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HomeMy WebLinkAbout09-7606JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff ANNALISA M. TOMLINSON, Plaintiff vs. ROBERT C. BARGY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No v 9- '7 614 4 Tzz. CIVIL ACTION - AT LAW CUSTODY COMPLAINT IN CUSTODY AND NOW, comes Plaintiff, Annalisa M. Tomlinson, by and through her attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Custody: 1. Plaintiff, Annalisa M. Tomlinson, is an adult individual currently residing at 30 N. 36th Street, Apt. 1, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, Robert C. Bargy, is an adult individual currently residing at 9356 S. Mica Mine Gulch Road, Fort Littleton, Colorado, 80127. 3. There is one dependent child from the relationship of the parties, namely Josephine E. Bargy, born February 7, 1997. 4. The parties are not married. The child was not born in wedlock. 5. The child is presently in the custody of Plaintiff, Annalisa M. Tomlinson, residing at 30 N. 36th Street, Apt. 1, Camp Hill, Cumberland County, Pennsylvania, 17011. 6. For the past five (5) years, the child has resided with he following people at the following addresses: 1 Resided with: Address: Plaintiff 30 N. 36t" St. Plaintiff's fianc6 (Andre Smith) Camp Hill, PA 17011 Child's paternal great-grandmother Cairn Highway (Josephine W. Bargy) Kewadin, MI Defendant Cairn Highway Kewadin, MI Dates: June 2, 2006 to present January 2006 to June 2, 2006 November 2004 to January 2006 7. Plaintiff is the natural mother of the child and she currently resides with the child and her fiance at 30 N. 36th Street, Apt. 1, Camp Hill, Cumberland County, Pennsylvania, 17011. 8. Defendant is the natural father of the child and it is believed that he currently resides with his wife, Jennifer Bargy, at 9356 S. Mica Mine Gulch Road, Fort Littleton, Colorado, 80127. 9. The parties were previously involved in a support case in the Family Division of the Antrim County Circuit Court in the State of Michigan at File No. 00-001205-TM. A copy of the most recent documentation in that case is attached hereto as Exhibit A. 10. Except for the Michigan Domestic Relations case referenced above, Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 2 13. The best interest and permanent welfare of the child will be served by granting Plaintiff primary physical and shared legal custody of the child. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, Annalisa M. Tomlinson, respectfully requests this Honorable Court to grant her primary physical and shared legal custody of her daughter. Respectfully Submitted: By: ANNE B. COSTOPOULO ,-`ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: Attorney for Plaintiff / /2 ? VERIFICATION I, Annalisa Tomlinson, 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 unworn verification to authorities. Date: Annalisa Tomlinson I3IBIT ? E STATE OF MICHIGAN THE CIRCUIT COURT, FAMILY DIVISION, FOR THE COUNTY OF ANTRIM ANNALISA M. TOMLINSON Plaintiff -vs- File No. 00-001205-TM ROBERT C. BARGY SEVENTH ORDER MODIFYING Defendant CONSENT ORDER OF FILIATION, SUPPORT AND CONFINEMENT EXPENSES At a session of Court held in the Courthouse in the Village of Bellaire said County and State, on the 9th day of October, 2007. PRESENT: HONORABLE NORMAN R. HAYES, Family Division Judge The Friend of the Court having made recommendations to this Court following a review in the above captioned case, and the Court being of the opinion that such recommendations are reasonable and in the best interests of the minor child, and should be adopted by this Court, CHILD SUPPORT IT IS HEREBY ORDERED that child support is modified according to the terms of the Uniform Child Support Order attached hereto and incorporated by reference. In the event of a conflict between the provisions of this Order and the attached Uniform Support Order, the provisions of this Order shall control. Child support payments shall be made to the Michigan State Disbursement Unit (MiSDU), P.O. Box 30351, Lansing, MI 48909-7851. CHILD CARE IT IS FURTHER ORDERED that the parties shall promptly inform Friend of the Court regarding changes in child care. Child care contributions may be modified if the expenses change by $10.00 or more per week. The Plaintiff shall contribute 52% and the Defendant shall contribute 48% of the child care costs after deduction of the child care credit allowed by the IRS. Child care charges cease at the start of the school year immediately following the child's 12th birthday. UNINSURED MEDICAL EXPENSES IT IS FURTHER ORDERED that uninsured health care expenses must be submitted to the co- parent for reimbursement within 28 days after the insurer's final payment or denial of coverage. Provided requests for reimbursement have been submitted to the co-parent and the co-parent has failed to pay, the Friend of the Court will assist with enforcement provided the complaint is filed prior to the expiration of one year from when the expense was incurred. SUPPORT ABATEMENT IT IS FURTHER ORDERED that parenting time abatements must be submitted in writing to the Friend of the Court for processing within 60 days of the date they are accrued or the Friend of the Court will not assist a litigant in the processing of those claims. Page Two BARGY: Robert& Tomlinson, Annalisa 00-001205-TM STATUTORY FEES IT IS FURTHER ORDERED that the Defendant Robert Bargy pay service fees of Three and 50/100 Dollars ($3.50) per month, through the State Disbursement Unit (MiSDU), P.O. Box 30351, Lansing, MI 48909-7851. PAYMENTS ON ARREARS IT IS FURTHER ORDERED that, in the even that there is an arrearage on the account, Defendant Robert Bargy shall pay $87.00 per month toward outstanding arrearages. Said modification shall be in effect as of the 9th day of October, 2007. In all other respects the Consent Order of Filiation as previously modified, shall remain in full force FAMV DIVISION JUDGE NORMAN R. HAYES DATED: jiRk-7 NOTICE: This Order shall take immediate effect. Either party may move to modify or rescind this Order by filing an objection and requesting a hearing by the Court within the next 14 days from the date that this Order is mailed. The objection shall be filed with the Court Clerk and a copy shall be provided to Friend of the Court and to the Court Administrator's Office, 328 Washington, Suite 300, Traverse City, MI 49684. If an objection is properly filed and a hearing is held, the Court may either increase or decrease the amount of this order retroactive to the effective date of this Order. cc: A. Tomlinson R. Bargy I certify that on this date I served a copy of this order and the attached Uniform Support Order on the parties and their attorneys by first class mail addressed to their last known addresses as defined in MCR 3.203. ?' Dated: OCT 117097 STATE OF MICHIGAN UNIFORM CHILD SUPPORT ORDER CASE NO. 13TH JUDICIAL CIRCUIT COURT 2000-001205-TM ANTRIM COUNTY HON. NORMAN R HAYES Antrim County Friend of the Court Address: 328 Washington Street Traverse City , MI 49684 Plaintiffs name, address, and telephone no. ANNALISA TOMLINSON 30n 36th St Apt 1 Camp Hill, PA 17011 Plaintiffs attorney name, address, telephone no., and bar no. Plaintiffs source of income name, address, and telephone no. Unless otherwise ordered: Telephone No. (231) 922-4660 Fax No. (231) 9224575 V Defendant's name, address, and telephone no. ROBERT CALVIN BARGY SR 9356 S Mica Mine Gulch Rd Littleton, CO 80127 Defendant's attorney name, address, telephone no., and bar no. source of income name, address, and telephone no. This order continues until each child is age 18 or graduates from high school, as provided by MCL 552.605b, whichever is later, but no longer than age 19 1/2. Child care for each child continues through August 31 following each child's 12th birthday. Income withholding takes immediate effect. Payments shall be made through the Michigan State Disbursement Unit unless otherwise ordered in item 13. 3. Child Support. The payer has a monthly child support obligation as follows: Payer: Robert Calvin Bargy SR Payee: Annalisa Tomlinson Tsup+l.--rt effective date: l1-01-2007 Children's names and birth dates: JOSEPHINE E BARGY 02-07-1997 Children supported: 1 child 2 children 3 children 4 children 5 or more children Base support: (includes support plus or minus premium adjustment for health care insurance) Support: $303.00 $ $ $ $ Premium adjust: $ $ $ $ $ Total: $303.00 $0.00 $0.00 $0.00 $0.00 Ordinary medical: $0.00 $0.00 $0.00 $0.00 $0.00 Child care: $0.00 $0.00 $0.00 $0.00 $0.00 Other: ' 4 ' n s . 1 $95.00 1 $0.00 $0.00 $0.00 $0.00 Total: $398.00 $0.00 $0.00 $0.00 $0.00 The above ordered support provisions do follow the child support formula. 4. Insurance. For the benefit of the children, [X] plaintiff [X] defendant shall maintain health care coverage through an insurer [as defined in MCL 552.602(0)] that includes payment for hospital, dental, optical, and other health care expenses when that coverage is available at a reasonable cost, including coverage available as a benefit of employment or under an individual policy not to exceed 5% of the plaintiffs/defendant's gross income. 