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HomeMy WebLinkAbout94-04522 , \, , I' " I " II il I> , " 'I " " 'I " , , \.~'-.. , " ". , , \ ) I' " " Ii ~ J l' 1" ~ l() ::r I, I " I 'i I :::r ) 0- ' ( I I " 'I, LAWomCII IMP", GUIDO, IIHUrr . MABLAND at W, HIIIH.,....,. JIlJt ".~mt lInllllT CtWJlLI.,,\ 11011 C~N' HII./., M 111111 I'HOIIII1I1lJ4J..m flHONlIlmpl1,SMJI CIlIlTIPlIII COPYI . JUN ~ 2 199~ ---.. ClNPV l.EI'; I.lAHlnCJ-~, (now Cilldy l,uH 8wiu:IIHr), Plolillt i U /HeapondHllt IN 'l'lm COLI"'!' IJI.' coMMoN PLEAti CUMIlJ!:HLANIJ COUNTY, PI.:NNtiV l,vfIN J A I I I I I I I.,AHHY D, I3AH1UC1<, I Dofendant/Petitioner I v, NO, 9~.~B~~ CIVIL 'l'J!:HM CIVll. AC'l'ION ' LAW IN ClJtiTOLJY !JEill:m OF COUH'l' You, Cindy lice Ban'ick, Hellpolldollt, have been lIued in court to obtain cuatody, of the chi Id I ,10llhulI ,1. lJar'dck, YOll are orden!d to olppear' in person (It Courtroolll No, of th~ Cumberland Courtholllll' , pennayl vania Carlisi." County 1999 at ,11I" for a hearing, You are further ordered to bring with you the children I Joshua J, Barrick, JUlltin c, Barrick, Christopher Bnrrlck. If you fail to appear UII provided by thill order or to bring the child, an or'der fOL' custody, partial cUlltody or villitation may be entered BgaJ.nllt you or the court lIIay issuo a warrant for your lIneat, Pending the above hearing, custody of. the said child shall be placed in Larry D. Barrick, natural father. YOU SHOUI,D TAKE THIS PAI?EH TO YOllR IAWVEH AT ONCE. IF YOU DO NOT HAV8 A I,AWYER OR CANNOT AFFORD ONE, GO '1'0 01' TEI,EPHONE TUE OFFICE SET FORTH BEl.OW TO FIND OUT WHERE YOU CAN GET LEGAL HELl?, SAIDIS, SHUFF & MASLAND AITObRW.ATOW 16 W, IIllh 51'''' C.,II.lo, PA Office of the Court Adlllinilltrator One Courthoulle Squar'e 4th Floor Carlisle, Pennaylvania 11013 (717) 240 -6200 13V THE COURT I J. 011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY LEE BARRICK, I Plaintiff I t CIVIL ACTION - LAW v. I IN CUSTODY I LARRY D. BARRICK, I NO. 94-4522 civil Term Defendant I ", ORDaR OF COUR'l' AND NOW, this -1-'7.tt.., day of fl'l oAd-..J / 19915, upon consideration of the attached Agreement Regarding custody/ it is hereby Ordered and Directed thatt 1) The parties shall have shared legal custody of their minor children, Justin c. Barrick, Joshua J. Barrick, and Christopher D. Barrick. 2) The Mother, cindy L. Barrick, shall have primary physical custody of the children, subject tot he following periods of Fathe~s partial physical custodyt a) From October 21, 1994, on alternating weekends, beginning at 5:00 p.m. on Friday until 7:00 p.m. on Sunday. The parties agree to be flexible and accommodating to potential schedule changes and/or special activities or emergencies. should it be necessary for the parties to trade weekends, the parties will always revert back to the original custody schedule for the remaining weekends. b) Beginning October 17, 1994, on the Mondays and Wednesdays following Mother's weekend from 5:00 p.m. to 8100 p.m. 0) Beginning Ootober 24, 1994, on Tuesday 5100 p.m. to "'BtOO p.m~ and- Thursday from 5100 p.m. overnight through delivery -to the ohildre~s sohool Friday morning. d) At least two (2) weeks of custody during the ohildren's summer vacation from sohool. The parties shall diBouss and agree to this period of oustody at least thirty (30) days prior to Father exercising his right. A week is defined as beginning on Friday at 5100 p.m. and ending on the following Friday at 5100 p.m., unlosB the parties agree otherwise. e) The partie$ agree that they will be oooperate and be as flexible as possible with regard to custody for any holiday, birthday or extended vacation p~riod. They agree to discuas and agree to the holiday and birthday schedule at least two (2) weeks prior to any holiday not specifically mentioned in this Agreement. If a holiday falls on a weekend, the holiday schedule agreed upon by the parties will take precedence over the normal custody schedule. Once a schedule is established for any particular holiday or birthday, custody of the children shall alternate between at her and Mother every year according to that same schedule. f) Mother shall have custody every Mother's Day and Father shall have custody every Father's Day. g) The parties agree that they will be flexible and as aooommodating as possible with the transportation of the children. ..... h) such other times as the parties shall agree in writing. BY THE COURT, 1.11 J. ' lL'~~~ ~Ct,~. ~ J. W sloy 01 / Jr.,' . · TRUF. COPY FROM RECORD In L\I:m~I"! ' I,r'r~, Ilq 1'"'0 \,t my hand and the seal of sold Court at Carlisle. Po. Thl5 ",J'J.,:~ day of7?J~I(" 19".?~- ...............~~~~~~,h~i;;.u........ ".. ,... . .. it: ... i .. " '" ..