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HomeMy WebLinkAbout02-3996VIKKI L RARICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02 - T'YgP CIVIL TERM JASON A. PIERRE, CIVIL ACTION - LAW Defendant CUSTODY ACTION CUSTODY COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Vikki L. Rarick residing at 526 Salmon Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Jason A. Pierre who resides at 105 Whisler Road, Etters, York County, Pennsylvania 17319. 3. Plaintiff seeks joint legal custody and primary physical custody of the following child: NAME PRESENT RESIDENCE DOB Sierra Jaelynn Pierre 526 Salmon Road 06/02/99 The child was not born in wedlock. The child is presently in the physical custody of Vikki L. Rarick who resides at 526 Salmon Road, Mechanicsburg, Pennsylvania. The child has resided with the following persons and at the following addresses: Person Address Date Mother 526 Salmon Road last 2 years Mechanicsburg, PA The mother of the child is Vikki L. Rarick who currently resides at 526 Salmon Road, Mechanicsburg, PA 17050. She is not married. The father of the child is Jason A. Pierre who lives at 105 Whisler Road, Etters, Pennsylvania 17319. He is not married. 9. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently res ides with the follow ing persons: Name Relationshi2 Sierra Jaelynn Pierre Daughter Michael Thomas Friend Jessica & Rosalynn Rarick Daughters 5. The relationship of Defendant to the child is that of father. The Defendant currently resides with his brother. 6. Neither party has participated as a party or witness, or in anothe r capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff does 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff can properly care for her child. B. Plaintiff can provide a loving home. 2 8. 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, Plaintiff requests this Honorable Court to grant her joint legal custody and primary physical custody of her child, subject to defendant's right to liberal periods of partial custody. Respectfully submitted, Thomas D. Gould, Esquire ID #36508 2 E. Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I, Vikki L. Rarick, hereby certify that the foregoing CUSTODY COMPLAINT is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: I q O? ?1La " > V I 1+) not', cig Vikki L. Rarick Plaintiff 3 ?.. k. aq ? O J (, ? C^ V , ? ` U? f7 ?- (?} -ry ? -'1 ??i "? 1_ .?L J.) s` {V -?C7 e?,. ?C:' ?"'??i M s VIKKI L. RARICK, Plaintiff, V. JASON A. PIERRE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 02-3996 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION `PETITION TO MODIFY CUSTODY AND NOW, this ~ day of April, 2004, the Petition, Jason A. Pierre, by and through his attorney, Andrew C. Spears, Esquire, and the law firm of Metzger, Wickersham, Knauss & Erb, P.C., files the within Petition of which the following is a statement: Petitioner is Defendant Jason A. Pierre (hereinafter "Father"), natural father of the following Minor Child: Sierra J. Pierre, dob: 6/2/1999 (hereinafter "the Minor Child"). Father currently resides at 44 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent is Plaintiff Vikki L. Rarick (hereinafter "Mother"), natural mother of the Minor Child. Mother currently resides at 6020 Hummingbird Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. On or about August 24, 2002 a Stipulated Custody Agreement and Order was entered by this Honorable Court. 4. The Custody Order dated August 24, 2002 is attached as Exhibit A and incorporated herein by reference and provides, inter alia, that the custody of the Minor Child shall be exercised between the parties as follows: 302034-1 a. The parties shall share legal custody of the Minor Child; b. Mother shall have primary physical custody of the Minor Child; and C. Father shall have liberal periods of partial custody set up in blocks of weekly time as specified further in the Order. The August 24, 2002 Order was so set up with regard to Father's visitation because at the time it was Mother's intention to relocate to the State of Georgia. Since the entry of said Order there have been significant. changes in the custodial circumstances, and Mother never relocated to the State of Georgia from Pennsylvania; and the parties have been following their own visitation schedule. For a period of approximately two years the parties have been exercising the following custody schedule: a. Mother has primary physical custody of the Minor Child; b. Father has periods of partial custody to include alternating weekends and every Tuesday night through Wednesday morning. On the weekends when Father does not have physical custody, he has custody of the Minor Child on Thursday nights prior to, and Monday nights following, those weekends. However, in the past several weeks Mother has decided that she no longer wishes to abide by this agreement the parties worked out. Now Mother has been refusing Father access to the Minor Child and is insisting upon enforcing the August 24, 2002 Order which no longer should apply due to the fact that the intent of the Order was the relocation of Mother. 302034-1 5. The best interest of the Minor Child will best be served if this Honorable Court modifies the aforementioned custody Order so that the Minor Child will have a continuous and steady relationship with her Father. Father respectfully requests that said custody Order be modified, confirming primary physical custody of the Minor Child to Mother and partial physical custody of the Minor Child to Father with the schedule of every other weekend, every Tuesday night, and every Thursday night prior to the Mother's weekend. WHEREFORE, Petitioner, Defendant Jason A. Pierre respectfully requests that this Honorable Court grant the modification to the custody Order as set forth above. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By_ QA Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 171110-0300 (717) 238-8187 Attorneys for Plaintiff/Petitioner Dated: 302034-1 VERIFICATION I, Jason A. Pierre, do hereby verify that the facts set forth in the foregoing Petition to Modify Custody Order are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Jaso . Pierre Date: 302034-1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the Petition to Modify Custody Order with reference to the foregoing action by first class mail, postage prepaid, this ?Xlkllll day of April, 2004, on the following: Vikki L. Rarick 6020 Hummingbird Drive Mechanicsburg, PA 17050 ? is Andrew C. Spears 302034-] N O ? o o r N N VIKKI L. RARICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-3996 CIVIL ACTION LAW JASON A. PIERRE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday May 04 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 301 Market Street Lemoyne PA 17043 on Thursday, June 03, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Melissa P •reev;, 'q mnc 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 *0" /0-? .mss h? _w !r?d 5- l?x5lha0l ?u VIKKI L. RARICK, JUNdO 7 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-3996 CIVIL TERM V. CIVIL ACTION - LAW JASON A. PIERRE, : IN CUSTODY Defendant HESS, J. --- TEMPORARY ORDER OF COURT AND NOW, this /o' day of June, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Vikki L. Rarick and Jason A. Pierre, shall have shared legal custody of the minor child, Sierra J. Pierre, born June 2, 1999. 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 their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical ipresentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have temporary primary physical custody subject to Father's rights of liberal partial custody which shall be arranged as follows: A. Effective June 11, 2004, on alternating weekends from Friday after work until Monday morning. B. Effective June 8, 2004, each Tuesday after work until Wednesday morning. C. At such other times as the parties agree. ,,, - ' - Lnu: c = -4 o ? NO. 02-3996 CIVIL TERM 3. The parents shall provide a safe, loving and stable environment for the child, specifically including a smoke-free environment. 4. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence or earshot of the child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the child. child. The parties shall provide for regular and meaningful telephone access to the 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. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. Because the Custody Conciliation Conference! was incomplete at the time Mother had to leave the Conference, if within thirty (30) days of the date of this Order either party would like the Custody Conciliation to reconvene, a letter request to the Conciliator, copied to the opposing party shall be sufficient to obtain a second Conciliation Conference date. BY THE COURT: Ke in A. Hess, J. Dist: drew C. Spears, Esquire, PO Box 5300, Harrisburg, PA 17110-0300 ikki L. Rarick, 6020 Hummingbird Drive, Mechanicsburg, PA 17050 J , IV 0? JUN 0 7 2004 VIKKI L. RARICK, Plaintiff V. JASON A. PIERRE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3996 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY(' REPORT ULE IN ACCORDANCE WITH UCMoBEIRaLAN? COUNTY the (Row ng Cport: IVIL PROCEDURE 1915.3-5, the undersigned Custody to 1, The pertinent information concerning the child who is the subject of this litigation is as follows: DATE OF BIRTH CURRENTLY IN THE CUSTODY OF NAME June 2, 1999 Mother Sierra J. Pierre Was held on 2. A Custody Conciliation 2004 Petit on toeModi y Custody. The previous order of (August Father's filing of an April 22, l e: the Father, Jason .Pie However, A. Pierre, out of 22002 had been prepare in 24, did not occur. Present for the conference we that relocation and his counsel, Andrew C. Spears, Esquire; the Mother, \/ikki L. Rarick, attended pro se. Mother's on cu??od is as. e panes were ableo osreach han agreement for a custodi I 3 Fnoteoccur,, that th relocation did roximately August of 2002 until March 1, 2004. He schedule which was followed from app part of hisocupickup st the child at reports that on March 1, that they had reserved a being daycare a day ay Y ethe status quo through March 1, 20C14 as: ach Tuesday until Wednesday morning, alternating Thursdays overnight Father represents culty Friday to Monday, reports with to Friday d occurred when Mother had been unemployed andrdecl ned toaass sIt him with or tme that if she was goi to be the scheduled payment for the daycare expenses. He if she was going totleave wo her in , that the child did not need to be in daycare the r g, beg expensive private daycare indicated to her hat he was going fto look for less a daycare, an after that beg for the daycare without her help during her period of because he could not afford to pay NO. 02-3996 CIVIL TERM unemployment. Since March 2004, he reports that Mother has not been consistently following the alternate weekend schedule and has sometimes not shown up for custodial exchanges. Father wishes to return to the schedule which he reported had been the status quo until March 1, 2004. 4. Mother's position on custody is as follows: Mother reports that she has changed the child's daycare center because Father quit or was going to quit paying for the daycare. She reports that she resisted following the status quo custodial arrangement they had worked out over the last year and a half because the child had nightmares and because she had to lock the doors at night to keep the child from wandering around in the nighttime. Mother attributes the child's sleep disturbance during that period to the custodial schedule. She claims that now that the child has seen Father only on alternating weekends that the child is sleeping just fine. 5. At the conference, the parties agreed to resume the alternating weekend schedule from Friday until Monday morning and each Tuesday after work until Wednesday being designated as Father's periods of partial custody. However, before the Conciliation Conference could be completed, the Mother began to complain of difficulty breathing and expressed her belief that she was having an asthma attack. She left the Conference by ambulance. Therefore, the issues raised at the Conference were not fully addressed. The issues not addressed were the factual disputes regarding the decisions made in changing the child's daycare arrangement, the issue of whether or not the child would be enrolled in private kindergarten or public school for the Fall 2004/2,005 school year, and Father's remaining request for additional custodial time on alternating Thursdays prior to Mother's custodial weekend. Because the conference was incomplete, the Conciliator makes the attached recommended Order which incorporates parts of the prior Order to which the parties had not agreed would be changed and the parts o partial custody schedule for Father to which the parties agreed to during the Confer ce. DateMel sa Peel Gr Custody Conciliator :230084 VIKKI L. RARICK, Plaintiff, V. JASON A. PIERRE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 02-3996 CIVIL TERM CIVIL ACTION -- LAW CUSTODY ACTION Defendant AFFIDAVIT OF SERVICE I, Andrew C. Spears, Esquire, counsel for Defendant, Jason A. Pierre, in the above captioned action, hereby certify that a true and correct copy of the Scheduling Order for the Conciliation Conference to be held on July 27, 2004 was served upon Plaintiff, Vikki L. Rarick, by certified mail, return receipt requested, restricted delivery, and via regular mail on June 29, 2004. The certified mail came back unclaimed; however, the copy sent via regular mail has not been returned to our office; therefore, Defendant is deemed served on July 14, 2004 (15 days after regular mailing). Attached hereto and marked as Exhibit "A" is a copy of the letter sent via regular and certified mail. Also attached hereto and marked as Exhibit "B" is a copy of the envelope returned and marked unclaimed. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY UL- Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Dated: 1'A -() 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Document #: 246955.1 June 29, 2004 VIA CERTIFIED MAIL: 7003 3110 0002 9922 3152 RETURN RECEIPT REQUESTED Ms. Vikki L. Rarick 6020 Hummingbird Drive Mechanicsburg, PA 17050 Re: Rarick v. Pierre C Dear Ms. Rarick: 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other Offices Colonial Park Mechanicsburg 717-652-7020 717-691-5577 Millersburg Shippensburg 717-692-5810 717-530-7515 Enclosed please find a copy of the Scheduling Order for the Conciliation Conference to be held on July 27, 2004 at 8:30 a.m. at Attorney Greevy's office at 301 Market Street, 0 Lemoyne, PA. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. P a,A' (2,, Andrew C. Spears Enclosures cc: Mr. Jason Pierre ACS/seh 304328-1 James F. Carl Edward E. Knauss, IV' Jered L. Hock Steven P. Miner Clark DeVere Milton Bernstein Bruce J. Warshawsky Francis J. Lafferty IV David H. Martineau Andrew W. Norfleet Andrew C. Spears Young-Suh Koo ' Board Certified in civil trial law and advocacy by the National Board of Trial Advocacy VIKKI L. RARICK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-3996 CIVIL TERM V. CIVIL ACTION - LAW JASON A. PIERRE, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 28th day of June, 2004, upon written request for the Custody Conciliation Conference to reconvene by counsel for Petitioner, it is hereby directed that the parties and their respective counsel appear before Melissa Peel Greevy, Esquire, the Conciliator, at 301 Market Street, Lemoyne, Pennsylvania 17043 on the 27th day of July, 2004 at 8:30 a.m. for a Custody Conciliation 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 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 from Abuse Orders, Special Relief Orders hours prior to scheduled hearing. to furnish any and all existing Protection and Custody Orders to the Conciliator 48 FOR THE COURT tEsqui BY: ?/+/ta?•.y?18 T?J Melissa Peel Greevye Custody Conciliator 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. 