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HomeMy WebLinkAbout05-28960.5 -?2 89? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-JV-0234-2004 IN THE MATTER OF COLLYN BARTON, born May 8, 1996 IN THE MATTER OF DARRYN BARTON, born December 6, 1998 ORDER OF COURT AND NOW, this 27th day of May, 2005, the Court Administrator is directed to file our order dated January 12, 2005, at CP-21-JV-0234-2004 regarding Collyn Barton and Darryn Barton to a custody docket in the Prothonotary's Office to be captioned Scott Barton vs. Belinda Barton. Filing fees are waived. B? Edward E. Guido, J. Lindsay Dare Baird, Esquire For CCC&YS Jacqueline M. Verney, Esquire G.A.L. for Children Maggi E. Colwell, Esquire For Father Belinda Barton 198 Black Gap Road, Lot 134 Fayetteville, PA 17222 Mother, Pro se Juvenile Probation CCC&YS CASA Court Administrator Prothonotary srs r-: no Ca) To Y ens e? ' " O Peon cuSIma 05 A85 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-JV-0234-2004 IN THE MATTER OF COLLYN BARTON, born May 8, 1996 IN THE MATTER OF DARRYN BARTON, born December 6, 1998 ORDER OF COURT. AND NOW, this 27th day of May, 2005, after hearing, we reaffirm primary physical custody of the children in their Father subject to periods of partial physical custody in the Mother as the parties shall agree. The parties shall have shared legal custody of their children, Collyn Barton, born May 8, 1996, and Darryn Barton, born December 6, 1998. Mother shall have partial physical custody in the summer of 2005 from 9:30 a.m. today until 9:00 a.m. on August 1, 2005. During her periods of partial physical custody, Mother shall cooperate with the Cumberland Children and Youth Agency so that they may supervise her care of these children as they are her other two children. The following specific conditions shall be obeyed: 1. The children are not to be alone with her paramour, Kenneth Hershey, under any circumstances whatsoever. 2. Mother shall assure that nobody talks to these children regarding the custodial arrangements. If the parties are unable to agree on any period of partial physical custody in the future, this matter shall proceed through conciliation and then to hearing if necessary. The Mother shall make the children available on Wednesdays between 7:30 p.m. and 9:30 p.m. Eastern Time to receive telephone calls from their Father. The appointment of Mrs. Verney as G.A.L. is vacated. Lindsay Dare Baird, Esquire For CCC&YS Jacqueline M. Verney, Esquire G.A.L. for Children Maggi E. Colwell, Esquire For the Father Belinda Barton 198 Black Gap Road, Lot 134 Fayetteville, PA 17222 Mother, Pro se Juvenile Probation CCC&YS CASA Court Administrator Prothonotary srs t r . ? W CD r MAY 2 9 2008 BELINDA BARTON, Plaintiff V. SCOTT BARTON, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-2896 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this a day of ) 0088,, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. This Order is entered pursJ?jma?nt to a Custod Conciliation Conference. A Custody Hearing is hereby sc eduled on the 41V* day of 2008 at 9.30 am/pm in Courtroom number,? in the Cumberland County ourt of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. The issue to be addressed is whether or not it is appropriate for Father to financially assist Mother with her transportation expenses. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda s 1 be filed at least five days prior to the hearing date. Fs^ 2. The Order of Court dated J 18, 2008 hall rem in ful force and effect with the following modification: In regard to paragraph 4 of the Order dated January 18, 2008, Custody Exchanges: The Mother and Father shall share the transportation obligations for the custody exchanges. The exchange location shall be at the Wal-Mart in Indianapolis, Indiana no later than 7:00 pm (EST) on a Saturday, unless otherwise mutually agreed upon. Indianapolis is approximately the half-way point between Mother and Father's residences. Father shall be obligated to pay his expenses related to dropping off/picking up the Children in Indianapolis and Mother shall be obligated to pay her expenses related to dropping off/picking up the Children in Indianapolis. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. B e Court, o$ J. S0 ?Z Wd 6- NAf ;dtX???tt JO ,Distribution: Megan Riesmeyer, Esq. off Barton, 511 Combs Avenue, Huntsville, AR 72740 John J. Mangan, Esq. corksm ? 