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HomeMy WebLinkAbout01-04752MELINDA A. BEARER (LEESE), Plaintiff v. TODD J• BEARER, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001- 4752 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY AFFIDAVIT Pursuant to the Order of Court dated August 18, 2005, Pazagraph 2, requiring a statement from the Plaintiffls psychiatrist regazding the Plaintiffls ability to care for her children without being a danger to the children, attached please find Dr. Shiv Aggarwal's report indicating that Plaintiff is not "a suicidal or homicidal risk". Respectfully Submitted, IRWIN & McI{NIGHT Dated: March 7, 2006 Douglas G ' ler, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717)249-2353 Attorney for Plaintiff sEA-14-2J05 12:43PM FROM-NHS/The Stevens Cantor Northwestern Human Services The Stevens Center, Partial Hospitalization Program 33 State Avenue, Cazlisle PA 17013 (717) 243-6033 Acc rding to the pt., oa July 21, she felt extremely depressed and her husband ignored this d pt. was not taken to the hospital. Subsequently, she drank antifreeze, 20 oz., felt di and was taken to Harrisburg Hospital where she was in Toxicology for 11 days bec use of aspiration pneumonia, GERD, and kidney failure. Following medical stab ization, she was admitted to the psych unit for 7 days and was discharged on August 9, 2 OS. Her current medications are Remeroa and Geodon. Reported feeling good, no pani attacks and depression is much better. Pt. had ongoing problems with her husband whi t is getting better as now he is more supportive. Pt. srill not working and not driv g. Plans to work in next 4 months. No drug and alcohol abuse. Takes iron and mul vitamin pill for anemia. Status Exam: App azance was normal with good hygiene. She was calm. Her affect was labile. Mood still emains somewhat depressed. She was coherent in her thinking. Na auditory or visas hallucinations. Her memory was intact. She was not assessed to be suicidal or horn cidal risk. Panic disorder with agoraphobia recommendations: Name: Melinda Leese 7/3/80 of Evaluation: 8/17/05 +7172430776 T-665 P.002/002 F-621 Pt. as advised to take her Norvasc, 5 mgs per day along with her vitamins and iron pills. She as also advised to continue her current psychotropic medications including Rem ron and Geodon. She was advised to continue her PHP two days per week. Her folio -up visit was scheduled in 4 weeks. Shiv /,~is Date M.1). CERTIFIC~iTE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by Certified Mail, Restricted Delivery, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: JEFFREY N. YOFFE, ESQUIRE 214 SENATE AVNEUE SUITE 203 CAMP HILL, PA 17011 IRWIN & McI{NIGHT By: Douglas G. 'ller, Esquire Supreme Co I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717)249-2353 Attorney for Plaintiff Date: March 7, 2006 ~~ ~) ~~ MELINDA A. BEARER, Plaintiff v TODD J. BEARER, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-4752 CIVIL TERM IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 18th day of August, 2005, upon consideration of Defendant's Petition for Special Relief with respect to the parties' children, Logan D. Bearer (Date of birth, June 30, 1998) and Todd J. Bearer, Jr. (Date of birth, May 10, 1999), and following a hearing held on August 17, 2005, and August 18, 2005, at which serious questions have been raised as to Plaintiff's mental capacity to care for the children, and pending a conciliation conference and further Order of Court, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties. 2. Physical custody of the children shall be in Defendant, the father, until such time as Plaintiff files of record a letter from a psychiatrist indicating that in his or her opinion Plaintiff's mental condition is such that she is capable of exercising physical custody over a child without significant physical danger to the child. ~ ~:: `r' ,- ~' ,~~ . ,~°: ~ ; -~ {~ G d. ~" t ~} ~"~ 'I ~t~ ~ '~Ly ~ :`'~~yt Eck w ~ L~ O ~-+ . ; 3. In the event that such a letter is filed of record, the children shall be returned to Plaintiff, the mother, within 2 days by Defendant, the father, and the terms of the Order of Court dated September 14, 2001, shall be deemed reinstated without further Order of Court. 4. This order is entered without prejudice to either parties' right at the custody conciliation conference to be held in the near future to maintain their respective positions as to custody of their children, and contemplates that a detailed order as to primary and partial physical custody will result from the conference and/or further hearing. By the Court, ~ouglas G. Miller, Esquire W. Pomfret Professional Building 60 W. Pomfret Street Carlisle, PA 17013 For Plaintiff ~deffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 203 Camp Hi11, PA 17011 For Defendant mae ~l~ oa . ~ RECEIVED AU6 0 8 2005.,E r '~,. MELINDA A. BEARER IN THE COURT OF COMMON PLEAS OF Plaintiff generally, but CUMBERLAND COUNT, PENNSYLVANIA Respondent in present action V. NO. 2001-4752 CIVIL TERM TODD J. BEARER, SR. CIVIL ACTION -LAW Defendant generally, but Petitioner in present action IN CUSTODY ORDER AND NOW, this day of _~ .,,~~a S ~ , 2005 in consideration of the Petition for Special Relief filed by Todd J. Searer, Sr., it is hereby Ordered that a hearing on said petition is scheduled for (titCG,~ /'7 , 2005 at ~3 i ~ ./p.m. in Courtroom # / located on the ~_ floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. L OS-la -D 5 ~.. BY THE COURT ,. ~~ ~ ~~ .. ~~ ~ ~=; ~~ '° o ~ ., ~ ~ - r~' ~ '%'z ~ CIS ~ LR'J 1.