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HomeMy WebLinkAbout02-3996 NM c ~ ,~ C:. v ••r~ Jennifer L. Spears, Esquire `~ ~ ~ ^'~ ~' ~ ..~ MARTSON DEARDORFF' WILLIAM S OTTO GILROY & FALLER ~ ~ ~ ~,~ MARTSON LAW OFFICES ~. -~ ~ ~ ~ I.D. 87445 ~ ~ ~ ~ : ' 10 East High Street ~ ~' ~ ~ e~ ~ :~ ~ Carlisle, PA 17013 `'~ `::' .~~'~.-'~ (717) 243-3341 `' ^' ^'' Attorneys for Defendant VIKKI L. RARICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v• NO. 02-3996 CIVIL ACTION -LAW JASON A. PIERRE, Defendant IN CUSTODY DEFENDANT'S PETITION FOR SPECIAL RELIEF: EMERGENCY CUSTODY AND NOW, comes Jason A. Pierre, Defendant, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Petition for Special Relief and avers as follows: 1. Defendant ("Father") is Jason Pierre, an adult individual residing at 44 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff ("Mother") is Vicki L. Rarick, an adult individual whose is currently residing at 7810 Wertzville Road, Carlisle, Cumberland County, Pennsylvania. Mother resides with her boyfriend, Todd, and his friend, Kyle. 3. This Court's Order of November 25, 2008, is in effect with regard to custody of the child and is attached hereto as Exhibit "A". 4. On December 7, 2010, when Mother returned the child after her visitation, she began demanding in front of the child to receive "make-up" visitation for December 9t'', as the child has a concert at school that evening. 5. Father has repeatedly asked Mother not to discuss custody in front of the child. 6. When Mother refused to stop her demands in front of the child, Father offered her additional time on Mother's next weekend, but also took into account that Mother returned the child 25 minutes late on Thanksgiving. ~r~1~ x333 / • 7. When Father got the child in his house and Mother left, the child was angry at Father because the Mother had her all worked up. 8. Sierra mouthed off several times to Father, who slapped her on the buttocks twice. The slaps were not excessive and Father believed they were appropriate at the time. 9. Unbeknownst to Father, Sierra then used the cell phone Mother gave her to call the police. 10. The Silver Springs Township police arrived at Father's house and found that Sierra was in no danger. However, to diffuse the tension, they suggested Sierra could stay with Mother for the night and Father agreed. 11. The following day, December 8, 2010, Father attempted to contact Mother no less than a dozen times to get Sierra back. Mother failed to take Sierra to school or return Father's calls. 12. The Silver Springs Township police called Mother twice on December 8th to ascertain Sierra's whereabouts and Mother failed to respond or return the calls. 13. Father had to call the Middlesex Township police to check on Sierra's whereabouts. They found her at her Mother's and advised Father to file this Petition. 14. Mother failed to take Sierra to school again today, December 9, 2010 and did not call the school to inform them she would be absent. She will be unable to participate in her chorus concert tonight as well. 15. Mother has made it known to Father and other family members that she intends to "do whatever it takes" to not return Sierra to Father. 16. Upon information and belief, Mother is not working. Mother is unable to support the child because she has never kept a job. 17. Mother's vehicle does not work and the registration is expired. 18. Father has lived in the same home for approximately eight years. 19. Father has had the same job for approximately eight years. 20. Father has had primary custody of the child for over two years, has provided stability and has the child in counseling with Maria Stoner. 21. The child's counselor believes Sierra needs to be in Father's custody. 22. When with her Mother, the child often has to "take care of her Mother and act as the adult in the relationship. 23. Mother constantly badmouths Father to the child. 24. Mother has two older children from previous relationships who were both placed into the custody of the state (in the foster program and/or a reform or correctional institution) several years ago. 25. Father fears for the safety and well-being of Sierra and does not want her to end up like Mother's two older children. 26. Mother has not proven that she is capable of raising a child with shared legal and physical custody. 27. The best interest and permanent welfare of the child will be served by her being returned to Father's primary custody and resuming the schedule under the current Order. 28. Father requests that this Honorable Court order and direct Mother to return the child to Father immediately, and that the Middlesex Police Department (or other local law enforcement) be ordered to assist with getting the child to Father. 29. The prior Conciliator in this case was Dawn Sunday, Esquire. 30. The Honorable Kevin A. Hess has signed the prior orders. 31. Mother was represented at the last Conciliation in November, 2008 by Jessica Holst, Esquire. Attorney Holst has advised that her representation was limited to that Conciliation and that she does not presently represent Mother. However, Attorney Holst is being served a courtesy copy of this Petition and Mother is also being served. WHEREFORE, Defendant/Father requests your Honorable Court to order and direct Mother to immediately return the child to Father, and direct local enforcement to assist with the delivery. MARTSON LAW OFFICES C~N r By Jenni r L Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Jason Pierre Date: December 9, 2010 CERTIFICATE OF SERVICE I, Shelly R. Brooks, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Defendant's Petition for Special Relief was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Vikki Rarick 7810 Wertzville Road Carlisle, PA 17013 Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 MARTSON LAW OFFICES By , She y R. Bro s Ten East Hig treet Carlisle, PA 17013 (717) 243-3341 Dated: December 9, 2010 ~, . VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. F~\FILES\Clients\11371 Metzger Wickersham\11371.13 Pierte\11371.13.2ndpetspecrelief F:\FILES\C1iems\11371 Metzger Wickersham\11371.13 Pierre\11371.13.2ndpetspeerelietwpd\tde l Revised: 1219/10 3:01PM DEC 0 9 2010 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant VIKKI L. RARICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 02-3996 CIVIL ACTION - LAW JASON A. PIERRE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this J 3- day ofd, 2010, upon consideration of the attached Defendant's Petition for Special Relief. Emergency Custody, it is hereby ORDERED and DIRECTED Father, Jason Pierre, has primary physical custody of the child, Sierra J. Pierre, pending a Conciliation Conference and further Order of Court. cc: Xkki L. Rarick Pro Se Plaintiff /es"si,cca Hoist, Esquire ennifer L. Spears, Esquire For Defendant A Assigned Custody Conciliator C) C-) c Q - -q --4 0 tn (S -*t OM Z_O C ? N --?M 4 70 BY THE COURT, / Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant RLED-OFFICE OF THE PR"DT11,0,ljTA;;y, 11 FF3 - I PM 12: 4 CUMBERLAND C'OLIN-Irls, 3 L.tty t..i' VIKKI L. RARICK, V. JASON A. PIERRE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3996 CIVIL ACTION- LAW : IN CUSTODY DEFENDANT'S PETITION TO MODIFY CUSTODY AND NOW, comes Jason A. Pierre, Defendant, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Petition to Modify Custody as follows: 1. Defendant ("Father") is Jason Pierre, an adult individual residing at 44 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania., 2. Plaintiff ("Mother") is an adult individual who is currently residing at 7810 Wertzville Road, Carlisle, Cumberland County, Pennsylvania. Mother resides with her boyfriend, Todd, and his friend, Kyle. 3. Defendant has custody of the child, Sierra J. Pierre, who was born on June 2, 1999, and seeks to restrict Mother's interaction with the child to supervised visitation only. 4. This Court's prior Orders of November 25, 2008, and December 13, 2010, are in effect with regard to custody of the child and are attached hereto as Exhibits "A" and "B," respectively. 