1 Ler-c ?/4/dg BELINDA BARTON, Plaintiff V. SCOTT BARTON, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-2896 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Collyn Barton 5/8/1996 Father Darryn Barton 12/6/1998 Father 2. A Conciliation Conference was held with regard to this matter on January 7, 2008 with the following individuals in attendance: The Mother, Belinda Barton, with her counsel, Megan Riesmeyer, Esq. and Scott Weber, Certified Legal Intern The Father, Scott Barton, pro se An Order of Court was entered on January 18, 2008 by agreement. 3. The Honorable Edward E. Guido entered an Order of Court dated May 27, 2005 awarding Father primary physical custody of the subject Children subject to Mother's partial physical custody. Said Order was issued under the juvenile dependency docket number CP-21-JV- 0234-2004 and subsequently transferred to a civil custody docket number 05-2896. 4. The undersigned Custody Conciliator has been contacted regarding a clarification of the Order of Court dated January 18, 2008, specifically paragraph 4, pertaining to Father forwarding a sum of $250.00 to Mother prior to the custody exchanges. 5. Father and the subject Children live in Huntsville, Arkansas and Mother lives in Cumberland County, Pennsylvania. The distance between their respective residences is 1,091.73 miles and driving time is approximately 17 hours and 41 minutes. At the present time, the established exchange location is Indianapolis, IN. The distance from Father's residence to Indianapolis is 561.99 miles and the driving time is approximately 9 hours. The distance from Mother's residence to Indianapolis is 528.04 miles and the driving time is approximately 8 hours and 43 minutes. Paternal grandparents also reside in Indianapolis and visit with the Children during the exchanges. At the last custody conference, the parties agreed to share transportation obligations. However, Mother indicated that she did not have the funds to travel to the exchange point. Father indicated that he would assist Mother by forwarding $250.00 to her prior to her departure so that she could pick up the Children. Apparently this was done by Father for the Easter exchange in 2008. The Children's summer vacation is approaching and the issue of the appropriateness of Father forwarding money to Mother for the exchanges has been brought to the undersigned's attention. Alternative options have been explored including airfare, buses and trains without success. 6. Father's position is that he is already bearing the financial and time obligations transporting the Children to Indianapolis, which is slightly more than Mother's obligations to Indianapolis. Father asserts that he is willing to share the transportation for the exchanges but asserts that it is not appropriate for him to financially assist Mother in regard to her obligations to pick up the Children. Father indicates that he does not have ready resources to financially assist Mother with the exchanges. Father does not oppose said exchange location because paternal grandparents reside in Indianapolis and gives the opportunity for the Children to see their grandparents. 7. Mother's position is that she is financially unable to travel to Indianapolis to pick up the Children. Mother cares for her additional children not related to Father and is struggling to make ends meet. Mother asserts that if she does not receive financial assistance from Father to help with her expenses, she simply will not be able to see her Children for the summer. Mother indicates that for the last exchange for Easter 2008, she had to borrow money from friends/relatives/organizations to enable her to transport the Children to/from Indianapolis. 8. The Conciliator recommends an Order in the form as attached scheduling a Hearing before the Court. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require half a day. 9. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. ,7-/Z 4?? Date Jo gan, Esquire C od Conciliator BELINDA BARTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW V. IN CUSTODY SCOTT BARTON, Defendant : NO. 05 - 2896 PETITION TO CANCEL HEARING Plaintiff, Belinda Barton, by and through her attorneys, the Family Law Clinic, hereby requests that the Court cancel the Custody Hearing scheduled for June 27, 2008 at 9:00 am in the above-captioned case. In support of her Petition, Plaintiff states the following: 1. Plaintiff is Belinda Barton ("Mother"), residing at RR1 Box 635, Honey Grove, PA 17035. 