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HomeMy WebLinkAbout06-6499Q Suzanne Spencer Abel, Esq. 22 East Street, #6 Mt. Holly Springs, PA 17065 (717) 829-3206 spencer_abel esq@fastmail.fm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KARRIANN BARCLAY, Plaintiff v MATTHEW BARCLAY, Defendant No. 2006 CIVIL CIVIL ACTION - LAW DIVORCE & CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AV_ ISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mcis adelante en las siguientes p6ginas, debe tomar accion dentro de los prbximos veinte (20) dias despu6s de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radibando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 3!2 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Dauphin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at 717-255-2796. All arrangements must be made at least 72 hours prior o any hearing or business before the court. You must attend the scheduled conferEnce or hearing. IN THE !COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KARRIANN BARCLAY, Plaintiff No. 2006 - G Y9 9 CIVIL v MATTHEW BARCLAY, Defendant CIVIL ACTION - LAW DIVORCE & CUSTODY COMPLAINT FOR DIVORCE AND CUSTODY PURSUANT TO 23 P.S. § 3301(C) OR §3301(D) OF THE DIVORCE CODE COUNT 1 - COMPLAINT FOR DIVORCE AND NOW, this Uy day of November, 2006, comes Plaintiff, Karriann Barclay, by and through her 'attorney, Suzanne Spencer Abel, Esq., and who files the following Complaint for Divorce and Custody, and in support thereof avers as follows: 1. The Plaintiff is Karriann Barclay, currently residing at 335 Firehouse Road, Shippensburg, Pennsylvania 17257, Cumberland County, since 1998. 2. The Defendant is Matthew Barclay, currently residing at 335 Firehouse Road, Shippensburg, Pennsylvania 17257, Cumberland County, since 2003. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 17, 2003, in Chambersburg, Pennsylvania, Franklin County, and separated on January 1, 2005, when Defendant moved out of the marital bedroom. The parties have two minor 5. 6. 7. 8 children from the marriage. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that defendant may have the right to request that the court require the parties to participate in counseling. The parties do not own any real property that qualifies as marital property, subject to equitable distribution. COUNT 2 - COMPLAINT FOR PRIMARY CUSTODY 9. 10 Paragraphs 1 through 8 above are incorporated herein by reference. Plaintiff seeks primary physical custody of the following minor children: a. Landon Barclay DOB: 12/13/03 Age: 2 b. Matthew Barclay DOB: 10/10/05 Age: 1 The children were not born out of wedlock. The children are presently in the custody of both parties, residing at 335 Firehouse Road, Shippensburg, Pennsylvania. During the past 5 years, Landon and Matthew have resided with the following persons and at the following addresses: Page 2 a. From the date of each child's birth through the present, with Plaintiff, Karriann Barclay, Defendant, Matthew Barclay, at 335 Firehouse Road, Shippensburg, PA. 11 The mother of Landon and Matthew is Karriann Barclay, currently residing at 335 Firehouse Road, Shippensburg, Pennsylvania 17257, Cumberland County. She is married to the Defelndant. The father of Landon and Matthew is Matthew Barclay, currently residing at 335 Firehouse Road, Shippensburg, Pennsylvania 17257, Cumberland County. He is married to the Plaintiff. The relationship of the Plaintiff to Landon and Matthew is that of natural mother. Plaintiff currently resides with the following persons: a. Dakoda Taylor b. Landon Barclay c. Matthew Barclay d. Matthew Barclay 8 year old son of Plaintiff 2 year old son of Plaintiff 1 year old son of Plaintiff husband of Plaintiff 12. The relationship of the Defendant to Landon and Matthew is that of natural father. Defendant currently resides with the following persons: a. Dakoda Taylor b. Landon Barclay c. Matthew Barclay d. Karriann Barclay 8 year old son of Plaintiff 2 year old son of Plaintiff 1 year old son of Plaintiff wife of Defendant Page 3 13. Plaintiff has not participated as a party in other litigation concerning the custody of Landon and Matthew. 14. The best interests and permanent welfare of Landon and Matthew will be served by granting the relief requested because: a. Petitioner has shared physical and legal custody of Landon and Matthew since each child's birth; b. Petitioner has been solely responsible for the daily care of Landon and Matthew, both of whom are of tender years; c. Petitioner provides Landon and Matthew with a home with more than adequate moral, emotional and physical surroundings as required to meet each child's needs; d. Petitioner can and will ensure medical treatment for the children's psychological injuries; e. Petitioner provides a more continuously stable home environment; f. Petitioner lives on the same property with her mother and step-father, who have been a long-term, daily, positive influence, and who have helped provide for the physical, emotional and social needs of all three minor children since their respective births; g. Respondent's repeated relapses after voluntary detoxification renders Respondent unable to parent the children in any healthy, safe manner; h. Dakoda and Landon demonstrate anxiety and emotional and physical distress over the present family living arrangement; Page 4 i. Petitioner is, and has always been, willing to accept physical custody of Dakoda, Landon and Matthew. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: none. 16. Plaintiff believes the best interests of the minor children will be best served by granting her joint legal custody and sole physical custody of Landon and Matthew. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree of divorce, grant her shared legal custody and sole physical custody of the minor children. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree of Divorce, with joint legal custody and sole primary custody of the minor children, as permitted by statute. Respectfully submitted, Suzanne Spencer Abel, Attorney at Law Suz ne Spe cer Abel, sq. Atto ey ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 829-3206 spencer abel_esq@fastmail.fm Counsel for Plaintiff, Karriann Barclay Page 5 VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements 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 98 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: 11T Qx' CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Complaint for Divorce and Custody, along with the Expedited Petition for Special Relief, I am this day serving a copy of same by personal to the following: Home location: Work location Matthew Barclay 3135 Firehouse Road Shippensburg, PA 17257 Matthew Barclay c/o Burger King Walnut Bottom Road Slhippensburg, PA 17257 Date: I 8- /Jo (" ? S anne Sp ncer Abel 2 ast Street, #6 Mt. Holly Springs, PA 17065 (717) 829-3206 spencer abet esq@fastmail.fm +.1 Ali di o CIO c.' 0 rs - 7 7 Suzanne Spencer Abel, Esq. 22 East Street, #6 Mt. Holly Springs, PA 17065 (717) 829-3206 spencer abel_esq a@fastmail.fm IN THE'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KARRIANN BARCLAY, Plaintiff No. 2006 bggl CIVIL v CIVIL ACTION - LAW MATTHEW BARCLAY, : Defendant CUSTODY NOTICE YOU HAVE BEEN SLED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are sdrved, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS' PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mcis adelante en las siguientes paginas, debe tomar accion dentro de los prbximos veinte (20) dias despues de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandajs presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accioln como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A (PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Dauphin County is required by law to comply with the Americans with Disabilitijes Act of 1990. For information about accessible facilities and reasonable accommodaMtions available to disabled individuals having business before the court, please contact our office at 717-255-2796. All arrangements must be made at least 72 hours priori to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KARRIANN BARCLAY, Plaintiff No. 2006 G y 99 CIVIL v MATTHEW BARCLAY, Defendant CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, this 7 4 day of November, 2006, comes Plaintiff, Karriann Barclay, by and through her attorney, Suzanne Spencer Abel, Esq., and who files the following Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is Karriann Barclay, currently residing at 335 Firehouse Road, Shippensburg, Pennsylvania 17257, Cumberland County 2. The Defendant is Matthew Barclay, currently residing at 335 Firehouse Road, Shippensburg, Pennsylvania 17257, Cumberland County. 3. Plaintiff seeks physical custody of the parties' two minor children: a. Landon Barclay DOB: 12/13/03 Age: 2 b. Matthew Barclay DOB: 10/10/05 Age: 1 The children were not born out of wedlock. The children are presently in the custody of both parties, residing at 335 Firehouse Road, Shippensburg, Pennsylvania. Page 1 During the past 5 years, Landon and Matthew have resided with the following persons and at the following addresses: a. From the date of each child's birth through the present, with Plaintiff, Karriann Barclay, and Defendant, Matthew Barclay, at 335 Firehouse Road, Shippensburg, PA. 4 The mother of Landon and Matthew is Karriann Barclay, currently residing at 335 Firehouse Road, Shippensburg, Pennsylvania 17257, Cumberland County. She is married to the Defendant. The father of Landon and Matthew is Matthew Barclay, currently residing at 335 Firehouse Road, Shippensburg, Pennsylvania 17257, Cumberland County. He is married to the Plaintiff. The relationship of the Plaintiff to Landon and Matthew is that of natural mother. Plaintiff currently resides with the following persons: a. Dakoda Taylor b. Landon Barclay c. Matthew Barclay, d. Matthew Barclay 8 year old son of Plaintiff 2 year old son of Plaintiff 1 year old son of Plaintiff husband of Plaintiff 5. The relationship of the Defendant to Landon and Matthew is that of natural father. Defendant currently resides with the following persons: a. Dakoda Taylor b. Landon Barclay c. Matthew Barclay 8 year old son of Plaintiff 2 year old son of Plaintiff 1 year old son of Plaintiff Page 2 d. Karriann Barclay wife of Defendant 6. Plaintiff has not participated as a party in other litigation concerning the custody of Landon and Matthew. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does hot know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interests and permanent welfare of Landon and Matthew will be served by granting the relief requested because: a. Petitioner has shared physical and legal custody of Landon and Matthew since each child's birth; b. Petitioner has been solely responsible for the daily care of Landon and Matthew, both of whom are of tender years; c. Petitioner provides Landon and Matthew with a home with more than adequate moral, emotional and physical surroundings as required to meet each child's needs; d. Petitioner provides a more continuously stable home environment; e. Petitioner lives on the same property with her mother and step-father, who have been a long-term, daily, positive influence, and who have helped provide for the physical, emotional and social needs of all three minor children since their respective births; Page 3 f. Respondent's repeated relapses after voluntary detoxification renders Respondent unable to parent the children in any healthy, safe manner; g. Petitioner is, and has always been, willing to accept physical custody of Landon and Matthew. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: none. 9. Plaintiff believes the best interests of the minor children will be best served by granting her joint legal custody and sole physical custody of Landon and Matthew. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant joint legal custody and sole primary custody of the minor children to Plaintiff. Respectfully submitted, Suzanne Spencer Abel, Attorney at Law MAU I I )INR) Su Spenc r Abel, Esq. Attorn ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 829-3206 spencer abel_esq@fastmail.fm Counsel for Plaintiff, Karriann Barclay Page 4 VERIFICATION 1 VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements 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.C.S.A. §4904 relating to unsworn falsification to authorities. Date: 11 1 I ou a Barclay CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Complaint for Divorce and Custody, along with the Expedited Petition for Special Relief, I am this day serving a copy of same by personal to the following: Home location: Work location: Matthew Barclay 335 Firehouse Road Shippensburg, PA 17257 Matthew Barclay c% Burger King 38-40 Walnut Bottom Road Shippensburg, PA 17257 lla&,- Date: lid 645?fi &I ?06A 11.1 S za a Spender Abel 116 W 22 E t Street, #6 Mt. Holly Springs, PA 17065 (717) 829-3206 spencer abet esq@fastmail.fm ?`.' :=`a ? ?-. -n - ?,. _? -? --r- t _. _ c;.? r , µ:. ?_ y ?., .t , - ?.? ...? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KARRIANN BARCLAY, Plaintiff No. 2006 b qq CIVIL v MATTHEW BARCLAY, Defendant CIVIL ACTION - LAW DIVORCE & CUSTODY PETITION FOR SPECIAL RELIEF PURUSANT TO Pa.R.C.P.1916.13 AND NOW, this IV-_ day of November, 2006, comes Plaintiff, Karriann Barclay, by and through her attorney, Suzanne Spencer Abel, Esq., and who avers as follows: 1. The Petitioner is Karriann Barclay, Plaintiff in the above captioned matter. She is represented by legal counsel, Suzanne Spencer Abel, Esq. 2. The Respondent is Matthew Barclay, Defendant . in the above captioned matter. He is not represented by legal counsel. 3. The instant parties are the natural parents of two minor children: Landon Barclay, age 2, and Matthew Barclay, age 1, who are identified in the underlying Complaint for Custody. 4. From September 3, 2006 through September 6, 2006, Respondent voluntarily entered the Carlisle Regional Medical Center's psychiatric program to detoxify from alcohol, oxycodone, percacet, and vicodin addiction. Page 1 5. Beginning on September 7, 2006, and continuing through September 25, 2006, Petitioner has observed Respondent continuously under the influence of alcohol and narcotics. 6. While under the influence of alcohol and various narcotics, Respondent regularly and repeatedly verbally abuses Petitioner, the parties' two minor children identified in paragraph 3, and Petitioner's child from a previous relationship, Dakoda Taylor, age 8, who also resides with the parties. Respondent also makes repeated threats to the physical safety of Petitioner and the three minor children. 7. From September 25, 2006, through September 29, 2006, Respondent voluntarily entered Gaudenzia's Common Grounds in-patient program in Harrisburg, Pennsylvania. Respondent has subsequently advised Petitioner that the only thing he learned at the program was where to buy heroin. 8. In late September 2006, as Petitioner was holding the parties' 2-year-old child, Respondent pulled Petitioner's hair, pulling her backwards off the chair upon which she was sitting, causing Petitioner to fall to the floor while holding onto the child. 9. Also in late September 2006, Respondent purposefully slammed a doorknob into Petitioner's back, causing Petitioner great pain and to lose her balance and stumble. 10. Beginning on September 30, 2006, and continuing through the present, Petitioner has once again observed Respondent continuously under the influence of alcohol and various narcotics. Page 2 11. On a daily basis since September 30, 2006, Respondent references Petitioner, inter alia, as a "fat fucking cunt of a bitch," in front of the minor children. Respondent daily threatens to kill Petitioner, and to sell and/or adopt-out the minor children, again in front of the minor children. 12. Throughout October 2006, Respondent regularly told Petitioner that she is stupid, to shut up, that she doesn't know anything, and that she should go to her bedroom any time Petitioner disagreed with Respondent's parenting or his instructions to her. These disrespectful and disparaging comments always occurred in front of the minor children. 13. On November 6, 2006, Respondent told Landon, "Boy, I outta smack the shit out of you" when the child was fussing for his bottle. Respondent, in an uncontrolled fit of rage over the child's fussing, thereupon smacked the child on his backside. Respondent then threatened to "fuck up" Landon if he made another noise after being struck. 14. The two older minor children have begun to exhibit behavior patterned like Respondent's behavior, to wit, the children assault each other, particularly the one-year-old baby, and therefore require constant supervision. Further, Dakoda expresses fear and sadness that his step-dad hates him and wants him gone. 15. Petitioner believes and, therefore, avers that the escalating verbal and physical threats and abuse she and the minor children are being subjected to by Respondent is harmful to the emotional, social, and physical development of the children; and further constitutes an imminent threat to their safety in light of Page 3 Petitioner's Complaint for Divorce and Custody filed contemporaneously with this Petition. 16. Petitioner requests this Honorable Court to enter a temporary order immediately evicting and excluding Respondent from the marital residence, and awarding temporary exclusive custody of the minor children to Petitioner, pending a hearing on the matter. 17. The best interests and temporary welfare of Dakoda, Landon, and Matthew. will be served by granting the special relief requested because: a. Petitioner has been solely responsible for the daily care of Landon and Matthew, both of whom are of tender years; b. Petitioner provides Landon and Matthew with a home with more than adequate moral, emotional and physical surroundings as required to meet each child's needs; c. Petitioner does and will continue to ensure medical treatment for the children's psychological and physical injuries; d. Petitioner provides a more continuously stable home environment; e. Petitioner lives on the same property with her mother and step-father, who have been a long-term, daily, positive influence, and who have helped provide for the physical, emotional and social needs of all three minor children since their respective births; f. Respondent's repeated relapses after voluntary detoxification renders Respondent unable to care for the children in a healthy, safe manner; Page 4 g. Dakoda and Landon demonstrate anxiety and emotional and physical distress over the present family living arrangement; h. Petitioner is, and has always been, willing to accept physical custody of Dakoda, Landon and Matthew. 18. Petitioner believes the best interests of the minor children's immediate physical and emotional health and safety will be best served by granting her temporary exclusive physical custody of the minor children. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a temporary Order immediately evicting and excluding Respondent from the marital residence together with excluding any contact with Petitioner and the minor children, and awarding temporary exclusive custody of the minor children to Petitioner, pending a hearing on the matter. Respectfully submitted, Suzanne Spencer Abel, Attorney at Law 1? 101 ]11] v a, Y- I , - u ne 1 e cer Abel, Es . Atto ey ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 829-3206 spencer abel_esq@fastmail.fm Counsel for Plaintiff, Karriann Barclay Page 5 VERIFICATION I VERIFY that 1 have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements 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.C.S.A. §4904 relating to unsworn falsification to authorities. Date: 11 "11 y CQ rri n Barclay CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Complaint for Divorce and Custody, along with the Expedited Petition for Special Relief, I am this day serving a copy of same by personal to the following: Home location: Work location: Matthew Barclay 335 Firehouse Road Shippensburg, PA 17257 Matthew Barclay c/o Burger King Walnut Bottom Road Shippensburg, PA 17257 Date: k(4 1 Suz a Spen r Abel 22 t Street, #6 Mt. Holly Springs, PA 17065 (717) 829-3206 spencer abel_esq@fastmail.fm t > r:? ; I Gov o s 7,,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KARRIANN BARCLAY, Petitioner No. 2006 q9 CIVIL v CIVIL ACTION - LAW MATTHEW BARCLAY, Respondent DIVORCE & CUSTODY TEMPORARY ORDER AND NOW, this day of November, 2006, upon consideration of the foregoing Petition for Expedited Special Relief pursuant to Pa.R.C.P. 1915.13, t is hereby ordered that 1. A hearing on the Petition for Expedited Special Relief is scheduled for 14"!e / !;?r , the 3 day of November, 2006, at y-.t04D o'clock #0 pm, in Courtroom # %3, 4th Floor of the Cumberland County Courthouse. -A Reepe ,r U 11-w I 1--,Z mdeM -aft-if L--..