5. In December, 2010, Defendant had to file a Petition for Special Relief in this matter due to a conflict created by Mother between Father and the child, which resulted in the child calling the police in order to return to her Mother. A copy of that Petition is attached hereto for reference as Exhibit "C." 6. At that time, Father had agreed to let the child go with Mother for one night, and Mother then refused to return the child on December 8t' until December 12`'. Mother had kept the child from school, failed to call her out of school, refused to respond to Father's phone calls, etc. Father then got an Order of Court requiring Mother to return the child. 7. Mother has acted in a pattern of manipulation and parental alienation, which is causing extreme emotional and mental harm to the child. 8. Against Father's permission, Mother gave the child a cell phone. 9. Father has learned that Mother is using the cell phone as a means to text message the child at all hours of the night and other inappropriate times. 10. Father has been informed by both the school and another parent that the child has been using the cell phone to harass other classmates. 11. Father found a photo of he and Mother from a time when they were together, that was texted by Mother to the child's cell phone, with Father blacked out, stating that "looks better." 12. Father also found text messages between the child and a 26 year old local man and is worried about who the child is communicating with by using the cell phone from Mother without being monitored. 13. The child has used the cell phone, at Mother's encouragement, to call the police when she is upset with Father. 14. On Saturday, January 29, 2011, the child climbed. out her window after Father took the cell phone away and threatened to run away. She did this after going into a violent rage, biting Father and trashing her room. 15. Father had to call the police because the child was attempting to run away and acting belligerent. The police are now attune to Mother's and the child's antics and informed the child that Mother will be arrested if the child shows up there, and that the child will either stay with her Father or be taken in for a hospital commitment. 16. Another night last week, when Father had threatened to take the cell phone from child, the police arrived at Father's home at 10:00 pm after the child had been texting with Mother, and Mother called the police to report that Father was "drunk and in a rage," which Mother made up. When the police came, the child requested to go to her Mother's "like last time." 17. In addition to calling the police under false pretenses, Mother has filed false reports with Children & Youth Services, and filed a bogus PFA on behalf of the child which was dismissed, all in a desperate attempt to try to obtain custody of the child. 18. The child has been seeing Maria Stoner, a licensed social worker, for several years off and on. Most recently, Ms. Stoner feels that Mother is endangering the child and attempting to alienate her from Father. Ms. Stoner feels that Mother should not see the child at all due to her manipulation and causing harm to the child. Ms. Stoner's report dated January 17, 2011, is attached hereto as "Exhibit D." 19. The child is under the belief, from her Mother, that when she turns 12 she will be living with Mother and they will be moving away. 20. Father has consulted with a case worker at Children & Youth Services who advises that Mother should not be seeing the child in accordance with Ms. Stoner's recommendation due to Mother's harmful manipulation of the child. 21. Upon information and belief, Mother is not working. Mother is unable to support the child because she has never kept a job. 22. Mother's vehicle does not work and the registration is expired. 23. Father has lived in the same home for approximately eight years. 24. Father has had the same job for approximately eight years. 25. Father has had primary custody of the child for over two years, has provided stability and has the child in counseling with Maria Stoner. 26. The child's counselor believes the child needs to be in Father's custody. 27. When with her Mother, the child often has to "take care of 'her Mother and act as the adult in the relationship. 28. Mother constantly badmouths Father to the child. 29. Mother randomly shows up at Father's residence at times that are not appropriate and not on her periods of custody. 30. Mother has two older children from previous relationships who were both placed into the custody of the state (in the foster program and/or a reform or correctional institution) several years ago. 31. Father fears for the safety and well-being of Sierra and does not want her to end up like Mother's two older children. 32. Mother has not proven that she is capable of raising a child with shared legal and physical custody, or even unsupervised contact for that matter. 33. The best interest and permanent welfare of the child will be served by Mother's contact with the child being only supervised visitation. 34. In 2008, Mother's visitation was restricted by this Court to supervised, with Father supervising the visits. Father requests that visits with Mother now be restricted in duration and frequency and supervised by a social worker or other appropriate professional or agency as Mother made a mockery out of the previous supervision by attempting to hide in public restrooms with the child and sneaking off with her. 35. Mother has manipulated the child into thinking their antics are funny and that the child is in charge and can abuse the system as Mother does. 36. Mother is wasting and abusing the resources of the Court, the law enforcement, the school system, and Father by her continued behavior. 37. Mother has abused and failed to follow any Court Order of Custody for several years, by continually returning the child late and without regard to Father's schedule, or the child's bed time, by relaying messages through the child and thereby causing unnecessary friction between Father and the child, and by initiating arguments with Father in front of the child at exchanges and other times. 38. Mother will often refuse to return calls if they are from Father, and claims that she never has any minutes to talk on her cell phone. 