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HomeMy WebLinkAbout06-2374 JASON A. FURJANIC, Plaintiff VS. ANGELA BARRETT, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLANDCOUNTY,PENNSYLVANIA * * * NO. Qb - 37y cke, * * CIVIL ACTION - LAW * IN CUSTODY COMPLAINT FO CUR STODY AND COMES NOW, JASON A. FURJANIC, by and through his attorney, Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. The Plaintiff is Jason A. Furjanic, who currently resides at 625 Hamilton Boulevard, Yardley, Bucks County, Pennsylvania 10067. 2. The Defendant is Angela Barrett, who currently resides at 3050 Morningside Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks legal and physical custody of the following child: Anthony M. Fm janic, born on April 27, 1992. The child was born out of wedlock. The child is presently in the physical custody of Defendant. 4. During the past five (5) years the child has resided with the following persons and at the following addresses: Dates A. 2001 to approximately 2003 B. Approximately 2003 to approximately 2004 Address Person) 3050 Morningside Drive Defendant Camp Hill, PA 3050 Morningside Drive Defendant and Camp Hill, PA Shawn Barrett C. Approximately 2004 3050 Morningside Drive Defendant, Shawn Barrett to present Camp Hill, PA and Blade Barrett The mother of the child is Angela Barrett, currently residing at 3050 Morningside Drive, Camp Hill, Cumberland County, Pennsylvania. The father of the child is Jason A. Furjanic, currently residing at 625 Hamilton Boulevard, Yardley, Bucks County, Pennsylvania.. The relationship of Plaintiff to the child is that of father. Plaintiff currently resides with his wife, Melissa Fudanic, and his eleven (11) month old son, Ryan Furjanic. 6. The relationship of Defendant to the child is that of mother. Defendant currently resides with her husband, Shawn Barrett, and her children, Anthony M. Furjanic and Blade Barrett. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting Plaintiff legal and physical custody of the child because it is believed, and therefore averred, that Defendant's husband, Shawn Barrett, is subjecting the child to serious emotional and physical abuse, and that Defendant has taken no steps to ensure the safety of her son. 10. 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 respectfully requests This Honorable Court to award him legal and physical custody. Respectfully submitted, WILEY, LENO,X,CCOLGAN & MARZZACCO By: d " ( Bradley A Winnick, Esquire ID #78 130 W. hurch Street Dillsburg, PA 17019 (717) 432-9666 Dated: '?I? 4 VERIFICATION I, Jason A. Furjanic, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unsworn falsification to authorities. Date: A (J /6 L 3G " C> _ fi 4 t JASON A. FURJANIC, * IN THE COURT OF COMMON PLEAS Petitioner * CUMBERLAND COUNTY, PENNSYLVANIA * * Vs. * NO. LiIJ } 1... * * ANGELA BARRETT, * CIVIL ACTION - LAW Respondent * IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner, Jason A. Furjanic, by and through his attorney, Bradley A. Winnick, Esquire, and files the instant Petition for Emergency Relief, and in support thereof, avers as follows: 1. Petitioner is Jason A. Furjanic, who currently resides at 625 Hamilton Avenue, Yardley, Bucks County, Pennsylvania 19067. 2. Respondent is Angela Barrett, who currently resides at 3050 Morningside Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties are the parents of one (1) minor child: Anthony M. Furjanic, born on April 27, 1992. 4. Petitioner and Respondent were never married, and ended their relationship when Anthony was approximately one (1) year old. Since that time, Anthony has been in the primary physical custody of Respondent and Petitioner has exercised regular periods of partial physical custody. 5. An Order for Custody has never been issued by any court in regards to Anthony. 6. Contemporaneously with the filing of the instant petition, Petitioner is filing a Complaint for Custody in This Honorable Court. Petitioner currently resides with his wife, Melissa Furjanic, and their one (1) year old son, Ryan Furjanic. 8. Respondent currently resides with Anthony, her husband, Shawn Barrett, and their two (2) year old son, Blade Barrett. 9. On or about April 12, 2006, Petitioner received a telephone call from Tana Wise, the Respondent's sister, with whom he had not spoken in approximately twelve (12) years. Ms. Wise informed him that she had witnessed Anthony with a fat lip and believed Shawn Barrett to be responsible. An Affidavit from Tana Wise detailing her anticipated testimony, including a statement by Respondent that she already yelled at Shawn Barrett about the injury to Anthony, is attached hereto as Exhibit "A". 