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Home My WebLink About96-03479 ~~ ~ ~ ~ 1 . ~ .~ ~ ~ ~"'\, ~ "" '- ) / J ~ - , , >. ,... ". .- ~~r <r. , . a.~J )..1" ....", .' 1 q:j1 .. ~: ) t~: ~ )r: ); J Ilk -. , ,~,) , ("I .,'r',; u.:'; -., ~) 'r~ f , I 1'- n. 0 I~) 'n j 'J\ () ~ ~ j ~ j ~ to ~ ~j ~ e = f F :x: o ... . . , 4 ,~ . . . . " : pursuant to Pennsylvania RUle of civil Procedure 1915,13, which provides in relevant part: At any time after commencement of tho action, the court may on Bpplication ... grant appropriate interim or special relief. The relief may include but is not limited to the award of temporary custody, partial custody or visitation; ... 42 Pa. C.S.A. S 1915.13. 5. The court should grant this applicatioll on the following grounds: a. plaintiff has had primary physical custody of Jason for the past thirteen years and of Melissa for the past ten (10) years. b. at the conclusion of Melissa's orthodontist appointment on June 17, 1996, defendant refused to return Melissa to plaintiff; c. when plaintiff attempted to take Melissa home, defendant telephoned the police, who responded but refused to assist plaintiff in securing custody of Melissa; d. on June 19, 1996, at approximately 7:00 a.m., plaintiff, accompanied by Jason, went to defendant's residence to transport Melissa home; e. plaintiff found Melissa and her seven year-old half sister home alone and unsupervised while defendant was at work; f. upon seeing her father, Melissa contacted defendant who came home from work and again refused plaintiff custody of Melissa; g. the police were again summoned, and the two Susquehanna police officers who responded refused to allow plaintiff to take Melissa home; 2 h. defendant does not supervise Melissa when Melissa is in her oustody, 1. plaintiff believes and therefore avers that defendant has kept Melissa to prov ide free "daycare" for. defendant's other child, Shawna, age 6, j. plaintiff believes and therefore avers that defendant has allowed Melissa to develop and to maintain a relationship with a teen-aged boy whom Melissa intimates has sp.en her undressing, k. plaintiff has made plans for family vacations and summer activities which include both Jason and Melissa, 1. plaintiff fears for Melissa's physical and emotional well-being when she is at her mother's residence and unsupervised. 6. Within the past eight years, defendant has be'iln convicted of driving under the influence on three occasions, the most recent of which occurred in or around October or November 1995. 7. Although her driver's license is suspended, defendant has been driving with the children. B. Notwithstanding his concerns for Melissa's safety and well-being when with her mother, plaintiff d'ilsires to maintain Melissa's contact with defendant. WHEREFORE, Plaintiff requests the court to enter a temporary order: a. confirming primary custody in plaintiff, b. awarding defendant partial custody of Melissa on alternating weekends beginning July 19, 1996; 3 Theroaa Barrett Male supreme Court 146439 115 Plne street Harrlaburg, PA 17101 (717) 233-3220 Attorney For Plalntlff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY RADIC, I Plaintiff ~ ~ v. I NO. 96- civil Tel'm I JACKIE CRAWFORD, I Defendant CIVIL ACTION - CUSTODY ORDER or COURT AIiD 1i0W, thla _ day of , 1996, upon conulderatl.on of the attached complaint for Cuatody, It la h<lreby directed that the part lea Bnd their reapectlve counael appear before ,Eaquire, the Concillator, at hla/her offlce, on the day of , 1996, m. for a Pre-Hearing Cuatody Conference. At ouch Conference, an effort will be made to reaolve the iSDuea in disputer or. If thla cannot be accomplished, to define and narrow the iaDuea to be heard by the Court, Rnd to enter into a Temporary Order. All children age five or older may alao be preaent at the Conference. Failure to appear at the Conference may provlde grounda for the entry of a temporary or permanent Order. For the Court, Date of Order. By. Cuatody Conciliator VOU SHOULD TAKE THIS PAPER TO VOUR LAWVER AT ONCE, IF YOU DO 1i0T HAVE A LAW~ER OR CANNOT AFFORD ONE, GO TO OR TELEPliOliE TilE OFFICE SET FORTH BELOW TO FIND OUT WIlERE YOU CAli GF.:T LEGAL HELP. Court Adminietrator Cumberland county Courthouna - 4th Floor 1 Courthouoo Avenue C.ll'l1Dle, PA 17013-3307 (717) 240-6200 I PLAINTIFF'S EXHIBIT ^ Theresa Barrett Hale Supreme Court 146439 115 Plne Street Harrisburg, PA 17101 (7171 233-3220 Attorney For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY RADIC, : Plaintiff : I v. : NO. 96- Civil Term : JACKIE CRAWFORD, I Defendant : CIVIL ACTION - CUSTODY QOHPLAiNT FOR CUSTOD~ 1. The plaintiff is Gregory Radic, residing at 3804 Candlelight Drive, Camp Hill, Pennsylvania 17011, cumberland County. 2. The defendant is Jackie Crawford, residing at 24 Deckert Road, Harrisburg, Pennsylvania, Dauphin County. 