Loading...
HomeMy WebLinkAbout01-4587DAVID BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION -LAW NO. 01 - 4 s 8'7 CIVIL TERM GINGER WALKER, Defendant : IN CUSTODY COMPLAINT FOR PARTIAL CUSTODY 1. The Plaintiff is DAVID BARRICK, residing at 119 East North Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is GINGER WALKER, residing at 219 Marian Avenue, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following children: Aleeshia Barrick, born October 9, 1998; and Kaylea Barrick, born September 6, 1997, who resides at 219 Marian Avenue, Carlisle, Cumberland County, Pennsylvania. The children were born out of wedlock. The children are presently in the custody of Defendant, who resides at 219 Marian Avenue, Carlisle, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA and at the following addresses: NAME ADDRESS FROM/TO David Barrick 39 East Louther Street 1997 to Ginger Walker Carlisle, PA 17013 1998 David Barrick 119 East North Street 1998 to Ginger Walker Carlisle, PA 17013 Spring of 1999 Ginger Walker 380 Echo Road Six months in Michelle White Carlisle, PA 17013 Spring of 1999 NAME David Barrick Ginger Walker Ginger Walker Parents of Ms. Walker ADDRESS 119 East North Street Carlisle, PA 17013 219 Marion Avenue Carlisle, PA 17013 FROM/TO October, 1999 to June, 2001 June, 2001 to present The mother of the children is Ginger Walker, currently residing at 219 Marian Avenue, Carlisle, Pennsylvania. She is not married. The father of the child is David Barrick, currently residing at 119 East North Street, Carlisle, Pennsylvania. He is not married. 4. The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides alone. 5. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the children and her parents. 6. Plaintiff has not participated as a party or witness, or in any other SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•LAW 26 W. Nigh Street Carlisle, PA capacity in other litigation concerning the custody of the child in this or another jurisdiction. 7. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of the Commonwealth. 8. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) The Plaintiff can best provide for the physical and emotional needs of child. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. 11. Plaintiff seeks share legal and partial physical custody of the children on the following schedule: a) Alternating weekends from 3:00 p.m. Friday until Sunday at 8:00 p.m. b) On Tuesdays and Thursdays from noon until 8:00 p.m. c) One week vacation during the summer. d) Alternating holidays of New Year's Day, Memorial Day, Fourth of July, Labor Day and Thanksgiving from 9:00 a.m. until 8:00 p.m. SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•LAW 26 W. High Street Carlisle, PA e) Shared time at Christmas consisting of two blocks, the first from noon on Christmas Eve until noon on Christmas Day, and the second from noon on Christmas Day until noon on December 26. WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the child to the Plaintiff. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Car9 J. Lindsay, Esquire ID# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. David Barrick Date: 7 1.' - G / SAIDIS SHUFF, FLOWER & LINDSAY ATrORNCYS•Ar•LAW 26 W. High Sheet Carlisle, PA a ?; ?? :?% '" `,? (? { -? ? .. ,tr - - = a. \ F ?_: ? t ? e p° f l,? j?.i i ? 1\-r _ J DAVID BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. GINGER WALKER 014587 CIVIL ACTION LAW DEFENDANT IN CUSTODY AND NOW, Monday August 06, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor Cumberland County Courthouse, Carlisle on Wednesday, September 05, 2001 at 9:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ f=uelfne M Verna. Esq, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?. -',?wn? 9?:? bld 9-?(in IQ ,?tldl? ?'?.i?'?cs3`li??.? 30 SEP 0 7 2001 rJ V DAVID BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2001-4587 CIVIL TERM GINGER WALKER, Defendant ' CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 0 day of 2001, consideration of the attached Custody Conciliation Report , it is ordered follows: rected as and dip t • The Mother, Ginger Walker, and the Father, David Barrick, shall have shared legal custody of Aleeshia Barrick, born October 9, 1998 and Ka lea B September 6, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The Mother shall have primary physical custody of the children. 3. The Father shall have the following periods of partial physical custody: A. Every Thursday from 12:00 Noon to Friday morning when Father shall drop off the children at day care. B. The first, fourth and fifth Tuesday, (if any) of every month from 12:00 NO,, to Wednesday morning when Father shall drop off the children at day care. C. The second and third weekend per month, commencing the second Friday of every month from 3:00 p.m. to Mond shall be dropped off at daycare. ay morning when the children 4. Father and Mother shall each be entitled to physical custody of the children for one uninterrupted week during the summer, . days prior notice. from Sunday to Sunday with 30 5. The Thanksgiving holiday shall be split and alternated such that one party shall have the children 9:00 a.m. to 2:00 p.m. and the other party shall have the children from 2:00 p.m, shall to 9:00 p.m. The parties shall alternate this schedule ever have the early time in odd numbered years. Mother shall have the early time in even numbered years. Y Year. Father 6. The Christmas holiday shall be in two blocks which the parties shall alternate. Block A shall be from 12:00 Noon Christmas Eve until 12:00 Noon Christmas Day and Block B shall be from 12:00 Noon Christmas Day until 12:00 Noon on December 26. