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Home My WebLink About01-4752 LAW O~ICES OF MISLITSKY AND DIEHL ONE WEST HIGH STREET, SUITE 208 CARl-ISLE. PENNSYLVANIA 17013 ;, TaUCPHONJ! (717) 2Ao-o&33.~. FAX (717) 240.0893 MJ-LI'\iD/\ A. SE-'..RER. Plaintiff . 11\ THE COlRT OF COM'vIOI\ PLI::i\S OF . CUvmERLAI\D COUNTY. PE>.:NSYLVANIA \. . ~O 2001- .L/7!:l... CIVIL TER1'v1 I ODD.I, SI ARER. SIC Llefendant . CIVIl .\C I 10'\ - LA \\ . 1:\ DIVORCF NOTICE TO DEFEND AND CLAIM RIGHTS You have heen sued in Court, Ii" yOU wish to defend against the claims set "nth in the folh1\ving pagcs. you must take prompt action. You are \varncd that if you t~til to do so. the case may proceed witlll1ut you and a decree of divorce or annulment may he entered against you hy the Court. A judgment may also he entered against yOU li)r any other claim or relief requested in these papers hy the PlaintilT. You may lose money or property or other rights important tu you. including custodv or visitation ofvour children, When the ground for divorce is indignities or irretrievahle hreakdown of the marriage. \()u may requcst marriage counseling. .\ list of marriage counselors is available in the Prothonotary's Oftlee at the Cumherland Countv Courthouse. Carlisle. Pennsylnll1ia, IF YOlI DO '\OT FILE A CLAIM FOR .\LIMONY. DIVISION or PROPERTY. [,\\\YLWS [I IS OR LXI'INSI S. BEFORF\ DIVORCL OR X\NUL\IE'\T IS (jR,\NI LD. YOU \IA Y LOSI I HL RI(j[ II ]() CL.\I1vJ\N Y 01 I HI.:vL YOl SIlOIl.D TAKEIHIS PAPER TO YOLR L\WYLR AT ONCE. IF YOU DO NOT !IAVE A LAWYER OR CANNOT .\I.TORD 0"\1. no TO OR TELEPHO:\L IHI (lrFICF SIT LORTI I BHOW TO FI'\D OUT WIlERE YOU CAI\ GET LEGAL HFlP Cumherland County !lar Association 2 Liherty A venue Carlisle. Pennsyhania 170] 3 (7 171249-3166 MELINDA A. SEARER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-l.00;)... CIVIL TERM TODD J. SEARER, SR., Defendant : 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: I. 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 1. Searer, Sf., 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. S 3301(c) or 3301(d) of the Divorce Code. COUNT II-CUSTODY 10. Paragraphs I through 9 are incorporated herein by reference. II. 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: NAMF Melinda A. Searer A OORFSS 192 Birch Lane Carlisle, P A OATFS May 12,2001 to present Melinda A. Searer Todd J. Searer, Sr. 268 Redwood Lane Carlisle. P A 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 fore said. 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. Respectfully submitted, Date: &)0/01 / 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 VERI FICA nON 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. 9 4904, relating to unsworn falsification to authorities. >- cr; L:S r ~:5 ':~-~ C)l j)~ Jrt , , ~8R8~ 0j to !l!Jj Vi c-...; ~-...9 ~ ....... ....... (), '&,.. b}-- - Q ;;; ~ :c>: (:s ':;;---t' -~ )~ . - (.)z.; ~-'.- ,,~ .:-:j -',- ~=> , , c.) :_~j~ c:: :_'.j,_u 4lQ. ~;~L1- i '" ~3 (..) -CJ U t G1 ~ r-5 ~~ ....... S~ ):;: ',1) \.:-: ~ "/ ~? <( ',':2 ,< ?j r '-1- u) __'j :;:-z. .L:.,.':: IUJ '_;'.~~ 0- '5 ::::::; U v:. '- :::.l C-'1 OICC C...J - . MELINDA A. SEARER PLAINTIFF V. TODD J. SEARER, SR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4752 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, August 17, 2001 , upon consideration ofthe 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 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 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: Isl Jacqueline M. Verney. Esq.bb 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~ ~ -tv ~~ ~ 1(/'(/1- _$ ~ ~~ 10-(/.;$ /rr5~$r~~p /t?'