10. Petitioner subsequently learned that Anthony revealed to a neighbor, Kim Slaughter, that on the fat lip was caused by being punched in the mouth by Shawn Barrett. Ms. Slaughter also witnessed the swelling to Anthony's lip. Anthony explained that the punch was a punishment for not preventing his two (2) year old brother from breaking a glass while Anthony was watching him. Anthony further explained that Shawn Barrett had hit him before but never left marks. An Affidavit from Kim Slaughter detailing her anticipated testimony is attached hereto as Exhibit "B". 11. Several days following her conversation with Anthony, Ms. Slaughter spoke with Respondent about what she had witnessed and heard. Respondent acknowledged that Shawn Barrett hit Anthony on April 11th, confirmed that he had done so for the reason stated by Anthony, but claimed that it was done with an open hand rather than a fist. Respondent also stated that Shawn "only gets like this when he does not take his prescribed medications, which he does not take on his days off from work." (See Exhibit "B", attached hereto). 12. Upon learning of the allegations raised above, Randy Wise, Respondent's brother, revealed that he had a conversation with Anthony on or about March 20, 2006, in which Anthony told him Shawn Barrett recently punched him in the stomach. An Affidavit from Randy Wise detailing his anticipated testimony is attached hereto as Exhibit "C" 13. Suzanne Cooney, another of Respondent's neighbors, has come forward to describe several incidents she has observed of verbal abuse, harsh punishment and physical violence of Anthony by Shawn Barrett. These incidents, as more fully described in Suzanne Cooney's Affidavit which is attached hereto as Exhibit "D", include punching Anthony in the arm, forcing him to do push ups as punishment, calling him names and berating him in front of other people. 14. Several witnesses have noted the verbal abuse directed at Anthony by Shawn Barrett and property damage in Respondent's home which Respondent admitted was caused by her husband. (See Exhibit "A", attached hereto, and the Affidavit from Jodi Yohn, Respondent's sister, detailing her anticipated testimony which is attached hereto as Exhibit "E"). 15. In light of the information gathered and submitted herein, Petitioner is fearful that Anthony is being physically and emotionally harmed by his step-father and that Respondent is taking no steps to ensure his safety. 16. Petitioner respectfully submits that the substance of the Affidavits attached hereto should be viewed as credible in light of the fact that the affiants are the friends and family of Respondent. 17. Petitioner is ready, willing and able to provide a nurturing and safe home for his son. 18. In order to cause as little disruption as possible to Anthony so late in the school year, Petitioner intends to have Anthony stay with his family members in the Harrisburg metropolitan area during the week until the school year ends. Petitioner intends to spend as much time as possible in this area with Anthony during the week, and will have him with him every weekend. Petitioner has spoken with the principal at the Lemoyne Middle School and received permission to have Anthony finish the school year while residing outside the school district. 19. Petitioner requests that Shawn Barrett be denied any and all contact with Anthony. 20. As Respondent has failed to protect her son from her husband's abuse, Petitioner requests that Respondent's visitation with Anthony be supervised by a member of his family or Respondent's parents or siblings. 21. Subject to the supervision requirement, Petitioner wishes for the frequency of Respondent's visitation to be liberally determined by the mutual agreement of the parties. WHEREFORE, Petitioner respectfully requests that This Honorable Court grant his Petition for Emergency Relief and award Petitioner temporary sole legal and physical custody of the minor child until further Order of Court. Respectfully submitted, Date: U /O L. -/ ,o /X Bradley innick, Esquire WILE NOX, COLGAN & MARZZACCO, P.C. 