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HomeMy WebLinkAbout01-0108 JESSICA ANN BARNHART, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001- /J'i CIVIL TERM CHAD EUGENE BARNHART, Respondent IN CUSTODY PETITION FOR CUSTODY AND NOW, this ~ay of January 2001, comes the Petitioner, Jessica A. Barnhart, by her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. 1. The petitioner is Jessica A. Barnhart, an adult individual who resides at 10 Independence Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The respondent, Chad E. Barnhart, is an adult individual who resides at 14 North Morris Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of one minor child, namely, Brady E. Barnhart, born June 12, 1995, age 5 years. 4. Petitioner desires primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. 5. The best interest of the children requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the children and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. Respectfully submitted, IGHT & HUGHES ~- D. Schwartz, Esquire Attorney for Petitioner 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court LD. No: 70216 By: Date: January {4ff-, 2001 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Petition and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. iM'/'LJ. 0 J54~ r- JESSICA ANN BARNHART Date: January 4, 2001 JESSICA ANN BARNHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001- CIVIL TERM CHAD EUGENE BARNHART, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Mark D. Schwartz, Esquire, do hereby certifY that I have served a true and correct copy of the foregoing Petition for Custody upon counsel for the Defendant by placing it in the United States Mail, first class postage prepaid in Carlisle, Pennsylvania 17013, upon the following: Michael J. Hanft, Esquire Law Office of Michael J. Hanft 19 Brookwood Avenue Carlisle, PA 17013 ~9~ By: Mark D. Schwartz, Esquire Attorney for Petitioner, Jessica Ann Barnhart Date: January 5, 2001 ('0 : N ~ d 3 ~~ ~(J- ~ \l) ',- d <:) >- 'Jl <_ r<) E-- ~ Ii::) t: ~~-Zl - iF. ~ ~ ~ -U'Q~ , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JESSICA ANN BARNHART, Petitioner CIVIL ACTION--LA W vs. NO. 2001-108 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN CUSTODY ACCEPTANCE OF SERVICE I, Michael J. Hanft, Esquire, accept service ofthe Petition for Custody in the above-captioned matter on behalf of my client, Chad Eugene Barnhart, and I certifY that I am authorized to do so. LAW OFFICE OF MICHAEL J. HANFT Date: (("'1/01 M;oh"j J. H~ft, "",w'/7 ~ Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Defendant F\Usl'T FoldcrlFirm DocsIGendocs2001\1984-2acceplance"ervice,wpd JESSICA ANN BARNHART PLAINTIFF V. CHAD EUGENE BARNHART DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-108 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 19th day of January, 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 15th day of February , 2001, at 10:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl Hubert X. Gilroy, Esq\ Custody Conciliat&;:fJ" 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ;'(fi~;;O/ &J Co/I,~;t cif &U<Jtl~ ~ 01 ,;%.de-e /hL"",~ Z 4 ij Jd,){J/ d~7' ~t'd ~ /'/ ~7 ~. CUMtJtJ':Vi,;D COUNIY PENNSYLVANIA Ul .Ji',N 22 PH I: r..4 ;:: :.:f' -O:lle::: .. :~'" '\1,.' -;,(',i\i')T,.,A D'J -.-. ,~ \11 f - MAR 0 6 ZOO I !Jb JESSICA ANN BARNHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHAD EUGENE BARNHART, Defendant NO. 01 - 108 CIVIL IN CUSTODY COURT ORDER AND NOW, this {, It: day of March, 2001, upon consideration of the Conciliation Report, it is ordered and directed as follows: attached Custody 1. The Mother, Jessica Ann Barnhart, and the Father, Chad Eugene Barnhart, shall enjoy shared legal and shared physical custody of Brady E. Barnhart, born June 12, 1995. 2. Physical custody shall be handled with the parties sharing physical custody equally along the schedule as arranged between the parties which generally provides as follows: A. Father shall have physical custody on every Tuesday and Wednesday and on alternating weekends from Friday through Monday morning. B. Mother shall have physical custody on every Monday and Thursday and alternating weekends from Friday through Monday morning. 3. In the event a custodial parent requires daycare for the minor child for a period of three (3) hours or more, that parent must first contact the other parent and offer them the opportunity to care for the child during that timeframe. 4. Both parents shall enjoy reasonable telephone contact with the minor child when the child is in the custody of the other parent. 5. This order is entered pursuant to an understanding that Mother has a separate apartment where she lives with the minor child and a separate bedroom for that child. If Father requests, Mother shall accommodate Father to make a visit to her apartment to verify the living situation. 6. This order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. Neither party is waiving the opportunity to claim that they should have primary physical custody of the minor child in the event this matter is litigated again before a Conciliator or at a hearing before the Court. 'JIN'<!l\1)..SNN3d ]JJ1.no'J Ql:,<n6-:l?\t\\YJ t) \ :t. ~d L - 'c\'<iVl \ G hBi\r'~.'('" (),'" ;..) t \~v';{~:i:~<6-(j:n'.:', cc: 7. The parties shaH meet again for a second Custody Conciliation Conference on May 17,2001 at 8:30 a.m. BYT7ZZQ~}/;I ~ t Mark D. Schwartz, Esquire Michael J. Hanft, Esquire t~{T{aJJ 03-07 -() I -RnS JESSICA ANN BARNHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHAD EUGENE BARNHART, Defendant NO. 01 - 108 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915 .3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Brady E. Barnhart, born June 12, 1995. 2. A Conciliation Conference was held on March 2, 2001, with the following individuals in attendance: The Mother, Jessica Ann Barnhart, with her counsel, Mark D. Schwartz, Esquire; and the Father, Chad Eugene Barnhart, with his counsel, Michael 1. Hanft, Esquire. 3. Based upon the recommendation of the Conciliator, the parties agree to the entry of an order in the form as attached. tt~/81 Hube . Gilroy, Esquire Cu ody Conciliator JUN 0 52001(17 JESSICA ANN BARNHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 01 - 0108 CIVIL ACTION - LAW CHAD EUGENE BARNHART, Defendant : IN CUSTODY COURT ORDER yt 4 V.A..