5. Uninsured Health Care Expenses All uninsured health care expenses exceeding the ordinary medical amount will be paid 52% by the plaintiff and 48% by the defendant. Uninsured expenses exceeding the ordinary medical amount for the year they are incurred that are not paid within 28 days of a written payment request may be enforced by the Friend of the Court. The yearly ordinary medical amount is $0.00. 6. Qualified Medical Support Order. This order is a qualified medical support order under 29 USC 1169. To qualify this order, the Friend of the Court shall issue a notice to enroll under MCL 552.626b. A parent may contest the notice by requesting a review or hearing concerning availability of health care at a reasonable cost. UNIFORM CHILD SUPPORT ORDER 2000-001205-TM MiCSES FOC10 (Rev. 05107) Page 1 of 2 MCL 552.14, MCL 552.517, MCL552.517b(3), MCR 3.211 7. Retroactive Modification, Surcharge for Past Due Support, and Liens for Unpaid Support. Except as provided by MCL 552.603, support is a judgment the date it is due and is not modifiable retroactively. A surcharge will be added to past due support. Unpaid support is a lien by operation of law and the payer's property can be encumbered or seized if an arrearage accrues in an amount greater than the periodic support payments payable for two months under the payer's support order. 8. Change of Address, Employment Status, Health Insurance. Both parties shall notify the Friend of the Court in writing, within 21 days of any change in: a) their mailing or residence addresses and telephone numbers; b) the names, addresses, and telephone numbers of their sources of income; c) their health maintenance or insurance companies, insurance coverage, persons insured, or contract numbers; d) their occupational or driver's licenses; and e) their social security numbers unless exempt by law under MCL 552.603. 9. Redirection and Abatement: Subject to statutory procedures, the Friend of the Court: 1) may redirect support paid for a child to the person who is legally responsible for that child; 2) shall abate support charges for a child who resides on a full-time basis with the payer of support; or 3) shall redirect support to the Department of Human Services for a child placed in foster care. 10. Fees. The payer of support shall pay statutory and service fees as required by law. 11. Review. Each party to a support order may submit a written request to have the Friend of the Court review the order. The Friend of the Court is not required to investigate more than 1 request received from a party each 36 months. A party may also file a motion to modify this support order at any time there is a change in circumstances. 12. Prior Orders. Except as changed in this order, prior provisions remain in effect. Support payable under any prior order is preserved. Any past-due support shall be paid in t e,amount calculated using the Michigan Child Support Formula. A 13. Other: (attach separate sheets as needed) JaL Date Judge R HA Prepared by: JULIE CON AY CASE MA GER UNIFORM CHILD SUPPORT ORDER 2000-001205-TM MiCSES FOCI 0 (Rev. 05107) Page 2 of 2 MCL 552.14, MCL 552.517, MCL552.517b(3), MCR 3.211 GRAND TRAVERSE CO. FRIEND OF THE COURT THE CHILD SUPPORT PROGNOSTICATOR 2007 ROBERT BARGY / ANNALISA TOMLINSON Case No: 00-001205-TM CHILD SUPPORT RECOMMENDATION This case has been calculated with mother having primary physical custody. GENERAL CARE: For the costs of general care, the father should pay: $303.00 per month for one child. General care should abate by 50% during times when the noncustodial parent has parenting time for six or more consecutive overnight periods. Ordinary health care costs and child care costs should not abate. HEALTH INSURANCE PREMIUM ADJUSTMENT Mother's net insurance premium is higher than father's net insurance premium. Therefore, father's general care obligation should be increased by $95.00. This is the maximum reasonable expense allowed. The cost of mother's health insurance premium exceeds 5% of her gross income and is considered to be unreasonable under the Michigan Child Support Formula. TOTAL MONTHLY SUPPORT AMOUNT The total monthly support amount is $398.00. EXTRAORDINARY HEALTH CARE EXPENSES: Father should pay 48 percent and mother should pay 52 percent of the extraordinary health care expenses. DETAILED INFORMATION ABOUT INCOME, EXPENSES AND ADJUSTMENTS IS ON THE NEXT PAGE. This recommendation was prepared using the October 2004 Support Formula & 2007 tax rates. PROGNOSTICATOR 21.0 - A product of Springfield Publications, in association with the Family Law Section of the State Bar of Michigan. This recommendation was printed on October 8, 2007. i 'r STATE OF MICHIGAN THE CIRCUIT COURT FOR THE COUNTY OF ANTRIM ANNALISA M. TOMLINSON Plaintiff -vs- ROBERT C. BARGY Defendant File No. 00-001205-TM INVESTIGATIONS AND RECOMMENDATIONS BY THE FRIEND OF THE COURT In accordance with an Order for an Administrative Review of Child Support the Plaintiff did provide the required information and the Defendant did not provide the required information, and after further review the following recommendations are made: ORIGINAL ORDER Type - Stipulated Order of Filiation, Support and Confinement expenses, Ottawa County Date - November 1997 Custody - with Plaintiff mother Parenting Time - reasonable Child Support - Defendant father to pay $14.00 per week for one child Health Care Provisions - equally shared MODIFICATIONS Date - April 1998 Modified - parties agreed that they will have joint legal custody, primary physical custody with Defendant father, specified parenting time with Plaintiff, no exchange of child support Date - October 1998 Modified - Plaintiff to pay $37.00 per week child support for one child Date - September 1999 Modified - Order transferring case to Antrim County Date - August 2000 Modified - Plaintiff to pay $20.00 per week child support Date - October 2000 Modified - Plaintiff to have specified parenting time, shared transportation Date - June 2006 Modified - parties agreed that Plaintiff would have temporary, primary physical custody for one year, no exchange of child support Date - September 2007 Modified - Plaintiff to have permanent, primary physical custody Review requested bx - Annalisa Tomlinson PLAINTIFF'S INFORMATION: Employment: Payless, retail Income: $546.40 average weekly gross Public Assistance: none Marital Status: single Other biological or legally adopted children living in the household: none Other support orders: yes, Wexford county, for one child Health Insurance Provider: United Health Care, Delta Dental, optical Page Two BARGY: Robert & Tomlinson, Annalisa 00-001205-TM (Plaintiffs Information Continued) Premiums to insure minor children: $310.66 per month for child's portion Child Care Expenses: none Educational Level: Trade School Graduate Disabilities: none DEFENDANT'S INFORMATION: Employment: Echosphere Income: $438.56 average weekly gross, imputed at minimum earning potential Public Assistance: none Marital Status: single Other biological or legally adopted children: two, one living in the household, one not Other support orders: none Health Insurance Provider: not reported Child Care Expenses: none Educational Level: High school graduate Disabilities: none DISCUSSION: The Plaintiff requested a review of child support. The parties' child has resided with the Plaintiff for more than one year and there has been no exchange of child support. The Plaintiff had to acquire health insurance for the child for which she has to pay a premium. The Plaintiff would like help with the child's expenses. The Plaintiff submitted the required paperwork. Her income is based on her current, hourly wage. She had begun a new job within the last few months and is earning more than she had in the past. The Defendant did not submit information for the review or respond in any way. His income is imputed, based on his minimum earning potential and wages acquired in an income query. This was is an average of his earnings in 2003, 2003 and 2004. It is noted that Mr. Bargy earned $39,172.00 in 2003. The amount indicated in the child support calculation will be recommended. It will begin November 1, 2007, which is the first of the month following the review. RECOMMENDATIONS: It is recommended that, effective October 1, 2007, Defendant Robert Bargy pay $303.00 per month child support and $95.00 per month health insurance premium for a total of $398.00 per month. Mr. Bargy will pay 48% of uninsured medical expenses and premiums. RESPECTFULLY SUBMITTED------------------------------------------ J e won ay, Case anager ctober,5, 2007 cc: R. Bargy A. Tomlinson MAILED: OCT 1 1 2007 GRAND TRAVERSE CO. FRIEND OF THE COURT THE CHILD SUPPORT PROGNOSTICATOR 2007 ROBERT BARGY / ANNALISA TOMLINSON Case No: 00-001205-TM TAX, INCOME, EXPENSE AND ADJUSTMENT INFORMATION FATHER MOTHER Tax Filing Status: SINGLE SINGLE Income Tax Exemptions Considered: 2 2 Annual Tax Deduction Amount: 5350 5350 Supplemental Child Tax Credit: 1000 1000 Additional Children: 2 1 Local Income Tax Percent: 0%- 0% *** AVERAGE WEEKLY INCOME *** Salary & Wages: 438.56 546.40 GROSS WEEKLY INCOME: $438.56 $546.40 GROSS MONTHLY INCOME: $1,907.74 $2,376.84 *** AVERAGE WEEKLY EXPENSES *** Social Security Tax: 27.19 33.87 Medicare Tax: 6.35 7.92 Federal Income Tax: 4.16 20.33 Michigan Income Tax: 12.02 16.22 Health Ins./Children: 0.00 69.77 TOTAL AVERAGE WEEKLY DEDUCTIONS: $49.72 $148.11 TOTAL AVERAGE MONTHLY DEDUCTIONS: $216.28 $644.28 TOTAL AVERAGE WEEKLY NET INCOME: $388.84 $398.29 TOTAL AVERAGE MONTHLY NET INCOME: $1,691.45 $1,732.56 ***OTHER ADJUSTMENTS*** Amount of other support orders: 0.00 0.00 Adjustment for other children: 61.82 41.42 Adjustment for stepchildren: 0.00 0.00 WEEKLY OTHER ADJUSTMENTS: $61.82 $41.42 MONTHLY OTHER ADJUSTMENTS: $268.92 $180.18 ADJUSTED WEEKLY NET INCOME: $327.02 $356.87 ADJUSTED MONTHLY NET INCOME: $1,422.53 $1,552.38 MONTHLY INCOME ADJUSTED FOR ALIMONY: $1,422.54 $1,552.38 Cost of Total Insurance Premium: 0.00 917.71 Adjustment for Payer's Portion: 0.00 310.66 Net Allocable Portion: 0.00 607.05 Number of Others Covered by Policy: 0 1 Number of Other Children Covered: 0 1 Adjusted Net Allocable Portion: 0.00 303.52 Max. Reasonable Monthly Health Ins. Cost: 95 119 This recommendation was prepared using the October 2004 Support Formula & 2007 tax rates. PROGNOSTICATOR 21.0 - A product of Springfield Publications, in association with the Family Law Section of the State Bar of Michigan. This recommendation was printed on October 8, 2007. RLL D-{.`L""dP nc Tr;r P'T' "'T'TARY 2CC91ICV -4 Pig 12'. 49 $11 5. 5p pb ?ATN CK.? 5318 a3aq?? ANNALISA M. TOMLINSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2009-7606 CIVIL ACTION LAW ROBERT C. BARGY 1N CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, November 10, 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 Thursday, December 10, 2009 at ,.9:00 AM for aPre-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 . 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 schedules 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 FORTE-I 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 - - , -• ~! _ .a ~.. Y ~~ C~~ m~~ L~l. ~ o t2 . ~ ~ Y ANNALISA M. TOMLINSON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2009-7606 CIVIL ACTION - LAW ROBERT C. BARGY Defendant IN CUSTODY ORDER OF COURT AND NOW, this .3 A4, day of 2011, _upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Annalisa M. Tomlinson, and the Father, Robert C. Bargy, shall have shared legal custody of Josephine E. Bargy, born February 7, 1997. Major decisions concerning the Child including, but not necessarily limited to, her 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 Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child for one-half of the summer school break every year and for the entire Christmas holiday break during alternating years, with the specific days to be arranged by agreement between the parties. 4. The parties shall share all costs of transportation for exchanges of custody as follows: In years when the Father has custody over the Christmas holiday break, one parent shall pay the total cost for roundtrip transportation for Christmas and the other parent shall pay for the entire roundtrip cost for exchanges of custody for the summer school break. In years when the Father does not have Christmas holiday custody, the parties shall equally share the costs of roundtrip transportation for the summer school break period of custody. When sharing costs, the parent who initially purchased the tickets shall provide the other parent with a receipt reflecting the payment, when requesting reimbursement. The parent from whom reimbursement is due shall make the payment within 14 days of the request therefor. The parties agree that if the Child is to be transported by car for the exchange of custody, the parties shall meet in Ohio to exchange custody at the halfway point between their residences. 5. The Father shall be entitled to have liberal reasonable telephone contact with the Child and the Mother shall encourage the Child to return the Father's telephone calls. 6. In the event the Father obtains legal counsel and believes it is necessary to review the custodial arrangements set forth in this Order, the Father's counsel may contact the conciliator within 60 days of the date of this Order to request the scheduling of a follow-up custody conciliation conference. 7. 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. 8. 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 TWCOURT, Edward W. cc: V, eanne B. Costopoulos, Esquire - Counsel for Mother Robert C. Bargy - Father Mai led O,OP' 0 J. ANNALISA M. TOMLINSON Plaintiff vs. ROBERT C. BARGY Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-7606 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 Josephine E. Bargy February 7, 1997 Mother 2. A custody conciliation conference was held on April 26, 2011, with the following individuals in attendance: the Mother, Annalisa M. Tomlinson, with her counsel, Jeanne B. Costopoulos, Esquire. The Father, Robert C. Bargy, resides in Michigan and participated in the conference by telephone. The Father is not represented by counsel. 3. The parties agreed to entry of an Order in the form as attached. A2!J 2 -7f do ti Date Dawn S. Sunday, Esquire Custody Conciliator ANNALISA M. TOMLINSON : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-7606 CIVIL ACTION - LAW ROBERT C. BARGY Defendant : IN CUSTODY - c.nr N o?' PETITION TO MODIFY CUSTODY = r? 1. Petitioner is Robert C. Bargy, who currently resides at 6745 Cairn Highway, evtwli ri Michigan 49648. 7 4. 5. Respondent is Annalisa M. Tomlinson who currently resides at 155 Salem Church Rd, Lot 66, Mechanicsburg, PA 17050 Petitioner and Respondent are the natural Parents of Josephine E. Bargy, born February 7, 1997. On May 3, 2011, the Honorable Edward W. Guido entered a Custody Order attached as Exhibit "A". Since the entry of said Order, there has been a significant change in circumstances in that: a) Respondent's former fiance Andre Louis Smith has been criminally charged, at docket number 2100-2011, with Rape, Involuntary deviate Sexual Intercourse, Aggravated Indecent Assault, Indecent Assault, Corruption of Minors, Unlawful Contact with a Minor and Endangering Welfare of a Child against Josephine E. Bargy, Child of the Parties. b) It is believed that the Child has been sexually assaulted by Andre Louis Smith since she was 9 years old, and Respondent knew about these criminal activities, - 90.60 PA Arty C4780q 9#a&39o* but never did anything to protect her daughter. c) Respondent and Andre Louis Smith Separated in October 2010, however Respondent continued to allow the Child to visit Andre alone at his residence. d) A conciliation conference was held on April 26, 2011, and respondent failed to mention that Andre Louis Smith engaged in said activities or that she knew about these criminal activities. e) Petitioner was unaware of these actions until June 2011, when he received numerous reports from the Cumberland County District Attorney's Office, PA Department of Welfare, Cumberland Children and Youth and Michigan Department of Human Services. t) It is unknown at this point whether Respondent will be criminally charged for withholding this information. 6. An Emergency Petition for Special Relief is being filed simultaneous to this Petition so that Petitioner may take the child back to Michigan. 7. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: a) Grant Petitioner sole Legal Custody of the Child. b) Grant Petitioner sole Physical Custody of the Child, or in the alternative, grant Petitioner Primary Physical Custody with Respondent receiving Supervised Partial Custody with a State Worker or her Father as supervisors. Respectfully submitted, ROMINGER & ASSOCIATES Date: %-Qq' 1 Robert A. Kulling, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 308874 Attorney for Petitioner ATTORNEY VERIFICATION Robert A, Kulling, states that he is the attorney for Robert C. Bargy, Petitioner in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: T" *?n2 Robert A. Kulling, Esquire ANNALISA M. TOMLINSON : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-7606 CIVIL ACTION - LAW ROBERT C. BARGY Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Robert A. Kulling do hereby certify that I this day served a copy of the within Petition to Modify Custody upon the following by depositing the same in the United States Mail, postage pre- paid, by first class mail and Facsimile, in Carlisle, Pennsylvania, addressed as follows: Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 VIA FACSIMILE: 717-591-9065 Annalisa M. Tomlinson 155 Salem Church Rd, Lot 66 Mechanicsburg, PA 17050 Date: S-X'11 Respectfully Submitted Rominger & Ass ciates T2 Robert A. Kulling, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717)241-6070 Supreme Court ID # 308874 Attorney for Petitioner ANNALISA M. TOMLINSON Plaintiff VS. ROBERT C. BARGY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 2009-7606 IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW N r ?C ?Rl cn o C' a T O r r ifT? 1? V + AND NOW, this day of A/ 2011, _lpon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Annalisa M. Tomlinson, and the Father, Robert C. Bargy, shall have shared legal custody of Josephine E. Bargy, born February 7, 1997. Major decisions concerning the Child including, but not necessarily limited to, her 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 Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child for one-half of the summer school break every year and for the entire Christmas holiday break during alternating years, with the specific days to be arranged by agreement between the parties. 