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WANBTIA P. BARRICK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
q1 - d I 8cP Cw.JI T.l2A.rn
NO. CIVIL 199~
.
.
.
.
v.
.
.
CARL N. ROWB,
Defendant
.
.
AND NOW,
ORDBR OF COURT
All r~ I ~ ~ ft'=t~l{ , upon consideration of
the attached Complaint, it is hereby directed that the parties
and their respective counsel appear before --11~~rt ~. ~)~ r~.
LJtlt f'levr LWYlb,
(0. ro.Lrh'o.A~
q: ~()
, the conciliator, at
on the ~l day of
J"I.AI"\('
199!:f, at
o'clock,y:!.m., for a Pre-Hearing custody
Conference. At such conference, an effort will be made to
resolve the issues in dispute; or if this cannot be accomplished,
to define and narrow the issues to be heard by the Court, and to
enter into a temporary order. All children age five or older
~ also be present at the conference. Failure to appear at
the conference may provide grounds for entry of a temporary or
permanent order.
FOR
THE COURT:
;;;9.~.t,tr~
C sto y Conc 1 ator ~.
By:
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Office of the Court Administrator
Courthouse, 4th Floor
Carlisle, PA 17013
(717) 240-6200
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IN THE COURT OF COMMON PLEAS OF
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WANETIA P. BARRICK,
Plaintiff
.
.
.
.
.
.
CARL N. ROWE,
.
.
Defendant
NO. CIVI~ 19
.) I r" ~ r..l.U-.
COMPLAINT POR CUSTODY
.
.
1. The Plaintiff is WANETIA P. BARRICK
residing at 106B Lincoln Street, Carlisle, Cumberland County,
Pennsylvania.
2. The Defendant is CARL N. ROWE
residing at 165 West North Street, Carlisle, Cumberland county,
Pennsylvania.
3. Plaintiff seeks custody of the following children:
Name
Present Residence
O.O.B.
CODY D. ROWE
106B Lincoln Street
5/18/92
Carlisle, PA 17013
SHIANNE D. ROWE
106B Lincoln Street
8/3/93
Carlisle, PA 170113
The children were born out of wedlock.
The children are presently in the custody of Plaintiff,
Wanetia P. Barrick who resides at 106B Lincoln Street, Carlisle,
Pennsylvania.
During the past five years, the children have resided with
the following persons and at the following addresses:
Persons
Addresses
Dates
Plaintiff alone
106B Lincoln Street
Carlisle, PA 17013
4/1/94 to present
...
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Plaintiff and
Defendant
alternating
between each
one's respective
parent's home
106B Lincoln street
Carlisle, PA 17013
165 W. North st.
and
511 conodoquinet Ave.
Carlisle, PA 17013
4/1/93 to 4/1/94
Plaintiff and
Defendant
5/18/92 to 4/1/93
The mother of the children is Plaintiff, Wanetia P. Barrick,
currently residing at 106B Lincoln street, Carlisle,
Pennsylv'lnia.
She is single.
The father of the children is Defendant, Carl N. Rowe,
currently residing at 165 West North street, Carlisle,
Pennsylvania.
He is single.
4. The relationship of the Plaintiff to the children is
that of mother. The Plaintiff currently resides with the
following persons:
Name
Relationship
Onlv the children involved in
this action.
5. The relationship of the Defendant to the children is
that of father. The Defendant currently resides with the
following persons:
Name
Relationship
Carl and Arlene Johnson
Defendant's oarents
Shane Rowe. Lovie Johnson
and Jennie Johnson
Defendant's brother & sisters
..
'"
~;;',:.'.
6a. Plaintiff has not participated as a party or witness,
or in another capacity, in other litigation concerning the
custody of the children in this or another court.
6b. Plaintiff has no information of a custody proceeding
concerning the children pending in a court of this Commonwealth.
6c. Plaintiff does not 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 interest and permanent welfare of the children
will be served by granting the relief requested for the following
reasons:
A. Plaintiff has undertaken and performed the primary
parental responsibilities for each of the children;
B. Plaintiff is best able to provide the care and
nurture which the children need for healthy development;
and
C. A Court Order of custody and structured visitation
is desired so that the Plaintiff and the children may plan
their schedules accordingly, and so that misunderstandings
and unmet expectations regarding custody and visitation can
be avoided, and also so that the children are not used in a
manipulative fashion.
8. Each parent whose parental rights to the children have
not been terminated and the person who has physical custody of
~,
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~~"'i';''''~''';'''''''' _.
the children have been named as parties to this action. All
other persons named below who are known to have or claim to have
a right to custody or visitation of the children
given notice of the pendency of this action and the right to
intervene:
Name
Address
Basis of Claim
N.A.
WHEREFORE, Plaintiff requests the Court to grant primary
physical custody of the children to her.
Respectfully submitted,
/L ~ ~
-C-:T-;?.-z_~ ../.....--'" /"'T..
~Stephen B. L~pson, Esq.
Attorney for Plaintiff
169 W. High st. Ste. 4
Carlisle, PA 17013
(717) 249-3929
...,....;...,...:.,
COMMONWEALTH OF PENNSYLVANIA)
: SSe
COUNTY OF CLAlj;f'fU/1 t. I) )
I verify that the statements made in the foregoing Complaint
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. 54904, relating
to unsworn falsification to authorities.
DATE: -I'c9~-9-1
./J ')(l.w \. ('.. ...p ~~'>u'LJ,,) 0\ Je
netia P. Barr ck, Plaintiff
,..,,....,,..,,--,~..~.<.,..,,.,<....,,..._~
.
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MAY 4 - m4{/M
WAN!TIA P. BARRICK 1'( ~
plaintiff
10:,' 3 .";J:IfQ{fHE COURT OF COMMON PLEAS OF
:,j,cU1lt~ERLAND COUNTY, PENNSYLVANIA
Defendant
.
. .1'
. .; ., CIVIL ACTION - LAW
:".': .n
"94-2186 civil Term
IN CUSTODY
v.
CARL N. ROW!,
ORDER OF COURT
AND NOW, this ~ day of
M~
, 1994,
Plaintiff WANETIA P. BARRICK and Defendant CARL N. ROWE having
stipulated and agreed with regard to custody of their children,
CODY D. ROWE, D.O.B. 5/18/92 and SHIANNE D. ROW!, D.O.B. 8/3/93,
it is hereby ordered and decreed as follows:
(1) Shared legal custody of the parties' children, CODY D.
ROWE and SHIANNE D. ROWE, will be in both of the parties as
natural parents.
(2) Primary physical custody of said children shall be in
the mother, WANETIA P. BARRICK, subject to the following periods
of partial physical custody for the father, CARL N. ROWE:
(a) Every weekend from Friday at 4:00 p.m. through
Sunday at 4:00 p.m.;
(b) Every Wednesday from 7:00 a.m. through 8:00 p.m.;
(c) On a one-time basis only, on the first Wednesday
following the date of signing of this order through Sunday
at 4:00 p.m. Each week thereafter the schedule will be as
provided in sub-paragraph (a) and (b) above;
(d) On August 4 and May 19 of each year, from 12:00 p.m.
through 8:00 p.m. the same day;
.
" L
\-
-;,
(e) The following holiday provisions shall supersede the
provisions of sub-paragraph (a) and (b), above, and thus the
parties will have the following custody periods for
Thanksgiving and Christmas, respectively:
(i) On Thanksgiving Day, father shall return the
children to mother at 9:00 a.m. Mother shall have the
children on Thanksgiving Day from 9:00 a.m. to 3:00
p.m., and then father shall have the children from 3:00
p.m. to 8:00 p.m.
(ii) Father's period of partial custody on Christmas
Day is from 3:00 p.m. through 8:00 p.m. Accordingly,
if Christmas Day falls on a day which otherwise would
be father's day for partial custody, he shall return
the children to mother at 8:00 p.m. the day before
(Christmas Eve).
BY THE COURT:
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..-~'......
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..
\
WANBTIA P. BARRICK,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
94-2186 civil Term
IN CUSTODY
v.
CARL N. ROWB,
STIPULATION FOR CHILD CUSTODY
AND NOW, this '/,f{ day of ,if,,/, ' 1994 come Plaintiff,
WANBTIA P. BARRICK and Defendant, CARL N. ROWE and with regard to
custody of their children, CODY D. ROWE, D.O.B. 5/18/92 and
SHIANNB D. ROWE, D.O.B. 8/3/93 stipulate and agree as follows:
(1) Custody of said children shall be set forth in the
foregoing Order of Court.
(2) Should either party at any time in the future petition
the Court for modification of this Order, it shall not be
necessary for the party to show a change in circumstances and all
relevant facts and circumstances shall be subject to jUdicial
review and not only those existing subsequently to the signing of
this Order.
(3) It is the desire and intention of the parties hereto
that this StipUlation for Child Custody be entered in the Court
of Common Pleas of Cumberland County, Pennsylvania, and that it
be endorsed as an Order of the court so as to have the full
effect thereof.
I verify that the statements made in the foregoing
stipulation are true and correct. I understand that false
statements therein are made subject to the penalties of 18 Pa. C.
s. 54904, relating to unsworn falsification to authorities.
Dated:
l.{- f9~1
witness:/Z;(;~_~~:.....,
..) f'l"4,., IJ.
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WANETIA P. BARRICK
I verify that the statements made in the foregoing
stipulation are true and correct. I understand that false
statements therein are made subject to the penalties of 18 Pa. C.
s. 54904, relating to unsworn falsification to authorities.
Dated:
S/LI/9L(
,/ ~-,
witness:/[C';..-<'- j::{ < =-~
, .
.5f-,//~~ /j L/,j,,-_
&11. /i"1~
CARL N. ROWE
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WANETIA P. BARRICK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
94-2186 CIVIL TERM
IN CUSTODY
v.
CARL N. ROWE,
Defendant
PETITION FOR MODIFICATION OF CUSTODY
AND NOW, comes the Plaintiff Wanetia P. Barrick, by and
through her attorneys, Saidis, Guido, Shuff & Hasland, and
petitions this Court for modification of the Custody Order
entered on May 4, 1994, and stating as follows:
1. The parties are the natural parents of Cody D. Rowe
(D.O.B. 5-18-92) and Shianne D. Rowe (D.O.B. 8-3-93).
2. On May 4, 1994, The Honorable J. Wesley Oler, Jr.,
entered an Order of Court pursuant to a stipulation between the
parties which, inter alia, awarded primary physical custody of
said children to the Mother, Wanetia P. Barrick. A true and
correct copy of the Order of Court is att.ached hereto and made
a part hereof marked as Exhibit "A".
3. Pursuant to said Order, the Father, Carl N. Rowe, was
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. Hlsh Sml
c.tIl.le, PA
awarded the following periods of partial physical custody:
a. Every weekend from Friday at 4:00 p.m. through Sunday
at 4:00 p.m.;
b. Alternating Wednesdays from 7:00 a.m. through 8:00
p.m. ;
c. Various provisions for Holidays and Birthdays.
4. At the time of said Order, Father was unemployed and
was able to effectuate his partial physical custody rights.
....-...,....,.,...... .,.--
5. Since the date of the Order, Father has become
gainfully employed and is working every other weekend and
Monday through Fridays.
6. Based on Father's work schedule, Mother would like to
modify paragraph 2 (a) and 2 (b) of the May 4, 1994 Court Order
to:
a. Alternating weekends from Friday at 4:00 p.m. through
Sunday at 4:00 p.m.;
b. Alternating Wednesdays from 5:00 p.m. through 8:00
p.m.
WHEREFORE, the Plaintiff, Wanetia P. Barrick, respectfully
requests this Honorable Court to modify the Order entered on
May 4, 1994, as set forth above.
Respectfully submitted,
SAI IS, GUIDO, SHUFF & MASLAND
Dated:--4(.,~\C{Y
Ham
26 West High
Carlisle, PA 17013
(717) 243-6222
Attorney for the Plaintiff
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. Hiah 5l1eel
Carli.I., PA
,
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...........,_...
.'
.
MAY 4- m4d~
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..
WANETIA P. BARRICR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
94-2186 civil Term
IN CUSTODY
v.
CARL N. ROWE,
Defendant
.
.
ORDER OF COURT
.i/..
AND NOW, this 4- day of 1->?a.;J' , 1994,
Plaintiff WANETIA P. BARRICR and Defendant CARL N. ROWE having
stipulated and agreed with regard to custody of their children,
CODY D. ROWE, D.O.B. 5/18/92 and SHIANNE D. ROWE, D.O.B. 8/3/93,
it is hereby ordered and decreed as follows:
(1) Shared legal custody of the parties' children, CODY D.
ROWE and 8HIANNE D. ROWE, will be in both of the parties as
natural parents.
(2) Primary physical custody of said children shall be in
the mother, WANETIA P. BARRICR, subject to the fOllowing periods
of partial physical custody for the father, CARL N. ROWE:
(a) Every weekend from Friday at 4:00 p.m. through
Sunday at 4:00 p.m.;
(b) Every Wednesday from 7:00 a.m. through 8:00 p.m.;
(c) On a one-time basis only, on the first Wednesday
following the date of signing of this order through Sunday
at 4:00 p.m. Each week thereafter the schedule will be as
provided in sub-paragraph (a) and (b) above;
(d) On August 4 and May 19 of each year, from 12:00 p.m.
through 8:00 p.m. the same day;
EXHIBIT "A"
..a.;... .-
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r
(e) The following holiday provisions shall supersede the
provisions of sub-paragraph (a) and (b), above, and thus the
parties will have the following custody periods for
Thanksgiving and Christmas, respectively:
(i) On Thanksgiving Day, father shall return the
children to mother at 9:00 a.m. Mother shall have the
children on Thanksgiving Day from 9:00 a.m. to 3:00
p.m., and then father shall have the children from 3:00
p.m. to 8:00 p.m.
(ii) Father's period of partial custody on Christmas
Day is from 3:00 p.m. through 8:00 p.m. Accordingly,
if Christmas Day falls on a day which otherwise would
be father's day for partial custody, he shall return
the children to mother at 8:00 p.m. the day before
(Christmas Eve).
BY THE COURT:
1.11 ~...t(j 19t~. g.., ,
J.
TRUr: C('lPY r-nnM RECORD
In Tc~l'm~n~' . h .r~r.F. I h..r.' 11:110 f.!ll my hand
and the s~al or sa:d COIJI t at (01 lisle, Pa.
This ...S.~. day of:?J1<:;J.., 19...X'f
..:............,.~A;.~~,,~~i::-~.......
...._.r.-..,..,
.
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WANETIA P. BARRICK,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
.
Defendant
:
94-2186 civil Term
IN CUSTODY
CARL N. ROWE,
STIPULATION FOR CHILD CUSTODY
AND NOW, this Y 7'.(....... day of )..{...-7 ' 1994 come Plaintiff,
WANETIA P. BARRICK and Defendant, CARL N. ROWE and with regard to
custody of their children, CODY D. ROWE, D;O.B. 5/18/92 and
SHIANNE D. ROWE, 0.0.8. 8/3/93 stipulate and agree as follows:
(1) custody of said children shall be set forth in the
foregoing Order of Court.
(2) Should either party at any time in the future petition
the Court for modification of this Order, it shall not be
necessary for the party to show a change in circumstances and all
relevant facts and circumstances shall be subject to judicial
review and not only those existing subsequently to the signing of
this Order.
(3) It is the desire and intention of the parties hereto
that this stipulation for Child Custody be entered in the Court
of Common Pleas of Cumberland County, Pennsylvania, and that it
be endorsed as an Order of the court so as to have the full
effect thereof.
J:"';'~' .--...~.'-
lh ,.
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r
I verify that the statements made in the foregoing
stipulation are true and correct. I understand that false
statements therein are made subject to the penalties of 18 Pa. C.
S. S4904, relating to unsworn falsification to authorities.
Dated: :(-I./- W
A~
witness: /7---~ z:.....
.5'';';'}'',(0,...
A: <:"'-
. ~..--.
IJ. L 70/ ^....
f~iuda o./0M)/~~
w ETIA P. BARRICK
I verify that the statements made in the foregoing
stipulation are true and correct. I understand that false
statements therein are made subject to the penalties of 18 Pa. C.
S. S4904, relating to unsworn falsification to authorities.
Dated:
,) jt-{ hi
witness: /'tt:~~~ <,,-' c? ~
.5f'l"k~ ,d. C.~'J'I~
_(~/f-Itt.i '10U{G.
CARL N. ROWE
"~;:,-~,,--_........, ...-..-.....,
WANETIA P. BARRICK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
94-2186 CIVIL TERM
IN CUSTODY
.
.
v.
CARL N. ROWE,
Defendant
CERTIFICATE OF SERVICE
1'?.(~J '- ,!:, -
on~T
I, William C. Vohs, Esquire, certify that
1994, I served a true and correct copy of the within Petition
for Modification of Custody upon DefAndant in this matter by
depositing same in the United States mail, first class, postage
prepaid, addressed as follows:
Carl N. Rowe
165 West North Street
Carlisle, PA 17013
Respectfully submitted,
Dated:
1.l1) '{t<1
0, SHUFF & MASLAND
19--
William C. Vohs, Esquire
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for the Plaintiff
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 w. H1ah SInlCI
Carlisle, PA
r..?',,::":""
CARL N. ROWE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
94-2186 CIVIL TERM
IN CUSTODY
WANETIA P. BARRICK,
Plaintiff
v.
ORDER OF COURT
AND NOW, this .9151J~ay of~-(lf(-rn iff , 1994, upon
consideration of the attached Complaint, it is hereby directed
th t the parties.~nd their respective counsel appear before
~ H 1" . d(U\ t51, , the conciliator, at
av. V", o. 0..../ /wo.jr on
the day of I\lo.I'Ino(.... , 1994, at :3iJ f.) .M. ,
for a Pre-Hearing Custody Conference. At such conference, an
effort will be made to resolve the issues in dispute; or if
this cannot be accomplished, to define and narrow the issues to
be heard by the court, and to enter into a temporary order.
All children age five or older may also be present at the
conference. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
FOR THE COURT,
BY: ;;;II=tJ1;;/ y J,~-'l~
Cu 0 y Conci1'iator ~1'
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Court Administrator
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
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WANETIA P. BARRICK,
Plaintiff
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Ia lba Coun 01 CommoD Plea 01
Cumberland COUDt)', PaDDl)'lvaoIa
94-2186
No.-
CIVIL ACTION - LAW
94
Civil 19
-
VI.
CARL N. ROWE,
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-.
