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HomeMy WebLinkAbout99-07027 .? 3 h 3 ?I 4 o i1? AHMED D. DARWICHE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO, 4/?. 71)?)7 CIVIL TERM SHARON Y. DARWICHE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this - 09 day of Y? m?r 1999 , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before I Esquire, the conciliator, at 3a t?L?t1 tC??(Q\ CS`t??q Pennsylvania, on the day of , )CM,at o'clockq.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, BY aJ 5n1 Ln ? kjPt?? ?t 1-?l Ql? . Custody Conciliator V {??) 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, PA 17013 (717) 249-3166 - ?? ,:'f err /J-(o girl AHMED D. DARWICHE, Plaintiff VS. SHARON Y. DARWICHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. t?'?. '70-2 7 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, AHMED D. DARWICHE, by his attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is AHMED D. DARWICHE, an adult individual who resides at 2205 Spring Run Drive in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is SHARON Y. DARWICHE, an adult individual who resides at 100 Darr Avenue in Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife, having been married on 29 December 1985 and separated in April of 1995. 4. The Plaintiff and Defendant are the natural parents of two minor children, Chad E. Darwiche, born 10 February 1987 and Tarah M. Darwiche, born 25 July 1989. 5. Plaintiff seeks custody of the minor children, Chad E. Darwiche and Tarah M. Darwiche. 6. The children were not born out of wedlock and are presently in the joint custody lof the Plaintiff and Defendant. 7. During the past five years, the minor children have resided with the following persons at the following addresses: 1994 through April 1995 100 Darr Avenue Carlisle, PA 17013 April 1995 to April 1998 100 Darr Avenue Carlisle, PA 17013 in a shared custody arrangement with Plaintiff and Defendant whereby the children spent most nights with the Defendant at 100 Darr Avenue April 1998 to the present 2205 Spring Run Drive in the primary physical Mechanicsburg, PA custody of the Plaintiff 8. The father of the children is the Plaintiff who resides at the address set out above. He is married to the Defendant. 9. The mother of the children is the Defendant who resides at the address set out above. She is married to the Plaintiff. 10. The Plaintiff is the natural father of the children. Plaintiff currently resides with the children. 11. The Defendant is the natural mother of the children. Defendant currently resides alone. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights with the said children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. The Defendant is not able to properly provide for the children and to meet their physical, emotional and other needs; and B. Because of emotional and other problems, the Defendant is not a proper role model or parent for the children; and C. The Plaintiff is better able to provide for the children's needs; and D. The Plaintiff has been the primary custodial parent for much of the time since the parties separation; and E. The children prefer to live with Plaintiff. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests this Court to grant him custody of the children, Chad E. Darwiche and Tarah M. Darwiche. `? Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 COMMONWEALTH OF PENNSYLVANIA 1 1 SS.: COUNTY OF CUMBERLAND 1 AHMED D. DARWICHE, being duly sworn according to law, deposes and says that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information, and belief. AHMED D. DARWICHE Sworn to and subscribed before me this 12?^ day of 1999. Notar Public. Nt5Y1V?l.82Ai AWKR069J ,NotripPM LewmMnBon%W*yhr-4CrA ,PA /?hmcc? n 111) 11C?e- : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, : PENNSYLVANIA V. CIVIL ACTION LAW Defendant ; NO.16?1 CIVIL 19 q q CUSTODY VISITATION ORDER OF COURT And now, this ?)WAM, upon consideration of the attached co plaint, it is hereby directed that the above parties and their respective counsel appear before G ^N15n?? Esquire, the conciliator, at 3R MGu 1? ?- U Pennsylvania, on the -l day of Mn f C,h 2000, at _L_ . / P.M., for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By; rl?vY? ! Ofnl`?_ Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 cJ •c?j.?Q ?(LroCG, o?r.?? .??iru.?ial ? asLC? ?'?''R?tty ?Qn ?/,w,?. ?? CZ,?o c?tac a<c??`?+arx?r-/?Fx?,,.? ? c?i?v!(Qy r-° AHMED D. DARWICHE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7027 CIVIL TERM SHARON Y. DARWICHE, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 15- t"' day of M y 64 , 2000, upon consideration of the attached custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Children and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by Guidance Associates. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Children. The parties agree that each party shall be responsible to pay one-half of the costs of the evaluation. However, the Mother reserves the right to Petition the Court to order a contribution from the Father in excess of his fifty percent (50%) share. 