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 170113 Telephone (717) 249-3166 Dist: Andrew C. Spears, Esquire, PO Box 5300, Harrisburg, PA 17110-0300 Vikki L. Rarick, 6020 Hummingbird Drive, Mechanicsburg, PA 17050 :231438 iAY J ,y h b, i ? W !a1 6? N a ? M N pp5 ii O)N m N ow-PWA O D LO ' on F rl Cl) m M (n =ww W ru rb? OO13? Er W 0" J?C¢O M ?dD ° ° wU?Zm ° 9 W J V a e: Z Y 'a rq z m wKY=a UH> m bU ° QW (n Np LLI ° M1 r wg? x eb z?A L4 m F. N U a i .1 '•1 N-' LO r?J '•tl1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the Affidavit of Service with reference to the foregoing action by first class mail, postage prepaid, this O? day of July, 2004, on the following: Vikki L. Rarick 6020 Hummingbird Drive Mechanicsburg, PA 17050 -'Q Andrew C. Spears Document #: 246955. C> N a r;??? -o CC's .. vr ;-gym ; 2; I c VIKKI L. RARICK, IN THE COURT OF COMMON PLEAS OF Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3996 CIVIL TERM JASON A. PIERRE, ; CIVIL ACTION - LAW Defendant IN CUSTODY HESS, J. --- TEMPORARY ORDER OF COURT AND NOW, this day of August, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's prior Order of June 10, 2004 is 'VACATED and replaced with the following Order. 2. Legal-adv. The parties, Vikki L. Rarick and Jason A. Pierre, shall have shared legal custody of the minor child, Sierra J. Pierre, born June 2, 1999- 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 their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 3• Phvsica Mother shall have temporary primary physical _ustod subject to Father's rights of liberal partial custody which shall be arranged as follows custody A. Effective July 23, 2004, on alternating weekends from Friday after work until Monday morning. V,f ;iii : tlti??, 1?,`?M`13 NO. 02-3996 CIVIL TERM B. Effective July 27, 2004, each 'Tuesday after work Wednesday morning. until C. Effective July 29, 2004 alternating Thursdays overnight until Friday morning prior to Mother's custodial weekend D. At such other times as the parties agree. 4. The parents shall provide a safe, loving and stable environment for the child, specifically including a smoke-free environment. 5. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence or earshot of the child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the child. child. 6• The parties shall provide for regular and meaningful telephone access to the 7. 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. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 8. Holidays. The following Holiday schedule shall take precedent over the regular schedule and Vacation schedule: A. Christmas - the parties will have an A/B schedule for Christmas. Segment A shall be from December 24, at 1:00 p.m. until December 25, 2:00 p.m. Segment B shall be from December 25, at 2:00 p.m. until December 26, at 7:00 p.m. Commencing in 2004 and in subsequent: even-numbered years, Father shall have Segment A and Mother shall have Segment B.' Commencing in 2005, and subsequent odd-numbered years, Mother shall have Segment A and Father shall have Segment B. B• Than?oiQ - the parties will have an A/B schedule for Thanksgiving. Segment A shall be from the Wednesday before Thanksgiving at 5:00 p.m. until Thanksgiving Day at 2:00 p.m. Segment B shall be from Thanksgiving Day at 2:00 p.m. until Friday after Thanksgiving at 7:00 p.m. In 2004 and subsequent even-numbered years, Mother will have Segment A and Father will have Segment B. In 2005 and subsequent odd-numbered years, Father will have Segment A and Mother will have Segment B. NO. 02-3996 CIVIL TERM C. The parties will share the remaining Holidays by their mutual agreement. 9. Vacation. Each parent shall be entitled to two (2) segments of up to eight (8) consecutive days, which segments shall not run consecutively, and shall include their custodial weekend, for purposes of vacation. These periods of vacation custody may occur during the Summer or in conjunction with the Christmas school break, provided, however, that the Christmas custodial schedule shall take precedence over scheduled vacation. The parties shall provide each other with thirty (30) days written notice of their intended vacation plans for the purpose of avoiding problems associated with scheduling conflicting vacation times. In the event that the party's planned vacation overlaps or conflicts with another party's vacation, the party first providing written notice to the other parent of their plan, shall have the choice of vacation time. 10. Counsel for the Defendant is directed to file a Return of Service regarding the service of the Order scheduling the Custody Conciliation Conference of July 27, 2004. BY THE COURT: 54vin A. Hess, J. Dist: ?n rew C. Spears, Esquire, PO Box 5301 ( i L. Rarick, 6020 Hummingbird Drive, cal: 232815 TISKirg, 17110-0300 aniic burg, PA 1705o V o8-oy-o? JUL 3 0 2004 VIKKI L. RARICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3996 CIVIL TERM JASON A. PIERRE, ; CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REP. 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 THE CUSTODY OF Sierra J. Pierre June 2, 1999 Mother 2. The parties' second Custody Conciliation Conference was convened on July 27, 2004 following receipt of a June 25, 2004 letter from the Defendant's counsel. An Order scheduling the Conference was issued on June 28, 2004. Attending the conference were: the Father, Jason A. Pierre, and his counsel, Andrew C. Spears, Esquire. Mother had been sent a copy of the Order scheduling the Conference via U. S. office and from Defendant's office. Further, counsel for Deafen aMail from the nt produced aorestraicted delivery, certified letter which had been mailed on June 29, 2004. The envelope containing the Order was returned to Defendant's counsel marked "Refused". June 29, 2004 was not returned by the day of the conference The regular mail dated R.C.P. 403(1), the Plaintiff has been properly served. . Accordingly, under Pa. 3• Father's sition on custod is as follows: Father reports that following the Custody Conciliation, Mother did not cooperate with the agreed-upon Tuesday periods of partial custody until after the Order of June 10, 2004 was received. In addition to the present schedule, Father seeks to have custody on alternating Thursdays, overnight until Friday morning on the weeks proceeding Mother's custodial weekend. With regard to holidays, Father reports that he has not had the child for Christmas Day in four Father seeks an alternating Christmas schedule. Additionally, Father asks for the option to have vacation Burin (4) years. g Summer or Christmas break, an alternating schedule with Thanksgiving, and the opportunity to share the remaining olidays. NO. 02-3996 CIVIL TERM 4. Mother's sition on custod is as follows: Unknown, as Mother did not attend the Custody Conciliation Conference. 5. The Conciliator provides the Court with the following recommended Order and requires that Defendant's counsel file an Affidavit of Sewice with regard to the June 28, 2004 Order scheduling the Conciliation Conference - 1/* ate ) &- Melissa Peel Greevy, Esquire Custody Conciliator csj:232815 VIKKI L. RARICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 02-3996 CIVIL TERM JASON A. PIERRE, CIVIL ACTION - LAW Defendant CUSTODY ACTION PETITION TO MODIFY CUSTODY AND NOW, this day of September, 2004, the Petitioner, Jason A. Pierre, by and through his attorney, Andrew C. Spears, Esquire, and the law firm of Metzger, Wickersham, Knauss & Erb, P.C., files the within Petition of which the following is a statement: Petitioner is Defendant Jason A. Pierre (hereinafter "Father"), natural father of the following Minor Child: Sierra J. Pierre, DOB: 06/02/1999 (hereinafter "the Minor Child"). Father currently resides at 44 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is Plaintiff Vikki L. Rarick (hereinafter "Mother"), natural mother of the Minor Child. Mother currently resides at 6020 Hummingbird Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On or about August 4, 2004, a Stipulated Custody Agreement and Order was entered by this Honorable Court. 4. The Custody Order dated August 4, 2004, is attached hereto as Exhibit A and is incorporated herein by reference and provides, inter alia, that the custody of the Minor Child shall be exercised between the parties as follows: a. The parties shall share legal custody of the Minor Child; 311745-1 b. Mother shall have temporary primary physical custody, subject to Father's rights of liberal partial custody, of the Minor Child; and C. Father shall have liberal periods of partial custody which is arranged as follows: Alternating weekends from Friday after work until Monday morning; ii. Each Tuesday after work until Wednesday morning; and iii. Alternating Thursdays overnight until Friday morning prior to Mother's custodial weekend. Since the entry of said Order, there have been significant changes in the custodial circumstances, and Father believes that the best interest of the Minor Child would be in modifying the Order to grant Father equal amount of time with the Minor Child. Father has serious concerns regarding Mother's attempts at alienating the Minor Child from Father. Further, Father believes that the Minor Child would benefit by equal time with both parents. In addition, Father believes that his more stable and structured schedule would be in the best interest of the Minor Child, as the parties are now shuffling the Minor Child between the two houses on numerous times each week. Father respectfully requests that said Custody Order be modified, granting shared physical custody of the Minor Child to the parties and shared legal custody of the Minor Child to the parties. 