HomeMy WebLinkAbout87-0083IN THE COURT OF C(iMMON PLEAS OF
C[I~BEP~ COUNt, PENNSYLVANIA
CIVIL ACTICN - LAW
CUSTODY
ROBERT L. HAYS and SANDRAK.
HAYS, his wife,
Plaintiffs
EARL W. REIDRI.¥., JR. ,
Defendant
COMPLAINT FOR CUSTODY
LAW OFFICES
N1ANCKE, LIGHTMAN & WAGNER
2233 NORTH FRONT STREET
HARRISBURG, PA. 17110
ROBERT L. HAYS and
SANDRA K. HAYS, his wife,
Plaintiffs
VS
EARL W. REIDELL, JR. ,
De fendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 83 CIVIL 1987
:
: CUSTODY
ORDER OF COURT
AND NOW, this 16th day of June, 1987, this matter having been called
for a hearing to show cause why Jacqueline Courtney Reidell, born
January 21, 1984, should not be permitted to attend the wedding of her
father, Earl W. Reidell, Jr., on June 20, 1987, the petition of the
natural father is granted.
It further appearing that the maternal grandparents now desire to
cancel their vacation plans and there is no longer any impediment to the
pattern of visitation which has been heretofore established; inasmuch as
said pattern accommodates the attendance of the child at her father's
wedding,
It is ordered and directed that Earl W. Reidell, Jr., shall have
temporary custody of the child, Jacqueline Courtney Reidell, from Friday,
June 19, 1987 at 5:00 o'clock p.m. until Saturday, June 20, 1987, at
6:00 o'clock p.m.
Barbara F. Stein, Esq.
For the Plaintiffs
J. Michael Eakin, Esq.
For the Defendant
:pbl
By the Court,
Kev~.~\A. Hess, J.
JOHN B. MANCKE
P. RICHARD WAGNER
DOUGLAS B. MARCELLO
APRIL L. MCCLAINE
WILLIAM T. TULLY
BARBARA FLUM STEIN
LAW OFFICES
MaNCKE, WAGNER & k~ArCEL10
2233 NORTH fRONT STREET
HARRISBURG. Pa. 171 10
March 12, 1987
AREA CODE 717
234-7051
The Honorable Kevin A. Hess
Judge of Cumberland County
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Re: Hays v. Reidell
No. 83 Civil 1987, Custody
Dear Judge Hess:
The above captioned matter has been set for a hearing
on March 18, 1987, at 1:30 p.m. Michael Eakin, counsel for the
Defendant, has indicated his unavailability, and accordingly,
both parties would request that this matter be postponed.
Ail parties have been undertaking joint counseling
with Dr. Stanley Schneider in an effort to reach a satisfactory
resolution, and it is hoped that the same will be accomplished
so as to avoid the need for a custody hearing. Should
counseling through Dr. Schneider not be successful, I would
suspect that either party will be contacting the Court to
reschedule this matter.
Thank you in advance for your consideration.
Respectfully yours,
MANCKE, WAGNER & MARCELLO
P. Richard Wagner
PRW:rm
cc: J. Michael Eakin, Esq.
Mr. & Mrs. Robert L. Hays
ROBERT L. HAYS and
SANDRA K. HAYS, his wife,
Plaintiffs
vs.
EARL W. REIDELL, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 83 CIVIL 1987
: CIVIL ACTION - LAW
: CUSTODY
ORDER OF COURT
AND NOW, this /FA day of March, 1987, at the request of
counsel for both parties, hearing set for March 18, 1987, at 1:30 p.m.
is continued generally.
BY THE COURT,
P. Richard Wagner, Esquire
For the Plaintiffs
J. Michael Eakin, Esquire
For the Defendant
Kevi~. Hess, J.
:rlm
ROBERT L. HAYS and
SANDRA K. HAYS, his wife,
Plaintiffs
vs.
EARL W. REIDELL, JR. ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
You, EARL W. REIDELL, JR., Defendant, have been sued
in Court to obtain custody, partial custody or visitation of
JACQUELINE COURTNEY REIDELL.