~~1 S o N C~J '" {~3~HFi¢Sp7.-`Y+1 ..,c .. •:Ji'!Nip .B ~ R, +tii; a 4d 'e~~9-. MELINDA A. SEARER IN THE COURT OF COMMON PLEAS OF Plaintiff generally, but CUMBERLAND COUNT, PENNSYLVANIA Respondent in present action V. NO. 2001-4752 CIVIL TERM TODD J. BEARER, SR. CIVIL ACTION -LAW Defendant generally, but Petitioner in present action IN CUSTODY PETITION FOR SPECIAL RELIEF 1. Petitioner is Todd J. Searer who resides at 173 Morningside Court, Weirton, West Virginia. 2. Respondent is Melinda Ann Leese, previously known as Melinda A. Searer, who is currently residing on a short term basis at the Polyclinic Hospital (2501 North 3rd Street, Hazrisburg, PA) because of a recent suicide attempt, mental health issues and physical problems believed to be related to the suicide attempt. 3. It is unknown by Todd J. Seazer when Melinda A. Leese will return home, however, when she does return home, it is anticipated it will be to 318 Walnut Lane, Carlisle, PA 17013. 4. The parties are the pazents of two boys, Logan Drake Searer (D.O.B. 06/30/1998) and Todd Jason Searer, Jr. (D.O.B. 05/10/1999). 5. The Custody Order currently in place is dated September 14, 2001 and is attached hereto as Exhibit "A". 6, It was on or around July 21, 2005 when Melinda A. Leese attempted suicide. 7. Pursuant to a verbal agreement between the parties which pre-dated Mother's recent suicide attempt and hospitalization, the boys were to be returned to Mother on August 13, 2005. 8. School is starting soon. 9. If Father is permitted to have primary physical custody of the boys, he intends to enroll them in Broadview Elementary School which is part of the Hancock County School District in West Virginia. 10. School has a starting date of August 26. 11. Mother's mental stability and physical condition is such that it is not in the best interests of the boys that she remain the primary custodian. 12. As a practical matter, Mother does not have the ability to be the primary custodian of the children on and after August 13, 2005 -the date she is supposed to regain primary physical custody of the boys. 13. The urgency which necessitates the filing of this petition for special relief istwo-fold: i. August 13, 2005 is the date the boys are currently scheduled to return to mother's primary physical custody; and ii. If enrolled in school in Father's school district, the school year for both boys is starting on August 26, 2005. WHEREFORE, pending further Order of Court, Todd J. Searer requests the Court grant to him primary physical custody of Logan Drake Searer and Todd Jason Searer, Jr. YOFFE & YOFFE, P.C. BYE // Jeffrey N. Yoff~, Esquire v Attorney for Todd J. Searer 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717)975-1838 Attorney ID No. 52933 jyoffe@verizon.net VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing petifion for special relief are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4404 relating to unsworn falsification to authorities. Dated: / ~ q~~ -~- Todd J. r MELINDA A. STAREK, : IN TIIE COURT UI~' C4MMON FLEAS OF Plaintiff : CiJMIIERLAND CUUN'I'Y, FFNNSYLVANCA V, : N0.2001-47,52 CIVIL Tk~RM TODD .I. SEAR)'iR, SK., :CIVIL ACTION -LAW Defendant IN CUSTODX ORDER OI' COURT AND NOW, this `. ''~ ~ "'day of ~ r`, _, 2001, upon considernlivn of ll~c attached ustody Conciliatio i Report, it is ordered and Aimeted as follows: 1, The Mother, Melinda A. Searer, and the p'ather, Todd 7. Searer, $r., shall have shared legal CUSLVdy of L~g:ui D. 3carcr, burn Juno 30, 1998 at+d Todd J- Searer, lr born May 10, 1999. Each parent sltall have an equal right, tv be exercised jointly with the ullur portal, to makt all major non-emergenay~esi€iene af-f~^+=^~~e Children's general well-being including, but not limited to, all decisions regarding their health, education and relii,~iott. 2. Mother shall have prunary physical custody ur axG ~lulJiv~~. Father shall have periods of partial physical custody as agreed by the parties. 4. This Order is entered pursuant tv Mother's request at a Custody Conciliation Conference at wluch Father did not appear. T'he parties may modify the provls[ons of this Order by Fnulual consent. In the absence of mutual consent, the terms of this Urder shall conhoi. rs~}" ~Q -DI ~ cc: Thomas 5. Diehl, Esquire 'Todd J. Searer, Sr. 26& Redwood Lane Carlisle, PA 17013 1'iY THE COURT, EXHIBIT "A" MELINDA A. BEARER, Plain[iff v. TODD J. BEARER, SIt., Defendant IN THE COURT Ol+ COMMUN PLEAS OE : CUMBERLAND CUUN'd'i', PTNNSYLVANIA :2001-4752 CIVIL TERM : CPYiL ACfIUN -LAW tN l:U.~ i'(JLY PRIOR JUD(TE: Alone CUSTODY CONCILIATION SUMMARY REPORT tN A4'CC)KUANC'E W[TH C'(TMBERLAND COUNTY RULE OI' CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent intbrmatton concerning the children who are the subject oe this litigation is as follows: NAME -DATE OF BIRTH CURRENTLY IN CUSTODY OF Logan K. Bearer June 3U, 1998 Mother Todd J. 5earer, Jr, May 10, 1998 Mother 2. A Conciliation Conference was held in this matter on September l2, 2001, with the following individuals in attendance: Mother, Melinda A. Bearer, was present with her counsel, Thomas S. Diehk, Esquire. Father, Todd J. Bearer, Sr., was not present although he had notice of the concthahon conference. Mother requested an Order in the form as attached. i Q - r ~ -v ~ ~1, ~ --- Date q4 line M. Verney, Esquire Custody Conciliator EXHIBIT "A" ~F ~ ~ c 0 d ~~ ^, -- .,, ,, -~, ~~ f:~ ~„ ~~ ~, ,~ ,- ,;, ~ ~. MELINDA A. BEARER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2001-4752 CIVIL TERM TODD J. BEARER, SR., :CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this !, ~ 4-'day of ~_, 2001, upon consideration of the attached ustody Concrliatio Report, it is ordered and directed as follows: 1. The Mother, Melinda A. Searer, and the Father, Todd J. Searer, 5r., shall have shared legal custody of Logan D. Bearer, born June 30, 1998 and Todd J. Bearer, Jr., born May 10, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make alt major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody as agreed by the parties. 