311745-1 WHEREFORE, Petitioner/Defendant Jason A. Pierre respectfully requests this Honorable Court to grant the modification to the Custody Order as set forth above. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Ca , By: Andrew C. Spears, Esquire Attorney I.D. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 171110-0300 (717) 238-8187 Attorneys for Petitioner/Defendant Date: September):I--, 2004 311745-1 VERIFICATION I, Jason A. Pierre, do hereby verify that the facts set forth in the foregoing Petition to Modify Custody Order are true and correct to the best of my personal knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Ja . Pierre Date: 2004 311745-1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the Petition to Modify Custody Order with reference to the foregoing action by first class mail, postage prepaid, this &J( day of September, 2004, on the following: Vikki L. Rarick 6020 Hummingbird Drive Mechanicsburg, PA 17050 Andrew C. pars, Esquire 311745-1 C t T y T1 l ?7 rri i ? ? .? _? T flit= :: to -c 4; gg?? lJ? ? T m C O VIKKI L. RARICK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ' 02-3996 CIVIL ACTION LAW JASON A. PIERRE . DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesda ,October 05, 2004 it is hereby directed that , "Pon consideration of the attached Complaint, Parties and their respective counsel appear before Melissa P. Greev , Es conciliator, at 301 Market Street, Lemoyne, PA 17043 the for aPre-Hearin on Tuesday, November 02, 2004 g Custody Conference. At such conference, an effort will be made to resolve the issues in dispute 8:30 AM if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary ; or 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: "issa mhc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites accommoda attend the scheduled conference Act or of hear1990.ing. For information about accessible facilities and reasonable All arrangers nts must be made at least 721 hours Prior to any hearing o?rbusinesos before the court, You lease contact our office. u must YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT FORTH HAVE AN BELOW TO ATTORNEY FIND OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4""." f , /V -?z ?W-ov 46,7 /* 71?'T I r i u I o "1!8 I'MORZ F: \FILES\DATAFILE\General\C=ent\ 113 71 13. praecipe Created 9/20/04 0:06PM Revised: 11/9/04 4 03PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VIKKI L. RARICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON A. PIERRE, Defendant TO THE PROTHONOTARY: NO. 02-3996 CIVIL ACTION - LAW IN CUSTODY PRAECIPE Please withdrawal the appearance of Metzger Wickersham Knauss & Erb on behalf of Defendant in the above matter. METZGER WICKERSHAM KNAUSS & ERB By: Andrew C. Spears, Esquire I.D. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 (717) 238-8187 Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Jason A. Pierre in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO T By Jennifer L. R-Zpears, Esquire I.D. No. 87445 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: ?( U ?I Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Vikki L. Rarick 6020 Hummingbird Drive Mechanicsburg, PA 17055 MARTSON DEARDORFF WILLIAMS & OTTO y _ is ckenroad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 2, 2004 ?., n..? t-?:>> .r- x`; r-j i ? , c: .? ? , ?..... I a: ? V i' t y ?..?. ..J L.,1 w_ ? ": `"? 1 -r+ I'' ' r i ?.C, . ?? -?'a"? ?.::i .,1 NOV 2 9 ?004 VIKKI L. RARICK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-3996 CIVIL TERM V. JASON A. PIERRE, Defendant CIVIL ACTION - LAW IN CUSTODY HESS, J. --- TEMPORARY ORDER OF COURT AND NOW, this 1 day of e 1?r, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's prior Order of August 4, 2004 is VACATED and replaced with the following Order. 2. Legal Custody. The parties, Vikki L. Rarick and Jason A. Pierre, shall have shared legal custody of the minor child, Sierra J. Pierre, born June 2, 1999. 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 their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 3. Physical Custody. The parties will share physical custody in accordance with the following two (2) week alternating schedule: A. Week One - Effective November 19, 2004, Mother shall have custody on Monday, Tuesday, Friday, Saturday and Sunday. Father shall have custody on Wednesday and Thursday. NO. 02-3996 CIVIL TERM B. Week Two - Father shall have custody on Monday, Tuesday, Friday, Saturday and Sunday. Mother shall have custody on Wednesday and Thursday. 4. The parents shall provide a safe, loving and stable environment for the child, specifically including a smoke-free environment. When the child is riding in a motor vehicle, the parent shall see to it that she is properly secured in an age-appropriate child safety restraint as provided by the laws of the Commonwealth of Pennsylvania. 5. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence or earshot of the child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the child. The parties shall not use the child as a messenger, particularly with regard to adult issues. Further, the parties shall not discuss adult issues such as child support or custody in the presence or earshot of the minor child. 6. The parties shall provide for regular and meaningful telephone access to the child. 7. Holidays. The following Holiday schedule shall take precedent over the regular schedule and Vacation schedule: A. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at 1:00 p.m. until December 25th at 2:00 P.m. Segment B shall be from December 25th at 2:00 p.m. until December 26t at 7:00 p.m. Commencing in 2004 and in subsequent even-numbered years, Father shall have Segment A and Mother shall have Segment B. Commencing in 2005, and subsequent odd-numbered years, Mother shall have Segment A and Father shall have Segment B. B. Thanksgiving. Thanksgiving shall be divided into two segments, Segment A and Segment B. Segment A shall be from the Wednesday before Thanksgiving at 5:00 p.m. until Thanksgiving Day at 2:00 p.m. Segment B shall be from Thanksgiving Day at 2:00 p.m. until Friday after Thanksgiving at 7:00 p.m. In 2004 and subsequent even-numbered ;years, Mother will have Segment A and Father will have Segment B. In 2005 and subsequent odd- numbered years, Father will have Segment A and Mother will have Segment B. NO. 02-3996 CIVIL TERM C. The parties will share the remaining Holidays by their mutual agreement. D. Custodial exchanges which do not occur by the parent either picking up the child or dropping off the child at the Chesterbrook Academy shall occur in the parking lot at Circuit City on the Carlisle Pike. 8. Vacation. Each parent shall be entitled to two (2) segments of up to eight (8) consecutive days, which segments shall not run consecutively, and shall include their custodial weekend. These periods of vacation custody may occur during the Summer or in conjunction with the Christmas school break, provided., however, that the Christmas custodial schedule shall take precedence over scheduled vacation. The parties shall provide each other with thirty (30) days written notice of their intended vacation plans for the purpose of avoiding problems associated with scheduling conflicting vacation times. In the event that the party's planned vacation overlaps or conflicts with another party's vacation, the party first providing written notice to the other parent of their plan, shall have the choice of vacation time. BY THE COURT: -X-/,/ - /? 