HomeMy WebLinkAbout95-00483
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD R. BARRICK,
Plaintiff
CIVIL ACTION -LAW
IN CUSTODY
v.
SUSAN J. FLORENTINE,
Defendant
NO. 95- "'I'ff3 (!~t,J ~f.''1
AND NOW, this
ORDER OF COURT
1St- day of ~l,,,,""c'r\./
,
, 1995, upon
consideration of the attached Complaint, it is hereby directed
that
the parties and their respective counsel shall appear before
O',u''''l C;,u.Ao.'/ . the Conciliator, at
.
l...J. M...ir\ 5 ~. 1VJ(.:>("JC<l'li."l,v.....)
-
\'V\w-th , 1995 at 10: 3tJ17 .m., for a Pre-
s<1.
~t\~
on the
day of
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: '~1~~e~.
cu ody conc 1 ator '.PJ
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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,,~., Q.5' Copy
IW~OCC( t6 c..~11 fJa..p
t\,o.Jt.l to c/J
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD R, BARRICK, CIVIL ACTION -LAW
Plaintiff
IN CUSTODY
v,
SUSAN J. BARRICK, NO, 95-
Defendant
NOTICE
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money
or property or other rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland county Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
NOTICIA
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y arCh!""!:' en la corte en
forma escrita sus defensas 0 sus objeciones alas demandas en
contra de su persona. Sea avisado que si usted no se defiende,
la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notificacion y por cualguier queja 0 alivio que es
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(:\wcw.1.tnnT'&UJJlU'Ct'lTunY ('uN
pedido en la peticion de demanda. Usted puede perder dinero 0
sus propiendades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. 51 NO T1ENE
ABOGADO 0 SI NO TIENE EL DINERO 5UF1CIENTE DE PAGAN TAL SERVICO,
VAYA EN PERSONAL 0 LLAME POR TELEFONO A LA OFIC1NA CUYA DIRECC10N
SE ENCUENTRA ESCR1TA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGU1R A515TENC1A LEGAL.
Court Administrator
Cumberland county Courthouse
1 Courthouse square
Carlisle, PA 17013
(717) 240- 200
r la C. Vohs, Esqu re
Attorney 10 No. 65208
11 West Pomfret street, suite 2
Carlisle, PA 17013
(717)249-5373
Attorney for plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD R. BARRICK,
Plaintiff
CIVIL ACTION -LAW
IN CUSTODY
v.
SUSAN J. FLORENTINE,
Defendant
NO, 95-
COMPLAINT FOR PARTIAL CUSTODY
() It
AND NOW, this ~ day of :r-~n~~
Plaintiff, Richard R. Barrick, by and t~Ugh
, 1995, comes
his attorneys, The
Law Offices of Michael J. Hanft, and files the following
complaint for Partial custody and in support thereof avers as
follows:
1. The Plaintiff is Richard R, Barrick, an adult individual
residing at HHC 53d ASG. CMR 438, Box 1454, APO AE 09111 (West
Germany) .
2. The Defendant is Susan J. Florentine, an adult
individual residing at 47 West Keller Street, Mechanicsburg,
Cumberland county, Pennsylvania.
3. Plaintiff seeks partial custody of the following
children:
~
Shawn A. Barrick
Present Address Aqe
Joshua B. Barrick
47 W. Keller st., Mechanicsburg 8
47 W. Keller st., Mechanicsburg 6
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The children were not born out of wedlock.
The children are presently in the custody of Defendant,
Susan J. Florentine, who resides at 47 West Keller street,
Mechanicsburg, Pennsylvania,
The past five (5) years, the children as resided with the
following persona and at the following addresses:
Persons Address
Dates
Susan Barrick, Thomas 47 W. Keller st" Mechanicsburg
Murry, and 2 minor
children
6/94 to
Present
Susan Barrick New Bloomfield, PA
Susan Barrick New Buffalo, PA
Richard R. Barrick Anniston, Alabama
and Susan Barrick
2/92 to
6/94
4/91 to
2/92
4/89 to
4/91
The mother of the children is Susan J. Florentine, currently
residing at 47 W, Keller street, Mechanicsburg, Pennsylvania,
She is single.