-1 , , I: ~.' . j l \ ~ I "k' ) I It,) . , <l I' J. " I I' m ,I \.1 .,. d ., .' OOT 2 4 199~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'ry / PENNSYLVANIA CINDY LEE BARRICK/ plaintiff v. CIVIl, ACTION - LAW IN CUSTODY NO. 94-4522 CIVIL TERM LARRY D. BARRICK, Oefendant AGREEMENT REGARDING CUS'fODY THIS AGREEMENT/ made this ___ day of October, 1994/ by and between LARRY D. BARRICK of Plainfield, cumberlBnd county/ Pennsylvania, party of the first part, hereinafter referred to as "Husband" and CINDY L. BARRICK of Plainfield, Cumberland county/ Pennsylvania, party of the second part, hereafter referred to as "Wifll" . WI'l'NESSETH I WHEREAS, husband and wife are residents of the commonwealth of Pennsylvania and have been so for at least the past six (6) months; WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another; WHEREAS, there were three (3) children born of the marriagel JUSTIN CHARLES BARRICK, born November 27, 1902; JOSHUA JAMES BARRICK, born september 21, 1986; and CHRISTOPHER DEAN BARRICK, born October 29, 1987; 1 WHEREAS/ it is the intention and purpose of this .\If/:eemllnt to set forth the respective custody / visitation and ,'Lllld support rights and duties of the parties while they continue to live npart from each other, and WHEREAS, the parties hereto have mutually entered into IIql'eement for the custody, visitation and support of their minor children, after both have had full and ample opportunity to "<Insult with their respective attorneys, and the parties now wish ra have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of 1".110 mutually made and to be kept promises set forth herein and [01' other good and valuable consideration, intonding to be l0qally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree ,lb follows: I . CUSTODY 1. Except as provided herein, Wife shall have primary physical custody of the children, JUSTIN CHARI,ES BARRICK/ JOSHU~ ,fAMES BARRICK, and CHRISTOPHER DEAN BARRICK, subject to such rensonable partial physical custody of Husband. 2. The Parties agree to shared legal custody of the children, JUSTIN CHARLES BARRICK, JOSHUA JAMES BARRICK, and CHRISTOPHER DEAN BARRICK. Each Party agrees to keep the other 2 ~ app~ised ot important matters relating to the children's health, education, welfare, and activities. The Parties further agree that each shall have equal access to information concerning the children. J. The parties aqree on the fOllowing visitation schedule tor the childrenl a. Weekends. starting october 21, 1994, Husband shall have oustody of the children on alternating weekends, beginning at 5100 p.m. on Friday evening until 7100 p.m. on sunday evening. The Parties agree to be flexible and accommodating to potential schedule changes and/or special activities or emergencies. Should it become necessary for the Parties to trade custody weekends, those weekends will change however, the Parties will always revert back to the original custody schedule for the remaining weekends. b. Weekdays. 1. Beginning the week of october 17, 1994, Husband shall be entitled to visitation on Monday and Wednesday evenings from 5100 p.m. through 8100 p.m. This Monday and Wednesday night visitation shall be for the week after Mother's custody weekend. 2. Beginning the week of october 24, 1994, Husband shall be entitled to visitation on Tuesday evenings from 5100 p.m. through 8100 p.m. and Thursday evenings from 5100 p.m. J ., .. ove~night th~ough delivery to the children's school Friday mo~ning. c. Summer vacations. Husband shall have the right to physical custody of the children for at loast two (2) weeks during the children's summer vacation from school. Husband and Wife shall discuos and agree, thirty (30) days ahead of the scheduled time as to which weeks Husband shall have custody of the children. A week shall be defined as beginning on Friday at 5100 p.m. and ending on Friday of the fOllowing week at 5100 p.m. unless other arrangements have been made by the parties before the week begins. d. Holidays. 1.) The parties hereto agree that they will cooperate and be as flexible as possible with regard to custody of the child for any holiday or extended vacation period. If a holiday falls on a weekend, the holiday schedule agreed upon by the parties will taKe precedence over the normal custody schedule. 2.) Wife shall have custody of the child on every Mother's Day. Husband shall have custody of the child on every Father's Day. 3.) Husband and Wife shall discuss and agree on a custody schedule for the child at least two (2) weeks prior to any holiday not specifically mentioned in the Agreement, including but not limited to New Y.ears, Easter, Memorial Day, 4 .. July 4th, Labo~ Day, Thanksgiving, christmas, the ohildren's birthdays and each Party's respective birthdays. It is the intent of the parties to establish a birthday schedule that allows each of the parties to spend time with the children on the ohildren's birthday. 4.) Once a schedule is established for any partioular holiday, custody of the child shall alternate between Husband and Wife every year aocording to that same schedule. 5.) It is the intent of the parties that transportation of the children between parents for all purposes, but especially custody p1lrposes, shall be as flexible and accommodating as possible. 6.1 It is the intent of the parties to be as flexible as possible with regard to Husband's addition times of visitation. II. MISCELLANEOUS 1. No waiver or modification of any of the terms of this Agreement shall be valid unleHS in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. This Agreement may be modified by Court Order.. 