2. The Father, Ahmed D_ Darwiche, and the Mother, Sharon Y. Darwiche, shall have shared legal custody of Chad E. Darwiche, born February 10, 1987, and Tarah M. Darwiche, born July 25, 1989. Each parent shall have 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. 3. Pending further Order of Court or agreement of the parties, the Father shall have primary physical custody of the Children. The Mother shall have partial physical custody of the Children on alternating weekends from Friday after school through Sunday at 7:00 p.m., beginning March 17, 2000. During weeks following the Father's weekend period of custody, the Mother shall also have custody of the Children from Tuesday after school through Wednesday morning before school. The Mother shall have custody at any other times arranged by agreement of the parties. 4. Neither the parties nor the members of the parties' households shall drink alcohol when the Children are present or immediately before periods of custody with the Children. The Mother shall not have alcohol in her residence. 5. Neither the parties nor the members of the parties' households shall smoke in the presence of the Children. PLED, I G F'ii 2: P11 r VUf a• 6. Upon completion of the custody evaluation, and in the event the parties are not at that time able to reach an agreement as to ongoing custody arrangements, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. BY THE COURT, J ,?. 0 cc: Samuel L. Andes, Esquire - Counsel for Father Mary A. Dissinger, Esquire - Counsel for Mother AHMED D. DARWICHE, Plaintiff VS. SHARON Y. DARWICHE, Defendant PRIOR JUDGE: J. Wesley Wert Jr. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7027 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Chad E. Darwiche February 10, 1987 Father Tarah M. Darwiche July 25, 1989 Father 2. A Conciliation Conference was held on March 7, 20001 with the following individuals in attendance: The Father, Ahmed D. Darwiche, with his counsel, Samuel L. Andes, Esquire, and the Mother, Sharon Y. Darwiche, with her counsel, Mary A. Dissinger, Esquire. 3. The parties agreed to entry of an order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator 1 LAURI KAY CROCHUNIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA VS. : NO.. 99-7037 ROBERT WALTER CROCHUNIS, : CIVIL ACTION-LAW Defendant ORDER OF COURT AND NOW, this 07? day of ?72 4C-La- 2003, upon consideration of the foregoing Petition for Contempt and Special Relief, a hearing is scheduled for the ? day of 2003, at 9;30.%1 .M., Courtroom No. Cumberland County Courthouse, Carlisle, Pennsylvania. Distribution: John W. Purcell, Jr., Esq., 1719 N. Front St., Harrisburg, PA 17102 Lauri K. Crochunis, pro se, 1209 Doubling Gap Road, Nevvville, PA 17241 s' ai-o?sn BY THE COURT, I_ LAURI KAY CROCHUNIS, Plaintiff VS. ROBERT WALTER CROCHUNIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.. 99-7037 CIVIL ACTION-LAW PETITION FOR CONTEMPT AND SPECIAL RELIEF 1. The Petitioner is Robert Walter Crochunis the Defendant in the above captioned matter. 2. The Respondent is Lauri Kay Crochunis the Plaintiff in the above captioned matter. 3. The Defendant filed a Petition on January 14, 2002 for contempt and to modify a Marital Settlement Agreement, and after hearing before the Court, the Court entered an Order dated April 17, 2002, a copy of which is attached hereto and made a part hereof. 4. Pursuant to the terms of the Order, the Plaintiff was required to cooperate in the sale of the real estate, with the Defendant continuing to pay the mortgage, for which he would be ultimately reimbursed out of the sale from the Plaintiff's portion of the net proceeds. Furthermore, the Plaintiff was enjoined from interfering with the showing of the property by the realtors, or imposing any preconditions on the same. 5. The realtors who testified at the first hearing, have since refused to be involved in the ultimate sale of the property, as a result of the conduct of the Plaintiff. 6. The Defendant and Plaintiff were forced to find other realtors who were willing to list and show the property for sale. 7. The Defendant and Plaintiff had retained two separate realtors since the date of the last hearing, Vince Mellott at B & H Agency in Carlisle, PA, and Patrick Smith at Homestead Group in Camp Hill, PA. 8. During the past year, the Defendant has continued to have problems showing the property, as the Plaintiff continues to insist that some showings not occur, while others occur only under her own conditions. 9. The Plaintiff has been responsible for upkeep and maintenance of the property. She has failed to do so and the home is depreciating quickly in value because of it. Both inside and outside of the home are cluttered with her possessions and the realtors have said this must change, as the property shows very poorly when she does allow showings to occur. 