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HomeMy WebLinkAbout05-3952DANIEL S. REARICK, Plaintiff V5. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. os • 3 9 Sz et:L;-4 -Fe-1. EVAN S. REARICK, Defendant IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, DANIEL S. REARICK, by his attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is DANIEL S. REARICK, an adult individual who resides at 403 Cascade Road in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is EVAN S. REARICK, an adult individual who resides at 245 Plaza Drive in Boiling Springs, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife, having been married on 1 November 2003 in Mechanicsburg, Pennsylvania. 4. The Plaintiff and Defendant are the parents of one minor children, Seth Daniel Rearick, age 1, born 20 April 2004. 5. Plaintiff seeks an award of primary or equally shared physical and legal custody of the child. 6. The child was not born out of wedlock and at the time of this Complaint, the child resides with both parents at the marital residence and in the joint legal and physical custody of both parents. 7. Since the birth of the child, the minor child has resided with the following people at the following addresses: From birth to mid June 2005 Plaintiff & Defendant 403 Cascade Road Mechanicsburg, PA Mid June 2005 to present Defendant 245 Plaza Drive Boiling Springs, PA 8. The father of the child is the Plaintiff who resides at the address set out above. He is married to the Defendant. 9. The mother of the child is the Defendant who resides at the address set out above. She is married to the Plaintiff. 10. The Plaintiff is the natural father of the child . Plaintiff currently resides with his parents, John and Cynthia Rearick at the address listed above. 11. The Defendant is the natural mother of the child. Defendant currently resides alone except for the child when he is in her custody at the address listed above. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the child in this or any other court. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said child. 13. The best interests and permanent welfare of the child will be served by granting the relief requested by Plaintiff for the following reasons: A. He has been extensively involved in the child's life and the care of the child since the child's birth. B. Although Plaintiff works full time, the Defendant is a full time student and Plaintiff has as much time available to participate in the care of the child as does the Defendant. C. The Defendant removed the child from Plaintiff's joint custody, and from the parties' home with Plaintiff's parents without Plaintiff's consent or advanced knowledge. D. The best interest of the child will be served by the child spending substantial periods of time with each parent and Plaintiff is better able to accommodate that kind of contact. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, asks this court to award the parties shared legal custody and to award him primary, or equally shared, physical custody of the child. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). r Date: ?- kqoo,? ' A IEL iA I 1 na `; :1' -r? "b - -i ?S' ' ry ? ,. _ V. ? C ? ? v ? ?1 _ ? ? ^?' c _ r' 's cv ?? DANIEL S. REARICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. EVAN S. REARICK DEFENDANT 05-3952 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 08, 2005 , 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 Tuesday, September 13, 2005 at 11:30 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 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/ Dawn S. Sunda 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 VINVAIASNN3d AlNfy+"t'? nr„ti'"ti?WO 8 Q =Z tad b- snv SOOZ AWIONOHIOW 341 d0 rwo-apw ,,RECEIVED SEP 15 2005 DANIEL S. REARICK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 05-3452 CIVIL ACTION LAW EVAN S. REARICK Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2-U day of 2005, upon consideration of the attached Custody Conciliation Repo < it-is rdered and directed as follows: 1. The Father, Daniel S. Rearick, and the Mother, Evan S. Rearick, shall have shared legal custody of Seth Daniel Rearick, born April 20, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terns of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. schedule: The parties shall share having physical custody of the Child in accordance with the following A. The Father shall have custody of the Child every week from Tuesday after work through Thursday morning and on alternating weekends from Friday after work through Monday morning. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father in the preceding paragraph. 3. The parties shall share having custody of the Child on holidays with the specific times and dates to be arranged by agreement between the parties. 4. Each party shall be entitled to have custody of the Child for two non-consecutive weeks each year upon providing at least 30 days advance notice to the other parent. The parent providing notice first under this provision shall be entitled to preference on his or her selection of vacation dates. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the Child's daycare. 6. 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. 7. 