39. Father has done everything in his power to provide the child with a good, stable home and to protect her. 40. Mother seems oblivious to the psychological harm she is causing the child and acts in reckless disregard of the child's best interests. 41. The prior Conciliator in this case was Dawn Sunday, Esquire. 42. The Honorable Kevin A. Hess has signed the prior orders. 43. Mother was represented at the last Conciliation in November, 2008 by Jessica Holst, Esquire, but has been advised by Attorney Holst that she does not represent Mother. WHEREFORE, Defendant/Father requests this Honorable Court restrict Mother's visitation to supervised visits, for two hours every other week, to be supervised by an agency or social worker or other appropriate professional agreed upon by Father, and paid for by Mother, until further Order of Court. MARTS LAW OFFICES By V Jennif . Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Jason Pierre Date: February 1, 2011 VIKKI L. RARICK Plaintiff vs. JASON A. PIERRE Defendant 140V 2 4 2008 C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-3996 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this '26: t- day o 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior Orders of this Court in this matter are vacated and replaced with this Order. 2. The Mother, Vikki L. Rarick, and the Father, Jason A. Pierre, shall have shared legal custody of Sierra J. Pierre, born June 2, 1999. Major decisions concerning the Child including, but not necessarily limited to, her 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. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child on alternating weekends beginning Friday, November 28, 2008, from Friday at 7:00 p.m. through Sunday at 7:00 p.m. In addition, the Mother shall have custody of the Child every Tuesday and Thursday from 6:00 p.m. until 8:00 p.m. EXHIBIT "A" 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In 2008, the Father shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 5:00 p.m. and the Mother shall have custody from Christmas Day at 5:00 p.m. through December 28 at 7:00 p.m. Unless the parties are able to establish other arrangements, the parties shall continue to use this schedule in future years. B. Thanksgiving: In 2008, the Mother shall have custody of the Child on Thanksgiving Day from 8:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 8:00 p.m. Unless the parties are able to establish other holiday custody arrangements, the parties shall follow the same schedule in future years. C. Remaining Holidays: The parties shall share or alternate having custody of the Child on the remaining holidays as arranged by agreement. D. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedules. 6. The parties shall be entitled to have vacation periods of custody with the Child with the dates and duration arranged by agreement between the parties. 7. The parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody, with the exception of the Mother's weekday periods of custody for which the parent relinquishing custody of the Child shall be responsible to provide transportation for the exchange. Unless otherwise agreed between the parties, all exchanges of custody shall take place at each parties' residences. 8. The non-custodial parent shall be entitled to have reasonable, liberal telephone contact with the Child. 9. The parties shall make arrangements for the Child to continue in counseling with her current counselor. 10. Within four (4) months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary, to address issues with regard to the custodial schedule. 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. Y 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 by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, As . lJ-e,ae Kevin A. Hess J. cc: Jennifer L. Spears, Esquire - Counsel for Father Jessica Holst, Esquire - Counsel for Mother rRU-E COPY FROM RECORD Testimony whereof, I here unto set my hanc A the UN of said Court at CO FL ?crthot?ur? VIKKI L. RARICK Plaintiff vs. JASON A. PIERRE Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-3996 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 Sierra J. Pierre June 2, 1999 Father 2. A custody conciliation conference was held on November 17, 2008, with the following individuals in attendance: the Mother, Vikki L. Rarick, with her counsel, Jessica Holst, Esquire, and the Father, Jason A. Pierre, with his counsel, Jennifer L. Spears, Esquire. 3. The parties agreed to entry of an Order in the form as attached. l ? 0260 Date Dawn S. Sunday, Esquire Custody Conciliator F.\FILE= ieag11117i Ms r#w Wk*wdum111371.13 Fie"11371.13.2idpospw t .wpdwe Revised: 14/9/)0 3:01FM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DEC 092010 VIKKI L. RARICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3996 CIVIL ACTION - LAW JASON A. PIERRE, Defendant : IN CUSTODY AND NOW, this 13' day of ja? , 2010, upon consideration of the attached Defendant's Petition for Special Relief. Emergency Custody, it is hereby ORDERED and f+iav" DIRECTED K~? Father, Jason Pierre, has primary physical custody of the child, Sierra J. Pierre, pending a Conciliation Conference and further Order of Court. cc: Xik1d L. Rarick Pro Se Plaintiff essica Holst, Esquire ?fer L. Spears, Esquire For Defendant V Assigned Custody Conciliator c o ? 0 z? Z C 1•- D w a1 -l0 Z x-n zo s o? EXHIBIT "B" BY THE COURT, / Jennifer L. Spears, Esquire ?3 ? Q v -? , MARTSON DEARDORFF WILLIAM S OTTO GILROY & FALLER = ? ? -V M MARTSON LAW OFFICES b ' I.D. 87445 <n z° 10 East High Street c-? 3e T' Carlisle, PA 17013 y c w C?r` (717) 243-3341 Attorneys for Defendant VIKKI L. RARICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3996 CIVIL ACTION - LAW JASON A. PIERRE, Defendant IN CUSTODY DEFENDANT'S PETITION FOR SPECIAL RELIEF: EMERGENCY CUSTODY AND NOW, comes Jason A. Pierre, Defendant, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Petition for Special Relief and avers as follows: 1. Defendant ("Father") is Jason Pierre, an adult individual residing at 44 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff ("Mother) is Vicki L. Rarick, an adult individual whose is currently residing at 7810 Wertzville Road, Carlisle, Cumberland County, Pennsylvania. Mother resides with her boyfriend, Todd, and his friend, Kyle. 3. This Court's Order of November 25, 2008, is in effect with regard to custody of the child and is attached hereto as Exhibit "A". 4. On December 7, 2010, when Mother returned the child after her visitation, she began demanding in front of the child to receive "make-up" visitation for December 9', as the child has a concert at school that evening. 5. Father has repeatedly asked Mother not to discuss custody in front of the child. 6. When Mother refused to stop her demands in front of the child, Father offered her additional time on Mother's next weekend, but also took into account that Mother returned the child 25 minutes late on Thanksgiving. EXHIBIT "C" 7. When Father got the child in his house and Mother left, the child was angry at Father because the Mother had her all worked up. 8. Sierra mouthed off several times to Father, who slapped her on the buttocks twice. The slaps were not excessive and Father believed they were appropriate at the time. 9. Unbeknownst to Father, Sierra then used the cell phone Mother gave her to call the police. 