- t er f rd ctly ly J. rt rt p :7.?a n Tii O )?) cl* KARRIANN BARCLAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-6499 CIVIL ACTION LAW MATTHEW BARCLAY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 09, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 08, 2006 at 9:30 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/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -# --W 41(dg ?O- b - /I 300? A ON 900, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KARRIANN BARCLAY, Plaintiff No. 2006 - 6499 CIVIL v CIVIL ACTION - LAW MATTHEW BARCLAY, Defendant DIVORCE & CUSTODY CERTIFICATE OF SERVICE I certify that, on the date marked below, I hand delivered certified copies of the Complaints for Divorce and Custody, along with the Expedited Petition for Special Relief, to Defendant, Matthew Barclay's, counsel of record, as follows: Andrew Shaw, Esq. 200 South Spring Garden Street Suite 11 Carlisle, PA 17013 Date: l l 4Y-6 ?a 5SI.bjj'Llv ?krmaw Suzan Spencer Abel 22 Ea Street, #6 Mt. Holly Springs, PA 17065 (717) 829-3206 spencer abel_esq@fastmail.fm Counsel for Plaintiff, Karriann Barclay C) y { " 77 w cf; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KARRIANN BARCLAY, Plaintiff No. 2006 - 6499 CIVIL v CIVIL ACTION - LAW MATTHEW BARCLAY, Defendant DIVORCE & CUSTODY AFFIDAVIT OF SERVICE I certify that, on the date marked below, I hand delivered certified copies of the Complaints for Divorce and Custody, along with the Expedited Petition for Special Relief, to Defendant, Matthew Barclay's, counsel of record, as follows: Andrew Shaw, Esq. 200 South Spring Garden Street, Suite 11 Carlisle, PA 17013 Date: 1 & ?'fi ]I 1, 0 5?ouuad Su nne Spe cer Abel 22 st Street, #6 Mt. Holly Springs, PA 17065 (717) 829-3206 spencer_abel_esq@fastmail.fm Commonwealth of Pennsylvania } i / ) AA: County of Ll-et'Y?lQ?iiC! ) Before me, the undersigned notary ublic, this day, personally appeared v1 C ?2pt PQknown tome, who being duly sworn according to law, swears and affums to the statement as written above, under penalty of law pursuant to 18 Pa.C.S.A. §4903, relating to false swearing. L L0 (Signature of Affiant) Subscribed and sworn to before me this ls-- y of ff'A Lo?011 t ? 4 -1 0a 110& . c NOTARIAL SEAL Notary Public CLAUDIA P BREWBAKER NOTARY PUBLIC Carlisle Bora Cumberland County My Commissior Expires ApM 4, 2009 c C7? - C3"Y KARRIANN BARCLAY, DAKODA TAYLOR, LANDON BARCLAY, MATTHEW BARCLAY, Plaintiff V. MATTHEW BARCLAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6499 CIVIL TERM CIVIL ACTION - LAW DIVORCE & CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 1st day of December, 2006, by agreement of the parties, the petition for special relief is resolved on the terms as articulated on the record. Suzanne Spencer Able, Esquire ` For the Plaintiff \ Andrew H. Shaw, Esquire For the Defendant srs Edward E. Guido, J. ZS yZ Hid ?- 33090OZ A'b`1v JS'd 3HI JO ':? f? Cl? ' 4 KARRIANN BARCLAY, DAKODA IN THE COURT OF COMMON PLEAS OF TAYLOR, LANDON BARCLAY, CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW BARCLAY, Plaintiff V. NO. 06-6521 CIVIL TERM MATTHEW BARCLAY, CIVIL ACTION - LAW Defendant PROTECTION FROM ABUSE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - KARRIANN BARCLAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-6499 CIVIL TERM MATTHEW BARCLAY, CIVIL ACTION - LAW V Defendant DIVORCE & CUSTODY TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE EDWARD E. GUIDO, J. Cumberland County Courthouse, Carlisle, Pennsylvania on Friday, December 1, 2006, in Courtroom No. 3 APPEARANCES: SUZANNE SPENCER ABLE, Esquire For the Plaintiff ANDREW H. SHAW, Esquire For the Defendant 1 THE COURT: Good afternoon. I know I have a 2 hearing on a PFA. I think there was also a special relief. 3 Were they filed to the same term or number? 4 MS. ABLE: No, they were not, Your Honor. 5 The PFA is a separate doc ket number. 6 THE COURT: But I understand you're going to 7 articulate a resolution? 8 MS. ABLE: Yes, Your Honor. By consent of 9 the parties, there was an agreement to withdraw the PFA at 10 this time and request an Order under the Petition For 11 Special Relief. 12 THE COURT: The PFA is filed at 06-6521, and 13 I'll enter the following Order there: 14 "AND NOW, this 1st day of December, 2006, by 15 agreement of the parties, this matter is dismissed without 16 prejudice." 17 Now, do yo u want to articulate what the 18 agreement is at -- and gi ve the term and number. I don't 19 have that file for some r eason. 20 MR. SHAW: The term is 2006, Docket No. 6499. 21 THE COURT: Okay. 22 MS. ABLE: Your Honor, the parties have 23 agreed that the Plaintiff will have exclusive custody of the 24 marital residence. They have agreed that there will be no 25 contact by the Defendant or any third party on his behalf. 2 1 THE COURT: Other than counsel? 2 MR. SHAW: I'm sorry? 3 THE COURT: Other than through counsel? 4 MS. ABLE: Yes, sir. 5 MR. SHAW: That's correct. 6 MS. ABLE: That would constitute abuse, 7 stalking, harassment, or any other conduct that's prohibited 8 under the PFA. 9 THE COURT: That would include counsel, too, 10 then? 11 MS. ABLE: Yes, sir. And that no contact 12 provision would apply to the Plaintiff, the minor children, 13 and the Plaintiff's famil y. 14 THE COURT: Just so I am clear, is it no 15 contact, or no contact that constitutes abuse, harassment, 16 stalking -- 17 MR. SHAW: That's correct. 18 MS. ABLE: The second one, Your Honor, no 19 contact that constitutes abuse, harassment, stalking, 20 et cetera. 21 THE COURT: Got it. 22 MS. ABLE: The parties have agreed that the 23 Defendant will have supervised visitation, to be arranged 24 through Cumberland County Children and Youth, and our 25 expectation is that that first visitation will occur prior 3 1 to December 12th, when the parties have a conciliation 2 hearing. 3 THE COURT: Does Children and Youth have an 4 open case on this? 5 MS. ABLE: They have a case -- it was opened 6 and closed in September -- so it will be reopened. 7 THE COURT: I'm not sure -- 8 MR. SHAW: We would prefer -- our first 9 contact would be with Children and Youth. If it's unable to 10 go through Children and Youth, some alternate -- 11 THE COURT: Okay. I was just going to say, 12 Children and Youth may not facilitate this unless there is 13 an open case with an allegation of dependency. 14 MR. SHAW: It was our understanding that if 15 they would not provide for that they would refer us to the 16 proper entity that would allow for some form of supervised 17 visitation, whether that be the YMCA or something like that. 18 THE COURT: Okay. Good enough. 19 MS. ABLE: The parties have agreed that the 20 Defendant will perform weekly drug tests that include 21 alcohol, marijuana, his prescription medications, as well as 22 the street drugs cocaine, methamphetamines, and -- and that 23 was it. 24 MR. SHAW: It is clear, though -- I do want 25 to make clear on the record under that provision that the 4 1 Defendant is permitted to continue consuming the 2 prescription medications as prescribed by his treating 3 physician. 4 THE COURT: Okay. I'm going to be entering 5 this as an Order of Court. I'm not sure that I have the 6 right to require him to do those things, but mother can 7 withhold visitation if he doesn't. Is that what you're 8 saying? 9 MS. ABLE: That is our understanding. 10 MR. SHAW: Yes. 11 MS. ABLE: And the costs of those tests to be 12 borne by the Defendant. The parties do share joint legal 13 custody. Primary physical custody will remain with the 14 mother. 15 The parties have agreed that the Defendant 16 will pay directly to the Plaintiff, on or before the 18th of 17 each month, by money order or other cash equivalent, an 18 amount of $130.00 for payment of the vehicle that the 19 Defendant is in possession of. There is a loan out on that, 20 and that covers the loan payment. 21 The parties have also agreed that the 22 Defendant will make arrangements with the constable to go to 23 the marital residence and to retrieve his tools, his 24 clothes, his bicycle, and his dogs, and that I will be there 25 to assist. 5 1 THE COURT: Just so we're clear, you're going 2 to be there to watch; you're not going to help them load up 3 the -- 4 MS. ABLE: I will be there to unlock the door 5 so that they can have authorized entry. 6 THE COURT: Okay. 7 MR. SHAW: The only other matter that I see 8 that we need to cover is that the Defendant shall be 9 permitted to make phone contact with the children prior to 10 8:00 p.m. on a daily basis. 11 THE COURT: Okay. Does that cover the entire 12 agreement then? 13 MS. ABLE: That is my understanding. 14 MR. SHAW: Yes. 15 THE COURT: Sir, you've heard the terms of 16 that agreement. Are you in accord with that? 17 MR. BARCLAY: Yes, Your Honor. 18 THE COURT: Ma'am? 19 MS. BARCLAY: Yes. 20 MS. ABLE: Your Honor, one of the conditions 21 of the supervised visitation is that the Defendant enter and 22 maintain his treatment program. Our understanding is that 23 he has obtained an initial appointment for the 7th of 24 December, and it is our anticipation that with the 25 conciliation hearings we will be able to keep track of that, 6 1 but all of this is premised on his ongoing compliance with 2 his treatment. 3 THE COURT: Is that correct? 4 MR. BARCLAY: Yes, Your Honor. 5 THE COURT: Okay. Good. 6 (The following Order was entered by the 7 Court:) 8 "AND NOW, this 1st day of December, 2006, by 9 agreement of the parties, the Petition For Special Relief is 10 resolved on the terms as articulated on the record." 