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Defendant
IN CUSTODY
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PRAECIPE TO ENTER APPEARANCE
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Please enter the appearance of the Family Law Clinic
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on behalf of the defendant, Carl N. Rowe, in the above-captioned
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matter.
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To Lawrence E. Welker
ProthonoJary
19_
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Thomas L. Peeler
Ally
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Lisa M. Watson
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WANETIA P. BARRICK, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v. . CIVIL ACTION - LAW
.
.
.
CARL N. ROWE, .
.
Defendant . NO. 94-2186 CIVIL TERM
.
AND NOW, this
ORDER OF COURT
\'&1t day of June, 1996,
upon consideration of
Defendant's Petition for Emergency Injunctive Relief to Prevent
Relocation, a hearing is SCHEDULED for Tuesday, July 23, 1996, at
8:00 a.m., in Courtroom No.5, Cumberland County Courthouse,
Carlisle, Pennsylvania.
BY THE COURT,
Wanetia P. Barrick
1651 Center Street, NE
Grand Rapids, HI 49505
Plaintiff, Pro Se . ,~J.V
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James J. Kayer, Esq. 14~4 b
4 E. Liberty Avenue &- ~
Carlisle, PA 17013
Attorney for Defendant
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PENNSYLVANIA
~~
WANETIA P. BARRICK,
Plaintiff/Respondent
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2186 CIVIL TERM
CARL N. ROWE,
Defendant/Petitioner
IN CUSTODY
ORDER OF COURT
AND NOW, this 14th day of June, 1996, upon review of the petition of CARL N. ROWE, it is
hereby ordered and decreed that the Respondent, W ANETIA P. BARRICK, shall return the minor
children, CODY D. ROWE AND SHlANNE D. ROWE, to the custody of the father, CARL N. ROWE,
until such time that there can be a hearing to determine whether the childrens' move to Michigan is in
the chiIdrens' best interest.
A hearing shall be scheduled herein in courtroom number
of the Cumberland County
Courthouse, Carlisle, Pennsylvania, on the
day of
, 1996 at
o'clock
m. at which time a determination will be made on whether to continue this
restraining order pending a hearing on the merits,
BY THE COURT:
J.
f,;;'< ":':"l:.~"'.
WANETIA P. BARRICK,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 94-2186 CIVIL TERM
CARL N. ROWE,
Defendant/Petitioner
IN CUSTODY
PETITION FOR EMERGENCY INJUNCTIVE RELIEF
TO PREVENT RELOCATION
Petitioner, CARL N. ROWE, by and through his allorney, James J. Kayer, Esquire, files this
Petition for Emergency Injunctive Relief To Prevent Relocation and avers as follows:
I. Petitioner, Carl N. Rowe, is the father of the subject minor children and currently resides at
165 West North Street, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Respondent, Wanetia P. Barrick, is the mother of the subject minor children and who is
believed to be residing at 1651 Center Street, NE, Grand Rapids, MI 49505.
3. The parties are the father and mother, respectively, of the minor children Cody D. Rowe (Age
4) and Shianne D. Rowe, (Age 3).
4. Previously, this court has issued an oIDer dated February 22, 1995 as a result of a custody
conciliation conference in which the parties agreed that the mother shall have primary physical custody
of the children and the father shall have specified periods of partial physical custody. This agreement
was based upon the premise that the mother was residing in Carlisle, Pennsylvania. A copy of this order
of court is attached hereto and designated as E.xhibit "A".
5. In August of 1995, the mother voluntarily turned over custody of the children to the father
and left the Commonwealth of Pennsylvania. From August, 1995 until June 8, 1996, the mother had
voluntarily withdrawn from all contact with the children.
6. The father, without the need of a fonnal agreement, had traditionally allowed the maternal
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grandparents to have a visit with the children each weekend.
7. On or about Saturday, June 8, 1996, the maternal grandmother picked up the children from
the father's home as had been the parties' tradition. Apparently, the mother had returned to the local area
on the weekend of June 8, and the maternal grandmother had apparently transferred actual physical
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custody to the mother who returned to her new residence in Michigan.
8. Such a move is contrary to the children's best interest in as much as it effectively removes
the Petitioner, their father, from their lives, and would be contrary to his prima facie right of being the
primary adult in their lives as he has been for the past year.
9. Such a move also is contrary to the childrens' best interest as it removes them from their
extended families as the father and mother both have families in the Cumberland County area.
10. The move seriously impairs the Petitioner's ability to be an active parent of the children in
as much as the geographical distance between Cumberland County and Michigan is such that there will
be minimal contact between the father and children.
II. The Respondent's unauthorized removal of the children, was without regard for the Petitioner's
rights as the children's father and without regard to the childrens' needs to have a continuous relationship
with their primary caretaker.
12. The Respondent does not have a valid basis for her removal of the children.
13. Under Plowman v. Plowman. 409 PR.Super. 143,597 A,2d 701(1991), prior to removal of
the children from the court's jurisdiction, the court must hold an evidentiary hearing on the proposed
relocation to examine the factors set forth in Gruber v. Gruber, 400 Po.Super. 174,583 A.2d 434(1990).
14. The children should remain in this jurisdiction pending the evidentiary hearing.
WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an emergency
injunction, causing the Respondent to return the subject children to the Commonwealth of Pennsylvania
_~_':',f"
WId to his custody until such time as there can be a hearing to detennine whether such a move Is in the
childrens' best interests.
Respectfully submitted,
KA YER & BROWN
By: /
Jam
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J, Ka
me
t Li Y Avenue
isle, PA 17013
(717) 243-7922
Attorney for Petitioner/Defendant
Date: June 14, 1996
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VERIFICATION OF PLEADINGS
The foregoing document is based upon infonnation which has been gathered by my
counsel and myself in the preparation of this action. The language of the document may, in
part, be the language of my counsel and not my own. I have read the statements made in this
document and to the extent that it is based upon infonnation which I have given to my
counsel, it is true and correct to the best of my Imowledge, infonnation and belief. To the
extent that the contents of the statements are that of counsel, I have relied upon counsel in
making this Verification. I understand that false statements herein are made subject to the
penalties of 18 PA. C,S. ~904, relating to unsworn falsification to authorities.
Date: tJ #/h 0 / I . 1996
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v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
WANETIA p, BARRICK.
Plaintiff
CARL N. ROWE,
Defendant
: NO. 94-2186 CIVIL TERM
ORDER OF COURT
AND NOW, this .:l~".Aday of _~L\!.""\A'1' 1995, upon consideration of the attached
Custody and Visitation Agreement concerning the custody of the parties' children:
Cody D. Rowe, D.O.B. 5/18/92 and Shianne D. Rowe, D.O.B. 8/3/93, the foHowing is hereby
ordered and directed:
1. The Parties shaH have shared legal custody of the children.
2. The Mother, Wanetia P. Barrick, shaH have primary physical custody of the children
subject to the foHowing periods of partial physical custody for the father, Carl N. Rowe:
a. Every other weekend from Friday at 3:00 P.M. through Sunday at 6 P.M.
The Father shaH pick up children at daycare on Friday and return the children to the Mother by'
6:00 P.M. on Sunday;
b, Every Wednesday from 7:00 A.M. through Thursday 8:00 A.M., when the
father shaH deliver the minor children to daycare by 8:00 A.M.;
c. Every Monday from 3:00 P.M. to 6:00 P.M. The Father shaH pick up
children at daycare and return the children to the mother at 6:00 P.M,
3. The parties funher agree to the foHowing provisions. These provisions shaH
supersede the provisions of paragraph 2 above.
a. The parties agree to alternate custody on Easter Sunday, Memorial Day and
Thanksgiving from 10:00 A.M, to 6:00 P.M. Father shaH have custody of the children on
Easter, April 16, 1995.
EXHIBIT "A"
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b. Mother shall have children from 12:00 P,M. Christmas Eve to 12:00 P.M.
on Christmas Day (1995) at which lime she will deliver Ihe children to the Father who shall
have partial custody of children from 12:00 P.M. Christmas Day to 12:00 P.M. the next day.
c. Father shall have partial custody of the children on Father's Day from 10:00
A.M. and return the children to the Mother by 6:00 P.M.
d. Mother shall have custody of the children on Mother's Day. lfMother's Day
falls on a day which otherwise would be the father's day for partial custody, the Mother shall
pick up the children at 10:00 A.M.
e. The parties have agreed that the Father shall have custody of the children on
his birthday, April 21. If this day falls on a day which otherwise would be during the Mother's
period of custody, the Father shall pick up the children at 10:00 A.M. and return the children
to the Mother by 6:00 P.M.
f. The parties have agreed that the Mother shall have custody of the children on
her birthday, September 21. If this day falls on a day which otherwise would be during the
father's period of partial custody, the Mother shall pick up the children at 10:00 A,M. and
return the children by 6:00 P.M.
g. The parties have agreed to share custody during the children's birthdays.
Mother shall have custody of the children on May 18 from 10:00 A.M. to 2:00 P.M. at which
time she will deliver the children to the Father, Father shall have custody of the children on this
day from 2:00 P.M. to 6:00 P.M. at which time he shall return the children to the Mother if this
day falls on a day which would otherwise be the mother's day for custody, Also. the Father
shall have custody of the children on August 3 from 10:00 A.M. to 2:00 P.M. at which time
he will deliver the children to the Mother, Mother shall have custody of the children on
.
August 3 from 2:00 P.M. 106:00 P.M. and return the children to the father if this day falls on
a day which would otherwise be the father's day for partial custody.
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4. Each party shall have custody of the children on two non-consecutive weeks (7
uninterrupted days) during the year upon 60 days wrinen notice to the other party. The consent
of the other party shall not be unreasonably withheld.
S. The parties may alter this custody arrangement upon written agreement.
BY THE COURT:
J.sJ >>-. It).JJ..a"!. &.. f.-
d' J.
TRUE COPY FROM RECORD
In Testimony whereot, I here unto set my~nd
. :ld the seal of oold Court at carlisle. Pa.
lhls ..2;) M day 01 +.L.(,.", ~9'9.s-
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 94-2186 CIVIL 1994
WANETIA P. BARRICK,
Plaintiff
~ ~,0JC<..~:;
isa M. Wa son
Certified Legal Intern
CARL N. ROWE
Defendant
CERTIFICATE OF SERVICE
I, Lisa M. Watson, certified legal intern , Family Law
Clinic, hereby certify that I have served a true and correct copy
of said Praecipe to Enter Appearance on William C. Vohs,
plaintiff's attorney, whose practicing at 26 West High Street,
Carlisle, Cumberland County, Pennsylvania, by depositing a copy
of the same in the United States mail, this 19th day of October,
1994.
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WANETIA P. BARRICK,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v
.
.
:NO. 2186 - CIVIL - 1994
CARL N. ROWE,
Defendant
.
.
.
.
:CIVIL AC2'ION - CUSTODY
COURT ORDER
AND NOW, this 2oll. day of DUt'......l,er , 1994, upon consideration
of the attached Custody Conciliation Report, it is ordered and
directed as follows:
1. scheduled in the above case on the~J'ld....-day of
, 199.'1 at '1: .:", A.M., in Courtroom No. ];
and county Courthouse at which time testimony
will be taken in this case. At this Hearing, the Mother,
Wanetia P. Barrick, shall be deemed to be the moving party
and shall proceed initially with testimony. Counsel shall
file with the Court and opposing Counsel a memorandum setting
forth a list of witnesses that will be called to testify at
this Hearing along with 8 summary of anticipated testimony of
each witness. Additionally, the memorandum shall set forth
each party's respective position on a resolution of the custody
issue before the Court.
2. Pending further Order of this Court or agreement of the parties,
this Court's Order of May 4, 1994, shall continue in effect
subject to the following modifications:
A. The Father's periods of physical custody with the minor
child pursuant to Paragraph 2A of the May 4, 1994 Order
is vacated. Hereafter, Father's temporary custody shall
be every other weekend from Friday at 4 P.M. through
Monday when the Father will deliver the children to the
daycare center by 8 A.M. on Monday morning.
B. Father's periods of temporary custody with the minor
children pursuant to Paragraph 2B of the May 4, 1994
Order is vacated, and Father shall hereafter enjoy
temporary custody every Wednesday from 7 A.M. through
Thursday morning when the Father shall deliver the
minor children to daycare by 8 A.M.
......:,....................,-
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C. In all other respeots, this Court's May 4, 1994 Order
shall remain in effeot.
D. The alternating weekend sohedule set forth above shall
oommenoe starting on the weekend of Deoember 23 when
the Mother shall have custody on that weekend, subject
to Father's period of partial custody on Christmas Day
on December 25 pursuant to Paragraph 2E of this Court's
May 4, 1994 Order.
BY THE COURT,
Jud
cc: William C. Vohs, Esquire
Lisa Watson-Family Law Clinic
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WANETIA P. BARRICK,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v
.
.
:NO. 2186 - CIVIL - 1994
CARL N. ROWE,
.
.
:CIVIL ACTION - CUSTODY
PRIOR JUDGE: JUDGE J. WESLEY OLER, JR.
CONCILIATION CON1!ERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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:
Cody D. Rowe, born May 18, 1992, and Shianne D. Rowe, born
August 3, 1993.
2. A Conciliation Conference was held on December 2, 1994, with
the following individuals in attendance:
The Mother, Wanetia P. Barrick, with her counsel, William C.
Vohs, Esquire, and the Father, Carl N. Rowe, with his counsel,
Lisa Watson of the Family Law Clinic.
3. The mentioned Conciliation Conference was continued, and the
legal counsel for the parties conducted a telephone conference
with the Conciliator on December 14, 1994.
4. There is a current Custody Order in place which allows for
shared legal custody, the Mother having primary physical
custody, the Father having temporary custody on every weekend
and during the day on Wednesdays.
5. Mother filed a Petition to modify this Order. She claimed
that the original Order was issued at a time that the parties
reached an agreement on custody because the Mother was not
employed. She felt that she could have quality time with the
children during the week and allow the Father quality time on
the weekends when he was off work. Mother is now in classes
at Harrisburg Area Community College and will start full time
in January at Harrisburg Area Community College. She asserts
that this change will limit her opportunity to be with the
children and, for that reason, she requests that the custody
proviiosns be modified. Mother is seeking the Father to have
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custody on alternating weekends instead of every weekend.
6.
Despite attempts to reach a settlement at
parties are unable to reach an agreement.
necessary. A Hearing should take no more
a conference,
A Hearing is
than one day.
the
7. The Conciliator recommends an interim Order which will
change the status quo and allow for the Mother to have time
with the children on weekends. This can be done with an
expansion of the Father's time on the weekends that he is
with the child and also an expansion of the Father's time
during his mid-week visitation. This would be an interim
Order subject to further review by the Court at the Hearing.
8. The Conciliator recommends an Order in the form as attached.
1~119/~l{
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Hubert X. Gilroy, Esqu~
Custody Conciliator
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v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
WANETIA P. BARRICK,
Plaintiff
CARL N. ROWE,
Defendant
: NO, 94-2186 CIVIL TERM
ORDER OF COURT
AND NOW, this Z2..J day of t:. l,. ... "1 ' 1995, upon consideration of the attached
Custody and Visitation Agreement concerning the custody of the parties' children:
Cody D. Rowe, D.O.B. 5/18/92 and Shianne D. Rowe, D.O.B. 8/3/93, the following is hereby
ordered and directed:
1. The Parties shall have shared legal custody of the children.
2. The Mothcr. Wanetia P. Barrick, shall have primary physical custody of the children
subject to the following periods of partial physical custody for the father, Carl N. Rowe:
a. Every other weekend from Friday at 3:00 P.M. through Sunday at 6 P,M,
The Father shall pick up children at daycare on Friday and return the children to the Mother by
6:00 P.M. on Sunday;
b. Every Wednesday from 7:00 A.M. through Thursday 8:00 A.M., when the
father shall deliver the minor children to daycare by 8:00 A.M.;
c, Every Monday from 3:00 P.M. to 6:00 P.M, TIle Father shall pick up
children at daycare and return the children to the mother at 6:00 P.M.
3. The parties further agree 10 thl' following provisions. These provisions shall
supersede the provisions of paragraph 2 above.
a. The panics agree to altematt. custody on Eastp.r Sunday, Memorial Day and
Thanksgiving from 10:00 A.M. to 6:00 P.M. Father shall have custody of the children on
Easter, April 16. 1995.
. M
\
b. Mother shall have children from 12:00 P.M. Christmas Eve to 12:00 P.M.
on Christmas Day (1995) at which time she wil1 deliver the children to the Father who shall
have partial custody of children from 12:00 P.M. Christmas Day to 12:00 P.M. the next day,
c. Father shall have partial custody of the children on Father's Day from 10:00
A.M. and return the children to the Mother by 6:00 P.M.
d. Mother shall have custody of the children on Mother's Day. If Mother's Day
falls on a day which otherwise would be the father's day for partial custody, the Mother shall
pick up the children at 10:00 A.M.
e. The parties have agreed that the Father shall have custody of the children on
his birthday, April 21. If this day falls on a day which otherwise would be during the Mother's
period of custody, the Father shall pick up the children at 10:00 A.M. and return the children
to the Mother by 6:00 P.M.
f, The parties have agreed that the Mother shall have custody of the children on
her birthday, September 21. If this day falls on a day which otherwise would be during the
father's period of partial custody, the Mother shall pick up the children at 10:00 A.M. and
return the children by 6:00 P.M.
g. The parties have agreed to share custody during the children's birthdays.
Mother shall have custody of the children on May 18 from 10:00 A,M. to 2:00 P.M. at which
time she will deliver the children to the Father. Father shall have custody of the children on this
day from 2:00 P.M. to 6:00 P.M. at which time he shall return the children to the Mother if this
day falls on a day which would otherwise be the mother's day for custody. Also, the Father
shall have custody of the children on August 3 from 10:00 A.M. 102:00 P.M. at which time
he will deliver the children to the Mother. Mother shall have custody of the children on
August 3 from 2:00 P.M. to 6:00 P.M. and return the children to the father if this day falls on
a day which would otherwise be the father's day for partial custody.
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4. Each party shall have custody of the children on two non-consecutive weeks (7
uninterropted days) during the year upon 60 days written notice to the other party. The consent
of the other party shall not be unreasonably withheld.