3. Plaintiff seeks custody of the following children: ~ Present~gidence I2Qlll Jason Radic Melissa Radic 3004 Candlelight Drive Camp Hill, PA 0'16/80 1/10/83 The children were not born out of wedlock. The children presently are In the custody of plaintiff, who resides at 3804 Candlellght Drive, Camp Hll1, Pennsylvania. Plaintiff has no Information of n custody proceedlnq concorn- ing tho children pending in a court of this Commonwealth. Plaintiff does not know of any person not n pnrty to this proceeding who has physical custody of the children or who clnims to have custody or visitation rights with respect to tho cllildron. .,. The bo01t. intorest and permanont welfare of \'II<' ch II<lren wl.ll be served by fJrantl.ng the relief rO<juOlltod bOCillllll't n. Plaintiff hns boen the primary caretaker of Jason and Melissa for thirtoon yoars and ten years, respectively; b. Plaintiff is the sole source of support for both children; c. Defendant fails to supervise Melissa when Molissa visits with her; d. Defendant roceivod hor third Dur conviction in eight years in or around October or November 1995; e. Defendant's license is suspended but she continues to drive with the children in the car. B. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties t~ this action. 1 ~ r,: '" i' u. ~t m ~1~ " @~ '" [iI' ;;-. J' ".' ., Ill. V) U ~'-I , .f , J .' :1. ..j . '- 1.)'ll : ~ J ,fIj ~ I I. . , ':l i...J ~. ..... ~~ ~ ."" . f\--.!. -... . ' .) ,,,,",, ......, c:::-~ ~ :::; ~ ,~ .. \J~ Al 0~ , , boll" ~ ~ il~ !i ~ l~ ~ ~; F x o ... During the past five (5) years, the children have resided with the following persons at the following addresses I tiAJU Address DAn Gregory Radic Susan Bogar Cole Bogar Corey Bogar Gregory Radic 3804 Candlelight Drive Camp Hill, PA 6'96 to date 651 Willow Grove Road Car lis Ie, PA 10'94 to 6'96 Gregory Radic and patornal grandparents 575 High Street Bressler, PA 1991 to 10'94 The mother of tha child is Jackie Crawford currently residing at 24 Deckert Road, Harrisburg, Pennsylvania. She is divorced. The father of the children is Gregory Radic, currently residing at 3804 Candlelight Drive, Camp Hill, Pennsylvania. He is divorced. 4. The relationship cf Plaintiff to the children is that of father. The plaintiff currently resides with the following persons I his fiance6 Susan Bogar, her children, Cole Bogar and Corey Bogar, and the SUbject children. 5. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the fOllowing persons: her daughter Shawna (age 6). 6. Plaintiff has not participated as a party or witness, or in another capacity, in litigation concerning the custody of the children in this or in any other court. 2 Plaintiff has no information of a custody proceeding conoern- ing the children pending in a court of this Commonwealth. Plaintiff does not know of any person not a party to this proceeding who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested becausel a. Plaintiff has been the primary caretaker of Jason and Melissa for thirteen years and ten years, respectively; b. Plaintiff is the sole source of support for both children; c. Defendant fails to supervise Melissa when Melissa visits with her, d. Defendant received her third DUI conviction in eight years in or around October or November 1995, e. Defendant's license ia Buspended but she continues to drive with the children in the car. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 3 , .' " " ,") i .. f " PI l~ ," I ., '~i < I: , . ';' ~ ,;1 ,. .' i' I ' r'~ ,.1, <,r;1 l,. , I' t !IJ.. , .' ~ I':' ) ".J (,H .',l r I ii, There.a Barrett Male supreme Court 146439 116 Pine Street Harr1ebur9, PA 17101 (717) 233-3220 Attorney For P1a1ntlff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY RADIC, t Plaintiff t t v. t NO. 96-3479 Civil Term t JACKIE CRAWFORD, t Defendant t CIVIL ACTION - CUSTODY AND NOW, July ORDBR OJ' COURT l.t:;t( 1996, upon consideration of Plaintiff's Motion For Hearing, the Court GRANTS the motion. Plaintiff's Application for Special Relief shall be heard on Tuesday, August 13, 1996, in Courtroom # 5, at 11:00 a.m., in the Cumberland county Courthouse, High and Hanover streets, Carlisle, Pennsylvan.ia. BY THE COURT: J J. ., " .J'I I j" ' served with a temporary protection order antered by the Dauphin county court of common Pleas. 5. The temporary protection order issued as a result of a petition for protection from abuse docketed as followst Melissa Radic, a minor, by her guardian and natural parent, Jackie crawford v. G~egory Radie, Dauphin county Court of common Pleas. No. 2966 S 1996. 6. Plaintiff believes and therefore avers that Defendant in this proceeding filed the PFA petition in retaliation for his refusal to allow Melissa to provide daycare for Defendant's six year-old daughter from another relationship. 