You are ordered to appear in person in Court Room
No. ~, of the Cumberland County Courthouse, Carlisle,
Pennsylvania, on F~c~ l~ , 1987, at l.'~ o'clock
Temporary custody of the child is hereby vested with
the Plaintiff herein subject to reasonable visitation by the
Defendant pending further Order of Court.
If you have the child in your possession or control,
you must appear and bring her to the Courthouse with you. If
you fail to appear as provided by this Order or to bring the
child, an Order for custody, partial custody or visitation may
be entered against you, or the Court may issue a warrant for
your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Phone: Phone (717) 249-1133
BY THE COURT:
Jo
ROBERT L. HAYS and
SANDRA K. HAYS, his wife,
Plaintiffs
vs.
EARL W. REIDELL, JR.,
De fendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
CIVIL ACTION - LAW
CUSTODY
COMPLAINT FOR CUSTODY
AND NOW come the Plaintiffs, ROBERT L. HAYS and SANDRA
K. HAYS, his wife, by and through their Attorneys, MANCKE,
LIGHTMAN & WAGNER, and respectfully represent as follows:
1. Plaintiffs are Robert L. Hays and Sandra K. Hays,
his wife, adult individuals, residing at 4 Crescent Court, New
Cumberland, Cumberland County, Pennsylvania.
2. Defendant is Earl W. Reidell, Jr., an adult
individual, currently residing at 4 Crescent Court, New
Cumberland, Cumberland County, Pennsylvania, having resided at
this address temporarily since reassignment to the Ships Parts
Control Center, Mechanicsburg Naval Depot, Mechanicsburg,
Pennsylvania, and is subject to possible reassignment at any
time.
3. Plaintiffs seek custody of the following child:
Jacqueline Courtney Reidell, born January 21, 1984, presently
residing at 4 Crescent Court, New Cumberland, Cumberland
County, Pennsylvania.
The child was not born out of wedlock.
The child is presently in the custody of the
Plaintiffs herein, who reside at the same address as stated in
paragraph 1 above.
During the past five years, the child has resided with
the following persons and at the following addresses:
Plaintiffs, Robert L. Hays and Sandra K. Hays, 4 Crescent
Court, New Cumberland, Cumberland County, Pennsylvania, from
birth until the present, with the exception of a two-month
period of time in May and June of 1986, when the child and the
natural mother resided at 211 Market Street, New Cumberland,
Pennsylvania. The child resided with the Plaintiffs and
natural mother until September 20, 1986, when the natural
mother was deceased. Since November 14, 1986, until present,
the Defendant has also resided with the Plaintiffs and the
child.
4. The mother of the child is Sherri L. (Hays)
Reidell, who is deceased, having died on September 20, 1986, in
a car accident. She was separated at the time of her demise
from the Defendant herein.
The father of the child is the Defendant, Earl W.
Reidell, Jr., who currently resides at 4 Crescent Court, New
Cumberland, Pennsylvania, but is in the military service of the
Navy and is temporarily reassigned to the Ships Parts Control
Center at the Mechanicsburg Naval Depot, having prior thereto
been aboard the USS Carl Sea.
5. The relationship of Plaintiffs to the child is
that of natural maternal grandparents. The Plaintiffs
currently reside at the address contained in paragraph 1, along
with the child, and periodically the Defendant resides at that
address.
6. The relationship of Defendant to the child is that
of natural father, who currently maintains an address with the
Plaintiffs, but periodically spends nights at addresses
specifically unknown to the Plaintiffs.
7. Plaintiffs have not participated as a party or
witness, or in another capacity, in other litigation concerning
the custody of the child in this or another Court.
Plaintiffs have no information of a custody proceeding
concerning the child pending in a Court of this Commonwealth.
Plaintiffs do not know of a person not a party to the
proceedings who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
8. The best interest and permanent welfare of the
child will be served by granting the relief requested,
because:
(a) Since the birth of the child, the child has
resided with the Plaintiffs herein, who are the natural
maternal grandparents of the child.
(b) The natural mother of the child, who is now
deceased, likewise resided with the Plaintiffs herein, along
with the child.
