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HomeMy WebLinkAbout06-6351 - --' TODD A. BARRICK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W . Sf ; NO Df, -t,3C VIL TERM VIRGINIA KINER Defendatnt : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Todd A. Barrick, an adult individual currently residing at 675 North Middle Road, Newville, PA., 17241. 2. Defendant is Virginia Kiner, an adult individual currently residing at 5 Castle Acres, Festus, MO., 63028. 3. The parties are the natural parents of two children, namely, namely Chelsey M. Barrick, born July 10, 1989 and Denver R. Barrick, born May 31, 1991. The children were born out of wedlock. 4. For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATES Todd A. Barrick 675 North Middle Road Newville, P A. 17241 October 13,2006 to Present Virginia Kiner 1468 York Rd. Carlisle, P A 17013 May 2006 to October 13,2006 Todd A. Barrick 675 North Middle Road Newville, P A. 17241 August 2005 to May 2006 Todd A. Barrick Virginia Kiner 675 North Middle Road Newville, PA. 17241 July 2001 to August 2005 . J The natural mother of the child is Virginia who resides as aforesaid, she is single. The natural father of the children is Todd A. Barrick who resides as aforesaid. He is single. 5. The relationship of Plaintiff to the children is that of natural father. The Plaintiff currently resides alone with the children. 6. The relationship of the Defendant to the children is that of natural mother. She is believed to be residing with her boyfriend. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. 8. Plaintiff has no information of any custody proceedings concerning the children pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the children to grant the relief requested because: a) The children's ties for their entire lives are to the Newville/Carlisle area and to the Big Spring School District; b) Plaintiff will be more reasonable III arrangements for contact between the children and the other parent, then will Defendant. c) Plaintiff will not downgrade the other parent to the children, as Defendant has done against the Plaintiff; d) Children will be able to complete their education in the Big Spring School District where they have attended school for their entire education. e) Plaintiff is better able to provide for the care, custody, and control necessary for children of these children's ages. ~ / 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time he should be granted primary physical custody of the children. Respectfully submitted, , " .. VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: }o- ~/-Qb ~/7 1~ (--....,/.:.:./. .... \; /~/d7 It:./? A'~ TODD A. BARRICK J,-#" ,. .. TODD A. BARRICK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO CIVIL TERM VIRGINIA KINER Defendatnt : IN CUSTODY CERTIFICATE OF SERVICE Sf I, Bradley L. Griffie, Esquire, hereby certify that I did, the 3' day of October, 2006, cause a copy of Plaintiff s Petition for Special Relief and resulting Order of Court and Rule to Show Cause to be served upon Defendant by serving her attorney, Michelle Summers, Esquire, by facsimile and by first-class mail, postage prepaid at the following addresses: Michelle Summers, Esquire 36 south Hanover Street Carlisle, P A 17013 DATE:~ if , Esquire ey for aintifJ GRIFFIE ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717)243-5551 (800)347-5552 () ~ r-.) C) c? -p ~ -1\ l' c>" :1-n ~ ~ (:::) It- ~ t--) rr'\~ , .--\ -"m C> ('JJ ':.-f~ \lJ ~ - . :~:::\ ~:::' - \J J: )J -v Y)'i~ g -r.J ~. ;(;1'11 ~ - '-...-/ ~ .. --I . . ~ 0) ~ ;;:- TODD A. BARRICK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W ~ NO Dr,"~lvIL TERM VIRGINIA KINER Defendatnt IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW COMES, Petitioner, Todd A. Barrick, by and through his counsel, Bradley L. Griffie, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows: 1. Your Petitioner is the above named Plaintiff, Todd A. Barrick, an adult individual currently residing at 675 North Middle Road, Newville, PA., 17241. 2. Respondent is the above named Defendant, Virginia Kiner, an adult individual currently residing at 5 Castle Acres, Festus, MO., 63028. 3. The parties are the natural parents of two children, namely, Chelsey M. Barrick, born July 10, 1989 and Denver R. Barrick, born May 31, 1991. 4. Contemporaneous with the filing of this Petition for Special Relief, Plaintiff has filed a Petition for Custody which will cause a Conciliation Conference to be scheduled in this matter regarding custody of the children. 5. The children in this case have resided for their entire lives in Cumberland County and have attended school in the Big Spring School District for their entire educational lives. 6. Approximately fourteen (14) months ago the parties, who were not and are not married, separated and mother secured a residence in the Carlisle area. 7. For approximately eight (8) to ten (10) months the children resided primarily with Petitioner at his address and the children's home in Newville, Pennsylvania. 