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 JASON A. FURJANIC, Plaintiff VS. ANGELA BARRETT, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLANDCOUNTY,PENNSYLVANIA R * NO. R R * CIVIL ACTION - LAW * IN CUSTODY AFFIDAVIT OF TANA WISE I, Tana Wise, hereby state the following to be true and correct to the best of my knowledge, information and belief. I understand that the herein Affidavit will be submitted to the Cumberland County Court of Common Pleas, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. I reside at 3629 Chestnut Street, Camp Hill, Pennsylvania. I am the sister of the Defendant, Angela Barrett, and the aunt of Anthony M. Furjanic, son of the above-captioned parties. In the approximately three (3) years since Angela Barrett married Shawn Barrett, I have witnessed Shawn Barrett's explosive temper. On two (2) occasions I witnessed property damage in Angela Barrett's home, a tom chair and a hole in a door, and was told by Angela Barrett both times that the damage was caused by Shawn Barrett. I have also witnessed Shawn Barrett's domineering and controlling behavior in regards to Angela Barrett and Anthony Furjanic, and have noticed a change in Anthony's demeanor and personality since Shawn came into his life, becoming more nervous and skittish. On April 12, 2006, I visited my sister and nephew at their residence. Shawn Barrett was also present. Upon seeing my nephew I noticed swelling to his lip and asked him if he had a fat lip. Anthony denied having a fat lip in Shawn Barrett's presence, but winked at me. I later confronted EXHIBIT E E my sister about what she was going to do about the injury to Anthony, and she told me that she had already yelled at Shawn about it. IN WITNESS WHEREOF, I hereto have set my hand and seal the date and year first above written. WITH S ?m t W: St (SEAL) TANA WISE COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK SS On this, b 61"?Lday of ? 2006 before me a Notary Public, personally appeared BRADLEY A. WINNICK, ESQUIRE, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said state and a subscribing witness to the within instrument and certified that he was personally present when TANA WISE, whose name is subscribed to the within instrument, executed the same; and that said person acknowledges that TANA WISE executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Notary ?...?,.?„ ?.,. ,.,,. Notarial S al S. Dawn Gladfelter, Notary Public omsburg 0oro, yl County My Commission Expires Mav 17, 2009 Member, Pennsylvania Association of Notaries JASON A. FURJANIC, Plaintiff VS. ANGELA BARRETT, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLANDCOUNTY,PENNSVLVANIA * * * NO. * * * CIVIL ACTION - LAW * IN CUSTODY AFFIDAVIT OF KIM SLAUGHTER I, Kim Slaughter, hereby state the following to be true and correct to the best of my knowledge, information and belief. I understand that the herein Affidavit will be submitted to the Cumberland County Court of Common Pleas, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. I reside at 920 S. 31 st Street, Camp Hill, Pennsylvania. I am a neighbor of Angela Barrett, her son, Anthony Furjanic, and her husband, Shawn Barrett. From the time Anthony was in third grade until he began middle school, I provided morning day care for Anthony before school. On Wednesday April 12, 2006, in the evening, Anthony came to my home with his cousin to ask if my children could come out to play with them. While in my home, Anthony asked very quietly if he could speak to me privately. I had the other children go outside. Anthony told me that the previous night, April 11, 2006, his step-father, Shawn Barrett, punched him in the mouth with a closed fist. He showed me the swelling to his upper and bottom lips. Anthony explained that his two (2) year old brother, Blade, broke a glass while Anthony was supposed to be watching him, and that this is the reason Shawn Barrett punched him. Anthony further stated that Shawn Barrett had hit him in the past, but never left marks before. Anthorry was visibly upset and nervous while speaking to me. Several days later, after returning from a trip, I spoke with Angela Barrett about what EXHIBIT Anthony told me. Angela Barrett acknowledged that her husband had hit Anthony on April 11th, confirmed that he had done so because Blade broke a glass, but stated that it was done with an open hand rather than a fist. Angela Barrett stated that she had yelled at her husband about the incident, and explained that Shawn Barrett only gets like this when he does not take his prescribed medication, which he does not take on his days off from work. IN WITNESS WHEREOF, I hereto have set my hand and seal the date and year first above written. -6" -? (-/ (SEAL) HIM SLA HTER COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK On this, J? Y`day of L 2006 before me a Notary Public, personally appeared BRADLEY A. WINNICK, SQUIItE, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said state and a subscribing witness to the within instrument and certified that he was personally present when HIM SLAUGHTER, whose name is subscribed to the within instrument, executed the same; and that said person acknowledges that KIM SLAUGHTER executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Notary Notarial S42it R'adfegpr, Notary Pudic D4kr urg Ryo, York County MY Conan;,. ',ion Expires May 17,2M9 Member. Peor;s, TW1nia Association of Notarie. JASON