HomeMy WebLinkAbout95-01385
MARTHA VICINSKI,
a.k.a. MARTIE SHEAFFER
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: CUSTODY
I"'
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RICK PANNEBAKER, SR.
and STACIA FERRARI,
a.k.a STACIA HUTCHINSON 13(15
Defendants/Respondents : NO. 95- CIVIL TERM
PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13
Petitioner, Martha Vicinski, by and through her allorneys, The Family Law Clinic,
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petitions this court for special relief pursuant to Pa.R.C.P. 1915.13, specifically for temporary
custody of Rick PaMebaker, Jr. (hereinafter "the child"), born August 24, 1990, to preserve the
status quo, and avers in support thereof as follows:
1. Petitioner is Martha Vicinski, a.k.a. Martie Sheaffer, grandmother of the child,
and plaintiff in this matter.
2. Respondents are Rick PaMebaker, Sr. (hereinafter "father") and Stacia Ferrari,
a.k.a. Stacia Hutchinson, (hereinafter "mother"), who are the natural parents of the child, and
defendants in this matter.
3. Petitioner is this date filing a custody complaint seeking physical and legal custody
of the child, who has essentially lived with her all of his life.
4. On September 16, 1990, father, while intoxicated, stepped on the child's neck.
The child was only a few weeks old at the time of this incident. Father was subsequently
arrested by the Carlisle Police and charged with endangering the welfare of a child. A copy of
the arrest report is attached hereto as Exhibit A, and incorporated herein by reference.
5. Soon thereafter, petitioner was contacted by Cumberland County Children and
Youth Services and asked to take custody of the child due to the father's heavy drinking.
Petitioner agreed to take custody of the child during the second week of September 1990,
6. The subject child is a dependent minor, who lacked proper parental care until
petitioner assumed temporary custody of the child on September 19, 1990, pursuant to a private
agreement among petitioner and respondents, attached hereto as Exhibit B, and incorporated
herein by reference.
7. Since September 19, 1990, petitioner has assumed obligations incident to the
parental relationship and thus meets the status of in loco parentis through the following criteria:
a. Petitioner has assumed parental status by providing a stable home
environment and providing the child with the love and affection of a parent; and
b. Respondents have failed to discharge their parental duties toward the child
through the following:
(I) Father/respondent has not had any contact with the child since
October 1990, nor has he provided any support for the child;
(2) Father/respondent was imprisoned from 1991 to 1995 for simple
assault;
(3) Mother/respondent is not currently providing the child with support,
nor has she expressed interest in assuming parental responsibilities over the child; and
(4) Mother lives next door to petitioner and the child, is not known to
the child as his mother, and concurs with continuation of the child in the grandmother's care and
custody.
. -- .---co....;:. ~
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11. Respondent/mother, Stacia Ferrari, concurs that custody of the child should
remain with petitioner.
WHEREFORE, petitioner respectfully requests this court to grant petitioner's request for
temporary physical custody of Rick Pannebaker, Jr., and thereby preserve the status quo, until
further order of court.
Date yl ~-q~
Patr ck W. Quin
Certified Legal t)
'1?~~o biutJ
THOMAS M. PLACE
ROBERT E. RAINS
LINDA E. FISHER
Supervising Attorney
FAMILY LAW CLINIC
150 South College Street
Carlisle, PA 17013
(717) 240-5204
CARLISLE POLICE OEPr.
.....CIO..." "D.
INITIAL CRIME REPORT
Child Endangerment
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On 9/16/90 at approx 0305 hrs, I, Cpl Barry Walters was dispatched to 11 S Pitt for
some type of disturbance. Upon arrival I observed Rick Pennebaker and Stacia Hutchinson
walking across the intersection at W High and Pitt street. Pennebaker was highly intoxicated
and stumbled on the curb and fell. Ptl Smith then arrived and we determined that Pennebaker
was upset because he thought that a Terry Fahnestock took their infant boy from the apartment.
Pennebaker then walked east on the sidewalk and started to yell and then attempted to overturn
a concrete trash receptacle. He was then placed under arrest and transported to the police
station. Fahnestock was located at High and S Courthouse Ave and he stated that the baby was
still in the apartment. He stated that he moved the baby from one bedroom to another because
Pennebaker, in his drunken stupor stepped on the baby's neck. An arglJ11ent broke out and
all parties left the apartment. After Pennebaker was arrested, Ptl Smith and myself along
with Fahnestock went to the apartment. Stacia was not there and there were several males there
drinking beer. The baby was taken by Ptl Smith and myself to the hospital to be examined.
Baby was examined by Dr Ehly who stated there were no injuries. Fahnestock also stated that
Pennebaker attempted to give the baby beer but was stopped by Hutchinson. Cont...