11 THE COURT: Do you want this transcribed and 12 made part of the Order, or do you envision living by this 13 for now and signing some type of -- 14 MR. SHAW: For financial assistance purposes, 15 it might be best for my client to have a written Order for 16 the sole reason of the drug tests. It might help him in 17 financial assistance if he can present them with a Court 18 Order that he is required to obtain this. 19 THE COURT: Then what I'll have you do is 20 just submit a stipulated order. We have this of record. If 21 there's any doubt, either party can get it transcribed at 22 their request. 23 MR. SHAW: That's fine. Thank you. 24 THE COURT: Okay, Counsel. Good job. 25 (Court was adjourned.) 7 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. rte. .ri r - - Susan Rice Stoner Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. );/1110? Date Edward E. Guido, J. 8 80 :9 W Z 13--io 9 IIz 3A ?O DEC 12 20 (yn`l / KARRIANN BARCLAY, Plaintiff v MATTHEW BARCLAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6499 IN CUSTODY CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of December, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Karriann Barclay, shall enjoy legal and primary physical custody of Landon Barclay, born December 13, 2003, and Matthew Barclay, born October 10, 2005. 2. The Father shall enjoy periods of temporary custody with the minor children as follows: A. One day a week for four hours which visitation shall be supervised by the paternal uncle and aunt, Ralph and Mary Kell, or some other individual agreed upon by the Mother. Mother shall handle transportation for exchange of custody unless the parties agree otherwise. B. The supervised visitation arrangement shall be such that the supervising family members shall not allow the Father to take the minor children outside of the home unless they are accompanied by the supervising family members. Additionally, in the event of any concerns Mother may have relative to the appropriateness of the supervision, Mother's counsel may contact the Custody Conciliator directly to schedule a telephone conference with the attorneys and the Custody Conciliator after which the Custody Conciliator may suggest an Amended Order to this Court. 3. The supervised visitation shall continue until either party feels it needs to be modified and, in the event the parties cannot agree upon a modification of this Order, counsel for either party may contact the Custody Conciliator directly to schedule another conference. Cc: Azanne Spencer Abel, Esquire /Andrew H. Shaw, Esquire J ?. " ??q Edward E. Guido, Judge i . ? 1 + n 0 0 : ! 413 +j ? 1 010 Socz • KARRIANN BARCLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. 06-6499 CIVIL ACTION - LAW MATTHEW BARCLAY, IN CUSTODY Defendant Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Landon Barclay, born December 13, 2003 Matthew Barclay, born October 10, 2005 2. A conciliation conference was held on December 8, 2006, with the following individuals in attendance: The Mother, Karriann Barclay, with her counsel, Suzanne Spencer Abel, Esquire The Father, Matthew Barclay, with his counsel, Andrew H. Shaw, Esquire 3. The parties separated in early November and there was a PFA filed by Wife against Husband which was later withdrawn. However, the parties also appeared before Judge Guido for a special relief hearing where they reached some type of an agreement. There are various allegations with respect to Father's drug use, etc. However, Father is in agreement to limit his time with the children to supervised visitation. The Mother would like to see the Father get into parenting classes, verify his drug and alcohol treatment and other requirements before any supervised visitation would be expanded or before Father would even have a chance of unsupervised visitation. visitation would be expanded or before Father would even have a chance of unsupervised visitation. 4. As far as a custody Order, Mother works during the day and she works different days during the week so she will sometimes be off on weekdays and sometimes off on weekends. Father is not working because he alleges he is disabled. Accordingly, the visitation schedule should be subject to Mother's work schedule. Additionally, because of the supervising and because Father has limited options for supervision and limited options for transportation, we need to accommodate the Mother's schedule relative to visitation. 5. The Conciliator recommends an Order in the form as attached. Date: December , 2006 H rt quire C Conciliator I? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KARRIANN BARCLAY, Petitioner No. 2006-7085 ?PyqR v MATTHEW BARCLAY, Respondent CIVIL ACTION - LAW DIVORCE & CUSTODY EXPEDITED PETITION FOR CONTEMPT AND NOW, this 23rd day of January 2007, comes Petitioner, Karriann Barcl , by and through her attorney, Suzanne Spencer Abel, Esq., and who avers as follows: 1. The Petitioner is Karriann (Calaman) Barclay, Plaintiff in the above captioned matter. She is represented by legal counsel, Suzanne Spencer Abel, Esq. 2. The Respondent is Matthew Barclay, Defendant in the above captioned matter. He is no longer represented by legal counsel. 3. A Petition for Special Relief was filed by Petitioner on November 7, 2006. A true and correct copy of the Petition is attached as Exhibit A. 4. A Stipulated Agreement was made a part of the record in proceedings before the Honorable Judge Guido held on December 1, 2006. A true and correct copy of the Transcript of Proceedings is attached as Exhibit B. 5. At that proceeding, Respondent Matthew Barclay agreed, inter alia, to maintain financial responsibility of Petitioner's vehicle that Respondent was keeping i his possession (see page 5). 6. On or about January 20, 2007, Petitioner received a notice from the finance company holding title to the subject vehicle that Respondent failed to maintain Page 1 insurance for the vehicle. A true and correct copy of the letter is attached as Exhibit C. 7. On or about January 22, 2007, Petitioner received notice from the finance company that Respondent failed to make the monthly car payment due for January 2007. 8. Since Petitioner is the legal owner of the vehicle, she alone is legally responsible for maintaining insurance and timely loan payments. 9. Petitioner's insurance company, Erie Insurance, will not insure the vehicle unless and until it is in Petitioner's actual physical possession. 10. Respondent confirmed to Petitioner that he continues to operate the vehicle, and does not intend to re-acquire insurance or make any court ordered loan payments. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order finding Respondent in Contempt, and further directing the Sheriffs Department / Pennsylvania State Police to immediately return possession of the 1994 Jeep Cherokee to Karriann Calaman Barclay. Respectfully submitted, Spencer Abel Law Office Suzage Sperker Abel, Esq. Attorney ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 spencer abel_esq@fastmail.fm Counsel for Petitioner, Karriann Barcla Page 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KARRIANN BARCLAY, Llqqq Petitioner: No. 2006-7M v CIVIL ACTION - LAW MATTHEW BARCLAY, Respondent DIVORCE & CUSTODY VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth i? the foregoing pleading, and that such statements are true and correct to the best of m knowledge, information and belief. 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 ILS 16? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KARRIANN BARCLAY, Plaintiff No. 2006 6 W 6 'CIVIL v MATTHEW BARCLAY, CIVIL ACTION - LAW Defendant DIVORCE & CUSTODNP r PETITION FOR SPECIAL RELIEF PURUSANT TO Pa.R.C.P. 1915.13 ? -_ -,- - _T AND NOW, this ! day of November, 22006, comes Plaintiff, arr' Y ,, K?ann Barclay, by and through her attorney, Suzanne Spencer Abel, Esq., and who aveV? as--: follows: 1. 2. 3. 4. The Petitioner is Karriann Barclay, Plaintiff in the above captioned matter. She is represented by legal counsel, Suzanne Spencer Abel, Esq. The Respondent is Matthew Barclay, Defendant . . in the above captioned matter. He is not represented by legal counsel. The instant parties are the natural parents of two minor children: Landon Barclay, age 2, and Matthew Barclay, age 1, who are identified in the underlying Complaint for Custody. From September 3, 2006 through September 6, 2006, Respondent voluntarily entered the Carlisle Regional Medical Center's psychiatric program to detoxify from alcohol, oxycodone, percacet, and vicodin addiction. Page 1 Ex*6 17- /4 5. Beginning on September 7, 2006, and continuing through September 25, 20061 Petitioner has observed Respondent continuously under the influence of alcohol and narcotics. 6. While under the influence of alcohol and various narcotics, Respondent regularly and repeatedly verbally abuses Petitioner, the parties' two minor children identified in paragraph 3, and Petitioner's child from a previous relationship, Dakoda Taylor, age 8, who also resides with the parties. Respondent also makes repeated threats to the physical safety of Petitioner and the three minor children. 7. From September 25, 2006, through September 29, 2006, Respondent voluntarily entered Gaudenzia's Common Grounds in-patient program in Harrisburg, Pennsylvania. Respondent has subsequently advised Petitioner that the only thing he learned at the program was where to buy heroin. 8. In late September 2006, as Petitioner was holding the parties' 2-year-old child, Respondent pulled Petitioner's hair, pulling her backwards off the chair upon which she was sitting, causing Petitioner to fall to the floor while holding onto the child. 9. Also in late September 2006, Respondent purposefully slammed a doorknob into Petitioner's back, causing Petitioner great pain and to lose her balance and stumble. 10. Beginning on September 30, 2006, and continuing through the present, Petitioner has once again observed Respondent continuously under the influence of alcohol and various narcotics. Page 2 11. On a daily basis since September 30, 2006, Respondent references Petitioner, inter a/ia, as a "fat fucking cunt of a bitch," in front of the minor children. Respondent daily threatens to kill Petitioner, and to sell and/or adopt-out the minor children, again in front of the minor children. 12. Throughout October 2006, Respondent regularly told Petitioner that she is stupid, to shut up, that she doesn't know anything, and that she should go to her bedroom any time Petitioner disagreed with Respondent's parenting or his instructions to her. These disrespectful and disparaging comments always occurred in front of the minor children. 