(c) The natural father, Defendant herein, has not
resided since birth with the child, and resided only with his
late wife for a period of one week after marriage.
(d) The child does not know, nor is she familiar with
the Defendant as being her natural father, and is further not
accustomed to nor comfortable with the Defendant.
(e) The Defendant herein has engaged in conduct
indicating a lack of responsbility towards the child, including
Dot residing with the child since birth; stopping child support
at one point; irresponsibly handling financial affairs;
engaging in intoxicants; being incarcerated at one point for
the commissions of a crime; and otherwise, during his brief
return, exposing the child to persons and environments which
are not conducive to the best interest of the child.
(f) the Plaintiffs herein have undertaken counselling
with the child. It is believed and therefore averred that an
evaluation of the child indicates that the best interest of the
child is at the present time served by having custody of the
child placed with the Plaintiffs.
(g) Since return of the natural father, Defendant
herein, the child has exhibited severe emotional and traumatic
outbursts and further indicated a lack of desire to be with the
Defendant while alone.
(h) Otherwise, the Plaintiffs herein can serve the
best interest and general well-being of the child.
9. Each person whose parental rights of the child
have been named in this Complaint.
10. Plaintiffs believe and therefore aver that the
Defendant may attempt to unilaterally remove the child from her
present residence, which move Plaintiffs have been advised by
the counsellor would be extremely detrimental to the present
health and well-being of the child. Plaintiffs request the
Court to grant temporary leave in the form of custodial rights
pending the disposition of this Complaint.
WHEREFORE, Plaintiffs request this Honorable Court to
enter an Order granting custody of the child to the Plaintiffs,
and further granting Plaintiffs temporary leave in the form of
custodial rights pending the disposition of this Complaint.
RESPECTFULLY SUBMITTED:
p~..~ Ri~ch~rd Wagner, Esq.
MANCKE, LIGHTMAN & WAGNER
2233 North Front Street
Harrisburg, Pennsylvania
Phone: (717) 234-7051
ATTORNEY FOR PLAINTIFFS
17110
true and eorrec't, I unders'tand 'that false sta'tement;; he'l.~e:i.l'l ;l'r~ lu~ld(~
:~ubjec'~ '~o :he penalUies of 18 Pa,C,S, § 4904, rela'~ing '~o unsworn
fa].sifica~ion to a'u'ghori':ies.
In the Court of Common Plea~
of Cumberland County, Pa.
No. 83 Civil 1987
In Custody
ROBERT L. HAYS and
SANDRA K. HAYS, his wife,
Plaintiffs,
Ye
EARL W. REIDELL, JR.,
Defendant
PETITION AND
ORDER OF COURT
EAKIN & EAKIN
ATTORNEYS AT LAW
MARKET BCIUARE BUILDING
MEP-HANIE:SBURG, PA. 17055
ROBERT L. HAYS and
SANDRA K. HAYS, his wife,
Plaintiffs,
EARL W. REIDELL, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 83 CIVIL 1987
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of ~-c~_~_ , 1987,
a Rule is issued upon Plaintiffs to show cause why the child,
Jacqueline Reidell, should not be permitted to attend the wedding
of her father June 20, 1987, pursuant to a grant of temporary
custody.
By the Court,
ROBERT L. HAYS and
SANDRA K. HAYS, his wife,
Plaintiffs,
EARL W. REIDELL, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 83 CIVIL 1987
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of.. ~.~_
a Hearing on the issue of custody is set for
the lO~ day of ~~ , 1987, at
~_. M., in Court Room No. ~
, 1987,
~'~ o'clock,
Cumberland County Court
House, Carlisle, Pennsylvania.
By the Court,
/
ROBERT L. HAYS and
SANDRA K. HAYS, his wife,
Plaintiffs,
EARL W. REIDELL, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 83 CIVIL 1987
CIVIL ACTION - LAW
IN CUSTODY
PETITION
COUNT I
1. A Complaint for Custody in the above-captioned mat-
ter was filed January 14, 1987.
2. The matter was continued generally without Hearing
at the request of the parties, anticipating an amicable resolu-
tion.
