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HomeMy WebLinkAbout09-2996IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN RICKABAUGH, Plaintiff V. . CIVIL ACTION SCOTT MATTHEWS, CUSTODY Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Shawn Rickabaugh who currently resides at 889 Grahams Woods Road, which is in Cumberland County, Pennsylvania. 2. The defendant is Scott Matthews who currently resides at 630 Bridgeport Road, Landisburg, Pennsylvania, which is in Perry County, Pennsylvania. 3. The plaintiff is seeking custody of the following children: Name Residence Aye Lacee M. Matthews 889 Grahams Woods Road, Carlisle 17 (DOB-5/5/1992) Dakota S. Matthews 889 Grahams Woods Road, Carlisle 15 (DOB -6/15/94) 3 During the past five years, the children has resided with the following persons and at the following addresses: (List all Persons) (List all Addresses) (Dates) Shawn Rickabaugh 889 Grahams Woods Road 5/2/09 - present Shawn and Kimberly 889 Grahams Woods Road (for over five Rickabaugh years) The mother of the children was Kimberly Rickabaugh. Kimberly passed away on May 2, 2009. The father of the children is Scott Matthews, currently residing at 630 Bridgeport Road, Landisburg, Pennsylvania. He is married. 4. The relationship of plaintiff to the children is that of step-father. The plaintiff is seeking for this court to grant him standing and recognize him as acting in loco parentis as he has acted as the natural parent to the children since fall of 1998. The plaintiff currently resides with the following persons other than children: No one. 4 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons other than the children: His wife, Jill, and minor children Amber and Chelsea. 6. Plaintiff has not participated as a party or witness or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. There was a previous claim for custody brought as part of the divorce proceedings between Scott and Kimberly Matthews. Scott Matthews voluntarily withdrew his custody petition before an Order regarding custody was issued. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. A Petition for Special Relief regarding the custody and living situation of the children is being filed contemporaneously with this custody complaint. 5 . « 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff has continuously for over eight years performed parental responsibilities for the children and is willing and able to continue to act in the best interest of the children. Plaintiff is in the best position to provide the care and nurture which the children need for healthy development. Plaintiff has arranged for the children to attend grief counseling to help to deal with the recent death of their mother. It is the will and desire of the children to live with the plaintiff, to continue in their house, going to their school and in their daily living routines to which they had become accustomed while their mother was alive. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, plaintiff requests the court to grant him custody of the minor children. mSl`ieri D. Coover, Esquire Attorney ID 92385 44 S. Hanover Street Carlisle, PA 17013 6 I . 1? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN RICKABAUGH, CIVIL ACTION Plaintiff V. SCOTT MATTHEWS, CUSTODY Defendant VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. awn Rickabau Date: 5 - ?2 w(39 7 J . FILED,yiliCr: OF TH:, 2009 MAY 12 Pty 3: 41 DDUNTY 16 r. 110,,-? - a4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN RICKABAUGH, Plaintiff V. SCOTT MATTHEWS, Defendant CIVIL ACTION D q- a 9 9L 6. ,f 7-4..,. CUSTODY PETITION FOR SPECIAL RELIEF AND NOW COMES, Plaintiff Shawn Rickabaugh, by and through his attorney, Sheri D. Coover, Esquire and files the following Petition for Special Relief and in support of that petition avers as follows: 1. Plaintiff has resided with the minor children Dakota S. Matthews (DOB 6-15-1994) and Lacee M. Matthews (DOB (5-5-1992) since 1998. 2. Plaintiff married the minor children's mother on August 23, 2001. 3. The father of Dakota and Lacee is Scott Matthews from whom Kimberly was divorced. 4. Since the time of their marriage, the Plaintiff established a strong parental bond with the minor children, Dakota and Lacee and actively participated in their lives including: 2 a. Plaintiff assisted children with their school work, volunteered at school events and helped the children with homework and projects; b. Plaintiff recently went with Lacee to tour college campuses in preparation for her planning her goals after graduation from high school in June of 2010; C. Plaintiff helped Lacee to sign up to take a class at Harrisburg Area Community College to obtain her CNA during the summer of 2009; d. Plaintiff coached Dakota's football for four years and baseball teams for seven years and volunteered to assist with Dakota's wrestling teams; e. Plaintiff attended Lacee's field hockey games; f. Plaintiff is in the process of helping Lacee prepare to attend her prom; g. Plaintiff has provided the children with food and clothing including helping the children to pick out outfits to wear to their mother's funeral; and h. Plaintiff provided care and nurture for the minor children while residing in his household. 5. In all respects, with the blessings and agreement of the children's mother, the Plaintiff has acted as a parent to the minor children from the time that they moved into his household until the present. 