(I~ VINVAlASNN3d JJ.Nnoo O~J\f":'::J8Vi1n3 SO :~ We! L I ~nv 10 AUV1U )(YL,),'c J L ..10 3JI:L'Oncrr!J - i i I I MELINDA A. SEARER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2001-4752 CIVIL TERM TODD J. SEARER, SR., Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 20th 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. Respectfully submitted, J{[(JR ~omas 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 __F.. ~1.50 .... 1-''''- c C A__F.. ~3.20" c tEnd-'-.1NdJ c ....._._ $ ~7.37 I'- .JI .... C C C I'- C,Qstfpli7~t:lC 1 A L. .:U:.S E .JI ;T .JI I'- U1 lr I'- "" p- $ c:.tlfto<!F.. . CompIel8 itemS 1, 2, and 3. AIeO compIele ~em 4 n RostricIecl OeIIvery Is deIlrecl. . Print your name and addreSS on the_ so that we can return the cerd to you. . Attach this card to the back of the mallplece, or on the front n space permits. '.Article_to: lJ Nol<Wrt - C.1a __fIom_'? ~... W YES. enter delivery _ below: r No TODD J. SEARER, SR. 268 RErMOOD LANE CARLISLE, PA 17013 2. ArllcIeNumbe1iCoPYfrom-1aboQ 7000 1670 0001 8795 7646 PS FOIITl 3811, July 1999 ~AoMn_ 1Q25I&.-..M-1181 () 0 () c: ';'1 5: :e= "1J Lie ~ rnfT Z::r, N zr -'I;:'-:i Cf) ;10, , , '-< ., .'jCJ (2G ;;po " i.,'"--n ~o ::t.: \,l-:"" -.0 ;;0 'P. 15m c: ..~.. ~ :J"I 55 N -< , SEP 13 2001tfJ V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-4752 CIVIL TERM MELINDA A. SEARER, Plaintiff TODD J, SEARER, SR., Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this \.'1{t.daYOf ~t'~l"r ,2001,upon consideration of the attac~ody Conciliatio Report, It IS ordered and directed as follows: I. The Mother, Melinda A. Searer, and the Father, Todd J. Searer, Sr., shall have shared legal custody of Logan D. Searer, born June 30, 1998 and Todd J. Searer, Jr., born May la, 1999. 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. 2. Mother shall have primary physical custody of the children. 3. parties. Father shall have periods of partial physical custody as agreed by the 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. ~ j)~~o:J,=> [...,q'I~.l)\~ BY THE COURT, d{ cc: Thomas S. Diehl, Esquire Todd J. Searer, Sr. 268 Redwood Lane Carlisle. PAl 7013 lfiiW/\1;.sNN3d MNnry, n~ '\....,'~~..'I\ln" J_ "-' \,c' ,",J ::,..:::'l('l t~1 V G I :8 ~ld L I J3S 10 AbV10iC" ,.; :iO 3:Jl:.1:iO-C:Jli:i . MELINDA A. SEARER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : 2001-4752 CIVIL TERM TODD J. SEARER, SR., Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None 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 Todd J. Searer, Jr. June 30, 1998 May 10, 1999 Mother 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. q-Id--O/ Date ~~,~ cq line M. Verney, E:::6 Custody Conciliator -, OJ MELINDA A. SEARER PLAINTIFF V. TODD J. SEARER, SR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4752 CIVIL ACTION LAW 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 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 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. EsqM 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 AITORNEY AT ONCE. IF YOU DO NOT HAVE AN AITORNEY 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 ... ,"" ~ ~ -r ~ ~ ~ It?-t.l~ - ~ ~ ~ ~ lo-t./';$ /rT5 k$ r1V ~ p 1(/'(1)5 Y/iwmA8NN3d AJ.NnOo (J~\i\n-l:]8VlJno So:~ I~d L I snv 10 IlP...I'C' " , AUV..!. .'1\;",_,1."1,.', ,;,': ;. ..J;O _ .~ L.. 1_ ....... MELINDA A. SEARER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-4752 CIVIL TERM TODD 1. SEARER, SR., Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. 10,2001. A complaint in divorce under ~3301(c) of the Divorce Code was filed on August 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: / - /:J,d,l( tfl/fj~ 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! 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-j;l-c:Z 1;;' < ~~ ;!!1IN~ SEARER, Plaintiff p ..,..~ R5 nvcn ;dr;, ::?' ..( i fE?i- .";: :r,;Ci .:2:0 ::sO s:;:: "., ~ ;;. 