4. This Order is entered pursuant to Mother's request at a Custody Conciliation Conference at which Father did not appear. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. a~ '~ C~.dl cc: Thomas S. Diehl, Esquire Todd J. Searer, Sr. 268 Redwood Lane Carlisle, PA 17013 BY THE COURT, ~ I ~~ old L I d,;~ f l; JJa~..~~.. ~r...~l i~.~.j N!~~1;1r':SNR~?cl MELINDA A. SEARER, Plaintiff V. TODD J. SEARER, SR., Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-4752 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Logan K. Searer June 30, 1998 Mother Todd J. Searer, Jr. May 10, 1999 Mother 2. A Conciliation Conference was held in this matter on September 12, 2001, with the following individuals in attendance: Mother, Melinda A. Searer, was present with her counsel, Thomas S. Diehl, Esquire. Father, Todd J. Searer, Sr., was not present although he had notice of the conciliation conference. 3. Mother requested an Order in the form as attached. Date cq line M. Verney, Esquire Custody Conciliator ~~~ _ MELINDA A. BEARER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 01-4752 CNIL ACTION LAW TODD J. BEARER, SR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, August lo, 2005 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appeaz before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 13, 2005 at 10:30 AM for a Pra-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 aRe five or older may also be present at the conference. Failure to appeaz at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ jacqueBne M. Verney, E'sg. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 ,. _., A~ ^~~s~ ~ ~~ ~, ~ so~or~ tilN~l~t~,SNN~jin ,, a~ ~ -- ~~ o ! ~n~ saaa ~;~iH! 3~1~'~~-C131 ~ ~t3 .. .. - - .. .< _ saw' ... ~R&#k-4~wn;~. ~„>i t ,.. _s<. .-e.r~ .x, .-,r'-: .~, .x€ ~... q~.`~ .RS,~a~irn~3 RECEIVED AU6 0 8 2005~~ MELINDA A. BEARER IN THE COURT OF COMMON PLEAS OF Plaintiff generally, but CUMBERLAND COUNT, PENNSYLVANIA Respondent in present action V. TODD J. BEARER, SR. Defendant generally, but Petitioner in present action CIVII. ACTION -LAW IN CUSTODY ORDER OF ,COURT AND NOW, this day of 2005, upon consideration of the attached petition to modify, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the NO. 2001-4752 CIVIL TERM day of 2005, at a.m./p.m.., for aPre-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 heazd 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: 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 information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heazing 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 32 South Bedford Street Cazlisle, PA 17013 (717) 249-3166 (800)990-9108 MELINDA A. BEARER IN THE COURT OF COMMON PLEAS OF Plaintiff generally, but CUMBERLAND COUNT, PENNSYLVANIA Respondent in present action V. NO. 2001-4752 CIVIL TERM TODD J. BEARER, SR. CIVIL ACTION -LAW Defendant generally, but Petitioner in present action IN CUSTODY PETITION TO MODIFY SEPTEMBER 14, 2001 CUSTODY ORDER 1. Petitioner is Todd J. Bearer who resides at 173 Morningside Court, Weirton, West Virginia. 2. Respondent is Melinda Ann Leese, previously known as Melinda A. Bearer, who is currently residing on a short term basis at the Polyclinic Hospital (2501 North 3rd Street, Harrisburg, PA) because of a recent suicide attempt, mental health issues and physical problems believed to be related to the suicide attempt. 3. It is unknown by Todd J. Bearer when Melinda A. Leese will return home, however, when she does return home, it is anticipated it will be to 318 Walnut Lane, Cazlisle, PA 17013. 4. The parties are the pazents of two boys, Logan Drake Bearer (D.O.B. 06/30/1998) and Todd Jason Beazer, Jr. (D.O.B. 05/10/1999). 5. The Custody Order currently in place is dated September 14, 2001 and is attached hereto as Exhibit "A". 6. It was on or azound July 21, 2005 when Melinda A. Leese attempted suicide. 7. Pursuant to a verbal agreement between the parties which pre-dated Mother's recent suicide attempt and hospitalization, the boys were to be returned to Mother on August 13, 2005. 8. School is starting soon. 9. If Father is permitted to have primary physical custody of the boys, he intends to enroll them in Broadview Elementary School which is part of the Hancock County School District in West Virginia. 10. School has a starting date of August 26. 11. Mother's mental stability and physical condition is such that it is not in the best interests of the boys that she remain the primazy custodian. 12. It is in the best interests of the boys that Father become their primary custodian. WI~REFORE, Todd J. Searer requests the Court grant to him primary physical custody and shazed legal custody of Logan Drake Seazer and Todd Jason Searer, Jr. YOFFE & YOFFE, P.C. By ~ effi y . Yo f ,Esquire Attorney for Todd J. Seazer 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717}975-1838 Attorney ID No. 52933 jyoffe@verizon.net VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing petition to modify aze true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: ~ Z ~ o ~.