4. n A. Hess, J. Dist: nifer Spears, Esquire, 10 E. High Street, Carlisle, PA 17013 i L. Rarick, c/o Michael Thomas, 526 Salmon Road, Mechanicsburg, PA 17050 lll/// ark Bayley, Esquire, 155 S. Hanover Street, Carlisle, PA 17013 'Q / \. - t L% ,. -` c. t NOV 2 5 2004xi VIKKI L. RARICK, Plaintiff V. JASON A. PIERRE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.02-3996 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNrf 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 THE CUSTODY OF Sierra J. Pierre June 2, 1999 Mother 2. The parties' third Custody Conciliation Conference was convened on November 18, 2004 as a result of Father's Petition to Modify Custody Order of August 4, 2004. Attending the conference were: the Mother, Vikki IL. Rarick, and her counsel, Mark Bayley, Esquire; the Father, Jason A. Pierre, and his counsel, Jennifer Spears, Esquire. Mr. Bayley was retained for the purposes of the Custody Conciliation Conference only. Accordingly, if further proceedings are necessary, service of process shall occur directly to the Plaintiff in this matter. 3. The parties reached an agreement in t of an Order as attached. f1 0") Imi t[Yate Melissa Peel Greevy, Esquire Custody Conciliator :239737 VIKKI L. RARICK, Plaintiff/Petitioner VS. JASON A PIERRE, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 02-3996 CIN7IL TERM : CIVIL ACTION - LAW :CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Defendant/Petitioner. You may lose money or property or other rights important to you. 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. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800)-990-9108 VIKKI L. RARICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA Vs. :NO. 02-3996 CIVIL TERM JASON A PIERRE, : CIVIL ACTION - LAW Defendant/Respondent :CUSTODY NOTICIA USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800)-990-9108 VIKKI L. RARICK, Plaintiff/Petitioner VS. JASON A PIERRE, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 02-3996 CIVIL TERM CIVIL ACTION - LAW :CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Plaintiff/Petitioner, Vikki L. Rarick, by and through her counsel, Linda A. Clotfelter, and files this Petition for Modification of Custody Order, stating in support thereof the following: 1. Petitioner (hereinafter referred to as "Mother") is Vikki L. Rarick, who currently resides at 6020 Hummingbird Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent (hereinafter referred to as "Father") is Jason A. Pierre, who currently resides at 44 Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The child at issue in this matter is Siena J. Pierre (hereinafter referred to as the "Child"), age 6, having been born June 2, 1999. 4. An Order of Court dated December 1, 2004, was entered in this matter permitting Mother and Father shared legal and physical custody. See Order attached hereto as Exhibit "A" and incorporated herein as if fully set forth. 5. The Order should be modified because the schedule presently entered is very disruptive for the child who will be starting first grade in the fall. Presently, each parent has two weekdays and then the parties alternate three-day weekends. As a result, the child changes households every two or every three days. 6. It is in the best interest of the child to modify the current Custody Order such that Mother is granted primary physical custody for the following reasons: a. Mother is able to provide the child with a stable home in the school district that the Child will attend in the fall. Mother also dedicates significant quality time to the Child by regularly working with her on her schooling and learning; she plays with her on a daily basis; and she and actively participates in athletics and outdoor activities with the Child. b. It is extremely important for the child to have a strong and consistent relationship with both parents and her one-half sister, Rosalyn, age 13, who resides with Mother. Moreover, Mother as the primary custodial parent would encourage the child's relationship with Father and his family. C. As stated above, Mother actively participates in the Child's learning and extracurricular activities while Father does not play with the Child, does not read or stimulate the Child's advanced cognitive skills, and Father discourages the Child from participating in her extracurricular activities such as soccer and swimming. When the Child is with Father, she is often left in the care of third parties while Mother spends her time with the Child and does not use babysitters. d. Father is often impatient and quick-tempered with the child and upon information and belief, he yells at the child, pinches her, and has caused bruising to the Child's arms by grabbing her. In the past, Father had physically abused Mother, so Mother fears for the Child's safety and she is concerned because the Child is often exceptionally clingy with Mother and she often does not want to go to her Father's house as ordered by the court. 7. For the reasons stated above, Mother seeks to be awarded primary physical custody of the child with partial custody with Mother as agreed and shared legal custody between the parties. WHEREFORE, Petitioner, Vikki Rarick, respectfully requests that this Honorable Court modify the current Custody Order such that Mother is granted primary physical custody with partial custody periods to Father and shared legal custody to both parties and grant such other relief as this Court deems just and proper. Respectfully submitted, Dated: " 2005 LAW FIRM OF LINDA A. CLOTFELTER A. Clotfelter, Esgt el for Petitioner ev I.D. No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA. 17050 (717) 796-1930 telephone (717) 796-1933 facsimile VIKKI L. RARICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA Vs. :NO. 02-3996 CIVIL TERM JASON A PIERRE, : CIVIL ACTION - LAW Defendant/Respondent :CUSTODY VERIFICATION I, VIKKI L. RARICK, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: g I () VIKKI L. RARICK 61 N0V 2 9 2004 VIKKI L. RARICK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.02-3996 CIVIL TERM V. CIVIL ACTION - LAW JASON A. PIERRE, IN CUSTODY Defendant HESS, J. --- TEMPORARY ORDER OF COURT AND NOW, this / 0? day of a r, 200 , upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's prior Order of August 4, 2004 is VACATED and replaced with the following Order. 2. Legal Custody. The parties, Vikki L. Rarick and Jason A. Pierre, shall have shared legal custody of the minor child, Sierra J. Pierre, born June 2, 1999. 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 their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copiers of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 3. Physical Custody. The parties will share physical custody in accordance with the following two (2) week alternating schedule: A. Week One - Effective November 19, 2004, Mother shall have custody on Monday, Tuesday, Friday, Saturday and Sunday. Father shall have custody on Wednesday and Thursday. EXHIBIT "A" NO. 02-3996 CIVIL TERM B. Week Two - Father shall have custody on Monday, Tuesday, Friday, Saturday and Sunday. Mother shall have custody on Wednesday and Thursday. 4, The parents shall provide a safe, loving and stable environment for the child, specifically including a smoke-free environment. When the child is riding in a motor vehicle, the parent shall see to it that she is properly secured in an age-appropriate child safety restraint as provided by the laws of the Commonwealth of Pennsylvania. 5. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence or earshot of the child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the child. The parties shall not use the child as a messenger, particularly with regard to adult issues. Further, the parties shall not discuss adult issues such as child support or custody in the presence or earshot of the minor child. 6. The parties shall provide for regular and meaningful telephone access to the child. 7. Holidays. The following Holiday schedule shall take precedent over the regular schedule and Vacation schedule: A. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24" at 1:00 p.m. until December 25th at 2:00 P.m. Segment B shall be from December 25th at 2:00 p.m. until December 26t at 7:00 p.m. Commencing in 2004 and in subsequent even-numbered years, Father shall have Segment A and Mother shall have Segment B. Commencing in 2005, and subsequent odd-numbered years, Mother shall have Segment A and Father shall have Segment B. B. Thanksgiving. Thanksgiving shall be divided into two segments, Segment A and Segment B. Segment A shall be from the Wednesday before Thanksgiving at 5:00 p.m. until Thanksgiving day at 2:00 p.m. Segment B shall be from Thanksgiving Day at 2:00 p.m. until Friday after Thanksgiving at 7:00 p.m. In 2004 and subsequent even-numbered years, Mother will have Segment A and Father will have Segment B. In 2005 and subsequent odd- numbered years, Father will have Segment A and Mother will have Segment B. NO. 02-3996 CIVIL TERM C. The parties will share the remaining Holidays by their mutual agreement. D. Custodial exchanges which do not occur by the parent either picking up the child or dropping off the child at the Chesterbrook Academy shall occur in the parking lot at Circuit City on the Carlisle Pike. 8. Vacation. Each parent shall be entitled to two (2) segments of up to eight (8) consecutive days, which segments shall not run consecutively, and shall include their custodial weekend. These periods of vacation custody may occur during the Summer or in conjunction with the Christmas school break, provided, however, that the Christmas custodial schedule shall take precedence over scheduled vacation. The parties shall provide each other with thirty (30) days written notice of their intended vacation plans for the purpose of avoiding problems associated with scheduling conflicting vacation times. In the event that the party's planned vacation overlaps or conflicts with another party's vacation, the party first providing written notice to the other parent of their plan, shall have the choice of vacation time. BY THE COURT: J. Dist:.k?cnlfer Spears, Esquire, 10 E. High Street, Carlisle, PA 17013 iklci L. Rarick, c% Michael Thomas, 526 Salmon Road, Mechanicsburg, PA 17050 ark Bayley, Esquire, 155 S. Hanover Street, Carlisle, PA 17013 N©'d 2 9 200 VIKKI L. RARICK, Plaintiff V. JASON A. PIERRE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3996 CIVIL TERM 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 THE CUSTODY OF Sierra J. Pierre June 2, 1999 Mother 2. The parties' third Custody Conciliation Conference was convened on November 18, 2004 as a result of Father's Petition to Modify Custody Order of August 4, 2004. Attending the conference were: the Mother, Vikki L. Rarick, and her counsel, Mark Bayley, Esquire; the Father, Jason A. Pierre, and his counsel, Jennifer Spears, Esquire. Mr. Bayley was retained for the purposes of the Custody Conciliation Conference only. Accordingly, if further proceedings are necessary, service of process shall occur directly to the Plaintiff in this matter. 3. The parties reached an agreement in t 7. of an Order as attached. to ssa Peel Greevy, Esquire Custody Conciliator :239737 ? ?, ? T ^O ??', t - ?n? r ? ?' U C7 ...- C is ?'O ? s?? ? ., '. {t'x 'V f r VIKKI L. RARICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON A. PIERRE DEFENDANT 02-3996 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 24, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at DJ Mantove's, 1901 State St., Camp Hill, PA 17011 on Friday, September 23, 2005 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. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy, Esg.1? 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 oor-? 69 :£ Ntd 13Z 9PV SOOZ KdViUi0vID;O'd 3Hi n 331n?O-,J-M VIKKI L. RARICK, IN THE COURT OF COMMON PLEAS OFl CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-3996 CIVIL TERM V. CIVIL ACTION - LAW JASON A. PIERRE, IN CUSTODY Defendant HESS, J. --- ORDER OF COURT AND NOW, this /'' day of Giia-?? , 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's prior Order of December 1, 2004 is modified as follows: A. With regard to custodial exchanges, exchanges will take place at curbside in front of Mother's residence. Father will drop off the child in the morning before school between 6:40 a.m. and 6:45 a.m. and will pick up the child at approximately 4:45 p.m. Mother shall be present and available for the custodial exchanges. Mother will have the child ready for Father no later than 4:45 p.m. The parties are strongly encouraged to be timely in their compliance with these provisions, yet not inflexible should unpredictable challenges arise, such as may be presented by the weather or traffic. B. In light of Sierra's emotional response to the parties' ongoing conflicts and tensions at custodial exchanges, the parties shall participate in therapeutic family counseling for a minimum of eight (S) sessions. Counsel shall assist the parties in identifying participating providers with the health insurance programs. For the initial four (4) visits, Father shall be responsible to pay 100% of the co-pay up to a maximum of $25.00 per session. Thereafter, un-reimbursed counseling expenses shall be borne by the parties in a ratio of 53% to Father and 47% to Mother. The parties may, of course, : ,?. ,,?, ., ,? ? : ? ` U??V : ri i ? , `?''°? ? L 1` 1 ?+ 1' ? t x_ ? J l.a y j ?1 ` n? ? it 'l ? '4 ?:. NO. 02-3996 CIVIL TERM attend more than eight (8) sessions. Only the clinical recommendation of the therapist provided in writing, therapy may be terminated prior to the completion of eight (8) sessions. BY THE COURT: A. Hess, J. Dist: Aennifer L. Spears, Esquire, 10 E. High Street, Carlisle, PA 17013 L.Wnda A. Clotfelter, Esquire, 5021 East Trindle Road, Suite 100, Mechanicsburg, PA 17050 ?b ?a? c1'JJ ; u ; f VIKKI L. RARICK, Plaintiff V. JASON A. PIERRE, Defendant NO.02-3996 CIVIL TERM 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 THE CUSTODY OF Sierra J. Pierre June 2, 1999 Mother and Father 2. The parties' fourth Custody Conciliation Conference was convened on September 23, 2005 following Mother's August 19, 2005 filing of a Petition for Modification of Custody Order. Attending the Conference were: the Mother, Vikki L. Rarick, and her counsel, Linda A. Clotfelter, Esquire; the Father, Jason A. Pierre, and his counsel, Jennifer L. Spears, Esquire. 3. The parties reached an agreement for Order in the form as attached. 9 i ?6m '1? 1,2 Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA of the December 1, 2004 Melissa Peel Greevy, Esquire Custody Conciliator J MPG:ead:259465 Jennifer L. Spears Esquire MARTSON DEA?DORFF 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 DEFENDANT'S PETITION FOR SPECIAL RELIEF 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 an adult individual whose last known mailing address was 604 Green Acres Street, Mechanicsburg, Cumberland County, Pennsylvania; however, as of July 23, 2008, Plaintiff is residing at The Stuart House (Salvation Army), 20 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania. 3. Defendant seeks custody of the child, Sierra J. Pierre, who was born on June 2, 1999. 4. This Court's prior Orders of December 1, 2004, and October 12, 2005, are in effect with regard to custody of the child and are attached hereto as Exhibits "A" and "B," respectively. 5. In March of 2008, Mother informed Father that she and the child were moving in with her then-fiance, Mike Sweeney, who resides at 604 Green Acres Street, Mechanicsburg, Pennsylvania. 6. Mother further informed Father she was transferring the child the next day from Hampden Elemen ary School (Cumberland Valley School District) to Broad Street Elementary (Mechanicsburg School District) in Mechanicsburg despite Father's objection. 7. Th child reported a lot of arguing between Mother and her fiance, and Father was concerned about t e environment to which Mother had moved her. 8. Mother failed to list Father as a contact for the child with Broad Street Elementary. 9. Upon information and belief, Mother has been unemployed since March of 2008. 10. Prior to March, 2008, Mother worked for approximately two months at Kidz Quarterz day care in early 2008, and for about two months at Kindercare toward the end of 2007. 11. Mother unilaterally changed the child's day care from the YMCA program (summer and before/after school) at Hampden Elementary, to Kindercare for two months, then to Kidz Quarterz for two months. 12. After Mother moved in with her fiance in March, Father needed day care for before and after school and enrolled the child at the Mechanicsburg Learning Center since she was going to a new school. 