4. The parties shall share all costs of transportation for exchanges of custody as follows: In years when the Father has custody over the Christmas holiday break, one parent shall pay the total cost for roundtrip transportation for Christmas and the other parent shall pay for the entire roundtrip cost for exchanges of custody for the summer school break. In years when the Father does not have Christmas holiday custody, the parties shall equally share the costs of roundtrip transportation for the summer school break period of custody. When sharing costs, the parent who initially purchased the tickets shall provide the other parent with a receipt reflecting the payment, when requesting reimbursement. The parent from whom reimbursement is due shall make the payment within 14 days of the request PETITIONER'S EXHIBIT A r therefor. The parties agree that if the Child is to be transported by car for the exchange of custody, the parties shall meet in Ohio to exchange custody at the halfway point between their residences. 5. The Father shall be entitled to have liberal reasonable telephone contact with the Child and the Mother shall encourage the Child to return the Father's telephone calls. 6. In the event the Father obtains legal counsel and believes it is necessary to review the custodial arrangements set forth in this Order, the Father's counsel may contact the conciliator within 60 days of the date of this Order to request the scheduling of a follow-up custody conciliation conference. 7. 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. 8. 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 OURT, Edward W. Oui o J. cc: ?eanne B. Costopoulos, Esquire - Counsel for Mother Robert C. Bargy - Father ?M i(? ANNALISA M. TOMLINSON Plaintiff V. ROBERT C. BARGY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL NIA NO. 2009-7606 CIVIL ACTION -<> to IN CUSTODY i• EMEGENCY PETITION FOR SPECIAL RELIEF NOW COMES, Petitioner, Robert C. Bargy, by and through his counsel, Robert A. Kulling, Esquire, and in support of his Emergency Petition for Special Relief avers as follows: 1. Petitioner is Robert C. Bargy, who currently resides at 6745 Cairn Highway, Kewadin, Michigan 49648. 2. Respondent is Annalisa M. Tomlinson who currently resides at 155 Salem Church Rd, Lot 66, Mechanicsburg, PA 17050 3. A Custody Order was issued on May 3, 2011 between Petitioner and Respondent, a copy of which is attached as Exhibit "A." 4. Your Petitioner is seeking primary physical custody of the minor child, Josephine E. Bargy, born February 7, 1997. 5. Your Petitioner is the child's biological Father. 6. Your petitioner believes and avers that the children are no longer safe living in Respondent's home. To wit, the Petitioner avers as follows: a. Respondent's former fiancde, namely Andre Louis Smith, has been charged with the following crimes against the victim and child of the parties, Josephine E. Bargy (Docket No. 2100-2011): Rape, Involuntary Deviate oQ --rc:) =-n a--n x? M 470.oo PO 1177-f r-, 78oq 0*o2&39DY Sexual Intercourse, Aggrivated Indecent Assault, Indecent Assault, Corruption of Minors, Unlawful Contact with a Minor, Endangering Welfare of a Child. b. It is believed that these actions happened as recently as April-May 2011. A conciliation conference was held between the parties on April 26, 2011, and Respondent failed to mention that her fiancee was either being criminally charged, investigated or that she knew that her fiancee was engaging in these criminal activities with the Child. c. Respondent and Andre Louis Smith separated in approximately October 2010, however Respondent continued to allow the Child to visit Andre at his residence. d. Petitioner was not aware of these actions until June 2011, when he received numerous reports from the Cumberland County District Attorney's Office, PA Department of Welfare, Cumberland Children and Youth and Michigan Department of Human Services. e. The Michigan Department of Human Services has alleged and confirmed maltreatment in respect to the Respondent, a copy of which is attached as Exhibit "B." f. Petitioner received a letter from the Pennsylvania Department of Public Welfare stating that the Child was abused and the status is indicated, a copy of which is attached as Exhibit "C." g. The Child has apparently been sexually assaulted by Andre Louis Smith since she was 9 years old, and Respondent knew about the incidents but did nothing to protect her daughter. h. It is unknown at this point whether Respondent will be criminally charged for withholding this information. 7. The Child has expressed, on numerous occasions, her desire to move back to Michigan with her father, and Petitioner is ready, willing and able to bring the Child back to Michigan. 8. Respondent's conduct has created an unsuitable environment, to which the Child's best interest would be best served by living primarily with Petitioner. 9. Petitioner prays this Court grant his requested relief. WHEREFORE, Your Petitioner respectfully requests that this Honorable Court grant a temporary order directing that the children remain at Petitioner's residence pending a hearing before the Court. Date: -1- aei - 11 Respectfully submitted, 5r; & ASSOCIATES, Robert . KulIing, squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 308874 Attorney for Petitioner ATTORNEY VERIFICATION Robert A, Kulling, states that he is the attorney for Robert C. Bargy, Petitioner in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: 7-'°Zcl _.. l ( 3R5 _ Robert A. Kulling, Esquire ANNALISA M. TOMLINSON Plaintiff V. ROBERT C. BARGY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-7606 CIVIL ACTION -- LAW IN CUSTODY CERTIFICATE OF SERVICE I, Robert A. Kulling do hereby certify that I this day served a copy of the within Emergency Petition for Special Relief upon the following by depositing the same in the United States Mail, postage pre-paid, by first class mail and Facsimile, in Carlisle, Pennsylvania, addressed as follows: Date: , Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 VIA FACSIMILE: 717-591-9065 Annalisa M. Tomlinson 155 Salem Church Rd, Lot 66 Mechanicsburg, PA 17050 Respectfully Submitted ROmiIIg & Ass fates Robert A. Kulling, squire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717)241-6070 Supreme Court ID # 308874 Attorney for Petitioner ANNALISA M. TOMLINSON Plaintiff vs. ROBERT C. BARGY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 2009-7606 IN CUSTODY CIVIL ACTION - LAW c_° o 'r7 rn CD cn 6 q - C C 1 ) o 71 ORDER OF COURT (? - ? art AND NOW, this day of 2011,__ pon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Annalisa M. Tomlinson, and the Father, Robert C. Bargy, shall have shared legal custody of Josephine E. Bargy, born February 7, 1997. Major decisions concerning the Child including, but not necessarily limited to, her 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 parry 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 Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child for one-half of the summer school break every year and for the entire Christmas holiday break during alternating years, with the specific days to be arranged by agreement between the parties. 4. The parties shall share all costs of transportation for exchanges of custody as follows: In years when the Father has custody over the Christmas holiday break, one parent shall pay the total cost for roundtrip transportation for Christmas and the other parent shall pay for the entire roundtrip cost for exchanges of custody for the summer school break. In years when the Father does not have Christmas holiday custody, the parties shall equally share the costs of roundtrip transportation for the summer school break period of custody. When sharing costs, the parent who initially purchased the tickets shall provide the other parent with a receipt reflecting the payment, when requesting reimbursement. The parent from whom reimbursement is due shall make the payment within 14 days of the request a PETITIONER'S W EXHIBIT J A F J J Q therefor. The parties agree that if the Child is to be transported by car for the exchange of custody, the parties shall meet in Ohio to exchange custody at the halfway point between their residences. 5. The Father shall be entitled to have liberal reasonable telephone contact with the Child and the Mother shall encourage the Child to return the Father's telephone calls. 