6 ~ 2. This Agreement shall be construed in aocordanoe with the laws of the commonwealth of PennsYlvania which ar$ in effeot as of the date of execution of this Agreement. 3. This Agreement constitutes the entire understanding of the parties regarding custody and child support and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties regarding custody or ohild support other than those expressly set forth herein. 4. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 5. In the event either party to this Agreement shall breaoh any term, covenant or other obligation herein, the non- breaohing party shall be ~ntitled, in addition to all other 6 ~emedies available at law or in equity, to reoover from the broaohing party all costs which the non-breaohing party may inour, inoluding but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 6. This Agreement shall survive any action for divoroe and decree of divorce and shall forever be binding and oonolusive on the parties I and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration tor this Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. rhe adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ~ I (J y-, j/~t~<f) .1I1/f . (/ &~dj/r) (y, ~ cin y . Bar c 7 AUG 12 199* Vi'/ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND CQUN'fY I Pf:NNBYLVANIA CIIlDY LEE BARRICI<, plaintiff v. CIVIL ACTION - LAW W CUB'fODY NO . 94 - 4.';.;; ,~") C l{.IJ '\iI-t1.. LARRY D. BARRICK, Defendant ORDIlR or OOURT AND NOW I this _~i!'day Clf August, 1994, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel shall appear before -1JU'\){' \~ l _ Ii () I I)! .) -- , the conciliator, at _.1!..!.!...-L1('('1\..11).l.!.ll:J~~n ~rn~ on the \.~ day of C)( \ I. \ ),' I , 1994 at i~'" .m., for a Pre-Hearing custody Conference. At auch conference, an effort will be made to resolve the issues in dispute; or if this cannut 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 shall~~lsO be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. FOR 'rHE COUR'f, ~') ;I By:. )1 .. /,;, '/tJJ./.. cus ody co~or 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 ADMINIS'fRATOR CUMBf:RLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 3. The plaintiff soeks primary oustody and visitation of the following childrenl Joshua James Barrick Date of Birth 9/21/86 Christopher Dean Barrick Date of Birth 10/29/87 f~nt. Residenoe 41 East Main street Plainfifflld, PA 17081 41 East Main street Plainfield, PA 17081 41 East Main Rtreet Plainfield, PA 17081 &g 11 IDuw Justin Charles Barrick Date of Birth 11/27/82 7 6 The children are presently in the shared physical and legal custody of Plaintiff and Defendant. The children have not resided in any other location during the past five (5) years, except for the children's present address. The mother of the children is Plaintiff, who resides at 41 East Main street, Plainfield, cumberland county, PA. She is married to Defendant. The father of the children is Defendant, who resides at 41 East Main street, Plainfield, Cumberland county, PA. He is marrie~ to Plaintiff. 4. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides at 41 East Main Street, Plainfield, Cumberland county, PA. The Plaintiff currently resides with the children. 6. The relationship of the Defendant to the ohild~en is that of rather. The Defendant currently rosides at 41 !ast Main Street, Plainfield, cumberland county, PA, 6. Plaintiff has not participated as a party or witnees, or in any other capacity, in other litigation concerning the custody of the children in this or another court. The Plaintiff has no information of a custody proceeding conoerning the custody of the children in this or any othe~ oourt. The Plaintiff does not know of u person not a party to the prooeedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. Ths best interests and permanent welfare of the children will be served best by granting the relief requested because I a) The Plaintiff has had shared physical and legal oustody of the children since the children's birth; b) The Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; c) The Plaintiff is, and has always been, willing to accept custody of the children; I, ,,-..Ifii \~il'~i~""i~ 'c"t+,~f' ;fh ,0+, j "!(Hl!- r~ilrrt,-1:1;ilf:-IIIN.tjt~j\.II"'j--'II/~;';- 'I , ,I , i'! " AUG II 2 39 PH '9~ 'II'! I, I' ! " II "~F "" I, ' ,,111011 ,14~~ ,'It!. I '",11,:, 1),!IJHn ,.~ !t~l ti 11 V U,'" 'I 'L' /: 01,\;'1 It 1','. 'I I 'I' ':. 'J! l/l)..!XJ ~. 4 SQj fd-. ~ '" C!::Ii- 01 J9tf 'fJ# If/l/JS , " , , , , I, " ,,' , I " ,I " ;;]!~t,,\,(IJ~ 'f,"'1 ../t"!~n, ;;!~. :},'!\ il, "h,,",..-.,-.,~,',._,......'t,j"_~__"'''''''.'",,,jhl~j~..)M''''''_''"~._.~~-'-.........,.___..._,~_._ , ' 'I . , ~ , , , il " ~ , I " '" '10, " . ,I ''t-. " II' . , . '!. ~-, " , " ." " '[ ........,.-. " " . 5. Respondent has on numerous ocoasions, most recently August 20 and 21, 1994, lost his temper and used abusive language and profanity towards the children. 6. Respondent has recently, over the 4th of July 1994 weekend, knocked down one of the children (Joshua) and physioally kicked said child across the driveway. Said kicking was abusive and was witnessed by neighbors. 