The father of the children is Richard R. Barrick, currently
residing at HHe 53d ASG, CMR 438, Box 1454, APO AE 09111 (West
Germany) .
He is married.
4. The relationship of Plaintiff to the children is that of
father. The Plaintiff currently resides with his wife and her
children, Nicholas, Laura Beth, and Leigh Ann.
5, The relationship of the Defendant to the children is
that of mother. The Defendant currently resides with the
children, her boyfriend Thomas Murry, and his two children.
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6. Plaintiff has participated as a party in other
litigation concerning the custody of the children in the Court of
Common Pleas of perry county at 91-1376, which was a divorce
proceeding, the final decree of which incorporated an Agreement,
a copy of said decree and Agreement is attached hereto and made a
part hereof, and marked as Exhibit "A".
Other than the aforementioned divorce decree, the Plaintiff
has no information of a custody proceeding concerning the custody
of the children in this or any other court.
The 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 interests and permanent welfare of the children
will be served best by granting the relief requested because:
a) The Plaintiff is the natural father of the children;
b) The Plaintiff is currently enlisted in the United
states Army, stationed in West Germany;
c) The plaintiff can provide 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 partial custody of the children; and
d) The Plaintiff, as the children's father, provides the
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C\Wl"W;1JI!)(T1lJlAlJK"U'.c\-'noor en.,
children with love, affection, and care.
S, Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child have been named as parties to this action. There are no
other persons who are known to have or claim a right to custody
or visitation of the child.
WHEREFORE, Plaintiff respectfully requests Your Honorable
Court grant Plaintiff partial custody of the children.
Respectfully submitted,
HANFT
W 1 am C. Vohs, Esqu re
Attorney ID No. 6520S
11 W. Pomfret street, suite 2'
Carlisle, PA 17013
(717) 249-5373
Attorney for Plaintiff
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verification
I verify that the statements made in the foregoing complaint
for Partial custody are true and correct to the best of my
knowledge, information and belief. This Verification is made
only as to the factual averments contained herein, and not to
legal conclusions and averments authored by counsel in his
capacity as attorney for the party or parties hereto. 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.
v
-~\\ ~,
Richard R. Barrick
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IN TIlE COURT OF COMMON PLEAS OF THE 41ST JUDICIAL DISTRICT OF
',,"'ii':, :;",',,',,':; PENNSYLVANIA, PBRRY COUNTY BRANCH
..., SUSAN.'J ~','BARRICK; . CIVIL ACTION - DIVORCB
.
Plaintiff :
.
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v. . No. 91-1376
.
.
.
RICHARD R. BARRICK, .
.
Defendant .
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DECREB
AND NOW, July 2
, 1992, it is ordered and decreed
that SUSAN J. BARRICK, Plaintiff, and RICHARD R. BARRICK,
Defendant, are divorced from the bonds of matrimony.
The court retains jurisdiction of for those issues specifi-
cally reserved as set forth in the Agreement dated May 28,
1992, executed by the said Susan J, Barrick, and Richard R.
Barrick, a copy of which is attached hereto, and which said
Agreement is incorpo~ated herein by reference.
BY THE COURT:
1s/ KEI~:......9.UIGLEY
P. J.
I, William M. Templeton, Prothonotary, do hereby certify
that the foregoing is correct, and a true copy of the Decree
entered in the above entitled case,
Clerk
,
~;~~ty pr tho notary
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AGREEMENT
This agreemont datod tho 28th day of May, 1992, by and
between SUSAN J. BARRICK. party of tho first part. and hereinaf-
ter referred to os "Wifo" or "Mother", and RICHARD R. BARRICK.
party of the second part. and hereinafter referred to as "Hus-
band" or "Fathor".
