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HomeMy WebLinkAbout09-5647DALLAS WARE, II, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09- 5"L y 7 CIVIL TERM SHEIKA DICK, Defendant : CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Dallas Ware, II, (Father). Father resides at 112 East Willow Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Sheika Dick, (Mother). Mother resides at 347 East Louther Street, Carlisle. Cumberland County, Pennsylvania 17013. 3. Father seeks primary custody of the minor child: Name Present Residence Gage Lukas Ware 347 East Louther Street Carlisle, PA 17013 Gage was born out of wedlock. Age 10. 19.00 DOB; 8'/z yrs old Gage is presently in the custody of Mother. During his lifetime, Gage has resided with the following persons and at the following addresses: Name Address Date Dallas Ware, II 347 East Louther Street birth - early 2001 Sheika Dick Carlisle, PA Sindelle Fraser Sheika Dick 347 East Louther Street early 2001 - early 2002 Sindelle Fraser Carlisle, PA Sheika Dick 347 East Louther Street early 2002 - early 2003 Sindelle Fraser Carlisle, PA Kenny James Sheika Dick 347 East Louther Street early 2003 - summer 2009 Sindelle Fraser Carlisle, PA Sheika Dick 347 East Louther Street summer 2009 - present Sindelle Fraser Carlisle, PA Mother's Boyfriend 'I he parties are no longer in a relationship. 4. Mother resides with the following persons: Name Relationship Sindelle Fraser Daughter from prior relationship Gage Ware Son with Dallas Ware, II Unknown Name Boyfriend 5. Father currently resides with the following persons: Name Barb Ware Dane Ware Grace Ware Relationship Wife Son Daughter 6. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Gage in this or another court. 7. Father has no information of a current custody proceeding concerning Gage pending in a court of this Commonwealth. 8. Father does not know of a person not a party to the proceedings who has physical custody of Gage or claims to have custody or visitation rights with respect to Gage. 9. The best interest and permanent welfare of Gage will be served by granting the relief requested for reasons including, but not limited to the following: a) Father actively participated in medical appointments during Mother's pregnancy and was present for Gage's birth. b) After the parties separated, Father cared for Gage at night while Mother worked, allowing Father to develop a strong father/son bond with Gage. c) Since early 2003, Father has had frequent periods of custody of Gage ranging from day time visits to visits that lasted between 2-4 days at a time. d) Father lives in a home that is a safe and nurturing environment in which to raise Gage. e) Father has all the necessary items to care for Gage on a full time basis. f) Father has two children who are half-siblings to Gage and it is important that Gage develop not only the father/son bond but also bonds with his step- mother and half-siblings. g) Father and his family are willing and able to care for Gage on a full time basis and Father is committed to establishing and nurturing a healthy father/son relationship with Gage. h) Father is willing to work with Mother to co-parent Gage and will communicate with Mother to best serve Gage's interests. i) Mother is not acting in Gage's best interest in ways including but not limited to the following: i) Mother has allowed outside influences, such as a previous boyfriend, to interfere with her ability to work cooperatively with Father to best serve Gage's interests. ii) Mother has recently stopped allowing Father to have custodial time with Gage as a form of punishment for Gage. iii) Mother has deliberately acted in a manner to interfere with Father's healthy father/son relationship with Gage. 11. Every person with rights to custody or having actual physical custody of Gage has been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: 1) Grant the parties shared legal custody of Gage. 2) Grant Father primary physical custody of Gage. 3) Grant Mother periods of partial custody with Gage. 4) Establish a holiday schedule to ensure that both parents are able to celebrate with Gage. 5) Any further relief that this Court finds to be just and proper. suymnttea, JessVh Ifolst, Esquire Mid Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, DALLAS WARE, II, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: DALLAS WARE, II DALLAS WARE, II, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09- CIVIL TERM SHEIKA DICK, Defendant : CUSTODY AFFIDAVIT OF SERVICE BY MAIL 1, Jessica Hoist, do hereby swear that I served Sheika Dick with a Complaint for Custody on y , 2009 by certified mail, return receipt, restricted delivery, to the person and addresses below: Sheika Dick 347 East Louther Street Carlisle, PA 17013 Date: R. Akoc Signature: f2 QF r& f ? THCNOTAFR ZN9 AUG 14 AM 9' 14 -X FP i DALLAS WARE, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEIKA DICK, Jo the Prothonotary: V. NO. 09- 5(047 CIVIL TERM Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow, Dallas Ware, II, Plaintiff, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma aQ uperis, certify that I believe the party is unable to pay the costs and that 1 am providing free legal services to the party. Jesfcb Hdlst, Esquire Mi Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ?THE ?; ?ftTARY 2M AUG 14 AM 9.- 14 CU P46 QotMy DALLAS WARE, II IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHEIKA DICK DEFENDANT 2009-5647 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 20, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, September 21, 2009 at 8:30 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. 