7. Respondent has regularly, most recently August 24, 1994, lost his temper and used abusive language and profanity towards Petitioner. 8. During discussions with Petitioner, Respondent has regularly become abusive and at times has thrown lights and other objects at Petitioner. 9. Respondent has, during the marriage, several times threatened to Kill himself if the marriage ended. 10. Respondent has been using highly inappropriate behavior and foul language in front of the children. 11. Respondent's emotional and mental state poses an unnecessary riSK and danger to the safety and well-being of the children. 12. Petitioner believes, therefore avers, that when Respondent actually receives the complaint for Primary custody and Visitation he will become abusive to both Petitioner and children. said Complaint was served by United states Mail, Certified, Restricted Delivery. IN THE COURT OF cOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY LEE BARRICK, I Plaintiff 1 I CIVIL ACTION - LAW v. I IN CUS'fODY I LARRY D. BARRICI<, I NO. 94-4522 civil Term Defendant 1 CIRTIrICATI or BIRVICI AND NOW, this 29th day of August, 1994, I, Miohael J. Hanft, Esquire, hereby certify that the following person was served with a True and Correct copy of the custody Complaint filed in the above-referenced matter. The custody Complaint was served on August 25, 1994, by Defendant signing for a copy of the custody Complaint, which was mailed in the United states Mail, Certified Mail--Return Reoeipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows 1 Larry D. Barrick 41 East Main street Plainfield, PA 17081 A oopy of the signed Domestic Return Receipt is attaohed hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. suite 2 .ll ",111-"",""",,,; ...:....~ ,1.,,,,, .', ~""~H~";'I;..,,<I.jitjj,,".l.I" ..~"., 'j ^UQ 30 8 3~AH '9~ tllll: 'If Jill, I, I!IIH'JlAh\ !.I.'Il' 1i1,'.IIIIIlI'I'ilV HIIlI'lll'liIII,\ II ,I Ii', /. II I' I oI!, " ,'. " , , , I " .' , q! " " I' ) ~ 'I" ',I d I, , '1 " 'I -, ,. 111,'i' " !I I I "n-t"J ,'" '-'1.'.. 'M'~"\'~tl \"!...",,,/.Il4i~...' jlt,J,..".~~, I. .~'... f . ~' , " " .. ,I' " . '. .' " , ...-,_. I' iil: Sf' 9 3 14 PH '9~ I, lit "I, ,,/- ~ Illf 11"111 1 'iIIlJl,i'M,t OOHIII'I'" II,,) 'i'"'''' I j'(Ion(I,,'Nll , ), I, dl, -fi , , " " I I " " ,I " I' I,' , " I' " 'I' ct,-~_."".__. ,_.-, ,;,-",'1,_"._' "...,,1"" I ,., _"__",,J.,\' 1-.l.o''-''I'\\ltijjih-l~'W-~~~~-t.H_'t'..It~_~T'''"'''-''-'_''r: ,j! , , I I I f1 I ." " " ~ , I' ~ 1 '. \1 . . " it II , .' ~ ...~- ~ (l~ '~'1 i1' (€J '1 ~ ~ ~~ ~I I ~ ~.~ ~ . ~ ;i ~ ~ ~ I ~ fj . ~ iH; ~ H fj p:", ~ (5 ~~ ~~ ~~I~ P: t:: f: ~!fE u ~.~ .~ ~ ~h~: ~p.. P2l I ~ ~ . ~ rn ~ ~ I> ~ H ! I . I . ; MAk 1 i ",'; I IN THE COUR'l' O~" COMMON PLEAS OF CUMBERLAND COUN'l'Y, PENNSvr,vANIA CINDY LEE BARRICK, Plaintiff v. CIVIL ACTION - LAW IN CUS'l'ODY NO. 94-4522 civil Term LARRY D. BARRICK, Defendant I:' ., AND NOW, this ORDER 01' OOUR'l' II") ~ day of _MJJ 1. . , , 19915, upon.j::. "\ oonsideration of the attached Agreement Regarding custody, ~~ is eo" hereby Ordered and Directed thBt~ lon (,J-t 1) The parties shall have shared legal custody of their minor children, Justin c. Barrick, Joshua J. Barrick, and Christopher D. BarriCK. 2) The Mother, cindy L. BarriCK, shall have primary physical custody of the children, subject tot he fOllowing periods of Father's partial physical custody I a) From October 21, 1994, on alternating weekends, beginning at 5100 p.m. on Friday until 7100 p.m. on Sunday. The parties agree to be flexible and accommodating to potential sohedule changes and/or special activities or emergencies. Should it be necessary for the parties to trade weekends, the parties will always revert back to the original custody schedule for the remaining weekends. b) Beginning October 17, 1994, on the Mondays and Wednesdays following Mother's weeKend from 5:00 p.m. to 8:00 p.m. 0) Beginning October ~4, 1994, on Tuesday 5100 p.m. to 8100 p.m. and Thursday from 5100 p.m. overnight through delivory to the childreWs school Friday morning. d) At loast two (~) weeks of custody during the ohildreWs summer vacation from school. The parties shall disouss and agree to this period of custody at least thirty (~O) days prior to Father exercising his r.ight. A week is defined as beginning on Friday at 5100 p.m. and onding on the following Friday at 5100 p.m., unless the parties agree otherwise. e) The parties agree that they will be oooperate and be as flexible as possible with regard to custody for any holiday, birthday or extended vacation period. They agree to discu~s and agree to the holiday and birthday schedule at least two (2) weeks prior to any holiday not specifically mentioned in this Agreement. If a holiday falls on a weekend, the holiday schedule agreed upon by the parties will take precedence over the normal custody schedule. Once a schedule is established for any particular holiday or birthday, custody of the children shall alternate between at her and Mother every year according to that same schedule. f) Mother shall have custody every Mothe~s Day and Father shall have custody every Father's Day. g) The parties agree that they will be