- AND NOW, this S- day of ~ 2001, the Conciliator being advised that the parties desire to withdraw the above action, the May 17, 2001 Conciliation Conference is cancelled and the Conciliator relinquishes jurisdiction. BY THE COURT, Gt Hubert X. G' oy, Esquire Custody nciliator A ~ l,'-' I.i U <::J c::: -. ?:; ""::-. --::;~ ()~..", <-);f j-- '-"ii/ ;~':k '-'l.tJ fi{~ ""'- .:J V -:: 2... -"'" ':::") -) -- c:::, JESSICA ANN BARNHART PLAINTIFF V. CHAD EUGENE BARNHART DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-108 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Jnly 18, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland Conuty Courthonse, Carlisle on Thursday, August 09, 2001 at 8:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, &q. tl! 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 7/~c/0I - ~ ~-;)y nt;,:~ ~ M1.y r:c.."'-<..)~ ~I 'CIL.- m~l'&.c{ -f.o -IUIc~-I-- C!o/i)'( p~~ I ~ /).J-/.y G.~ u- RIz JESSICA ANN BARNHART, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-108 CIVIL TERM CHAD EUGENE BARNHART, Respondent IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes the Petitioner, Jessica Ann Barnhart, by and through her attorneys, IRWIN, McKNIGHT & HUGHES, and files this Petition to ModifY Custody, making the following statement: 1. The Petitioner is Jessica Ann Barnhart, an adult individual currently residing at 10 Independence Drive, Shippensburg, Pennsylvania 17257. 2. The Respondent is Chad Eugene Barnhart, an adult individual currently residing at 14 North Morris Street, Shippensburg, Pennsylvania 17257. 3. The parties are the natural parents of one (1) minor child, namely Brady E. Barnhart, born June 12,1995, age 6 years. 4. The custody schedule ofthe parties one minor child has been set by Order of Court dated March 6, 2001. A copy of said Order is attached hereto as Exhibit "A" and incorporated herein by reference thereto. 5. The minor child is entering first grade this September. 6. Petitioner desires primary physical custody of the child and joint legal custody with periods of visitation to respondent during the upcoming school year. 7. The best interest of the children requires that the court grant the petitioner's request as set forth above. WHEREFORE, the Petitioner, Jessica Ann Barnhart, respectfully requests that the current Court Order be modified and that primary physical custody be awarded to Petitioner of the minor child with periods of visitation with Respondent as this Honorable Court deems proper. Respectfully submitted, By: ark D. Schwartz, Esquire 60 West Pomfret Street Carlisle, P A 17013 717-249-2353 Supreme Court J.D. No: 70216 -fit Date: July /3 ,2001 Attorney for the Petitioner, Jessica Ann Barnhart ". '... MAR 0'6 2ooi/P JESSICA ANN BARNHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CNIL ACTION - LAW CHAD EUGENE BARNHART, Defendant NO. 01- 108 CIVIL IN CUSTODY COURT ORDER AND NOW, this l! day of March, 2001, upon consideration of the Conciliation Report, it is ordered and directed as follows: attached Custody I. The Mother, Jessica Ann Barnhart, and the Father, Chad Eugene Barnhart, shall enjoy shared legal and shared physical custody of Brady E. Barnhart, born June 12, 1995. 2. Physical custody shall be handled with the parties sharing physical custody equally along the schedule as arranged between the parties which generally provides as follows; A. Father shall have physical custody on every Tuesday and Wednesday and on alternating weekends from Friday through Monday morning. B. Mother shall have physical custody on every Monday and Thursday and alternating weekends from Friday through Monday morning. 3. In the event a custodial parent requires daycare for the minor child for a period of three (3) hours or more, that parent must first contact the other parent and offer them the opportunity to care for the child during that timeframe. 4. Both parents shall enjoy reasonable telephone contact with the minor child when the child is in the custody of the other parent. 5. This order is entered pursuant to an understanding that Mother has a separate apartment where she lives with the minor child and a separate bedroom for that child. If Father requests, Mother shall accommodate Father to make a visit to her apartment to verify the living situation. 6. This order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. Neither party is waiving the opportunity to claim that they should have primary physical custody of the minor child in the event this matter is litigated again before a Conciliator or at a hearing before the Court. 7. The parties shall meet again for a second Custody Conciliation Conference on May 17,2001 at 8:30 a.m. BY THE COURT, /5/ Ii (j"If)/ uJ. J. cc: Mark D. Schwartz, Esquire Michael J. Hanft, Esquire . '.. ( . ',,; . . ,,' c ,~, __ i.. ..., '-' JESSICA ANN BARNHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHAD EUGENE BARNHART, Defendant NO. 01 -108 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent infonnation pertaining to the child who is the subject of this litigation is as follows: Brady E. Barnhart, born June 12, 1995. 2. A Conciliation Conference was held on March 2, 2001, with the following individuals in attendance: The Mother, Jessica Ann Barnhart, with her counsel, Mark D. Schwartz, Esquire; and the Father, Chad Eugene Barnhart, with his counsel, Michael J. Hanft, Esquire. 3. Based upon the recommendation of the Conciliator, the parties agree to the entry of an order in the fonn as attached. ;t~! ~ ( Hube . Gilroy, Esquire Cody Conciliator VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. fAJ\!