13. Subsequent to moving in with her fiance, Mother moved to a friend's home during a break-up, move4 back in with her fiance or boyfriend, and recently has moved the child into a Motel 6 and now The Stuart House. 14. At The Stuart House, the child has to share a men's bathroom with other residents. 15. Mother is unable to provide any stability or a proper residence for the child. 16. Mother is unable to support the child because she cannot keep a job. 17. Mother's vehicle recently "broke down" and she has no means to provide transportation for the child or in the event of an emergency. 18. Father has lived in the same home for approximately six years. 19. Father has had the same job for approximately six years. 20. Despite the prior Order of Court, Mother failed to give Father advance notice of her move in March, unilaterally transferred the child to a new school, failed to list Father as a contact with the new school, and failed to notify Father of the first parent-teacher conference after the transfer 21. Mother has refused to give Father the child's immunization records stating that she lost them. 22. Father is in the Cumberland Valley School District and would enroll Sierra in the Silver Spring Elementary school, which is near the middle and high schools, and she would remain there if he is give primary custody. 23. Father is concerned about Mother's mental and emotional stability and her ability to care for the child. 24. When with her Mother, the child often has to "take care of her Mother and act as the adult in the relationship. 25. Mother constantly badmouths Father to the child. 26. 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. 27. Father fears for the safety and well-being of Sierra and does not want her to end up like Mother's two older children. 28. Mather has not proven that she is capable of raising a child with shared legal and physical custody. 29. The best interest and permanent welfare of the child will be served by giving primary legal and physical custody to the Father because he can provide a stable and nurturing environment. 30. Father requests that a temporary order grant him primary physical custody pending a Conciliation, with Mother having liberal visitation as the parties agree, with no overnights to take place at The Stuart House or other emergency housing. 31. The prior Conciliator in this case was Melissa P. Greevy, Esquire. 32. Th0 Honorable Kevin A. Hess has signed the prior orders. WHEREFORE, Defendant/Father requests your Honorable Court to set a time and place for a prompt hearing or Conciliation, pending which Father requests the Court to grant Father primary physical custody with periods of visitation for Mother. MARTSON LAW OFFICES By Jenni L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: July 25, 200 A RFCTCLED PAPER ;? 0.ECYCLABLF ? r---x G?I b r + VIKKI L. RARICK, NO. 02-3996 CIVIL TERM V. JASON A. PIERRE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY HESS, J. --- TEMPORARY ORDER OF COURT AND NO?V, this day of Idoroennber, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's prior Order of August 4, 2004 is VACATED and replaced with the following Order. 2. Le 'al Custody. The parties, Vikki L. Rarick and Jason A. Pierre, shall have shared legal cus ody of the minor child, Sierra J. Pierre, born June 2, 1999. 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 their health, education and religion. Pursuant to the terms of 23. Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the gild and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the', other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 3. Ph sical Custody. The parties will share physical custody in accordance with the following two 2) week alternating schedule: A. Week One - Effective November 19, 2004, Mother shall have custody o Monday, Tuesday, Friday, Saturday and Sunday. Father shall have cust dy on Wednesday and Thursday. EXHIBIT "A" NO. 02-3996 CIVIL TERM B. Week Two - Father shall have custody on Monday, Tuesday, Friday, Saturday and Sunday. Mother shall have custody on Wednesday and Thursday. 4. The parents shall provide a safe, loving and stable environment for the child, specifically including a smoke-free environment. When the child is riding in a motor vehicle, the parent shall see to it that she is properly secured in an age-appropriate child safety restraint as provi ed by the laws of the Commonwealth of Pennsylvania. 5. Both parents shall establish a no-conflict zone for their child and refrain from making derogatoiy comments about the other parent in the presence or earshot of the child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the child. The parties shall not use the child as a messenger, particularly with regard to adult issues. Further, the parties shall not discuss adult issues such as child support or custody in the presence or earshot of the minor child. 6. The parties shall provide for regular and meaningful telephone access to the child. 7. Hol da s. The following Holiday schedule shall take precedent over the regular schedule ,and Vacation schedule: A. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24"' at 1:00 p.m. until becember 25th at 2:00 9-m. Segment B shall be from December 25th at 2:00 p.m. until December 26 at 7:00 p.m. Commencing in 2004 and in subsequent even-numbered years, Father shall have Segment A and Mother shall havel Segment B. Commencing in 2005, and subsequent odd-numbered years, Mo6er shall have Segment A and Father shall have Segment B. B. Thanksgiving. Thanksgiving shall be divided into two segments, Segment and Segment B. Segment A shall be from the Wednesday before Thanksgiv ng at 5:00 p.m. until Thanksgiving Day at 2:00 p.m. Segment B shall be from T anksgiving Day at 2:00 p.m. until Friday after Thanksgiving at 7:00 p.m. In 12004 and subsequent even-numbered years, Mother will have Segment and Father will have Segment B. In 2005 and subsequent odd- numbered years, Father will have Segment A and Mother will have Segment B. NO. 02-3996 CIVIL TERM C. The parties will share the remaining Holidays by their mutual agreement. D. Custodial exchanges which do not occur by the parent either picking up the child or dropping off the child at the Chesterbrook Academy shall occur in the parking lot at Circuit City on the Carlisle Pike. 8. Va ation. Each parent shall be entitled to two (2) segments of up to eight (8) consecutive da , which segments shall not run consecutively, and shall include their custodial weekend. These periods of vacation custody may occur during the Summer or in conjunction with the Christmas school break, provided, however, that the Christmas custodial sched le shall take precedence over scheduled vacation. The parties shall provide each oth r with thirty (30) days written notice of their intended vacation plans for the purpose of avoi ing problems associated with scheduling conflicting vacation times. In the event that the p rty's planned vacation overlaps or conflicts with another party's vacation, the party first providing written notice to the other parent of their plan, shall have the choice of vacation time.:, BY THE OURT: s evin A. Hess, J. Dist: Jennifer Spe rs, Esquire, 10 E. High Street, Carlisle, PA 17013 Vikki L. Raric , c/o Michael Thomas, 526 Salmon Road, Mechanicsburg, PA 17050 Mark Bayley, Esquire, 155 S. Hanover Street, Carlisle, PA 17013 1Y hard In lr?r.1 CJ''1r ), f -In-J dig RECYCLED PAPER a REM ARLE F,x k ;61. + a VIKKI L. RARICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3996 CIVIL TERM V. JASON A. PIERR4, Defendant HESS, J. --- CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW,' this day of _ Ovp,&- , 2005, upon consideration of the attached Custody) Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's prior Order of December 1, 2004 is modified as follows: A. With regard to custodial exchanges, exchanges will take place at curbside lin front of Mother's residence. Father will drop off the child in the morning before school between 6:40 a.m. and 6:45 a.m. and will pick up the child at approximately 4:45 p.m. Mother shall be present and available for the custodial exchanges. Mother will have the child ready for Father no later than 4:45 p.m. The