3. The Plaintiffs are the parents of the natural
mother of the child; the Defendant is the natural father of the
child. The natural mother is deceased.
4. Defendant plans to marry on June 20, 1987.
5. The Plaintiffs, granted temporary custody by the
Court without Hearing, have refused to allow Defendant's daughter
to attend said wedding.
6. It is in the best interest of the child to be
present at the marriage of her natural father.
-1-
WHEREFORE, Defendant respectfully requests the Court
to grant him temporary custody of the child on June 20, 1987.
COUNT II
7. The parties have undergone counseling with Stanley
Schneider, who is attempting to facilitate a permanent custody
situation between the parties and the child.
cus to dy.
8. The parties are unable to agree on a schedule of
9. It is in the best interest of the child that her
natural father be granted primary physical and legal custody,
subject to a reasonable period of transition from the present
situation~.
10. It is in the best interest of the child that the
parameters of transition be set forth.
WHEREFORE, the Defendant respectfully requests your
Honorable Court to set a Hearing to establish general parameters
for a period of transition of custody.
Respectfully submitted,
J. Mi~ha'~i ~Eakin
Attorney for Defendant
-2-
I verify that the statements made in the foregoing
Petition are true and correct. I understand that false state-
ments herein are made subject to the penalties of 18 Pa. C. S.
4904, relating to unsworn falsification to authoritites.
Dated: June ~ , 1987
-3-
ROBERT L. HAYS and
SANDRA K. HAYS, his wife,
Plaintiffs
vs
EARL W. REIDELL, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 83 CIVIL 1987
CIVIL ACTION - LAW
CUSTODY
IN RE:
PETITION FOR TEMPORARY CUSTODY
BEFORE THE HONORABLE KEVIN A. HESS, JUDGE
JUNE 16, 1987
APPEARANCES
Robert & Sandra Hays
Barbara Flum Stein, Esq.
Earl W. Reidell, Jr.
j. Michael Eakin, Esq.
Plaintiffs/Respondents
For the Plaintiffs
Defendant/Petitioner
For the Defendant
83 Civil 1987
FOR THE PETITIONER
Earl W. Reidell, Jr.
INDEX TO WITNESSES
DIRECT CROSS
REDIRECT
3 10 12
RECRO S S
COURT
13
FOR THE RESPONDENT
Robert L. Hays
17 24 29
30
Jacqueline Reidell
33
2
83 Civil 1987
THE COURT: The record should reflect I
chambers and I understand the issues involved.
to go ahead.
June 16, 1987
Carlisle, Pennsylvania
met with counsel in
Mr. Eakin, do you want
EARL W. REIDELL, JR.
having been duly sworn, accord-
ing to law, testified as follows:
BY MR. EAKIN:
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
DIRECT EXAMINATION
Will you state your full name, please?
Earl W. Reidell, Jr.
Where do you live, Mr. Reidell?
I live at 113 Woerster Avenue, Apartment 6, Harrisburg.
Where do you work?
I work at Mechanicsburg Ships Parts Control Center.
Are you in the Navy?
Yes, sir.
What is your rank there?
I am a Machinist Mate Third Class, E-4, Petty Officer.
Do you have a daughter?
Yes, I do.
3
83 Civil 1987
Q. What is her name?
A. Jacqueline Courtney Reidell.
Q. What is her date of birth?
A. January 21, 1984.
Q. Is the natural mother of the child deceased?
A. Yes, she is.
Q. And did she die about nine months ago?
A. Yes.
Q.
ao
area?
A.
Q.
At the time is it correct that the natural mother and your
daughter were living with her mother and father?
That' s correct.
And is that Mr. and Mrs. Hays, who are here?
Yes, sir.
And where were you at the time?
I was in Norfolk, Virginia.
Is that where you were stationed?
I was stationed on the U.S.S. Coral Sea.
Following the death of the child's mother did you return to this
Yes, I did.
And have you been seeking to reestablish your ties with your
daughter?
4
83 Civil 1987
MS. STEIN: Your Honor, I am going to object to this line of question-
It is a leading form of question.
