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Home My WebLink About00-05377 r= ( - DAWN C. O'NEILL PLAINTIFF V. BRIAN K. RADABAUGH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-5377 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 7th day of AU2nst ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at 214 Senate Avenue, Suite 105, CampHiU, PA 17011 on the ~dayofSeptember ,2000, at 9:15 a.m. 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 defme 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. FOR THE COURT, By: Isl Melissa P. Greevy. ES~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , - ,) "~_ r, ,__ !!1m' ~io'M;~~_ ""iF;i-_,*l&I:_"-<I'~~~~MJ1&~lt,;;,-....mm;,jhlriil'f'lt;'N..;own''',";.._~'iial''''b~l~ilM~101'-'- " - IIJ1.uml q 1.t)o 1 "'l.OCi 1;'- tJ . t1 (.) ~=-', .>iIlIlII!lli"~' '~'II'lIii< -I FIL ED-OfFiCE OF rer: ~'fJ!J"HONOTARY 00 AUG -9 PI'l I: 51 CUM8EHiPND COUN/Y PENNSYLVANIA M-~~~-j;4~ /l~ /U~ .~ ~. ~~~;q~ ._,." " ,'0_"__" _, , , . ~___. ~~_" ~, ~ II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAWN C. O'NEILL, Plaintiff v. NO. ()()-5J77 ~ BRIAN K. RADABAUGH, Defendant IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at on the day of , 2000, at ___.m., 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. BY THE COURT: Custody Conciliator 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the office set forth above. 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. ~~ "- ~-'- .," - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAWN C. O'NEILL, Plaintiff : v. NO. /H). 5J11 Civil Term f'.>fl..I'~U - K. RADABAUGH, Defendant . . : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, DAWN C. O'NEILL, by and through her attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is DAWN C. O'NEILL whose current address is 50 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is BRIAN K. RADABAUGH whose mailing address is c/o James and Linda Gibbs, 50 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff seeks primary physical and legal custody of the following child: EOIN MICHAEL RADABAUGH, born March 9, 1999 4. The child was born in wedlock. 4'~ .. , F 5. Plaintiff currently resides with the minor child and Defendant's parents. 6. Plaintiff does not know with whom Defendant currently resides. 7. During the lifetime of the child, he has resided at the following addresses with the following persons: Address Wi th Whom Time birth-(2 wks old} Arizona Plaintiff/Defendant 2-3wks old Arizona Plaintiff/Plaintiff's girlfriend 4/1/99-5/30/99 Nottingham,PA plaintiff/plaintiff's mother and stepfather 5/30/99-7/99 50 W. Keller St. Plaintiff/Defendant Mechanicsburg, PA Defendant's parents ~ i 7/99-(for 1 wk} 321 W. Main St. Plaintiff/Defendant Mechanicsburg, PA 7/99""5/15/00 321 W. Main St. Plaintiff Mechanicsburg, PA 5/15/00-6/1/00 Newville, PA Plaintiff/Plaintiff's sister and niece 6/1/00-6/22/00 P.O. Box 1039 Plaintiff Carlisle, PA ;'''''''0 - ~ ~ 6/22/00-present 50 W. Keller St. Mechanicsburg, PA plaintiff/Defendant's parents 8. The father of the child is BRIAN K. RADABAUGH. He is married to Plaintiff. 9. The mother of the child is DAWN C. O'NEILL. She is married to Defendant. 10. Plaintiff has not participated as a party or witness or in any other capacity, in other litigation concerning the custody of the child in this or any other Court, except as set forth above. 11. The Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or in any other State. 12. The 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. 13. Each parent whose parental rights to the child have not been terminated, and the persons who have physical custody of the child, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 14. The best interest and permanent welfare of the minor -"""'"1 " . child will be served by granting Plaintiff primary physical and legal custody of EOIN. WHEREFORE, Plaintiff requests this Honorable Court to grant her primary physical and legal custody of the minor child. Respectfully submitted, Maryann rphy, Legal Services, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff -.'""""-""",.....,,,,,, ,,"'O-"T~ '>~fi-~ -. <~ ~ ~ - .'