parties are strongly encouraged to be timely in their compliance with these provisions, yet not inflexible should unpredictable challenges rise, such as may be presented by the weather or traffic. B. In light of Sierra's emotional response to the parties' ongoing conflicts an tensions at custodial exchanges, the parties shall participate in therapeutic mily counseling for a minimum of eight (8) sessions. Counsel shall assist the parties in identifying participating providers with the health insurance programs. For the initial four (4) visits, Father shall be responsible to pay 109% of the co-pay up to a maximum of $25.00 per session. Thereafter, n-reimbursed counseling expenses shall be borne by the parties in a ratio of 53% to Father and 47% to Mother. The parties may, of course, EXHIBIT "B" NO. 02-3996 CIVI? TERM attend more than eight (8) sessions. Only the clinical recommendation of the therapist provided in writing, therapy may be terminated prior to the completion of eight (8) sessions. BY THE COURT: I A. Hess, J. Dist: ennifer L 4*da A. { V ! rs{ Esquire, 10 E. High Street, Carlisle, PA 17013 Esquire, 5021 East Trindle Road, Suite 100, Mechanicsburg, PA 17050 X61 ?a? r ? IV T: U •' . i r VIKKI L. RARICK, Plaintiff V. JASON A. PIERRE] Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3996 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCOR tgned NCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the unde 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 THE CUSTODY OF Sierra J. Pierre June 2, 1999 Mother and Father 2. The parties' fourth Custody Conciliation Conference was convened on September 23, 2005 following Mother's August 19, 2005 filing of a Petition for Modification of Custody Order. Attending the Conference were: the Mother, Vikki L. Rarick, and her counsel, Linda A. lotfelter, Esquire; the Father, Jason A. Pierre, and his counsel, Jennifer L. Spears, Esquire. 3. The parties reached an agreement form ' cation of the December 1, 2004 Order in the form as attached. 91g d? 47 A e4z?vv Date elissa Peel Greevy, E uire Custody Conciliator NlMead159465 .; ??r r ?t'u.- ? ?`? , ? i 1",+? ? r., Vim' ? '' 1• VERIFICATION The in the preparation I have read the C( have given to my To the extent thz making this verif This state relating to unswi averments, I may ng Petition is based upon information which has been gathered by my counsel )f the lawsuit. The language of the document is that of counsel and not my own. nplaint and to the extent that the document is based upon information which I )unsel, it is true and correct to the best of my knowledge, information and belief. the content of the document is that of counsel, I have relied upon counsel in it and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 falsification to authorities, which provides that if I make knowingly false subject to criminal penalties. F:\FILES\CGents\l 1371 Metzger 4kersham\11371.11petspecrelieEwpd 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 Plaintiff s Petition for Special Relief was served this date by hand delivery to the Stuart House and by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Vikki Rarick The Stuart House c/o Salvation Army 20 East Pomfret Street Carlisle, PA 17013 (via hand delivery) Ms. Vikki Rarick 604 Green Acres Street Mechanicsburg, PA 17055 (last known mailing address) MARTSON LAW OFFICES By Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 25, 2008 C.P F lip C rn ® r h1 , F:IFILES\Chcrtts111371 Metzger Wickersham\l 1371.13.pelspecrehefwpd\tde JUL J?L4 Z?U?008 Revised: 7114111 3:1911M 2 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 -Ih AND NOW, this I day of 7-i ly , 2008, upon consideration of the attached Defendant's Petition for Special Relief, it is hereby ORDERED and DIRECTED that Father, Jason Pierre, has primary physical custody of the child, Sierra J. Pierre, pending a Conciliation Conference and further Order of Court. BY THE COURT, J. cc: Vikki L. Rarick / s ?I e Pro Se Plaintiff e °? ? o r _a 5:--D ? jq( Jennifer L. Spears, Esquire ?6P 7 For Defendant y? ??9 c Assigned Custody Conciliator vl? f\.J. .s m sZ i t ooz Acs "vrF'?+yy y33141 'J'}F•i f-i3?.-? ??J Si? r VIKKI L. RARICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2002-3996 CIVIL ACTION LAW JASON A. PIERRE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, July 28, 2008 , 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 Thursday, August 07, 2008 at 10:00 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 q. )vtl 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 '? ? '? ?ti"" O?q? Xt 8f c. ?e k ?0 0 Pd ez -Ti CQOI VIKKI L. RARICK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2002-3996 CIVIL ACTION LAW JASON A. PIERRE Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2 8` day of 2008, upon - 411 LA'S consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated July 25, 2008 and December 1, 2004 shall continue in effect as modified by this Order. 2. The Mother shall have partial physical custody of the Child beginning Saturday, August 23, 2008 on both Saturday and Sunday from 8:C purposes of these periods of custody, the parent receiving custody of the Cl provide transportation for the exchanges of custody. The Mother shall also every Tuesday and Thursday, beginning August 14, 2008 from 6:00 p.m. un parent relinquishing custody shall be responsible to provide transportat. custody. 3. The parties shall make arrangements for the Child to particip professional to be selected by agreement between the parties. The purpose to provide therapy by a neutral party to address emotional issues related to parties shall request guidance from the Child's counselor as to the Child's re. overnights or additional periods of time with the Mother in the current circun be responsible to pay any costs of the counseling which are not covered by in n alternating weekends, a.m. until 8:00 p.m. For d shall be responsible to ave custody of the Child 8:00 p.m., for which the n for the exchanges of to in counseling with a f the counseling shall be the family conflict. The iiness or ability to spend >tances. The Father shall 4. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, November 4, 2008 at :00 a.m. for the purpose of reviewing the custodial arrangements following the Child's participation i therapy. 5. Neither party shall do or say anything which may estrange the Ch injure the opinion of the Child as to the other parent, or hamper the free and Child's love and respect for the other parent. Both parties shall ensure that 1 with the Child comply with this provision. from the other parent, oral development of the i parties having contact L\ 6. This Order is entered pursuant to an agreement of the parties at a conference. The parties may modify the provisions of this Order by mutual mutual consent, the terms of this Order shall control. BY THE COURT, Kevin Y Hess J. cc: essica Holst, Esquire - Counsel for Mother Xnnifer L. Spears, Esquire - Counsel for Father conciliation In the absence of co %- N LL- L? C-j VIKKI L. RARICK IN THE COURT OF Plaintiff CUMBERLAND COL VS. 2002-3996 CIVIL JASON A. PIERRE Defendant IN CUSTODY Prior Judge: Kevin A. Hess CILIA IN ACCORDANCE WITH CUMBERLAND COUP PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the 1. The pertinent information concerning the Child who is the subj follows: NAME DATE OF BIRTH CURL Sierra J. Pierre June 2, 1999 Father 2. A custody conciliation conference was held on August 14, individuals in attendance: the Mother, Vicki L. Rarick, with her counsel, J 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 OMMON PLEAS OF FY, PENNSYLVANIA TION LAW T RULE OF CIVIL ving report: of this litigation is as with the following Holst, Esquire, and L' Nov 2 4 2008 VIKKI L. RARICK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2002-3996 CIVIL ACTION LAW JASON A. PIERRE Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2-5-- day of ?Jo?rc., L,i 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. FILL. OF TH7 2888 OY 215 H 14 : 0 F?,?. 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. cc: Jennifer L. Spears, Esquire - Counsel for Father Jessica Holst, Esquire - Counsel for Mother `/ el o P q^- BY THE COURT, 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. Date Dawn S. Sunday, Esquire Custody Conciliator