3 6. The children have thrived in the custody and care of their mother and step-father (the Plaintiff) in that they do very well in that they have regularly received good grades, have good attendance records at school and excel at extra-curricular activities. 7. The children have heavy ties to their home and their community including: a. The children have attended school in the Big Spring School District all of their lives; b. The children are involved in sporting events including Dakota currently playing baseball with the Newville Little League; c. Lacee has a job at Green Ridge Village which is approximately seven miles from the residence she shares with the Plaintiff; d. The children have developed relationships and strong ties with the people who live in their community. 8. The children's mother and father (defendant Scott Matthews) reached an agreement whereby the minor children would visit with the father when the children wished and when it was suitable to the schedules of the parents.' 1 The Defendant had filed a claim for custody as part of the divorce proceedings. The Defendant voluntarily withdrew the claim for custody prior to a hearing being held on the issue of custody and prior to a custody order being entered. 4 9. On May 2, 2009, the children's mother unexpectedly passed away. 10. Almost from the time of their mother's death, the Defendant has made statements to the children that the Plaintiff is no longer their step- dad and that the children are to pack their things and to move to his home. 11. Moving to the defendant's home would require that the children move to a different school district and leave all of the friends and ties that they have established with the community in which they have resided for the majority of their lives. 12. Although the children are still grieving the death of their mother and have consistently expressed to the Defendant and others that they want to continue to live with the Plaintiff, the Defendant has consistently made demands on the children that they are moving with him despite their wishes. 13. At their mother's viewing, the Defendant told the children that they were coming to live with him and that he did not want to hear anything more about it, dismissing their feelings and desires, although it was evident that the children were upset with dealing with their mother's unexpected death. 5 14. The Defendant has called the children before school they are to attend school in the morning and expressed his demand that they pack their things and move. 15. The demands by the Defendant have made the children so upset that they are crying at school and unable to concentrate on their studies. 16. The Defendant is not looking out for the best interest of the children in that he is consistently expressing his desires and demands instead of trying to work out an arrangement that would allow them to grieve the death of their mother in an environment in which they are comfortable is making them emotionally upset. 17. The Plaintiff has made arrangements for the children to attend grief counseling with his work 18. While the Plaintiff is not the children's natural father, he is requesting that this Honorable Court grant him standing in that he has acted as a natural parent to the children. Such a finding is supported by case law in that the Superior Court of Pennsylvania has stated: "The in loco parentis basis for standing recognizes that the need to guard the family from intrusions by third parties and to protect the rights of the natural parent must be tempered by the paramount need to protect the child's best interest. Thus, while it is presumed that a child's best interest is served by maintaining the family's privacy and autonomy, that presumption must give way where the child 6 has established strong psychological bonds with a person who, although not a biological parent, has lived with the child and provided care, nurture, and affection, assuming in the child's eye a stature like that of a parent. Where such a relationship is shown, our courts recognize that the child's best interest requires that the third party be granted standing so as to have the opportunity to litigate fully the issue of whether that relationship should be maintained even over a natural parent's objections." Morgan v. Weiser, 923 A.2d 1183 (Pa.Super. 2007) (citing Liebner v. Simcox, 834 A.2d 606, 609 (Pa. Super 2003). 19. Plaintiff is not seeking to exclude the Defendant from having a relationship with the children or exercising periods of custody with the children, but would like primary physical custody of the children to allow them to continue to live with him, attend the same school they have attended all of their lives and maintain the relationships and atmosphere in which they have become accustomed and thrived. 20. Plaintiff is simultaneously filing a custody petition at the same time as this petition. 