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CARLISLE POLICE DEPT.
SUPPLEMENT REPORT
Z. FILE CODE
LITEM
Child Endanierment
9/90/2l24
.. n USED AS CONTINUATION SHEET
OF CURRENT REPORT
USED TO REPORT SUPPLEMENTAL
INVESTIGATION
11. STATUS: CJ Unfoundod 12. FURTHER ACTION & REPORT REQUIRED: 13. MULTIPLE CLEAR,UP1: ILia. O'h.lnc:idon.
f3c1.rod CJ No. CI.rod CJ YES 0 CJ YES NOL In Non.,I..' CJ NO
14.NARRA TIVE: In follow.up uugl. record ,II d....opm.ntl lubuqulIn' to 1&11 '.pan. Llrt any ICC"ect Indlor IUIPK1I ~ 'im itlm. Include .rten 'IPO" num
bwI o' penoN ,,.,..tld. Vllu. and dlspoai1ion of rlCO.MId propertv IAttach ProperlY RlCardl. and ..plAln any efte",. In OftensL
7. TYPE REPORT CONTINUED
OR SUPPLEMENTED:
9. NEW OFFENSE IF CHANGED:
3. OFFENSE:
4. NAME OF VICTIM:
xIaoNITIALGRIME
CJ VEHICLE
CJ ARREST
..
10, VALUE RECOVERED PROP. '
ACCUSEO/SUSPECT
Rick Eric Pennebaker
Pennebaker was given an Intoxilyzer test with the results of .229 and .227%.
Diane Rupp, Children and Youth came to the police station. After interviewing Stacia and Marth
Hutchinson, Rupp determined to give the child to the mother on the conditions that she stay
at her mother's house and come into the office on Monday morning. The hospital was notified
to release the baby to the mother.
Pennebaker was taken to OJ Daihl on the charges of Endangering Welfare of C1Iildren ,
Public Drunkenness and Disorderly Conduct. Corrmitted to CCP in lieu of ;'I'jtJdC,". r;....<)
DATE OF REPORT
SUPV. INT.
BADGE NO.
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND: SS.
I verify that the statements made in this Petition for Spedal Relief pursuant to Rule
1915.13 are correct to the best of my personal knowledge and belief. I understand that false
statements herein are made subject to penalties of 18 Pa.C.S.A. fi 4904, relating to unsworn
falsification to authorities.
<: ~S!-.j JJ;;tJ~t-i J./
ARTHA I. VICINSKI .
Date ~ _/6 - 95"
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MARTHA I. VICINSKI,
a,k.a MARTIE SHEAFFER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
RICK PANNEBAKER, SR.
and STACIA FERRARI,
a.k.a STACIA HUTCHINSON,
Defendants
13:;>5
: NO. 95- CIVIL TERM
ORDER OF COURT
AND NOW, this 9 \ ~~ay of \'fIw-, ~ ,1995, upon consideration of the attached
complaint, it is hereby directed that the parties and their respective counsel appear before,
I-\'^b...t 1-, (" Ir.y t~'the conciliator, at l/ r}.. i {o~i' ,Cumberland County Courthouse,
on the~7tl-day of AP';', 1995, at1;,!pAm., 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. Either party may bring the child who is the subject of this custody action to
the conference, but the child/children's attendance is not mandatory. Failure to appear at the
conference may provide grounds for entry of a temporary or permanent order.
AMERICANS WITH DlSABILlTmS ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities 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.
FOR THE .59Y/RT:
By: ~ /Y I>ALGLTyfl...h::;f&'f
Custody ConciliatOr [<12IJ! /
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.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4th Floor
CARLISLE, PA 17013
717/240-6200
The defendants reside with the following persons:
Rick Pannebaker, Sr.:
~
Rita Piper
Michael Pannebaker
Paul Pannebaker
Tina Pannebaker
Stacia Ferrari:
Relatlonshio
mother
son
brother
sister
~
Terry Ferrari
Monroe Ferrari
Relatlonshlo
husband
son
S. The relationship of plaintiff to the child is that of maternal grandmother. The plaintiff
currently resides with the following person:
~ Relationshlo
Patti Hutchinson daughter
Rick Pannebaker, Jr. grandson
6. Plaintiff has not panicipated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another coun.
Plaintiff has no infonnation of a custody proceeding concerning the child pending in a
coun of this Commonwealth,
Plaintiff does not know of a person not a pany to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
7. The best interest and pennanent welfare of the child will be served by granting the
relief requested because:
A. Plaintiff, who is the child's grandmother, stands in loco parentis to the child because
she has assumed obligations incident to the parental relationship through the following:
(1) Plaintiff has been primary caretaker of the child for most of his life by
agreement of all of the parties to this maUer, a copy of which is attached hereto as plaintiffs
Exhibit A and incorporated herein by reference;
(2) Plaintiff proviies the child with a home with adequate moral, emotional and
physical surroundings as required to meet the child's needs;
(3) Plaintiff is willing to accept custody of the child;
(4) Plaintiff continues to exercise parental duties and enjoys the love and affection
of the child; and
B. Defendants have failed to discharge their parental duties toward the child through the
following:
(1) Father only lived with the child for less than one month of his early life,
during which he assaulted the child;
(2) Father has not had any contact with the child since October 1990, nor has he
provided support for the child;
(3) Father was imprisoned from 1991 to 1995 for simple assault;
(4) Mother is not currently providing support for the child, nor has she expressed
interest in assuming parental responsibilities; and
(5) Mother lives next door to plaintiff and the child, is not known to the child
as his mother, and concurs with continuation of the child in the grandmother's care and custody.
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EXHIBIT A
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$8flllo
STACIA FERRARI
'''3'' 'F'rtONT STREET
P~5YtfN~~SPRINGS,PA 17 01
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MARTHA I. VICINSKI,
a.k.a MARTIE SCHEAFFER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL AcrION - LAW
: IN CUSTODY
RICK PANNEBAKER, SR,
and STACIA FERRARI,
a,k,a. STACIA HUTCHINSON,
Defendants
: NO, 95-1385
CML TERM
CERTIFICATE OF SERVICE
I, Patrick W. Quinn, Certified Legal Intern, Family Law Clinic, hereby certify that I
have served a true and correct copy of said Petition for Special Relief and Custody Complaint
on Rick Pannebaker, Sr" residing at Riverside Trailer Court, Lot 27, RD #3, Lewistown, PA
17044, by depositing a copy of the same in the United States mail, certified, restricted delivery,
return receipt requested, postage prepaid, this 22nd day of March, 1995.
a..:
Patrick W. Quinn
Certified Legal Intern
.
f'lA Y L
i995 J~
MARTHA I. VICINSKI,
a.k.a. MARTIE SHEAFFER,
Plaintiff
v
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
:NO. 1385 - CIVIL - 1995
RICK PANNEBAKER, SR.,
AND STACIA FERRARI,
a. k. a. STACIA HUTCHINSON,
Defendants
.
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.
.
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:CIVIL ACTION - CUSTODY
rf/ COURT ORDER
AND NOW, this lS2 day of)m , 1995,
of the attached Custody Conciliat on Report,
directed as follows:
upon consideration
it is ordered and
1. The Maternal Grandmother, Martha I. Vicinski, shall have
legal and physical custody of Rick E. Pannebaker, Jr., born
August 24, 1990.
2. The Mother, Stacia Ferrari, and the Father, Rick E.
Pannebaker, Sr., shall enjoy visitation with the minor child
at such times and under such conditions as the Maternal
Grandmother may set.
3. In the event either parent is dissatisfied with this Order or
desires to modify the Order in the future, that party may
petition the Court to have the case again scheduled before the
Custody Conciliator.
4. Counsel for the Plaintiff shall serve a copy of this Order and
the attached Conciliation Report on the Father and Mother by
regular mail at their last known addresses.
BY THE COURT,
l,t1Jl r; It-
JtJ.te Harold E. ~eelY
cc: Patrick Quinn-Family Law Clinic - ~ ~J.. 5/1S-/QS;.
....1' f.
MARTHA I. VICINSKI,
a.k.a. MARTIE SHEAFFER,
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v
.
.
:NO. 1385 - CIVIL - 1995
RICK PANNEBAKER, SR.,
AND STACIA FERRARI,
a.k.a. STACIA HUTCHINSON,
Defendants
.
.
.
.
.
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.
.
:CIVIL ACTION - CUSTODY
PRIOR JUDGE: JUDGE HAROLD E. SHEELY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
fOllowing report:
1. The pertinent information pertaining to the child who is the
subject of this litigation is as follows:
Rick E. Pannebaker, Jr., born August 24, 1990.
2. A Conciliation Conference was held on April 27, 1995, with the
following individuals in attendance:
The Maternal Grandmother, Martha I. Vicinski, with her
counsel, Patrick Quinn of the Family Law Clinic. Also present
was the Mother, Stacia Ferrari, who appeared without legal
counsel.
3. The minor child has been residing with the Maternal
Grandmother, Martha I. Vicinski, since a few weeks after the
child's birth. The Father has been in jail and was recently
released.
4. The Mother agrees that the Grandmother should have custody.
The Father did not appear at the Conciliation Conference
even though he was served with notice of the Conference on
March 23, 1995.
5. The Conciliator recommends an Order in the form as attached.
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