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 7. The parties shall alternate the following holidays: New Year's Day, Easter, Memorial Day, July 4, and Labor Day, at times agreed by the parties. 8. Mother shall have physical custody on Mother's Day; Father shall have physical custody on Father's Day, at times agreed by the parties. 9. The parties shall share transportation such that the party receiving custody shall provide transportation, unless otherwise agreed by the parties. 10. The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the children and shall further take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, both parents shall have the right to visit the children as often as he/she desires consistent with the proper medical care of the children. 11. Neither parent shall do or say anything nor let anyone in the children's presence to say or do anything that may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. 12. In the event that either parent is in need of babysitting services for a period longer than three (3) hours, they shall contact the noncustodial parent and offer the noncustodial parent the opportunity to provide the care. 13. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Carol J. Lindsay, Esquire, Counsel for Father Ginger Walker, pro se 219 Marian Avenue y, /0,0/ Carlisle, PA 17013 L)- - `?? ? g r? ca °v? `?? c; ? ?? i'?.:). ' t> ? G ui,, , ?:- . p.. ,± S .: v ?, ,. :? ? SEP 0 7 z001 DAVID BARRICK, IN Plaintiff THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. :2001-4587 CIVIL TERM GINGER WALKER, CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I • The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Aleesia Barrick, October 9, 1998 Kaylea Barrick September 6, 1997 Mother Mother 2. A Conciliation Conference was held in this matter on September 5, 2001, with the following individuals in attendance: The Mother, Ginger Walker, pro se and the Father, David Barrick, with his counsel, Carol J. Lindsay, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 9-x-01 Dat- e ac elme M. Verney, Esquire Custody Conciliator DAVID H. BARRICK, Plaintiff/Petitioner V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-4587 CIVIL TERM GINGER L. WALKER, Defendant/Respondent IN CUSTODY PETITION FOR MODIFICATION OF' CUSTODY AND NOW comes the Plaintiff/Petitioner, David H. Barrick, by his attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody: 1. The Petitioner, David H. Barrick, is an adult individual with an address of 19 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent, Ginger L. Walker, is an adult individual with an address of 148 Oak Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two (2) children„ namely, Kaylea G. Barrick, born September 6, 1997, and Aleeshia K. Barrick, born October 9, 1998. 4. The parties are currently governed by a custody Order of Court dated September 10, 2001, a copy of which is attached hereto and marked as Exhibit "A". 5. The Petitioner desires that the parties have shared legal custody of the minor children, Kaylea G. Barrick and Aleeshia K. Barrick. 6. The Petitioner desires shared physical custody of said minor children with periods of physical custody to each party as they mutually agree. 7. The best interests and permanent welfare of the minor child requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner, David H. Barrick, respectfully requests that he be awarded shared physical custody and shared legal custody of Kaylea G. Barrick and Aleeshia K. Barrick, with periods of physical custody to each party as they mutually agree. Respectfully submitted, IRWIN & By: Marcu f A. McK Attorney for Plait 60 West Pomfret Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: April 9, 2004 EXHIBIT "A" SEP 1 2 2MM1,,, np; DAVID BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-4587 CIVIL TERM GINGER WALKER, : CIVIL ACTION -1LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this io day of? 2001, upon consideration of the attached Custody Conct iation Report, it is ordered and directed as follows: 1. The Mother, Ginger Walker, and the Father, David Barrick, shall have shared legal custody of Aleeshia Barrick, born October 9, 1998 and Kaylea Barrick, born September 6, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions af:Fecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The Mother shall have primary physical custody of the children. 3. The Father shall have the following periods of partial physical custody: A. Every Thursday from 12:00 Noon to Friday morning when Father shall drop off the children at day care. B. The first, fourth and fifth Tuesday, (if any) of.'every month from 12:00 Noon to Wednesday morning when Father shall drop off the children at day care. C. The second and third weekend per month, commencing the second Friday of every month from 3:00 p.m. to Monday morning when the children shall be dropped off at daycare. 