S. The parties may alter this custody arrangement upon written agreement.
BY THE COURT:
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: IS TI!! COURT OF COMMON "LIlAS 01'
: CUMDJiRLhNI) l.'aUNl'Y. I'P,lolNSYLVAIiIA
C:IYIL A(,'nON -1.AW
. IN CUSTODY
WANMI'IA P. BAlUUCK,
P1alnlilf
CARL N, ROWE,
DIClIndalII
, NO, 94 ~116 CML TIlKM
CUSTODV AND VIMITA1'lON AUKIiKMR~"T
mlS AOaeEMI'Nr,1IIIllr d~, .'1'.:1 ~I~~" i(L.~,) , I'l')J, Ilel_ pllilldlf,
W~1I1 P. lIIrrlck, .....lItr.udllll, CIlI N. Ra.."C. COllCCfl1> ,hi e\l.\lod)'lIr lhtlr clWdren.
Cnd~ D. 1Iawe, D.O.B. slum 1M S~t.nne DRAW, D,O.II. 8/3/93.
WKIlIWAS, p!alalUT.no! clcr.lldlnl dc,U1 10 Clllfl 1111. an ","/M1Il "' In 1M culllldy
01 tilt ,hlldtcn Ind lI\ "IYe thlll&rCCIII~ 1Il'~' ..,II,.!.. otCOII:t, pilln.l!hlll! defenlanllllW
III dlIlbllawlJlll:
I, P.rtle..uU ba.'t .lIl.ed lec"lllUItOdy or tht ~hl"'r,".
2, The MOIllei', Wlnedl P. U"Tkk. ~h;a1l h"'I"lnlll)' pll~'1CI1 curlod)' ofll1e dlildren
IIIbjm 10 tilt followine l't.,Irod. or renml rhy.f;:alw.lud, r,..lba rlu.... Cui N, lIowe:
,"~. 3. II.." uUIU _bolllOIll FrlClly II ':00 l' tor fI,m,c" ~nlIY II 6 P.M.
TIlt FIIhtt aIlaIl ria ~p dltldRfl ., dIIv:ol\' or. Friday M4 /lMTlh child.cn 10 till Moll.., lIy
6:00 1'.M.l.>n S.~. c,(l-
II. P.very Wednadll)' frum 7.00 A.M. '''"'.ah TIllInday 8:00 A.M.. when the
BtlIet ""'11 dellvll tbo mID.or chlldrwn lU .II)'''''' II~ H:OO "'Moo
" I!\cry ",_~ IT<lm ~:W P M lCl ".on I' M The PlIIle, WlI rick up
dIlId_ At cII,..~ 1M 1ftlm 1M :I1llc1ron Ig the mother II 6:00 P.M.
,. 'I1lII plrtl,," CIIIIhrz 'a." Iv I'" rnllll'Nina pl"oVlliolU. 11ll:1c 'F!ll'ii.lona ahall
_ ._' ~.I!la proYlllcao or pa....apb 2 ahn....
.. 'b~ patx. ....II! It, 11I",",^Ir. t:n\fndy ^rt r....." 511MItY. Manurbl VI) and
T1wIbllma 110m 10:00 A.M. IU t-:oo P.M. P~1hIr lhall ban cu.ody ot Ihe ehlldml on
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h. M/lllllr all ha\,: dW~letl rIN" 12:00 P.M. Ch,Iat_ Bw 10 12:00 P.M
an CIlrII\Dlll 0.)' (19115) at whii:h "11IO ..... 11/11I dell\'lll' dll clllkImll~ 1M P.Ihc. who .Mil
"VII panW _'IlII, 01 children /tom 12:00 P.M. ClI,I_ 0.110 12.00 P.M, 1M _I da)'.
e. 1'I11\ll' ahAlIIIIVC "anllll ~W\OlIy "rd.. .hild_ .... I'IJ",,'I tll)' fIOlllIO~OO
A.M. .nd r=sm ilia ollllllnn IU tOle: MollIe. bl' MQ r M.
d. N",ho' ....1111.\.. tUOlnll)' Ilfthe cblld... un MullI.,', Do,. IfModler', Day
r.11J 011 141)' ,.'IIlClI U\1ICNlloe WIIukl II. ,... rllhot', dlY fo" rarllal .'\I~)', Il10 MI1Ih.lr .11
pldl: up Ibt c1t114ton 1110;00 A,N.
e. Tbr prl"" lI.\y.lJ:I..... Ihllllb~ ralher IlUU IlIve Clllllldr .,; 'hi ehlld..n on
h!I blrlbdIY. April 21. Iftllll day I.lla on, oay v.t\lclI Ulhl:rwi.... wI111M h.. L1ur1llllha McIbc,'a
perlocl of MIllIIY. tho Pllbrl' &lull pi<:k up .he c.'&ildrcn'l IU:Q() A.M. llId nlllm IlIe ollIldml
to tho MOlbtr t'Y &.nn P.M.
f. 11Ie panlea 1lI\" l;lWlIlhI\ lht M\'Ithot ,ball have t\Il1ocly ..r '1Ia cluJdrm 01\
Jltr IlInbdly, Itpwmbtr 21. If I~I. dOllall. on 0 0.) which l'4hcIWIJC WOIIld bo dIlrIllllIIt
hIhu'l pcnocI of JllrliII CUIIM~I. IIla Mollltr 11\I11 pleL UJlIhI chl1dnn 01 10:00 A M. IlIlI
1'IIlI'" Ihe o!Illdrtn bl' 6:00 Pot.I.
a. Tbe pot_ haye Illlml III .hf,.. 'Ullocly d~tlr". the chlldreo', blnJoJll1l
MoIIIIr lbaU haYl culbl4r or II1c elllldrfn ('n M.y I~ from 10-00 ^.M 10 ;:'00 1'.M ., Wlllcll
IIml llIe will G&lhw dill c;hl!drtn 10 the I'allltr. !'aUIer.m1l blY. CIIlllI/dy ul w .hlldml on .~j.
clay from 2:00P.M. 106'00 P.M ill wllltl.lImc he sballlClUtu lho c;hlldlClllO lbe MOllIe, Ifllll.
clay fa," on. dl7 wbil:b WOIII4 (IIIlctWIa. ~a !!Ia l\IllCl1Ir's clay f'" ~'\UlOCly. Allu, lilt Puller
1II.lIl11ve IIII11ldy uf w ehlldtWI on AUIUl! 3 fnxn 10:00 A.M, 10 2:00 P.M. at which Innc
be wiD claUm lbt chUdMlIU U. M.'Mt. M\III.., .h,n ha\'t cUllody or tbr tbl14.... ""
AUI\ld 3 from z:oo p.M. lU (\:00 P.M. IIIlI 1ONL'Jl W cIIildlTIO to 1M Cltblt ifodll,Ila, lldb UII
1 clay .,bIt;b WOIIId u!tt'1lIlae be lilt 1lIIbor', dily '"' J'Il"'.1 (lIldlllly.
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'0 I!IDb plR)' .b111 have callud1 nt Ihe dIiIdn:n lllI IWII non-co_Ii" "VCCO ('I
IIIIImIrNcUd dIYI) durlllllllle year UJl''CI6Il d"A wrlUClI1llll1ec to IhI olla pan)'. 111.0011II11I
at tilt lll'" JlU\I' ohollllOC be ulftlJllllAllly wIlbbIklo
$, TIle polll.. mAY .IIIT 1111. GUM) IIITIlIlI'lIrn. uren wrinttl AflI'UlIICJ\l.
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Anomer If Law
eo TIle (lIIlIM bI/lIlU ...... 10 be Icplll' buund by 1Ilc ICfIllI 11'11I11 ,,_IIlI.
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THOMAII a.. I'ImUlIl
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l'AMlI.Y LAW ~:JJHlll
45 NOrlII PItt 511'III
C.I1IIIe. 1'1. 1'101'
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LAW OFFICE OF
"Jacgucline M. Verney
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.. S. HANOV(~ ST. . CA~lI!U, PA 170U . (717) 2.].9190 . FAX (717) 1.3.JSlB
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WANETIA P. BARRICK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
94-2186 CIVIL TERM
v.
CARL N. ROWE,
Defendant
ORDER OF COURT
AND NOW, this 23rd day of July, 1996, upon
consideration of the Defendant's Petition for Emergency
Injunctive Relief To Prevent Relocation filed with respect to
the parties' children, Cody D. Rowe (age four) and Shianne D.
Rowe (age three), and pursuant to an agreement reached in open
court between the Plaintiff, representing herself, and the
Defendant, who was present and represented by James J. Kayer,
Esquire, it is ORDERED and DIRECTED as follows:
1. Legal custody of the aforesaid children shall be
shared by the parties.
2. with respect to physical custody of the said
children, the arrangement shall be as follows:
a. The father, Carl N. Rowe, shall have primary
physical custody of the children subject to the following
periods of partial physical custody for the mother, Wanetia P.
Barrick:
(1) On even-numbered years, the mother shall
have one week period of partial physical custody over the
Thanksgiving holiday.
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FlLEO-QFFICE
OF TH~ Pi'!)THClNOTI\q'(
96 hUG 13 Mill: 07
CUM&riui"v C";\JNIY
PENNSYLVANIA
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(2) On odd-numbered years, the mother shall
have a one-week period of partial physical custody over the
Christmas holiday.
(3) Each summer, the mother shall have a
period of partial physical custody of four consecutive weeks,
and the mother shall give notice of the specific date upon which
said period shall begin to the father no later than May 1 of
each year. Such summer visitation shall commence during the
summer of 1997.
(4) All transportation arrangements regarding
said periods of partial physical custody shall be the
responsibility of the mother.
(5) On those occasions when the mother
returns to the local area, she shall have partial physical
custody of the children upon her giving reasonable notice to the
father.
(6) Each parent shall afford the other
reasonable telephone access to the children, and shall keep the
other parent informed as to any changes of address or phone
numbers.
(7) The maternal grandparents shall have a
period of partial physical custody with the children each
saturday evening. said grandparents shall be responsible for
transportation arrangements for such visits.
b. Nothing herein is intended to prevent the
. . . "
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parties from altering the terms of this physical custody
provision by mutual agreement in writing.
This order shall supersede and replace any existing
custody orders with respect to the children.
By the Court,
Wanetia P. Barrick
2852 sixth street
,..~~ Shelbyville, HI 49344
~~ Plaintiff, Pro Se
111q~ JAMES J. KAYER, ESQUIRE
g I'} 4 E. Liberty Avenue
, Carlisle, PA 17013
For the Defendant
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WANETIA P. BARRICK.
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNlY,PENNSYLVANIA
.
.
V.
: CIVIL ACTION - LAW
.
.
CARL N. ROWE,
DefendanURespondent
: NO. 94-2186
: IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition ofWanetia p, Barrick respectfully represents as follows:
1. The Petitioner is Wanetia p, Barrick, who resides al 511 Conodoguinet Avenue,
Carlisle, Cumberland County, Pennsylvania, 17013,
2, The Respondent is Carl N, Rowe, who resides at 1349 Grandview Court, Carlisle,
Cumberland County, Pennsylvania 17013,
3, An Order of Court was entered on July 23, 1996, concerning Cody Rowe, ODB
5/18/92 and Shianne Rowe, DOB 8/3/93, a true and correct copy of which is attached
hereto as Exbibil "A",
4, The Order should be modified because:
a, Petitioner returned to the area in 1996, shortly after the present Order was entered,
and the parties agreed to a custody arrangement providing for Mother to have
physical custody of the children every weekend, Since July, 1998 MOlher also
has had physical custody of the children every Wednesday,
b, Mother recently learned that the medical insurance arranged for by Father for the
children has been dropped,
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c, Mother recendy learned that Father and his girlfriend make disparaging remarks
about her to the children which has adversely affected the children,
d. Father and his girlfriend denigrate Shianne, saying that she is not pretty because
she looks like her Mother, Falher encourages Cody to say similar negative
remarks to Shianne, Shianne's self esteem has been damaged because of these
remarks,
e, Mother can provide a loving, caring. nurturing environment for the children,
S, Mother believes it wiU be in the best interest of the children if she has primary
physical custody of the children,
6, Petitioner requests that the Order be changed to provide for the parties to have shared
legal custody with Mother having primary physical custody of the children and Father
having periods of partial physical custody of the children,
WHEREFORE, Petitioner requests that the Court modifY the eldsting Order for Custody
because it will be in the best interest oflhe children,
RespectfuUy submitted:
Date: .:1../3/99
~~~y,~:rr>-
Supreme Ct, 1023167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attomey for Petitioner
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YERIFICA TION
I verify that the statements made herein are true and correa, I understand that
false statemenls herein are made subject 10 Ihe penalties of 18 Pa,C.S, section 4904
relating to unsworn falsification 10 authorities,
[)-\ -qq
Date
\ k~~"-ffi
Wanetia P. Barrick
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WANETIA P. BARRICK,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
94-2186 CIVIL TERM
v.
CARL N. ROWE,
Defendant
ORDER OF COURT
AND NOW, this 23rd day of July, 1996, upon
consideration of the Defendant's Petition for Emergency
Injunctive Relief To Prevent Relocation filed with respect to
the parties' children, Cody D. Rowe (age four) and Shianne D.
Rowe (age three), and pursuant to an agreement reached in open
court between the Plaintiff, representing herself, and the
Defendant, who was present and represented by James J. Kayer,
Esquire, it is ORDERED and DIRECTED as follows:
1. Legal custody of the aforesaid children shall be
shared by the parties.
2. with respect to physical custody of the said
children, the arrangement shall be as follows:
a. The father, carl N. Rowe, shall have primary
physical custody of the children subject to the following
periods of partial physical custody for the mother, Wanetia P.
Barrick:
(1) On even-numbered years, the mother shall
have one week period of partial physical custody over the
Thanksgiving holiday.
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(2) On odd-numbered years, the mother shall
have a one-week period of partial physioal oustody over the
Christmas holiday.
(3) Each summer, the mother shall have a
period of partial physical custody of four oonsecutive weeks,
and the mother shall give notice of the specifio date upon which
said period shall begin to the father no later than May 1 of
each year. Such summer visitation shall commence during the
summer of 1997.
(4) All transportation arrangements regarding
said periods of partial physical custody shall be the
responsibility of the mothor.
(5) On those occasions when the mother
returns to the local area, she shall have partial physical
custody of the children upon her giving reasonable notice to the
father.
(6) Each parent shall afford the other
reasonable telephone access to the children, and shall keep the
other parent informed as to any changos of address or phone
numbers.
(7) The maternal grandparents shall have a
period of partial physical custody with the children each
Saturday evening. said grandparents shall be responsible for
transportation arrangements for such visits.
b. Nothing horein is intended to prevent the
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.
parties from alterinq the terms of this physical custody
provision by mutual aqreement in writinq.
This order shall supersede and replace any existinq
custody orders with respect to the children.
By the court,
Wanetia P. Barrick
2852 sixth street
~~ Shelbyville, HI 49344
~~ plaintiff, Pro Se
I '1\4~ JAMES J. KAYER, ESQUIRE
~ \7 4 E. Liberty Avenue
~.., carlisle, PA 17013
For the Defendant
wcy
TRUE COPY FROM RECORD
In Testimony whereof. I here unto lilt rrri hand
and the seal of said ~ Car1lsIe. PI.
This ..2: .tJ..day ~ 'if
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W ANETIA P. BARRICK,
Plaintiff/Petitioner
: IN TilE COllRT QIo" COMMON PLEAS OF
: CliMBER LAND COllNlY, PENNSYLVANIA
.
.
V.
: CIVIL ACfION - LAW
CARL N. ROWE,
Defendant/Respondent
: NO. 94-2186
.
.
: IN CUSTODY
ORDER Of (;QURT
AND NOW, this I") day of \,,{'" hC\...JCI (it: . 1999, upon
consideration of the altached Petition for Modification of ustody Order, it IS hereby
directed Ihallhe parties and their respective counsel shall appear before \-\.)\-Pr-\-
~. (..., 'rCM \ Ec:,o , .Ihe Concillalor. at-\\.... S"'\'=\, \~\"l\d ~ .r, IV\brr\cMlof!l.<,\ttroS-c...
onthe~d8yof I\~n\ ,I999at ~~', '\C) 0' ocka,m.,foraPre-
Hearing Custody Conferenc , AI such conference, an effort will be made to resolve the
Issues in dispute; or if this cannot be accomplished, to define and narrow ilie issues to be
heard by the Court. and 10 enter Inlo a Temporary Order, All children age five or older
may also be present at the Conference, failure to appear al the Conference may provide
grounds for enlry of a lemporary or permanent order,
fOR THE COURT,
BY:~):"x ~',o..C".L\ [.1) ,
Custody Conciliator --~;')
The Court of Common Pleas of Cumberland County Is required by law 10 comply with
Ihe Americans with Disabilities ACI of 1990, for informalion 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 beforelhe court, You must attend the scheduled
conference or hearing,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE TIlE OFFICE SET fORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(71 7) 249-3166
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
NO, 94-2186 CIVIL
IN CUSTODY
WANETIA p, BARRICK,
Plaintiff
CARL N, ROWE.
DefendWlt
COURT ORDER
AND NOW. this I b {t,day of April, 1999. upon consideration of the attached
Conciliation Report. it is ordered Wld directed as follows:
Custody
1. A hearing is schedule in Courtroom No, 1 of the CumberlWld County Courthouse
on the '}sA day of , 1999, atl.!M.A"M, at which time testimony will
be taken in the abov ase, At this hearing, the Mother. WWletia p, Barrick, shall be
the moving party Wld shall proceed initially with testimony. Counsel for the parties
shall file with the court Wld opposing counsel a memorandum setting forth the
history of custody in this case, the issues currently before this court, a list of
witnesses who will testifY on behalf of that party Wld a summary of the Wlticipated
testimony of each witness, This memorandum shall be filed at least 10 days prior to
the mentioned hearing date,
2, Pending further order of this court, the following custody order is entered:
A. The Mother. WWletia p, Barrick, Wld the Father, Carl N. Rowe, shall
enjoy shared legal custody of Cody Rowe, born May 18, 1992; Wld
Shianne Rowe, born August 3, 1993,
B, During the school year. the Father shall enjoy primary physical
custody of the minor children,
C. During the school year. Mother shall enjoy periods of temporary
physical custody of the minor children in accordWlce with the
existing schedule between the parties which is every weekend from
Friday until Sunday Wld every Wednesday evening,
D. Starting the weekend after the children are released from school, the
parties shall alternate physical custody during the summer months on
a week on/week off basis with the Mother to have the first week,
ExchWlge of custody on the weekly basis during the summer shall be
on Sunday evening at 5:00 p,m, unless agreed otherwise between the
parties,
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E. The non-custodial parent that is receiving the children shall pick the
children up fonn the other parent's home at the beginning of each
custody period, However, the transportation for the Wednesday
evening visitation that Mother enjoys shall be handled exclusively by
Mother,
.