10. Both realtors are of the present opinion that the property will never sell as long as the Plaintiff continues to reside in the property, especially if she continues to reside there with Brian Flinchbaugh, who has continued to threaten both the Defendant, and potential purchasers, verbally and with his presence. 11. At one point in time in October of last year, an offer was made on the house for $300,000.00. While the Defendant was willing to accept the offer, the Plaintiff insisted on making a counteroffer of $325,000.00, which Defendant reluctantly agreed to do. In the process by Buyers decided not to purchase the property. 12. Based on the Defendant continuing to make the mortgage payments in accordance with the Court's Order of April 17, 2002, and on the assumption of a sale price of $300,000.00, the Plaintiff is now "out of equity" in that she will receive no funds from the sale of the premises, regardless of her input. 13. There is no logical or legitimate reason for Plaintiff to continue to reside in the property in which she has no financial interest or stake, and which is continuing to remain a drain on the finances of the Defendant, while at the same time continuing to impede the sale of the property. 14. The Defendant has been patient for the past year in attempting to sell the property, but the Plaintiff has not been cooperative, and continues to reside with a man in violation of the Marital Settlement Agreement, a man who continues to impede the sale of the property. 15. Based on the foregoing, the Defendant believes, as do his realtors, that the property will sell quicker if the house is vacated by the Plaintiff, her possessions and her paramour immediately, and the Defendant is allowed to put it in saleable condition. WHEREFORE, the Defendant requests this Honorable Court to schedule a hearing, and thereafter, to hold the Plaintiff in further contempt of Court, and to order the immediate vacation of the Plaintiff, her possessions and her paramour, Brian Flinchbaugh, from the premises, granting sole possession and ownership of the property to the Defendant, and to further allow the Defendant to transfer the property to any buyer without the signature of the Plaintiff. Respectfully submitted, PURCELL, KRUG & HALLER BY Jo W'Parsell, Jr. I. . 29955 1719 9 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAURIE KAY CROCHUNIS, Plaintiff/Respondent VS. ROBERT WALTER CROCHUNIS, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7037 CIVIL CIVIL ACTION - LAW IN RE: PETITION FOR CONTEMPT ORDER AND NOW, this /7' day of April, 2002, alter hearing, the court finding that the plaintiff/respondent is in contempt of the marital settlement order in this case, she is thus adjudged. Specifically, the court finds that she has obstructed the sale of the marital real estate forcing the petitioncr/defendant to continue to pay the expenses of maintaining the home for the benefit of the respondent in excess of the time frame contemplated by either party. An adjudication of contempt and the imposition of sanctions, including attorneys fees is deferred on the following terms and conditions: 1. The defendant/petitioner is absolved from any continuing obligation to pay the costs and expenses of maintaining the marital home pending its sale. Any mortgage payments made after May 1, 2002, which are paid to prevent foreclosure, shall be reimbursed to the defendant/petitioncr at the time of the ultimate sale of the real estate as a cost thereof and prior to the division of the proceeds. 2. The plaintiff/respondent is ordered and directed to execute any and all documents necessary to list the property for sale at a price not less than $325,000. She is enjoined from rejecting any reasonable offer made. She is further enjoined from interfering in any way whatsoever with the view of the premises by prospective purchasers including the setting of preconditions of any kind. The plaintiff/respondent may avoid the installation of a "lock box" by assuring her presence at the real estate at such times as it is viewed by prospective purchasers but, in no event, shall she interfere with the show of the real estate by the real estate agent. 3. The defendant/petitioner shall be permitted to enter onto the marital property with not less than fourteen (14) days notice for the purpose of retrieving his personal property which is the subject of these proceedings. He may enter upon the premises of time marital property at any reasonable time %vith reasonable notice for reasons having to do with the sale of tite real estate. BY THE COURT, Laurie Kay Crochunis Pro Se Plaintiff/Respondent John W. Purcell, Jr. Esquire For the Defendant/Petitioner :rlm X.• At." Kevi A. Hess, J. TRUE COPY FR,'M WORD In Testimony v.lhcrcof, I hire urJa set my had and to seal of said Curt AJ Qt1i3le, Pd, VERIFICATION I verify that the statements made in the foregoing Petition for Contempt and Special Relief 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. Dated: S 2403 96BERT WALTER CR HUNIS ?'. ??- (?? ;.. L. r ._J _.. ?"? LI y `?