~ 1\ 0. ~O;1.M^o.J. JESSICA A. BARNHART Date: JULY 13 ,2001 JESSICA ANN BARNHART, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-108 CIVIL TERM CHAD EUGENE BARNHART, Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Mark D. Schwartz, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, certified, restricted delivery, and addressed as folIows: Michael J. Hanft, Esquire Law office of Michael 1. Hanft 19 Brookwood Avenue Carlisle, PAl 7013 By: zcn Mark D. Schwartz, Esquire 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Supreme Court J.D. # 702]6 Attorney for the Petitioner, Jessica Ann Barnhart Date: July ~001 / ~ r~ -f8 \-.l ... .... \I'( ..... ~ -c; V, r:~ -c; ,~ '" G '" .... JESSICA ANN BARNHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-108 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN DIVORCE NOTICE OF INTENTION TO RETAKE AND USE PRIOR NAME I, JESSICA ANN BARNHART, hereby give notice, avowing my intention to resume and hereafter use my prior surname, to wit: JESSICA ANN SMITH, in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 704(a) (54 Pa. C.S.A. 704(a). My divorce, docketed to 2001-108 Civil Term, was granted on July 11,2001. I verify that the statements made in this document are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 16th day of July, 2001. WITNESSED: i~~!1f}1#U~~AL) r-' JESSICA ANN BARNHART ~4Un<- JI. ~"~4U TO BE KNOWN AS: . ;t~ tl /I1A/..d/IJU4J (SEAL) 1"" JESSICA ANN SMITH ~ COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this 16th day of July, 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, JESSICA ANN BARNHART, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Notice of Intention to Retake and Use Prior Name, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 8(~ N t~~LMrt Notarial Saal \ BetZi A, MorrisOn, Notary Public Carlisle, 80<0, Cumbartand Cou My Comm..sior Expires Dec. 15. ~ Member. l1mSy;;n1o Association of NoI8lIes A r~ +:J r">~ l=- \\;, ~ <.> -" ; -c , '<L , . J\ . G }~ ,~! O. . ,". JUll!1Do; JESSICA ANN SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHAD EUGENE BARNHART, Defendant NO. 01 - 0108 CIVIL IN CUSTODY COURT ORDER +" AND NOW, this 1'1 day of July, 2002, the conciliator being advised that the parties have reached an agreement in the above matter, the conciliator relinquishes jurisdiction. BY THE COURT, @:Pl-1 Custody concili~ \iiN'.j/i,I)"St-.IN.:td )..LNnCJ-') '.',~.':~r:A'nJ i] 'I :[If ",' 2' C 'inr 20 ':"-1\,'1, , /LJ..!.,.,.__;' c'CJ OCT ~Ol JESSICA ANN BARNHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHAD EUGENE BARNHART, Defendant NO.OI-OIOS IN CUSTODY CIVIL COURT ORDER AND NOW, this Z... 1. day of 0 ~ 0 L, cJ , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The parties shall submit themselves and the minor child to a custody evaluation to be performed by a professional agreed upon by legal counsel for the parties. This shall be an independent evaluation, with the professional sharing the results of the evaluation with both parties and their counsel. Costs of the evaluation shall be split equally between the parties. 2. Upon the conclusion of the evaluation and in the event at that time the parties are unable to reach an agreement on a permanent custody order, counsel for the parties may contact the conciliator directly to conduct a custody conciliation conference on this case. 3. Pending further order of this court, this Court's prior order of March 6, 2001 shall remain in effect. ~ CIO.,.,Dl J. BV:aRl' ~ esley Oler, Jr. cc: Mark D. Schwartz, Esquire Michael .r. Hanft, Esquire (:) "":J -, {') P'---; t'..) .' :"i -'. :",,") r'" "-~- .. :.:< JESSICA ANN BARNHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHAD EUGENE BARNHART, Defendant NO. 01 - 0108 IN CUSTODY CIVIL Prior Judge: 1. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915 .3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Brady E. Barnhart, born June 12, 1995. 2. A Conciliation Conference was held on September 27,2001, with the following individuals in attendance: The Mother, Jessica Ann Barnhart, with her counsel, Mark D. Schwartz, Esquire; and the Father, Chad Eugene Barnhart, with his counsel, Michael J. Hanft, Esquire. 3. The parties agree to the entry of an order in the form as attached. DfL~7( of 07p~ Hubert X. Gilroy, Es uire Custody Conciliato JESSICA ANN SMITH (Previously Barnhart) Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 01-0108 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this _ day of July, 2002, by and between Jessica Ann Smith (hereinafter referred to as "Mother"), and Chad Eugene Barnhart (hereinafter referred to as "Father"). WHEREAS, Mother and father are the natural parents of Brady E. Barnhart, born June 12,1995; and WHEREAS, on October 2, 200 I, the parties agreed to submit themselves to an independent evaluator; and WHEREAS, the parties have been able to reach an agreement relative to custody of their minor son; and WHEREAS, the parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the minor child; and WHEREAS, the parties desire to confirm their agreement relative to custody of the minor child and execute a Stipulation and Agreement to effect the same. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: I. The Mother and Father shall have joint legal custody of Brady E. Barnhart. 2. Mother shall have primary physical custody of Brady E. Barnhart. 3. Father shall have periods of partial physical custody of the minor child as follows: a. Every other weekend from Friday after the father finishes work through Sunday at 8:30 p.m. b. Every Tuesday from after school until 8:30 p.m.; if there is no school and the father is not working, then from Tuesday morning through 8:30 p.m. c. Any other times as agreed upon between the parties. 4. The parties will alternate holidays except for the Christmas Holiday which will be split between the parties with one party having December 24 at 12:00 p.m. through December 25 at 12:00 p.m., and the other party having December 25 at 12:00 p.m. through December 26 at 12:00 p.m. This schedule will alternate each year. 5. Each party shaH enjoy one week vacation, and shaH advise the other party of the vacation time at least thirty (30) days in advance. 6. The parties will keep each other advised immediately relative to any emergencies concerning the minor child and shaH, further, take any necessary steps to ensure that the health and weH being of the child is protected. During such illness or medical emergency, each party shaH have the right to visit the child as often as he/she deems consistent with the proper medical care of the child. 7. The parties agree that there shaH be reasonable telephone contact with the child during the periods when the child is not in the custody of that party. 