J.
cc: Jacqueline Verney, Esq,
Jamers Kayer, Esq, - c....~ (1
r/fjpl
'A' ~ II
. Wesley 01
1i/1'1/Q".
..J,,'f,
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 94-2186 CIVIL
IN CUSTODY
. .
W ANETIA P. BARRICK,
Plaintiff
CARL N, ROWE,
Defendant
Prior Judge: J, Wesley Oler, Jr.
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:
I. The pertinent infonnation pertaining to the children who are the subject of this litigation is
as follows:
Cody Rowe, born May 18, 1992; and Shinnne Rowe, born August 3, 1993,
2. A Conciliation Conference was held on April 8, 1999, with the following individunls in
attendance:
The Mother, Wanetia p, Barrick, with her counsel, Jacqueline Verney. Esquire; and the
Father. Carl N, Rowe, with his counsel, James Kayer, Esquire,
3, There is an existing order from July of 1996 that provided Father with primary physicn1
custody. At that time, Mother was living in Michigan, Mother has since moved back and
has been enjoying custody of the minor children on every weekend and on a Wednesday
evening each week, Mother now petitions the court to modifY the custody nrrnngement
seeking shared legal custody with a week on/week off custody nrrnngement. Father is
adverse to that nrrnngement during the school year and suggests that such an nrrnngernent
during the school year would be disruptive to the children, However. Father is agreeable to
that type of nrrnngement during the summer months, A hearing is required to detennine
whether the 50150 custody nrrnngement should be implemented on a full time basis,
4, The Conciliator recommends an order in the fonn as attached,
~ 1/Qy
DATE '
HtZ~squire
Custody Conciliator
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WANETIA p, BARRICK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION. LAW
: NO.94-2186 CIVIL
: IN CUSTODY
v,
CARL N. ROWE,
Defendant
STIPULATION AND AGREEMENT FOR CUSTODY
COMES NOW, Wanetia P. Barrick. hereinafter referred to as "mother", and Carl N,
Rowe, hereinafter referred to as "father", who agree that their existing custody order should be
replaced with the following agreement, which shall be entered as an order of court;
1. Legal custody of the parties' children, Cody D. Rowe, date of birth, May 18, 1992 and
Shinnne D, Rowe. date of birth, August 3. 1993 shall be shared by the parties,
2, With respect to physical custody of the said children, the arrangement shall be as
follows: The parties shall share physical custody of the children on an altemating weekly basis,
with custody transferring at 6:00 p,m" each Sunday. The party obtaining physical custody of the
children shall be responsible for transportation,
3, Holiday visitation shall take priority over the ordinary altemating week schedule,
4, The Christmas holiday shall be divided between A and B Segments, Segment A,
commences at noon on December 24. and concludes at noon on December 25, Segment B,
commences at noon on December 25, until noon on December 26, In even numbered years, the
Father shall have Segment A and the Mother shall have Segment B. In odd number years, the
Mother shall have Segment A and the Father shall have Segment B.
5, The Parties shall divide the Easter and Thanksgiving Holidays into two Segments.
Segment A shall be from 8:00 a.m" until 3:00 p.m, and Segment B shall be from 3:00 p,m" until
9:00 p,m. During odd years, the Father shall have Segment A for the Easter Holiday and
.... -,-,-
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Segmenl B for the Thanksgiving Holiday. During even years, the Father shall have Segmcnt B
tor the ElISter Holiday and Segment A for the Thanksgiving Holiday,
6. Mother shall enjoy each Mother's Day with the children from 9:00 a,m., until 9:00
p,m,
7, Father shall enjoy each Father's Day with the children from 9:00 a,m.. until 9:00 p.m,
8. Each purent shall afford the other rellSonable telephone access to the children, and
shall keep the other purent advised lIS to any changes of address or telephone number,
9, Thll Parties IIgrl:ll to share thc lax bcncfits arising irom tlu: chiiJrl:1l UIo fuiiu\\s:
Father shall claim all benefits IISsociated with Shianne D, Rowe and Mothcr shall claim all
benefits IISsociated with Cody D. Rowc. Each party agrees to execute aU documents necessary to
effcctuate this provision,
10, Nothing herein is intended to prevent the parties from altering the terms of
physical custody provision by mutual agreement.
11, This order is bllSed upon an agreement of the parties after each hIlS consulted with
their respective counsel.
u)tJ.Mk 12b~~
Wanctia r, Earrick
L~ o/l ~
Carl N, Rowe
.
........ --
. ,.
. .
WANETIA P. BARRICK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO,94-2186 CIVIL
: IN CUSTODY
v,
CARL N, ROWE,
Defendant
ORDER OF COURT
H Au~~.s.t
AND COMES NOW. this ~ day of ~ 1999, upon an Agreement of the Parties,
the Court's Order of July 23, 1996 shall be vacated and replaced with the terms set forth as
follows:
1. Legal custody of the parties' children, Cody D. Rowe, date of birth, May 18, 1992 and
Shianne D, Rowe, date of birth, August 3, 1993 shall be shared by the parties,
2. With respect to physical custody of the said children, the arrangement shall bc as
follows: The parties shall share physical custody of the children on an alternating weekly basis,
with custody transferring at 6:00 p,m" each Sunday. The party obtaining physical custody of the
children shall be responsible for transportation,
3. 'Holiday visitation shall take priority over the ordinary alternating week schedule.
4, TIle Christmas holiday shall be divided between A and B Segments, Segment A,
commences at noon on December 24. and concludes at noon on December 25, Segment B,
commences at noon on December 25, until noon on December 26, In even numbered years, the
Father shall have Segment A and the Mother shall have Segment B, In odd number years, the
Mother shall have Segment A and the Father shall have Segment B,
5, The Parties shall divide the Easter and Thanksgiving Holidays into two Segments,
Segment A shall be from 8:00 a,m" until 3:00 p,m, and Segment B shall be from 3:00 p,m" until
9:00 p,m, During odd years, the Father shall have Segment A for the Easter Holiday and
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Segment B for the Thanksgiving Holiday. During even years, the Father shall have Segment B
for the Easter Holiday and Segment A for the Thanksgiving Holiday.
6, Mother shall enjoy each Mother's Day with the children from 9:00 a.m" until 9:00
p.m,
7. Father shall enjoy each Father's Day with the children from 9:00 a,m,. until 9:00 p.m,
8, Each parent shall afford the other reasonable telephone access to the children, and
shall keep the other parent advised as to any changes of address 0' telephone number.
9, The Parties agree to share the tax benefits arising from the children as follows:
Father shall claim all benefits associated with Shianne 0, Rowe and Mother shall claim all
benefits associated with Cody 0, Rowe, Each party agrees to execute all documents necessary to
effectuate this provision,
10, Nothing herein is intended to prevent the parties from altering the tenus of
physical custody provision by mutual agreement.
II. This order is based upon an agreement of the parties after each has consulted with
their respective counsel.
By the Court,
J.
J,
.
cc: Jaqueline M, Verney, Esq.
James J, Kayer, Esq,
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WANETIA p, DARRICK
PLAINTIFF
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
94-2186 CIVIL ACI'ION LAW
CARL N. ROWE
DEFENDANT
IN CUSTODY
OItDER OF ('Ollln
AND NOW, Monday, July 19. Z004 , upon considcrution of thc attached Complaint,
it is hereby directed that parties and their respectivc counscl appear before. Huberl X, Gllro~~, the conciliator,
at 4th Floor, Cumberland CouDly Courthouse, Carlisle on Thursday, AUllust tZ, Z004 at 10:30 AM
for a Pre,Hearing Custody Conference, At such conferencc. an clTort will be made to rcsolve the issues in dispute; or
if this cannot be accomplished, to dcfine and narrow thc issues to be heard by the court, and to enter into a temporury
order, All children aAe five or older may also be present at the confcrcnce. Failllrc to appear at the conference may
provide grounds for entry of a temporury or pcrmanentorder,
The court hereby directs the parties to furnish an~' and all existing Protection from Abuse orders,
Special RelicI' orders. and Custody orders to the conciliator 48 hours prior to scheduled hearln2,
FOR THE COURT,
By: /5/
Rubert X, Gilroy, F.sq,
Custody Conciliator
mhc
The Court of Common Pleas of Cumberland COllnly is rcquircd by law to comply with the
Americans with Disabilitcs Act of 1990, For infommlioll about accessible facilities and reasonable
accommodations available to disabled individllals 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
attcnd the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY 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,
ClImberland Counly Bar Association
32 Soulh Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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JUL~
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
W ANETlA p, BARRICK,
Plaintiff
Defendant
: NO, 94-2186 CIVIL TERM
: IN CUSTODY
CARL N. ROWE,
ORDER OF COURT
AND NOW, this
day of
, 2004, upon consideration of the
attached Complaint, it is hereby directed that the parties and their respective counsel appear before
. ESQuire, the conciliator, at
Cumberland County, Pennsylvania, on the
day of
,2004,
at
o'clock _,m" for a Pre-Hearing Custody Conference, At such conference an
effort will be made to resolve the issues in dispute, or if this cannot be accomplished, to define and
narrow the issues to be heard by the Court and to enter into a temporary Order, All children age five
or older may also be present at the conference, Failure to appear at the conference may provide
grounds for entry of a temporary or pennanent Order,
BY THE COURT:
By:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For infonnation 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 LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty A\'cnuc
CARLISLE, PA 17013
(717) 240-3166
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
WANETIA p, BARRICK,
Plaintiff
Defendant
: NO, 94-2186 CIVIL TERM
: IN CUSTODY
CARL N. ROWE,
PETITION FOR MODIFICATION OF CUSTODY
AND FOR CONTEMPT
AND NOW. comes Petitioner, Wanetia p, Barrick, by and through her legal counsel.
Bradley L. Griffie, Esquire, and the law linn of Griffie & Associates and files the following
Petition:
COUNT I
MODIFICATION OF CUSTODY
1. Your Petitioner is the above-named Plaintiff, Wanetia p, Barrick, an adult individual
currently residing at 2635 2nd Street, Wayland, Barry County, Michigan,
2, Your Respondent is the above-named Defendant, Carl N, Rowe, an adult individual
currently residing at 640 Alexander Spring Road, Carlisle, Cumberland County,
Pennsylvania,
3. The parties are the natural parents of two children, namely, Cody Rowe, bom May
18, 1992, and Shianne Rowe, bom August 3, 1993,
4, The parties are subject to an Order of Court dated April 16, 1999, which is attached
hereto and incorporated herein by reference as Exhibit "A,"
5, Since the entry of the aforementioned Order, the children have continued to reside in
the primary physical custody of Respondent, who has maintained his residence in
Cumberland County, Pennsylvania,
6, Since the entry of the Order on April 16, 1999, Petitioner has moved from the
Commonwealth of Pennsylvania and has residcd in the State of Michigan since
approximately April 2001.
7. Petitioncr and hcr fiance, Tal Chccrs, residc togcthcr at the above-referenccd address
with Petitioner's children, Shayna D. Barrick, born July 20, 1998, and Christian D,
Barrick, born August 23, 2000,
8. Respondent is married to his wife, Bcverly, and Respondent resides with his wife,
their two daughters, Tiffany Rowe and Taylor Rowe, and the children at issue herein
9, Duc to the distancc betwcen Petitioner's new home and the children's primary
residence with Respondent, Petitioner has not been able to exercise any reasonable
periods of physical custody with the children for a substantial period of time.
10, It is in the best interest and permanent welfare of the children to modify the Order
that is presently in existence as it provided for temporary or partial physical custody
arrangements under circumstances where Petitioner resided in Pennsylvania,
I I, The alternating weekend periods of physical custody during the school year and the
weekly alternating periods of physical custody during the school vacation period are
not reasonable or practical due to the distance between the parties' residences,
12, Despite attempts by Petitioner to secure accommodations for periods of partial
custody with the children, her efforts have been fruitless to date,
13, Petitioner does not know any person not a party to these proceedings who claims to
have eustody or visitation rights with respect to the children,
14, Petitioner has not participated as a party or witness, or in any other capacity in other
litigation, concerning custody of the children,
t:~.;;'l"."l":' ~L"""_
15. Petitioner has no infonnation of any custody proceedings concerning the children
pending in any Court oflhis Commonwealth.
WHEREFORE, Pelitioner requests your Honorable Court to sehedule 0 conciliation
conference and, if neeessary, 0 hearing, at whieh time 0 eustodial arrangement should be
established to provide periods of temporary physical custody between the children and
Petitioner.
COUNT II
CONTEMPT
16, Petitioner's paragraphs 1 through 15 set forth above ore incorporated herein by
reference os if set forth in their full text.
17. For approximately the post three (3) years, Petitioner has attempted to maintain
contact with her children, despite her move to the state of Michigan, which contact
has been thwarted by Respondent.
18. Petitioner hod been unable to afTord counsel previously in this case and, therefore,
was unable to enforce her rights to see her children and hove involvement in the
children's lives,
19, Petitioner retained counsel and has mode contact with Respondent in on efTort to
secure physical contact with her children,
20, Petitioner's efTorts, through counsel, have met with 0 denial and refusal by
Respondent to allow any contact between Petitioner and her children,
21, Respondent and his wife hove advised Petitioner that she is not pennitted to telephone
their home nor hove other contact with the children,
22, Respondent's conduct is in direct violation of the Court's Order of April 16, 1999,
and, therefore, Respondent should be found in contempt of the Court's Order,
br..,.,~,}i~~,__~
23, Petitioner requests your Honorable Court to find Respondent in contempt of the
Court's Order and Order that Petitioner be provided with periods of physical custody
to make up for the periods that hove been lost due to Respondent's contempt and,
further, that Respondent be ordered to pay Petitioner's allomey's fees.
WHEREFORE, Petitioner requests your Honorable Court to enter on Order finding
Respondent in contempt, awarding Petitioner additional periods of physical custody with her
children, and awarding Petitioner the receipt of allomey's fees from Respondent.
Respectfully submilled,
1m, squire
At oriley for titiollerlPlailltijf
GRIFFIE ASSOCIATES
200 North Hanover Street
Carlisle. PA 17013
(717) 243-5551
(800) 347-5552
r.;...,.;;.:=::-:::,.......:...__...J.;..-.i,
VERIFICATION
I verify that the statements made in the foregoing document are lrue and correct. I
understand that false statements herein are made subjeetto the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities,
DATE: 7/ pIn 1
, ,
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WANETIA p, BARRICK, Petitioner/Plaintiff
t;:!",' ',~ :-':""':"'::;;. ~:-
WANETIA P. BARRICK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 94-2186 CIVIL TERM
: IN CUSTODY
v.
CARL N. ROWE,
Defendant
CERTIFICATE OF SERVICE
.Pt
I, Bradley L. Griffie, Esquire, hereby certify that I did, the M- day of July, 2004, eause
a eopy of Plaintirrs Petition for Modification of Custody and for Contempt to be served upon
Defendant by first class mail, postage prepaid at the following addresses:
Carl N, Rowe
640 Alexander Spring Road
Carlisle, P A 17013
DATE: 7/1J.,16'1
riffie, Esquire
tor 'Y for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
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Ird '.j !AI
WANETIA p, BARRICK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CrvlL ACTION - LA W
v
CARL N. ROWE.
Defendant
NO, 94-2186 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this I b ~day of April, 1999, upon considemtion of the
Conciliation Report, it is ordered and directed as follows:
attached Custody
I, A hearing is schedule in Courtroom No, I of the Cumberland County Courthouse
on the .,)sA day of , 1999, atflM.J.,M, at which time testimony will
be taken in the abov ase, At this hearing, the Mother, Wanetia p, Barrick, shall be
the moving party and sholl proceed initially with testimony. Counsel for the parties
shall file with the court and opposing counsel a memorandwn setting forth the
history of custody in this case, the issues currently before this court, a list of
witnesses who will testify on behalf of that party and a summary of the anticipated
testimony of each witness, This memorandwn shall be filed at least 10 days prior to
the mentioned hearing dote,
2, Pending further order of this court, the following custody order is entered:
A. The Mother, Wanetia p, Barrick, and the Father, Carl N, Rowe, shall
enjoy shared legal custody of Cody Rowe, born May 18, 1992; and
Shianne Rowe, born August 3, 1993,
B, During the school year, the Father shaII enjoy primary physical
custody of the minor children,
C, During the school year, Mother shall enjoy periods of temporary
physical custody of the minor children in accordance with the
existing schedule between the parties which is every weekend from
Friday until Sunday and every Wednesday evening,
0, Starting the weekend after the children are released from school, the
parties shall alternate physical custody during the summer months on
a week on/week off basis with the Mother to have the first week,
Exchange of custody on the weekly basis during the summer shall be
on Sunday evening at 5:00 p,m. unless agreed otherwise between the
parties.
EXHIBIT
I "!\ '
.-
E, The non-custodial parent that is receiving the children shall pick the
children up fonn the other parent's home at the beginning of each
custody period, However. the transportation for the Wednesday
evening visitation that Mother enjoys shall be handled exclusively by
Mother.
ee: Jacqueline Verney, Esq,
Jamers Kayer, Esq,
, Wesley 01
"Irq/qq.
~..f.
c..."f": ~,
.
J.
._., 'i" ,"~T
W ANETIA p, BARRlCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYL VANIA
v
CIVIL ACTION. LAW
NO, 94-2186 CIVIL
IN CUSTODY
CARLN, ROWE,
Defendant
Prior Judge: J, Wesley Oler, Jr,
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTI' CIVIL RULE OF PROCEDURE
1915,3-8(b), the undersigned Custody Conciliator submits the following report:
I, The pertinent infonnation pertaining to the children who are the subject of this litigation is
as follows:
Cody Rowe, born May 18, 1992; and Shianne Rowe, born August 3, 1993,
2, A Conciliation Conference was held on April 8, 1999. with the following individuals in
attendance:
The Mother, Wanetia p, Banick, with her counsel, Jacqueline Verney. Esquire; and the
Father, Carl N, Rowe, with his counsel, James Kayer, Esquire,
3, There is an existing order from July of 1996 that provided Father with primary physical
custody, At that time, Mother was living in Michigan. Mother has since moved back and
has been enjoying custody of the minor children on every weekend and on a Wednesday
evening each week. Mother now petitions the court to modify the custody lIlTllIlgement
seeking shared legal custody with a week on/week off custody arrangement. Father is
adverse to that arrangement during the school year and suggests that such an lIlTllIlgement
during the school year would be disruptive to the children, However, Father is agreeable to
that type of arrangement during the swnmer months. A hearing is required to determine
whether the SO/50 custody arrangement should be implemented on a full time basis.