W ITNESSE'l'1I
WHEREAS. tho pC\I.ties hereto al'e Husband and Wife. having
boon mardod on O.:lobol' In. 1905. and al'e the parents on two (2)
childron. OEllnl.ll;'. f'ihawn A. BUI.J'ick, bOl'n on Mfu'ch 4, 1966, and
Joshua B. Barrick. born on Junu 3D. 1988: and
WHEREAS. tho parties hove resolved that it is impossible to
continue the marital relationship between them for reasons known
to them: and
WHEREAS. Wife has filed suit for divorce from the
matrimony in the Court of Common Pleas of the 41st
District of Pennsylvania. Perry County Branch. at No.
and
bonds of
Judicial
91-13;6:
WHEREAS, the partiou desire to make arrangements in connec-
tion with tholr anticipated divorce. including tho settlement of
theil' propert~. rishts,' tho custod~' and support of their child:'en
and other rishts and obliGations urisins out of their marital
relationship; end
WHEREAS. both Huobend and Wife hove been full:r. seperately
find indapolldQllt ly advisllu of his ClI' hOI' logal rights and oblisa-
tions. flnd each ht's fully and completely disclosed to the othel'
his or her property holdings end illcomc; and
WHEREAS. both Husband and Wife fully understand all the
terms. conditions, end provisions of this asreement and believe
it to be fair. Just. adequate. and reasonable as to each of them
and. voluntarily accept such terms, conditions and provisions.
NOW THEREFORE. in consideration of the mutual
heroin containod. the parties horeto. intend ins to
bound horeby. aAroo as follow~:
covenants
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I, The parties may and shall continue at all times to live
aepal'ate and apal.t fl'om eech othel'. free from interfel-ence or
control by the other..as fully aa if he or she were sihgle and
unmarried. Each may hereaftAr realde at such place anywhere in
the world nnd engage in any employment. dcdup~tion. business or
trude. which either mu~' deam fit, free from any interfel'ence or
contr~l, direct or indirect. by the other in all respects as if
,
he or ahe were aingle and unmarried. Both agree that he or ahe
shall not alienate the affections or attempt to alienate the
'affoctions of their children from the other.
2. Husband and Wi fe a~I'ep. that each will pay the
outatanding debta incurred on or before the date of the
sepF.ll'ntion:
following
parties'
a. Husband:
(1) The balance due Service Fenaral Credit Union in
the approximate amount of 56.000.00 on the 1988 Nissan automo-
bile. Husband shall hold wife safe and harmless from any liabil-
Ity thereon. The aforesaid automobile is titled in Huaband'a
name. and sholl be his sole and separate property.
tha
safl.!
(2) The balance due on the Montgomery Ward
approximate amount of 52.000.00. Husband shall
and harmloss from any liability thereon.
chal'ge in
hold Wife
(3) The balonce due o~ the Soars/Discover account(s}
in tho approximate om9unt of 51.500,00. Huaband shall hold Wife
safo and harmless from any liability thereon.
(4) The balance of approximately
Bo:;cov'a account in Joint names. Husband shall
nnd hRrmluGs from unr liability thereon.
5875.00 on
hold Wifa
the
safe
Jowelol.s'
from nn:;
(5) The balancc of
aCCOLln t. Huabrnd
liability thereon.
approximately $500.00
shall hold wife safe
on the Go~don
anc! harmless
(6) The balancc of approximately 570.00 on tho J. C.
Pennoy accoLlnt. Husband shall hold Wife aafe and harmless from
any liability thoroon.
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ill
Wifo
(7) The balance due Wife' 5 mothol', Al ico
tho amount of 53,002.46 plu!l illtnl'out. Husband
safo and hormloss.from any liability thoroon.
Flol'ontino.
'unul! hold
Excopt auhorcin providod in this paragraph 2, oach of tho
partios horoto covonants nnd ugroos thnt ho or sho has not in the
paut and will not ut. any timo in the futuro incur or contract'hny
dobt. chargo or liubility whatsoevor for which tho othor party.
his or her legal represontatives. or his or her proporty or
os tate may be como liable: and each of thom further covonants at
all times to keop tho other free. harmless and indomnified of and
from all debts. charges and liabilities heroaftor contractod by
them.
3, The parties horeto agreo that thoy
mad tnl pOl'sonal pl'opel'ty to their, mutual
personal property in possussion of oach shall
and sepurate property upon execution heroof.
have divided
satisfaction.
bo his aI' her
the
The
sole
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Tho purtie~ hereto agroe thnt they shall shore logol
of thrd \' children. ~Iother shull na\'o priman" physical
ond Futhar shall have partial physical custody at such
mutually agreed upon by the partios hereto.