10. The Silver Springs Township police arrived at Father's house and found that Sierra was in no danger. However, to diffuse the tension, they suggested Sierra could stay with Mother for the night and Father agreed. 11. The following day, December 8, 2010, Father attempted to contact Mother no less than a dozen times to get Sierra back. Mother failed to take Sierra to school or return Father's calls. 12. The Silver Springs Township police called Mother twice on December 8' to ascertain Sierra's whereabouts and Mother failed to respond or return the calls. 13. Father had to call the Middlesex Township police to check on Sierra's whereabouts. They found her at her Mother's and advised Father to file this Petition. 14. Mother failed to take Sierra to school again today, December 9, 2010 and did not call the school to inform them she would be absent. She will be unable to participate in her chorus concert tonight as well. 15. Mother has made it known to Father and other family members that she intends to "do whatever it takes" to not return Sierra to Father. 16. Upon information and belief, Mother is not working. Mother is unable to support the child because she has never kept a job. 17. Mother's vehicle does not work and the registration is expired. 18. Father has lived in the same home for approximately eight years. 19. Father has had the same job for approximately eight years. 20. Father has had primary custody of the child for over two years, has provided stability and has the child in counseling with Maria Stoner. 21. The child's counselor believes Sierra needs to be in Father's custody. 22. When with her Mother, the child often has to "take care of her Mother and act as the adult in the relationship. 23. Mother constantly badmouths Father to the child. 24. Mother has two older children from previous relationships who were both placed into the custody of the state (in the foster program and/or a reform or correctional institution) several years ago. 25. Father fears for the safety and well-being of Sierra and does not want her to end up like Mother's two older children. 26. Mother has not proven that she is capable of raising a child with shared legal and physical custody. 27. The best interest and permanent welfare of the child will be served by her being returned to Father's primary custody and resuming the schedule under the current Order. 28. Father requests that this Honorable Court order and direct Mother to return the child to Father immediately, and that the Middlesex Police Department (or other local law enforcement) be ordered to assist with getting the child to Father. 29. The prior Conciliator in this case was Dawn Sunday, Esquire. 30. The Honorable Kevin A. Hess has signed the prior orders. 31. Mother was represented at the last Conciliation in. November, 2008 by Jessica Holst, Esquire. Attorney Holst has advised that her representation was limited to that Conciliation and that she does not presently represent Mother. However, Attorney Holst is being served a courtesy copy of this Petition and Mother is also being served. WHEREFORE, Defendant/Father requests your Honorable Court to order and direct Mother to immediately return the child to Father, and direct local enforcement to assist with the delivery. MARTSON LAW OFFICES By Jenni r L Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Jason Pierre Date: December 9, 2010 CERTIFICATE OF SERVICE I, Shelly R. Brooks, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Defendant's Petition for Special Relief was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Vikki Rarick 7810 Wertzville Road Carlisle, PA 17013 Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 MARTSON LAW OFFICES By She y R. Bro s Ten East Hi treet Carlisle, PA 17013 (717) 243-3341 Dated: December 9, 2010 Y VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. FAMES\CUmte\11371 Metzger WwAwrshem\11371.13 Piwe\I1371.13.2rdpenpecrelid.. MARIA STONER, M.S., L.P.C. 1.39 South Meadow Lane Hunimelstown, PA 17036 (717)143-4477 January 17, 2011 Sierra Pierre minor child of Jason Pierre and Vikki Rarick has been seen in my office since October 9, 2008. I have continued to see Siena, individually for therapy and often included her father for family sessions. Over the last year we have been increasing the time between sessions, as Sierra has seemed to be doing quite well with her father. She no longer tried to inform this therapist about things she thought would sway the court to have her go live with her mother, which seemed to be prompted by things her mother had said to her. Instead she was talking about fun things she had done with her friends, school and fun plans she had with her dad, particularly birthday parties he had planned for her. She seemed well connected to friends and was reported to be doing well at school. When Siena had an accident at school during gym class and experienced injuries to her nose, tooth and mouth, her father called right away to get her in for a therapy session to just make certain she was doing alright with this experience and the upcoming surgery that she was to experience. Mr. Pierre has always shown himself to be a very invested and concerned parent. As things were continuing to go well, therapy sessions were only scheduled one to two months apart with a plan to discontinue therapy if Sierra continued to do well at the beginning of this school year. Unfortunately during our session on September 29, 2011, Sierra seemed to be struggling with some issues, including some over connection with a popular movie. It was decided at that time that therapy should continue and that we should see each other again in a month or so, just to see if Sierra would be able to manage these issues with just a bit of support, or if it would require more intense therapy. Unfortunately within a few months Sierra seemed to be decompensated. She began to struggle more and more with fantasy versus reality with a popular movie was pulled into the school office about some of her behavior and began to be very resistant and isolated from her father. Our therapy sessions have again turned into Sierra trying to convince this therapist how horrible her father is, but with no examples to substantiate her claims. Much of the things she is again saying, are not common from girls her age and seem to be more the influence of someone older. This client seems to believe that at the age of twelve she will be able to pick where she wants to live. This is an example of one statement most children her age have no understanding of without adult influence. Of additional concern is that Sierra has started not to trust this therapist and at times will refuse to speak, particularly if her agenda is not being supported. She has attempted to run away and to involve her friends in creating stories to support her maligning of her father. EXHIBIT "D" P. 2 At this time it is very concerning what Sierra is eapaimcirtg. Her behavior is iodating that she is being highly influcmed to set up bar f dw and to mcaggermae any of his bdmviars, which has created a huge divide in this miatiomhip. This behavior seem to dramatically inceeme after visits with her mother. It also does not appear that her mother is discoura®ittg any of bet extreme fintasy behavior related to a popular movie. 