13. On November 6, 2006, Respondent told Landon, "Boy, I outta smack the shit out of you" when the child was fussing for his bottle. Respondent, in an uncontrolled fit of rage over the child's fussing, thereupon smacked the child on his backside. Respondent then threatened to "fuck up" Landon if he made another noise after being struck. 14. The two older minor children have begun to exhibit behavior patterned like Respondent's behavior, to wit, the children assault each other, particularly the one-year-old baby, and therefore require constant supervision. Further, Dakoda expresses fear and sadness that his step-dad hates him and wants him gone. 15. Petitioner believes and, therefore, avers that the escalating verbal and physical threats and abuse she and the minor children are being subjected to by Respondent is harmful to the emotional, social, and physical development of the children; and further constitutes an imminent threat to their safety in light of Page 3 Petitioner's Complaint for Divorce and Custody filed contemporaneously with this Petition. 16. Petitioner requests this Honorable Court to enter a temporary order immediately evicting and excluding Respondent from the marital residence, and awarding temporary exclusive custody of the minor children to Petitioner, pending a hearing on the matter. 17. The best interests and temporary welfare of Dakoda, Landon, and Matthew. will be served by granting the special relief requested because: a. Petitioner has been solely responsible for the daily care of Landon and Matthew, both of whom are of tender years; b. Petitioner provides Landon and Matthew with a home with more than adequate moral, emotional and physical surroundings as required to meet each child's needs; c. Petitioner does and will continue to ensure medical treatment for the children's psychological and physical injuries; d. Petitioner provides a more continuously stable home environment; e. Petitioner lives on the same property with her mother and step-father, who have been a long-term, daily, positive influence, and who have helped provide for the physical, emotional and social needs of all three minor children since their respective births; f. Respondent's repeated relapses after voluntary detoxification renders Respondent unable to care for the children in a healthy, safe manner; Page 4 g. Dakoda and Landon demonstrate anxiety and emotional and physical distress over the present family living arrangement; h. Petitioner is, and has always been, willing to accept physical custody of Dakoda, Landon and Matthew. 18. Petitioner believes the best interests of the minor children's immediate physical and emotional health and safety will be best served by granting her temporary exclusive physical custody of the minor children. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a temporary Order immediately evicting and excluding Respondent from the marital residence together with excluding any contact with Petitioner and the minor children, and awarding temporary exclusive custody of the minor children to Petitioner, pending a hearing on the matter. Respectfully submitted, Suzanne Spencer Abel, Attorney at Law f 1 ? y' q n ` ? UR?u ne pe cer Abel, S4. Atto ey ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 829-3206 spencer abet esq@fastmail.fm Counsel for Plaintiff, Karriann Barclay Page 5 KARRIANN BARCLAY, DAKODA IN THE COURT OF COMMON PLEAS OF TAYLOR, LANDON BARCLAY, CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW BARCLAY, Plaintiff V. NO. 06-6521 CIVIL TERM MATTHEW BARCLAY, CIVIL ACTION - LAW Defendant PROTECTION FROM ABUSE - - - - - - - - - - - - - - - - - - - - - - -AR- RIPININ-BARCLAY, - - - - - - - - - IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-6499 CIVIL TERM ilL::TTHEW BARC LAY , CIVIL ACTION - LAW Defendant DIVORCE & CUSTODY TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE EDTPARD E. GUIDO, J. Cumberland County Courthouse, Carlisle, Pennsylvania on Friday, December 1, 2006, in Courtroom No. 3 APPEARANCES: S?dZANNE SPENCER ABLE, Esquire 1, or the Plaintiff ANDREW H. SHAW, Esquire For the Defendant Emi pi /-r A 1 THE COURT: Good afternoon. I know I have a 2 hearing on a PFA. I think there was also a special relief. 3 Were they filed to the same term or number? 4 MS. ABLE: No, they were not, Your Honor. 5 The PFA is a separate docket number. 6 THE COURT: But I understand you're going to 7 articulate a resolution? 8 MS. ABLE: Yes, Your Honor. By consent of 9 the parties, there was an agreement to withdraw the PFA at 10 this time and request an Order under the Petition For 11 Special Rel_ef. 12 THE COURT: The PFA is filed at 06-6521, and 13 I'll enter the following Order there: 14 "AND NOW, this 1st day of December, 2006, by 15 agreement of the parties, this matter is dismissed without 16 prejudice." 17 Now, do you want to articulate what the 18 agreement is at -- and give the term and number. I don't 19 have that file for some reason. 20 MR. SHAW: The term is 2006, Docket No. 6499. 21 THE COURT: Okay. 22 MS. ABLE: Your Honor, the parties have 23 agreed that the Plaintiff will have exclusive custody of the 24 marital residence. They have agreed that there will be no 25 contact by the Defendant or any third party on his behalf. 2 1 THE COURT: Other than counsel? 2 MR. SHAW: I'm sorry? 3 THE COURT: Other than through counsel? 4 MS. ABLE: Yes, sir. 5 MR. SHAW: That's correct. 6 MS. ABLE: That would constitute abuse, 7 stalking, harassment, or any other conduct that's prohibited 8 under the PFA. 9 THE COURT: That would include counsel, too, 10 then? 11 MS. ABLE: Yes, sir. And that no contact 12 provision would apply to the Plaintiff, the minor children, 13• and the Plaintiff's family. 14 THE COURT: Just so I am clear, is it no 15 contact, or no contact that constitutes abuse, harassment, 16 stalking -- 17 MR. SHAW: That's correct. 18 MS. ABLE: The second one, Your Honor, no 19 contact that consti tutes abuse, harassment, stalking, 20 et cetera. 21 THE COURT: Got it. 22 MS. ABLE: The parties have agreed that the 23 Defendant will have supervised visitation, to be arranged 24 through Cumberland County Children and Youth, and our 25 expectation is that that first visitation will occur prior 3 1 to December 12th, when the parties have a conciliation 2 hearing. 3 THE COURT: Does Children and Youth have an 4 open case on this? .-as on-enecl 6 and closed in September -- so it will be reopened. 7 THE COURT: I'm not sure -- 8 MR. SHAW: We would prefer -- our first 9 contact would be with Children and Youth. If it's unable to 10 go through Children and Youth, some alternate -- i1 THE COURT: Okay. I was just going to say, 12 Children and Youth may not facilitate this unless there is 13 an open case with an allegation of dependency. 14 MR. SHAW: It was our understanding that if 15 they would not provide for that they would refer us to the 16 proper entity that would allow for some form of supervised 17 visitation, whether that be the YMCA or something like that. 18 THE COURT: Okay. Good enough. 19 MS. ABLE: The parties have agreed that the 20 Defendant will perform weekly drug tests that include 21 alcohol, marijuana, his prescription medications, as well as 22 the street drugs cocaine, methamphetamines, and -- and that 23 was it. 24 MR. SHAW: It is clear, though -- I do want 25 to make clear on the record under that provision that the 4 1 Defendant is permitted to continue consuming the 2 prescription medications as prescribed by his treating 3 physician. 4 THE COURT: Okay. I'm going to be entering the 6 right to require him to do those things, but mother can 7 withhold visitation if he doesn't. Is that what you're 8 saying? 9 MS. ABLE: That is our understanding. 10 MR. SHAW: Yes. 11 MS. ABLE: And the costs of those tests to be 12 borne by the Defendant. The parties do share joint legal 13 custody. Primary physical custody will remain with the 14 mother. 15 The parties have agreed that the Defendant 16 will pay directly to the Plaintiff, on or before the 18th of 17 each month, by money order or other cash equivalent, an 18 amount of $130.00 for payment of the vehicle that the 19 Defendant is in possession of. There is a loan out on that, 20 and that covers the loan payment. 21 The parties have also agreed that the 22 Defendant will make arrangements with the constable to go to 23 the marital residence and to retrieve his tools, his 24 clothes, his bicycle, and his dogs, and that I will be there 25 to assist. 5 1 THE COURT: Just so we're clear, you're going 2 to be there to watch; you're not going to help them load up 3 the -- 4 MS. ABLE: I will be there to unlock the door 6 THE COURT: Okay. 7 MR. SHAW: The only other matter that I see 8 that we need to cover is that the Defendant shall be 9 permitted to make phone contact with the children prior to 10 8:00 p.m. on a daily basis. 11 THE COURT: Okay. Does that cover the entire 12 agreement then? 13 MS. ABLE: That is. my understanding. 14 MR. SHAW: Yes. 15 THE COURT: Sir, you've heard the terms of 16 that agreement. Are you in accord with that? 17 MR. BARCLAY: Yes, Your Honor. 18 THE COURT: Ma'am? 19 MS. BARCLAY: Yes. 20 MS. ABLE: Your Honor, one of the conditions 21 of the supervised visitation is that the Defendant enter and 22 maintain his treatment program. Our understanding is that 23 he has obtained an initial appointment for the 7th of 24 December, and it is our anticipation that with the 25 conciliation hearings we will be able to keep track of that, 6 1 but all of this is premised on his ongoing compliance with 2 his treatment. 3 THE COURT: Is that correct? 4 MR. BARCLAY: Yes, Your Honor. 5 THE COURT: Okay. Good. 6 (The following Order was entered by the 7 Court:) 8 "AND NOW, this 1st day of December, 2006, by 9 agreement of the parties, the Petition For Special Relief is 10 resolved on the terms as articulated on the record." 