4, The Conciliator recommends an order in the fonn as attached,
~1/qf
DATE
Hubert X, llroy, Esquire
Custody Conciliator
WANETlA p, BARRICK.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO,94-2186 CIVIL
: IN CUSTODY
v.
CARL N. ROWE,
Defendant
STIPULATION AND AGREEMENT FOR CUSTODY
COMES NOW, Wanetia P. Bnrrick. hereinafter referred to os "mother". and Carl N,
Rowe, hereinafter referred to os "father". who agree that their existing custody order should be
replaced with the following agreement. which shall be entered os an order of court;
1. Legal custody of the parties' children, Cody D, Rowe, date of birth. May 18, 1992 and
Shinnne D, Rowe. date of birth. August 3, 1993 shall be shared by the parties,
2. With respect to physical custody of the said children, the arrangement shall be os
follows: The parties shall share physical custody of the children on an alternating weekly bosis.
with custody transferring at 6:00 p.m" each Sunday, The party obtaining physical custody of the
children shall be responsible for tranSportation,
3, Holiday visitation shall take priority over the ordinary alternating week schedule,
4, The Christmos holiday shall be divided between A and B Segments, Segment A,
commences at noon on December 24, and concludes at noon on December 25, Segment B,
commences at noon on December 25, until noon on December 26. In even numbered years, the
Father shall have Segment A and the Mother shall have Segment B, In odd number years, the
Mother shall have Segment A and the Father shall have Segment B.
5, The Parties shall divide the Eoster and Thanksgiving Holidays into two Segments,
Segment A shall be from 8:00 a.m" until 3:00 p,m, and Segment B shall be from 3:00 p,ro" until
9:00 p,m, During odd years, the Father shall have Segment A for the Eoster Holiday and
'~~'tt.~,,,-
Segment B for the Thanksgiving Holiday, During even years, the Father shall have Segment B
for the Easter Holiday and Segment A for the Thanksgiving Holiday,
6, Mother shall enjoy each Mother's Day with the children from 9:00 a,m,. until 9:00
p,m,
7, Father shall enjoy each Father's Day with the children from 9:00 a,m,. until 9:00 p,m,
8, Each parent shall afford the other reasonable telephone access to the children, and
shall keep the other parent advised as to any changes of address or telephone number,
9, The Parties agree to share the tax benefits lll'ising frum the chiiJn:li a:. r...ilu>'o';
Father shall claim all benefits associated with Shianne 0, Rowe and Mother shall claim all
benefits associated with Cody 0, Rowe, Each party agrees to execute all documents necessary to
effectuate this provision,
10, Nothing herein is intended to prevent the parties from altering the tenns of
physical custody provision by mutual agreement.
II, This order is based upon an agreement of the parties after each has consulted with
their respective counsel.
u)CMtP~ I?b~~
Wanetia p, Earrick
~ qz 7f~
arlN,Rowe
.
",'~; ""...~",,^~y:,~:.
WANETIA p, BARRICK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION. LAW
: NO,94.2186 CIVIL
: IN CUSTODY
v.
CARL N. ROWE,
Defendant
ORDER OF COURT
rL. A"n....s.t
AND COMES NOW, this 11- day of ~ 1999, upon an Agreement of the Parties,
the Court's Order of July 23, 1996 shall be vacated and replaced with the tenns set forth as
follows:
I. Legal custody of the parties' children, Cody 0, Rowe, date of birth, May 18, 1992 and
Shianne 0, Rowe, date of birth, August 3, 1993 shall bc shared by the parties,
2, With respect to physical custody of the said children, the arrangement shall be as
follows: The parties shall share physical custody of the children on an alternating weekly basis,
with custody transfcrring at 6:00 p,m" each Sunday, The party obtaining physical custody of the
children shall be responsible for transportation,
3. 'Holiday visitation shall take priority over the ordinary alternating week schedule,
4, The Christmas holiday shall be divided between A and B Segments, Segment A,
commences at noon on December 24, and concludes at noon on December 25, Segment B,
commences at noon on December 25, until noon on December 26, In even numbered years, the
Father shall have Segment A and the Mother shall have Segment B, In odd number years, the
Mother shall have Segment A and the Father shall have Segment B,
5, The Parties shall divide the Easter and Thanksgiving Holidays into two Segments,
Segment A shall be from 8:00 a,m" until 3:00 p,m, and Segment B shall be from 3:00 p,m,. until
9:00 p,m, During odd years, the Father shall have Segment A for the Easter Holiday and
-
f'~"J'':';'' ~
l~A...i,;.~.,._:;.,." "",.....,._.,~(M2;'~ :'
Segment B for the Thanksgiving Holiday, During even years, the Father shall have Segment B
for the Raster Holiday and Segment A for the Thanksgiving Holiday,
6, Mother shall enjoy each Mother's Day with the children from 9:00 a,m" until 9:00
p,m,
7. Father shall enjoy each Father's Day with the children from 9:00 a,m" until 9:00 p,m.
8, Each parent shall afford the other reasonable telephone access to the children, and
shall keep the other parent advised as to any changes of address or telephone number,
9, The Parties agree to share the tax benefits arising from the children as follows:
Father shall claim all benefits associated with Shianne D, Rowe and Mother shall claim all
benefits associated with Cody D. Rowe, Each party agrees to execute all documents necessary to
effectuate this provision.
10, Nothing herein is intended to prevent the parties from altering the tenus of
physical custody provision by mutual agreement,
)), This order is based upon an agreement of the parties after each has consulted with
their respective counsel.
By the Court,
.
J,
.
J.
cc: Jaqueline M, Verney, Esq,
James J, Kayer, Esq,
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SEP t 6 200' f
WANETIA I', BARRICK,
l'lalntirr
IN TilE COURT Of<' COMMON PLEAS Ofo"
CUMBERLANI> COUNTY, I'ENNSYL VANIA
CIVIL ACTION . LAW
\.
CARL N, ROWE,
I>cfcndant
NO, 94-2 I 8C,
IN CUSTOI)Y
Prior Judge: Judge J. Wesley Oler, Jr.
COURT ORDER
J :;0:..(-'+
AND NOW, this l~r,~ day of .A~, 2004, upon consideration of the attached
Custod)' Conciliation report, this courts prior court order of April 16, 1999 Is vacated. The
following custody order is entered:
I. The mother, Wanetla P. Barrick, and the falher, Carl N. Rowe, shall enjoy shared
legal cu.~tody of Cody Rowe born Ma)' 18, 1992 and Shlanne Rowe, born AugllSt 3,
1993,
2. The father shall enJo)' primary ph)'slcal custody of Ihe minor children.
3. The mother shall enjo)' periods of temporal')' physical custody of the minor children
for one week during the summer months and one week during the school year over
the Christmas Hollda)'. Mother shall give father at least 30 days notice as to when she
shall exercise temporal')' cIIStody with the minor child, The mother shall exercise
custody with the children In Cumberland Count)., The mother shall also enjo)'
periods of temporal')' ph)'sical custod)' with the minor children at such other times as
agreed upon b)' Ihe parties,
4. Mother shall eujo)' reasonable telephone contact with the minor children to be at least
once per week at some point after 6pm each evening at a time to be agreed upon by
the parties,
oi~
re')Ih>dJ<y Grlllk, ",...Ire 7 ~ ~ -0 ~
J>6'1 E. Rominger, Esquire Oq.:t3
BY THE COURT,
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W ANETIA I', BARRICK,
l'lalnllrr
SEP 1 6 2aa~
IN TilE COURT OF COMMON I'LEAS OF
CUMBERLANJ) COlJNTY,I'ENNSYLV ANIA
\'
CIVIL ACTION - LAW
CARL N, ROWE,
Dcfcndanl
NO, 94-2186
IN CUSTOJ)Y
Prior Judge: Judge J. Wesley Oler. Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 19I5.3-8(b), the undersigned Custody Concltlalor submits the following
report:
I, The pertinent .informallon pertaining to the children/child who are the subject of this
litigation Is as follows:
Cod)' Rowe, born Ma)' 18, 1992 and Shlanne Rowe, born August 3, 1993,
2, A Concltlallon Conference was held on August 20, 2004, with the following
Individuals In attendance:
The father, Carl N. Rowe, with his attorney Karl Rominger and attorney, Bradley
Griffie, who appeared on behalf of the mother, The mother lives in Michigan and
was unable to attend the conference,
3. The parties agreed to the entry of order In the form as attached,
?IIJ/OV
DATE
;$ -----
Hubert X. Gilroy, Esquire
Custody Concltlator
W~NETIA P. BARRICK,
Plaintiff
CARL N. ROWE,
Defendant
: CIVIL ACTION - LAW
:
:
: NO. C I-%~t L 19
COMPLAINT FOR CUSTODY
IN THE COURT OF COMMON PLEAS OF
COUNTY, PENNSYLVANIA
1. The Plaintiff is WANETIA P. BARRICK
residing at 106B Lincoln Street, Carlisle, Cumberland County,
Pennsylvania.
2. The Defendant is CARL N. ROWE
residing at 165 West North Street, Carlisle, Cumberland County,
Pennsylvania.
3. Plaintiff seeks custody of the following children:
Name
CODY D. ROWE
D.O.B.
5/18/92
Present Residence
106B Lincoln Street
Carlisle, PA 17013
SHIANNE D. ROWE 106B Lincoln Street 8/3/93
Carlisle, PA 17011:3
The children were born out of wedlock.
The children are presently in the custody of Plaintiff,
Wanetia P. Barrick who resides at 106B Lincoln Street, Carlisle,
Pennsylvania.
During the past five years, the children have resided with
the following persons and at the following addresses:
Persons AddrRsses Dates
Plaintiff alone 106B Lincoln Street 4/1/94 to present
Carlisle, PA 17013
Plaintiff and
Defendant
Plaintiff and
Defendant
alternating
between each
one's respective
parent's home
106B Lincoln Street
Carlisle, PA 17013
165 W. North st.
and
511 Conodoquinet Ave.
Carlisle, PA 17013
4/1/93 to 4/1/94
5/18/92 to 4/1/93
The mother of the children is Plaintiff, Wanetia P. Barrick,
currently residing at 106B Lincoln Street, Carlisle,
Pennsylvania.
She is single.
The father of the children is Defendant, Carl N. Rowe,
currently residing at 165 West North Street, Carlisle,
Pennsylvania.
He is single.
4. The relationship of the Plaintiff to the children is
that of mother The Plaintiff currently resides with the
following persons:
Name Relationship
Only the children involved in
this action.
5. The relationship of the Defendant to the children is
that of father . The Defendant currently resides with the
following persons:
Name
Carl and Arlene Johnson
Shane Rowe, Lovie Johnson
and Jennie Johnson
Relationship
Defendant's parents
Defendant's brother & sisters
6a. Plaintiff has not participated as a party or witness,
or in another capacity, in other litigation concerning the
custody of the children in this or another court.
6b. Plaintiff has no information of a custody proceeding
concerning the children pending in a court of this Commonwealth.
6c. Plaintiff does not 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 interest and permanent welfare of the children
will be served by granting the relief requested for the following
reasons:
A. Plaintiff has undertaken and performed the primary
parental responsibilities for each of the children;
B. Plaintiff is best able to provide the care and
nurture which the children need for healthy development;
and
C. A Court Order of custody and structured visitation
is desired so that the Plaintiff and the children may plan
their schedules accordingly, and so that misunderstandings
and unmet expectations regarding custody and visitation can
be avoided, and also so that the children are not used in a
manipulative fashion.
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. Ail
other persons named below who are known to have or claim to have
a right to custody or visitation of the children
given notice of the pendency of this action and the right to
intervene:
Name Address
NoAo
Basis of Claim
W~EREFORE, Plaintiff requests the Court to grant primary
physical custody of the children to her.
Respectfully submitted,
~Stephen B. Lip§O~, Esq.
Attorney for Plaintiff
169 W. High St. Ste. 4
Carlisle, PA 17013
(717) 249-3929
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF C~'~'~L~ ~"/~ )
I verify that the statements made in the foregoing Complaint
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.
W~etia P. Barrick, Plaintiff
WANETI~% P. BARRICK,
Plaintiff
CARL N. ROWE,
Defendant
IN THE COURT OF COMMON PLEAS OF
COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. CIVIL 199~
OF COURT
~ , upon consideration of
ORDER
the attached Complaint, it is hereby directed that the parties
and their respective counsel appear before ~4~ ~ ~ ;Co~ ~_'.~,
, the conciliator, at [~'~h ~lc~/ ~6,
f~. CO~(-~/~ on the ~i day of [I~ ~ ,
199~, at 9J~O o'clock,~_,m., for a Pre-Hearing Custody
Conference. At such conference, an effort will be made to
resolve the issues in dispute; or if this cannot be accomplished,
to define and narrow the issues to be heard by the Court, and to
enter into a temporary order. All children age five or older
~ also be present at the conference. Failure to appear at
the conference may provide grounds for entry of a temporary or
permanent order.
FOR THE COURT:
By: C~sto~y Concil4ato~ ~~
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Office of the Court Administrator
Courthouse, 4th Floor
Carlisle, PA 17013
(717) 240-6200
#~%NETIi% P.
vo
Ci%RL N. ROWE
E RIC , - CO T OF CO ON PL ,AS OF
Plaintif~ ~ m~ER~ND CO~TY, PENNSYLVANIA
~: ~;~flt~IL ACTION - ~W
''¥ '"94-2186 civil Term
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this ~ ~ day of ~ ~ ~ , 1994,
t
Plaintiff WANETI~ P. BARRICK and Defendant; C~%RL N. ROWE having
stipulated and agreed with regard to custody of their children,
CODY D. ROWE, D.O.B. 5/18/92 and 8HIi%NNE D.. ROWE, D.O.B. 8/3/93,
it is hereby ordered and decreed as follows:
(1) Shared legal custody of the parties' children, CODY D.
ROWE and 8HIANNE D. ROWE, will be in both ,Df the parties as
natural parents.
(2) Primary physical custody of said children shall be in
the mother, WANETIA P. BARRICK, subject to the following periods
of partial physical custody for the father, C~RL N. ROWE:
(a) Every weekend from Friday at 4:00 p.m. through
Sunday at 4:00 p.m.;
(b) Every Wednesday from 7:00 a.m.. through 8:00 p.m.;
(c) On a one-time basis only, on the first Wednesday
following the date of signing of this order through Sunday
at 4:00 p.m. Each week thereafter the schedule will be as
provided in sub-paragraph (a) and (b) above;
(d) On August 4 and May 19 of each year, from 12:00 p.m.
through 8:00 p.m. the same day;
(e) The following holiday provisions shall supersede the
provisions of sub-paragraph (a) and (b), above, and thus the
parties will have the following custody periods for
Thanksgiving and Christmas, respectively:
(i) On Thanksgiving Day, father shall return the
children to mother at 9:00 a.m. Mother shall have the
children on Thanksgiving Day from 9:00 a.m. to 3:00
p.m., and then father shall have the children from 3:00
p.m. to 8:00 p.m.
(ii) Father's period of partial custody on Christmas
Day is from 3:00 p.m. through 8:00 p.m. Accordingly,
if Christmas Day falls on a day which otherwise would
be father's day for partial custody, he shall return
the children to mother at 8:00 p.~m. the day before
(Christmas Eve).
BY THE COURT:
Se
WANETIA P. BARRICK,
Plaintiff
CARL N. ROWE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
94-2186 Civil Term
IN CUSTODY
STIPULATION FOR CHILD CU~ITODY
~ NOW, this ~/~ day of ~,/ , 1.994 come Plaintiff,
WANETIA P. BARRICK and Defendant, CARL N. ROWE and with regard to
custody of their children, CODY D. ROWE, D.O.B. 5/18/92 and
SHIANNE D, ROWE, D.O.B. 8/3/93 stipulate and agree as follows:
(1) Custody of said children shall be set forth in the
foregoing Order of Court.
(2) Should either party at any time in the future petition
the Court for modification of this Order, it shall not be
necessary for the party to show a change in circumstances and all
relevant facts and circumstances shall be subject to judicial
review and not only those existing subsequently to the signing of
this Order.
(3) It is the desire and intention of the parties hereto
that this Stipulation for Child Custody be entered in the Court
of Common Pleas of Cumberland County, Pennsylvania, and that it
be endorsed as an Order of the court so as to have the full
effect thereof.
I verify that the statements made in the foregoing
Stipulation are true and correct. I understand that false
statements therein are made subject to the penalties of 18 Pa.
S. §4904, relating to unsworn falsification to authorities.
WANETIA P. BARRICK
I verify that the statements made in the foregoing
Stipulation are true and correct. I understand that false
statements therein are made subject to the penalties of 18
S. §4904, relating to unsworn falsification to authorities.
CARL N. ROWE
Pa. C.
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 w. High Street
Carlisle, PA
WANETIA P. BARRICK,
Plaintiff
CARL N. ROWE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
94-2186 CIVIL TERM
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW, comes the Plaintiff Wanetia P. Barrick, by and
through her attorneys, Saidis, Guido, Shuff & Masland, and
petitions this Court for modification, of the Custody Order
entered on May 4, 1994, and stating as follows:
1. The parties are the natural parents of Cody D. Rowe
(D.O.B. 5-18-92) and Shianne D. Rowe (D.O.B. 8-3-93).
2. On May 4, 1994, The Honorable J. Wesley Oler, Jr.,
entered an Order of Court pursuant to a stipulation between the
parties which, inter alia, awarded primary physical custody of
said children to the Mother, Wanetia P. Barrick. A true and
correct copy of the Order of Court is attached hereto and made
a part hereof marked as Exhibit "A".
3. Pursuant to said Order, the Father, Carl N. Rowe, was
awarded the following periods of partial physical custody:
a. Every weekend from Friday at 4:00 p.m. through Sunday
at 4:00 p.m.;
b. Alternating Wednesdays from 7:00 a.m. through 8:00
p.m.;
c. Various provisions for Holidays and Birthdays.
4. At the time of said Order, Father was unemployed and
was able to effectuate his partial physical custody rights.
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. High S~reet
Carllsle, PA
5. Since the date of the Order, Father has become
gainfully employed and is working every other weekend and
Monday through Fridays.
6. Based on Father,s work schedule, Mother would like to
modify paragraph 2 (a) and 2 (b) of the May 4, 1994 Court Order
to:
a. Alternating weekends from Friday at 4:00 p.m. through
Sunday at 4:00 p.m.;
b. Alternating Wednesdays from 5:00 p.m. through 8:00
p.m.