1\) ~- J:~1a < o ~'I -. ' ::;? --",." J MELINDA A. SEARER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-4752 CIVIL TERM TODD J. SEARER, SR., Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. 10,2001. A complaint in divorce under ~3301(c) of the Divorce Code was filed on August 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: J--- /2-0 Z- ~~ TOD . SEARER, 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! 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: (---/2 -02-- " .. 0 0 0 C I~ -r1 $: t.- -ou: :~= n'lrrl ....:-- 2:0 2r .r:- (J) ,1::: -<.c:. r:: C) ~ ~- ):::>r-~ ..... ~b I)? C~~ >c --, ~ +:- !,-:," 5:) P,) -< MELINDA A. SEARER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-4752 CIVIL TERM TODD J. SEARER, SR., Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 20th 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. Respectfully submitted, yJL!f omas 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 c c C I'- ..JI :r ~ c~stFpfi7~1:C 1 A L. -:U-.S E U1 "- s u- I'- COrlIflod I'M CI R<<urn Rocolpt F.. r'I (E-1\oqIJndl c C R_OoIIvtIryI'M $3.20 C (E,"""...,1OI1t Required) C T_.........- $ $7.37 I'- ..JI r'I . Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery 18 desired. . Print your name and addl8Sll on the reverse so that we can return the card to you. . Attach this card to the back of the mallpiece, or on the front if space permits. 1. ArtIcle Addfessed to: roDD J. SEARER, SR. 268 REDWOOD IANE CARLISLE, PA 17013 2. ArtIcle Number (Copy fn:lm..wce18bel) 7000 1670 0001 8795 7646 PS Form 3811. July 1999 DomestiC Return ~ __1m (") ~ <;. -uEr_ mr1" Z:T Zr;-; ~:/ !<C ~n __CI ..- c: z ~ C) ~ ~ f',) ~,~: ~ ._1(') L~-;'; ,.' , ~~:.'.- - O() (::)('1< ..-I "1> ~ \.0 :J1 f" '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MFI INDA A SEARER, Plaintiff NO. 2001-4752 VERSUS TODI).I ~FARFR. SR , Defendant DECREE IN DIVORCE AND NOW,_:f 2.f7 U;;> \ 7 17 MELINDA A. SEARER , ?oDL. IT IS ORDERED AND , PLAINTIFF, DECREED THAT AND TODD J. SEARER, SR. , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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. PROTHONOTARY '" '" ,. '" '" '" '" J. ,. '" '" '" '" '" ~~~~~cv.~/'1 . ' ~ ,"" '...,k, ,', "~,,. MELINDA A. SEARER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-4752 CIVIL TERM TODD J. SEARER, SR., Defendant : CIVIL ACTION - LAW : 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) 3381eJ) 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) ofthe 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 ~ 330l(c) of the Divorce Code: by the Plaintiff: January 12, 2002; by the Defendant: January 12,2002. Date: January 14,2002 -..-Thomas S. Diehl, Esq 're Attorney for Plaintiff (') c c; c: I'v ~ ~'r "' ~ti:; "- --, :;,::,~ I., -~ -- , ~S' -- - "I - , , _c....,. ... '.~-- ::o:::.c- , !:::Cf ":.-:::' () :t;: -0 " -( Zc "-:1-;;.- "1'1 - (-,J j;;() C f';-? (',~) n: <:: ---j :< c:- )?-.. .s:- _0 -..;;: MELINDA A SEARER Plaintiff generally, but Respondent in present action IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA v. NO. 2001-4752 CIVIL TERM TODD I SEARER, SR Defendant generally, but Petitioner in present action CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF 1. Petitioner is Todd I 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, Harrisburg, P A) 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 I Searer when Melinda A. Leese will return home, however, when she does return home, it is anticipated it will be to 318 Walnut Lane, Carlisle, P A 17013. 4, The parties are the parents of two boys, Logan Drake Sealer (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 ofthe 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 ofthis petition tlJr special relief is two-fold: 1. August 13, 2005 is the date the boys ar~, currently scheduled to return to mother's primary physical custody; and 11. 