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, "/" cc: ®uel L. Andes, Esquire - Counsel for Father --Andrew C. Sheely, Esquire - Counsel for Mother V - OR Q DANIEL S. REARICK Plaintiff VS. EVAN REARICK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-3952 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 Seth Daniel Rearick April 20, 2004 Mother&ather 2. A conciliation conference was held on September 13, 2005, with the following individuals in attendance: The Father, Daniel S. Rearick, with his counsel, Samuel L. Andes, Esquire, and the Mother, Evan S. Rearick, with her counsel, Andrew C. Sheely, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date ' Dawn S. Sunday, Esquire Custody Conciliator DANIEL S. REARICK, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW NO. 05-3952 EVAN S. REARICK, ) Defendant ) IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW comes Daniel S. Rearick, by his attorney, Samuel L. Andes, and petitions the court to modify its prior order of custody in this matter, based upon the following: 1. The Petitioner herein is Daniel S. Rearick who resides at 861 West Foxcroft Drive in Camp Hill, Cumberland County, Pennsylvania. 2. The Respondent herein is Evan S. Rearick an adult female who resides at 142 Spring Road in Dillsburg, York County, Pennsylvania. 3. Petitioner and Respondent are formerly husband and wife and are the parents of one minor child: Seth Daniel Rearick, now age 4, born 20 April 2004. 4. The parties' child is the subject of a prior order entered in this case, a copy of which is attached hereto and marked as EXHIBIT A. That order awarded shared legal and physical custody to Petitioner and Respondent. 5. Petitioner seeks a modification of the prior order to award him primary physical custody of the child. He believes such a modification is in the best interest of the child, for the following reasons: A. Respondent does not provide a suitable or stable home for the child and, by her conduct, has demonstrated that she is not able to provide properly for the child's emotional, physical, and personal needs. B. Petitioner can provide a stable home for the child and meet the child's personal, emotional, and physical needs far better than can Respondent. C. Respondent's care for the child has been inadequate and improper and the child has demonstrated problems and difficulties as a result of the lack of proper care he receives while in Respondent's care. 6. Petitioner believes it is in the child's best interest that Petitioner be awarded primary physical custody of the child and that the child live primarily in his home and in his care. WHEREFORE, Petitioner prays this court to modify its prior order of custody to award the parties shared legal custody and award Petitioner primary physical custody of the minor child Seth Daniel Rearick, born 20 April 2004. Samuel L. Andes Attorney for Plaintiff Supreme Court ID# 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: +? EXHIBIT A RECEIVED SEP 15 20 DANIEL S. REARICK Plaintiff vs. EVAN S. REARICK Defendant IN THE COURT OF COMMON PLEAS O CUMBERLAND COUNTY, PENNSYLVANIA 05-3952 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND 1'ti(lrW, this day of J 1r,111 ffYL?? ) , 2005, upon consideration of the attached Custody Conciliation Repo it is ordered and directed as follows: 1. The Father, Daniel S. Rearck, and the Mother, Evan S. Rearick, shall have shared legal custody of Seth Daniel Rearick, born April 20, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion, Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall share having physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child every week from Tuesday after work through Thursday morning and on alternating weekends from Friday after work through Monday morning. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father in the preceding paragraph. 3. The parties shall share having custody of the Child on holidays with the specific times and dates to be arranged by agreement between the parties. 4. Each party shall be entitled to have custody of the Child for two non-consecutive weeks each year upon providing at least 30 days advance notice to the other parent. The parent providing notice first under this provision shall be entitled to preference on his or her selection of vacation dates.. 5; Unless otherwise agreed between the parties, all exchanges of custody shall take place at the Child's daycare. 6. 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. 7. 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, cc: Samuel L. Andes, Esquire - Counsel for Father Andrew C. Sh.eely, Esquire - Counsel for Mother r? ad, In Tesrr;, . 1 ,r(i L:r';c G, r my h and Ca€?i•leE Pa. ?? t, : DANIEL S. REARICK Plaintiff V& EVAN REARICK Defendant IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY, PENN- SYLVAN. IA 05-3952 CIVIL. ACTION LAS" IN CUSTODY CUSTODY CONCILIATION SUMMARY RETORT 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 D TE'OF BIRTH CURRENTLY IN CUSTODY OF Seth Daniel Rearick, April 20, 2004 Mother/Father 2. A conciliation confcrence was held on September 13, 2005, with the following individuals in. attendance: The Father, Daniel S. Rearick, with his counsel, Samuel L. Andes, Esquire, and the .Mother, Evan S. Rearick, with her counsel, Andrew C. Sheely, Esquire, 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator 1? i 3 DANIEL S. REARICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. EVAN S. REARICK DEFENDANT 2005-3952 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 22, 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 Tuesday, February 24, 2009 at 9:00 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. Sunda Es . 