7 WHEREFORE, Plaintiff respectfully requests that this Court enter an order granting him primary physical custody of the minor children, Lacee M. and Dakota S. Matthews. Coover, Esquire ID 93285 44 S. Hanover Street Carlisle, PA 17013 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN RICKABAUGH, CIVIL ACTION Plaintiff V. SCOTT MATTHEWS, CUSTODY Defendant VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: 5-1Z Zoo9 Shawn Rickab 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN RICKABAUGH, CIVIL ACTION Plaintiff V. SCOTT MATTHEWS, CUSTODY Defendant CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 12th day of May, 2009, I caused the foregoing PETITION FOR SPECIAL RELIEF, to be served upon the defendant by United States First Class mail and certified mail addressed as follows: Scott Matthews 630 Bridgeport Road Landisburg, PA 17040 Wri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 10 FILED-OFFICE OF THE- P"CITF IONOTARY 2009 MAY 12 PM 3= 47 W, p0"? " a4 4 *-/e/ Air IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN RICKABAUGH, CIVIL ACTION Plaintiff V. JUDGE HESS SCOTT MATTHEWS, CUSTODY `Defendant AMENDED PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff Shawn Rickabaugh, by and through his attorney, Sheri D. Coover, Esquire and files this AMENDED PETITION FOR SPECIAL RELIEF, and in support thereof avers as follows: 1. On May 12, 2009, above-mentioned Plaintiff filed a Custody Complaint and Petition for Special Relief for the minor children, Dakota and Lacee Matthews. Court Administration informed undersigned counsel that the matter has been assigned to Judge Hess and at the time of the filing of this Amended Petition for Special Relief the status of that Petition is unknown. 2. The Petition for Special Relief averred that the mother of the minor children passed away on May 2, 2009 and that their father, Defendant Scott Matthews was insisting that the children leave the residence where 2 they were living with their step-father and immediately move with him to a separate school district. 3. The Petition for Special Relief further averred that the teenage children have consistently expressed that it is their will and desire to continue to live in the residence with step-father with whom they have resided since 1998. 4. The children, who are still expressing grief from the recent death of their mother, are very upset about being also removed from the home of their step-father with whom they have developed very close bonds as expanded upon in the Petition for Special Relief. 5. On the morning of Friday, May 15, 2009, Defendant Scott Matthews showed up at the Big Spring High School, where the children attend school, and informed the administration that it is his intention to remove the children from school at the end of that date. 6. Lacee Matthews was so distraught by her father showing up at the school that she immediately left the building and is fearful to return to school due to fear that she will be forced to leave with her father. 7. Undersigned counsel personally spoke to Big Spring Principal John Scudder who said that the School District would allow the children to finish this school year at that school and that Lacee would be allowed to 3 attend her senior year there also, but that Dakota would have to transfer schools. 8. Principal Scudder has expressed to undersigned counsel that if he does not have an Order granting custody to the Plaintiff today, he feels that he is forced to allow the Defendant to remove the children from school today (May 15, 2009). 9. It is unknown to undersigned counsel and it is not clear from the conversation that counsel had with Principal Scudder whether it is the intention of the Defendant to allow the children to finish this school year at the Big Spring School District. 10. Plaintiff has signed the children up to attend counseling to deal with their mother's death. 11. The children are overwhelmed at this point as to the turbulence in their lives and would benefit from maintaining the status quo, to the extent possible, of the lives in which they were living prior to their mother's death. 12. It is in the best interest of the minor children to have a temporary Order issued granting physical custody of the children to the Plaintiff until a conciliation conference or further proceedings can be held. Presumably during this time period, the children would obtain counseling to 4 deal with their grief and to be able to express and address custody arrangements with the Defendant, which had never been done previously. 13. A temporary custody Order as described in paragraph 12 would allow the children, especially Lacee, to be able to attend school without fear of being up-rooted from her home. 14. The grant of a temporary custody Order as described in paragraph 12 will not prejudice the Defendant who will still have the right to pursue custody of the minor children. 15. Undersigned counsel has not spoken to the Defendant or been informed that he has counsel, but from his actions of showing up with the school to remove the children, it is assumed that he does not concur in this Petition . 16. It is not the intention of the Plaintiff to withhold the children from spending time, including over-nights with the Defendant, who has never had a custody Order involving the children, but would like to do so in a way that takes into account the best interest of the children and is not upsetting and overwhelming to them such as disrupting them at school. 