A. FURJANIC, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY,PENNSYLVANIA * * VS. * NO. * * ANGELA BARRETT, * CIVIL ACTION - LAW Defendant * IN CUSTODY AFFIDAVIT OF RANDY WISE I, Randy Wise, hereby state the following to be true and correct to the best of my knowledge, information and belief. I understand that the herein Affidavit will be submitted to the Cumberland County Court of Common Pleas, and that false statements herein are made subject to the penalties of 18 Pa. C. S.A. §4904, relating to unworn falsification to authorities. I reside at 3 Donald Street, Mechanicsburg, Pennsylvania. I am the brother of the Defendant, Angela Barrett, and the uncle of Anthony M. Fudanic, son of the above-captioned parties. On or about March 20, 2006, I was visiting alone with my nephew, Anthony M. Furjanic. While driving in my vehicle to go get Italian Ice, Anthony told me that his step-father, Shawn Barrett, had punched him in the stomach within the past several days. Anthony appeared nervous and hesitant to discuss the situation in any further detail, but he did request that I not tell Shawn what he had told me. IN WITNESS WHEREOF, I hereto have set my hand and seal the date and year first above written. (SEAL) WI RANDY WISE EXHIBIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK On this,U day of l L 2006 before me a Notary Public, personally appeared BRADLEY A. WINNICK, ESQUIRE, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said state and a subscribing witness to the within instrument and certified that he was personally present when RANDY WISE, whose name is subscribed to the within instrument, executed the same; and that said person acknowledges that RANDY WISE executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set myjagd and official Notary Notarial Seal S. Dawn Gladfetter, Notary Public Dillsburg Boro, York County My CGmmvsion Exores May 17, 2009 Member, Pennsylvania Association of Nota JASON A. FURJANIC, Plaintiff VS. ANGELA BARRETT, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLANDCOUNTVXENNSVLVANIA * * * NO. * * * CIVIL ACTION - LAW * IN CUSTODY AFFIDAVIT OF SUZANNE COONEY I, Suzanne Cooney, hereby state the following to be true and correct to the best of my knowledge, information and belief. I understand that the herein Affidavit will be submitted to the Cumberland County Court of Common Pleas, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. I am a neighbor of Angela Barrett, her children, Anthony Furjanic and Blade Barrett, and her husband, Shawn Barrett. In the time that I have known the parties, I have witnessed Shawn Barrett's verbal abuse of Anthony Fudanic. Some of this abuse involves Shawn Barrett calling Anthony "stupid", making fun of him in front of other people and punishing him for making mistakes in hockey. I have specifically witnessed the following events: On one occasion my family spent a day on a boat with Angela, Shawn and Anthony. I personally observed Shawn punch Anthony in his arm. Anthorrf asked me not to say anything about the punch because his girlfriend was present. On another occasion I attended a barbecue at Angela and Shawn's home. Shawn told Anthony to get him a beer. When Anthony returned with the beer Shawn stated "what are you waiting for." Intervened, stating "what about saying thank you to Anthony." Anthony told Shawn that a "thank you would be nice." Shawn became angry and yelled that he did not owe Anthony a EXHIBIT thank you, that Shawn provides a roof over Anthony's head and that Anthony was not deserving of a thank you. Shawn then ordered Anthony to do push ups in front of everyone as punishment. IN WITNESS WHEREOF, I hereto have set my hand and sea] the date and year first above written. (SEAL) WITN SS SUZANNE COON ft COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK On this, Af-h day of 2006 before me a Notary Public, personally appeared BRADLEY A. WINNICK, ESQUIRE, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said state and a subscribing witness to the within instrument and certified that he was personally present when SUZANNE COONEY, whose name is subscribed to the within instrument, executed the same; and that said person acknowledges that SUZANNE COONEY executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and Notary Notarial Seal S. Dawn Gladfetter, Notary Public Dillsburg Boro, York County My Commission Expires May 17, 2009 Member, Pennsylvania Association of Notaries JASON A. FURJANIC, Plaintiff VS. ANGELA BARRETT, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLANDCOUNTY,PENNSYLVANIA * NO. * CIVIL ACTION - LAW * IN CUSTODY AFFIDAVIT OF JODI YOHN I, Jodi Yohn, hereby state the following to be true and correct to the best of my knowledge, information