6. In the event the Father obtains legal counsel and believes it is necessary to review the custodial arrangements set forth in this Order, the Father's counsel may contact the conciliator within 60 days of the date of this Order to request the scheduling of a follow-up custody conciliation conference. 7. 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. 8. 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 T ;;;URT, 4Edward W. Gui o J. cc: ?eanne B. Costopoulos, Esquire - Counsel for Mother ?M 1!? Robert C. Bargy - Father NOS - AuE,.25. 2011 4:43PM No. 9039 P. 3 RT 0 01 C HILDREN'S PROTECTIVE SERVICES , I INVESTIGATION REPORT r Department of Human Services of Michigan a PETITIONER'S Preponderance: PS Case Yes X0200965P W EXHIBIT Risk Level: Moderate J Log Number: 2836525 Case Name: Robert Bargy Complaint Date: 06/24/2011 6745 Cairn Highway a Address: Category: 111 Kewadin, MI 49648- Phone Number: (231) 264-9353 Load Number: 0500000306 Household Case Members: Name First Middle Last Relation Date of Birth a Sex Race Role Amer.Indtan Herilane Robert Bar Self 04/1311964 47 M 1 Other Josephine E Bargy Biological Child 02/07/1997 14 F I Victim No Non-Household Case Members, Name (First,_Middle, Last) Relation Date of Birth Age Sex Race Role Amer. Indlan "enlace Anna Lisa Tomlinson Non- 03/05/1975 36 F 1 Perpetrator Relative Address: 155 Salem Church Road Lot # 66 Mechanicsburg PA 17055 Phone Number: Name (First, Middle, Last) Relation Date of Birth Age Sex Race Role Amer. Indian Herilade Aleksandr L Bargy Non- 09/09/1993 17 M 1 Other No Relative Address: 4230 CASTLE RIDGE DR APT 210 GRAND RAPIDS MI 49508 Phone Number: (231) 264-9353 ALLEGATIONS Maltreatment(s): Sexual Abuse , Failure to Protect Neglect Confirmed Failure to Protect Neglect : JOSEPHINE BARGY Maltreatment(s): Comments: Josephine was being sexually abused by her mothers boyfriend, Andre Smith for 4 years. Annalisa knew this was going on and did nothing about it. Andre has wrote Josephine a letter stating he bought a new bed and would like to try it out with her. Annalisa knew about this letter along with Robert. Andre has been charged and trial is being held on July 20, 2011 and Josephine is the key witness in the trial, Josephine is currently in Michigan visiting her dad Robert until July 20,2011. Josephine does not want to live with her mom and wants to stay In Michigan. Josephine has been diagnosed with Post Traumatic Stress Disorder at a clinic in PA. Josephine has stated that she told her mom when she was 9 years old that Andre was sexually abusing her and she did not do anything about It. 2. CHILD WELFARE HISTORY of FAMILY TRENDS The family has a trend of improper supervision and physical abuse. In 2003, a case was substantiated because Robert's mother hit Alexander with a fly swatter and bruising was observed on Alexander's leg. In 2008, Andre Smith was found responsible for physical abuse on Terrill Cockeran, Annalisa's other child. This case was opened and closed because a safety plan was set up and Annalisa and Andre agreed to follow the plan. DHS-154 (SWSS 1012007) .. Aug. 25, 2011 4:44PM 3. SOCIAL WORK CONTACTS CASE INVESTIGATION No. 9039 P. 4 Date of Contact Person Contacted Type of Contact Contact Method 06/27/2011 Robert Bargy_ Case Member Phone 06/2712011 Emil PAO Collateral Phone 06/27/2011 Emil PAO Collateral Phone 06/27/2011 Emll PAO Collateral Phone 06/27/2011 Detective Co Collateral Phone 06/2812011 JOSEPHINE BARGY Case Member Face to Face 06/28/2011 Robert Bar Case Member Face to Face 06/29/2011 Chief Clay Collateral Documentation 07/05/2011 Chief Clay Collateral Documentation 07/12/2011 Justin Walker, CPS Penns Ivannia Collateral Phone 08/02/2011 Aleksandr Bar Case Member Phone 08/03/2011 Robert Bar Case Member Phone 08108/2011 Antrim Co central dispatch Collateral Phone 08/09/2011 Robert Bar Case Member Phone 08/09/2011 Justin Walker, CPS Penns Ivannia Collateral Phone INTERVIEWED YES NO IF NOT, WHY NOT ALL CARETAKERS ® ? ALLEGED VICTIM ® ? ALL SIBLINGS ® ? ALLEGED PERPETRATOR ? 4. VERIFICATION OF CHILD WELL-BEING THIS WORKER CONFIRMED THE WELL-BEING OF: Child's Name How? Date? Location? Whereabouts if not with caretaker? JOSEPHINE BARGY Face to Face 06/28/2011 Parental Home Aeeksandr Bargy phone Contact 08/02/2011 Department of Human Services 5. REQUIRED ASSESSMENT OF LAW ENFORCEMENT INFORMATION: Policy Requirement Sexual abuse referral. Reason: Criminal History Results: Robert Calvin Bargy- 1995- Misdemeanor Operating suspended failure to answer citation- pled guilty, 1998- Driving While License Suspended- Pled Guilty, 2006- Driving While License Suspended- Pled guilty, 2010- Operating Without license on person- Pled Guilty, 2005- Kalkaska Co Sheriff Misdemeanor Traffic Offense- No data received. Anna Llsa- No listed criminal history. Confirmed by (CHAT. 6. REQUIRED ASSESSMENT OF MEDICAL INFORMATION: Policy Requirement Suspected sexual abuse. Reason: Medical Exam Results: On 5111/2011 it states in the Hampden TWP pollee report that a rape kit was completed on Josephine. 7. SAFETY ASSESSMENT NARRATIVES: DHS•164 (SWSS larAo1) ' AuC. 25. 2011 4;44PM No. 9039 P. 5 Caretaker(s) failed to protect children from serious physical harm or threatened harm and perpetrator continues to have access, will likely have access or there are Indlvldual(s) living in, or Safety visiting the home on a regular basis, who pose a threat to safety of the child. Factor(s): Josephine states Andre told her mother when she was nine years or ten year old. Josephine said her mother was crying and said she could not believe Andre took her virginity. Annallsa then allowed Josephine to spend the night at his house and allowed Andre to come over to her house often, even after they had broken up. Josephine stated that her mom has asked her recently, if it started back up again and Josephine said she told her mom no. Safely Plan(s): Andre has been arrested and awaiting trial. Josephine's mother lives In PA and Is here in Michigan. 8. RISK ASSESSMENT NARRATIVES: Primary caretaker involved in harmful relationships? Robert states that Annalisa had reported that he was assaultive to her in the past. One or more Is true of a child In the home? Robert states that Josephine has been diagnosed with PTSD. 9. INVESTIGATIVE FINDINGS COMMENTS: 06127/20110 09:00 AM Successful Phone Contact - Robert Bargy Phone call to Robert SarpV. Mr. Bar4v said that he has been talking with Emily the prosecutor. He provided her phone number 717-240-6210. He said that Emily is concentrating more on the charges against Andre. Emily does know that Annalisa knew about Andre molesting her. Emily told Mr. 8 My said she is not sure if she is going to pursue charges on Annalisa at this point. 06127120110 09:10 AM Successful Phone Contact - Emily PAO Phone call to Prosecutor's Office in PA. A message was left for Emily who Is In charge of this case. She will be in court most of the morning. 06/27/2011011:33 AM Unsuccessful Phone Contact - Emily PAO Voicemail message left from her stating that she can be reached at 717-240-6210. 06127120110 03:00 PM Successful Phone Contact - Emily PAO Phone call back to Emily. She said that they are aware that Annallsa knew this was going on and did not protect her. She said they still may charge he, but a decision has not been made. She was asked what the plan for Josephine was and if CPS has been contacted in their state. She said she does not know. She said that Detective Coy would know more information and she can be reached at 717-761-2609. 06127/20110 03:04 PM Unsuccessful Phone Contact - Detective Coy Left a message for her to call back regarding this complaint. She will not be in the office until noon tomorrow. 0612812011@ 02:30 PM Successful Face to Face Contact - JOSEPHINE BARGY, Robert Bargy Josephine was interviewed at her father's home, 6745 Cairn Highway in Kewadln Michigan. Josephine was Interviewed according to the forensic interview protocol. Josephine was 14 years old and could dislingulsh between truth and lie. She has long, wavy brown hair and blue eyes. Josephine appeared to be upset throughout the interview and was crying at times. Josephine thought the worker was from family based therapy when they arrived. Josephine stated that she did OHS-164 (SWSS 1012001) AuF. 25. 