flexible and as accommodating as possible with the transportation of the children. IN 'l'HE COUR'l' OF COMMON PLEAS OF CUMBERI,AND COUNTV, PENNSVLVANlA CINDY LEE BARRICK, Plaintiff v. CIVIL ACTION - LAW IN CUSTOPV NO. 94-4522 CIVIL TERM LARRV D. BARRICK, Defendant AGREEMENT REGARDING CUSTODY Il THIS AGREEMENT, made this ~day of october, 1994, by and between LARRV P. BARRICK of plainfield, cumberland county, PennsYlvania, party of the first part, hereinafter referred to as "Husband" and CINDY L. BARRICK of Plainfield, cumberland county, Pennsylvania, party of the second part, hereafter referred to as "Wife". WITNESSETHl WHEREAS, husband and wife are residents of the commonwealth of Pennsylvania and have been so for at least the past six (6) months 1 WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another 1 WHEREAS, there were three (3) children born of the marriage I JUSTIN CHARLES BARRICK, born November 27, 19821 JOSHUA JAMES BARRICK, born september 21, 19861 and CHRISTOPHER DEAN BARRICK, born October 29, 19871 1 WHEREAS, it is the intention and purpose of this ~~reement to set forth the respective custody, visitation and ct:ild support rights and duties of the parties while they continue to live apart from each other1 and WHEREAS, the parties hereto have mutually entered into ugreement for the custody, visitation and support of their minor children, after both have had full and ample opportunity to ~ansult with their respective attorneys, and the parties now wish ~~ have that agreement reduced to writing. NOW, 'fHEREFORE, the parties hereto in consideration of ~ne mutually made and to be kept promises set forth herein and ~or other good and valuable consideration, intending to be l~gally bound and to legally bind heirs, successors, assigns, and ~arsonal representatives, do hereby covenant, promise and agree q. followSl I. CUSTODY 1. Except as provided herein, Wife shall have primary physical custody of the children, JUSTIN CHARLES BARRICK, JOSHUA JAMES BARRICK, and CHRISTOPHER DEAN BARRICK, subject to such reasonable partial physical custody of Husband. 2. The Parties agree to shared legal custody of the children, JUSTIN CHARLES BARRICK, JOSHUA JAMES BARRICK, and CHRISTOPHER DEAN BARRICK. Each Party agrees to keep the other 2 ~pprised of importnnt mnttura rulating to tho uhildru'I'a hunlth, education, welfarn, and activities, The Parties further agree that each shall hnve equal nccuss to information concerning the ohild~en. 3. The pnrties agree on the following visitation schedule for the childrenl a. Weekends. starting october 21, 1994, Husband shall have custody of the children on ~lternating weekends, beginning at 5100 p.m, on Friday evening until 7100 p,m. on sunday evening. The Parties agree to be flexible and accommodating to potential schedule changes nnd/or spacial activities or emergencies. Should it become necessary for the Parties to trade custody weekends, those weekends will change however, the Parties will always revert back to the original custody schedule for the remaining weekends, b. Weekdays. 1. Beginning the week of October 17, 1994, Husband shall be entitled to visitation on Monday and Wednesday evenings from 5100 p.m. through 8~00 p.m. This Monday and Wednesday night visitation shall be for the week after Mother's custody weekend. 2. Beginning the week of October 24, 1994, Husband shall be entitled to visitation on Tuesday evenings from 5100 p.m. through 8100 p,m. and Thursday evenings from 5100 p.m. 3 overnight through dolivery to tho ohildren's achool Friday morning. c. Summer vacations. IhHlband sha 11 have tho right to physioal oustody of the children for at least two (2) weeks du~ing the children's summer vacation from nchool. Husband and Wife shall disouss and agroe, thirty (30) days ahead of the scheduled time as to which weeku lIusbund shull have custody of the children. A week shall be defined us beginning on Friday at 5100 p.m. and ending on Friday of the following week at 5100 p.m. unless other arrangements have boen made by the parties before the week begins. d. Holidays. 1.) The parties hereto agree that they will cooperate and be as flexible as possible with regard to custody of the child for any holiday or extended vacation period. If a holiday falls on a weekend, the holiday schedule agreed upon by the parties will take precedence over the normal custody schedule. 2.) Wife shall have custody of the child on every Mother's Day. Husband shall have custody of the child on every Father's Day. 3.) Husband and Wife shall discuss and agree on a custody schedule for the child at least two (2) weeks prior to any holiday not specifically mentioned in the Agreement, including but not limited to New Years, Easter, Memorial Day, 4 July 4th, Labor Day, 1~ankayivinq, christmas, the children/s birthdays and each Party's respective birthdnys. It is the intent af the pnrties to estubliah a birthday schedule that allowlI each of tho partiea to spend time with the children on the children's birthday. 4.) once a schedulo is established for any particular holiday, custody of the child shall alternate between Husband and Wite every year according to that same schedule. 