8. Neither party shaH do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 9. Each party shaH be entitled to complete and fuH information from any doctor, dentist, teacher or other similar authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, and birth certificates. Both parties may and are encouraged to attend school conferences and activities. 10. The parties desire that this Stipulation and Agreement be made an Order of Court by the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child, and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. II. Any permanent modification or waiver of the provisions of this agreement must be in writing and shall be effective only if made in writing and executed with the same formality as this Stipulation and Agreement. 12. The parties acknowledge that entering into this Stipulation and Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of either party. 13. The parties acknowledge that they have read and understand the provisions of this Stipulation and Agreement. Each party acknowledges that the Stipulation and Agreement is fair and equitable and that it is not the result of duress or undue influence. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year first above written. WITNESS: Lw-t'Lu~~ jjSSI~AA~~~# ~{(/~' J -'vl ' ,/ '- ",1 //?- -?}~,. : ~HAD E~ARNHART' , " Ij' -.:. v. : IN THE COURT OF COMMON PLEAS OF ~14 1.., : CUMBERLAND COUNTY, PENNSYL V ANIAO CIVIL ACTION - LAW JESSICA ANN SMITH (Previously Barnhart) Plaintiff No. 01-0108 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 15 ~ day of 040 c.. (r _, 2002, upon presentation and consideration of the attached stipulation and agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BjJZ g 01/, r. =-:l> r", ~ (~ t, k- ~ ...s ~ r ~> t " I;'," ("'v-.~ ,.-) - ~ ~. --., r z,t '- ~ ~ - ~,';'0 t -~ '- . ',:'(:'J , i .,~ jj MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney J.D. No, 27914 210 Grandview A venue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant JESSICA A. STOUGHT, Plaintiff/Respondent : IN THE COURT OF CO\1MON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-0108 CIVIL TERM CHAD E. BARNHART, Defendant/Petitioner : CIVIL ACTION - LAW : IN CUSTODY PETITION TO MODIFY AN EXISTING CUSTODY ORDER AND NOW, comes Defendant, Chad E. Barnhart, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Petition to Modify an Existing Custody Order, and in support thereof avers as follows: 1. Petitioner is Chad E. Barnhart who currently resides at 10 Independence Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Respondent is Jessica A. Stought who currently resides at 238 Newburgh Road, Newburgh, Cumberland County, Pennsylvania 17240-9212. 3. Respondent and Petitioner are the natural parents of one child, namely Brady E. Barnhart, born June 12, 1995, who is currently ten (10) years of age. 4. On or about July of 2002, the parties entered into an Agreement regarding custody of the parties' minor child. Pursuant to that Agreement, Respondent and Petitioner have joint legal custody ofthe child. Mother has primary physical custody of the child and Father has periods of partial physical custody as detailed in the Agreement. A true :md correct copy of said Agreement is attached hereto and marked as Exhibit "A.n 5. Petitioner believes and therefore avers that it is in the best interest of the minor child that the prior custody Order be modified for the following reasons: a. The minor child desires to spend an equal amount of time with both parties. b. The Petitioner is a fit parent and is equally availabk: to the parties' child. c. Petitioner desires shared physical custody of his child. 6. Petitioner believes and therefore avers that it is in the child's best interest that he and Respondent equally share legal and physical custody of the child and therefore he be awarded shared physical custody of their minor child. WHEREFORE, Petitioner requests this Honorable Court grant shared legal and physical custody of the child to both Mother and Father. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: March 10,2006 By: li(ifi TI, ESQ I 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Petitioner YJ;lUFICA TLOM L. Chad E. Barnhart. hereby verify and :mIte \hat the fact.> Slit forth in the foregoing document are troc and conoeet to the benofmy inforroation, knowledge and belief 1 understMd thAt false sUltemelUS bt,'rein are mad" S1.lbject to the pelWlties of 181.'!I. C.S.A. ,54904 ."tating to \msworn verification to lll.lthorities. Date; 3/10 10& rLL {! " ~ ' ,i,!' ," . /~-~4L- Chad E. :B ' v. : IN THE COURT OF COMMON PLEAS OF ~l 4 I., : CUMBERLAND COUNTY, PENNSYL V ANIAO CIVIL ACTION - LAW JESSICA ANN SMITH (Previously Barnhart) Plaintiff No. 01-0108 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN CUSTODY ORDER.QE COURT AND NOW, this 15 It, day of 0 zr., C. (r _, 2002, upon presentation and consideration of the attached stipulation and agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BjHE;)Z' g of/, - ~-~'-'_.'--"-'~-_."-"-----'-"""'.'--~".. v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW JESSICA ANN SMITH (Previously Barnhart) Plaintiff No. 01-0108 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULA nON AND AGREEMENT entered into this _ day of July, 2002, by and between Jessica Ann Smith (hereinafter referred to as "Mother"), and Chad Eugene Barnhart (hereinafter referred to as "Father"). WHEREAS, Mother and father are the natural parents of Brady E. Barnhart, born June 12, 1995; and WHEREAS, on October 2, 200 I, the parties agreed to submit themselves to an independent evaluator; and WHEREAS, the parties have been able to reach an agreement rc~lative to custody of their minor son; and WHEREAS, the parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the minor child; and WHEREAS, the parties desire to confirm their agreement relative to custody of the minor child and execute a Stipulation and Agreement to effect the same. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The Mother and Father shall have joint legal custody of Brady E. Barnhart. 2. Mother shall have primary physical custody of Brady E. Barnhart. 