4. Father and Mother shall each be entitled to physical custody of the children for one uninterrupted week during the summer, from Sunday to Sunday with 30 days prior notice. 5. The Thanksgiving holiday shall be split and alternated such that one party shall have the children 9:00 a.m. to 2:00 p.m. and the other party shall have the children from 2:00 p.m. to 9:00 p.m. The parties shall alternate this schedule every year. Father shall have the early time in odd numbered years. Mother shall have the early time in even numbered years. 6. The Christmas holiday shall be in two blocks which the parties shall alternate. Block A shall be from 12:00 Noon Christmas Eve until 12:00 Noon Christmas Day and Block B shall be from 12:00 Noon Christmas Day until 12:00 Noon on December 26. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 7. The parties shall alternate the following holidays: New Year's Day, Easter, Memorial Day, July 4, and Labor Day, at times agreed by the parties. 8. Mother shall have physical custody on Mother's Day; Father shall have physical custody on Father's Day, at times agreed by the parties. 9. The parties shall share transportation such that the party receiving custody shall provide transportation, unless otherwise agreed by the parties. 10. The parties shall keep each other advised itmnediately relative to any medical care or medical emergencies concerning the children and shall further take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, both parents shall have the right to visit the children as often as he/she desires consistent with the proper medical care of the children. 11. Neither parent shall do or say anything nor let anyone in the children's presence to say or do anything that may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. 12. In the event that either parent is in need of babysitting services for a period longer than three (3) hours, they shall contact the noncustodial parent and offer the noncustodial parent the opportunity to provide the care. 13. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, / a., _ //3,. 4 4 , J. cc: Carol J. Lindsay, Esquire, Counsel for Father Ginger Walker, pro se 219 Marian Avenue Carlisle, PA 17013 _7 7 I. :,_ ?. aittf s ; ?) Va. Prothonotary VERIFICATION The foregoing Petition for Modification of Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. DAVID H[. BARRICK Date: APRIL 9, 2004 N "rt -L r'ir -n 1» N > i S ? ' MAY U g 2004 DAVID H. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW GINGER L. WALKER, : NO. 2001-4587 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1,0 day of ' 2004, upon consideration of the attached Custody Conciliatio eport, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ---2,-, of the Cumberland County Court House, on the . " day of _, 2004, at /-:96 o'clock, -Z. M., at which time testimony wi e taken. For purposes of this Hearing, the Father shall be deemed to be the moving arty 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 shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated September 10, 2001 shall remain in effect: 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Edgar B. Bayley, C M/ cus A. McKnight, III, Esquire, counsel for Father iXiinger L. Walker, pro se 148 Oak Hill J. Carlisle, PA 17013 •,t ?i n ?.. -.,... .... ? .q?ri,? y? iv ,?.??aU;?,?U "G?11 ?E-li. ?0 DAVID H. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW GINGER L. WALKER, :NO. 2001-4587 CIVIL TERM Defendant IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I . The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kaylea G. Barrick September 6, 1997 Mother Aleeshia K. Barrick October 9, 1998 Mother 2. A Conciliation Conference was held May 6, 2004 with the following individuals in attendance: The Father, David H. Barrick, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Ginger L. Walker, pro se. 3. The Honorable Edgar B. Bayley previously entered an Order of Court dated September 10, 2001, providing for shared legal custody, Mother having primary physical custody and Father having 13 overnights out of 28 clays per month. Father filed a Modification of Custody requesting shared physical custody. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody on a week on/week off basis or other arrangement that would give him a 50150 split of custody. Father maintains that he has a close relationship with the children, has been active in all facets of the children's care and nurturing. The parties live in close proximity although in separate school districts. Father however has been transporting the older child to her school. He maintains that he is involved in her education. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having three weekends per month from Friday to Monday and most of the summer, with Mother having alternating weekends in the summer. Mother maintains that the current schedule is too disruptive to the children, that the older, school-age child is showing negative effects due to the numerous transfers. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order. It is expected that the Hearing will require one-half day. Date hea,qline M. Verney, Esquire Custody Conciliator DAVID H. BARRICK, Plaintiff V. GINGER L. WALKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 20014587 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 1A day of June, 2004, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. By tbye Court, EDGAR B. BA Marcus A. McKnight, III, Esq. Attorney for Plaintiff Ginger L. Walker Defendant 1;L' r_! "Aqv 20D?? JlJr`? -7 Pf9 1? 