7ba e a concern that if this eoadmien, under the stress Sitars is experiencing that she may have more and mono difficulty telling reality from fantasy. At this time it seems to be in Sierra's best interest for the court to review custody ?. It may be beneficial for Sierra to have supervised visits with bar mother, which may allow a deaease in the stress Siena is experiencing and allow others to make soma that Sierra is not being negatively influenced by her. Children at this ace are greatly influenced by the same gender peraat and tread to believe fiber parent over all others and Sierra is no exception Sincerely, x ms, VC Maria Stoner, M.S., L.P.C. VERIFICATION The foregoing Emergency Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. rte' ? F1 lI7T16"rWdef?a111]T1.13 FWM117T1.ilptiq on A. Pierre wo6ty CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition to Modify Custody was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Vikki Rarick 7810 Wertzville Road Carlisle, PA 17013 Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 MARTSON LAW OFFICES Y is D. Eckem oa Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 1, 2011 FLED-OFFICE CF THE PRO- U?SOT A R Y Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 11 RE 9 _ Z AM 11: 17 MARTSON LAW OFFICES I.D. 87445 CUMBERLAND COUNTY 10 East High Street `'EIS#SYL `8M Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant VIKKI L. RARICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3996 CIVIL ACTION - LAW JASON A. PIERRE, : Defendant IN CUSTODY DEFENDANT'S EMERGENCY PETITION TO MODIFY CUSTODY AND NOW, comes Jason A. Pierre, Defendant, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Emergency Petition to Modify Custody as follows: 1. Defendant ("Father") is Jason Pierre, an adult individual residing at 44 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff ("Mother") is an adult individual who is currently residing at 7810 Wertzville Road, Carlisle, Cumberland County, Pennsylvania. Mother resides with her boyfriend, Todd, and his friend, Kyle. 3. Defendant has custody of the child, Sierra J. Pierre, who was born on June 2, 1999, and seeks to restrict Mother's interaction with the child to supervised visitation only. 4. This Court's prior Orders of November 25, 2008, and December 13, 2010, are in effect with regard to custody of the child and are attached hereto as Exhibits "A" and "B," respectively. 5. In December, 2010, Defendant had to file a Petition for Special Relief in this matter due to a conflict created by Mother between Father and the child, which resulted in the child calling the police in order to return to her Mother. A copy of that Petition is attached hereto for reference as Exhibit "C." 6. At that time, Father had agreed to let the child go with Mother for one night, and Mother then refused to return the child on December 8th until December 12th. Mother had kept the CS) awA3 70.oe?a 2.L,*<y S SR child from school, failed to call her out of school, refused to respond to Father's phone calls, etc. Father then got an Order of Court requiring Mother to return the child. 7. Mother has acted in a pattern of manipulation and parental alienation, which is causing extreme emotional and mental harm to the child. Against Father's permission, Mother gave the child a cell phone. 9. Father has learned that Mother is using the cell phone as a means to text message the child at all hours of the night and other inappropriate times. 10. Father has been informed by both the school and another parent that the child has been using the cell phone to harass other classmates. 11. Father found a photo of he and Mother from a time when they were together, that was texted by Mother to the child's cell phone, with Father blacked out, stating that "looks better." 12. Father also found text messages between the child and a 26 year old local man and is worried about who the child is communicating with by using the cell phone from Mother without being monitored. 13. The child has used the cell phone, at Mother's encouragement, to call the police when she is upset with Father. 14. On Saturday, January 29, 2011, the child climbed out her window after Father took the cell phone away and threatened to run away. She did this after going into a violent rage, biting Father and trashing her room. 15. Father had to call the police because the child was attempting to run away and acting belligerent. The police are now attune to Mother's and the child's antics and informed the child that Mother will be arrested if the child shows up there, and that the child will either stay with her Father or be taken in for a hospital commitment. 16. Another night last week, when Father had threatened to take the cell phone from child, the police arrived at Father's home at 10:00 pm after the child had been texting with Mother, and Mother called the police to report that Father was "drunk and in a rage," which Mother made up. When the police came, the child requested to go to her Mother's "like last time." 17. In addition to calling the police under false pretenses, Mother has filed false reports with Children & Youth Services, and filed a bogus PFA on behalf'of the child which was dismissed, all in a desperate attempt to try to obtain custody of the child. 18. The child has been seeing Maria Stoner, a licensed social worker, for several years off and on. Most recently, Ms. Stoner feels that Mother is endangering the child and attempting to alienate her from Father. Ms. Stoner feels that Mother should not see the child at all due to her manipulation and causing harm to the child. Ms. Stoner's report dated January 17, 2011, is attached hereto as "Exhibit D." 19. The child is under the belief, from her Mother, that when she turns 12 she will be living with Mother and they will be moving away. 20. Father has consulted with a case worker at Children & Youth Services who advises that Mother should not be seeing the child in accordance with Ms. Stoner's recommendation due to Mother's harmful manipulation of the child. 21. Upon information and belief, Mother is not working. Mother is unable to support the child because she has never kept a job. 22. Mother's vehicle does not work and the registration is expired. 23. Father has lived in the same home for approximately eight years. 24. Father has had the same job for approximately eight years. 25. Father has had primary custody of the child for over two years, has provided stability and has the child in counseling with Maria Stoner. 26. The child's counselor believes the child needs to be in Father's custody. 27. When with her Mother, the child often has to "take care of ' her Mother and act as the adult in the relationship. 28. Mother constantly badmouths Father to the child. 29. Mother randomly shows up at Father's residence at times that are not appropriate and not on her periods of custody. 