-. i cr~ii~' i Todd 7 r J ~:iw,p i ~ ct~f3;11l~" MI~,I,INDA A. 5EAREK, : iN TIIE COURT OF COMMON FLF"AS OF Plaintiff ; CL1Mi3ERLAND COUNTY, FENNSYLVANiA V. : N0.2R01-4752 CIViL Tk;RM TQDD .i. BEARER, SK., : CiV1L AC'I"IQN -LAW Defendant 1N CUSTODX ORDER OP COURT AND NOW, this _ ', '~ ~"day of ~ .., , X001, upon consideration of lUr attached ustody (,°UnO111at10 ~ RCPOTt, it is ordered and dimcted a5 follows: 1. Thu Mother, Melinda A. Searer, and tlla E'ather, Todd 7. Searer, Sr., shall have shared legal cusWtly ~!' Lu~~i D. 3carcr, born June 30, 1998 at+d Todd ~- Searer, 1r born May 16, 1999. Each parent shall have an equal right, tv be exercised jointly with the outer parent, to makt all major non-emergeno-y~esi€ieae a£f`~^+="the (:hildren'5 general well-being includinta, but not limited to, all decisions regarding their health, educafiott and relilrion- 2. Mother shall have prunary pnysicai custody of a1C ~lulJic~~. 3. Father shall have periods of partial physical custody as agreed by the partles. 4. This Order is entered pursuant to Mother's request at a L;ustody Conciliation Conference at wluch Father did not appear. T'he parties may modify the provisions 4 f this Order by luuluul consent. in the abecnee of mutual consent, the terms of this Order shall conh~ol. a+t"~ ((l1nW`° dl r S t~Q • I'1- ec: `Thomas S• Diehl, lJsquire 'Todd 7. Searer, Sr. 2G& Redwood Lane Carlisle, PA 17013 l~v TT-F. CC1[7RT_ EXHIBIT "A" ~,;~, ..1._,,,,, MELINDA A, 5EARER, Plstintiff v. TODD J. BEARER, SR„ Defendant IN THE COURT OF COMMON PLEAS OE CUMBERLAND COUNTY, PTsNN5VLVANIA :2001-4752 CIVIL TERM CIVIL AC'T'ION -LAW :1N i:U`ufl)UY YR[ORJUllGE: None CUSTODY CONCILIATIONS ARY REPORT lry A4'C:OI(I)ATYCE W[Ttl C'UlVlBERLAi'~ri COUiVTY IiiTI.l: QP CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the followinb report: L The pertinent information concernsng the Children wha are Lhe subjem uC this litigation is as follows: NAME DATE OF BIRTH C[JRRF.NTLY LN CUSTODY OF Logan K. Bearer June 3U, 1998 Mother Todd J. Bearer, Jr, May I U, 1999 Mother 2. A Conciliation Conference was held in this matter on September 12, 2UU1, with the fallowing individuals in attendance: Mother, Melinda A. Bearer, was present with her counsel, Thomas S. IJiehl, Esquire. Father, Todd 7. Bearer, Br., was not present although he had notice of the conctlialion conference. 3. Mother requested an Order in the form as attached. i Date cq~ line M. 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Q 6' ~a .~ ' ' i ~ n ~ ~ ~ ~' _ - 4i r g` A d 'ice ~ '~ Y., v'1 ''C fq ~.. ~ - .~^n.. ib. m 3 i 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 6 STATE OF ~ PENNA. ~ ~ ~AFI INDA A_ SEARER Plaintiff VERSUS ~nnn I $FARFR, SR. Defendant No. 2001-4752 DEGREE IN DIVORCE AND NOW, ~I 2tl U ? ~ -t L~ 08 IT IS ORDERED AND DECREED THAT MELINDA A. SEARER PLAINTIFF, AND TODD J. SEARER, SR. ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. BY THE C~n^~ ~/ ~ Z Y ATT T: J PROTHONOTARY r MELINDA A. BEARER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.2001-4752 CIVIL TERM TODD J. BEARER, SR., :CIVIL ACTION -LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1: Ground for divorce: irretrievable breakdown under § 3301(c) 3) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint. Service was made on August 17, 2001 by certified, restricted delivery mailed signed for by the Defendant. 3. (Complete either paragraph (a), or (b).) (a) Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by the Plaintiff: January 12, 2002; by the Defendant: January 12, 2002. (b) (1) Date of execution of the Plaintiffs Affidavit required by § 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: None. 5. (Complete either (a) or (b); (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and a copy of which is attached: (b) Date of execution of the Waiver of Notice of Intention to File Divorce Decree as required by § 3301(c) of the Divorce Code: by the Plaintiff: January 12, 2002; by the Defendant: January 12, 2002. Date: January 14, 2002 ~ _Tho~Diehl, Esq 're Attorney for Plaintiff ~. .. MELINDA A. BEARER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TODD J. BEARER, SR. • 01-4752 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, August 17, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 12, 2001 at 2:30 p.m. for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney Esq~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodafions available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717)249-3166 h~ir~~dn7ASn~r~~~.~ ~.ir.. ~i.a psi ,~~~'c~ v ~ ;1~W' i7 /~i~rj ~ (:~.:~ _' ~ _~ ~ lip i ~~; ~e~lE~aze9~ir .~ms* Imf+~a em.-.}~_ ~ _ _ -. -_ ~_irai~~ ~er«nMr,~t MELINDA A. BEARER, Plaintiff v. TODD J. BEARER, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- 117S~Z CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce` or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 MELINDA A. SEARER, Plaintiff v. TODD J. BEARER, SR., Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001- ~/7J`~~? CIVIL TERM CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Melinda A. Searer, through her attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Melinda A. Searer, is an adult individual who currently resides at 192 Birch Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Todd J. Searer, Sr., is an adult individual who currently resides at 268 Redwood Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September 25, 1998 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Melinda A. Searer, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. COUNT II-CUSTODY 10. Paragraphs 1 through 9 are incorporated herein by reference. 