2. Defendant is Scott Barton ("Father"), residing at 511 Combs Avenue, Huntsville, AR 72740. 3. Plaintiff and Defendant are the parents of: Collyn Barton, born May 8, 1996; and Darryn Barton, born December 6, 1998. 4. Pursuant to the May 27, 2005 Order of Court, Father and Mother have shared legal custody of their sons, Collyn and Darryn Barton. Father maintains primary physical custody and Mother has partial physical custody. 5. By a Custody Complaint filed on November 26, 2007, Mother requested this Honorable Court grant her additional periods of physical custody of the children. Mother specifically requested physical custody from December 19, 2007 to January 2, 2008 and asked the Court to direct Father to pay the costs of transportation. 6. Upon consideration of Mother's Complaint this Honorable Court issued an Order dated November 30, 2007, scheduling a Pre-Hearing Custody Conciliation before John J. Mangan, Jr., Esq., on January 7, 2008 at the Cumberland County Courthouse. 7. As a result of the January 7, 2008 Conciliation, the following agreed upon schedule was entered as an Order of Court: a. Father and Mother shall have shared legal custody of the Children. b. Father shall have primary physical custody of the Children subject to Mother's partial physical custody as follows: Mother shall have physical custody of the Children every summer, beginning one week after the Children's last day of school until one week before the first day of school for the next year. 2. Commencing 2008 and in all even-numbered years, Mother shall have physical custody of the Children for Easter one week and for Christmas one week, with the specific understanding that this time shall commence within two (2) days of the holiday break until two (2) days before the end of the holiday break. In 2008, the Easter week shall be from Saturday, March 15th through Saturday, March 22nd. The exchange times shall be no later than 7:00 pm (EST). Father shall give Mother advance notice of the Children's school vacation schedule at the beginning of every year. 3. Mother shall have physical custody at such other times as mutually agreed upon. C. Custody Exchanges: The Mother and Father shall share the transportation for the custody exchanges. The exchange location shall be at the Wal-Mart in Indianapolis, Indiana no later than 7:00 pm (EST) on a Saturday, unless otherwise mutually agreed upon. Father shall forward to Mother a sum of two-hundred and fifty dollars ($250.00) at least two (2) weeks prior to the custody exchanges. Mother shall in turn bring any and all receipts for the cost of gasoline and tolls that are incurred for the trip. Mother shall reimburse any unused funds to Father as appropriate. Said sum of money may be modified as conditions warrant. This Order remains in full force and effect as of this date. 8. By Order of the Court dated June 9, 2008, this Honorable Court has scheduled a custody hearing for June 27, 2008 at 9:00 am in this matter. 9. Mother has advised her counsel that she is satisfied with the Court's Order of January 18, 2008 and does not desire to modify this Order at this time. 10. Mother has been named the moving parry at the hearing scheduled for June 27, 2008 despite the fact that she has no present desire to modify the January 18, 2008 Order. 11. Cumberland County Rule of Civil Procedure 1915.12-1 requires that, "All petitions for contempt and/or modification shall be filed in the same manner as original complaints in Rule 1915.3(1) and the Court Administrator shall refer same to the conciliator for review." 12. Mother has not petitioned this Honorable Court to modify the Order of January 18, 2008 pursuant to C.C.R.P. 1915.12-1 and C.C.R.P. 1915.3(1), nor is Mother aware of a Petition for Modification filed by Father or on his behalf. 13. Mother believes and therefore avers that neither party has petitioned this Honorable Court to modify the January 18, 2008 Order and that no hearing should be held on this matter. 14. Concurrence of opposing counsel is not sought pursuant to C.C.R.P. 208.2(d) as Father is unrepresented by counsel. 