30. Mother has two older children from previous relationships who were both placed into the custody of the state (in the foster program and/or a reform or correctional institution) several years ago. 31. Father fears for the safety and well-being of Sierra and does not want her to end up like Mother's two older children. 32. Mother has not proven that she is capable of raising a child with shared legal and physical custody, or even unsupervised contact for that matter. 33. The best interest and permanent welfare of the child will be served by Mother's contact with the child being only supervised visitation. 34. In 2008, Mother's visitation was restricted by this Court to supervised, with Father supervising the visits. Father requests that visits with Mother now be restricted in duration and frequency and supervised by a social worker or other appropriate professional or agency as Mother made a mockery out of the previous supervision by attempting to hide in public restrooms with the child and sneaking off with her. 35. Mother has manipulated the child into thinking their antics are funny and that the child is in charge and can abuse the system as Mother does. 36. Mother is wasting and abusing the resources of the Court, the law enforcement, the school system, and Father by her continued behavior. 37. Mother has abused and failed to follow any Court Order of Custody for several years, by continually returning the child late and without regard to Father's schedule, or the child's bed time, by relaying messages through the child and thereby causing unnecessary friction between Father and the child, and by initiating arguments with Father in front of the child at exchanges and other times. 38. Mother will often refuse to return calls if they are from Father, and claims that she never has any minutes to talk on her cell phone. 39. Father has done everything in his power to provide the child with a good, stable home and to protect her. 40. Mother seems oblivious to the psychological harm she is causing the child and acts in reckless disregard of the child's best interests. 41. The prior Conciliator in this case was Dawn Sunday, Esquire. 42. The Honorable Kevin A. Hess has signed the prior orders. 43. Mother was represented at the last Conciliation in November, 2008 by Jessica Holst, Esquire, but has been advised by Attorney Holst that she does not represent Mother. WHEREFORE, Defendant/Father requests this Honorable Court restrict Mother's visitation to supervised visits, for two hours every other week, to be supervised by an agency or social worker or other appropriate professional agreed upon by Father, and paid for by Mother, until further Order of Court. MARTSO W OFFICES By , (7VZ Jennifer . Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 I I Attorneys for Defendant Jason Pierre Date: NOV L 4 2008 C VIKKI L. RARICK Plaintiff vs. JASON A. PIERRE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-3996 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 29 "-- day o , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior Orders of this Court in this matter are vacated and replaced with this Order. 2. The Mother, Vikki L. Rarick, and the Father, Jason A. Pierre, shall have shared legal custody of Sierra J. Pierre, born June 2, 1999. Major decisions concerning the Child including, but not necessarily limited to, her 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. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child on alternating weekends beginning Friday, November 28, 2008, from Friday at 7:00 p.m. through Sunday at 7:00 p.m. In addition, the Mother shall have custody of the Child every Tuesday and Thursday from 6:00 p.m. until 8:00 p.m. EXHIBIT "A" 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In 2008, the Father shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 5:00 p.m. and the Mother shall have custody from Christmas Day at 5:00 p.m. through December 28 at 7:00 p.m. Unless the parties are able to establish other arrangements, the parties shall continue to use this schedule in future years. B. Thanksgiving: In 2008, the Mother shall have custody of the Child on Thanksgiving Day from 8:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 8:00 p.m. Unless the parties are able to establish other holiday custody arrangements, the parties shall follow the same schedule in future years. C. Remaining Holidays: The parties shall share or alternate having custody of the Child on the remaining holidays as arranged by agreement. D. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedules. 6. The parties shall be entitled to have vacation periods of custody with the Child with the dates and duration arranged by agreement between the parties. 7. The parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody, with the exception of the Mother's weekday periods of custody for which the parent relinquishing custody of the Child shall be responsible to provide transportation for the exchange. Unless otherwise agreed between the parties, all exchanges of custody shall take place at each parties' residences. 8. The non-custodial parent shall be entitled to have reasonable, liberal telephone contact with the Child. 9. The parties shall make arrangements for the Child to continue in counseling with her current counselor. 10. Within four (4) months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary, to address issues with regard to the custodial schedule. 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 by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, AI 1J 1 L / Kevin A. Hess J. cc: Jennifer L. Spears, Esquire - Counsel for Father Jessica Holst, Esquire - Counsel for Mother TRUE COPY FROM RECORD Testimony whereof, I here unto set my harK CuliWe? f?Y. 'd the No of said Court at .1 zr 24 19, -&441 If law Pratl?onc?tu? VIKKI L. RARICK Plaintiff vs. JASON A. PIERRE Defendant Prior Judge: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-3996 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: follows: 1. The pertinent information concerning the Child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sierra J. Pierre June 2, 1999 Father 2. A custody conciliation conference was held on November 17, 2008, with the following individuals in attendance: the Mother, Vikki L. Rarick, with her counsel, Jessica Holst, Esquire, and the Father, Jason A. Pierre, with his counsel, Jennifer L. Spears, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator PAPI{.L'W ie"11371 MOW Wkk*Vwm%11371.13 Ple"11371.13.2e rdidwpdu& NavbW: 129/10 3:01PM ((( Jennifer L. Spears, Esquire DEC 0 9 2010 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant VDW L. RARICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3996 CIVIL ACTION - LAW JASON A. PIERRE, Defendant IN CUSTODY AND NOW, this 3' day of att... 2010, upon consideration of the attached Defendant's Petition for Special Relief: Emergency Custody, it is hereby ORDERED and DIRECTED K?~ Father, Jason Pierre, has primary physical custody of the child, Sierra J. Pierre, pending a Conciliation Conference and further Order of Court. cc: Xikki L. Rarick Pro Se Plaintiff emica Holst, Esquire ?fer L. Spears, Esquire For Defendant 4 Assigned Custody Conciliator c o 0 -. 