and belief. I understand that the herein Affidavit will be submitted to the Cumberland County Court of Common Pleas, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. I reside at 13 Hogestown Road, Mechanicsburg, Pennsylvania. I am the sister of the Defendant, Angela Barrett, and the aunt of Anthony M. Furjanic, son of the above-captioned parties. I have personally witnessed the verbal abuse of my nephew by his step-father, Shawn Barrett. I have also noticed my nephew's fear and nervousness when in Shawn Barrett's presence. I have never witnessed any physical abuse, but upon noticing a damaged chair in my sister's home she told me that Shawn Barrett had done the damage by throwing the chair. IN WITNESS WHEREOF, I hereto have set my hand and seal the date and year first above written. - W " 'Y4 (SEAL) WIVE S J I YOHN T EXHI a COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK On this, f t it ? day of 2006 before me a Notary Public, personally appeared BRADLEY A. WINNIC , ESQUIRE, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said state and a subscribing witness to the within instrument and certified that he was personally present when JODI YOHN, whose name is subscribed to the within instrument, executed the same, and that said person acknowledges that JODI YOHN executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official at Notary Public COMMONWE;\lTH OF PENNSYLVANIA Notarial Seal S. Dawn GlatlleRer, Notary PuWio Dillsburg Boro, York County MY Commission Expires May 17, 2009 Member, Pennsylvania Association of Notaries VERIFICATION I, Jason A. Furjanic, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unworn falsification to authorities. Date: 'Y/J6, /,-,G '/` Fl? - Z- SON A. FURJANJ ; Plaintiff JASON A. FURJANIC, * IN THE COURT OF COMMON PLEAS Petitioner * CUMBERLAND COUNTY, PENNSYLVANIA k Vs. NO. k k ANGELA BARRETT, * CIVIL ACTION - LAW Respondent * IN CUSTODY I, Bradley A. Winnick, Esquire, hereby certify that I am this day serving a copy of the Petition for Emergency Relief upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Angela Barrett 3050 Morningside Drive Camp Hill, PA 17011 WILEY, LENOX, COLGAN & MARZZACCO, P.C. Date: 'y 7 6, By: Bradley innick, Esquire 130 W st urch Street, Suite 100 Dillsbu , PA 17019 (717) 432-9666 I.D. #78413 i _? ? 9 ?4 ?...? ?j G _ _. J ? ? ` r ?b . _. L .. .. "J R -.? 5 APR 2 7 M6 JASON A. FURJANIC, * IN THE COURT OF COMMON PLEAS Petitioner * CUMBERLAND COUNTY, PENNSYLVANIA * * Vs. NO. -7 1vfL 1EFZ1'1 * * ANGELA BARRETT, * CIVIL ACTION - LAW Respondent * IN CUSTODY ORD ? AND NOW, this ;7 day of/ ' pt-4 2006, after review of the within Petition for Emergency Relief, t` kioft homh- n ^ ** * r -n --1= iN cutAA-f"J,.t P 3 e Ct4,v9ea,L*,vd toAA Cuk4kttie44 S?e CA.4L7 .1 17013 ce o . I Distribution: Bradley A. Winnick, Esquire Angela Barrett C6 ay !J£2sa??Cy yla ?/off __ a. JASON A. FURJANIC, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2374 CIVIL TERM ANGELA BARRETT, CIVIL ACTION - LAW Respondent IN CUSTODY ORDER OF COURT AND NOW, this 1st day of May, 2006, after consultation with the parties, we enter the following Order which is intended to be temporary in nature and shall not affect the substantive rights of either party in any further proceeding in this matter: 1. The parties shall have shared legal custody of their child, Anthony M. Furjanic, born April 27, 1992. 2. Primary physical custody of the child shall be with the maternal aunt, Tana Wise, until July 1, 2006, or further order of court. 3. Both parties shall be entitled to liberal periods of visitation. Father shall exercise his visitation on the weekends. Mother shall exercise her periods of visitation during the weekdays. Provided, however, that Mother's periods of visitation shall be supervised by an adult family member. Provided further, that the child not have any contact with Mother's current husband, Shawn Barrett. 4. Effective July 1, 2006, Father shall have primary physical custody of the child, with Mother being entitled to periods of visitation on weekends subject to the same terms as set forth above. 5. This matter shall be scheduled for conciliation at the earliest possible date. The parties are directed to cooperate in obtaining a custody evaluation as soon as possible. ? , 16 Father shall be responsible for all costs incurred in connection with said evaluation. As noted above, this Order is meant to be 1 ik?turij temporary in nature and is entered only pending conciliation and/or further hearing in this matter. If the parties are unable to reach an agreement at conciliation, we will have a full-blown hearing in this matter on Wednesday, June 28, 2006, at 8:30 a.m. It is specifically directed that the child be allowed to finish out this year at the Lemoyne Middle School that he is currently attending. Mother shall cooperate by providing the school with appropriate names of family members that will pick him up an L,BYadley A. Winnick, Esquire For the Petitioner ?Angela Barrett Respondent, Pro se Sheriff Court Administrator srs ?C ?,plo pool. f• JASON A. FURJANIC IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. 