3. Father shall have periods of partial physical custody of the minor child as follows: a. Every other weekend from Friday after the father finishes work through Sunday at 8:30 p.m. b. Every Tuesday from after school until 8:30 p.m.; if there is no school and the father is not working, then from Tuesday morning through 8:30 p.m. c. Any other times as agreed upon between the parties. 4. The parties will alternate holidays except for the Christmas Holiday which will be split between the parties with one party having December 24 at 12:00 p.m. through December 25 at 12:00 p.m., and the other party having December 25 at 12:00 p.m. through December 26 at 12:00 p.m. This schedule will alternate each year. 5. Each party shaH enjoy one week vacation, and shall advise the other party of the vacation time at least thirty (30) days in advance. 6. The parties will keep each other advised immediately relative to any emergencies concerning the minor child and shall, further, take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, each party shall have the right to visit the child as often as he/she deems consistent with the proper medical care of the child. 7. The parties agree that there shall be reasonable telephone contact with the child during the periods when the child is not in the custody of that party. 8. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 9. Each party shall be entitled to complete and full infonnation from any doctor, dentist, teacher or other similar authority and have copies of any reports given to them as a parent. Such docwnents include, but are not limited to, medical reports, academic and school report cards, and birth certificates. Both parties may and are encouraged to attend school conferences and activities. 10. The parties desire that this Stipulation and Agreement be made an Order of Court by the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child, and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. I I. Any permanent modification or waiver of the provisions of this agreement must be in writing and shall be effective only if made in writing and executed with the same formality as this Stipulation and Agreement. 12. The parties acknowledge that entering into this Stipulation and Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of either party. 13. The parties acknowledge that they have read and understand the provisions of this Stipulation and Agreement. Each party acknowledges that the Stipulation and Agreement is fair and equitable and that it is not the result of duress or undue influence. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year first above writt€m. WITNESS: L~f~)~~ ~SSI~A~~)!dn# ~l~R~~l tHAD ~BARNHA.RT ' CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Petitioner herein, do hereby certify that on this date I served the foregoing Petition to Modify an Existing Custody Order by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Kathleen A. Engle, Esquire ABOM & KUTULAKIS 8 South Hanover Street Carlisle, PA 17013 MARIA P. COGNETTI & ASSOCIATES - Date: March 10, 2006 By: 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Petitioner ~)C ~ -~d .....) '.N v- \ "- ~ '""', ~ C>i:;. "'" "'" " ,.\ ,. , -/ ~ - '.-"" ( '~ ------ JESSICA A. STOUGHT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANJA V. 01-0108 CIVIL ACTION LA W CHAD E. BARNHART IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, March 15, 2006~~, upon consideration oflhe attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at__"__4tI1"Jiloo"'__<:~\1lI>~r!a~d Co~nty Courtbous-","farHsl~~ on Friday, April 21, 2,~,_,"___ at JI.}ll....AM lar a Pre-Hearing Custody Conference. At such conference, an enart will be made to resolve the issues in dispute; or if this cannot be accomplished, to denne and narrow the issues to be heard by the court. and to enter into a temporary order. All children age live or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special ReHef orders, and Custody orders to tbe conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: _{sl Hubert X Gilroy, Es,q'----------_ ,I\{\ Custody Conciliator -----pr-' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs 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 bc made at least 72 hours prior to any hearing or business belare the court. You must attend the schcduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA VE 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 . ~ ~ ;1 "'''' ~ZrI' h4p 1rJ'c/}I'!~ ~7 flJ7 1? ~f~};~ 'JrJ ?/;:- '1J;2:~ fp ~ ~1'1f k~ 'P9 707/ E ViNV;\lAS"JN3ri i ",n", ".."' "",:;I"'n.... \J..J.. ""J" .':~:-:-I::,..',':l v o Z : II WV 9\ UVH 9002 },l:iVlCI,,),:.iini.:O' ::iu' JO .. '- I.~V"" ..srlJ. ~ 3:ilJ:-IO"G31I:l "' JUN 0 5 2006~ JESSICA A. STOUGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 01-0108 CIVIL ACTION - LAW CHAD E. BARNHART, Defendant IN CUSTODY COURT ORDER AND NOW, this ~ day of June, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No.1 of the Cumberland County Courthouse on the 1~ day of _~2006 at 1:]0 a.. . m. At this hearing the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall fIle with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of anticipated testimony of each witness. This Memorandum shall be fIled at least fIve days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of October 15, 2002 shall remain in effect pending further Order of this Court or agreement of the parties. BY THE COURT, v/~ YJ~J IP/I.:2/ () 6 ~ ~rY ~\ o\S) Cc: L Haggerty, Esquire ~aria P. Cognetti, Esquire ~ >- q; ~ LU ~"2 f~H) (~c,.. 'I.tU :::J - O:UJ r-: LJ_ o ~~ -::r ~ ("") 0.: N -"'~I'" ~ ::=; l..f':.") C::;I = ,""J . . JESSICA A. STOUGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-0108 CIVIL TERM CHAD E. BARNHART, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this~ day of s... p-l , 2006, it is hereby ORDERED and DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. BY THE COURT: lilt '. ~ ~ )' I -J-P ~! ~ ( ~j::. ~~~ i &- (") ,..., 0 "'" c "'" -n =5~ "'" -;1 (r" (/l ~:!l n""'\ ~-~ rn ["11 ' -:;1' -0 -aFn -' ,'-,- , I ;SJY en -l -, :,_).( ,1 ,..' I ~ ~,.;: .::~ -1'-, ". :l=" (!,):tJ '" .~ ~ c t--; 5'- t:: - :"-.':m - 0 Z :-\ :<: W ~ -l IG t Pl? MARIA P. COONETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 2 10 Grandview .Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant JESSICA A. STOUGHT, Plaintiff/Respondent V. CHAD E. BARNHART, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-0108 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF EXISTING CUSTODY ORDER AND NOW, comes Defendant, by and through his attorney, Maria P. Cognetti, Esquire, who files this Petition for Modification of Existing Custody Order and in support thereof avers as f6llows: L Petitioner is Chad E. Barnhart, (hereinafter "Father") who currently resides at 10 Independence Drive, Shippensburg, Cumberland County, Pennsylvania. 2. Respondent is Jessica A. Stought, (hereinafter "Mother") who currently resides at 238 Newburg Road, Newburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, Brady E. Barnhart, born June 12, 1995, who is currently fifteen (15) years of age. C?-?,y?sla?s 4. On September 7, 2006, the parties executed a Stipulation for Custody which the Court adopted on September 7, 2006, in which the parties agreed to share legal custody of Brady, with Mother having primary physical custody and Father having substantial partial custody. A copy of said Stipulation and Order are attached hereto collectively as Exhibit "A" and are :incorporated herein by reference thereto. 5. Father believes, and therefore avers, that it is in the best interest of the child for him to have primary physical custody for the following reasons: a. Brady has expressed a strong desire to both Mother and Father that he would like to live with Father. b. Father is desirous of having Brady live with him. c. Father is an equally fit parent and is equally available to the child. d. Father's residence has ample room and a nurturing atmosphere. e. The child's best interest would be better served if he lived with Father on a primary basis. 6. The best interest and permanent welfare of the child will be served by granting Father primary, custody. 2 WHEREFORE, Father requests this Honorable Court grant him primary physical custody of the minor child. Dated: November 9, 2010 Respectfully Submitted, MARIA P. C NETTI & ASSOCIATES E f fY By: MARIA P. CO TTI, ESQUIRE Attorney I.D. No`s 914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717) 909-4060 Attorneys for Defendant VERIFICATION I, CHAD E. BARNHiART, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. DATE: CHAD E. BARNH ???'?? JESSICA A. STOUGHT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-0108 CIVIL TERM CHAD E. BARNHART, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ? "d day of Se- n4 , 2006, it is hereby ORDERED and DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. BY THE COURT: JESSICA A. STOUGHT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V, : NO. 01-0108 CIVIL TERM CHAD E. BA.RNHART, : CIVIL ACTION - LAW Defendant : IN CUSTODY STIPULATION FOR CUSTODY AND NOW, this J'<?'4°day of'n? , 2006, come Plaintiff, Jessica A. i Stought, by and through her attorney, Kara W. Haggerty, Esquire, and Defendant, Chad E. Barnhart, by and through his attorney, Maria P. Cognetti, Esquire, and hereby enter the following Stipulation for Custody as follows: 1. Plaintiff is Jessica A. Stought (hereinafter "Mother") an adult individual who currently resides at 238 Newburg Road, Newburg, Cumberland County, Pennsylvania 17240. 2. Defendant is Chad E. Barnhart (hereinafter "Father") an adult individual who currently resides at 10 Independence Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of one minor child, namely Brady E. Barnhart, born June 12, 1995, who is currently eleven (11) years of age. f 4. The parties agree to share legal custody of their minor child. All decisions effecting I the child's growth and development including, but not limited to: medical and dental treatment; i psychiatric or psychological therapy or like treatment; decisions relating to actual or potential litigation involving the child, directly or as a beneficiary, other than custody and litigation; education, both secular and religious; choice of camp, if any; athletic pursuits and extra curricular activities shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and a view toward obtaining and following a harmonious policy in the child's best interest. 5. Mother shall have primary physical custody of the minor child. Father shall have partial physical custody of the minor child as follows: a) On a rotating two week basis: i. Week one: with Mother beginning Thursday after school, or 9:00 a.m. if no school, through Wednesday until school begins, or 9:00 a.m. if no school, ii. Week two: with Father beginning Wednesday after school, or at 9:00 a.m, if no school, through Monday morning until school begins, or 9:00 a.m. if no school; with Mother Monday after school, or at 9:00 a.m. if no school; through Wednesday morning until school begins, or 9:00 a.m. if no school; with Father Wednesday after school, or 9:00 a.m. if no school, through Thursday morning until school begins, or 9:00 a.m. if no school. By way of example, the following chart illustrates the parties' schedule: Week One r Th f F sai Sun M T W FIM M M M M M M/F Week Two Th F Sat Sun M T W F F F F F/M M M/F b) The Christmas holiday will be divided into two segments. Segment "A" shall begin on Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon. Segment "B" shall begin at 12:00 noon on Christmas Day and continue through December 26 at 12:00 noon. The segments will alternate between the parents with Mother having 1s" L l} Segment Ain ee-numbered years and segment B m- numbered year. Father CVU) shall have Segment "A." in :numbered years and Segment "B" innumbered years. The parties shall equally divide all other days of the child's Christmas break not specifically set forth herein. c) The New Years Day holiday shall be divided as follows: Mother shall have December 31 at 12:00 noon through January l at 12:00 noon, and Father shall have January',1 at 12:00 noon through January 2 at 12:00 noon or the beginning of school. This schedule will remain the same every year. d) The following holidays shall be alternated from year to year: President's Day, Memorial Day Labor Day, the child's birthday, Fourth of July, and LaB?ry. Mother shall have custody on Labor Day 2006 and the holidays shall alternate from that 9j :` , t point forward. 1 1 ru"? 