2011 4,45PM No. 9039 P. 6 not want to go back to Pennsylvania because she was worried that she might kill her mother. She said her mother yells at her for the littlest things and she feels like her mother Is never on her side. Josephine said she has been staying with her father for the past week, along with her cat Tux. She sold that her mother made her feel like her dad, Robert, might sexually touch her and told her "if he got you pregnant the baby would be stupid". Josephine told the workers that she believed her mother because of Andre. Josephine stated that when she was 9 or 10 years old, her mother's boyfriend at the time, Andre, sexual assaulted her while she was asleep. Josephine said that Andre told her mother about the Incident and her mother became very upset and was crying. She quoted her mother saying to Andre, "I can't believe you took my daughter's virginity". When the worker asked Josephine about the case and If she thought her mother should be criminally charged, she said Detective Coy In Pennsylvania told her about the charges and she feels like her mother's life has been punished enough. The worker asked Josephine If her mother knew about any other abuse by Andre. She said that her mother asked her if it had started back up again with Andre and Josephine told her no. Josephine told the worker that she thought her mom would disown her If she knew anything was going on. Josephine said her mother had been smoking marijuana again up until January 2011 and stopped because of her new boyfriend. Josephine told the worker that her mother's new boyfriend was "too nice" and that he always was threatening to leave. She sold she felt safer living at her father's house. Josephine told the worker that she was scared until Ms. Kathy called her. She said her mother was cheating on Andre. Josephine said when her mother would get mad at her, she would send her to the comer. When the worker asked Josephine if there was any physical discipline in the house her response was, "I laugh at pain". Josephine stated that her mother and Andre broke up last October and he moved into an apartment. She told the worker that he would still come and visit them at her mother's house. Josephine feels like her mother has betrayed her and her brother Terril for their entire life. She said she always felt trapped In her mother's house. When the worker asked how the police became Involved, she told her that her mother's flance caught her and Andre In her bedroom and Andre was zipping up his pants, then her mother called the police. Josephine said that Andre was 29 years old. Josephine appeared to be upset when she told the worker that her mother had not even called her since she arrived at her father's house. The worker asked Josephine If she was scared of Andre and she said no. Josephine said she was more worried about her mother finding Andre and killing him. The worker asked Josephine why she thought her mother didn't feel the same way when the abuse first started and she was told about it. Josephine said that her moiher loved Andre at that time and now she has a new boyfriend. Josephine told the worker that she had been tested for STD's and the results were negative. Josephine stated that she became very angry with her mother when she found out that she had been smoking marijuana again. She said she felt like she failed her brother because she was suppose to make sure that their mother did not use drugs again. She told the worker that her brother was breaking tears because he does not want their mother to die. Josephine stated that she really cared for her brothers. Josephine said she was hying to keep the relationship with Andre secret from her mother, but Josephine thought her mother knew because she would always look at her with a disgusted look on her face. Josephine told the workers that her mother was dating Andre for about six years and they broke up over the phone when Andre thought her mother was cheating on him. Josephine told the workers that the sexual abuse with Andre stopped around the time of her 101h birthday. She said about a year later she realized (hat she was "addicted" to it and asked Andre to be with her sexually. Josephine told the worker that she was very ashamed of herself because she knew it was wrong, but she wanted to be with him. Josephine said that her mother has a bad hip and it Is hard for her to get around the house, so she helped with a lot of the cooking and cleaning at home. Josephine told the worker that when she got sick her mother would buy her soup, The worker asked Josephine if she thought her mother loved her and she said, "she loves me, but I don't believe It". Josephine said she is happy to be at her father's house and feels safe. She said she remembers the letter that Andre wrote her a couple years ago and that it mentioned something about him buying a new bed, but she does not remember any other details in the letter. When asked how she felt about Andre being In trouble Josephine said, I just hope he's alive. The worker asked Josephine if she would like to be in a relationship with Andre and she said It would be best If she was not, but she would like to. She told the worker that if they were in a relationship that it would be looked down on. Josephine said she had been seeing a counselor back in Pennsylvania and she was diagnosed with Post Traumatic Stress Disorder and prescribed Prozac. Josephine told the worker that she has not had sexual intercourse with anyone other than Andre. Josephine told the worker that she would be willing to see a therapist in Michigan and that she does not want to go back to her mother's house. Josephine said that she has several friends In the area and plans on going to the beach and playing games while she is staying with her father this summer. She told the worker that she has been helping out around the house and on the farm doing gardening. Josephine told the worker several times that she does not want to return to her mother's house DHS-154 (SWSS 10/2007) 4 • Auk 25. 2011 4:45PM No. 90.39 P. 1 and that she wants to attend school in Elk Rapids. She said she has lost three grandmothers in the last 18 months and has not attended Elk Rapids schools since the 3rd grade. The worker asked Josephine if there was any other reason why she thought her mother knew about her relationship with Andre. Josephine stated that her mother noticed that Andre was putting some distance between himself and her mother. She said when she wanted to get away from her mother's house, that she would spend the night at Andre's apartment and her mother knew about it. Robert was Interviewed outside the residence. Robert said that he does not want to take her back home because of all this. Robert said he has contacted an attorney and he wants the CPS report. Robert was explained that he could get a copy once It Is completed. Robert was explained the process. Robert was asked if he was affiliated with any Native American Iribe. He said no. Robert denied mental Illness and substance abuse. He said that he was in the military. Robert was asked about domestic violence. Robert said that years ago, Anna accused him of assault, but it was a lie. He said that CPS was called too down in Kent county. 06/29/2011(x310:00 AM Successful Documentation Contact - Chief Clay Faxed a letter to Chief Clay requesting the police report, 07/05/2011@ 09:00 AM Successful Documentation Contact - Chief Clay Police report was received from Hampden Township PA. 230 South Sporting Hill Road Mechanicsburg, PA 17050 Work: (717) 761-2609 Fax: (717) 761-0753 Henry K. Clay, Jr., Chief Original report completed by Officer Stolley. On 5/1112011 at 0019hrs, I received a call via radio from Cumberland County Communications reference an ex- boyfriend, Andre Louis Smith, " messing around". with the daughter of the complainant, Annallsa Tomlinson. I was advised the daughters age is 14 years old. Tory Smith advised that between the hours of 2100-2200 on 5/10/11, he walked back to the hallway of the trailer towards Josephine Bargy's room DOB 217/1997. Bargy was to be In her bedroom watching "Glee". with an Andre Louis Smith, a 29 year old black male. Tory advised the door to Bargy's room was cracked open and Inside he observed Bargy kneeling "doggy style" on her bed. He advised that Andre Smith was standing behind her making thrusting motions. Tory stated that Bargy was sweaty. Tory reported that he entered the room and both Bargy and Andre quickly pulled their pants up. Tory reported that Andre had his back to him and was making motions like he was buttoning his pants. Bargy was observed to be pulling up her pants. Tory woke up Bargy's mother, Tomlinson and advised her of what happened. Tomlinson then contacted the police. Tomlinson sold that Andre Smith us an ex-boyfrlend of hers. She advised they lived together (Including Bargy) for two years until last fall- Tomlinson said that she and Andre are still friends. She also advised that Bargy spends the night at Andre Smith's home sometimes and he is frequently over at Tomlinson's home. Tomlinson was very agitated and her voice was raised. She stated several times that she was extremely angry. I asked Tomlinson if she would allow me to speak to her daughter. Tomlinson said she herself was raped before and that it was fine for me to talk with her daughter. She then said she was going to take her daughter to Holy Spirit Hospital for a rape kit. Bargy followed Tomlinson sleepily up the hallway to the living room where I was. Bargy was wearing dark shirt and Sponge Bob Square pants shorts. She was asked about what happened between her and Andre. She Initially sold nothing. Bargy was reluctant to talk tome. Tomlinson then scolded her daughter about lying to a police officer. Bargy did state that she had sex with Andre after her mother made that comment. OHS-164 (SWSS 1012007) AuE. 25. 