5. ) It is the intent of the parties that transportation of the children between parents for all purposes/ but especially custody purposes, shall be as flexible and accommodating as possible. 6. ) It is the intent of the parties to be as flexible as pOllsible with regard to Husband's addition times of visitation. II. MISCELLANEOUS 1. No waiver or modification of any of the te~ms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. This Agreement may be modified by Court Order. 5 2. This Agroement shall bo construed in aocordance with the laws of the commonwealth of Pennsylvania which a~B in eft.ot as of the date ot axecution of this Agreement. 3. This Agreement constitutes the entire understanding of the parties regarding custody and child support and supersedes any and all prior agreements and negotiations between them. There arB no representations or warranties rega~ding custody or child support other than those expressly set forth herein. 4. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, .condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 5. In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non- breaching party shall be entitled, in addition to all other 6 remedies available at law or in equity, to recov~r from the breaching party all costs which the non-breaching party may inour, including but not limited to riling feeB and attorney's fees, in any action or proceeding to enforce tho terms ~f this Agreement. 6. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties I and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the parties hereto and the Qovenants and agreements of each of the parties to the other. ,The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. i~;igl /7 I ' ,L/l (~ 0 ~ l. . l~\-~-"2 ~,/Larr O. Barr c ;11vvv(' ,( . J fll/ / I ~#)~ Cin y . Bar c 7 ,. . ~ en :>- II"; E:: '" ~l; .. "1'" .. I '-J .- "~I ,/ n '.' ... ' :..'. .,., u.. Il:-:"J ~I},~ 'tl ; >'JI ;1" , 1,., [:1,' I r.: ~jli'i.I u. tt I'~ ,. ..~ -,,; ., IJ rn ;3 r..) . . ~;ncu -~ ~.-~ ~ ... I '.\JOII, . rr a M,uLAND APR 0 (J 1999tb 'II W, "10" mar IIIl'l Mt\RKlIT .,....,. .' . . . Ct\lU.1.J. ~t\ l!lll! ct\MP Itll.l., pt\ 11011 . . l'IlIlNI (717) z~I"n,.. PIltN. (7171717.)401 AWl" () :J I~I~H CINDY LBB BARRICK, I Plaintiff/Respondentl I v, I I LARRY D. BARRICJ<, I Defendant/petitionerl IN 'rUB COURT OF COMMON PI,EAS OF CUMBBRLAND COUNTY, PENNSYLVANIA No. I 90\-0\52;2 Civil 'ferm ci v 11 Act iOIl - Law IN CUSTODY QBDJB AND NOW this day of April, 1~99, upon conaideration of the foregoing Petition, it is hereby Ordered and Directed that the minor children, Joshua J. Barrick and christopher D. Barrick shall be placed in the temporary, primary physical custody of Petitioner, their father, Larry D. Barrick, until such time as Children and Youth Services may make a complete and final finding of fact and determination regarding the allegations of abuse or until such time as the parties appear before this Court for a hearing regarding the merits of these claims. 'rhe date of hearing is hereby fixed for the _._ day of .' 1999, at .m. in Courtroom No. -' Cumberland county Courthouse, Pennsylvania. J. IN THE COURT OF cnMMON PLEAS OF CUMBERLANO COUNTY, PENNSYLVANIA " aXNDY LEE BARRICK, Plaintiff ." v. CIVIL ACTION - LAW IN CUSTODY NO. 94-4522 civil Te~m LARRY P. BARRICK, Defendant AND NOW, this ORDER OF COURT J 7 .tt... _ day of f)1 (1..",:1,-, , 1995, upon oon.iderntion of the attached Agreement Regarding custody, it is hereby Ordered and Directed thatt 1) The parties shall have shared legal custody of thei~ minor children, Justin c. Barrick, Joshua J. Barrick, and christopher D. Bar.ricK. 2) The Mother, cindy L. Barrick, shall have primary physioal custody of the children, subject tot he following periods of Fathor's partial physica! custody: a) From October 21, 1994, on alternating weekends, beginning at 5:00 p.m. on Friday until 7:00 p.m. on Sunday. The parties agree to be flexible and accommodating to potential schedulo changes and/or special activities or emergencies. Should it be necessary for the parties to trade weekends, the parties will always revert back to the original custody schedule for the remaining weekends. b) Beginning October 17, 1994, on the Mondays and Wednesdays fOllowing Mother's weekend from 5:00 p.m. to 8100 p.m. c) Beginning Ootober 24, 1994, on Tuesday 5100 p.m. to I " ., 8100 p.m~ and Thursday from 5100 p.m. overnight through delivery ,to the ohildren's sohool Friday morning. d) At least two (2) weeks of custody during the ohildre~s summer vaoation from school. The parties shall discuss and agree to this period of custody at least thirty (30) days prior to Father exercising his right. A week is defined as beginning on Friday at 5~00 p.m. and ending on the following F~iday at 5100 p.m., unless the parties agree otherwise. e) The parties agree that they will be cooperate and be as flexible as possible with regard to custody for any holiday, birthday or extended vacation period. They agree to discuss and agree to the holiday and birthday schedule at least two (2) weeks prior to any holiday not specifically mentioned in this Agreement. If a holiday falls on a weekend, the