8. For a period of approximately six (6) months thereafter, that ended on October 13, 2006, the children were residing primarily with Respondent at her Carlisle address. 9. Despite the fact that the children were residing outside the Big Spring School District, they continued to attend school in the Big Spring School District, as they strongly expressed their desire to continue their education at Big Spring and not transfer to another school district. 10. While Petitioner could have objected to the children attending school at Big Springwhen they were not residing within the school district, he did not do so because of the children's strong desire to continue their education in the Big Spring School District and not attend school in the school district where Respondent's home was located. 11. Respondent left the Carlisle area moving to Missouri with her boyfriend on or about October 13, 2006, at which time the children returned to father's residence and father's custody. 12. The children have continued to attend school in the Big Spring School District for the 2006-2007 school year. 13. The parties' daughter, Chelsey, will graduate from Big Spring School District in 2008 or approximately one and one-half years from now. 14. Mother made her move to Missouri with her boyfriend, she began making wide ranging promises to the children of material items that she was going to purchase for them, including a Ford Mustang for the daughter Chelsey and other expensive items, serving as rewards for the children if they would move with her. 15. Respondent has been downgrading Petitioner and downgrading his parenting skills to the children, such that it is creating complications between Petitioner and his children. 16. Respondent's conduct in making promises of material rewards to the children and in interfering in the relationship between the children and Petitioner, is done solely for purposes of trying to convince the children that they should leave the Newville area with Respondent to reside in Missouri. 17. Petitioner knows his children and, as has been evidenced by the fact that they did not want to leave the Big Spring School District in Cumberland County even to begin attending school at neighboring school district while they were living with their mother, he is aware that the children have extremely strong ties to their friends, family, and other parties associated with the Big Spring School District. 18. During the period of time that the children were primarily residing with mother, she allowed for them, and particularly for the parties' oldest child, Chelsey, to conduct her life as she desired with extremely little parenting or interference from Respondent and with wide ranging freedoms. 19. Petitioner, although not strict, does have some rules that he is requesting his children to abide by while they are residing with him. ~ 20. Respondent has used Petitioner's rules within his home and attempts to gmm cooperation from the children against him, trying to convince the children that Petitioner is mean, uncaring, and otherwise not being fair with them. 21. Petitioner believes and therefore avers that if the children would even attempt to move with mother to Missouri, it would only be a short period of time, that they would become homesick and otherwise, wish to be back in the Big Spring School District. 22. In the event that the children would leave and go to Missouri and then want to come back to Big Spring School District, their education would be disrupted and harmed in a manner that would create additional unnecessary complications for the children. 23. If the children go with Respondent to Missouri, Petitioner anticipates that Respondent will continue to allow the children to have unbridled freedoms which will create complications in finalizing their high school education and will otherwise open them up to conduct and associations that will be detrimental to them. 24. Petitioner believes and therefore avers that it is in the children's best interest to remain in his primary custody in Cumberland County, attending Big Spring Schools. 25. Petitioner believes and therefore avers that the pressure Respondent has put on the children, her efforts to adversely affect the relationship between the children and Petitioner, and the manner in which she has made unrealistic material promises to the children to affect their position regarding moving to Missouri, are such that a psychological evaluation is necessary and appropriate in determining the best interests of the children in this case. 26. Petitioner understands that Respondent is represented by Michelle Summers, Esquire, of Abom and Kutalakis at 36 South Hanover Street, Carlisle, P A., 17013, who has been contacted in advance of filing this Petition to advise her of exactly when the Petition will be filed in an effort to gain her and Respondent's input into this Petition prior to the entry of the temporary Order. WHEREFORE, Petitioner requests your Honorable Court to enter a temporary Order providing with primary custody and issue a Rule upon Respondent to Show Cause as to why the