Overruled.
ing.
THE COURT:
BY MR. EAKIN:
Q.
since?
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
Go ahead, are you trying to reestablish ties with your daughter
Yes, I have been trying to.
Are you planning to remarry?
Yes, I am.
And to whom are you getting married?
Barbara Ann Markowitz.
And is that the lady seated to my right?
Yes, sir.
Is it correct that she is pregnant with your child at the present?
Yes, it is.
And what date have you selected for the wedding?
June 20, 1987.
Do you recall when you picked that date?
About a month and a half, two months ago.
Do you recall when you first alerted Mr. and Mrs. Hays to the
date yourself?
A. About two or three weeks ago.
83 Civil 1987
Q. Did you do so at a counseling session?
A. Yes, I did.
Q. And before whom was your counseling session?
A. D~. Schneider.
Q. Have you been seeing him in connection with the Hays and your
daughter for several months?
A. Yes, I have.
Q. Had you set the date before then?
A. Yes, I have.
Q. When you told th~n the date what reaction did you get?
A. -They told me that I couldn't have my daughter in the wedding
because they were planning on going on vacation that week.
They were going to vacation when?
They said that they were going on vacation from June 18 to the
A.
23rd.
Q.
A.
Q.
A.
Was that the first you had heard about that vacation?
No, it wasn't.
When had you first heard about that vacation?
One night I took Jackie home and they informed me that that
Monday following that I wasn't going to be able to pick her up because
she had an appointment and for some reason the date of June 20th was
separately said that I was not going to have Jack~, and they said I was
6
83 Civil 1987
not going to have Jackie from the 18th to the 23rd.
Q. Do you recall when this Monday night was, how long before your
session with Dr. Schneider?
A. I guess it was about a week, week and a half, two weeks, some-
thing like that.
Q. Had you set the June 20th date for the wedding at that time?
A. It was set before that time.
Q. So you had already set the 20th?
A. Yes.
Q. Was there any discussion between you and the Hays at that point
about your getting married?
A. Before we talked?
Q. I'm talking about this Monday night or so, a week before the
session.
A. No, I had never said nothing to them about it.
Q. Had they said anything to you about your getting married?
A. No, they didn't.
Q. Had they asked questions about it of you?
A. No, they haven't.
Q. How did this discussion about the 20th come up? Who said what?
A. Well, when it was told to me it was told that I was not going
to have Jackie on the 20th.
83 Civil 1987
20th?
A.
Q.
A.
Q.
A.
Q.
wedding?
A.
Q.
A.
Q.
A.
Was that date specifically mentioned?
Yes, it was.
And you had already set that as your wedding date?
Yes, it was.
But you hadn't told them?
No, I didn't.
Did you tell them then, that night, when you heard that?
No, not that night I didn't.
What are your wedding plans? What time is your service on the
It's going to be at two o'clock.
And where is it going to be?
At Olivet Presbyterian Church in Harrisburg.
Is there a rehersal for the wedding?
Yes, Friday night before, at 6:30.
Is it your desire to have your daughter participate in the
Yes, it is.
In what capacity? What would she do in the wedding?
She would be a flowergirl.
Have you requested the Hays to allow her to participate?
Yes, I did.
8
83 Civil 1987
Q. What was their reaction?
A. They said that they already have plans to go away, until they
found out what the date was; then they said that I planned it out that
it was nine months to the date Sherry died.
Q. In other words, her death would be nine months exactly before
the wedding?
A. Yes.
Q. They said that?
A. Yes.
Q. Did you realize that before?
A. Not at the time I didn't, until it was set.
Q. Did that have any bearing on your setting the wedding date?
A. No.
Q. Did the Hays consult you before setting their vacation date?
A. No, they didn't.
Q. If they were not on vacation would you anticipate having the
child during that period anyhow?
A. Yes.
Q. Did they tell you where they' re going in Virginia?
A. No, they just...
(Because of the construction noise adjacent to Courtroom No. 1 the
hearing was recessed and reconvened in the courtroom of the Historic
Courthouse. )
9
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