5 WHEREFORE, Plaintiff respectfully prays that this Court grant him relief and issue a temporary Order granting him temporary physical custody of the minor children until further proceedings on the custody action have been accomplished. Respectfully submitted, . Coover, Esquire Carlisle, PA 17013 6 Attorney ID 93285 44 S. Hanover Street IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN RICKABAUGH, Plaintiff V. SCOTT MATTHEWS, Defendant CIVIL ACTION JUDGE HESS CUSTODY ATTORNEY VERIFICATION 1, Sheri D. Coover, Esquire personally spoke to Big Spring High School Principal John Scudder and with the Plaintiff. The averments made in this petition are true and correct from information obtained from these sources to the best of my information, knowledge and belief. It is understood that any false statements contained herein are subject to the penalties of perjury under Pennsylvania and U.S. Federal Law. submitted, She. D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN RICKABAUGH, CIVIL ACTION Plaintiff V. JUDGE HESS SCOTT MATTHEWS, CUSTODY Defendant CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 15t` day of May, 2009, I caused the foregoing AMENDED PETITION FOR SPECIAL RELIEF to be served upon Defendant by United States First Class mail addressed as follows: Scott Matthews 630 Bridgeport Road Landisburg, PA 17042 submitted, Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 8 FILED-0i ' "yy l4_/ OF THE t?G^? 1_'In.,d rAPY 2009 MAY 15 Ark 94 4 9 L+L+I? i.- t ' W i yr SHAWN RICKABAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT MATTHEWS DEFENDANT 2009-2996 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 13, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 23, 2009 at 2:30 PM 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. 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/ john j. Mangan, jh, 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 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 FUD-f- rFICE OF THE f "i"TARY 2009 MAY 14 PM 2: 47 '00 ire any ?`?"' MAY 13 2009 y 0-? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN RICKABAUGH, CIVIL ACTION Plaintiff SCOTT MATTHEWS, CUSTODY Defendant ORDER AND NOW, this ij day of tlnaY , 2009, upon consideration of Plaintiff's Petition for Special Relief, it is hereby ordered that the Plaintiff be granted primary physical custody of the minor children, Lacee M. Matthews and Dakota S. Matthews, OR, IN THE ALTERNATIVE A hearing on the issues raised in the Plaintiff's Petition for Special Relief be scheduled for , 2009 at .m. in Courtroom No. in the Cumberland County Courthouse. DISTRIBUTION LIST: Sheri D. Coover, Esquire (for Plaintiff) - 1 Fns cto '=-L 44 S. Hanover Street, Carlisle, PA 17013 Scott Matthews (Pofendant) - Mw LsxL `10y 630 Bridgeport Road, Landisburg, PA 17042 cjt•ust-') J. -t//s/of ??i?? t._- ?? ???? fti ?;?l??yF l? ` he` ,. :.1 ?. ?. ? J l_L l J? ... ?,,?, - . AUG 13 2009 ~ SHAWN RICKABAUGH, Plaintiff v. SCOTT MATTHEWS, Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-2996 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this `3 ~ day of August 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders entered in this matter are hereby VACATED and replaced with the instant Order. 2. Legal Custodv: The Step-Father, Shawn Rickabaugh, and the Father, Scott Matthews, shall have shared legal custody of Lacee M. Matthews, born 05/05/1992 and Dakota S. Matthews, born 06/15/1994. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. 3. Physical Custodv: Step-Father and Father shall arrange physical custody of the Children as follows: a. During the school year, Step-Father shall have primary physical custody and Father shall have alternating weekends with additional periods of custody as the parties agree. b. During the summertime, the parties shall share physical custody of the Children as the parties may agree. c. Holidays with the Children shall be shared and arranged between the parties as the parties may mutually agree. d. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 4. The non-custodial party shall have liberal telephone/email/texting contact with the Children on a reasonable basis. 5. In the event the custodial party should take the Children out of state, the custodial party shall notify the non-custodial party within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other party in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. This Order is entered pursuant to a Custody Conciliation Conference. 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. By the Court, Distribution: n Coover, Esquire cus McKnight, III, Esquire J. Mangan, Esquire J SHAWN RICKABAUGH, Plaintiff v. SCOTT MATTHEWS, Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, 09-2996 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custod~f Lacee M. Matthews 05/05/1992 Step-Father Dakota S. Matthews 06/15/1994 Step-Father 2. An Order was entered May 15, 2009 pursuant to a petition for special relief. A Conciliation Conference was held with regard to this matter on July 07, 2009 with the following individuals in attendance: The Step-Father, Shawn Rickabaugh, with his counsel, Sheri Coover, Esq. The Father, Scott Matthews, with his counsel, Marcus McKnight, III, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ~ ~~~ Date John J gan, Esquire Cust dy onciliator f'f`~'r ~~~~~ ~~ auc ~ a an ~ ss ~~v ~ 4 ~ f fE8 l ~°LUIU~, SHAWN RICKABAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~' CIVIL ACTION -LAW . N0.2009 - 2996 CIVIL TERM SCOTT MATTHEWS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2 ~ `day of 2010, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. ~ Sheri Coover, Esq. Attorney for Plaintiff M`/arcus A. McKnight, III, Esq. Attorney for Defendant ~« ~~~. a/a s/~v ~~ f=" -. r~ ~,-: ~; N ~-~ -,~ f""€ c~ va ~, _._ ._{ Z l .- =° ~ ~' r~ C' ~i By the Court,