arrangements of Petitioner having primary physical custody of the children should not be made and entered as a Permanent Order. Respectfully submitted, . Ie, Esquire fo etitioner 200 North anover Street Carlisle, P A 17013 (717)243-5551 (800)347-5552 ., VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. ~--ifqJ Jt -6--a~/?kL TODD A. BARRICK DATE: J 0 -SI ~ C)C . , TODD A. BARRICK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LA W v. : NO CIVIL TERM VIRGINIA KINER Defendatnt : IN CUSTODY CERTIFICATE OF SERVICE ,r I, Bradley L. Griffie, Esquire, hereby certify that I did, the ), day of October, 2006, cause a copy of Plaintiffs Petition for Special Relief and resulting Order of Court and Rule to Show Cause to be served upon Defendant by serving her attorney, Michelle Summers, Esquire; by facsimile and by first-class mail, postage prepaid at the following addresses: Michelle Summers, Esquire 36 south Hanover Street Carlisle, PAl 7013 DATE:~ riffi , Esquire ey for PI mtif/ GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717)243-5551 (800)347-5552 ^f- ~ ~ (:) .cQ. ~ ~ o ..... C\) ).J tfl J ~ 0 c::? -1'1 (} ~ ~i;.. C ~..,' C..; _\ 0) - -0 :z;. - . . (,.) 0" j ., TODD A. BARRICK, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA V. VIRGINIA KINER, DEFENDANT/RESPONDENT 06-6351 CIVIL TERM ORDER OF COURT AND NOW, this 7l~ dayof October, 2006, the father, Todd A. Barrick, having filed a complaint for custody and coneurrently a petition for special relief, and the mother, Virginia Kiner, having just moved to the state of Missouri, where she seeks to take the parties two children, Chelsey M. Barrick, born July 10, 1989 and Denver R. Barrick, born May 31,1991, IT IS ORDERED: (1) Todd Barrick shall have temporary primary physieal custody of Chelsey Barrick and Denver Barrick pending a further hearing in this court on Friday, December 8, 2006, at 8:45 a.m., in Courtroom Number 2. (2) The hearing shall involve the issue of the merits of the pending custody case which involves the request of the mother to move the children to Missouri. (3) If the mother is in Pennsylvania during any period prior to the hearing the father shall allow her to see and be with the children on a reasonable basis. (4) Because the issue in this case primarily involves whether it is in the best interest of the children to allow them to move to Missouri where the mother has already moved, it shall not be sent to conciliation. By the..Gcruft, t ~~ .... Bradley L. Griffie, Esquire For Plaintiff/Petitioner Michelle Summers, Esquire For Defendant/Respondent Court Administrator :sal .. '. TODD A. BARRICK, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. VIRGINIA KINER, DEFENDANT/RESPONDENT 06-6351 CIVIL TERM ORDER OF COURT AND NOW, this ?l*" day of October, 2006, the father, Todd A. Barrick, having filed a complaint for custody and concurrently a petition for special relief, and the mother, Virginia Kiner, having just moved to the state of Missouri, where she seeks to take the parties two children, Chelsey M. Barrick, born July 10, 1989 and Denver R. Barrick, born May 31, 1991, IT 15 ORDERED: (1) Todd Barrick shall have temporary primary physical custody of Chelsey Barrick and Denver Barrick pending a further hearing in this court on Friday, December 8,2006, at 8:45 a.m., in Courtroom Number 2. (2) The hearing shall involve the issue of the merits of the pending custody case which involves the request of the mother to move the children to Missouri. (3) If the mother is in Pennsylvania during any period prior to the hearing the father shall allow her to see and be with the children on a reasonable basis. (4) Because the issue in this case primarily involves whether it is in the best interest of the children to allow them to move to Missouri where the mother has already moved, it shall not be sent to conciliation. By the/Golir1, / t >. 2E l-~ r~ ~~.~ 1.1".. -1..~ n~=:, ,1) ci_ [IJ 0- -IlL! 0:-, ~ U- o <~O C'J (Q < ~~ S::2 -- v::> = =, c;.....a ::~ u ~ Bradley L. Griffie, Esquire For Plaintiff/Petitioner Michelle Summers, Esquire For Defendant/Respondent Court Administrator :sal { .." ~ TODD BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 06-6351 CIVIL TERM VIRGINIA KINER Defendant : CIVIL ACTION - LAW : IN CUSTODY TO THE PROTHONOTARY OF SAID COURT: PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf 0 the Defendant Virginia Kiner, in the above- captioned. matter. DATE 00 PRAECIPE OF ENTRY OF APPEARANCE Please enter our appearances on behalf of the Defendant, Virginia Kiner, in the above- captioned matter. Respectfully submitted, ABOM & KUTULAKlS, LLP DATE~ ~CD_ DATE~ 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 \ - -. CERTIFICATE OF SERVICE AND NOW, this /sfL day of hiJrL~ ' 2006, I, Darlene F. Mellinger, Legal Assistant employed with ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Withdraw Appearance and Praecipe of Entry of Appearance by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 Respectfully submitted, ABOM & KUTULAKIS, LlJ> ~~ 77h~ Darlene F. Mellinger Legal Assistant DATE 1/- / J- 