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 1. Searer requests the Court grant to him primary physical custody of Logan Drake Searer and Todd Jason Searer, Jr. YOFFE & YOFFE, P.C. By ~ f~ ~ Yof , EsqUIre Attorney for Todd 1. Searer 214 Senatl~ Avenue, Suite 203 Camp Hill, P A 17011 (717) 975..1838 Attorney ID No, 52933 jyojJe@verizon.net VERIFICATION I hereby state that I am an adult individual who is aulhorized to make this verification and that the facts set forth in the foregoing petition for special relief are true to the best of my knowledge, infurmation, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. !l4904 relating to unsworn falsification to authorities. Dated: Y2'1/0 )' -r4r~tP?:e7 Todd J. ~r --- 3i\P 1 '3 rOOJfIJ MELINDA A. SEARER, 1'1IIh:.tiff : IN TilE COURT 01" COMMON PLEAS OF : CUMllERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-4752 CIVIL TERM TODD .J. SEARER, SR., Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~,'1{t,daYOf E.,{-: I,d ,2001,upon ~lJn~id~rtllivll vf UI~ attac~ody C()~it is ordered and r1;,,,,,ted I.l~ follows: I. The Mother, Melinda A, Searer, and the Father, Todd J. Searer, Sr., shall have 811ared legal cusludy uf LV~i1J.l D. 3"""'1", born June 30, IOOS ""d Todd J. Sea""r, Jr , born May 10, 1999. Each parent shaH have an equal right, to be cxercisedjointly with lile utl",r ptlreut, to ll1"ke all mnjo, non-cmerge""'j' E1.~iGjg... .ff~~t;n(l the Children's general well-being including, but not limitcd to, all decisiorls regarding their health, ~dllcatioll and reli!,rion. 2. Mother shall havc pnmary physical cuslOlly uf rhe clJ.ih.h"... 3. parties. Father shall have periods of partial physical,:ustody as agreed by the 4. This Order is entered pursuant to Mother's r<~quest at a custody Conciliation Conference at which Father did not appear. The parties may modify the provisi0l18 of this Order by mUlual COlIsont. 'Tn the ab.once 'of mutual oon<enl, the term,~ of this Order shall control. ~ t~~ BYmE C~':'~ . t ,tVc.? ~ ZU(J. cc: Thomas S. Diehl, Esquire Todd J. SoaNT, Sr. 268 Redwood Lane Carlisle, P A 17013 \~'~;'"i'.l,..t!; '.~t ,i~ ,j:J,.../ . 1 N;.~.'.i.'-; '.'1 ':. .,' "7''';',. , r"\ JI,J., ' "~ '.' '_I . '~:,~~!r'ldJ ;: I : '.' ; :_~' I -'. > '."~ '.r .'" Ir"..1 ,'., ..:...:.~ ~:.; ;.~N~l\~:.;~~\:~:. /_i:~i ?L:;_ ~ ~() EXHIBIT" A" , . . MELINDA A. SEARER, Ph.inllff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, rENNSYLVANIA v. : 2001-4752 CIVIl, TERM TODD J. SEARER, SR., Defendant : CIVIL ACTION - LAW : IN LlJ:SHJUY l'RIOR JUDGE: None CUSTODY CpNCILIATlON SUMMARY REPORT IN Al;LORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3.8, the undersigned Custody Conciliator submits the following report: L. The pertinent intonnal1on COIlCel:llmg the Ch:iluren Who are ~he sUbjC<':l u r this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Logan K. Searer Todd 1. Searer, Jr. June 3Q, 1998 May 10, 1<J<J9 '.Mother Mother 2. A Conciliation Conterence was held in this matter on September 12, 200 I, 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 nOl1ce ot the conciliation conference. 3. Mother requested an Order in the form as attached. q-I.J-OI Date ~~(,i~ cq line M. Verney, Esquire Custody Conciliator EXHIBIT "A" 'f\~ ~~g ~ U't -0 ~Dr- J r-'.' C) -"n _.._ :-:1 tIC; f),) ----0 {",' (J" - MELINDA A. SEARER Plaintiff generally, but Respondent in present action IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA v NO. 2001-4752 CIVIL TERM TODD J. SEARER, SR. Defendant generally, but Petitioner in present action CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY SEPTEMBER 14. 