11. The Plaintiff is the natural mother of the children, Logan D. Searer, date of birth June 30, 1998; and Todd J. Searer, Jr., date of birth May 10, 1999. 12. The children were born in wedlock. 13. Since birth, the children have resided with the following persons at the following addresses for the following lengths of time: NAME Melinda A. Searer A17nRRSC 192 Birch Lane Carlisle, PA DATES May 12, 2001 to present Melinda A. Searer Todd J. Searer, Sr. 268 Redwood Lane Carlisle, PA Birth to May 12, 2001 14. The natural Mother of the children is the Plaintiff, who resides as foresaid. She is married. 15. The natural Father of the children is the Defendant, who resides as foresaid. He is married. 16. The relationship of the Defendant to the children is that of natural Father. The Defendant currently resides alone. 17. The relationship- of the Plaintiff to the children is that of natural Mother. The Plaintiff currently resides with the children. 18. The Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth. 19. The best interest and permanent welfare of the children will be best served by granting the relief requested as the Plaintiff is better suited to provide a stable environment to foster the children's well being. 20. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, the Plaintiff, Melinda A. Searer, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Date: ~~ V Respectfully submitted, 1 Tomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717)240-0833 (717) 240-0893 - FAx VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. MEL 1A A R, Plaintiff ~.. ~~ 1 ~ ~ /e~ ~. ~( V` "1 t ~ ~d~~ p' I ~~ ~;~_ ~+ ri' ~~' r - C1 ~. ~-" ,~ ~~, _~ It ;._ ~~ a _.n ~n ~, ,, ~1 ~. ,~ a> .,<; ;J~~~ y MELINDA A. BEARER, Plaintiff v. TODD J. BEARER, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-4752 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on August 10, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. ~/ Date: ~- ~~~ d~ /~~~Lu~c~~ ME INDA ARER, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Date: ~~-G~ ~ ~~. ME IND A, BEARER, Plaintiff ~, „ _ ~~.„ 4_T_] t ~ i~~i ..~J _..~ y °- ~.1; La . <__ ~ _` ~~_' c'z._ i'(` w ' l: i •.':.s'<,a. c{4~ -o En.. ian"7~.vFhl?q~.q`~i~.~R?imNif~6`d, is9 { MELINDA A. BEARER, Plaintiff v. TODD J. SEARER, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-4752 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on August 10, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. _~ ~. Date: i'I~, -~ ~~ . z-- TOD~Ia' . 3EARER, SR., Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Date: ('J 2 -~ l%- .. r. ODD EA R, SR.; Defendant ,~~ G Ci E'~ C. av ~' ~ ; ._.~ ..... J . ' ,- f . - W ~. r '~ .. _- ,?i,. - _. L. ti~ ~ _ _-7 -<; CJ MELIlVDA A. BEARER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.2001-4752 CIVIL TERM TODD J. BEARER, SR., :CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 20`h day of August 2001, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Melinda A. Searer, and states that he had cause to be mailed a certified copy of a Complaint in Divorce to the Defendant, Todd J. Searer, Sr., by certified, restricted delivery, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on August 17, 2001. Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717)240-0833 (717) 240-0893 - FAx Respectfully submitted, r CARtR5~P~7~1 ut Poetess s .50.57 ~ ~~. f~ CeNfletl Fee Retum Receipt Fee $1.50 .~ (Entlorsement Requiretl) ° ReselGted DelWery Fee 13.20 ~ (Entlareement Requlretl) ° rural Poar+oe a Faea $ 87.37 r` ~ sent ro ~ -- - T9~?A--~..-_SEAR~. ° Stieef, Ape. fJO.; or PO Box No. ° CIN. State, ZIP+9 r CART.TST.F... AA 1 ^ Complete items 1, 2, and 3. Also complete item 4 'lf Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the carol to you. ^ Attach this card to the back of the mailpiece, or on the Troll ifi space permits. 1. ANcle Addressed ro: TODD J. BEARER, SR. 268 REDWOOD LANE CARLISLE, PA 17013 E pR , U~°Here i 16 2~0~ ... . ..._ A ReceWed M (Please PAnt Cleedy) 8. Date of D Tai SP_nV'P~ $-~y C. Signature D. Is delivery address dlBerent tmm item t? ^ Yes If YES, enter delivery address below: ~( No 3. I4. ReY ...~y~' i i .'-_-~ 2. An{cle Number (Copy from servke IabeQ 7000 1670 0001 8795 7646 f PS Form 3$11, July 1999 Domestic Return Receipt mzssses-nt-nes .«~ ~-; d C. ,_ mn ~~~ u~ ,- : -- C. - - - C ~ - ' L~ -- i7 ` s 3 ~ c: Y' ~~ = "~^.r ~ _. .-._. .._ .... C7 Cn C m m ~ n n ' ~' _C s (n ~ ~ o = yCy (n ~ l V 7 (D ~ y (G ~ ~ O v - ~ C O ~ ~ y O$$ ~ ~ N ~ a N ~ y ~ N m N ~ N 7 N ~ n m ~ ~ N '~ ~ Q l/7 O O ~ lD N ~ 7 W N N N ~ O C ID n N ~ ~ r l ~ ~ ~ p N . -. i ~ N S tll O N.. ~ n n ~ ~ . N.. (D a ` ~ a a ~ O N ~ ~ m f N ^ y ~ '~ C m } ~ ~aa ~ ~ W t7 N p ~ 0 _ (D ~ ~ ~ 2 m~ C d .y.. 7 n O 7 a tDD y 7 y~ ~ O m p ~ ~ ~ a ~ ~ N ~ ~ m ~ v ~ ~ ~ D ~ m ~ '9 ~ ~ ~ m T ~~ o F ~ i! 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"' ~. _ I 1 _ _ 1 i - 1 2 j ... e p - ~ ~ ~ p fry , ~p ' o O 3 , 1 O3 ~. ~ a .~".. o f 'f N IQ 3 I w ~ ~ I p .