0& 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 () ~; r-.:> f.':::.) r-.,.::) 0' <1'1 C) (:) CO Y'~'~ - -- Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD BARRICK, v. CIVIL ACTION - LAW VIRGINIA M. KINER, Defendant : NO. CIVIL TERM : IN CUSTODY CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Virginia M Kiner, (hereinafter referred to as "Mother") and Todd A. Barrick, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of three children, namely Chelsey M Barrick born July 10, 1989, and Denver R. Barrick, born May 31, 1991, (hereinafter referred to as "Children"); WHEREAS, the parties do not reside together at this time and do not intend to reestablish cohabitation. WHEREAS, the parties wish to set forth the details of the agreed upon arrangements relative to physical and legal custody. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. The parties shall have shared legal custody of the children. ....-A _~ ,. 2. Physical custody of the children will be divided in the following manner: (A)Mother will have physical custody of the children for the school year, beginning from the last Friday of summer vacation before school begins until the first Friday immediately following the end of school. (B) Father shall have physical custody from the first Friday after school has ended until the last Friday of summer vacation before school begins for the following school year. 3. Father shall be entitled to have three days of physical custody with the children during the Christmas holiday season when Mother returns to the Carlisle area to celebrate Christmas. In the event Mother does not return to celebrate Christmas in the Carlisle area, Father will not be securing any periods of physical custody with the children for that Christmas. However, under no circumstances shall this occur for two consecutive years where Father does not have time with the children over the Christmas holiday season. 4. Father shall enjoy custody of the children for one-half of the children's Easter or Spring break, and one-half of their Thanksgiving break. 5. Mother will give Father no less than one weeks advance notice of any other time that Mother and the children will be in the Carlisle area, and arrangements will be made for Father to spend appropriate periods of time with the children during those visits. 6. During the summer vacation months, Mother shall be entitled to have custody of the children for up to two weeks, by giving Father no less than thirty (30) days written notice of her desire to exercise that week of custody. ........ - . 7. Children shall be entitled to routine telephone contact with the non-custodial parent at all reasonable times. 8. Transportation for Father's periods of physical custody shall be provided by Mother unless otherwise mutually agreed by the parties. 9. By entering into this Custody Agreement, the parties have considered their respective financial circumstances and, as such, Mother shall not initiate any action in Cumberland County, Pennsylvania or any other jurisdiction to secure child support or financial assistance of any nature from Father. In the event an attempt is made by Mother to secure child support or financial support from Father, Father shall be entitled to void this Agreement and pursue an action for custody of the children. 10. The parties shall keep each other advised in the event of serious illness or medical emergency 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 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. 11. Neither parent shall do anything which may estrange the children from the other party, injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children love and affection for the other party. 12. It is affirmed that the Court of Common Pleas of Pennsylvania, Cumberland County Branch, had jurisdiction over the issue of custody of the children in this case at the time the proceedings were initiated and, further, by agreement of the parties and Order of Court, the Court has retained jurisdiction over these matters so that it is appropriate for the Court to enter an Order of Court. Further, the parties request that the Court of ~--- Common Pleas of Pennsylvania, Cumberland County Branch, enter this as an Order of Court. 11. All prior Orders in this matter are hereby vacated. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: ~ C~~ /~e 11~1 Q (0 ~~2 TODD A. ARRICK ~~~.~ Michelle Sol11l1llr, Esquire j;;. / y / 0& Ii. 'A/lL1t /& Date VI~INIA M. KINER ("'') ~; -.., ~w~: ~ c;:.:> c.l.... % C""> , co o -n ~:!1 (.... -r) \ t.5.: .:) C"{ ;:~~(~\ '~..::!., (-"; '-5'" --\ ..~ -0 ~,.. ..;- t8 (.1) (.;'\ ,...... - , . DEe 0 8 2006 (/ TODD BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW VIRGINIA M. KINER, Defendant : NO. CIVIL TERM ()(p - (p 35 I C;v r I : IN CUSTODY ORDER OF COURT AND NOW this '9 da: Of~ ,2006, the attached Custody Stipulation and Agreement is hereby made an Order of Court and all prior Orders are vacated. J. ~ cc: ~ey L. Griffie, Esquire Attorney for Plaintiff ~le Sommer, Esquire /- ___n Attorney for Defendant ~