2001 CUSTODY ORDER 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 (250 I North 3rd Street, Harrisburg, P A) 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. Searer 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 parents of two boys, Logan Drake Searer (D.O.B. 06/30/1998) and Todd Jason Searer, Jr. (D.0.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. rfPather is permitted to have primary physical custody ofthe 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. It is in the best interests ofthe boys that Father become their primary custodian. WHEREFORE, Todd 1. Searer requests the Court grant to him primary physical custody and shared legal custody of Logan Drake Searer and Todd Jason Searer, Jr. YOFFE & YOFFE, P.c. BY/~/Jl~ ~TO ,Esquire Attorney for Todd 1. Searer 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No, 52933 jyoffe@verizon.net VERlFICA nON I hereby state that I am an aduh individual who is authorized to make this verification and that the facts set forth in the foregoing petition to modify are true to the best of my knowledge, information, and belief. I understand that false statements herein lire made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Dated: ~/2 rjo ') -r;;1L:~'Y~~ ToddJ~r SliP l 3rlJlJdf) MELINDA A. SEARER, Plaintiff : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2001-4752 CIVIL TERM TODD .T. SEARER, SR., Defendant : CIVIL AC1'ION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ;, tf:.day of o!" .. t-: -J ,r r ,2001, upon clm~ideruliul1 of lhe attached llstody Co~it i. ord""d and (Hrp.cted ll~ follows: I. The Mother, Melinda A. Searer, and the (lather, Todd J. Searer, Sr., shall have ~hared legal cu~wdy of LO!;;01J.1 D. S~Are.', bern June 30,11)1)& and Todd J. Seer"r, Jr. born May 1 0, 1999. Each parent shall have an equal right. to be exercised jointly with the o[her ptlrt:llt, to lUake all tnllJor non-emerg"""i' deeivicm. .ff~ot;n(l the Children's general well-being including, but not limited to, all decisions regarding their hcalth, education and religion. 2. Mother shall have pnmary physical CUSlody u[ lhe "lulu."", 3. Father shall have period~ of partial physical custody as agreed by the p,\rties. 4. This Order is entered pursuant to Mother's !request at a custody Conciliation Conference at which Father did r1.ot appear. The parties may modify the provlslOlls oflhis Order by IIlu~u~1 conscnt. In the "b~cnc.' ofmutu..\ consent, the term.q of this Order shall control. ~ t~~ BYTHE c~u:~ tLi. t.<<~ [) , , . 1. cc: Thomas S. Diehl, Esquire Todd J. Scarer, Sr. 268 Redwood Lane Carlisle. PA 17013 \.,'11,1'>1-',"1' .~~ 't " ~ .' .<~".'I_2.")\.:~>i"i,d:..\.. Jl.tNi ;:-'1".' ,_'j .., ':-':,~':;?liK) ~ I .,. ." .. I -",.. ,~, ','" irf(j , ,', ',:-, "t .... ...-... \,.-" ",~'!~f.~C~.!.;;~~\:~" i:_i:~1 ?;- ~ .;() EXHIBIT "A" MELINDA A. SEARER, Plnintlff : IN THE COURT 011 COMMON PLEAS OF : CUMBERLAND COUNTY, I'ENNSYLV ANIA V. : 2001-4752 CIVIl, TERM TODD J. SEARER, SR., Defendant : CIVIL AC'rION - LAW : IN CU1S IUUY l'RlORJUDGE: None CUSTODY C9NCILlA nON SUMMARY REPORT IN AI,:COKDANCE WITH CUMDERLANl> COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, lhe undersigned Custody Conciliator submits the following report: t. Thc pertinent in/ormatIon concernmg the Children Who are the subj"<;l ur tbis litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Logan K. Searer Todd J. Searer, Jr. June 30, 1998 May 10, 1999 Mother Mother 2. A Cunciliation Conference was held in this matter on September 12, 2001, with the following individuals in attendance: Mother, Melitlda A. Se>lrer. WllS present with her counsel, Thomas S. Diehl, Esquire. Father, Todd J. Searer, Sr., was nol present although he had notice ot the concllialion conference. 