-~ VERIFICATION I, DAWN C. O'NEILL, verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. ~au~/o~D DAWN C. O'NEILL . ~,",-" IN THE COUkT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAWN C. O'NEILL, Plaintiff v. NO. Civil Term BRIAN K. RADABAUGH, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2000 I served a true and correct copy of the foregoing Complaint in Custody on the Defendant, BRIAN K. RADABAUGH at the address set forth below, by placing a copy of same in the United States Mail, postage prepaid, certified/restricted delivery. Brian K. Radabaugh c/o James and Linda Gibbs 50 West Keller Street Mechanicsburg, PA 17055 Respectfully submitted, Maryann urphy, Legal Services, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 II i l~~~ f ~ 0> '" ~ ~ ~-,~ ~~"~ . -- ,.~. -.~"," ,~ '-'," ~ ~ -,-,','.' ,- "' ",'-:- -~ ,., '-"'<l~-'_-~Ii'-f~ ~-r';f ~ -;'6: ~: :f~'''' ,.' "iiii;::i '~j:H{;--'~r."ii?f'I\"-'-'<r;i-'jtWlfr~~tJlf' Tl 'f _-1_-'~':::~ ~2. ::0::: ."CC' Q)L': .?- <- -:.-'" \ ~~'t:, ..,.-; ,,~ ? ?' --I -<~ cO) C~) 'VO ,- :;-) \ r<.l ;~ . " ',)"'\ \;-, ~ <;l\ ~ "Mll~lI!liIIi1!lil~"~~~,",~."",(;!',;wr;<P"_"Iif'-~!_;,'~j~R'-' i.",,,-":)!!ft'''",W~'''~ffi);~Wil,'''11'1~Nj,\~-'l'iJ"'1!'':'RH;P\~''''-W\';!,''iHlf~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAWN C. O'NEILL, Plaintiff ; NO. ()6 -6377 Civil Term v. : IN CUSTODY BRIAN K. RADABAUGH, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, DAWN C. O'NEILL, Plaintiff, to proceed in forma DauDeris. I, Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party, The party's affidavit showing inability to pay the costs of litigation is attached hereto. "," ~~~~f. ~wre Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff ......... "- - d, ,_~~~,_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAWN C, O'NEILL, Plaintiff : NO. fX)' :/3'11 Civil Term v. : IN CUSTODY BRIAN K. RADABAUGH, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am DAWN C. O'NEILL, Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3, I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: DAWN C. O'NEILL Address: 50 West Keller St.. Mechanicsburl!. PA 17055 (b) Social Security Number: 180-64-4515 If you are presently employed, state Employer: Weis Markets Address: 5140 Simpson Ferry Rd.. Mechanicsburl!. PA 17055 Salary or wages per month: $651. 00 gross Type of work: Cashier '-;'~~"N.. - -~" - ",-< If you are presently unemployed, state N / A Date of last employment: N/ A Salary or wages per month: N/A Type of work: N/ A (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0- Interest: -0- Dividends: -0- Pension and annuities: -0- Social Security benefits: -0- Support payments: -0- Disability payments: -0- Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: -0- Other: -0- (d) Other contributions to household support (Wife)(Husband) Name: N/ A (the parties are sellarated) If your (husband) (wife) is employed, state Employer: N/A "":0::1. ..:~" T~ Salary or wages per month: N/ A Type of work: N/A Contributions from children: -0- (e) Property owned Cash: -0- Checking Account: -0- Savings Account: -0- Certificates of Deposit: -O- Real Estate (including home): N/A Motor vehicle: Make N/A Year Cost N/A Amount owed N/ A Stocks; bonds: Other: N/A -0- -0- (1) Debts and obligations Mortgage: -0- Rent: temDorarilv living with in-laws-no rent currently Loans: -0- Monthly Expenses: Approximately $500.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A '''''?'''I'l'' ~,,,,.." . - ~? " " - Children, if any: ~ Name: Eoin Age: 4, I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5, I verify that the statements made in this affidavit are true and correct. 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:l-;) \~ OJ ~,CJI~ DAWN C, O'NEILL l1\".~'''""' "'" .-!"- !il ~ " " , , Li' -1'- -.~ ^~ ~."-, ~ n= <__, I ,. () CJ '-.... ~: ~^~-- .-~', ~ , ""tj [~:,~ '.--. CD :::;'J -?; ." I .'n_ , 1"'-) C!-~ -'- r" , :i;:. ," " >-:-~ ~.:-. ::- ~'_\ , :1 .- ....< l" ," __.."""""<I~~~JIil!';"'1f':~I'~lrQJi!~~lll!III!ml'1,,,,,,,__"~8~~I!i!!l~:1n~J;~ ~_, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW DAWN C. O'NEILL, Plaintiff NO. 2000-5377 Civil Term v. BRIAN K. RADABAUGH, Defendant IN CUSTODY AND NOW, this ORDER ?-1 day of , 2000, upon consideration of the attached Stipulation for Entry of a Custody Order, IT IS HEREBY ORDERED AND DECREED that custody with respect to the minor child: EOIN MICHAEL RADABAUGH, born March 9,1999, is awarded as follows: 1. MOTHER shall have primary physical and legal custody of the minor child. 2. FATHER shall have supervised visits one weekday each week, and one weekend day on alternating weekends, on days and at times mutually agreed upon by the parents, FATHER shall have his visits in the presence of a mutually agreed upon third party, at a location mutually agreed upon by the parents. 