1 1 e) Thanksgiving Day and Easter Sunday shall be shared by the parties. On Easter, Mother shall have 9:00 a.m. through 3:00 p.m. with the child every year, and Father shall have 3:00 p.m. through 9:00 p.m. with the child every year. On Thanksgiving, Father shall have 9:00 a.m. through 3:00 p.m. with the child every year, and Mother shall have 3:00 p.m. through 9:00 p.m. with the child every year. f) Mother shall have custody every Mother's Day beginning at 9:00 a.m. the and concluding at 7:00 p.m. Father shall have custody every Father's Day beginning at 9:00 a.m. and concluding at 7:00 p.m. g) Each party shall be entitled to one (1) uninterrupted week (seven days) of vacation with the child during his summer break from school. The parties shall schedule said periods of vacation during their custodial period and shall give the other party thirty (30) days notice of their intended vacation period. The party exercising their week of vacation time shall provide the other party with their itinerary, including, but not limited to, dates, times, specific address or location, a land line telephone number, and any other contact information. h) Thanksgiving and Christmas 2006 - Father shall exercise custody of the child no earlier than Tuesday after school at the beginning of the 2006 Thanksgiving break through the end of the break, at which time the regular schedule will resume. Mother shall exercise custody of the child from December 24, 2006, at 7:00 p.m. through December 27, 2006, 'at 9:00 a.m., at which time the regular custody schedule shall resume. 6. The parties may modify the schedule as set forth above as they may agree to be in the best interest of the minor child, and the parties are encouraged to be flexible in accommodating reasonable requests for scheduled changes. 7. The non-custodial parent at any given time shall have reasonable ongoing telephone access to the minor child, and the minor child should not be precluded from telephoning the non-custodial parent at reasonable times. Should the minor child be unavailable to receive a telephone call from the parent, the custodial parent shall be responsible for having the child return the telephone call. 8. Each party shall keep the other advised of a current address and telephone number. 9. Each party shall advise the other promptly of any illness suffered or injury sustained by the minor child. 10. The parties shall communicate directly with each other regarding the minor child, and shall not allow any interference from any third persons. The minor child should not be used as an intermediary. All contact between the parties, whether in person or by telephone, shall be polite, civil and respectful. 11. The parties will not undertake or allow by any other person the poisoning of the child's mind against one of the other parties by conversation which includes any critical, hostile, or condemning language, or any way derogates the other party from extended family members. 12. The parties shall not conduct or permit arguments or heated conversations in the presence or hearing of the minor child. 13. Neither party shall attempt or condone any attempt to directly or indirectly, by any artifice, or subterfuge, whatsoever, to estrange the minor child from the other parent, or to injure or impair the mutual love and affection of the minor child. At all times, each parent shall encourage and foster in the minor child a, sincere respect and affection for the other parent, and shall not hamper the natural development of the child's love and respect for the other parent. 14. Each parent shall keep the other advised on an ongoing basis of the schedule of all curricular and extra curricular activities and events in which the minor child is engaged. Both parents shall have the right to attend these activities and events and participate in them to the extent parents are normally allowed or encouraged to do so. During scheduled periods of custody, both parents shall be responsible for the child's attendance at regularly scheduled activities and special events. 15. Each party acknowledges that they have been advised of the legal ramifications of this Stipulation from their respective attorneys, and voluntarily consent to this agreement. 16. It is the intention of the parties that this Stipulation may be entered as an Order of Court, as if a full hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act 23 Pa.C.S. 54. It is agreed that, until subsequent Order of Court of competent jurisdiction, Pennsylvania shall be deemed the home state of the child, and ';that this Stipulation shall be considered the first custody decree or initial decree concerning said minor child. 17. The parties agree that the attorneys for the parties shall schedule a telephone conference in !early December to review the impact of the new schedule on Brady's school performance: IN WITNESS THEREOF, and intending to be legally bound thereby, the parties hereto have hereunto set their hands and seals the day and year first above written. r Kara W. Haggerty,E ire Attorney for Plaintiff Maria P.iCogn-. ¢ii,squire Attorney for Defendant /o - 17t at- jf Cl(a I -6) P) CJ e fess'ca A. Stought Plaintiff ?t'r-o I `teat 4?? 5t ? r t° r t, Defendant CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition for Modification of Existing Custody Order at the address indicated below: Kara. W. Haggerty, Esquire ABOM & KUTULAKIS '2 West High Street Carlisle, PA 17013 Jessica A. Stought 238 Newburg Road Newburg, PA 17240-9212 Service by: Personal service via hand delivery X_ Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: November 9, 2010 By: 1v Y? L.IVA MARIA ., CON TTI, ESQUIRE Attorney I.D. N . 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner 6 STOUGHT JESSICA A IN THE COURT OF COMMON PLEAS OFD ra o . c o a PLAINTIFF CUMBERLAND COUNTY, PENNSYLV o mw M z o rn- r- -+v cn? - rn ?p V. 2001-108 CIVIL ACTION LAW -<D> w oQ 3> c-s =C o--n CHAD E. BARNHART x c:) IN CUSTODY D? v z C :)C-) n7 DEFENDANT -? D ORDER OF COURT AND NOW, Thursday, November 18, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, December 20, 2010 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. G&o Es q. I 116 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. J 1-1q - aD b SIC Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 LAA- W _1? DEC 2 72010 JESSICA A. STOUGHT, Plaintiff VS. CHAD E. BARNHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001-108 Prior Judge: The Honorable J. Wesley, Oler, Jr. COURT ORDER bee. a4. 