3. Mother requested an Order in the forID as attached. if-IJ-OI Date J_____.L-J. fi-l, ~ ~:. Verney, Bsquire Custody Conciliator EXHIBIT" A" t~& ~ ~ g ~ D. -' ~ K ~ ~ r::) -':"~'-) C) ! i"'-._, (:"') '.', r:.-:") ";;'''''! -n :-~,:., " ,'-.. , , I ~.~ MELINDA A SEARER Plaintiff generally, but Respondent in present action V RECEIVED AUG 08 200r\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA /; v, NO. 2001-4752 CIVIL TERM TODD J. SEARER, SR. Defendant generally, but Petitioner in present action CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this ili day of ~"" So r , 2005 in consideration of the Petition for Special Relief filed by Todd J. Searer, Sf., it is hereby Ordered that a hearing on said petition is scheduled for t4a~ / 7 , 2005 at ,3 ~ Ob -./p,m, in Courtroom # I located on the ~ floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, P A 17013. BY THE COURT 1 6A. J. .------------ , , , ! MELINDA A. SEARER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 01-4752 ClVIL ACTION LAW TODD J. SEARER, SR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, VVednesday, August 10,2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Couuty Courthouse, Carlisle on Tuesday, September 13, 2005 at 10:30 AM 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 mav also be present at the conference. Failure to appear at the conference mav 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 hearinl!. FOR THE COURT, By: Isl TacQueline 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 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 ~ 4,.1r. .:;,,,-ftAI'- /(I^~ Me/lt\~.4, Ws(.... In the Conrt of Common Pleas of Cumberland Connty, Pennsylvania VS. No. ~()O (-7'?~e;,a.19 -r orlc-l l -r:. {~ ~('. -/-!:t. , ?r/:./J ~ e.A.:h/' /"'-1. 7 .-l!1(f,,,cilA A. ~4("U' r ~AI>..,/ ",.. ~_I...( ~ 01-- ~ !rf-I p., l11oi-fr'~ ~A JJf tce.~ I . ~(:r IJI~ , To Prothonouuy 19 flLEo-OfF\CE O~ "i\-\E I'p,OI\-\ON01MW 2ml~ /l.1J(;'\J', Pl'l u: ,\ a No. - ., Term, 19 Cl.l',t:-"',." '. ' ,.,' ,,\\"V \>,'..F_"~ ..,j ., ,,,.' ...' ,..' v\ ; \ ' Pt\~,',,:S{\~~J i\,~<i\r\ VS. .; T't' PRoAECI,PE , , ,Filed 19 . Alty. MELINDA A. SEARER, Plaintiff IN THE COURT OF COMMON PLEAS OF 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 =or Special Relief, and following an initial period of heal:ing, 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 Qr admitted. By the Court, ~~ ~~! ~,,\ e, >: 1.0 .,.. sri' c_ '-;7 >..0 6 ~3~ wO 07 )C ,,-"-. -Cl .a: o:ct H-j-: -~ ::j ~~ (p .r- ", W - ?,: -'\.U (.!) , \.,i':I:) G:F5 ::::> ..:c :.;..:1. .", ~ or.> :::.) = = (,) c--> .0. C":t ."'.' l',' """F, "' "> " 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 , " ",", ''', , .. , MELINDA A. SEARER, Plaintiff IN THE COURT OF COMMON PLEAS OF 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 18th day of August, 2005, upon consideration of 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 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. o c'"> g ~ c:P -- OZ' fZ '0 W~~~'. yc!. '-t. ?:: 'ql~?: 00..- ~\.\J r;:.~ '6 ~ .-7 .- .cC. ?:~~~~ ',:";:,1~~, .~# ~ ;;,,; .g, ~ ;'\(tl ',"r:.;o- ';<-; 2, , ,'- ." ". , ", h 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, J. ~ouglas G. Miller, Esquire W. Pomfret Professional Building 60 W. Pomfret Street Carlisle, PA 17013 For Plaintiff ~effrey N. Yoffe, Esquire 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 For Defendant ~~ ~,o? Of:b.\ :mae -- " ".',0 '" , " ~ECEIVED SEP 14 Z005 ty MELINDA A. SEARER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2001-4752 CIVIL TERM TODD J, SEARER, SR., Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this \S t1. day of .; t , 2005, upon consideration of the attached Custody Conciliation Re ort, it is ordered and directed as follows: I. The prior Orders of Court dated September 14, 200 I 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 terms 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. BY THE COURT, cc: Jeffrey N. Y offe, Esquire, Counsel for Fat r Douglas G. Miller, Esquire, Counsel for Father '> ~ ~ '1-' L- _ l:JS Cf- ~ <:0 ~ <::) .. ~~ - :::> -<( ~ 0-- J?:? ~g ,:'.t3 cr: ..0 .,:;;f.i) 0- ')z o:~ ~ :~c:z u.1tJj L-00- ~ or.