`R :I 'Q C ~~ Q Q-~ 3 n ~ N ~ ry ~ `° c "C ~. ° 0 gi o . o ~ ~ 33 p n~ ~ ~ I ~~ ~ ~ i ` 3 4 g n~: Q ~ N ~ n , a: S - 3 m E ~.: N ' ' ~. { m O ~ o : iTi ,a. I m ~ (~I ~ . I ` I Q ' . f ~ K a ~ ~ W ' ' ~° I' J ~~ ~ ~ ~~i ~ ~ ~ i ~~. w~i~ - '~ ~~ \ ~ .'aC', l ~ JS ~ i ~i A S a, 3 I-tea ~ my '"'~Y ~ 3 pl p' p3 ~ srt-- ~ pp~N' 3 ~ J v ~n a ° 3Q u_ m m v o. '~ ~. '.f 7}0(p; e71 w p '~ - tC ~. w~ 3 ~ 3 O ~ ~ ~ ~ ~ 6 ro ~ ~ ~ m I o I ~ - ~ a °.I S.) f i a . ~ ~ ~ 3-~v k~3 li ~ ~ ~ o ~ o " I a°. ~ ~ ' '" a t s ~ ~_ Q n; ~ .°~ . ~'f ~' i 5 ! '~' q i ~ ~ ='.: I ~~ l ~ '~ ~ ~ ~ ° ra' A . ~~ _ d N I Ily : ' N W ~(,~ Q 1 "E <6 ~^. ~ f6 a i i1'le~rnda /q' • ~P. vs. 7or~ ~T G ~~r. In the Court of Common Pleas of Cumberland County, Pennsylvania To Prothonotary 19 ~ V! /t1l! Attorney for Plaintiff ~~ QF ,~~~~~r~;~~C;;A~y ~liit7 .1L~ Slr ~r''; ,~ilF~, r i Nn. ~ ~ ~~ ~ ~ Term, 19 VS. P~2;~,AEC~.~E 19 Atty. _ ..... -, wq~,+ee3ds~ Ym*p~rc'~s+~,~'.a,~r~n~awsranaa¢weew~~. ~~~,:r:, ,.~...., :,. x,:~c ,r ~.. u,,, R„aa _-s^.~miarexwaraar,= --. T. 4^ MELINDA A. BEARER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 01-4752 CIVIL TERM TODD J. SEARER, SR., Defendant IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 17th day of August, 2005, upon consideration of Defendant's Petition for Special Relief, and following an initial period of hearing, which has not yet been completed, the record shall remain open, and an additional hour for the balance of the hearing is scheduled for Thursday, August 18, 2005, at 11:00 a.m. It is noted that at the time of adjournment on today's date the Defendant had completed his case in chief with respect to the petition, and the Plaintiff was subjecting to direct examination the Plaintiff's mother. It is noted further that Plaintiff's Exhibits 1 and 2 had been identified and admitted. No other exhibit had been identified or admitted. By the Court, ~~~~ oPo. ". 4-- ~ ) ;. G7 ~ ;~ - {_ J._ ~ ~~ j a ~ w ~- ~, ' ~- - .~ ";-yu c~ a r, . ~ O ~ N ~ 7 C . r- ~~ ...._ . s Douglas G. Miller, Esquire W. Pomfret Professional Building 60 W. Pomfret Street Carlisle, PA 17013 For Plaintiff Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 For Defendant mae ~ ... ECEfVED SEP 14 2005 MELINDA A. SEARER, : I1V THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2001-4752 CIVIL TERM TODD J. BEARER, SR., :CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of S ~ , 2005, upon consideration of the attached Custody Conciliation Re ort, it is ordered and directed as follows: 1. The prior Orders of Court dated September 14, 2001 and August 18, 2005 shall remain in full force and effect with the following modifications. 2. Beginning September 16, 2005, Mother shall have partial physical custody of the children on alternating weekends from Friday at 5:30 p.m. to Sunday at 5:30 p.m. 3. Transportation shall be shared such that the parties shall meet at the McDonald's at the Somerset Interchange of the Pennsylvania Turnpike. 4. The parties shall have liberal telephone contact with the children. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the teens of this Order shall control. When a letter from a psychiatrist is obtained, Counsel for either party may contact the Conciliator to schedule another conference. cc: Jeffrey N. Yoffe, Esquire, Counsel for Douglas G, Miller, Esquire, Counsel for Father ..t.,~ , ° . iyvLa,.kuc~ ~i _ ! ro e tai' 6_ ^ d w. 'O~~ ~ _ ~ ~ ~ ~ ~ ~ ~~ ° ~ ~ •,- ~' ~~ ~idJ ~ ~ ~ © tT'J C N U .. MELINDA A. SEARER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :2001-4752 CIVIL TERM TODD J. SEARER, SR., :CIVIL ACTION -LAW Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTX RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent informafion concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Logan D. Searer June 30, 1998 Father Todd J. Searer, Jr. May 10, 1999 Father 2. A Conciliation Conference was held in this matter on September 13, 2005, with the following individuals in attendance: The Father, Todd J. Searer, Sr., with his counsel, Jeffrey N. Yoffie, Esquire and Mother, Melinda A. Searer, with her counsel, Douglas G. Miller, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated September 14, 2001 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody as agreed. Father filed a Petition for Special Relief following Mother's attempted suicide. Following hearing, the Court entered an Order of Court dated August 18, 2005 providing for Father to have physical custody pending the receipt of a letter from a psychiatrist. 4. The parties agreed to the entry )of an Order in the fo/rm a/s~attached. Date acq line M. Verney, Esquire Custody Conciliator RECEIVED "d~~1 G 7 2tld~ ~ ~~ MELINDA A. BEARER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW TODD J. BEARER, SR., : N0.2001-4752 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~_ day of ~ ~ "~ , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. / , of the Cumberland County Court House, on the~~ day of ~l~ , 200, at ~' 3a o'clock, ~. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a smnmary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Orders of Court are hereby vacated. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Todd J. Searer, Sr., and the Mother, Melinda A. Bearer shall have shared legal custody of Logan D. Bearer, born June 30, 1998 and Todd J. Searer, Jr born May 10, 1999. Each parent shall haue an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 4. Father shall have primary physical custody of the children. 