410 /0 ?RO TOOtJ r14RV +7sf NOW, this day of December, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this court's prior order of September 7, 2006, is vacated and replaced with the following order: The mother, Jessica A. Stought, and the father, Chad E. Barnhart, shall enjoy shared legal custody of Brady E. Barnhart, born June 12, 1995. 2. The father shall enjoy primary physical custody of the minor child. Unless agreed otherwise by the parties, physical custody shall be handled as follows: A. The parties shall alternate physical custody on a weekly basis with the exchange being on Friday. However, during the school year, the father shall also have custody each Wednesday from Wednesday evening after school through Thursday. During the summer months, father shall have custody each Tuesday through Thursday. B. The parties shall alternate or share a holiday schedule pursuant to paragraph 5 of the September 7, 2006, order of court, as noted on the attached Exhibit 6A9. 3. In the event there are any issues involving this revised custody order, legal counsel for either party may contact the custody conciliator directly to schedule a second custody conciliation conference which may be via telephone or in person. cc: aria P. Cognetti Esquire /K?ara W. Haggerty, Esquire L= O t PS' ry't. C LL BY THE COURT, litigation involving the child, directly or as a beneficiary, other than custody and litigation; education, both secular and religious; choice of camp, if any; athletic pursuits and extra curricular activities shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and a view toward obtaining and following a harmonious policy in the child's best interest. 5. Mother shall have primary physical custody of the minor child. Father shall have partial physical custody of the minor child as follows: a) On a rotating two week basis: i. Week one: with Mother beginning Thursday after school, or 9:00 a.m. if no school, through Wednesday until school begins, or 9:00 a.m. if no school. ii. Week two: with Father beginning Wednesday after school, or at 9:00 a.m. if no school, through Monday morning until school begins, or 9:00 a.m. if no school; with Mother Monday after school, or at 9:00 a.m. if no school; through Wednesday morning until school begins, or 9:00 a.m. if no school; with Father Wednesday after school, or 9:00 a.m. if no school, through Thursday morning until school begins, or 9:00 a.m. if no school. By way of example, the following chart illustrates the parties' schedule: Week One Th F Sat Sun IM IT W F/M M M M M M M/F Week Two Th F Sat Sun t M T W F i F F F F/M M M/F b) The Christmas holiday will be divided into two segments. Segment "A" shall begin on Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon. Segment "B" shall begin at 12:00 noon on Christmas Day and continue through December 26 at 12:00 noon. The segments will alternate between the parents with Mother having Segment A in numbered years and segment `B' in W numbered year. Father ?v(C shall have Segment "A" in 944 numbered years and Segment "B" in ivon numbered years. C V The parties shall equally divide all other days of the child's Christmas break not specifically set forth herein. C) The New Years Day holiday shall be divided as follows: Mother shall have December 31 at 12:00 noon through January 1 at 12:00 noon, and Father shall have January 1 at 12:00 noon through January 2 at 12:00 noon or the beginning of school. This schedule will remain the same every year. C d) The following holidays shall be alternated from year to year: President's Day, Memorial Day Labor Day, the child's birthday, Fourth of July, and Lafi ay. goo Mother shall have custody on Labor Day 2006 and the holidays shall alternate from that k? point forward. ?a_5e ?p f l d? Y 5 5ti all rv i-? 7 o?c 9.'UU , ?r . 700 P, e) Thanksgiving Day and Easter Sunday shall be shared by the parties. On Easter, Mother shall have 9:00 a.m. through 3:00 p.m. with the child every year, and Father shall have 3:00 p.m. through 9:00 p.m. with the child every year. On Thanksgiving, Father shall have 9:00 a.m. through 3:00 p.m. with the child every year, and Mother shall have 3:00 p.m. through 9:00 p.m. with the child every year. f) Mother shall have custody every Mother's Day beginning at 9:00 a.m. the and concluding at 7:00 p.m. Father shall have custody every Father's Day beginning at 9:00 a.m. and concluding at 7:00 p.m. g) Each party shall be entitled to one (1) uninterrupted week (seven days) of vacation with the child during his summer break from school. The parties shall schedule said periods of vacation during their custodial period and shall give the other party thirty (30) days notice of their intended vacation period. The party exercising their week of vacation time shall provide the other party with their itinerary, including, but not limited to, dates, times, specific address or location, a land line telephone number, and any other contact information. h) Thug and Christmas 2006 -Father shall exercise custody of the child no earlier than Tuesday after school at the beginning of the 2006 Thanksgiving break through the end of the break, at which time the regular schedule will resume. Mother shall exercise custody of the child from December 24, 2006, at 7:00 p.m. through December 27, 2006, at 9:00 a.m., at which time the regular custody schedule shall resume. JESSICA A. STOUGHT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW CHAD E. BARNHART, NO. 2001-108 Defendant Prior Judge: The Honorable J. Wesley, Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Brady E. Barnhart, born June 12, 1995. 2. A Conciliation Conference was held on December 20, 2010, with the following individuals in attendance: The mother, Jessica A. Stought, with her counsel, Kara W. Haggerty, Esquire, and the father, Chad E. Barnhart, with his counsel, Maria P. Cognetti, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: December oZ 2010 a' k Hubert Y Gilroy, Esquire Custo Conciliator