11 THE COURT: Do you want this transcribed and 12 made part of the order, or do you envision living by this 13 for now and signing some type of -- 14 MR. SHAW: For financial assistance purposes, 15 it might be best for my client to have a written Order for 16 the sole reason of the drug tests. It might help him in 17 financial assistance if he can present them with a Court 18 Order that he is required to obtain this. 19 THE COURT: Then what I'll have you do is 20 just submit a stipulated order. We have this of record. If 21 there's any doubt, either party can get it transcribed at 22 their request. 23 MR. SHAW: That's fine. Thank you. 24 THE COURT: Okay, Counsel. Good job. 25 (Court was adjourned.) 7 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Susan Rice Stoner Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. );Il(IDG Date Edward E. Guido, J. 8 Am Gen Fin Svcs or affiliate 01/12/2007 P.O. Box 3893 Evansville, IN 47737-3893 KARRIANN L. BARCLAY 335 FIRE HOUSE RD SHIPPENSBURG, PA 17257-9761 Dear KARRIANN L. BARCLAY, RE: Account # 13495331-20040312 First Notice Your loan agreement with us requires that you maintain collision and comprehensive insurance coverage on the collateral used to secure your loan. The insurance must list Am Gen Fin Svcs or affiliate as loss payee. Upon review of our files, we were unable to find current proof of adequate insurance for the following vehicle: 1994 JEEP CHEROKEE 1 J4FJ78S 1 RL 100197 Please provide proof adequate insurance is in effect on the collateral so we can update our files. If we do not receive this by 01/27/2007, we may, at our option, add coverage to insure our interest in the collateral. The premium for this insurance will be $63.00. The coverage will be effective 01/05/2007 and expire on 08/05/2007. The premium plus interest will be added to your account. It is to your advantage to obtain insurance coverage from a company or agent of your choice. The cost of any coverage we obtain may be substantially more than insurance purchased through your agent. THE COVERAGE WE OBTAIN FOR YOUR VEHICLE: • WILL ONLY COVER OUR INTEREST IN YOUR VEHICLE - lesser of account balance, cost to repair, or the retail value of the vehicle; • WILL NOT PROVIDE ANY BODILY INJURY INSURANCE including injuries to yourself, pedestrians, or passengers in your vehicle or other vehicles; • WILL NOT PROVIDE ANY PROPERTY DAMAGE LIABILITY INSURANCE to other vehicles or other property; and • WILL NOT COMPLY WITH ANY FINANCIAL RESPONSIBILITY LAW OR ANY STATUTORY REQUIREMENT FOR NO FAULT COVERAGES. You may provide the proof of insurance to us by mailing the declarations page from your insurance policy to the above address, by faxing the information to 1-888-849-7508, or by having your agent call us at 1-888-849-7510. 38ax>101 Ex > P/e / r C If you have any questions, you may contact us at 1-888-849-7510 Monday - Friday, 8:00 am to 5:00 pm CST. As a valued customer, we wish to thank you in advance for your prompt attention to this matter. Sincerely, Am Gen Fin Svcs or affiliate I VC 8(X)01oi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KARRIANN BARCLAY, Petitioner v MATTHEW BARCLAY, Respondent No. 2006-756 (Qqq q CIVIL ACTION - LAW DIVORCE & CUSTODY CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Expedited Petition for Contempt, I am this day serving a copy of same by Certified First Class Mail, return-receipt- requested, to the following: Matthew Barclay P.O. Box 8 Harrisonville, PA 17228 Date: I 3l0 1)17&W501? Suza Sped r Abel 22 Ea Street, #6 Mt. Holly Springs, PA 17065 (717) 323-0046 spencer abet esq@fastmail.fm Counsel for Plaintiff, Karriann Barclay Ctk O °e J ? Vl ' r .. KARRIANN BARCLAY Plaintiff V. MATTHEW BARCLAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-6499 CIVIL ACTION - LAW PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defend t, Matthew clay. Date: IN, -0 Andrew haw, Esquire Attorney I.D. #87371 200 S. Spring Garden St., Suite 1 I Carlisle, PA 17013 Telephone: (717) 243-7135 I hereby consent to the withdrawal of Andrew H. Shaw, Esquire as my attorney. Date: Matthew Barclay, Defendap( } CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praecipe To Withdraw Appearance, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Suzanne Spencer Abel, Esquire 22 East Street, #6 Mt. Holly Springs, PA 17065 Attorney for Plaintiff Matthew Barclay c/o Shirley Barclay P.O. Box 315 McConnellsburg, PA 17233 Date:/ _2Z1 - 0 -7 Mir J t -' . cc) ; JAN 2 4 2007 ,0 Y ?j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KARRIANN BARCLAY, Petitioner No. 2006-7Q85 , v MATTHEW BARCLAY, Respondent CIVIL ACTION - LAW DIVORCE & CUSTODY ORDER AND NOW, this ?5 day of January, 2007, upon consideration of the foregoing Expedited Petition for Contempt, it is hereby ordered that a hearing is nd? hkk? scheduled for the day A=_?y, 2 07, at 3 o'clock aw/ pm, in Courtroom # 2 , 4th Floor of the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have willfully failed to comply with its order, you may be found to be in contempt of court and committed to jail, fined, or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. BY THE COU J. Fik r.. .t Ur 1. PRY 2G0? Jflii 26 Ali 9. 4 3 ??t KARRIANN BARCLAY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW BARCLAY, DEFENDANT 06-6499 CIVIL TERM ORDER OF COURT AND NOW, this 5+-- day of February, 2007, IT IS ORDERED that Matthew Barclay shall pay directly to Karriann Barclay the $50 filing fee for the petition for contempt and $100 toward her counsel fees for a total of $150 not later than thirty (30) days from this date. vs/uzanne Spencer Abel, Esquire For Plaintiff X afthew Barclay, Pro se P.O. Box 8 Harrisonville, PA 17228 :sal By the Cou Edgar B. Bayley, J. cr) 4 KARRIANN BARCLAY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-6499 CIVIL MATTHEW BARCLAY, : CIVIL ACTION - LAW DEFENDANT, DIVORCE & CUSTODY PRAECIPE TO WITHI)RAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance for Plaintiff, Karriann Barclay, with regard to the above- captioned matter. Date: k IN 811 I?Afiw he A I/ deg &gJAM A[ zu I -,ULXA -&24 S e Spen Abel, Esquire PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for Plaintiff, Karriann Barclay, with regard to the above- captioned matter. Date: ( JA\_ Mark F. Bayley, Esquire BAYLEY & MANGAN 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Appellant i KARRLANN B'ARCLAY, PLAINTIFF V. MATTHEW BARCLAY, DEFENDANT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6499 CIVIL CIVIL ACTION - LAW DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Andrew H. Shaw, Esquire 200 S. Spring Garden, Ste. 11 Carlisle, PA 17013 Dated: J ul- Mark F. Bayley, Esquire Attorney for Plaintiff G r?.r PA . C Ln Z cn ' Ckrri an(N L. V. 6a rc?a RC-5 Paub n,r Tn *he coor4 OF rOml"&n pk5 of C,,(nberjanA CC-) fet"0311vanicl e?v)l 1 c ion - LaW Noy 0C6 yqq clviI Te-frv, Ca5t0? In MMc 1 w U. 8 c(r c i ct Y PJ,e, -&r& / Pel. ti aher m .41.?,. r]I"tc.< Pnr)a wAa Pe ?`?" ? ? n ?r ? s a`?' 11 a cw y y? Sf; Ha rri 56hvl I l-P, fa, I7? ? A Apcle(X1 ber 91 -0oo(19J TA 'e 114horabif tAwar rfs k? ?. 6u, k (4er,cn4tit v15 t c? ,gin ?f I ?r\ +er-ed an ?rdPr v? ?4a? rar it ?'?, r ? ur,5 a ? S e+ 5f? ra tihew p.e r c v.eR K . hq? not ?,ad N h d v e 4v f '?1Q Pl a n+i ©r `e ' rf -Po`r;4 1 e ie r7) p-. ?fec , 6d rc Ile I V O(AC5 mot' v)5144 On fe r- u,,xee K Ff )6rrian L. ?arcl vtoIcit 5a, y • Fe* +i On-e I` r-e v-e!5fJ G 5 P-e+lt\Oh ? n ?? Fr cart t rmJi P ? . f Oriler ? ? 00? ? ?dl1 m?'l 9 Y W kereFor?) Potif ion-er a5k'!;P -f,13 Cmu r-? +0 f c`? 'fke rn 01 ? rcoit,or) o J coup l o('d-er of IJec-e-m ber 8 , aoorp d5 ? lo?? r 14ve6t 10, , Qe fie n-er v-er her" t.l eeki -, Fo U n 5 v r'v) S ,fd v S i `I a?i p r w I ?? 1,,cm Gl ot, 60.rcl ul14 1 5 aY`P Gl a ? R l)- l e7 I®n an lot rinew I PAC gle-?pe,4-Full? ?ub,,A-ecl, MRS-rtiew vlysxs Ba"CI, K19RRIfiNiV 8ARCLRy Plaintiff/Respondent V. Ml?-rW W 9ARCLAY Defendant/Petitioner 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII . ACTION - LAW No.()Gg;l9? CIVIL TERM IN CUSt UDY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. v tT Ew u. 8ARC C r? y -- - - Defendanvr etitioner ?., ?.a -<? ?:? ?? ? ;? yr? -,-? .s:._ ??? -?= s., :} -? °=?;1 ?'? ?- r ;? KARRIANN BARCLAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-6499 CIVIL ACTION LAW MATTHEW BARCLAY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, March 07, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 25, 2008 at 8:30 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. 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/ Hubert X. Giko Es q. 1z 14 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 E 11 Wa 01 MOOR 3 MAY ol2ooar KARRIANN BARCLAY, . Plaintiff v MATTHEW BARCLAY, Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-6499 IN CUSTODY COURT ORDER 1. A hearing is scheduled in Courtroom No. 3 of the Cumberland County Courthouse on the day of Ann-!?- , 2008, at A.m. At this hearing the Father shall be the moving party and shall proceed initially with testimony. Legal counsel for the parties, or the parties themselves if they proceed without counsel, shall file with the Court and the opposing counsel or party, a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of December 14, 2006, shall remain in effect. cc: Mark F. Bayley, Esquire ,-,'Mr. Matthew Barclay t fS i')'t ai t 12T s-fGlo?I AND NOW, this 6 ` day of 11A!!!j2r , 2008, upon consideration of the attached V Custody Conciliation Report, it is ordered and directed as follows: Edward E. Guido, Judge MAIASNN3d Wd 9- AN OR ,, CNOHiCdd 3HI. O G KARRIANN BARCLAY, Plaintiff v MATTHEW BARCLAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006-6499 : IN CUSTODY Prior Judge: Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Landon Barclay, born December 13, 2003 Matthew Barclay, born October 10, 2005 2. A Conciliation Conference was held on April 25, 2008, with the following individuals in attendance: The mother, Karriann Barclay, with her counsel, Mark Bayley, Esquire The father, Matthew Barclay, who appeared without an attorney. 3. The parties were before the Custody Conciliator in December, 2006, at which time there was an agreement entered for Father having supervised visitation. Father suggests now that Mother has not been abiding by the supervised visitation schedule. Father also suggests that the schedule is very limited and that he is simply seeking a standard type of Custody Order giving him unsupervised custody on alternating weekends and holidays, etc. Mother is unwilling to agree to the change in the Order and suggests that Father is not capable of taking care of the two young children. 