7. There is no legal sufficiency to the allegations of abuse. o. The temporary order echeduled the hearing for June 26, 1996. 9. At Plaintiff's request, this court continued generally the June 25, 1996 special relief hearing. A true and correct copy of the continuance order is attached as Exhibit "A". 10. On June 26, 1996, Plaintiff filed a petition for protection from abuse on his behalf and on behalf of Melissa Radic against the Defendant in this proceeding. 11. The parties appeared before the Honorable Lawrence F. Clark, Jr. on June 26, 1996 for the protection hearing, but were unable to finish the hearing because the case was not called until after 4tOO p.m. 2 12. The Honorable Clark advised the parties, however, that the Cumberland county custody action is the appropriate forum for resolution of the issl~es raised in the initial phases of the hearing. 13. On June 28, 1996, the Honorable Clark modified the temporary protection order to allow contact between Melissa and her father. A true and correct copy of the modifiad temporary ox'der is attached as Exhibit "B". 14. Melissa's brother Jason continues to reside with Plaintiff in Cumberland county. 15. As of July 9, 1996, the Dauphin county court has not scheduled the conclusion of the protection hearing. WHEREFORE, Plaintiff requests the court to reschedule the hearing on his application for special relief and thereafter enter an order awarding him custody of Melissa and Jason Radic. Respectfully submitted, fl:( ~/_IiCL~'fl1 ,.J~ Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorney for Plaintiff Datel 7'9'96 3 9. ~ ~ I,)- '- ro'1 ." ell " - i; : ~ i.'., <<.:; "f: 1 UI' , Cj' , ~ , p;' 1.-, i (" j ,', .: ~ \ " ( ~, I " UII) , . I ,:~ I ( ;:) l' 4 I IJ, , ,,' , . 1,"1 I ,: ~ ~ i ~ j I CO ~ l~ ~ ~ ~ I F J: o ... SFP 1 fj mqf:lk Theresa Bsrrett Hale supreme Court 146439 115 Pine street Harrisburg, PA 17101 ('117) 233-3220 Movant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY RADIC, plaintiff v. NO. 96-3479 civil Term JACKIE CRAWFORD, Defendant CIVIl, ACTION - CUSTODY AND NOW, this ORDER or U 1~ COURT day of September., 1996, upon consideration of the Petition For Leave to Withdraw as counsel, this Court GRANTS Theresa Barrett Male, Esquire leave to withdraw as counsel for Plaintiff in the above-captioned custody action. BY THE COURT: '" . ) 1 'J I J J. , " ) I "') . :1 ,,~ .' " ') 'J OJ' ,~ Theress Barrett Hale Supreme Court 146439 115 Pine Street Hsrrisburg, PA 17101 (717) 233-3220 Movant COURT OF COMMON PLEAS ,OF cUMBERLAND COUNTY, PENNSYLVANIA GREGORY RADIC, I Plaintiff I I v. I NO. 96-3479 Civil Term I JACKIE CRAWFORD, I Defendant I CIVIL ACTION - CUSTODY MOTION TO MAKe RULE ABSO~ Theresa Barrett Male, Esquire ("Movant") respectfully moves this Court as follows: 1. On or about August 7, 1996, Movant filed a petition for leave to withdraw as counsel on behalf of Plaintiff in the above- captioned matter. 2. On August 8, 1996, this Court, by the Honorable J. Wesley Oler, Jr. issued a rule to show cause why the relief requested in the petition should not be granted. The rule was returnable twenty (20) days from the date of service. 3. Under cover of letters dated I\ugust 6, 1996, Movant served a copy of the petition upon defense counsel and upon Plaintiff, respectively. True and correct copies of the letters are attached as Exhibit "l-a and 1-b". ~ III .,. 1.-- ('". '. ~-, i;J\ 'j~ , . J c.- ~' ~ ) '. t!. ,)~ r. 0,() . ~ l'- (,00 :1L9 1.), - ' ';.i' a:'t' u ,hIE LI,f '.11 I., Cl . ~ ~ ~ ,n d. Q\ , , -. 4. Issues yet to be resolved: See ettached Order. 6. The Plaintiff's position on custody Is as follows: Unknown. 6, Tho Defendant's position on custody Is as follows: Defendant wanted to have B firm order because there is an existing temporary protective order out for her daughter, Melissa, agolnst the Plaintiff In this case. 7. Need for separate counsel to represent chlld(ren): Neither party requested. B. Need for Independent psychological evaluation or counseling: None requested and the Conciliator does not believe any Is necessary. 9, Other comments: Defendant's counsel related that she had talked to Plaintiff on several occasions and that he was aware of the various conferences. This was the second time that a conference was scheduled because thel'e was no service the first time. The Conciliator also called the place whare Plaintiff apparently lives in Palmyra. The Conciliator confirmed that he IIvad there end related that he was calling as a result of the conciliation being scheduled. Tha Plaintiff also has a residence in Carlisle, None of the mail has been returned to counselor to the Court as being unclaimed, so it is clear that the Plaintiff was aware of the various conciliation dates and times and just chose not to attend. 2