06-2374 CIVIL ACTION LAW ANGELA BARRETT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 04, 2006 , 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 Thursday, June 01, 2006 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 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/ ac ueline M. Veme Es q. %In 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 *11, 1 Wm? 441 nY -'AASNN3d L8 =Z Wd 6- AVW 9001 ?lditlQNCrli 3N1. d0 3?I3a? QOdd IU JASON A. FURJANIC, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * * VS. * NO. 06-2374 Civil Term * * ANGELA BARRETT, * CIVIL ACTION -LAW Defendant * IN CUSTODY RETURN OF SERVICE On the ' day of April, 2006, I, Jason L. Roberts, served ANGELA BARRETT, with the Complaint for Custody filed on April 27, 2006, Petition for Emergency Relief filed April 27, 2006, and the Court Order dated April 27, 2006 scheduli g a hearing for May 1, 2006 at 2:00 p.m. by n h a,e)J n 9 LL TO V o%un Aa? rref? (manner of service) at of service). /1' 1 Do-. P-e at q, 0/ 'a.m. (time I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: 1-/ 7 -0.61 SON L. ROBERTS n ? C y Fn L _ 4 J ? ? ly // 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JASON A. FURJANIC, Plaintiff VS. ANGELA BARRETT, Defendant * NO. 06-2374 CIVIL TERM * * * IN CUSTODY * * * AND NOW, this day of , 2006, Jason A. Funrjanic of Yardley, Bucks County, Pennsylvania (hereinafter referred to as "Father"), and Angela Barrett of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Mother"), having reached an agreement to mutually settle and resolve the issues of custody of their minor child, Anthony M. Furjanic, date of birth, April 27, 1992, desire to legally obligate themselves to adhere to the terms of said Agreement: WHEREAS Jason A. Furjanic is the natural father of said minor child; and WHEREAS Angela Barrett is the natural mother of said minor child; and WHEREAS Father filed a Custody Complaint in the Cumberland County Court of Common Pleas at the above-captioned docket on April 27, 2001; and WHEREAS Father also filed, on the same date, a Petition for Emergency Relief to which an Order was entered on May 1, 2006; and WHEREAS a Pre-Hearing Custody Conference is scheduled for June 1, 2006, and a full hearing is also scheduled for June 28, 2006; and WHEREAS the parties, having reached an agreement regarding custody prior to the trial, are desirous of avoiding further legal proceedings and are desirous of entering into a custody Stipulation for entry as a court Order. NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father as follows: 1. The parties shall share legal custody of the minor child. Each party shall have the right to participate in the major decisions affecting the child, including but not limited to, medical, religious and educational decisions, and each party shall have equal access to medical, dental and school records. Each party shall keep the other informed of any changes in either their address or telephone number. The party having primary physical custody of the child shall provide to the other party advance information on a timely basis of any and all school programs, events, meetings and teacher conferences involving the child. 2. Mother shall have primary physical custody of the minor child. 3. Father shall have periods of partial physical custody which shall be determined by the mutual agreement of the parties. It is specifically agreed, however, that Father shall be entitled to exercise custody every year for the entire Memorial Day weekend, the entire Thanksgiving weekend and for the entire week encompassing the July 4th holiday. 4. All other holidays shall be decided by mutual agreement of the parties. 5. The parties agree that Father will claim the child as a dependent for tax purposes. 6. The parties acknowledge that on may 15, 2006, due to the issuance of the Emergency Relief Order on May 1, 2006, the Order for Child Support docketed to 787 S 96 was suspended. It is hereby agreed that said Order shall be renewed and shall once again begin to charge at the beginning of the child's 2006-2007 school year as long as there has been no further change in custody. 