4. The parties cannot agree and a hearing is required. The Conciliator recommends an Order in the form as attached. Date: April 30 , 2008 Esquire Hubert X. Gilr Kiator Custody Co if - . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6499 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 13th day of June, 2008, after KARRIANN BARCLAY, Plaintiff/Respondent V. . MATTHEW BARCLAY, Defendant/Petitioner hearing, this matter is continued to August 11, 2008, at 9:30 a.m. In the interim, we would hope the parties would be able to work together to avoid the need for the continued hearing. As we articulated on the record, when Mother's concerns have been addressed, there is no reason Father shall not be entitled to overnight visitation. 1. Pending said hearing, Mother shall have primary physical custody of the children, Landon Barclay, born December 13, 2003, and Matthew Barclay, born October 10, 2005. 2. The Father shall enjoy periods of temporary custody with the minor children as follows: A. Every other Saturday from 10:00 a.m. until 6:00 p.m., commencing Saturday, June 27, 2008. A visit on Saturday, June 14, 2008, shall be from 10:00 a.m. until 2:00 p.m. Mother shall handle the transportation for the visitation on June 14, 2008. Thereafter, the parties shall equally share the transportation. We will leave it to the parties to agree to the most effective way to share that transportation, whether it be meeting at a halfway point or whatever. If it cannot be agreed upon, the party getting custody of the children shall pick them up. The visits shall take place at the home of the maternal grandmother. She shall generally supervise the visits. Provided, however, that Father may be alone with the children A ''_ -, for up to one hour at a time. Father may have regular telephone contact with the children. The parties shall work out appropriate times for Father to call the children, and we would envision at least two or three times per week. We have articulated our intention that overnight visitation will commence at the hearing beginning on August 11 unless there is some overriding reason why it should not. It would be helpful to us if we have the records from Mr. Barclay's treatment with Ms. Woods and/or have her willing to testify at the August 11 hearing with regard to her opinion as to his ability to safely care for the children. If she chooses to testify, she may do so by telephone. Father is strictly prohibited from using any alcohol or narcotic drugs while the children are in his custody. F Edward E. Guido, J. ? Mark F. Bayley, Esquire For the Plaintiff/Respondent Matthew SaMla.) P.O. Box 8 Harrisonville, PA 17228 Defendant/Petitioner, Pro se srs Coal es rn.Ji LL 417/60 VIA1 flit `4l?I€-r, . ?,.,? ?4?".; t?? C' 1 :1 i 1V L 1 N.9P 8802 Ari`d' I r '.w Hl KARRIANN BARCLAY, Plaintiff V. MATTHEW BARCLAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 6499 CIVIL TERM : DIVORCE & CUSTODY AFFIDAVIT OF CONSENT A complaint in Divorce under §3301(c) of the Divorce Code was filed on November 7, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. g Date 1/116Tiaiin Barclay, Phlintil(? s L,? c? ? ,?, ?? G? w't?.???, .. ' ^ ? P? , .. ' ?:, Y_?. C.3 t KARRIANN BARCLAY, Plaintiff V. MATTHEW BARCLAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 6499 CIVIL TERM : DIVORCE & CUSTODY WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(C) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THATT EH STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. /AAA.A &Ira Dat Barclay, Plaintiff Y C3 ?} `; ?? _ ? ? -- r w ? ? ?.-. :-?' ;?_-? ? ` ? .?»- ' t ..C' C:i KARRIANN BARCLAY, Plaintiff V. MATTHEW BARCLAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 6499 CIVIL TERM : DIVORCE & CUSTODY WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(C) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. 7- Date 4Maew D efe ' r, ca KARRIANN BARCLAY, Plaintiff V. MATTHEW BARCLAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 6499 CIVIL TERM : DIVORCE & CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: filed on November 7, 2006 and Personal Service made on November 14, 2006. 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff July 29, 2008; by the Defendant July 10, 2008. 4. Related claims pending: None 5. Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on July 30, 2008; a copy of which is attached. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on July 30, 2008; a copy of which is attached. Date: 7- Mark F. Bayley, squire BAYLEY & MANGAN 17 W. South St. Carlisle, PA 17013 717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff C) C =sj . 7 «1 . tF:, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KARRIANN BARCLAY Plaintiff No. 6499 2006 VERSUS MATTHEW BARCLAY Defendant DECREE IN DIVORCE jd;lj A -#M AND NOW, At? r ,Vw, IT IS ORDERED AND DECREED THAT AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. The Martial Settlement Agreement is incorporated But not merged with the Divorce Decree. Karriann Barclay Matthew Barclay ATT ST: J. PROTHONOT ??'? ?? KARRIANN BARCLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MATTHEW BARCLAY, : NO. 2006-6499 Defendant : IN CUSTODY STIPULATION The undersigned parties hereby agree to the entry of the following order: a. Other than as noted below, the parties shall share legal custody of the children, Landon Barclay, born on December 13, 2003, and Matthew Barclay, born October 10, 2005 as that term is defined in Pa.C.S.A. §5302. Major decisions regarding the children, including but not limited to, their health, welfare, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in raising the children, keeping in mind their best interests being paramount. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, or professional concerning the children. b. Mother shall have sole decision making authority with regard to where the children attend school and/or daycare. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children every other weekend from Friday at 6:00 p.m. until Sunday at 3 p.m. Times of exchanges are subject to modification upon mutual agreement by the parties. 4. Father's custodial periods shall take place at the home of the Paternal Grandmother; she shall generally supervise the visits; provided, however, that Father may be alone with the children for up to one (1) hour at a time. 5. Christmas shall be split into block A (from 12:00 p.m. December 24 to 12:00 p.m. December 25) and block B (from 12:00 p.m. December 25 to 12:00 p.m. December 26); Father shall have block A in even years. Father shall have every Wednesday evening before Thanksgiving until Thanksgiving Day at 4:00 p.m. If Easter Sunday falls on Mom's regular weekend, Father shall have custody from 2 p.m. Easter Day until 3 p.m. the next day; If Easter falls on Father's regular weekend, Mother shall have custody from 2 p.m. Easter Day and for the rest of Easter weekend. 6. Father may have telephone contact with the children on Tuesday and Thursday evenings between 6:00 p.m. and 7:00 p.m.; Mother may have telephone contact with the children on Saturday evenings between 6:00 p.m. and 7:00 p.m. 7. The parties shall share transportation; transfers shall occur at Wendy's on Radio Hill in Chambersburg. 8. Father is strictly prohibited from having any alcohol or narcotic drugs in his system during his periods of partial physical custody; if Father violates this paragraph with regard to one of his periods of partial physical custody, he shall surrender said visit; Mother may request Father to submit to a portable breath test during exchanges; during Father's pickup, should Father test positive for alcohol or refuse to immediately and properly perform the test upon the first request he shall surrender his visit; during Father's drop-off, should Father, after operating a vehicle with the children, test positive for alcohol or refuse to immediately and properly perform the test upon the first request Father's visits shall be suspended until further Order of Court unless Father is not operating a vehicle during the drop-off in which case Father shall surrender his next scheduled visit. Date: %S? \'O% D r/ ate: / V? 0?57 /U, iann Barclay, Plaintiff tthew arclay, Defendant ? CJ C ? -ri - L ? `? ? ? .% `. Ci J f ?1 ?Y - ... r? ?? s ? 'w 1 ... ? ?1 ? - ? ? ` 'F l "`S M,?,?? "?' 0 AUG 12 2008 KARRIANN BARCLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MATTHEW BARCLAY, : NO. 2006-6499 Defendant : IN CUSTODY ORDER OF COURT AND NOW, this J?7day of August, 2008, the following Order is hereby entered; all previous Orders are vacated: a. Other than as noted below, the parties shall share legal custody of the children, Landon Barclay, born on December 13, 2003, and Matthew Barclay, born October 10, 2005 as that term is defined in Pa.C.S.A. §5302. Major decisions regarding the children, including but not limited to, their health, welfare, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in raising the children, keeping in mind their best interests being paramount. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, or professional concerning the children. b. Mother shall have sole decision making authority with regard to where the children attend school and/or daycare. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children every other weekend from Friday at 6:00 p.m. until Sunday at 3 p.m. Times of exchanges are subject to modification upon mutual agreement by the parties. 3 41 4. Father's custodial periods shall take place at the home of the Paternal Grandmother; she shall generally supervise the visits; provided, however, that Father may be alone with the children for up to one (1) hour at a time. 5. Christmas shall be split into block A (from 12:00 p.m. December 24 to 12:00 p.m. December 25) and block B (from 12:00 p.m. December 25 to 12:00 p.m. December 26); Father shall have block A in even years. Father shall have every Wednesday evening before Thanksgiving until Thanksgiving Day at 4:00 p.m. If Easter Sunday falls on Mom's regular weekend, Father shall have custody from 2 p.m. Easter Day until 3 p.m. the next day; If Easter falls on Father's regular weekend, Mother shall have custody from 2 p.m. Easter Day and for the rest of Easter weekend. 