WHEREFORE, the Plaintiff, Wanetia P. Barrick, respectfully
requests this Honorable Court to modify the Order entered on
May 4, 1994, as set forth above.
Dated:
Respectfully submitted,
SAI~IS, GUIDO, SHUFF & MASLAND
w~lliam C. V~s, Esquire
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for the Plaintiff
4 -
WANETIA p. BARRICK, :
Plaintiff :
:
v. :
:
CARL N. ROWE, :
.Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
94-2186 Civil Term
IN CUSTODY
ORDER OF COURT
AND NOW, this ~+~ day of -~;D~. , 1994,
Plaintiff WANETIA P. BARRICK and Defendant CARL N. ROWE having
stipulated and agreed with regard to custody of their children,
CODY D.. ROWE, D.O.B. 5/18/92 and SHIANNE D.. ROWE, D.O.B. 8/3/93,
it is hereby ordered and decreed as follows:
(1) Shared legal custody of the parties' children, CODY D.
ROWE and SHIANNE D. ROWE, will be in both of the parties as
natural parents.
(2) Primary physical custody of said children shall be in
the mother, WANETIA P. BARRICK, subject to the following periods
of partial physical custody for the father, CARL N. ROWE:
(a) Every weekend from Friday at 4:00 p.m. through
Sunday at 4:00 p.m.;
(b) Every Wednesday from 7:00 a.m. through 8:00 p.m.;
(c) On a one-time basis only, on the first Wednesday
following the date of signing of this order through Sunday
at 4:00 p.m. Each week thereafter the schedule will be as
provided in sub-paragraph (a) and (b) above;
(d) On August 4 and May 19 of each year, from 12:00 p.m.
through 8:00 p.m. the same day;
EX~IBIT "A"
(e) The following holiday provisions shall supersede the
provisions of sub-paragraph (a) and (b), above, and thus the
parties will have the following custody periods for
Thanksgiving and Christmas, respectively:
(i) On Thanksgiving Day, father shall return the
children to mother at 9:00 a.m. Mother shall have the
children on Thanksgiving Day from 9:00 a.m. to 3:00
p.m., and then father shall have the children from 3:00
p.m. to 8:00 p.m.
(ii) Father's period of partial custody on Christmas
Day is from 3:00 p.m. through 8:00 p.m. Accordingly,
if Christmas Day falls on a day which otherwise would
be father's day for partial custody, he shall return
the children to mother at 8:00 p..m. the day before
(Christmas Eve).
BY THE COURT:
TR~!J~ C~PY FROM RECORD
In Te~l!rnon,~, ,' n r:: .f, t h.!'~' u:~to ~,1 my hand
m~d the scal o~ sa~d Corot at Cmli~le, P~.
~h~ ...,~.. ~o~ o~ .~..,. ~9....~:~
~ ............. ,,.~j....c~ ,.~z~.~ .......
' ~ .Prolhonolary
WANETIA P. BARRICK, :
Plaintiff :
:
v. :
:
CARL N. ROWE, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
94-2186 Civil Term
IN CUSTODY
STIPULATION FOR CHILD CUSTODY
AND NOW, this ~7~day of /~/ , 1994 come Plaintiff,
WANETIA P. BARRICK and Defendant, CARL N. ROWE and with regard to
custody of their children, CODY D. ROWE, D;O.B. 5/18/92 and
SHIANNE D. ROWE, D.O.B. 8/3/93 stipulate and agree as follows:
(1) Custody of said children shall be set forth in the
foregoing Order of Court.
(2) Should either party at any time in the future petition
the Court for modification of this Order, it shall not be
necessary for the party to show a change in circumstances and all
relevant facts and circumstances shall be subject to judicial
review and not only those existing subsequently to the signing of
this Order.
(3) It is the desire and intention of the parties hereto
that this Stipulation for Child Custody be entered in the Court
of Common Pleas of Cumberland County, Pennsylvania, and that it
be endorsed as an Order of the court so as to have the full
effect thereof.
I verify that the statements made in the foregoing
Stipulation are true and correct. I understand that false
statements therein are made subject to the penalties of 18
S. §4904, relating to unsworn falsification to authorities.
Dated:
Witness
Pa. C.
I verify that the statements made in the foregoing
Stipulation are true and correct. I understand that false
statements therein are made subject to the penalties of 18 Pa.
S. §4904, relating to unsworn falsification to authorities.
Dated:
CARL N. ROWE
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. High Street
Carlisle, PA
WANETIA P. BARRICK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : CIVIL ACTION - LAW
:
CARL N. ROWE, : 94-2186 CIVIL TERM Defendant : IN CUSTODY
CERTIFICATE OF SERVICE ~£~ ' ~'1--r--~ ~,;~
I, William C. Vohs, Esquire, certify that on ~-v
1994, I served a true and correct copy of the within Petition
for Modification of Custody upon Defendant in this matter by
depositing same in the United States mail, first class, postage
prepaid, addressed as follows:
Dated:
Carl N. Rowe
165 West North Street
Carlisle, PA 17013
Respectfully
submitted,
SAID~$, GUIDO, SHUFF & MASLAND
wiIliam'C. Vohs, Esquire
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for the Plaintiff
WANETIA P. BARRICK, :
Plaintiff :
:
CARL N.
v. :
:
ROWE, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
94-2186 CIVIL TERM
IN CUSTODY
ORDER OF COU~
MD wow, this of , 1994, upon
consideration of the attached Complaint, it is hereby directed
that the parties.~nd their respective counsel appear before
~~ ~ 6,~f0~ ~z~. , the conciliator, at
the [~a day of ~,i~Qc~ , ]L994, at J,'~ .M.,
for a Pre-Hearing Custody Conference. At such conference, an
effort will be made to resolve the issues in dispute; or if
this cannot be accomplished, to define and narrow the issues to
be heard by the court, and to enter into a temporary order.
All children age five or older may also be present at the
conference. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
FOR THE COURT,
Cu~ody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Court Administrator
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
WANETIA P. BARRICK,
Plaintiff
CARL N. ROWE,
Defendant
In the Cottrt of Common Pleas of
Cumberlimd County, Pemmylvimia
94-2~ 86
No.- ................ Civil
CIVIL ACTION - LAW
IN CUSTODY
94
p~al~.CIPl~ '1'O ENTER
Please enter the appearance of the Family Law Clinic
on behalf of the defendant, Carl N. Rowe,. in the above-captioned
matter.
To Lawrence E. Welker
Prothonota~
Thomas L. Peeler
19
Arty
Student AW for ~L~uan
Lisa M. Watson
94-2186 Civil 94
No. Tenn, 19
Wanetia p. Barrick, Plaintiff
VS.
Carl N. Rowe, Defendant
PRA~C]PE
Filed 19
Lisa M. Watson
StudentAtty
Thomas L. Peeler Staff
The Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
717/240-5204
A~
WANETIA P. BARRICK,
Plaintiff/Respondent
VS.
CARL N. ROWE,
Defendant/Petitioner
: UN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 94-2186 CIVIL TERM
:
:
: IN CUSTODY
ORDER OF COURT
AND NOW, this 14th day of June, 1996, upon review of the petition of CARL N. ROWE, it is
hereby ordered and decreed that the Respondent, WANETIA P. BARRICK, shall return the minor
children, CODY D. ROWE AND SHIANNE D. ROWE, to the cu:~ody of the father, CARL N. ROWE,
until such time that there can be a hearing to determine whether the childrens' move to Michigan is in
the childrens' best interest.
A hearing shall be scheduled herein in courtroom number
Courthouse, Carlisle, Pennsylvania, on the __ day of
o'clock
of the Cumberland County
,1996 at
m. at which time a determination will be made on whether to continue this
restraining order pending a hearing on the merits.
BY THE COURT:
Jo
WANETIA P. BARRICK,
Plaintiff/Respondent
VS.
CARL N. ROWE,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2186 CIVIL TERM
: IN CUSTODY
PETITION FOR EMERGENCY INJUNCTIVE RELIEF
TO PREVENT RELOCATION
Petitioner, CARL N. ROWE, by and through his attorney, James J. Kayer, Esquire, files this
Petition for Emergency Injunctive Relief To Prevent Relocation and avers as follows:
1. Petitioner, Carl N. Rowe, is the father of the subject minor children and currently resides at
165 West No~th Street, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Respondent, Wanetia P. Bardck, is the mother of tE~e subject minor children and who is
believed to be residing at 1651 Center Street, NE, Grand Rapids, MI 49505.
3. The parties are the father and mother, respectively, of the minor children Cody D. Rowe (Age
4) and Shianne D. Rowe, (Age 3).
4. Previously, this court has issued an order dated February 22, 1995 as a result of a custody
conciliation conference in which the patties agreed that the mother shall have primary physical custody
of the children and the father shall have specified periods of pa~:ial physical custody. This agreement
was based upon the premise that the mother was residing in Carlisle, Pennsylvania. A copy of this order
of court is attached hereto and designated as Exhibit "A".
5. In August of 1995, the mother voluntarily tumed over custody of the children to the father
and left the Commonwealth of Pennsylvania. From August, 1995 until June 8, 1996, the mother had
voluntarily withdrawn from all contact with the children.
6. The father, without the need of a formal agreement, had traditionally allowed the maternal
grandparents to have a visit with the children each weekend.
7. On or about Saturday, June 8, 1996, the maternal grm~dmother picked up the children from
the father's home as had been the pa~ties' tradition. Apparently, the mother had returned to the local area
on the weekend of June 8, and the maternal grandmother had apparently transferred actual physical
custody to the mother who returned to her new residence in Michigan.
8. Such a move is contrary to the children's best interest in as much as it effectively removes
the Petitioner, their father, from their lives, and would be contrary to his primafacie right of being the
primary adult in their lives as he has been for the past year.
9. Such a move also is contrary to the childrens' best interest as it removes them from their
extended families as the father and mother both have families in the Cumberland County area.
10. The move seriously impairs the Petitioner's ability to be an active parent of the children in
as much as the geographical distance between Cumberland County and Michigan is such that there will
be minimal contact between the father and children.
11. The Respondent's unauthorized removal of the children, was without regard for the Petitioner's
rights as the children's father and without regard to the childrens' needs to have a continuous relationship
with their primary caretaker.
12. The Respondent does not have a valid basis for her removal of the children.
13. Under Plowman v. Plowman, 409 Pa. Super. 143, 59'7 A.2d 701(1991), prior to removal of
the children from the court's jurisdiction, the court must hold an evidentiary hearing on the proposed
relocation to examine the factors set forth in Graber v. Graber, 400 Pa. Super. 174, 583 A.2d 434(1990).
14. The children should remain in this jurisdiction pendrag the evidentiary hearing.
WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an emergency
injunction, causing the Respondent to return the subject children to the Commonwealth of Pennsylvania
and to his custody until such time as there can be a hearing to determine whether such a move is in the
childrens' best interests.
Respectfully submittexl,
KAYER & BROWN
By:
Jam~'~.
Su~pme C~./I.D. t~50838
4 l~/st Lib6~y Avenue
~isle, PA 17013
(717) 243-7922
Aaomey for Petitioner~efendant
Date: June 14, 1996
VERIFICATION OF PLEADINGS
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. The language of the document may, in
part, be the language of my counsel and not my own. I have read the statements made in this
document and to the extent that it is based upon information which I have given to my
counsel, it is tree and correct to the best of my knowledge, information and belief. To the
extent that the contents of the statements are that of counsel, I have relied upon counsel in
making this Verification. I understand that false statements herein are made subject to the
penalties of 18 PA. C.S. {}4904, relating to unsworn falsificat!ion to authorities.
Date/~AO~ P /// ,1996
WANETIA P. BARRICK,
Plaintiff
CARL N. ROWE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 94-2186 CIVIL TERM
ORDER OF COURT
AND NOW, this o~'*~ day of ._~.u~--~,w~t, 1995, upon consideration of the attached
Custody and Visitation Agreement concerning the custody of the parties' children:
Cody D. Rowe, D.O.B. 5/18/92 and Shianne D. Rowe, D.O.B. 8/3/93, the following is hereby
ordered and directed:
1. The Parties shall have shared legal custody of the children.
2. The Mother, Wanetia P. Barrick, shall have primary physical custody of the children
subject to the following periods of partial physical custody for the father, Carl N. Rowe:
a. Every other weekend from Friday at 3:00 P.M. through Sunday at 6 P.M.
The Father shall pick up children at daycare on Friday and return the children to the Mother by'
6:00 P.M. on Sunday;
b. Every Wednesday from 7:00 A.M. through Thursday 8:00 A.M., when the
father shall deliver the minor children to daycare by 8:00 A.M.;
c. Every Monday from 3:00 P.M. to 6:00 P.M. The Father shall pick up
children at daycare and return the children to the mother at 6:00 P.M.
3. The parties further agree to the following provisions. These provisions shall
supersede the provisions of paragraph 2 above.
a. The parties agree to alternate custody on lhster Sunday, Memorial Day and
Thanksgiving from 10:00 A.M. to 6:00 P.M. Father shall[ have custody of the children on
Easter, April 16, 1995.
EXHIBIT "A"
b. Mother shall have children from 12:00 P.M. Christmas Eve to 12:00 P.M.
on Christmas Day (1995) at which time she will deliver the children to the Father who shall
have partial custody of children from 12:00 P.M. Christmas Day to 12:00 P.M. the next day.
c. Father shall have partial custody of the children on Father's Day from 10:00
A.M. and return the children to the Mother by 6:00 P.M.
d. Mother shall have custody of the children on Mother's Day. If Mother's Day
falls on a day which otherwise would be the father's day for partial custody, the Mother shall
pick up the children at 10:00 A.M.
e. The parties have agreed that the Father shal.l have custody of the children on
his birthday, April 21. If this day falls on a day which otherwise would be during the Mother's
period of custody, the Father shall pick up the children at 10:00 A.M. and return the children
to the Mother by 6:00 P.M.
f. The parties have agreed that the Mother shall have custody of the children on
her birthday, September 21. If this day falls on a day which otherwise would be during the
father's period of partial custody, the Mother shall pick up the children at 10:00 A.M. and
return the children by 6:00 P.M.
g. The parties have agreed to share custody during the children's birthdays.
Mother shall have custody of the children on May 18 from 10:00 A.M. to 2:00 P.M. at which
time she will deliver the children to the Father. Father shall have custody of the children on this
day from 2:00 P.M. to 6:00 P.M. at which time he shall return the children to the Mother if this
day falls on a day which would otherwise be the mother's day for custody. Also, the Father
shall have custody of the children on August 3 from 10:00 A.M. to 2:00 P.M. at which time
he will deliver the children to the Mother. Mother shall have custody of the children on
August 3 from 2:00 P.M. to 6:00 P.M. and return the children to the father if this day falls on
a day which would otherwise be the father's day for partial custody.
4. Each party shall have custody of the children on two non-consecutive weeks (7
uninterrupted days) during the year upon 60 days written notice to the other party. The consent
of the other party shall not be unreasonably withheld.
5. The parties may alter this custody arrangement upon written agreement.
BY THE COURT:
,,~ q--. ,;u~.~ zg&, &..
o d' .l. ~'
TRUE COPY FROM RECORD
!n Testimony, whereot, I here unto s~l mY~
-,-'-~d tha seal of said Court at. Carlisle, Pa.
f~i~day, of ~.~3-...., -19'~s'-..
WANETIA P. BARRICK,
Plaintiff
Ve
CkRL N. ROWE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLA~D COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-21186 CIVIL TERM
AND NOW, this
Defendant's
Relocation,
8:00 a.m.,
~ O__RDER OF COUR~
~|~day of June, 1996, upon consideration of
Petition for Emergency Injunctive Relief to Prevent
a hearing is SCHEDULED for Tuesday, July 23, 1996, at
in Courtroom No. 5, Cumberland County Courthouse,
Carlisle,
Pennsylvania.
BY THE COURT,
4~6s~ey Oler~_~r. , J-
Wanetia P. Barrick
1651 Center Street, NE
Grand Rapids, MI 49505
Plaintiff, Pro Se_~,~
James 7' Kayer, Esq.'~/~4,q~
4 E. Lzberty Avenue 6''~A~-
Carlisle, PA 17013
Attorney for Defendant
: rc
AI:~.bONOH. LOLtd 3H1
WANETIA p. BARRICK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION - LAW
: IN CUSTODY'
CARL N. ROWE :
Defendant : NO. 94-2186 CIVIL 1994
CERTIFICATE OF SERVICE
I, Lisa M. Watson, certified legal intern , Family Law
Clinic, hereby certify that I have served a true and correct copy
of said Praecipe to Enter Appearance on William C. Vohs,
plaintiff's attorney, whose practicing at 126 West High Street,
Carlisle, Cumberland County, Pennsylvania, by depositing a copy
of the same in the United States mail, this 19th day of October,
1994.
Certified Legal Intern
WANETIA P. BARRICK,
Plaintiff
v
CARL N. ROWE,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:NO. 2186 - CIVIL - 1994
:
:
:CIVIL ACTION - CUSTODY
AND NOW, this ZO~day of
of the attached Custody
directed as follows:
COURT ORDER
Conciliation
· 1994,
Report,
upon consideration
it is ordered and
i. A Hearing is scheduled in th~.above case on the~2~/~day~°f
~~ 1993- at ~.~., in Courtroom.No~. ~
of the Cumbe~%~and County Courthouse at ~ich time =es=lmony
will be taken in this case. At this Hearing, the Mother,
Wanetia P. Barrick, shall be deemed to be the moving party
and shall proceed initially with testimony. Counsel shall
file with the Court and opposing Counsel a memorandum setting
forth a list of witnesses that will be called to testify at
this Hearing along with a summary of anticipated testimony of
each witness. Additionally, the memorandum shall set forth
each party's respective position on a resolution of the custody
issue before the Court.
2. Pending further Order of this Court or agreement of the parties,
this Court's Order of May 4, 1994, shall continue in effect
subject to the following modifications:
A. The Father's periods of physical custody with the minor
child pursuant to Paragraph 2A of the May 4, 1994 Order
is vacated. Hereafter, Father's temporary custody shall
be every other weekend from Friday at 4 P.M. through
Monday when the Father will deliver the children to the
daycare center by 8 A.M. on Monday morning.
B. Father's periods of temporary custody with the minor
children pursuant to Paragraph 2~1 of the May 4, 1994
Order is vacated, and Father shall hereafter enjoy
temporary custody every Wednesday from 7 A.M. through
Thursday morning when the Father'shall deliver the
minor children to daycare by 8 A.M.
cc:
C®
In all other respects, this Court's May 4, 1994 Order
shall remain in effect.