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5. Mothor agroes that she shall consult with Father with
roapect to the education and religious training of the children.
any i11n09s 0/' operation. except in an omerg'ency, of the children
and other matters of similar importanco affocting the children.
Fathel' shall likewiso so consult w'ith tho Mother with rospect to
any illness, except in an emorgency. while the children are in
his r.ustody. The oducation. dovelopmont, health and well-being
of tho children shall at .all times ho tho paramount consideration
of Mother and Father. Each parent iurther agrees to keop tho
othor paront informed of the child's genoral activities whon in
his or her custody.
I; .
Hund rl,d
chi Idl'OIl
Father ugrees thut he will pay to Mother the sum of
Elm] 110/100 DollEll's (5(;00.00) support oach month fOl'
to be paid as Collows:
Six
the
11. Tho sum of Four Hundred
(5400,00) shull be paid in the middlo of
from the date horoof foi that purpose.
and 00/100
each and evor)'
001101'5
month
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ohall
hel'eef
b. The OUJl\ ef Twe Hundred and 00/100 Oellaro ($200.00)
be pnid at the end ef each and every menth frem the date
fer that pUI'peoe'.
Father agrees that the aferesaid sums shall be deducted frem
his puy, and ferwarded te MDther.
Tho parties herete may. by mutual agreement, increase er
decrease the ameunt ef menthly suppert payable te Mether.
rathel' ngroes thut he will previde Mether with the necessal'Y
decuments fer madical, sur~ical. ~ental, and prescriptien cever-
age for the children.
7. The parties herete agree that sheuld Father leave the
military oervice. Yelher may cemmence an actien fer child suppert
befero Lhe upprepriate demeslic rolatiens efficer.
Tho
mad tnl
parti~s herete agree lhat
persenal preperly in his er
thut he Dr she ha~ ne richt.
proporty ef the other.
each has his er
hel' possession,
title er interest
her
and
in
pre-
each
::aid
t&grQe~
persentl1
O. All liabilities en Jeint federal. state er 11.11.101 inceme
tax roturns heretofere filed by the parties shall be the respen-
sibility ef Husband.
9. The parties herete agree. that Father shall claim
A. Dllrricl\ I.Hl a dlJpel~dent fer Federal inceme tax purpeses,
that Mether shall claim Jeshua B. Barrick 1.15 a dependent
Federnl inceme tax purpeses.
Shawn
and
fer
10. A mudl ficatien er waiv'!I' nf tiny of the previsiens ef
thi~ Agreement shall be effective enly if made in writing and
executed with the same fermality as this Agreement. The failure
ef either party ta insist upen strict perfermance ef any ef ~he
previsions ef this Acreement shall not be censtrued as a waiver
ef anY subsequent default ef tho same er similar nature.
11. If eithor party defnults in tho due perfermance ef
ef the terms, cenditions and cevenants ef this Agreement en
er her part ta be perfermed, tho nendefaulting party shall
the riKht te suo fer specific perfermance er damages fer
eny
his
heve
the
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breach of this Agreement. and defaulting crhall pay the roasonable
legal feecr for ony services rendered by the nondefoulting party's
attorney in any actidn or pro~eeding to compel the defaulting
purty's duo performanc~ hereunder.
12. Each party hus sought separate legal counsel relative
to this Agreement:,counsel for the respective parties has ex-
plained aaid Agreement to each party; each party fully under-
standu all of the terms herein set forth: all of said terms
represent and constitute tho entire understanding between the
pertles: each party has read this Agreement and finds the same to
be in accordance with hicr or her undercrtanding. Each party does
hereby voluntarily exacuto lhl~ A~reemont and affixes his or her
cri~na tUl'e hel'e to in the pl'esence of the wi tnessecr below.