15. The Honorable Edward E. Guido has previously ruled on this matter. WHEREFORE, Mother requests that this Honorable Court cancel the hearing scheduled for June 27, 2008 at 9:00 a.m. before the Honorable Edward E. Guido. In the alternative, Mother requests that any petition for modification be treated as described in C.C.R.P. 1915.12-1., and be set to be heard at a conciliation. Respectfully Submitted, Michael A. O'Donnell Certified Legal Intern ".,4 ?(A W-, Meg Riesmeyer Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Phone: (717) 243-2968 Fax: (717) 243-3639 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S § 4904, I verify that the Family Law Clinic is counsel for the Plaintiff in the present action, and that the facts and statements contained in the above Petition are true and correct, to the best of my knowledge, information and belief. (0- t7.OK Date Michael A. O'Donnell Certified Legal Intern &MAX I Meg esmeyer Supervising Attorney BELINDA BARTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CUSTODY SCOTT BARTON, Defendant NO. 05 - 2896 CIVIL TERM CERTIFICATE OF SERVICE I, Michael O'Donnell, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition to Cancel Hearing on Scott Barton, residing at, 511 Combs Avenue, Huntsville, AR 72740, by depositing a copy of the same in the United States mail, postage prepaid. ? ? ?el_ /?O_ ?_&? Michael O'Donnell Certified Legal Intern Mega# Riesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 111171?? e ? ?+ ?_ ?:' c`? ? ?--- '-"_ " '? r"??-- `??'' . a? ?t t } ? ... - ..?... "Y'r. "?? _?' -: r....y »?i _y W t.1? .< BELINDA BARTON, Plaintiff V. SCOTT BARTON, Defendant I 1'! 1 7 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO. 05 - 2896 ORDER OF COURT eA AND NOW, this day of ra , 2008, upon consideration of Plaintiff's Petition to Cancel Hearing, it is hereby ordered and directed as follows: I . Plaintiff s Petition to Cancel the hearing scheduled for June 27, 2008 at 9:00 am before the Honorable Edward E. Guido, is ipmAe X15yo IC>Fw. w;ARAC 140- iWt tte 2. %4@ 0148malix- tioned /W*r4q? /6407S. P-akAi" gehetWed for the -L-= &y of , 2000i . cc: amily Law Clinic, for Plaintiff Scott Barton, pro se, Defendant ./John J. Mangan, Jr., Esq., Conciliator t2opi ES rr?3? LL J. 3 L l a 4- : IN THE COURT OF COMMON PLEAS OF BELINDA BARTON, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 05-2896 CIVIL ACTION LAW IN CUSTODY SCOTT BARTON, Defendant : ORDER OF COURT AND NOW, this 27th day of June, 2008, our order of January 18, 2008, as modified by the order dated June 9, 2008, shall be amended to incorporate the stipulation articulated on the record today, a copy of which is attached hereto. In all other 2008, and June rovisions of the order of January 18, respects, the p 9, 2008, which are not inconsistent with this agreement shall remain in full force and effect. r/ramily clinic Michael O'Donnell, Certif Megan Riesmeyer, Esquire For the Plaintiff ?t Barton, pro se 511 Combs Avenue Huntsville, AR 72740 mlc ncr d'tC MAW STIPULATION MR. O'DONNELL: Yes, Your Honor we've reached the following agreement in the matter of Belinda Barton v. Scott Barton: For Christmas in even numbered years, Scott Barton has agreed to forward a sum of $250 two weeks prior to the custody exchange which will take place on the first Saturday which the children are off from school. Belinda has agreed to return the children on the Saturday prior to school beginning. For summer every year, Scott Barton has agreed to forward $250 to Belinda Barton for travel expenses. He will submit that $250 for travel expenses 2 weeks prior to the custody exchange. The exchange will take place one week after the children finish school. It will be on a Saturday at 7 p.m. as per the prior order. Belinda has agreed to return the children one week prior to going back to the school with the only exception for this year we reached an agreement she will return the children on August 9th, 2008. For spring breaks, Father has agreed to lot Mother know on January 1st, of even numbered years when the children's spring break will be. Mother will provide her own travel expenses for spring breaks in even numbered years, and Mother has agreed to allow Father notice one month in advance whether or not she will be able to cover these travel expenses. If she cannot cover the travel expenses, the children will remain in Arkansas. That's all, Your Honor. THE COURT: Mr. Barton, do you agree with? MR. BARTON: Yes, sir.