3 1'"fit DAVID H. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 20014587 CIVIL TERM GINGER L. WALKER, Defendant IN CUSTODY CUSTODY STIPULATION AND NOW, this' day of June, 2004, the parties, DAVID H. BARRICK and GINGER L. WALKER, hereby enter into the following Custody Stipulation and Agreement regarding their minor children, KAYLEA G. BARRICK and ALEESHIA K. BARRICK: 1. The Plaintiff, David H. Barrick, is an adult individual who resides at 119 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Ginger L. Walker, is an adult individual who resides at 148 Oak Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two (2) children, namely, Kaylea G. Barrick born September 6, 1997, and Aleeshia K. Barrick, born October 9, 1998. 4. The parties agree to have shared legal custody of said minor children. 2 5. The Mother shall have shared physical custody of said minor children as follows: A. During the school year: Mother will have physical custody of the children for two (2) consecutive weeks, from Monday after school to Thursday morning when they are returned to school. For two more consecutive weeks, Mother will have physical custody of the children from Saturday morning at 9:00 a.m. until Thursday morning when the children are returned to school. This schedule will alternate every four (4) weeks. B. During the summer months: For two (2) consecutive weeks, Mother will have the children from Monday morning at 9:00 a.m. until Wednesday morning at 9:00 a.m. For two more consecutive weeks, Mother will have the children from Saturday at 9:00 a.m. until Wednesday morning at 9:00 a.m. This schedule will alternate every four (4) weeks. 6. The Father shall have shared physical custody of said minor children as follows: A. During the school Year: Father have physical custody of the children for two (2) consecutive weeks, from Monday after school to Thursday morning when they are returned to school. For two more consecutive weeks, Father will have physical custody of the children from Saturday morning at 9:00 a.m, until Thursday morning when the children are returned to school. This schedule will alternate every four (4) weeks. B. During the summer months: For two (2) consecutive weeks, Father will have the children from Monday morning at 9:00 a.m. until Wednesday morning at 9:00 a.m. For two more consecutive weeks, Father will have the children from Saturday at 9:00 a.m. until Wednesday morning at 9:00 a.m. This schedule will alternate every four (4) weeks. 3 7. Support: The Defendant will drop her support action at Domestic Relations effective June 7, 2004. The Plaintiff agrees to pay directly to the Defendant the sum of $85.00 per week as child support. 8. Income Tax Exemption: The parties agree that for the tax year 2004 and thereafter, Plaintiff will be able to use Kaylea G. Barrick as his income tax exemption. The Defendant will be entitled to use Aleeshia K. Barrick as her income tax exemption beginning in 2004, and following. Both the parties will cooperate by signing any docurnent required to implement this provision. 9. Medical Insurance: The parties agree that Father will retain medical insurance on said minor children. Any medical/dental bills not paid by insurance will be paid equally by the parties. 10. The parties shall provide for custody of said minor children during all holidays pursuant to their best interest. 11. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children, and shall take any necessary steps to ensure that the health and well-being of the children are protected. During such illness or medial emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 4 12. The parties shall not do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or hamper the free and natural development of the children's love and affection for the other party. 13. The parties may make such alternate arrangements regarding the physical custody of the children so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the children. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 14. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 15. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 16. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 17. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending; to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: (SEAL) DAVID H. BARR[CK DAVID H. BARRICK, Plaintiff/Petitioner V. GINGER L. WALKER, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-4587 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Plaintiff/Petitioner, David H. Barrick, by his attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody: 1. The Defendant/Respondent, Ginger L. Walker, is not represented by counsel, and therefore, there was no concurrence sought or response to the filing of this Petition. 2. An Order of Court was issued in this case on June 7, 2004, and signed by Judge Edgar B. Bayley, with attached Custody Stipulation and Agreement signed by the parties. 