The alternating weekend schedule set forth above shall
commence starting on the weekend of December 23 when
the Mother shall have custody on that weekend, subject
to Father's period of partial custody on Christmas Day
on DeCember 25 pursuant to Paragraph 2E of this Court's
May 4, 1994 Order.
BY THE COURT,
William C. Vohs, Esquire
Lisa Watson-Family Law Clinic
WANETIA p. BARRICK,
Plaintiff
v
CARL N. ROWE,
:IN THE COURT' OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:NO. 2186 - CIVIL - 1994
:
:CIVIL ACTION - CUSTODY
PRIOR JUDGE: JUDGE J. WESLEY OLER, JR.
CONC~LIATIONCONFmRENCEsUb~Z~RYREPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
The pertinent information pertaining to the children who are
the subject of this litigation is as foJ!lows:
Cody D. Rowe, born May 18, 1992, and Shianne D. Rowe, born
August 3, 1993.
2. A Conciliation Conference was held on December 2, 1994, with
the following individuals in attendance:
The Mother, Wanetia p. Barrick, with her counsel, William C.
Vohs, Esquire, and the Father, Carl N. Rowe, with his counsel,
Lisa Watson of the Family Law Clinic.
3. The mentioned Conciliation Conference was continued, and the
legal counsel for the parties conducted a telephone conference
with the Conciliator on December 14, 1994.
4. There is a current Custody Order in place which allows for
shared legal custody, the Mother having primary physical
custody, the Father having temporary custody on every weekend
and during the day on Wednesdays.
5. Mother filed a Petition to modify this Order. She claimed
that the original Order was issued at a time that the parties
reached an agreement on custody because the Mother was not
employed. She felt that she could have quality time with the
children during the week and allow the Father quality time on
the weekends when he was off work. Mother is now in classes
at Harrisburg Area Community College and will start full time
in January at Harrisburg Area Community College. She asserts
that this change will limit her opportunity to be with the
children and, for that reason, she requests that the custody
proviiosns be modified. Mother is seeking the Father to have
custody on alternating weekends instead of every weekend.
6. Despite attempts to reach a settlement at a conference, the
parties are unable to reach an agreement. A Hearing is
necessary. A Hearing should take no more than one day.
7. The Conciliator recommends an interim Order which will
change the status quo and allow for the Mother to have time
with the children on weekends. This can be done with an
expansion of the Father's time on the weekends that he is
with the child and also an expansion of the Father's time
during his mid-week visitation. This ~uld be an interim
Order subject to further review by the Court at the Hearing.
8. The Conciliator recommends an Order in the form as attached.
WANETIA P. BARRICK,
Plaintiff
CARL N. ROWE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 94-2186 CIVIL TERM
ORDER OF COURT
AND NOW, this 22~J day of t?~, ~ '~'/ , 1995, upon consideration of the attached
Custody and Visitation Agreement concerning the custody of the parties' children:
Cody D. Rowe, D.O.B. 5/18/92 and Shianne D. Rowe, D.OB. 8/3/93, the following is hereby
ordered and directed:
1. The Parties shall have shared legal custody of the children.
2. The Mother, Wanetia P. Barrick, shall have primary physical custody of the children
subject to the following periods of partial physical custody for the father, Carl N. Rowe:
a. Every other weekend from Friday at 3:IXI P.M. through Sunday at 6 P.M.
The Father shall pick up children at daycare on Friday and return the children to the Mother by
6:00 P.M. on Sunday;
b. Every Wednesday from 7:00 A.M. through Thursday 8:00 A.M., when the
father shall deliver the minor children to daycare by 8:00 A.M.;
c. Every Monday from 3:00 P.M. to 6:00 P.M. The Father shall pick up
children at daycare and return the children to the mother at .6:00 P.M.
3. The parties further agree to the ~ollowing provisions. These provisions shall
supersede the provisions of paragraph 2 above.
a. The parties agree to alternate custody on Easter Sunday, Memorial Day and
Thanksgiving from 10:00 A.M. to 6:00 P.M. Father shall have custody of the children on
Easter, April 16, 1995.
b. Mother shall have children from 12:00 P.M. Christmas Eve to 12:00 P.M.
on Christmas Day (1995) at which time she will deliver the children to the Father who shall
have partial custody of children from 12:00 P.M. Christmas Day to 12:00 P.M. the next day.
c. Father shall have partial custody of the children on Father's Day from 10:00
A.M. and return the children to the Mother by 6:00 P.M.
d. Mother shall have custody of the children on Mother's Day. If Mother's Day
falls on a day which otherwise would be the father's day for partial custody, the Mother shall
pick up the children at 10:00 A.M.
e. The parties have agreed that the Father shall have custody of the children on
his birthday, April 21. If this day falls on a day which otherwise would be during the Mother's
period of custody, the Father shall pick up the children at 10:00 A.M. and return the children
to the Mother by 6:00 P.M.
f. The parties have agreed that the Mother shall have custody of the children on
her birthday, September 21. If this day falls on a day which otherwise wOUld be during the
father's period of partial custody, the Mother shall pick up the children at 10:00 A.M. and
return the children by 6:00 P.M.
g. The parties have agreed to share custody during the children's birthdays.
Mother shall have custody of the children on May 18 from 10:00 A.M. to 2:00 P.M. at which
time she will deliver the children to the Father. Father shall have custody of the children on this
day from 2:00 P.M. to 6:00 P.M. at which time he shall return the children to the Mother if this
day falls on a day which would otherwise be the mother's day for custody. Also, the Father
shall have custody of the children on August 3 from 10:00 A.M. to 2:00 P.M. at which time
he will deliver the children to the Mother. Mother shall have custody of the children on
August 3 from 2:00 P.M. to 6:00 P.M. and return the children to the father if this day falls on
a day which would otherwise be the father's day for partial custody.
4. Each party shall have custody of the children on two non-consecutive weeks (7
uninterrupted days) during the year upon 60 days written notiice to the other party. The consem
of the other party shall not be unreasonably withheld.
5. The parties may alter this custody arrangement upon written agreement.
BY THE COURT:
d. M~her t~ll ~ CU~y ~ chtld~n ~n M:o~'~ ~y, ~fMother'l Day
bib On a ~y w~ ~1~ wouM ~ I~ r~l~'s day for ~;t~ ~)', ~o Mm~ ~11
hb b~ay, A~iJ 21. ~ ~ f~l~ on 3 =ay ~ ~h~r~ ~mkl ~ duri~ ~ M~r'a
~ of~Y, fl~ P~r ~ll ~ck np f~ child~a at tO:~ AM.
~r b~, ~r 21. If this day t~lb on a da} wh~ ~i~ w~ld
~r'l ~ O[ ~ ~:;. ~ ~ot~ ~Jl pick Up ~e :M~
~m ~ a~tt~n by 6:~ P.M,
~ ~O ~v. ~y Of ~ c~ld~n on M~y I~ f~ 10~0 A.M lo ~'~ ~.M al wlll~
t~ ~ Will ~i~ ~ ~i~n to t~ FI~r. ~Ir $~ll havt~ ~dy
~y f~ 2:~ P.M. 1o 5'~ P.M a which lime M l~l ~ U~o ~}M~
~ falt~ m a da~ w~ ~ ~l~ ~s ~{ ~r'~ ~y for c~y.
day w~ ~td o~z'wi~ ~ t~ ~'s d~y lot ~IR[
the ycJJr ulx~u 60 dsyA writtc~ I~tlCe T~) the othr~r party. 'llle co~en~
I~AMII.,¥ IWW {.~I,INI{..'
Carlisle, PA 131313
WANETIA P. BARRICK, :
Plaintiff :
:
v. :
:
CARL N. ROWE, :
Defendant :
IN THE CO~T OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
94-2186 CIVIL TERM
~COUR~
AND NOW, this 23rd day of July, 1996, upon
consideration of the Defendant's Petition for Emergency
Injunctive Relief To Prevent Relocation filed with respect to
the parties' children, Cody D. Rowe (age four) and Shianne D.
Rowe (age three), and pursuant to an agreement reached in open
court between the Plaintiff, representing herself, and the
Defendant, who was present and represented by James J. Kayer,
Esquire, it is ORDERED and DIRECTED as follows:
1. Legal custody of the aforesaid children shall be
shared by the parties.
2. With respect to physical custody of the said
children, the arrangement shall be as follows:
a. The father, Carl N. Rowe, shall have primary
physical custody of the children subject to the following
periods of partial physical custody for the mother, Wanetia P.
Barrick:
(t). On, even-numbered years, the mother shall
have one week period of partial physical custody over the
Thanksgiving holiday.
LO:IIi4{ ICI ~it{96
(2) On odd-numbered years, the mother shall
have a one-week period of partial physical custody over the
Christmas holiday.
(3) Each summer, the mother shall have a
period of partial physical custody of four consecutive weeks,
and the mother shall give notice of the specific date upon which
said period shall begin to the father no later than May 1 of
each year. Such summer visitation shall commence during the
summer of 1997.
(4) All transportation arrangements regarding
said periods of partial physical custody shall be the
responsibility of the mother.
(5) On those occasions when the mother
returns to the local area, she shall have partial physical
custody of the children upon her giving reasonable notice to the
father.
(6) Each parent shall afford the other
reasonable telephone access to the children, and shall keep the
other parent informed as to any changes of address or phone
numbers.
(7) The maternal grandparents shall have a
period of partial physical custody with the children each
Saturday evening. Said grandparents shall be responsible for
transportation arrangements for such visits.
b. Nothing herein is intended to prevent the
parties from altering the terms of this physical custody
provision by mutual agreement in writing.
This order shall supersede and replace any existing
custody orders with respect to the children.
Wanetia P. Barrick
2852 Sixth Street
~. ~ ,~ Shelbyville, MI 49344
Plaintiff, Pro Se
[ ,~'~i~'l~ JAMES J. KAYER, ESQUIRE
4 E. Liberty Avenue
Carlisle, PA 17013
For the Defendant
By the Court,
wcy
WANETIA P. BARRICK,
Plaintiff/Petitioner
V.
CARL N. ROWE,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
:
: CIVIL ACTION - ]hAW
:
: NO. 94-2186
: IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of Wanetia P. Bardck respectfully represents as follows:
1. The Petitioner is Wanetia P. Barrick, who resides at 511 Conodoguinet Avenue,
Carlisle, C~mberland County, Pennsylvania, 17013.
2. The Respondent is Carl N. Rowe, who resides at 1349 (~randview Court, Carlisle,
Cumberland County, Pennsylvania 17013.
3. An Order of Court was entered on July 23, 1996, concerning Cody Rowe, DOB
5/18/92 and Shianne Rowe, DOB 8/3/93, a true and cotxect copy of which is attached
hereto as Exhibit "A".
4. The Order should be modified because:
a. Petitioner returned to the area in 1996, shordy after the present Order was entered,
and the parties agreed to a custody arrangement iproviding for Mother to have
physical custody of the children every weekend. Since July, 1998 Mother also
has had physical custody of the children every Wednesday.
b. Mother recently learned that the medical insurance arranged for by Father for the
children has been dropped.
c. Mother recently learned that Father and his girlfi'iend make disparaging remarks
about her to the children which has adversely affected the children.
d. Father and his girlfi-iend denigrate Shianne, saying that she is not pretty because
she looks like her Mother. Father encourages Cody to say similar negative
remarks to Shianne. Shianne's serf esteem has been damaged because of these
remarks.
e. Mother can provide a loving, caring, nurturing environment for the children.
Mother believes it will be in the best interest of the children if she has primary
physical custody of the children.
Petitioner requests that the Order be changed to provide for the parties to have shared
legal custody with Mother having primary physical custody of the children and Father
having periods of partial physical custody of the children.
WHEREFORE, Petitioner requests that the Court modify the existing Order for Custody
because it will be in the best interest of the children.
Date:
Respe~xfully submitted:
:line M. Vemey, Esquire~
Supreme Ct. ID 23167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attom.ey for Petitioner
VERIFICATION
I verify that the statements made herein are true and (correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904
relating to unsworn falsification to authorities.
Date
Wanetia P. Barrick
wANETIA P. BA~RICK,
Plaintiff
CARL N. ROWE,
Defendant
: IN THE COROT OF coMMON PLEAS OF
: cUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: IN CUSTODY
:
: 94-2186 CIVIL TERM
AND NOW, this 23rd day of July, 1996, upon
consideration of the Defendant's Petition for Emergency
Injunctive Relief To Prevent Relocation filed with respect to
the parties' children, cody D. Rowe (age four) and Shianne D.
Rowe (age three), and pursuant to an agreement reached in open
court between the Plaintiff, representing' herself, and the
Defendant, who was present and represented by James J. Kayer,
Esquire, it is ORDERED and DIRECTED as follows:
1. Legal custody of the aforesaid children shall be
shared by the parties.
2. With respect to physical custody of the said
children, the arrangement shall be as follows:
a. The father, Carl N. R~e, shall have primary
physical custody of the children subject to the following
periods of partial physical custody for 'the mother, Wanetia P.
Barrick:
(1) On even-numbered years, the mother shall
have one week period of partial physical custody over the
Thanksgiving holiday.
(2) On odd-numbered years, the mother shall
have a one-week period of partial physical custody over the
Christmas holiday.
(3) Each summer, the mother shall have a
period of partial physical custody of four consecutive weeks,
and the mother shall give notice of the specific date upon which
said period shall begin to the father no later than May 1 of
each year. Such summer visitation shall commence during the
summer of 1997.
(4) All transportation arrangements regarding
said periods of partial physical custody ~shall be the
responsibillty of the mother.
(5) On those occasions when the mother
returns to the local area, she shall have partial physical
custody of the children upon her giving reasonable notice to the
father.
(6) Each parent shall .afford the other
reasonable telephone access to the children, and shall keep the
other parent informed as to any changes of address or phone
numbers.
(7) The maternal grandparents shall have a
period of partial physical custody with the children each
Saturday evening. Said grandparents shall be responsible for
transportation arrangements for such visits.
b. Nothing herein is intended to prevent the
parties from altering the terms of this physical custody
provision by mutual agreement in writing.
This order shall supersede and replace any existing
custody orders with respect to the children. By the court,
Wanetia P- Barrick
2852 Sixth Street
Shelbyville, MI 49344
Plaintiff, Pro Se
JAMES J. KAYER, ESQUIRE
4 E. Liberty Avenue
Carlisle, PA 17013
For the Defendant
wcy
TRUE COPY FROM RECORD
m Testimony w~ereof, I ~re unto set my hand
ami the seal of said Cour~ at Cadi~a,
WANETIA P. BARRICK,
Plaintiff/Petitioner
V.
CARL N. ROWE,
Defendant/Respondent
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND CO~NTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-2186
IN CUSTODY
ORDER OF COURT
ANDNOW, this ~ dayof ~e-~cx.)o~C'q ,1999, upon
consideration of the attached Petition For Modification of Custody Order, it is hereby
directed that the parties and their respective counsel shall appear before~
~. ~ the Conciliator, at -~c~ ~ ~\. ~-cx, r~a.~i~, f~ f~x~-~ [~,(°X~hc~$~C--~
un--~-~ee F' da'yof A,i~\ ,1999at '-~_ -°'.~,°cl~',m'?f°ra,PreL
Hearing Custody Conferenc& At such conference, an ett0n: win oe maae to resorve me
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 Conferenco may provide
grounds for entry of a temporary or permanent order.
FOR THE COURT,
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For informafiton 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 IAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
WANETIA P. BARRICK,
Plaintiff
v
CARL N. ROWE,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION[ - LAW
:
: NO. 94-2186 CIVIL
: IN CUSTODY
COURT ORDER
AND NOW, this [ ~, {'~day of April, 1999, upon conskleration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
A hearing is schedule~.,d in Courtroom No. 1 of the Cumberland County Courthouse
on the ~257~ day of ~ ,1999, at/:$d~l~.M, at which time testimony will
be taken in the above(~ase. At this hearing, the Mother, Wanetia P. Barrick, shall be
the moving party and shall proceed initially with testimony. Counsel for the parties
shall file with the court and opposing counsel a memorandum setting forth the
history of custody in this case, the issues currently before this court, a list of
witnesses who will testify on behalf of that parg~ and a summary of the anticipated
testimony of each witness. This memorandum shall be filed at least 10 days prior to
the mentioned hearing date.
2. Pending further order of this court, the following custody order is entered:
The Mother, Wanetia P. Bardck, and the Father, Carl N. Rowe, shall
enjoy shared legal custody of Cody Rowe, bom May 18, 1992; and
Shianne Rowe, bom August 3, 1993.
During the school year, the Father shall enjoy primary physical
custody of the minor children.
During the school year, Mother shall enjoy periods of temporary
physical custody of the minor children in accordance with the
existing schedule between the parties which is every weekend from
Friday until Sunday and every Wednesday evening.
Starting the weekend after the children are released from school, the
parties shall alternate physical cm;tody during the summer months on
a week on/week off basis with the Mother to have the first week.
Exchange of custody on the weekly basis during the summer shall be
on Sunday evening at 5:00 p.m. unless agreed otherwise between the
parties.
The non-custodial parent that is receiving the children shall pick the
children up form the other parent's home at the beginning of each
custody period. However, the transportation for the Wednesday
evening visitation that Mother enjoys shall be handled exclusively by
Mother.
cc: Jacqueline Vemey, Esq.
Jamers Kayer, Esq.
BY THE COURT
. !JWesleyOleC/
WANETIA P. BARRICK,
Plaintiff
v
CARL N. ROWE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CWIL ACTION - LAW
: NO. 94-2186CWIL
: IN CUSTODY
Prior Judge: J. Wesley Oler, Jr.
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:
The pertinent information pertaining to the children wl~to are the subject of this litigation is
as follows:
Cody Rowe, bom May 18, 1992; and Shianne Rowe, bom August 3, 1993.
A Conciliation Conference was held on April 8, 1999, with the following individuals in
attendance:
The Mother, Wanetia P. Barrick, with her counsel, Jacqueline Vemey, Esquire; and the
Father, Carl N. Rowe, with his counsel, James Kayer, Esquire.
There is an existing order fxom July of 1996 that prox4ded Father with primary physical
custody. At that time, Mother was living in Michigan. Mother has since moved back and
has been enjoying custody of the minor children on eveN weekend and on a Wednesday
evening each week. Mother now petitions the court to modify the custody arrangement
seeking shared legal custody with a week on/week off custody arrangement. Father is
adverse to that arrangement during the school year and suggests that such an arrangement
during the school year would be disruptive to the children. However, Father is agreeable to
that type of arrangement during the summer months. A hearing is required to determine
whether the 50/50 custody arrangement should be implemented on a full I/me basis.