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/ Dawn S. Sunday, 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 F TNr P4 , 1 ,,,'NARY 2009 AUG' 2 3 Fri l : 31 PE i. vuNWX?IA - ate. 61e6r . mac LSCL 46 /)1'( tC kA-) AJ04-VC,F- MbFt tir-C lc??vC4- "O`Y mu lam- 4c' ? Q Praecipe to Enter Appearance Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DALLAS WARE, II, Plaintiff NO. 09-5647 V. CIVIL ACTION - LAW SHEICA DICK, IN CUSTODY Defendant PRAECIPE TO ENTER APPEARANCE OF LEGAL COUNSEL To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Defendant, Sheica Dick. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 LIFF, ESQUIRE Date: August 19, 2009 ALE-O" rE L ,- _.., '" TARY 2009 A U G 24 Fh 3. v9 CUIIA -r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DALLAS WARE, II, Plaintiff NO. 09-5647 V. CIVIL ACTION - LAW SHEICA DICK, IN CUSTODY Defendant ACCEPTANCE OF SERVICE 1, Diane G. Radcliff, Esquire, attorney for the Defendant in the above captioned action hereby accept service of the Complaint for Custody which Complaint was filed in the above captioned matter on August 14, 2009. 1 certify that I am authorized to accept service on behalf of the Defendant. Date i DTANE-G. DCLIFF, ESUIRE orney r the Defendant ndle Road Camp Hill, PA 17011 I . D. No. 32112 OF THE 2009 AUG 31 ii '1 i If , i., CURT' j . y r"'? , ?4-o I L?i a jFP ? 5 2009 DALLAS WARE, II IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-5647 CIVIL ACTION LAW SHEIKA DICK Defendant IN CUSTODY ORDER OF COURT AND NOW, this Z. V day of C6,V4-'k, , 2009, upon consideration of the attached Custody Conciliation Report, rt is ordered and directed as follows: 1. The Father, Dallas Ware, II, and the Mother, Sheika Dick, shall have shared legal custody of Gage Lucas Ware, born October 19, 2000. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child during the summer school break beginning one full week after the end of the school year and ending two full weeks before the beginning of the new school year. The Mother shall have a one week period of custody with the Child in July, after the Independence Day holiday, upon providing at least 30 days advance notice to the Father of the specific dates selected. 4. The Father shall be responsible to provide all transportation for exchanges of custody at the beginning and end of the Summer and the parties shall exchange custody of the Child for the Mother's one week period of Summer custody at the halfway point between their residences which shall be the Sinclairsville, Ohio Exit on Interstate 170 or as determined by Mapquest. 5. In the event the Father travels to Pennsylvania to visit his family during the summer, the Father shall provide the Mother with advance notice so that she can have contact with the Child as arranged by agreement. 6. The parties shall have custody of the Child on holidays as follows: A. Christmas: The entire Christmas school holiday shall be divided equally between the parties with the Father having custody of the Child during the first half of the Christmas break in even-numbered years and the second half in odd-numbered years and the Mother having custody of the Child during the first half of the Christmas break in odd-numbered years and the second half in even- numbered years. The Child shall be returned to the Mother's residence one full day before school resumes after the holiday. B. Thanksgiving: The Thanksgiving holiday shall run from the first day of the Child's school break for Thanksgiving through the day before school resumes after the holiday. The Father shall have custody of the Child for the Thanksgiving break in odd-numbered years and the Mother shall have custody in even-numbered years. C. Easter/Spring_ Break: The Father shall have custody of the Child for the entire Easter/Spring Break in even-numbered years and the Mother shall have custody in odd-numbered years. The Child shall be returned to the Mother's residence one full day before school resumes following the holiday. 7. Neither parent shall make arrangements for the Child to travel alone by plane, unless the parties agree in advance. 8. The non-custodial parent shall be entitled to have liberal telephone contact with the Child. 9. The parties shall maintain ongoing communication by email or otherwise to facilitate the regular exchange of information pertaining to the Child. 10. Neither party shall smoke in the presence of the Child or consume alcohol to excess during periods of custody with the Child. The parties shall ensure that third parties having contact with the Child comply with this provision. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. 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 be mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: is las M. Matash, Esquire - Counsel for Father lane G. Radcliff, Esquire - Counsel for Mother DALLAS WARE, II Plaintiff vs. SHEIKA DICK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-5647 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Gage Lucas Ware October 19, 2000 Mother 2. A custody conciliation conference was held on September 21, 2009, with the following individuals in attendance: the Father, Dallas Ware, II, with his counsel, Nicholas M. Matash, Esquire, and the Mother, Sheika Dick, with her counsel, Diane G. Radcliff, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?att.?,??-t ?.-3 •?ao q" Date Dawn S. Sunday, Esquire Custody Conciliator F Ti's ' 2009 SEP 2 S