5. Mother shall have the following periods of partial physical custody of the children: A. Alternating weekends from Friday at 5:30 p.m. to Sunday at 5:30 p.m. B. Such other times as the parties agree. ~scl cl ~1J.. ''lI ;~1~'~I'9 ~U ..~ i:,i, ~ryil V~~n~ { tr' r~Q~~~~z At7"C~~~IP~r~7~(it.,~iry ] ~~1~ r~'`~137L~N1 JO I~ ~«~W*a~~~~.~~.~~ ,:.;;.~ r,~a<~:; ~H~,Nr:ara~. -~~ q,~,,xb~?Fi~~ ~+~srn.: 6. Thanksgiving: Father shall have physical custody of the children on Thanksgiving Day unti15:30 p.m. Mother shall physical custody of the children from 5:30 p.m. until Sunday at 5:30 p.m. 7. Veterans Day: Mother shall have physical custody of the children on November 11, 2005 beginning at 10:30 a.m. 8. Christmas: Mother shall have physical custody of the children from Thursday, December 22, 2005 until December 28, 2005. Father shall have physical custody of the children from December 28, 2005 until the start of school. 9. Transportation shall be shared such that the parties shall meet at the Somerset Interchange of the Pennsylvania Turnpike Commission. 10. The parties shall have liberal telephone contact with the children. 11. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc~ffrey N. Yoffie, Esquire, counsel for Father ~ouglas G. Miller, Esquire, counsel for Mother ~~rtd-~~ YIG ~, ~~~9~a t1'-1-~ / ~~ `,~a BY THE COURT, •. .- RECEIVED Cd6V MELINDA A. SEARER, : I1V THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW TODD J. SEARER, SR., : N0.2001-4752 CIVIL TERM Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J, CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Logan D. Searer June 30, 1998 Father Todd J. Searer, Jr. May 10, 1999 Father 2. A telephone/e-mail Conciliation Conference was held October 3, 2005 and November 1, 2005 with the following individuals: counsel for Mother, Douglas G. Miller, Esquire, and counsel for Father, Jeffrey N. Yoffe, Esquire. 3. The Court previously entered an Order of Court on September 15, 2005 providing for shared legal custody, Father having primary physical custody and Mother having alternating weekends. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, with Father having alternating weekends, shared holidays and time in the summer. Mother maintains that her mental health has improved and she is capable of safely caring for the children. She had previously been the primary caregiver for the children. 5. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody with Mother having alternating weekends, shared holidays and time in the summer. Father asserts that the children have adapted to their new school and he is providing a loving caring environment for the children. Father U 71005 RECEIVED MAR 0 8 2Q"~ MELINDA A. LEESE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :2001- 4752 CIVIL TERM CIVIL ACTION -LAW TODD J. SEARER, SR., Defendant : IN CUSTODY ORDER OF COURT AND NOW, this l o (Z, day of Nl v c.~. , 2006, upon consideration of the attached Plaintiffls Motion to Compel Attendance, the Defendant is hereby directed to bring the parties' minor children to the custody hearing scheduled for March 2Q 2006, in Courtroom No. 1, at 9:30 a.m., Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. ~~ ~~~ BY THE COURT, ~; ~ ~ ~~' LI ~- C~ t-_ - C_J =`-' i_ ~_ - ' ~~ [ f ~,1 '~ itl W J~ ~~~ .. !~ c=% Li ~~~ ?fj P~ ~/ L MELINDA A. LEESE, Plaintiff v. TODD J. BEARER, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001- 4752 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY MOTION TO COMPEL ATTENDANCE OF MINOR CHILDREN AND NOW, this 8s' day of March, 2006, comes the Plaintiff, Melinda A. Leese, by and through her attorneys, Irwin & McKnight, and pursuant to Rule 1915.11 makes the following Motion to Compel Attendance of Minor Children, averring as follows: 1. Plaintiff is Melinda A. Leese, formerly known as Melinda A. Searer, an adult individual who resides at 318 Walnut Lane, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter "Mother"). 2. Defendant is Todd J. Bearer, Sr., an adult individual whose current mailing address and primary residence upon information and belief is 173 Morningside Court, Weirton, West Virginia (hereinafter "Father"). 3. The parties are the parents of two (2) minor children: Logan D. Searer (Date of birth, June 30, 1998, currently age 7), and Todd J. Searer, Jr. (Date of birth May 10, 1999, currently age 6). 4, Following Father's Petition for Special Relief and a hearing on August 17, 2005, and August 18, 2005, this Court issued an Order of Court on August 18, 2005, granting physical custody of the minor children to Father until such time as Mother "files of record a letter from a psychiatrist indicating that in his or her opinion Plaintiff's mental condition is such that she is capable of exercising physical custody over a child without significant physical danger to the child." 5. Mother did obtain a statement from her treating psychiatrist, Shiv Aggarwal, M.D., stating that Plaintiff was "not assessed to be suicidal or homicidal risk" at her evaluation on August 17, 2005. 6. The parties minor children were not present for the hearings held on Father's Petition for Special Relief. 7. Following a Conciliation Conference with the parties on September 13, 2005, and telephone and email conferences with the Custody Conciliator and legal counsel for the parties on October 3, 2005, and November 1, 2005, the parties were unable to resolve their mutual desires to have primary custody of the minor children. 