6. Father may have telephone contact with the children on Tuesday and Thursday evenings between 6:00 p.m. and 7:00 p.m.; Mother may have telephone contact with the children on Saturday evenings between 6:00 p.m. and 7:00 p.m. 7. The parties shall share transportation; transfers shall occur at Wendy's on Radio Hill in Chambersburg. 8. Father is strictly prohibited from having any alcohol or narcotic drugs in his system during his periods of partial physical custody; if Father violates this paragraph with regard to one of his periods of partial physical custody, he shall surrender said visit; Mother may request Father to submit to a portable breath test during exchanges; during Father's pickup, should Father test positive for alcohol or refuse to immediately and properly perform the test upon the first request he shall surrender his visit; during Father's drop-off, should Father, after operating a vehicle with the children, test positive for alcohol or refuse to immediately and properly perform the test upon the first request Father's visits shall be suspended until further Order of Court unless Father is not operating a vehicle during the drop-off in which case Father shall surrender his next scheduled visit. J. ccA k F. Bayley, Esquire ?tthew Barclay, pro se J 15?5 VINMASNINI- d f? Act' LION&I-LOtU d, ?Hi J0 KARRIANN BARCLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MATTHEW BARCLAY, : NO. 2006-6499 Defendant : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the Plaintiff, Karriann Barclay, by and through her attorney, Mark F. Bayley, and in support of the within petition avers as follows: 1. The Honorable Edward E. Guido was previously assigned to the above docketed matter. 2. The Plaintiff is Karriann Barclay, N/K/A Karriann Mackey (hereafter "Mother") and resides at 335 Firehouse Road Shippensburg, PA 17257 with her husband, Shawn Mackey, and children at issue: Landon Barclay (D.O.B. 12-13-03) and Matthew Barclay (D.O.B. 10-10-05). 3. The Defendant is Matthew Barclay (hereafter "Father") and resides around Harrisonville, Fulton County, with his mother, Shirley Barclay (mailing address: P.O. Box 315 McConnellsburg, PA 17233). 4. Father has a history of serious alcohol/drug abuse. 5. The parties stipulated to the entry of an Order dated August 13, 2008 (attached as "Exhibit A"); the Order granted Father physical custody on alternating weekends while addressing Mother's concerns (regarding his frequent relapses) by barring Father's use of alcohol during his custodial periods, requiring that Father not be left alone with the children for more than one hour, and directing that Father submit to portable breath tests at exchanges should Mother request him to do so. 6. On February 22, 2009 Father was involved in an automobile accident when he wrecked head-on into a telephone pole with the children in the car; Father left the scene of the accident with the children in another vehicle and had no contact with police or Mother until some time later; there is a high probability that Father was under the influence at the time of the accident. 7. After the accident, the undersigned requested informally that the Paternal Grandmother accompany Father at times the children were being transported by vehicle; Father has ignored said request to date. 8. On Sunday, October 18, 2009 Father telephoned Mother at approximately 1:30 p.m. to request that his weekend visit be extended so that he could take the children to a festival in Fulton County; Mother could tell Father was intoxicated. 9. Due to Mother's concerns over Father operating a vehicle with the children, she requested to be a part of the trip to the festival and to provide transportation. 10. When Mother arrived at Father's residence at approximately 2:30 p.m. she smelled the odor of an alcoholic beverage on Father's breath. 11. After attending the festival and at approximately 3:30 p.m. Mother requested that Father submit to a portable breath test and Father refused. 12. Mother had never previously requested Father to submit to a portable breath test. 13. Mother believes that Father fully intended to drive the children to the festival and subsequently to the exchange point as he has always done. 14. Father's visits have gone well in general; however, Father has refused to agree informally to have paternal grandmother participate in transportation and obviously exercises poor judgment when intoxicated. 15. Father has routinely ignored the provision in the previous Order which prohibits unsupervised periods of longer than an hour which also causes concern for Mother during times of Father's relapse. WHEREFORE, Mother respectfully requests that the previous Order be immediately modified in that Father be barred from operating a vehicle with the children. t? -oc? Respectfully submitted, BAYLEY ANGAN 'lVfark F. Bayley, squire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.#87663 VERIFICATION Mark F. Bayley, Esquire , states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Mark F. Bayley, squire AUG . Gl KARRIANN BARCLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MATTHEW BARCLAY, : NO. 2006-6499 Defendant : IN CUSTODY ER OF COURT AND NOW, this 13 day of August, 2008, the following Order is hereby entered; all previous Orders are vacated: 1. a. Other than as noted below, the parties shall share legal custody of the children, Landon Barclay, born on December 13, 2003, and Matthew Barclay, born October 10, 2005 as that term is defined in Pa.C.S.A. §5302. Major decisions regarding the children, including but not limited to, their health, welfare, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in raising the children, keeping in mind their best interests being paramount. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, or professional concerning the children. b. Mother shall have sole decision making authority with regard to where the children attend school and/or daycare. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children every other weekend from Friday at 6:00 p.m. until Sunday at 3 p.m. Times of exchanges are subject to modification upon mutual agreement by the parties. C,--,&J-L4 A 4. Father's custodial periods shall take place at the home of the Paternal Grandmother; she shall generally supervise the visits; provided, however, that Father may be alone with the children for up to one (1) hour at a time. 5. Christmas shall be split into block A (from 12:00 p.m. December 24 to 12:00 p.m. December 25) and block B (from 12:00 p.m. December 25 to 12:00 p.m. December 26); Father shall have block A in even years. Father shall have every Wednesday evening before Thanksgiving until Thanksgiving Day at 4:00 p.m. If Easter Sunday falls on Mom's regular weekend, Father shall have custody from 2 p.m. Easter Day until 3 p.m. the next day; If Easter falls on Father's regular weekend, Mother shall have custody from 2 p.m. Easter Day and for the rest of Easter weekend. 6. Father may have telephone contact with the children on Tuesday and Thursday evenings between 6:00 p.m. and 7:00 p.m.; Mother may have telephone contact with the children on Saturday evenings between 6:00 p.m. and 7:00 p.m. 7. The parties shall share transportation; transfers shall occur at Wendy's on Radio Hill in Chambersburg. 8. Father is strictly prohibited from having any alcohol or narcotic drugs in his system during his periods of partial physical custody; if Father violates this paragraph with regard to one of his periods of partial physical custody, he shall surrender said visit; Mother may request Father to submit to a portable breath test during exchanges; during Father's pickup, should Father test positive for alcohol or refuse to immediately and properly perform the test upon the first request he shall surrender his visit; during Father's drop-off, should Father, after operating a vehicle with the children, test positive for alcohol or refuse to immediately and properly perform the test upon the first request Father's visits shall be suspended until further Order of Court unless Father is not operating a vehicle during the drop-off in which case Father shall surrender his next scheduled visit. BY TRV- COURT, J. cc. Mark F. Bayley, Esquire Matthew Barclay, pro se Y y ywr KARRIANN BARCLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MATTHEW BARCLAY, : NO. 2006-6499 Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Matthew Barclay P.O. Box 315 McConnellsburg, PA 17233 Mark F. Bayley, Esquire FILED-OlFtCE OF THE ppOTHONOTARY 2009 OCT 29 FM 2: OG CUM" Pyy....,, iW ` I t, 4itk GIB too" oCT 292oo? KARRIANN BARCLAY, Plaintiff V. MATTHEW BARCLAY, Defendant AND NOW, this directed: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2006-6499 IN CUSTODY 30^ ORDER OF COURT day of 2009 it is hereby 1) The parties sll appear for a hearing in relation to Plaintiffs Petition for Special Relief on the _ &% bt""?- day of N , 20 O 4 in Courtroom #3 of the Cumberland County Courthouse. Ao'/. y?of .'s . 2) Pending said hearing, further Order of Court, or agreement between the parties Defendant is prohibited from operating a vehicle with Landon Barclay (D.O.B. 12-13-03) and Matthew Barclay (D.O.B. 10-10-05) on board. 3) Pending said hearing, all other provisions set forth in the previous Court Order of August 13, 2008 remain in full force. y Hon. Edward E. Guido cc. Mark F. Bayley, Esquire Matthew Barclay ?` D o q RL.ED-err ICE OF THE RROTH NOTARY 1009 OCT 30 AN I I : S 6 t ENJII'S,1IY `C IA. KARRIANN BARCLAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-6499 CIVIL TERM MATTHEW BARCLAY, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 20th day of November, 2009, after hearing, the Defendant is prohibited from operating a vehicle with Landon Barclay or Matthew Barclay on board. Said prohibition shall remain until we are satisfied that the Defendant's therapy has progressed such that we are comfortable that he has maintained his sobriety. In all other respects, our Order of August 13, 2008, shall remain in full force and effect. _,,-eark F. Bayley, Esquire Attorney for Plaintiff ?tthew Barclay Defendant,// Pro se Sheriff hard ? d, srs !S MULL By the Court, +1P THE F; 5? P !?71 OTARY 2009 NOY 20 PH 3: 59 PEINr ISAYANIA