0 Mw v M- D W o zo = ? o C N c3r" EXHIBIT "B" BY THE COURT, / 1 C ' 1 Jennifer L. Spears, Esquire ~o ° z MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 5E ? p -v m MARTSON LAW OFFICES cn? mcv I.D. 87445 o 10 East High Street {C1 >n 3 Q Carlisle, PA 17013 =51d _ o rn (717) 243-3341 ?, n Attorneys for Defendant VIYM L. RARICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY , PENNSYLVANIA V. NO. 02-3996 CIVIL ACTION - LAW JASON A. PIERRE, Defendant IN CUSTODY DEFENDANT'S PETITION FOR SPECIAL RELIEF: EMERGENCY CUSTODY AND NOW, comes Jason A. Pierre, Defendant, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Petition for Special Relief and avers as follows: 1. Defendant ("Father") is Jason Pierre, an adult individual residing at 44 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff("Mother') is Vicki L. Rarick, an adult individual whose is currently residing at 7810 Wertzville Road, Carlisle, Cumberland County, Pennsylvania. Mother resides with her boyfriend, Todd, and his friend, Kyle. 3. This Court's Order of November 25, 2008, is in effect with regard to custody of the child and is attached hereto as Exhibit "A". 4. On December 7,20 10, when Mother returned the child after her visitation, she began demanding in front of the child to receive "make-up" visitation for December 9t', as the child has a concert at school that evening. 5. Father has repeatedly asked Mother not to discuss custody in front of the child. 6. When Mother refused to stop her demands in front of the child, Father offered her additional time on Mother's next weekend, but also took into account that Mother returned the child 25 minutes late on Thanksgiving. EXHIBIT "C" 7. When Father got the child in his house and Mother left, the child was angry at Father because the Mother had her all worked up. 8. Sierra mouthed off several times to Father, who slapped her on the buttocks twice. The slaps were not excessive and Father believed they were appropriate at the time. 9. Unbeknownst to Father, Sierra then used the cell phone Mother gave her to call the police. 10. The Silver Springs Township police arrived at Father's house and found that Sierra was in no danger. However, to diffuse the tension, they suggested Sierra could stay with Mother for the night and Father agreed. 11. The following day, December 8, 2010, Father attempted to contact Mother no less than a dozen times to get Sierra back. Mother failed to take Sierra to school or return Father's calls. 12. The Silver Springs Township police called Mother twice on December 8' to ascertain Sierra's whereabouts and Mother failed to respond or return the calls. 13. Father had to call the Middlesex Township police to check on Sierra's whereabouts. They found her at her Mother's and advised Father to file this Petition. 14. Mother failed to take Sierra to school again today, December 9, 2010 and did not call the school to inform them she would be absent. She will be unable to participate in her chorus concert tonight as well. 15. Mother has made it known to Father and other family members that she intends to "do whatever it takes" to not return Sierra to Father. 16. Upon information and belief, Mother is not working. Mother is unable to support the child because she has never kept a job. 17. Mother's vehicle does not work and the registration is expired. 18. Father has lived in the same home for approximately eight years. 19. Father has had the same job for approximately eight years. 20. Father has had primary custody of the child for over two years, has provided stability and has the child in counseling with Maria Stoner. 21. The child's counselor believes Sierra needs to be in Father's custody. 22. When with her Mother, the child often has to "take care of her Mother and act as the adult in the relationship. 23. Mother constantly badmouths Father to the child. 24. Mother has two older children from previous relationships who were both placed into the custody of the state (in the foster program and/or a reform or correctional institution) several years ago. 25. Father fears for the safety and well-being of Sierra and does not want her to end up like Mother's two older children. 26. Mother has not proven that she is capable of raising a child with shared legal and physical custody. 27. The best interest and permanent welfare of the child will be served by her being returned to Father's primary custody and resuming the schedule under the current Order. 28. Father requests that this Honorable Court order and direct Mother to return the child to Father immediately, and that the Middlesex Police Department (or other local law enforcement) be ordered to assist with getting the child to Father. 29. The prior Conciliator in this case was Dawn Sunday, Esquire. 30. The Honorable Kevin A. Hess has signed the prior orders. 31. Mother was represented at the last Conciliation in November, 2008 by Jessica Holst, Esquire. Attorney Holst has advised that her representation was limited to that Conciliation and that she does not presently represent Mother. However, Attorney Holst is being served a courtesy copy of this Petition and Mother is also being served. WHEREFORE, Defendant/Father requests your Honorable Court to order and direct Mother to immediately return the child to Father, and direct local enforcement to assist with the delivery. MARTSON LAW OFFICES r By Jenni r L Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Jason Pierre Date: December 9, 2010 CERTIFICATE OF SERVICE I, Shelly R. Brooks, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Defendant's Petition for Special Relief was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Vikki Rarick 7810 Wertzville Road Carlisle, PA 17013 Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 MARTSON LAW OFFICES By She y R. Br Ten East Hi treet Carlisle, PA 17013 (717) 243-3341 Dated: December 9, 2010 ti VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. F:1Fn.E91CNwtAI1371 Matraa WklraA=U 1371.13 Pk"11371.13.2Adpetepamfief. MARIA STONER, M.S., L.P.C. 139 South Meadow Lane Hummelatown, pA 17036 (717)443-4477 January 17, 2011 Sierra Pierre minor child of Jason Pierre and Vikki Rarick has been seen in my office since October 9, 2008. I have continued to we Siam. individually for therapy and often included her father for family sessions. Over the last year we have been increasing the time between sessions, as Siam has seemed to be doing quite well with her farther. She no longer tried to inform this therapist about things she thought would sway the court to have her go live with her mother, which seemed to be prompted by things her mother had said to her. Instead she was talking about fun things she had done with her friends, school and fun plans she had with her dad, particularly birthday parties he had planned for her. She seemed well connected to friends and was reported to be doing well at school. When Sierra had an accident at school during gym class and experienced injuries to her nose, tooth and mouth, her father called right away to get her in for a therapy session to just make certain she was doing alright with this experience and the upcoming surgery that she was to experience. Mr. Pierre has always shown himself