7. It is agreed that neither party shall physically abuse the child, nor shall either party allow any third parry to physically abuse the child. It is further agreed that, should the Court find that either party has violated this paragraph, primary physical custody and legal custody shall be granted to the other party. 8. The parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. 9. Both parties acknowledge that they have entered into this Agreement and Stipulation of Custody voluntarily and not by means of duress or undue influence. Father acknowledges that he has entered into this Stipulation after consultation with his counsel. Mother acknowledges that she has entered into this Stipulation without the benefit of counsel, that she understands her right to obtain her own counsel and that her failure to do so constitutes a voluntary, knowing and intelligent waiver of that right. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ason A. Furj 'c, *ntiff Bradley t4. mnick, Esquire Attorn f Plaintiff QnK?? "? &,A Ang Barrett, Defendant Attorney for Defendant , Esquire h.7 ? r: ii l ---I r , -- _ a. .- ?'._. i ? "T? C? ? _ _. . (`: t?? i f .1 r?1 - .. ??,: -^L. ti, Soot. ? = Nnr? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JASON A. FURJANIC, Plaintiff Vs. ANGELA BARRETT, Defendant • NO. 06-2374 CIVIL TERM R R R IN CUSTODY R R R R AND NOW, to wit, this risk day of ? , 2006, upon consideration of the foregoing Stipulation and motion of Bradley A. Winnick, Esquire, counsel for Plaintiff, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation, dated VWA& /3 2006, are adopted as an Order of Court as if set forth herein at length. BY ,I DISTRIBUTION: radley A. Winnick, Esq. ?ngela Barrett `?, ? ft6 , 130 W. Church Street, Dillsburg, PA 17019 3050 Morningside Drive, Camp Hill, PA 17011 o pa 0;? ' ? t1`? l3 tl 'I V? REV z s Zoos y?JASON A. FURJANIC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • Aoo(a - a39y V. : NO. 299$92 CIVIL ACTION - LAW ANGELA BARRETT, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 28th day of September, 2006, the Conciliator being notified that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ?V cqu ne M. Verney, Esquire, Custody C ciliator r-.3 Q --r ti v « r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JASON A. FURJANIC, Plaintiff vs. ANGELA BARRETT, Defendant NO. 06-2374 CIVIL TERM IN CUSTODY PRO SE EMERGENCY PETITION FOR MODIFICATION OF CUSTODY ORDER 1. Petitioner is Jason A. Furjanic, an adult individual who resides at 409 Centennial Drive, Yardley, Pennsylvania 19067. 2. Respondent is Angela Barrett, an adult individual who resides at 3050 Morningside Drive, Camp Hill, Pennsylvania 17011. 3. The parties are the natural parents of one child, Anthony Furjanic, age 16, born April 27, 1992 (hereinafter "Child") 4. By Order of Court entered June 19, 2006, upon Stipulation, Respondent was granted primary physical custody of the Child, subject to certain partial custody rights of Petitioner. A true and correct copy of the Stipulation and Order is attached hereto, made a part hereof and marked Exhibit "A". 5. Since the entry of the Order of Court, circumstances have changed in that: a). Respondent has physically neglected the Child, and has failed to obtain appropriate and necessary medical care for the Child; b). The Child is subjected to continuing emotional and verbal abuse by Respondent; c). The Child is desirous of living with Petitioner; and d). The best interests of the Child will be served by granting the relief requested in the within Petition. 6. Petitioner believes and avers that the best interests of the Child will be served by modifying the Order of Court entered on June 19, 2006, and by granting him primary physical custody of the Child. WHEREFORE, Petitioner respectfully requests this Court to grant him primary physical custody of his son, Anthony Furjanic. Jason Furjanic, 409 Centennial Yardley, PA IS 267-391-8332 1 f VERIFICATION JASON FURJANIC, hereby verifies that the facts set forth in the within Emergency Petition for Modification of Custody Order are true and correct to the best of his knowledge, information and belief. He further understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. (! F,? N n r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JASON A. FURJANIC, NO. 06-2374 CIVIL TERM Plaintiff VS. * IN CUSTODY * * ANGELA BARRETT, Defendant p J / y. OF&E j AND NOW, to wit, this FfW day of 2006, on consideration of the JJ? foregoing Stipulation and motion of Bradley A. Winnick, Esquire, counsel for Plaintiff, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation, dared LI&AtL. /3 , 2006, are adopted as an Order of Court as if set forth herein at length. BY , J. DISTRIBUTION: XIradley A. Winnick, Esq V /,Ggela Barrett 130 W. Church Street, Dillsburg, PA 17019 3050 Morningside Drive, Camp Hill, PA 17011 0?0 C;Vv IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JASON A. FURJANIC, Plaintiff' * VS. * * NO. 06-2374 CIVIL TERM IN CUSTODY ANGELA BARRETT, Defendant AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this ? day of L/u,#j iL , 2006, Jason A. Furjanic of Yardley, Bucks County, Pennsylvania (hereinafter referred to as "Father"), and Angela Barrett of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Mother"), having reached an agreement to mutually settle and resolve the issues of custody of their minor child, Anthony M. Furjanic, date of birth, April 27, 1992, desire to legally obligate themselves to adhere to the terms of said Agreement: WHEREAS Jason A. Fudanic is the natural father of said minor child; and WHEREAS Angela Barrett is the natural mother of said minor child; and WHEREAS Father filed a Custody Complaint in the Cumberland County Court of Common Pleas at the above-captioned docket on April 27, 2001; and WHEREAS Father also filed, on the same date, a Petition for Emergency Relief to which an Order was entered on May 1, 2006; and WHEREAS a Pre-Hearing Custody Conference is scheduled for June 1, 2006, and a full hearing is also scheduled for June 28, 2006; and C .... . . WHEREAS the parties, having reached an agreement regarding custody prior to the trial, are desirous of avoiding further legal proceedings and are desirous of entering into a custody Stipulation for entry as a court Order. NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father as follows: 1. The parties shall share legal custody of the minor child. Each party shall have the right to participate in the major decisions affecting the child, including but not limited to, medical, religious and educational decisions, and each party shall have equal access to medical, dental and school records. Each party shall keep the other informed of any changes in either their address or telephone number. The party having primary physical custody of the child shall provide to the other party advance information on a timely basis of any and all school programs, events, meetings and teacher conferences involving the child. 2. Mother shall have primary physical custody of the minor child. 3. Father shall have periods of partial physical custody which shall be determined by the mutual agreement of the parties. It is specifically agreed, however, that Father. shall be entitled to exercise custody every year for the entire Memorial Day weekend, the entire Thanksgiving weekend and for the entire week encompassing the July 4th holiday. 4. All other holidays shall be decided by mutual agreement of the parties. 5. The parties agree that Father will claim the child as a dependent for tax purposes. 6. The parties acknowledge that on May 15, 2006, due to the issuance of the Emergency Relief Order on May 1, 2006, the Order for Child Support docketed to 787 S 96 was suspended. It is hereby agreed that said Order shall be renewed and shall once again begin to charge at the beginning of the child's 2006-2007 school year as long as there has been no further change in custody. 7. It is agreed that neither party shall physically abuse the child, nor shall either party allow any third party to physically abuse the child. It is further agreed that, should the Court find that either party has violated this paragraph, primary physical custody and legal custody shall be granted to the other parry. The parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. 9. Both parties acknowledge that they have entered into this Agreement and Stipulation of Custody voluntarily and not by means of duress or undue influence. Father acknowledges that he has entered into this Stipulation after consultation with his counsel. Mother acknowledges that she has entered into this Stipulation without the benefit of counsel, that she understands her right to obtain her own counsel and that her failure to do so constitutes a voluntary, knowing and intelligent waiver of that right. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ason A. Fur 'c, 'ntiff Bradleyf innick, Esquire Attom Plaintiff Qn5CL LLAdA An Barrett, Defendant ,Esquire Attorney for Defendant 7J- o . t r- JASON A. FURJANIC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELA BARRETT NO. 2006 - 2374 CIVIL TERM ORDER OF COURT AND NOW, this 29TH day of APRIL, 2008, we will treat the attached as a petition to modify the existing custody order. The Court Administrator is directed to assign the matter to a conciliator. ?Jason Furjanic 409 Centennial Drive Yardley, Pa. 19067 Angela Barrett 3050 Morningside Drive Camp Hill, Pa. 17011 Court Administrator :sld Cap Iks Edward E. Guido, J. ,;?.?? .. ??, ,, s ??;? wa.J }5{ i i ?? 434{Y1-1? f t ? ??y # ...1 ,.i ...?..., '?.. ,, f .J'• "