13. Except as otherwlso provided for herein. each party
hereby releaGen nnd dicrchnrgos comp~etely and forever the other
from any and ull rights of support, alimony. alimony pondento
11to. counsol f(ltH;, division of pl'opel't).. right of dower and
curtsy, richt to uct as administrator or exocutor in the estate
of tho othor. rl~ht of distributive share In the other's estate.
l'ight of exurnlltlon In thu ~state of tho othel', or any other
property rightu, benefits or privileges accruing to either party
b)' 'virtue of suid mUl'riago l'elationship, or otherwise. and wheth-
er tho samo ere conferred by the statutory law or by the common
law of Lho Commonwealth of Penncrylvania, o~ any other state. or
lhe common Inw of the United Slales of Ameri~a. It is the under-
alandlng bolween the porlies that this Agreement, except as
olherwise provided herein. forever and completely adjusts, set-
tles and diaposos of, and completely terminates, any and all
rights. claims. "l'ivileges Bnd benefits that each now has. or
each may have reason to believe each has. against the other.
~rlcrins out or said marrlnge reLationship or oth~rwise, and
wheth~r Lhe cornu are conferred by the lews of the Commonwealth of
Pennsrlvania. or ony other state. or nf the United States. of
America, and which are now or which may hereofter be in force'and
effect .
14. Each party chell. at the request of the other party,
prompll~ execute any nnd all documents which may require their
ciGnaturo for lhu purpoco of effectuating all of the terms and
conditions of this Agroemcnt 50 os to sive full force and effect
to this Agr~omonL.
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15. It i~ understood and agreod that the hairs, odministro-
torn. executors and assigns of the pOl,ties hel'eto sholl be bound
b)' all of the terms. conditions and clouses of this Agreement.
-
16. All ml.lttol'S offocting the intel'PI'etotion of this AgI'ee-
mant and the ri~hts of the porLlos hereto sholl be governed by
. ,
the lows of the Commonwoolth of Pennsylvania.
17. This Aureement sholl be submitted to the Court of
Common Pleas of tho 41st Judicial Dintrict, Perry County Bronch.
with the rOquAllt that this A.l:I'Oemollt bo incol'paroted into any
docre~ in divorue is~ued by tho said Court, it being understood
that Lho A~reeml,)nt will survive tha decree in divorce and not be
morged into it.
IN WITNESS WHEREOF,
legally bound hereby, hove
thio Agreement tho day and
the parties hereto intending to
hereunto set their hands and seals
dote first above writtan.
be
to
WITNESS,. /.. /:) .
~! /:. Ii ' /:0-/
:.t~~<:t1.'i'~L,-_ 7:;,~<'{:;"':'t"~ />i,'-'~'S"/
. ..f / ~USDn J. Borri{'i
(SEAL)
~f~_.\),_~~
-..............
(SEAL)
Richord R. Borrick
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COMMONWEALTH OF PENNSYLVANIA
S9.
COUNTY OF PERRY
On this, the/!.f#- day of May. 1992. before me the under-
signed officer, personally appeared Susan J. Barrick known to me.
or satisfactorily proved to be, ono of the persons whose name is
subscribed to the within instrument. and acknowledged that she
executed the sarno for tho purposo thoro in contained.
IN WITNESS WHEREOF, I ha\'e set my hand and official seal.
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CO~~ONWEALTH OF PENNSYLVANIA
COUNTY OF CUPlbe/'bI1J
On this. the 'irff day of tJ~. 1992.. personally appeared
Richard R. Barrick. known to me. or satisfactorily proven to be.
ona of the persons whose name is subscribed to the within instru-
ment. and acknowledged that he executed the same for the purpose
theroin contained.
ss.
NOTARIAL SEAL
RUBY F. VillARREAL, NOI~ry Public
Bloomfield Boro. Perry County. P..
My Commission Expire, Feb. S. 1993
IN WITNESS WHEREOF. J have so~ my hand and official seal.
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Nor2rlalSoal
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Mt Corrrnis6lOO E>j:iros Ctt ~~
Mf1lT'bcr,Porns'lr.lrlaA.s.scxiaillncA~
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RICIIARD R. BARRICK,
Plaintiff
IN TH8 COURT OF COMMON PL&AS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-483
CIVIL TERM
SUSAN J. FLOR8NTINE,
Defendant
CUSTODY
AND NCM, this
consideration of the
and directed as follows:
5,,~
ORDER OF COlJR'r
day of AJ J, ~JA
Custody dn~~~\eport,
, 1995, upon
it is ordered
1. The Mother, Susan J. Florentine, and the ~'ather, Richard R. Barrick,
shall have shared legal custody of Shawn A. Barrick, born March 4, 1986
and Joshua 8. Barrick, born June 3D, 1988.