to be a very invested and concerned pmt As things were continuing to go well, therapy sessions were only scheduled one to two months apart with a plan to discontinue therapy if Sierra continued to do well at the beginning of this school year. Unfortunately during our session on September 29, 2011, Sierra seemed to be struggling with some issues, including some over connection with a popular movie. It was decided at that time that therapy should continue and that we should we each other again in a month or so, just to see if Sierra would be able to manage these issues with just a bit of support, or if it would require more intense therapy. Unfortunately within a few months Sierra seemed to be deciompensated. She began to struggle more and more with fantasy versus reality with a popular movie was palled into the school office about some of her behavior and began to be very resistant and isolated from her father. Our therapy sessions have again turned into Sierra trying to convince this therapist how horrible her father is, but with no examples to substantiate her claims. Much of the things she is again saying, are not common from girls her age and seem to be more the influence of someone older. This client seems to believe that at the age of twelve she will be able to pick where she wants to live. This is an example of one statement most children her age have no understanding of without adult influence. Of additional concern is that Sierra has started not to trust this therapist and at times will refuse to speak, particularly if her agenda is not being supported. She has attempted to run away and to involve her friends in creating stories to support her maligning of her father. EXHIBIT "D" P. 2 At this terse it is very concerning Am Sian in experraaciog. Her behavior is iadcing that she is being highly influeooed to set up her father and to exaggerate soy of his behaviors„ whicb has creed a huge divide is this relstioaft. This behavior seems to dmemsficallyincresse dm visits with her mother. h also does not appear that her masher is discomaging say of her extreane hulpy behavior related to a popular movie. Tbere is concern that if this continues, under the spas Siena m king that she may have more snd mom difficulty telling reality ftom faahay At this time it seems to be in Sierra's beat barest for the court to review custody h may be beneficial for Sierra to have supervised visits with her mother, wbich may allow a decvease in the stress Siemer is emmiencing and allow others to make sure that Sian is not being negatively ia8uaroed by her. Children at this ace arse Bread) irr8ae med by the same gander parent and teed to believe that parent over all oihats and Sierra is no excerption. Sincerely, Maria Stoser, M.S., L.P.C. VERIFICATION Jennifer L. Spears, Esquire of the firm of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for Defendant Jason A. Pierre in the within action, certifies that the statements made in the foregoing Emergency Petition to Modify Custody are true and correct to the best of her knowledge, information and belief, based upon information provided by Mr. Pierre. She understands that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Jennifer L. ears, Esquire CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Emergency Petition to Modify Custody was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Vikki Rarick 7810 Wertzville Road Carlisle, PA 17013 Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 MARTSON LAW OFFICES By T . is D. 2cenioaid Ten East h Street Carlisle, PA 17013 (717) 243-3341 Dated: 0,lal/T VIKKI L. RARICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2002-3996 CIVIL ACTION LAW -t JASON A. PIERRE t IN CUSTODY rn ' r`- DF.FFNDANT C) 'S7 < . ORDER OF COURT , M AND NOW, Wednesday, February 09, 2011 , upon consideration of the attached C?mptintFv, 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 Tuesday, March 01, 2011 _ 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. 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, Es q. _ 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 VIKKI L. RARICK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2002-3996 CIVIL ACTION LAW J . '-i•t i1J ? .`. P7 ,, r-ti-3 xas ..,. JASON A. PIERRE Defendant' IN CUSTODY ORDER OF COURT AND NOW, this g' day of 2011, upon consideration of the attached Custo y Conciliation Report, it is ordered and directed as follows: 1. The Mother shall cont ct Alternative Behavior Consultants in Carlisle or other agency which offers supervised visitation, t make arrangements to initiate supervised visitation with the Child and shall contact the Father, using the Father's cell phone, to finalize the visitation schedule. The Father shall cooperate with the Mother in beginning the visitation as soon as possible. 2. The Mother shall obtain information concerning counseling services available through her church and provide the information to the Father. The parties shall cooperate in working to improve their communication and cooperatidn through counseling, if available at a reasonable cost. 3. The Mother shall retain possession of the Child's cell phone during the Father's periods of custody unless otherwise agreed bet een the parties in advance. 4. The Mother shall contact the Child by telephone every Tuesday, Thursday and Sunday at 7:00 p.m. In the event the Father and Child are not at home at the time of the scheduled call, the Father shall ensure that the Child dontacts the Mother at or before 7:00 p.m., using the Father's cell phone. 5. The parties shall conduct all communications between themselves respectfully and in a civil manner. Neither party shall share information received from or through the Child's counselor with the Child. 6. Pending further agreement of the parties or Order of Court, the prior Order of this Court dated February 3, 2011 shall continue in effect with the supervised periods of custody taking place during the available times at the sup rvising agency. 7. After implementing and ollowing the supervised visitation schedule, either party may file a Petition with the Court requesting r view of the custodial arrangements. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modi the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this O der shall control. BY THE COURT, Kevin A.,I bss J. -I cc: Jennifer L. Spears, Esquire Counsel for Father ? Vikki L. Rarick - Mother t nOLI 00pie I ?I 100 VIKKI L. RARICK vs. JASON A. PIERRE IN THE COURT OF COMMON PLEAS OF Plaintiff j CUMBERLAND COUNTY, PENNSYLVANIA 2002-3996 CIVIL ACTION LAW Defendant I : IN CUSTODY Prior Judge: Kevin A. Hess 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 DAT OF BIRTH CURRENTLY IN CUSTODY OF Sierra J. Pierre June, 1999 Father 2. A custody conciliation conference was held on March 1, 2011, with the following individuals in attendance: the Fa er, Jason A. Pierre, with his counsel, Jennifer L. Spears, Esquire. The Mother, Vikki L. Rarick, p cipated in the conference by telephone and is not represented by counsel in this matter. i 3. The parties agreed to ent$ of an Order in the form as attached. i i l'?'1acc acv ? I 04 Date Dawn S. Sunday, Esquire Custody Conciliator