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 /"w li4v r 6RZ 'o- cr.! ?a? e?1 MAR ' 0 2009e DANIEL S. REARICK Plaintiff vs. EVAN S. REARICK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-3952 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this j6- day of , 2009, upon consideration of the attached Custody Conciliation Repo , it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 01 on the __ day of 2009, atI 30 o'clock j in., at which time testimony will bd oaken. For purposes of the hearing, the Father, Daniel S. Rearick, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the hearing date. 2. The parties agree that the Child shall be enrolled for the 2009-2010 school year in the West Shore School District where the Father currently resides. The parties shall continue to discuss whether the Child will attend the TLC Program or the school latchkey program for before and after school care. BY Edgar B. Bayley i cc: S uel L. Andes, Esquire - Counsel for Father -`Andrew C. Sheely, Esquire - Counsel for Mother l.0 t ?S' m ? t C?cl? .3?Gtol ? J. cli ce) C Ili s ?u . t ^ i? Ll- m N 3 C . DANIEL S. REARICK Plaintiff vs. EVAN S. REARICK Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-3952 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 Seth Daniel Rearick April 20, 2004 Father/Mother 2. A custody conciliation conference was held on February 26, 2009, with the following individuals in attendance: the Father, Daniel S. Rearick, with his counsel, Samuel L. Andes, Esquire, and the Mother, Evan S. Rearick, with her counsel, Andrew C. Sheely, Esquire. 3. This Court previously entered an Order in this matter on September 20, 2005 under which the parties had shared legal and physical custody of the Child on a split weekly basis. The Father filed this Petition for Modification seeking primary physical custody of the Child. As the Father's main allegations concern drug issues in the Mother's household which the Mother adamantly denies, it will be necessary to schedule an evidentiary hearing so that the Court can assess the credibility of the witnesses. The parties were able to reach an agreement on other issues concerning the Child such as selection of the school district for the 2009-2010 school year when the Child begins kindergarten. 4. The Father's position on custody is as follows: The Father believes it would be in the Child's best interest to reside primarily with him due to the Father's belief that there is drug use and possibly dealing occurring in the Mother's household. In addition, the Father expressed concerns about the stability of the Mother's relationship with her boyfriend and their housing arrangements. R 5. The Mother's position on custody is as follows: The Mother adamantly denies drug use or dealing in her household and feels that the Father has obtained false information from her family members with whom she is presently in conflict. The Mother does not believe it would be in the Child's best interest to change the shared custody schedule. 6. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter and reflecting the school arrangements to which the parties agreed at the conference. It is anticipated that the hearing will require at least one-half day. -(-yn a6, a 002- _ Date Dawn S. Sunday, Esqui Custody Conciliator DANIEL S. REARICK, vs. EVAN S. REARICK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3952 IN CUSTODY ORDER OF COURT AND NOW, this day of , 2009, upon the agreement of the parties as reported to the court by their counsel, we hereby order and decree as follows: 1. All prior orders in this case are hereby vacated and replaced with this order. 2. Plaintiff Daniel S. Rearick ("Father") and the Defendant Evan S. Rearick ("Mother") shall share legal custody of their son Seth Daniel Rearick, bom April 20, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, decisions regarding his health, education, and religion. Further, each parent shall be entitled to full access to all records and information pertaining to the child including, but not limited to, school and medical records and information. 3. Father and Mother shall share physical custody of the said child on an equal basis, by alternating weeks of physical custody. The time of exchange will be each Sunday morning at 9:00 a.m., with the parent surrendering custody transporting the child 'to the home of the parent commencing his or her week of physical custody. 4. The parties shall share physical custody of the child on major holiday vacations, with the specific details of such holiday schedules to be arranged by mutual agreement of the parties. 5. Each parent shall be entitled to two full, by consecutive, weeks of custody during the child's summer school vacation. Each parent's two weeks of vacation custody shall include one of their regularly-scheduled weeks of custody pursuant to Paragraph 3 hereof. Each parent shall give the other a minimum of thirty (30) days written notice in advance of their exercise of the vacation custody and the parent giving such notice first shall be entitled to the time requested in the event of a conflict. A.- 6. The child shall attend the West Shore School District with Father's residence listed as the child's residence for purposes of school attendance. 7. Neither parent shall consume or possess illegal drugs or consume legal drugs or alcohol to the point of intoxication while the child is in their custody or under their control. Further, neither parent shall possess illegal drugs or allow drugs in the home where the child is with them, at any time and both parents will take all reasonable steps to avoid the child having contact with any person possession or using illegal drugs. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) I 525 North 12"' Street, P.O. Box 168, Lemoyne, PA 17043 Andrew C. Sheely, Esquire (Attorney for Defendant) 127 S. Market Street, P.O. Box 95, Mechanicsburg, PA 17055 i "'"S"Nye lr! 6 ``? :? I'M 0 £ 8VII 6601 Daniel S Rearick, In the Court of Common Pleas Plaintiff Cumberland County, Pennsylvania V Number 05-3952 Evan S Rearick, Civil Action - Law Defendant In Custody ORDER OF COURT AND NOW, this / day of 2012, upon review and consideration of Plaintiffs Petition To Modify Custody Pursuant To Pa. R.C.P. 1915.7 And Enter The May 19, 2012, Custody Stipulation As An Order Of Court, IT IS HEREBY; ORDERED THAT: The parties May 19, 2012, Stipulation between the parties is entered as an Order of Court. BY THE COURT: J DISTRIBUTION: V Evan S Rearick Esquire James A Miller ,