2. The Mother shall have primary physical custody of the minor Children.
3. The Father shall have partial physical custody of the Children for
seven (7) consecutive weeks every summer, beginning at least one week
after the end of the school year and terminating at least one week
prior to resumption of the new school year in the fall.
(a) With regard to the Father's period of summcr partial custody in
1995, the Children shall be accompanied by an adult, with whom they are
familiar, on their flight to Germany, where the Father is currently
stationed. It is anticipated that the Children also will be
accompanied by an adult, with \/hom they are familiar, on the return
flight to the United States. However, if these arrangements are not
feasible, the Children shall return to the United States on a direct
flight with supervisory assistance by the airline having been
prearranged by the Parties.
(b) The Father shall be responHible for all transportation expenses
(including those incurred by the adult(s) accompanying the Children
during airline travel) related to his period of partial custody in
1995. Thereafter, transportation expenses shall be allocated by the
mutual agre~ment of the Parties.
(c) This summer partial custody schedule shall continue for so long as
the Father is stationed outside the COllI11Onwealth of Pennsylvania
through his service in the United States Army, Upon the Father's
relocation in the Commonwealth, the Parties shall review the foregoing
partial custody arrangements for the purpose of accomodating the
Father's change in residence by mutual agreement. If the parties are
unable to agree on revised partial custody arrangements, the Parties
may petition the Court to have the case again scheduled with the
Custody Conciliator for a Conference.
4. The Mother shall provide to the Fathel' copies of all the Children's
,
report cards, information as to significant developments Idth respect
the Children's health and results/reports of all routine medical
examinations. The Mother shall also provide periodic updates on the
Children's general physical and social development upon request by the
Father.
5. The Mother shall continue to promote and cooperate in arranging liberal
contact between the Children and their Paternal Grandparents.
BY THE COURT,
cc: William C. Vohs, Esquire
Murrel R. Walters, III, Esquire
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RICHARD R. BARRICK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLANC COUNTY, PENNSYLVANIA
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NO. 95-483
CIVIL TERM
SUSAN J. FLORENTINE,
Defendant
CUSTODY
CDlCILIATIW CCNFERENCE SlJolMI\RY. REPORT
IN ACCORDIINCE WITH CUMBEIUJ\ND altJNTY RULE OF CIVIL PROCEDURE 1915.3-8,
the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
Shawn~Barrick
Joshua B. Barrick
BIRTHDATE
March 4, 1986
June 30, 1988
CURRENTLY IN CUSTODY OF
Defendant/Mother
Defendant/Mother
2. A Concilitation Conference was held on March 2, 1995, with the
following individuals in attendance: The Mother, Susan A. Florentine with
her attorney, Murrel R. Walters, III, Esquire and the Father's counsel,
Hilliam C. Vohs, Esquire.
The Father, Richard R. Barrick, resides in Germany and was unable
to attend the Conference. However, the Paternal Grandmother was present
and able to assist in working out' arrangements for the Children to be
accompanied by an adult on their flights to and from Germany as provided in
the recollllKlnded Order. It is anticipated that the Paternal Grandmother
will travel with the Children to Germany.
3. There was no dispute between the Mother and the Father concerning
custody. The issue rained by the Parties at the Conciliation Conference
focused on specific arrangements for the Father's periods ot' partial
custody while he is residing outside of the country.
4. The Parties agreed to entry of an Order in the form as attached.
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Custody conciliator
,117 /9!J
Date
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MAR - 8 1995 .
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RICHARD R. BARRICK,
pIa inti tt
IN THE COURT OF COMMON PLEAS OF
CUMBERLAlIO COUNTY, PENNS'/LVANIA
\. .