> ~ 0:::> ::.> = <.) ..... MELINDA A. SEARER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2001-4752 CIVIL TERM TODD J. SEARER, SR., Defendant : CIVIL ACTION - LAW : 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 Todd J. Searer, Jr. June 30, 1998 May 10, 1999 Father 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. Yoffe, Esquire and Mother, Melinda A. Searer, with her counsel, Douglas G. Miller, Esquire. 3. The Honorable J. Wesley OIer, 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 form as attached. --- q - /3 -0 I:, Date A. RECEIVED '^} 07 Z005 'Y 1')'1' MELINDA A. SEARER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION ^ LAW TODD J. SEARER, SR., Defendant : NO. 2001-4752 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this '3 tL day of tv 8 v , ,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.;;b6t day of ~ ,200-'-, at f: 36 o'clock, Ji. 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 summary 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 1. Searer, Sr., and the Mother, Melinda A. Searer shall have shared legal custody of Logan D. Searer, born June 30, 1998 and Todd J. Searer, Jr., born May 10, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all m~or 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. children: Mother shall have the following periods of partial physical custody of the 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. ~: ,tiftJ I S :2 It.1 Q I WN SOUZ '<,--', ';""';' , \ ~U.L' -~o AU\/H)i\<.},': J.\jq~..:Jl I ... :;'''':l)~,'n-{i3 11:1 -,Vl.,.~, '" . ------ , 6. Thanksgiving: Father shall have physical custody of the children on Thanksgiving Day until 5:30 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. II. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. ~ /J~4' (l/l!tJif" A.U ..l . - , RECEIVED / 0 720n~ If MELINDA A. SEARER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW TODD J. SEARER, SR., Defendant : NO. 2001-4752 CIVIL TERM : 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 Todd J. Searer, Jr. June 30, 1998 May 10, 1999 Father 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 MELINDA A. LEESE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2001 - 4752 CIVIL TERM CIVIL ACTION - LAW TODD J. SEARER, SR., Defendant IN CUSTODY MOTION TO COMPEL ATTENDANCE OF MINOR CHILDREN AND NOW, this 8th 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. Searer, 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 Plaintiffs 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 I, 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 are 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 regard 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 & McKNIGHT Date: March 8, 2006 By: ~~ ~ Douglas G. ilIer,'Esquile Supreme Court LD. No: 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Attorney for Plaintiff 3 , . VERIFICATION 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. '? / kl;u(I/L _ >,1 E'7~::..ze' MELINDA A. LEES Date: , 3h / Np MELINDA A. LEESE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vi. : 2001 - 4752 CIVIL TERM : CIVIL ACTION - LAW TODD J. SEARER, SR., Defendant : 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 170Il IRWIN & McKNIGHT Douglas Miller, Esquire Supreme Court 1.0. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Date: March 8, 2006 " C'~, . MELINDA A. SEARER (LEESE), Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2001- 4752 CIVIL TERM CIVIL ACTION - LAW TODD J. SEARER, SR., Defendant : IN CUSTODY AFFIDAVIT Pursuant to the Order of Court dated August 18,2005, Paragraph 2, requiring a statement from the Plaintiffs psychiatrist regarding the Plaintiffs 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 & McKNIGHT Dated: March 7, 2006 Douglas G iller, Esquire Supreme Court ill # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff SEP-14-Z005 IZ:43PM FROM-NHS/The Stevens Center +7172430776 T-SS5 POOZ/OOZ F-6Z! I I I I I I I I C\idnt Name: Melinda Leese DaB: 7/3/80 I Datt of Evaluation: 8/17/05 SUbtctive: Acc rcling to the pt., on July 21, she felt extremely depressed and her husband ignored this d pt. was not taken to the hospiral. Subsequently, she drank antifreeze, 20 OZ., felt diz and was taken to Hanisburg Hospital where she was in Toxicology for 11 days bec use of aspiration pneumonia, GERD, and kidney failure. Following medical stab lization, she was admitted to the psych unit for 7 days and was discharged on August 9,2 05. Her current medications are Remeren and Geodon. Reported feeling good, no pam attacks and depression is much better. Pt. had ongoing problems with her husband whi h is getting better as now he is more supportive. Pt. still 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 Northwestern Human Services The Stevens Center, Partial Hospitalization Program 33 State Avenue, Carlisle PA 17013 (717) 243-6033 Men aI Status Exam: App arance was normal with good hygiene. She was calm. Her affect was labile. Mood still emains somewhat depressed. She was coherent in her thinking. No auditory or visu, hallucinations. Her memory was intact. She was not assessed to be suicidal or horn cidal risk. Dia~osis: Panic disorder with agoraphobia rreakent recommendations: 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 fol1o -up visit was scheduled in 4 weeks. q~9~o Date CERTIFICATE 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. YaFFE, ESQUIRE 214 SENATE AVNEUE SUITE 203 CAMPHILL,PA 17011 IRWIN & McKNIGHT By: ~ Douglas G. 'Her, Esquire Supreme Cou 1.0. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff Date: March 7, 2006 1/ .. MELINDA A. LEESE, Plaintiff R::CEiVEO MAR 0 9 2'"'~/ J : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 2001- 4752 CIVIL TERM : CIVIL ACTION - LAW TODD J. SEARER, SR., Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 10 }-l day of (Y) '-' L-L , 2006, upon consideration of the attached Plaintiff s Motion to Compel Attendance, the Defendant is hereby directed to bring the parties' minor children to the custody hearing scheduled for March 20,2006, in Courtroom No. 1, at 9:30 a.m., Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. BY THE COURT, J. s\ C) .' <.;-' MELINDA A. SEARER (LEESE): Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 2001-4752 CIVIL TERM TODD J. SEARER, SR., Defendant 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 6effrey N. Yoffe, Esquire 214 Senate Avenue Suite 203 Camp Hill, PA 17011 For Defendant :mae '-':\:no on '0" "e .J lJ' l ~.,~. C", ",.'1.1 . 17 "'("U;HSC,,~ tIf. . MELINDA A. SEARER (LEESE), Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW TODD J. SEARER, SR., Defendant NO. 01-4752 CIVIL TERM ORDER OF COURT AND NOW, this 12th 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. Searer, Jr. (d.o.b. May 10, 1999), and following a further hearing held at Plaintiffs 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, (I) 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, vDouglas G. Miller, Esq. West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, P A 17013 Attorney for Plaintiff :rc ..Jeffrey N. Y offe, Esq. ,\ 214 Senate Avenue " Suite 203 Camp Hill, PA 17011 Attorney for Defendant ;',</ 1"< ~ n J. ;--,1