3. The Petitioner, David H. Barrick, father of the minor children, is an adult individual with an address of 103 Country View Estates, Newville, Cumberland County, Pennsylvania 17241. 4. The Respondent, Ginger L. Walker, mother of the minor children, is an adult individual with an address of 147 Greason Road, Carlisle, Cumberland County, Pennsylvania 17013. 5. The parties are the natural parents of two (2) children, namely, Kaylea G. Barrick, born September 6, 1997, and Aleeshia K. Barrick, born October 9, 1998. 6. The parties are currently governed by an Order of Court dated June 7, 2004, with attached Custody Stipulation, a copy of which is attached hereto and marked as Exhibit "A". 7. The Petitioner desires that the parties have shared legal custody of the minor children, Kaylea G. Barrick and Aleeshia K. Barrick. 8. The Petitioner desire primary physical custody of the minor children. The children desire to live primarily with their father and spend regular but shorter periods of time with their mother. The children do not like their mother's boyfriend, Samuel Wrightstone. 9. Samuel Wrightstone has a history of physical violence involving the Respondent and has jeopardized the welfare of the children in 2006. 10. The Petitioner seeks a Conciliation Conference with the Custody Conciliator, Jacqueline M. Verney, Esquire, who last reviewed this case in 2004. WHEREFORE, Petitioner, David H. Barrick, respectfully requests that he be awarded primary physical custody and shared legal custody of Kaylea G. Barrick and Aleeshia K. Barrick, with periods of physical custody to the Respondent as they mutually agree. Respectfully submitted, IRWIN & McKNIGHT By: A. NU ight, III, Esquire for Pl ' tiff est Pomfr Street nsvlvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: May 21, 2007 EXHIBIT "A" DAVID H. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 20014587 CIVIL TERM GINGER L. WALKER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 7 ' day of June, 2004, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. By the Court, k1iGAR 41.BAYLEY, AJD(GE Marcus A. McKnight, III, Esq. Attorney for Plaintiff Ginger L. Walker Defendant TRUE CUP( '?'`( f` ROM In T rlin' ny #wftj, i r°At v's urita, M Nq hand ared tkg Vf of sald :. at t,k5, RL This y ?'!_ Pro t©notoy DAVID H. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 20014587 CIVIL TERM GINGER L. WALKER, Defendant IN CUSTODY CUSTODY STIPULATION 1 AND NOW, this day of June, 2004, the parties, DAVID H. BARRICK and GINGER L. WALKER, hereby enter into the following Custody Stipulation and Agreement regarding their minor children, KAYLEA G. BARRICK and ALEESHIA K. BARRICK: 1. The Plaintiff, David H. Barrick, is an adult individual who resides at 119 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Ginger L. Walker, is an adult individual who resides at 148 Oak Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two (2) children, namely, Kaylea G. Barrick born September 6, 1997, and Aleeshia K. Barrick, born October 9, 1998. 4. The parties agree to have shared legal custody of said minor children. 2 5. The Mother shall have shared physical custody of said minor children as follows: A. During the school year: Mother will have physical custody of the children for two (2) consecutive weeks, from Monday after school to Thursday morning when they are returned to school. For two more consecutive weeks, Mother will have physical custody of the children from Saturday morning at 9:00 a.m. until Thursday morning when the children are returned to school. This schedule will alternate every four (4) weeks. B. During the summer months: For two (2) consecutive weeks, Mother will have the children from Monday morning at 9:00 a.m. until Wednesday morning at 9:00 a.m. For two more consecutive weeks, Mother will have the children from Saturday at 9:00 a.m. until Wednesday morning at 9:00 a.m. This schedule will alternate every four (4) weeks. 6. The Father shall have shared physical custody of said minor children as follows: A. During the school year: Father have physical custody of the children for two (2) consecutive weeks, from Monday after school to Thursday morning when they are returned to school. For two more consecutive weeks, Father will have physical custody of the children from Saturday morning at 9:00 a.m. until Thursday morning when the children are returned to school. This schedule will alternate every four (4) weeks. B. During the summer months: For two (2) consecutive weeks, Father will have the children from Monday morning at 9:00 a.m. until Wednesday morning at 9:00 a.m. For two more consecutive weeks, Father will have the children from Saturday at 9:00 a.m. until Wednesday morning at 9:00 a.m. This schedule will alternate every four (4) weeks. 3 7. Support: The Defendant will drop her support action at Domestic Relations effective June 7, 2004. The Plaintiff agrees to pay directly to the Defendant the sum of $85.00 per week as child support. 8. Income Tax Exemption: The parties agree that for the tax year 2004 and thereafter, Plaintiff will be able to use Kaylea G. Barrick as his income tax exemption. The Defendant will be entitled to use Aleeshia K. Barrick as her income tax exemption beginning in 2004, and following. Both the parties will cooperate by signing any document required to implement this provision. 