SUSAN J, FLORENTINE,
Defendant
NO. 95-483
CUSTODY
CIVIL TERM
ORDER OF COUR~ \
p'''.'' 'lilt t. "or(~~-\ J CWh"': >
AND NOW, this 3ot~ day of June, 1995, it is ordered and
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directed that Hother. Susan J. Florentino, ahall moet Frances
Barrick on Saturday, July I, 19~5 at 10:00 a,m, in preparation for
an airplane f119ht which leaves Harrisburg Airport at 1:30 p.m.
The minor children, Shawn A. Barrick and Joshua B. Barrick, shall
be prepared for that flight along with clothing necessary for their
international airplane flight to Germany where they will spend time
with their father, Richard R. Barrick.
July 1 Shall initiate
Riohard R. Barrick's seven consecutive weeks of physioal custody of
the children, which shall end on August 18, 1995.
Susan J.
Florentine shall be notitied as soon as arrangements for the return
airplane flight are made so that she has an opportunity to meet the
children upon their return to the United states.
By the Court,
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JUN 30 2 14 PH '95
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RICHARD R, BARRICK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95.483 CIVIL
SUSAN J. FLORENTINE,
Defendant
CUSTODY
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of MARTSON, DEARDORFF, WILLIAMS & OTTO in behalf of
Plaintiff, Richard R. Banick, in the above matter and withdraw the appearance of William C. V ohs,
Esquire.
MARTSON, DEARDORFF, WILLIAMS & OTTO
By 1"~ ) INJt~
Thomas J. Williams, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attomeys for Plaintiff
HANFT & VOHS
By
Willam C. 0 s. Esquire
II W. Pomfret Street, Suite 2
Carlisle, P A 17013
(717) 249-5373
Dated: August 11, 1995
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same
in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
William C. Vohs, Esquire
II W. Pomfret Street, Suite 2
Carlisle, P A 17013
Murrel R, Walters, Ill, Esquire
54 East Main Street
Mechanicsburg, P A 17055
MARTS ON, DEARDORFF, WILLIAMS & OTTO
By 'f~M) 1..v~ &:-t
Thomas J. WiI~ms, Esquire
Ten East High Street
Carlisle. P A 17013
(717) 243-3341
Attorneys for Plaintiffs
Dated: August 11. 1995
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-483 CIVIL
RICHARD R. BARRICK,
Plaintiff
SUSAN J. FLORENTINE,
Defendant
AND NDW. Ihl' I " ~.Y of
attached Stipulation of Counsel, the first paragraph
1995, is hereby amended to read as follows:
CUSTODY
. 1996, upon consideration of the
ection 3 of the Court's Order of March 9,
The Father shall have partial physical custody of the children for
seven consecutive weeks every summer, beginning on the fourth
Sunday in June.
In all other respects, the Order of March 9, 1995 is ratified and confirmed.
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Murrel R. Walters. Ill, Esquire
Thomas J. Williams, Esquire -
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-483 CIVIL
RICHARD R. BARRICK,
Plaintiff
SUSAN J. FLORENTINE,
Defendant
CUSTODY
STIPI ILA TION
It is hereby stipulated by and between the parties of this action. acting by their attorneys of
record, that the first paragraph of Section 3 of the Court's Order of March 9, 1995 should be
amended to read as follows:
The Father shall have partial physical custody of the children for
seven consecutive weeks every summer, beginning on the fourth
Sunday in June,
Dated: ~. fl. t; v
:yURRVli!l1t~
Murrel R. Walters, III, Esquire
54 East Main Street
Mechanicsburg, PA 17055
(717) 697-4650
Attorneys for Defendant Susan J. Florentine
Dated: 7 /"j /7 (.,
MARTSON, DEARDORFF, WILLIAMS & OTTO
By -rfn--) ~-~
Thomas J. WillIams, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff Richard R. Barrick
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Stipulation was served this date by depositing
same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Murre1 R. Walters, lll, Esquire
54 East Main Street
Mechanicsburg. PA 17055
MARTSON, DEARDORFF, WILLIAMS & OTTO
BY{~W. ) t..~~
Thomas J. Williams, Esquire
Ten East High Street
Carlisle. PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff Richard R. Barrick
Date: 7/16/96
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