holiday schedule agreed upon by the parties will take precedence over the normal custody schedule. Once ~ schedule is ~9tablished for any particular holiday or birthday, custody of the children shall alternate between at her and Mother every year according to that same schedule. f) Mother shall have custody every Mother's Day and Fathe~ shall have custody every Father's Day. g) The parties agree that they will be flexible and as aocommodating as possible with the transportation of the children. IN THE COURT OF CUMMON PLEI\B OF CUMBERLAND COUNTY, PENNSYLVANIA CINDV LEE BARRICK, Plaintiff v. CIVIL AC'rION - LAW IN CUS'rODY LARRV O. BARRICK, Defendant No. 94-4522 CIVIL TERM AGREEMENT REGARDING CUSTODY j j'!:- ... THIS AGREEMENT, made this day of October, 1994, ~y and between LARRY D. BARRICK of Plainfield, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as ~Husband~ and CINDY L. &ARRICK of Plainfield, Cumberland County, Pennsylvania, party of the second part, hereafter referred to as ~Wife~. WITN1i:SSETHl WHEREAS, husband and ~Iife are residents of the Commonwealth of Pennsylyania and have been so for at least the past six (6) months; WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continUing to living separate and apart from one another; WHEREAS, there were three (3) children born of the marriage I JUSTIN CHARLES BARRICK, born November 27, 1982; JOSHUA JAMES BARRICK, born September 21, 1986; and CHRISTOPHER DEAN BARRICK, born October 29, 1987; 1 . WHEREAS, it is the intention end pur.pose of thiQ ~~raement to set forth the respective custody, visitation and ci~ild support rights and dutieu of the parties while they continue to live apart from each otherl and WHEREAS, the parties hereto have mutually entered into B~reement for the custody, visitation and support of their mino~ children , after both have had full and ample opportunity to ~~nsult with their respective attorneys, and the parties now wish ~~ have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of ~ne mutually made and to be kept promises set forth herein and ior other good and valuable cO;lsideration, intending to be l~gally bound and to legally bind heirs, successors, assigns, and .~Grsonal representatives, do hereby covenant, promise and agree ~s followSl I. CUSTODY 1. Except as provided herein, Wife shall have pr.imary physical custody of the children, JUSTIN CHARLES BARRICK, JOSHUA JAMES BARRICK, and CHRISTOPHER DEAN BARRICK, subject to such reasonable partial physical custody of Husband. 2. The Parties agree to shared legal custody of the children, JUSTIN CHARLES BARRICK, JOSHUA JAMES BARRICK, and CHRISTOPHER DEAN BARRICK. Each Party agrees to keep the other 2 C.rll.,. He.pll'l .. Em.rg.ncy D,p'rlmenl 246 Parker 51 Carlisle, p/\ 17013 .. (717) 245.5500 Petlenl aABRICK. JOSHUA MD ED: BlInd. OalmillL..MO ReelPNNP AFTERCARE INSTRUCTIONS W. are pleileed to have baen able 10 prOVide you with emergency care Please review these Instructions when you relurn home In order to beller understand your diagnosis and the necessary further treatment and precautions related 10 your condition. Your diagnoeee/prescriptlons today ore Disch ~LJ.l2LlJU.!lJ1ID- Medical Record 9.JJlJJ.1!L-. Dx 1/1. ~1.!Ied Child ~Me Ox 1/2: Contusion, KIlIDL G.nlr.,lnrorm.t1on on CHILD ABUSE WHAT. Any kind of deprivation or mistreatment that adversely affects the welfare of an Infant, Child, or adolescenl Mlstraalment can be phYSical or emollonal Annually. an estlmaled 2% to 6% of all children In the U S suffer Injury from neglecl or assaull WHO. It Is estlmaled that 90% of child abuse is Inflicted by a close relative. parenl. brother or sl~ter .. usually the parent Abusers come from all slrala of SOCiety, all geographical areas, and all elhnlc groups. WHY. Parents who abuse children usually do so as a response to stress. Abusars often were abus~d themselves as children SIGNS OF CHILD ABUSE. Bruises, welts, burns, bumps, cuts, bite marks, broken bones. black eyes. Emotional changes In Ihe abused child may be manlfesled by failure to thrive. weight loss. weight gain, nightmares, Inability to sleep, phobias, frequenl illnesses, Withdrawal. listlessness. passiveness. low self esteem, anXiety and/or depression. Some abused children may becoma aggressive, disruptive, Impulsive, hyperactive, or negative. They may participate In sexual aberrations, drug abuse, or prostitulh:n. REPORTING TO AUTHORITIES. Report to your local aulhorltles or child protective agency any child In whom you observe signs of abuse. Many stales have laws tl1al charge you with beln9 an accomplice to abuse or neglect If you see II and do not report It. If you suspect abuse or neglect, report It and let the authOrities make the final decision Your name will be kept confidential IF YOU WERE ABUSED .If you yourself were abused as a Child, ask for gUidance and counseling 50 you will nol be likely 10 abuse your own child You will find greal satisfaction In breaking Ihe abuse pallern Help 15 available (see Support Services). What are the p/Jysical symptoms? Minor Injuries commonly include scrapes, brUises and/or sprains thai may occur anywhere on the body. The Injured area(s) 15 often sore. swollen and somellmes red or blue in color There may also be generalized aches and pains. Major Injuries can produce a variety of symptoms Including headache, neck pain, chest pain, belly pain or difficulty brealhlng What are the flske? MINOR 1. Often Ihe aches and pains Ihal resull from a physical assault keep gellln9 worse for the firsl day or two. This 15 uncomfortable. bul not dangerous 2. Sprains of the neck or back sometimes produce pain that lingers on and off for weeks or even monlhs 3. Cuts or scrapes sometimes gellntecled If not treated, thiS can become serious. MAJOR 1. Severe abuse can result In serious Injury or even death 2, Emotionallrauma may result in severe depreSSion and possibly self-destructive behaVior. 