9. Medical Insurance: The parties agree that Father will retain medical insurance on said minor children. Any medical/dental bills not paid by insurance will be paid equally by the parties. 10. The parties shall provide for custody of said minor children during all holidays pursuant to their best interest. 11. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children, and shall take any necessary steps to ensure that the health and well-being of the children are protected. During such illness or medial emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 4 12. The parties shall not do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or hamper the free and natural development of the children's love and affection for the other parry. 13. The parties may make such alternate arrangements regarding the physical custody of the children so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the children. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 14. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 15. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 5 16. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 17. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: r 161 ll4 i, (SEAL) B H. BARRICK 4 i I C f (SEAL) IN WALKER 6 VERIFICATION I have read the statements made in the foregoing Custody Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. D VID H. BARRICK Date: May 92007 ?, ?..? ??.. ?"' ?i""" ?? DAVID H. BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-4587 CIVIL ACTION LAW GINGER L. WALKER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, May 25, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 19, 2007 at 10:30 AM _. _ _ .............. _....-...-----....__-._......... for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children aize five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ acqueline M. Verney, Esq. 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 Y-ly- , x fw- S a o :? N SZ ?aES:''I LUZ I J- JUN $ U 2007 101 DAVID H. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-4587 CIVIL ACTION - LAW GINGER L. WALKER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2007, upon - Jk consideration of the attache Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. of the Cumberland County Court House, on the _ day of , 2007, at ?( 5 o'clock, _A-. M., at which time testimony will b e For purposes of this Hearing, the Father 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 shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated June 7, 2004 is hereby vacated. Pending further Order of Court or agreement of the parties, the following shall remain in effect. 3. The Father, David H. Barrick and the Mother, Ginger L. Walker, shall have shared legal custody of Kaylea G. Barrick, born September 6, 1997 and Aleeshia K. Barrick, born October 9, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, 01- extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. For the summer, the parties shall share physical custody of the children on a week on/week off basis with the exchange day being Fridays at daycare. The non- custodial parent shall have physical custody of the children on Wednesday overnight. Father's week shall begin June 22, 2007. 5. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc- cus A. McKnight, III, Esquire, counsel for Father 1/ger L. Walker, pro se 147 Greason Road Carlisle, PA 17013 .1 L_--? BY THEQURT, ? / Cj t,n DAVID H. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-4587 CIVIL ACTION - LAW GINGER L. WALKER, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kaylea G. Barrick September 6, 1997 Mother Aleeshia K. Barrick October 9, 1998 Mother 2. A Conciliation Conference was held June 19, 2007 with the following individuals in attendance: The Father, David H. Barrick, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Ginger L. Walker, pro se. 3. The Honorable Edgar B. Bayley, President Judge, previously entered an Order of Court dated June 7, 2004 providing for shared legal and shared physical custody, although the parties agreed that the Order had not been followed. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody, with Mother having alternating weekends. Father maintains that Mother has been in a violent relationship which she has only recently removed herself. Mother has relocated to her Mother's home which is a different school district from where the children previously attended. Father believes that the children should live primarily with him so that the children can attend the same school district as previously. 5. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, with Father having alternating weekends. Mother maintains that the prior Order was never followed. She also asserts that Father was violent when the parties lived together and used foul language in front of the children. Mother asserts that the children are looking forward to attending different schools this coming year. She further claims that Father has filed for modification because he wants to reduce or eliminate his child support obligation. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and ordering shared physical custody for the summer. It is expected that the Hearing will require one-half day. (o-I?t?o7 ?7 Date cq ine M. Verney, Esquire Custody Conciliator