3. FATHER shall provide transportation for his visits. FATHER shall have a responsible third party mutually agreed upon by the parents drive him to a location designated by MOTHER for the transfers of custody. FATHER shall remain in the vehicle at all times during transfers of custody. 4. Neither parent shall use illegal drugs, nor shall they abuse alcohol, during their periods of custody. Additionally, both parents shall ensure that third parties do not use illegal drugs or abuse "r-,'. ;-- ~ '-'< , - -~ ".' ''l ' '~'" - alcohol in the presence of the child. 5. This Order shall replace and supercede any and all prior Orders of Court or agreements between the parties. 6. This Order shall remain in full force and effect until further Order of Court. BY THE COURT: J. /y l ~vJ> ~ -\.00 rf'( '1 -'d ,)., ~i' i," -'''"fit' ~1iI ., -~~-.MM.-~~J!j~l~lillil:IliiIW!l<illi'~i1Mlr."'~~d~~-lM,,:lli<il1M0dl:<g,;w,*i!i'1ilr:i;' l!f!ill.liiIll~WM. .-~ .~ '(Ff.RV "\.'Ir\ , On A"" , U J.ji..;{J 2L.! l.",' e, II Ht: {J: . CUI"""""' . . vk)'-;",'r ..t:J')' ,'--,,'.", 'I,r~y -, '-' <"Il -I "uIJI PENNSYLVAi\JIA I ~"P :l.'I!j~lllihl~illllIltl!1.l!ll -,- ~ ~ ~: lit ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW DAWN C. O'NEILL, Plaintiff NO. 2000-5377 Civil Term v. BRIAN K. RADABAUGH, Defendant IN CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER The parties to this action, DAWN C. O'NEILL (hereinafterreferred to as "MOTHER"), and BRIAN K. RADABAUGH (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody with respect to the minor child: EOIN MICHAEL RADABAUGH, born March 9,1999, hereby stipulate and agree to the entry of an Order of Court awarding custody of EO IN as follows: I. The parents agree that MOTHER shall have primary physical and legal custody of the minor child. 2. The parents agree that FATHER shall have supervised visits one weekday each week, and one weekend day on alternating weekends, on days and at times mutually agreed upon by the parents, FATHER shall have his visits in the presence of a mutually agreed upon third party, at a location mutually agreed upon by the parents. 3. The parents agree that FATHER shall provide transportation for his visits, FATHER ~-= . ~ '-"'" - '-~ . agrees to have a responsible third party mutually agreed upon by the parents drive him to a location designated by MOTHER for the transfers of custody. FATHER agrees to remain in the vehicle at all times during transfers of custody. 4. Both parents agree that neither shall use illegal drugs, nor shall they abuse alcohol during their periods of custody. Additionally, both parents agree to ensure that third parties do not use illegal drugs or abuse alcohol in the presence of the child. 5. The parents agree that this Agreement shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania for approval and for entry of an Order awarding custody as set forth herein, and the parents hereby request that this Honorable Court enter such an Order. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. ')'-IS--OO Date ~1Yt~ l)~C-O~ Witness DAWN C. O'NEILL Ar/' '1 2.1>,,' Date ~-~ Witness 'lJ--' ;r. JU t-C.--. BRIAN K. RADABAUGH ~-I ~~"~ , '"") ~ - ," - ''" - , " - ,-, 'j ,-., I I II I, ii il !I Ii II Ii II II Ii !I ii,,' ~i I;: r; " j: i: ii: i [, Ii 1'1 " ,d !i j'i II Ii' ',"I I , I,! j'i ;~, i r! :: i.: H H d 1:1 I_f f!! 'I i'i! !:1, !il Ilj I,j: ~, ,~~~ ~-" " ~~- (") c "'"" -o~~ nlf'~-; ~~t; cq~; rs:~ :..c-l.....: :5>- z<" -=0 Pee 2' :~ <.-:> C:J ~ ,~ , -,~ '....... ;;') .-.J ~i~ :; . , ,-,'- '- ,--' :_::: S~~' C) ~;! ':1.'] -< I. ~iIf\!;\~m~~!fiI!j,....., J ",r" _ n j~~~W,;" ",.,~~""'_ __.~ ,~~ _ ,~ ~, \.~ SEP 01 2000 tP DAWN C. O'NEILL, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, No. 00-5377 Civil Action - Law BRIAN K. RADABAUGH, : Defendant. In Custody ORDER OF COURT AND NOW, this 24th day of August, 2000, the Conciliator, being advised by Plaintiffs counsel that all custody issues have been resolved by Stipulation of the parties, hereby relinquishes jurisdiction in this case. FOR THE COURT, ( ~c:'Wro \ Custody Conciliator \" . - '0 ~~':'1-1 - _ " .- ~",- .J'~oi.r_iWjflill;:""""""'--~'- "C6'~~~ " __"~_ .".;;".:.t>III.1' ," I. , -~<_,H'<'. ',~>,,_:,_ '" ,,'".~-, c.:::. .c::: :;./} ," "v o ~; -ocr. rnn', Z:i: ~~:~ y'c-, -y; (~-, 2" ~'~ ,:::\ -"- "~- CO 2': ~ c;S' r;::- (,) !, [:f i I' It , i i ( t ~ I ., "f , I I. i: 1", ! i". \ " I' I ii' ':' '/ I: I I U II ii 1-': t:: i .i;i 1-' Iii r) ':1 j': [f I:i ,I II II II Ii li r Ii II Ii I' Ii Ii ! I I I '" "".'.,