3 On rare occaSions, serious physical Injuries may not become apparenl for several hours or even days, TREATMENT. Both parents and children Psychotherapy, preferably long.term , " , Pg 2 SUPPORT SERVICES - Sheller$ Bre available In 1110$1 area$ of the country Call your local branch of ParentI\. Anonymous or the . NIlIonal Council on Child Abu$e (NCCA) 1.600-222,2000 Oln.r.llnform.llon on CONTUSIONS (Brul...) A bruise Is an Injury 10 the skin Ihal comu 11'0111 baing hll. pllshed 01' squaeled Mosl cOl11l11only, bruls~s resull 'rom auto accidents, lalls, sports Injulles or fights What are Ihe symptoms? Bruises can occur anywhere on the body The brUised area Is usually sore, swollenond ollen red or blue In color As the bruise heals, thero may be 0 yellowish dlscolorollon Ihot perslats for weeks What are the risks? Most bruises heal on Ihelr own wllhli1 3 to 10 days and do not produce any serious medical problems. There are, however, SOl11e risks 1, Somellmes bruised skin gels Infected This produces more redness, pain. swelling ond occBslonally a lever 2, On rare occasions. there may be serious Internallnlulles to the liver, lungs, heart or brain 3, Occasionally the swelling IrOI11 a bruise Is so sllvere. It cuts oft 1I1e circulation to a hand, arm, foot or leg, This Is II serious problem thai requires prompt medical attenllon The symptoms Include A) extreme pain, B) numbnllSs, tingling, weakness or C) $welllng of the entlle hand, arm. foot or leg INSTRUCTIONS 1) Keep the area elevated ThiS Will help reduce the pain and swalling 2) Ice packs are sometimes helpful dUllng the fllst two days Putlhe ice In e plastiC bag, Roll up the bag In a towel and put It on the bruised area for 5 to 15 minutes at a lime 3) Allar the firstlWo days. warm pack. may help ease Ihe pain and speed healing Roll up a small towel. Soak II In warm water and put lIon the bruised area(s) for 5 to 15 mlnutos ut a time, 4) II you are not allergic to them, you may take acetaminophen (Tylenol) or Ibuprofen (Advll) to help ease the pain. Pre scrip lion pain medlcallons are usually not required 5) SEEK IMMEDIATE MEDICAL AnENTION II A) you develop a lever. extreme pain, numbneBB, weakness, tingling. severe swelling, difficulty breathing, pain In the belly, a severe headache, vomlllng, blurred viSion. convulsions. excessive drowsiness, a loss 01 balance or B) you pass out or C) you develop redness or swelling of an entire hand, arm, foot or leg. D) In children ALSO look for decreased actiVity. difficully walking. poor feeding or Irritability Follow-up BAKER, DAVID C BELVEDERE MEDICAL CENTER 650 WALNIJT BOnOM ROAp CARLISLE PA FlU MD Ph Z1?1i~010 FlU DIT 1 Week Other Instr CALL TOMORROW TO ARRANGE FOLLOY.Y::J1EAPPT ICE TO KNEE LIMIT WEIGHT-BEARING IBUPROFEN &/OR TYLENOL FOR PAIN. FOLLOW-UP WITH CHILDREN & YOUTH May return to work/school: 412199 Restrictions: NO GYM ONE WEEK USE CRUTCHES TO AMBULATE EKOI Ind X-Rays: II you had an EKG or X-Ray today, It will be lormally reviewed by a specialist tomorrow, II there Is any change Irom today's Emergency Department reading, you will be nolified IMPORTANT NOTICE TO ALL PATIENTS: The examination and treatment you have received In our Emergency . IoI'W "'"""'" . 'AIDJI, OI1JDQ, ...."" . ~,uLAND .. w, II/QI4 mm .IIlt t.I~.UT lTUlIT CA,WIJ,lI.'" Ill/II c~t.I. HlU-,'~ llOll I'H1lWIITl1laAl..m I'IUl/III1\T)7)NW " . . ,. -.--.-".-.-.. ... CINDY [,EE BAl{RICK, I Plaintiff/Respondent I I V. I I LARRY D. BARRICK, I Defendant/Petitioner I IN 'I'IlB COURT OF COMMON PLEAS CUMB8RIJ\ND COUNTY. PENNSYINANIA NO. 94-4522 CIVIL TERM CIVIL AC'I'!ON . LAW IN CUSTODY CUSTODY ORDIlIR "Il, AND NOW, this '( day of Iii t~ II { , 1999, upon oonsideration of the attached Stipulation, it is ordered and decreed that temporary, primary physical custody of Joshua J. Barrick shall be placed in their natural father, Larry D. Barrick, subject to visitation by the children's natural mother, Cindy Lee Barrick. at times and places as the parties may reasonably agree, until such time as Children and Youth Services has made a final wr.itten determination and/or finding of fact and provided copies to this Court and attorneys for the parties. Once this determination has been made, either party shall have the right to petition this Court for a hearing regarding the issues involved with that determination. BY THE COURT, J. II' 1111~li~ I) , ,/1, , I . 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