4. The Conciliator recommends an order in the form as attached.
DATE
Hubert X.J31'lroy, Esquire
Custody Conciliator
WANETIA P. BARRICK,
Plaintiff
CARL N. ROWE,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. 94-2186 CINIL
: IN CUSTODY
STIPULATION AND AGREEMENT FOR CUSTODY
COMES NOW, Wanetia P. Barrick, hereinafter referred to as "mother", and Carl N.
Rowe, hereinafter referred to as "father", who agree that their existing custody order should be
replaced with the following agreement, which shall be entered as an order of court;
1. Legal custody of the parties' children, Cody D. Rowe, date of birth, May 18, 1992 and
Shianne D. Rowe, date of birth, August 3, 1993 shall be shared by the parties.
2. With respect to physical custody of the said children, the arrangement shall be as
follows: The parties shall share physical custody of the children on an alternating weekly basis,
with custody transferring at 6:00 p.m., each Sunday. The parer obtaining physical custody of the
children shall be responsible for transportation.
3. Holiday visitation shall take priority over the ordinary alternating week schedule.
4. The Christmas holiday shall be divided between A and B Segments, Segment A,
commences at noon on December 24, and concludes at noon on December 25, Segment B,
commences at noon on December 25, until noon on December 26. In even numbered years, the
Father shall have Segment A and the Mother shall have Segment B. In odd number years, the
Mother shall have Segment A and the Father shall have Segment B.
5. The Parties shall divide the Easter and Thanksgiving Holidays into two Segments.
Segment A shall be from 8:00 a.m., until 3:00 p.m. and Segment B shall be from 3:00 p.m., until
9:00 p.m. During odd years, the Father shall have Segment A for the Easter Holiday and
Segment B for the Thanksgiving Holiday. During even years, the Father shall have Segment B
for the Easter Holiday and Segment A for the Thanksgiving Holiday.
6. Mother shall enjoy each Mother's Day with the chil&ren from 9:00 a.m., until 9:00
7. Father shall enjoy each Father's Day with the children from 9:00 a.m., until 9:00 p.m.
8. Each parent shall afford the other reasonable telephone access to the children, and
shall keep the other parent advised as to any changes of address, or telephone number.
9. The Parties agree to share the tax benefits arising from the children as foiiuv~s:
Father shall claim all benefits associated with Shianne D. Rowe and Mother shall claim all
benefits associated with Cody D. Rowe. Each party agrees to execute all documents necessary to
effectuate this provision.
10. Nothing herein is intended to prevent the parties from altering the terms of
physical custody provision by mutual agreement.
11. This order is based upon an agreement of the parties after each has consulted with
their respective counsel.
u. ;. Esq.
Wanefia P. garrick
Carl N. Rowe
WANETIA P. BARRICK,
Plaintiff
CARL N. ROWE,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. 94-2186 CIVIL
: 1N CUSTODY
ORDER OF COURT
AND COMES NOW, this .l ~'[~ day of ~ 1999, upon an Agreement of the Parties,
the Court's Order of July 23, 1996 shall be vacated and replaced with the terms set forth as
follows:
1. Legal custody of the parties' children, Cody D. Rowe, date of birth, May 18, 1992 and
Shiarme D. Rowe, date of birth, August 3, 1993 shall be shared by the parties.
2. With respect to physical custody of the said children, the arrangement shall be as
follows: The parties shall share physical custody of the children on an alternating weekly basis,
with custody transferring at 6:00 p.m., each Sunday. The pazty obtaining physical custody of the
children shall be responsible for transportation.
3. Holiday visitation shall take priority over the ordinary alternating week schedule.
4. The Christmas holiday shall be divided between A and B Segments, Segment A,
commences at noon on December 24, and concludes at noon on December 25, Segment B,
commences at noon on December 25, until noon on December 26. In even numbered years, the
Father shall have Segment A and the Mother shall have Segment B. In odd number years, the
Mother shall have Segment A and the Father shall have Segment B.
5. The Parties shall divide the Easter and Thanksgiving Holidays into two Segments.
Segment A shall be from 8:00 a.m., until 3:00 p.m. and Segment B shall be from 3:00 p.m., until
9:00 p.m. During odd years, the Father shall have Segment A for the Easter Holiday and
Segment B for the Thanksgiving Holiday. During even years, the Father shall have Segment B
for the Easter Holiday and Segment A for the Thanksgiving Holiday.
6. Mother shall enjoy each Mother's Day with the children from 9:00 a.m., until 9:00
p.m.
7. Father shall enjoy each Father's Day with the children from 9:00 a.m., until 9:00 p.m.
8. Each parent shall afford the other reasonable telephone access to the children, and
shall keep the other parent advised as to any changes of address or telephone number.
9. The Parties agree to share the tax benefits arising f¥om the children as follows:
Father shall claim all benefits associated with Shianne D. Rowe and Mother shall claim all
benefits associated with Cody D. Rowe. Each party agrees to execute all documents necessary to
effectuate this provision.
10. Nothing herein is intended to prevent the parties from altering the terms of
physical custody provision by mutual agreement.
11. This order is based upon an agreement of the parties after each has consulted with
their respective counsel.
By the Court,
cc: Jaqueline M. Vemey, Esq. _
James J. Kayer, Esq.
J. ~V)sley Oler, Jr. ~J ' ~' ~'
WANETIA P. BARRICK,
Plaintiff
CARL N. ROWE,
Defendant
1N THE COURT' OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-2186 CIVIL TERM
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND FOR CONTEMPT
AND NOW, comes Petitioner, Wanetia P. Barrick, by and through her legal counsel,
Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates and files the following
Petition:
COUNT I
MODIFICATION OF CUSTODY
Your Petitioner is the above-named Plaintiff, Wanetia P. Barrick, an adult individual
currently residing at 2635 2nd Street, Wayland, Ban:y County, Michigan.
Your Respondent is the above-named Defendant, Cad N. Rowe, an adult individual
currently residing at 640 Alexander Spring Road, Carlisle, Cumberland County,
Pennsylvania.
The parties are the natural parents of two children, namely, Cody Rowe, bom May
18, 1992, and Shianne Rowe, born August 3, 1993.
The parties are subject to an Order of Court dated April 16, 1999, which is attached
hereto and incorporated herein by reference as Exhibit "A."
Since the entry of the aforementioned Order, the children have continued to reside in
the primary physical custody of Respondent, who has maintained his residence in
Cumberland County, Pennsylvania.
10.
11.
12.
13.
14.
Since the entry of the Order on April 16, 1999, Petitioner has moved from the
Commonwealth of Pennsylvania and has resided in the State of Michigan since
approximately April 2001.
Petitioner and her fiance, Tal Cheers, reside together at the above-referenced address
with Petitioner's children, Shayna D. Barrick, born July 20, 1998, and Christian D.
Barrick, bom August 23, 2000.
Respondent is married to his wife, Beverly, and Respondent resides with his wife,
their two daughters, Tiffany Rowe and Taylor Rowe, and the children at issue herein
Due to the distance between Petitioner's new home and the children's primary
residence with Respondent, Petitioner has not been able to exercise any reasonable
periods of physical custody with the children for a substantial period of time.
It is in the best interest and permanent welfare of the children to modify the Order
that is presently in existence as it provided for temporary or partial physical custody
arrangements under circumstances where Petitioner resided in Pennsylvania.
The alternating weekend periods of physical custody during the school year and the
weekly alternating periods of physical custody during the school vacation period are
not reasonable or practical due to the distance between the parties' residences.
Despite attempts by Petitioner to secure accoramodations for periods of partial
custody with the children, her efforts have been fruitless to date.
Petitioner does not know any person not a party to these proceedings who claims to
have custody or visitation rights with respect to the children.
Petitioner has not participated as a party or witness, or in any other capacity in other
litigation, concerning custody of the children.
15. Petitioner has no information of any custody proceedings concerning the children
pending in any Court of this Commonwealth.
WHEREFORE, Petitioner requests your Honorable Court to schedule a conciliation
conference and, if necessary, a hearing, at which time a custodial arrangement should be
established to provide periods of temporary physical custody between the children and
Petitioner.
.COUNT II
CONTEMPT
16. Petitioner's paragraphs 1 through 15 set forth above are incorporated herein by
reference as if set forth in their full text.
17. For approximately the past three (3) years, Petitioner has attempted to maintain
contact with her children, despite her move to the state of Michigan, which contact
has been thwarted by Respondent.
18. Petitioner had been unable to afford counsel previously in this case and, therefore,
was unable to enforce her rights to see her children and have involvement in the
children's lives.
19. Petitioner retained counsel and has made contact with Respondent in an effort to
secure physical contact with her children.
20. Petitioner's efforts, through counsel, have met with a denial and refusal by
Respondent to allow any contact between Petitioner and her children.
21. Respondent and his wife have advised Petitioner that she is not permitted to telephone
their home nor have other contact with the children.
22. Respondent's conduct is in direct violation of tire Court's Order of April 16, 1999,
and, therefore, Respondent should be found in contempt of the Court's Order.
23. Petitioner requests your Honorable Court to find Respondent in contempt of the
Court's Order and Order that Petitioner be provided with periods of physical custody
to make up for the periods that have been lost due to Respondent's contempt and,
further, that Respondent be ordered to pay Petitioner's attorney's fees.
WHEREFORE, Petitioner requests your Honorable Court to enter an Order finding
Respondent in contempt, awarding Petitioner additional periods of physical custody with her
children, and awarding Petitioner the receipt of attorney's fees :from Respondent.
Respectfully submitted,
~'~ ire
At~ey for fl~itioner/Plaintiff
GRIFFIE~ ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the'. penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
WANETIA P. BARRICK, Petitioner/Plaintiff
WANETIA P. BARRICK,
Plaintiff
CARL N. ROWE,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:
: NO. 94-2186 CIVIL TERM
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire, hereby certify that I did, the [aZ day of July, 2004, cause
a copy of Plaintiff's Petition for Modification of Custody and for Contempt to be served upon
Defendant by first class mail, postage prepaid at the following addresses:
Carl N. Rowe
640 Alexander Spring Road
Carlisle, PA 17013
DATE:
~~ ire
) iffie, Esqu'
ff.~,Mqtor~y Jbr Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-.5552
WANETIA P. BARRICK,
Plaintiff
CARL N. ROWE,
Defendant
IN THE COURT £)F COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-2186 CIVIL
1N CUSTODY
COURT ORDER_
AND NOW, this I ~ /Jqday of April, 1999, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
be taken in the above~ase. At tiffs hearing, the Mother, Wanet~a P. Bamck, snatt ~e
the moving party and shall proceed initially with testimony. Counsel for the parties
shall file with the court and opposing counsel a memorandum setting forth the
history of custody in th/s case, the issues curre:atty before tkis court, a list of
witnesses who will testify on behalf of that party and a summary of the anticipated
testimony of each wimess. This memorandum shall be filed at least 10 days prior to
the mentioned hearing date.
Pending further order of tkis court, the following custody order is entered:
The Mother, Wanetia P. Barrick, and the Father, Carl N. Rowe, shall
enjoy shared legal custody of Cody Rowe, bom May 18, 1992; and
Shianne Rowe, bom August 3, 1993.
During the school year, the Father shall enjoy primary physical
custody of the minor children.
During the school year, Mother shall enjoy periods of temporary
physical custody of the minor children in accordance with the
existing schedule between the par~ies which is every weekend from
Friday until Sunday and every Wednesday evening.
Starting the weekend after the chi]tdren are released from school, the
parties shall alternate physical custody during the summer months on
a week on/week off basis with the Mother to have the first week.
Exchange of custody on the weekly basis during the summer shall be
on Sunday evening at 5:00 p.m. ~rnless agreed otherwise between the
parties.
The non-custodial parent that is recei[ving the children shall pick the
children up form the other parent's home at the beginning of each
custody period. However, the transportation for the Wednesday
evening visitation that Mother enjoys shall be handled exclusively by
Mother.
cc: Jacqueline Vemey, Esq.
Jamers Kayer, Esq.
BY THE COURT,
WANETIA P. BARRICK,
Plaintiff
CARL N. ROWE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-2186 CIVIL
IN CUSTODY
Prior Judge: J. Wesley Oler, Jr.
CONCILIATION CONFERENCE S~[¥ REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY C]NIL 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:
Cody Rowe, bom May 18, 1992; and Skianne Rowe, bom August 3, 1993.
2. A Conciliation Conference was held on April 8, 1999, with the following individuals in
attendance:
The Mother, Wanetia P. Barfick, with her counsel, Jacqueline Yemey, Esquire; and the
Father, Carl N. Rowe, with his counsel, James Kayer, Esquire.
3. There is an existing order from July of 1996 that provided Father with primary physical
custody. At that time, Mother was living in Michigan. Mother has since moved back and
has been enjoying custody of the minor children on event weekend and on a Wednesday
evening each week. Mother now petitions the court to modify the custody arrangement
seeking shared legal custody with a week on/week off custody arrangement. Father is
adverse to that arrangement during the school year and suggests that such an arrangement
during the school year would be disruptive to the children. However, Father is agreeable to
that type of arrangement during the summer months. A hearing is required to determine
whether the 50/50 custody arrangement should be implemented on a full time basis.
4. The Conciliator recommends an order in the form as attached.
DATE
Hubert X.)a~koy, Esquire
Custody Conciliator
WANETIA P. BARRICK,
Plaintiff
CARL N. ROWE,
Defendant
1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-2186 CIVIL
IN CUSTODY
STIPULATION AND AGREEMENT FOR CUSTODY
COMES NOW, Wanetia P. Barrick, hereinafter referred to as "mother", and Carl N.
Rowe, hereinafter referred to as "father", who agree that their existing custody order should be
replaced with the following agreement, which shall be entered as an order of court;
1. Legal custody of the parties' children, Cody D. Rowe, ,:late of birth, May 18, 1992 and
Shianne D. Rowe, date of birth, August 3, 1993 shall be shared by the parties.
2. With respect to physical custody of the said children, the arrangement shall be as
follows: The parties shall share physical custody of the children on an alternating weekly basis,
with custody transferring at 6:00 p.m., each Sunday. The party obtaining physical custody of the
children shall be responsible for transportation.
3. Holiday visitation shall take priority over the ordinary alternating week schedule.
4. The Christmas holiday shall be divided between A and B Segments, Segment A,
commences at noon on December 24, and concludes at noon on December 25, Segment B,
commences at noon on December 25, until noon on December 26. In even numbered years, the
Father shall have Segment A and the Mother shall have Segment B. In odd number years, the
Mother shall have Segment A and the Father shall have Segment B.
5. The parties shall divide the Easter and Thanksgiving Holidays into two Segments.
Segment A shall be from 8:00 a.m., until 3:00 p.m. and Segment B shall be from 3:00 p.m., until
9:00 p.m. During odd years, the Father shall have Segment A for the Easter Holiday and
Segment B for the Thanksgiving Holiday. During even years, the Father shall have Segment B
ibr the Easter Holiday and Segment A for the Thanksgiving Holiday.
6. Mother shall enjoy each Mother's Day with the children from 9:00 a.m., until 9:00
7. Father shall enjoy each Father's Day with the children from 9:00 a.m. until 9:00 p.m.
8. Each parent shall afford the other reasonable telephone access to the children, and
shall keep the other parent advised as to any changes of address or telephone number.
9. The Parties agree to share the tax benefits arising i¥om the chnureh as ~miuv~ .
Father shall claim all benefits associated with Shianne D. Rowe and Mother shall claim all
benefits associated with Cody D. Rowe. Each party agrees to execute all documents necessary to
effectuate this provision.
10. Nothing herein is intended to prevent the parties from altering the terms of
physical custody provision by mutual agreement.
11. This order is based upon an agreement of the parties ~ffter each has consulted with
their respective counsel.
/~,cqdeline M. '~ eme~, Esq.
Wanetka P. Bm'rick
wANETIA P- BARRICK,
Plaintiff
CAtLL N. ROWE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLYANIA
: CIVIL ACTION - LAW
: NO. 94-2186 CIVIL
: 1N CUSTODY
ORDER OF COURT
AND COMES NOW, this 1[~[~ day of ~, 1999, upon an Agreement of the parties,
the Court's Order of July 23, 1996 shall be vacated and replaced with the terms set forth as
follows:
1. Legal custody of the parties' children, Cody D. Rowe, date of birth, May 18, 1992 and
Shiarme D. Rowe, date of birth, August 3, 1993 shall be shared by the parties.
2. With respect to physical custody of the said children, the arrangement shall be as
follows: The parties shall share physical custody of the children on an alternating weekly basis,
with custody transferring at 6:00 p.m., each Sunday. The party obtaining physical custody of the
children shall be responsible for transportation.
3. 'Holiday visitation shall take priority over the ordinary alternating week schedule.
4. The Christmas holiday shall be divided between A and B Segments, Segment A,
cormnences at noon on December 24, and concludes at noon on December 25, Segment B,
commences at noon on December 25, until noon on December 26. In even numbered years, the
Father shall have Segment A and the Mother shall have Segment B. In odd number years, the
Mother shall have Segment A and the Father shall have Segment B.
5. The par~ies shall divide the Easter and Thanksgiving Holidays into two Segments.
Segment A shall be from 8:00 a.m., until 3:00 p.m. and Segment B shall be from 3:00 p.m., until
9:00 p.m. During odd years, the Father shall have Segment A for the Easter Holiday and
Segment B for the Thanksgiving Holiday. During even years, the Father shall have Segment B
for the Easter Holiday and Segment A for the Thanksgiving Holt day.
6. Mother shall enjoy each Mother's Day with the children from 9:00 a.m., until 9:00
7. Father shall enjoy each Father's Day with the children from 9:00 a.m., until 9:00 p.m.
8. Each parent shall afford the other reasonable telephone access to the children, and
shall keep the other parent advised as to any changes of address or telephone number.
9. The Parties agree to share the tax benefits arising from the children as follows:
Father shall claim all benefits associated with Shiarme D. Rowe and Mother shall claim all
benefits associated with Cody D. Rowe. Each party agrees to execute all documents necessary to
effectuate this provision.
10. Noth/ng herein is intended to prevent the parties from altering the terms of
physical custody provision by mutual agreement.
11. This order is based upon an agreement of the parties after each has consulted with
their respective ~ounsel.
By the Court,
cc: Jaqueline M. Vemey, Esq.
James J. Kayer, Esq.
J. ~sley Oler, Jr. ~/