2011 4:46PM No, 9089 P. 8 Tomlinson was Interviewed and she stated that she was thinking about when she first spoke to 8amyabout Andre confessing to kissing her. She advised she was crying and upset because S&W had got her menstrual period. Tomlinson said she was upset because she thought Andre may have caused it and was upset. She was also upset because Bargy was growing up. She advised she also believed that Bargy was ten years old at the time, not nine years old. Andre Smith was arrested and did not wish to speak to police. 0711212011@ 02:37 PM Successful Phone Contact - Justin Walker, CPS Pennsylvannis Phone call to Justin Walker with Cumberland County Children and Youth Services. He is currently investigating the sexual abuse of Josephine and whether or not the mother knew about it. Mr. Walker stated that he is not sure of what took place because Josephine has told different stories and has not been forthcoming on all the information. He stated that he would like a copy of this workers Interview with Josephine if possible. 0810212011@ 01:00 PM Successful Phone Contact - Aleksandr Bargy Phone call from Aleksandr. He lives in California with his mother Michelle. He states he attends school and will be a senior. He has not visited his dad since last Christmas. Aleksandr provided his address as: 220 Lincoln Ave Bakersfield, CA and phone number 661-679-4080. 0810312011@ 03:04 PM Successful Phone Contact - Robert Bargy Phone call from Robert Bargy. He states Anna keeps calling him and saying she wants Josephine back in PA and arguing with him about it. He was asked If there was a FOC (hat this worker could contact. He said he does not know. He said the custody order Is out of PA, but Julie Conway does their finances so he will call her and see if she can give him some direction. Robert said he has talked to an attorney about filing an ex part order. He requested a copy of the CPS report ASAP. He said that Josephine has told him that her mom better let her stay or she will never see her again. Robert said that Josephine does not want to go back. He said that Dr. Hayes office diagnosed her with PTSD and recommends that Josephine stay with him. 081081201 IQ 10:15 AM Successful Phone Contact - Antrim Co central dispatch Phone call to Antrim County central dispatch. Dispatcher Tom stated that on August 5th around 5:00 p m. Robert was arrested by Deputy Cal Smith and Josephine was evaluated by Community Mental Health because she was suicidal. 08/09/2011@ 08:30 AM Successful Phone Contact - Robert Bargy PC to Robert SaW. He said he was arrested on an old warrant and Anna picked up Josephine Friday night. He said that they set it up because Anna's grandmother called and said she wanted to spend time with her. Robert said that the warrant was an old child support warrant and he never should have been arrested. Robert said that Josephine was saying she did not want to go with her mom. Robert said Josephine was saying that she hated her mom and that she did not want to live anymore If she had to leave with her mom. Robert said that she was evaluated by someone and released, but not sure who because he was in jail. Robert said that he did try to ask the officer to call CPS before they let Josephine go with her mother, but the officer told her he did not have to call anyone. Robert said that this Is all Bean's doing (meaning Sheriff Bean). Robert said that he might sue the sheriff 08109/2011@ 10:26 AM Successful Phone Contact - Justin Walker, CPS Pennsylvannia Phone call to CPS worker Justin Walker. He was explained that Josephine is back living with her mom and explained what took place on Friday. He stated that he indicated child sexual abuse on Andre Smith In his report, but closed his report because the dad said he was going to keep her In Michigan. He said that he will have to see what needs to happen now that she is back In PA. He was asked If he would like a copy of the report. He provided his fax number as 717-240-6433. OHS-154 (SwSS 1012007) Auk, 25. 2011 4:46PM No. 9039 P, 9 10. DISPOSITIONAL FINDINGS: There is sufficient evidence to support that Anna Lisa failed to protect her daughter Josephine from sexual abuse by Andre Smith. Josephine states that when she was 9 years old Andre Smith had sexually abused her and her mother knew about It. Josephine stated that her mom was crying and said " I can't believe he took your virginity". Anna Lisa was interviewed by Hampden Township pollee In the State of Pennsylvania. Anna Lisa told police that when Josephine was 9 years old, Andre had confessed to her that he had kissed Josephine and (hat was all. Anna Lisa told police since that time, she had asked Andre on numerous occasions If her daughter was still a virgin. Anna Lisa stated that Andre was her live in boyfriend until October 23, 2011. Anna Lisa stated that since Andre moved out in October 2010, Andre continued to have regular visits with Josephine. Josephine came to visit her father, Robert Bargy for visitations and does not want to go back home. Josephine has stated she felt like hurting her mother or herself when she Is back home with her mother. Josephine has stated that she feels safe with her father. On August 5, 2011, Anna Lisa came to his residence escorted by the Antrim County Sheriff's Department. Robert was arrested for a child support warrant and taken to jail. Josephine made some statements regarding suicide so she was taken In for an evaluation and released to her mother, Anna Lisa. Josephine Is currently back In the State of Pennslyvannla. This report will be forwarded to Justin Walker with Child Protective Services In Cumberland County, PA. Anna Lisa is listed as the perpetrator of failure protect towards her daughter Josephine. Josephine is listed as the victim. Pennsylvania Child Hotline for child abuse and neglect was contacted and new complaint was made regarding these allegations. This case will be opened and closed, due to Josephine residing back with her mother. WORKER SIGNATURE AND DATE Disposition Date 08/12/2011 SUPERVISOR SIGNATURE AND DATE Disposition Review Date 08118/2011 CONFIDENTIAL "The confidentiality of information in this document Is protected by the Michigan Child Protection Law. Anyone who violates this protection is guilty of a misdemeanor and Is civilly liable for damages. (Act No. 238, Public Acts of 1975, as amended, being sections 722.621-722.636, Michigan Compiled Laws, Sections 7 and 13.)" Department of Human Services (OHS) vNll not discriminate against any individual or group because of race, sex religion, age, national origin, color, height, weight, marital status, political beliefs or disability. If you need help with reading, writing, hearing, etc., under the Americans vdlh Dlsabllllles Acl, you are invited to make your needs known to a DHS office in your area. OFISA51 (SwSS 1012007) OFFICE OF CHILDREN, YOUTH & FAMILIES COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE HARRISBURG, PENNSYLVANIA 17120 Mailing Date July 25, 2011 ROBERT BARGY 6745 CAIRN HIGHWAY KEWADIN MI 49648 DEAR MR. BARGY : CHILDLINE & ABUSE REGISTRY DEPARTMENT OF PUBLIC WELFARE HILLCREST, 2ND FLOOR P.O. BOX 2675 HARRISBURG, PA 17105-2675 TELEPHONE NO. (717) T63-1964 Child : JOSEPHINE BARGY Report No : 210008612 Status : INDICATED Agency : CUMBERLAND COUNTY CYA A report of suspected abuse involving the above named child was investigated by the agency listed above. The status is Indicated. This means the agency determined that the child was abused. The report will remain on file in the state and county offices until 23 years after the child's birth. At that time, the report will be expunged. However, the information on the perpetrator will remain on file indefinitely if the social security number or date of birth is known, You are listed on the report as the Father. You may have the right to receive services, which are intended to prevent further abuse or neglect, through the county children and youth agency. You also have the right to receive a copy of the report by writing to that agency or this office. Please refer to the report number listed above when making your request. Should your address change before the child becomes age 23, please inform this office. If you have questions about your rights, involvement in the report, or this letter; we suggest you contact the investigating agency at (717) 240-6120. Esta carta contiene informacion que es importante para usted sobre sus derechos bajo la Ley de Servicios para la Proteccion de nino. Si usted es nombrado como el perpetrador del abuso en este reporte, esto va a afectar su oportunidad de obtener empleo en agencia o programa para cuido de nino y en escuela publica o privada. Copia de este carta es disponible en espanol. Par favor pongase en contacto con nosotros tan pronto como le sea posible a la direccion mecionada arriba. Issued by : Childline & Abuse Registry letter5 a PETITIONER'S W EXHIBIT F \v 3 ANNALISA M. TOMLINSON Plaintiff V. ROBERT C. BARGY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-7606 CIVIL ACTION - LAW : IN CUSTODY S? ORDER OF COURT AND NOW, this 3? Tay of A uG , 2011, upon consideration of the within Empr ncy Petition or Special Relief, die P m- Tama arV er, s gidamma and a laampill Uay Ul n e '0 ov CAI By the court: J. Distribution: ;/ Robert A. Kulling, Esquire Rominger & Associates -, 155 South Hanover Street c Carlisle, PA 17013 -4? _ -n l? Jeanne B. CostoPoulos Esquire r v?9 -I _ -urn ' ra 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 2© 3-n n ?? OD -sue" ANNALISA M. 'rOMLINSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA i'? r-? r_ --r•1 V. 2009-7606 CIVIL ACTION LAW rn i T ' ROBERT C. BARGY -" r < > IN CUSTODY ='°'ry+ - DEFENDANT R`'? ? r ' r . t ORDER OF COURT AND NOW, _ Thursday, Se ptember 01, 2011 __, upon consideration of the attached Comp laint, 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, September 27, 2011 at 9:00 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/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 •?? /? ? ????? Telephone (717) 249-3166 ??? ,yI /??? ? ?'OS ovLoS ??p?N ??'" 9/111/ ilc ANNALISA M. TOMLINSON, Plaintiff V. ROBERT C. BARGY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-7606 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 9th day of September, 2011, it appearing that the parties are unable to reach an agreement, a hearing on the merits is scheduled for November 1, 2011, at 9:15 a.m. Pending said hearing, the Order of May 3, 2011, shall remain in full force and effect. The parties are directed to file pretrial memorandum by October 26, 2011, setting forth their proposed witnesses as well as a summary of the substance of their testimony. The conciliation conference scheduled for September 27, 2011, is cancelled. By the Court, Edward E. Guido, J. P'7l CSJ C.7 ,? .:? ? Jeanne B. Costopoulos, Esquire - Z CM M ?- Attorney for Plaintiff M <> CS Robert A. Kulling, Esquire MPies r? ?• x ; Attorney for Defendant T ???oKb za T V Jessica Holst, Esquire h MidPenn Legal Services --? ?? ? Dawn Sunday, Conciliator Court Administrator srs ANNALISA M. TOMLINSON Plaintiff vs. ROBERT C. BARGY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-7606 CIVIL ACTION - LAW Defendant IN CUSTODY ti' ^a` MW cn zm rn N -M? C ORDER AND NOW, this 15th day of September, 201 l , the conciliator, having been advised by counsel that the Court has scheduled a hearing date in this matter without the need hereby relinquishes jurisdiction. The custody conciliation conference scheduled for Set conciliation, p 2011 at 9:00 a.m. is canceled. p ember 27, FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator r ANNALISA M. TOMLINSON : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA , . _, . _, NO. 2009-W CIVIL ACTION - LAS': - V =, . BARGY ROBERT C N . Defendant : IN CUSTODY Y ° _N ORDER OF COURT AND NOW, this 016 day of 2011, upon consideration of the within Motion to Continue Custody Trial, the Motion is granted and the sate ut-ts directed ay of , 2011 at 41 o'clock ,m. at to appear on the 3 dA .30 the Cumberland County Courthouse in H -"-J- Pennsylvania. li?k By the Court: J. Distribution: Robert A. Kulling, Esquire ROMINGER & ASSOCIATES _i 155 South Hanover Street Carlisle, PA 17013 00 / Jessica Holst, Esquire J MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 3 ANNALISA M. TOMLINSON, : IN THE COURT OF COMMON PLEAS QF, Plaintiff : CUMBERLAND COUNTY, PENNSYLV~IIA'- _ v. : NO. 09-764CIVIL TERM ROBERT C. BARGY, Defendant : CUSTODY ~ - : . -77 MOTION FOR CONTINUANCE Plaintiff, Annalisa M. Tomlinson, by and through her attorneys, MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. This matter was originally scheduled, by Order of Judge Edward E. Guido, for a hearing on November 1, 2011 at 9:15 a.m. 2. On October 18, 2011, Counsel for Defendant filed a motion to continue this matter to another date. 3. By Order of Court entered on October 20, 2011 by Judge Edward E. Guido, rescheduled the custody hearing in this matter to January 13, 2012 at 9:30 a.m. 4. Counsel for Plaintiff is scheduled to be out of the office from January 12, 2012 until January 20, 2012 and is unavailable for hearing on January 13, 2012. 5. Counsel for Defendant does not object to the request for a further continuance of this matter. . WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule the hearing in this matter. Respectfully Submitted, ess o Holst, Esquire Midenn Legal Services 401 East Louther Street Carlisle, PA 17013 . ANNALISA M. TOMLINSON, : 1N THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COLTNTY, PENNSYLVANIA v. ; : NO. 09-760 CIVIL TERM ROBERT C. BARGY, ; Defendant : CUSTODY CERTIFICATE OF SERVICE I, Jessica C.D. Holst, Esquire, attorney for Plaintiff, do hereby certify that I served a copy of the Motion for Continuance upon the following by USPS 1 St Class Mail: Robert A. Kulling, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Respectfully Submitted, MidPenn Legal Services + Je ica C. . Holst, Esquire 401 East Louther Street Suite 103 Carlisle, PA 17013 (717) 243-9400 Supreme Court ID # 82214 Attorney for Plaintiff ANNALISA M. TOMLINSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-76C6CIVIL TERM ROBERT C. BARGY, M- Defendant CUSTODY ORDER FOR CONTINUANCE =T <<W' AND NOW, this day of October, 2011, upon consideration of the attacd Motion for Continuance, the matter scheduled for hearing on January 13, 2012 at 9:30 a.m. by this Court's Order of October 20, 2011, is hereby rescheduled for hearing on at 30 A.m. in Courtroom No. 3 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. By Edward E. Guido, Judge Distribution: Jessica Holst, Esquire, MidPenn Legal Services, 401 East Louther Street, Carlisle, PA 17013 v' Robert A. Kulling, Esquire, Rominger & Associates, 155 South Hanover Street, Carlisle, PA 17013 Cop o a, J 41 ANNALISA M. TOMLINSON Plaintiff V. ROBERT C. BARGY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-760 CIVIL ACTION - LAW c IN CUSTODY =rn MOTION TO CONTINUE TRIAL NOW COMES, Petitioner, Robert C. Bargy, by and through his counsel, Robert A. Kulling, Esquire, and in support of his Motion to Continue Trial avers as follows: 1. Petitioner is Robert C. Bargy, who currently resides at 6745 Cairn Highway, Kewadin, Michigan 49648. 2. Respondent is Annalisa M. Tomlinson who currently resides at 155 Salem Church Rd, Lot 66, Mechanicsburg, PA 17050. 3. A Custody Trial is currently scheduled for Monday, February 6, 2012, at 9:30 a.m. 4. The child in this matter has agreed to meet with counsel on both sides to discuss her intentions, which may be a determining factor in this case. 5. The parties are close to a settlement and are requesting more time to conclude this matter. I°r'3 -- r.. 7 C. 6. Opposing counsel has been contacted and she concurs with this request. WHEREFORE, Your Petitioner respectfully requests that this Honorable Court grant a continuance of the Trial and reschedule the same to the next term of Civil Court. Date: 1^ V- (40- Respectfully submitted, ROMINGER & ASSOCIATES, 16& Robert A. Kulling, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 308874 Attorney for Petitioner ANNALISA M. TOMLINSON Plaintiff V. ROBERT C. BARGY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-7606 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Robert A. Kulling do hereby certify that I served a copy of the within Motion to Continue Trial upon the following by depositing the same in the United States Mail, postage pre- paid, by first class mail and Facsimile, in Carlisle, Pennsylvania, addressed as follows: Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 Date: January 31, 2012 Respectfully Submitted Rominge • Associates Robert A. Kulling, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717)241-6070 Supreme Court ID # 308874 Attorney for Petitioner ANNALISA M. TOMLINSON : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-7606 CIVIL ACTION - LAW ROBERT C. BARGY Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 3 s day of VA AI LIA 2 , 2012, upon consideration of the within Motion to Continue Trial, and a?heearing will be held on the day of ft? , 2012 in Courtroom # 3 at ' ?b'clock A m. at the Cumberland County Courthouse. By the court: Robert A. Kulling, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 Cor;e-?' M(A. led 0- i P4-1? J. M m r C; .C C--' ?' i .1 ANNALISA TOMLINSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT C. BARGY, NO. 2009 - 7606 CIVIL ACTION Defendant ORDER OF COURT AND NOW, this 5TH day of MARCH, 2012, the hearing scheduled for Friday, March 9, 2012, at 9:15 a.m. is rescheduled to FRIDAY, APRIL 27, 2012, at 9:15 a.m. in Courtroom # 3. ? Robert A. Kulling, Esquire B4thep Edward E. Guido, J. ? Jessica Holst, Esquire :sldFi['S C/ 3ll??I ey t C 7 t^-3 t . rri ', ' r 7 ; d Z C. w c ;;--- ANNALISA M. TOMLINSON, Plaintiff V. ROBERT C. BARGY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7606 CIVIL TERM CUSTODY nip T1FR AND NOW, this 1&$ ay of MA "L , 2012, upon consideration of the attached STIPULATION FOR ENTRY OF CUSTODY ORDER, it is hereby ordered that the terms and conditions of the stipulation are hereby made an order of this Court. _ c ( 1 Cyr N C ????-' By the Court, A ; 2 C: --? O --? rv Edward E. Guido, Judge Distribution: ? Jessica Holst, Esquire, MidPenn Legal Services, 401 East Louther Street, Carlisle, PA 17013 1? Robert A. Kulling, Esquire, Rominger & Associates, 155 South Hanover Street, Carlisle, PA 17013 C'op'e is PA-a- I to! q ka fb ;)- RIV-t