8. Until the Court's Order of August 18, 2005, Mother was the primary caretaker and custodial parent of the minor children. 9. Father had not attended or participated in the original Conciliation Conference of September 12, 2001, resulting in the Order of Court of September 14, 2001, granting Mother primary physical custody. 10. Upon information and belief, it is the desire of the parties' minor children to return to Pennsylvania where the majority of their paternal and maternal relatives reside, and where they were raised and attended school prior to August 2005. 2 11. While the wishes of the minor children aze not controlling, the appellate courts of Pennsylvania have recognized that "those wishes do constitute an important factor that must be carefully considered in determining the child's best interests," taking into account the reasons, age, maturity and intelligence of the children. Bovard v. Baker, 2001 Pa. Super. 126, 775 A.2d 835, 840 (2001) (emphasis in original). 12. Furthermore, where both parents are equally loving and capable, the Superior Court had held that it is an abuse of discretion for a trial court not to interview or allow testimony from minor children in order to consider their preferences with due regazd for the reasons expressed, level of maturity, and intelligence. Id. 775 A.2d at 841. 13. Mother therefore requests that the parties' minor children be made available for the scheduled hearing so that their expressed preferences may be considered in light of their reasons, level of maturity, and intelligence. WHEREFORE, the Plaintiff, Melinda A. Leese, respectfully requests this Honorable Court to enter an Order directing the Defendant to bring the parties' minor children to the custody hearing scheduled for March 20, 2006, in Cumberland County Courtroom No. 1. Respectfully submitted, IRWIN & McI{NIGHT By: o Douglas G. Tiller, Esquii e Supreme Court I.D. No: 83776 60 West Pomfret Street Cazlisle, Pennsylvania 17013-3222 717-249-2353 Date: Mazch 8, 2006 Attorney for Plaintiff 3 The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. MELINDA A. LEES Date: ~ ~~~~ ~~~ MELINDA A. LEESE, Plaintiff vi. TODD J. BEARER, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 20(11- 4752 CIVIL TERM CIVII. ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, hereby certify that a copy of attached Motion was served upon the following both by facsimile and by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: JEFFREY N. YOFFE, ESQUIRE 214 SENATE AVNEUE SUITE 404 CAMP ]HILL, PA 17011 IRWIN & McKNIGHT Douglas Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717)249-2353 Attorney for Plaintiff Date: Mazch 8, 2006 ti~ __ _ ~ ~l __! ~l3 fi' 1 CJ _ L a -~ ~~ -:il _i -~ F~'~' MELINDA A. SEARER (LEESE): Plaintiff v TODD J. SEARER, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001-4752 CIVIL TERM IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 20th day of March, 2006, upon consideration of the Defendant's Petition for Special Relief with respect to the parties' children, Logan D. Searer (date of birth June 30, 1998) and Todd J. Searer, Jr., (date of birth May 10, 1999), and following a further hearing held at Plaintiff's request, the record is declared closed, and the matter is taken under advisement. By the Court, ,~ouglas G. Miller, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 For Plaintiff ~ffrey N. Yoffe, Esquire 214 Senate Avenue Suite 203 Camp Hi11, PA 17011 For Defendant ~W i i ~~v :mae ~r~j.,,~,,~~1?i,~ 111,:~~ ~U_'_i,ti~4~1!9 ~~y9 ~ MELINDA A. BEARER IN THE COURT OF COMMON PLEAS OF (LEESE), Ci_1NIBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW TODD J. BEARER, SR., Defendant NO.O1-4752 CIVIL TERM ORDER OF COURT AND NOW, this 12a' day of April, 2006, upon consideration of Defendant°s Petition for Special Relief with respect to the parties' children, Logan D. Searer (d.o.b. June 30, 1998) and Todd J. Bearer, Jr. (d.o.b. May 10, 1999), and following a further hearing held at Plaintiff s request based upon a letter from Shiv Aggarwal, M.D., dated September 14, 2005, indicating that Plaintiff "was not assessed to be [a] suicidal or homicidal risk," but had a diagnosis of "panic disorder and agoraphobia" and was taking certain medications, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties; 2. Primary physical custody shall be in Plaintiff, the mother; 3. Temporary or partial physical custody shall be in Defendant, the father, at the following times: a. During the school year, (1) On alternating weekends, from Friday at 5:30 p.m. to Sunday at 5:30 p.m.; (2) From Christmas Day at 4:00 p.m. until December 31 at 4:00 p.m.; (3) On alternating Thanksgivings, from Thanksgiving Day at 4:00 p.m. until the following Sunday at 5:30 p.m.; (4) During summer vacation, for three weeks out of every four. _~„. 4. Exchanges of custody shall take place at Somerset, Pennsylvania. 5. The changes in custodial arrangements made by this order shall become effective upon completion of the present school year. NOTHING HEREIN is intended to preclude the parties from varying the custodial terms of this order by mutual agreement. BY THE COURT, %~ J esley O1 ., J. ~ouglas G. Miller, Esq. West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff ~effrey N. Yoffe, Esq. `` 214 Senate Avenue `~ Suite 203 Camp Hill, PA 17011 Attorney for Defendant :rc ~~~" oe ~a3 >~~. .. miAb €.. ~} N o• T3 - z ~~ _ ~ __ -,~ ~_ - ti -,~,. -~ , i <<~ _--~ _-_ ~'-~ ~~' C i _- - ~ ~~ I _~ :'.~ f p ~'.~ R,3 ""~ ~~