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HomeMy WebLinkAbout03-1706GARY RADABAUGH, Plaintiff Vo RHONDA RADABAUGH, Defendant · CIVIL ACTION - LAW · IN CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT FOR CUSTODY AND NOW, comes the above-named Plaintiff, Gary Radabaugh, by and through his attorney, Jay R. Braderman, Esquire and files the following: 1. The Plaintiff is Gary Radabaugh, residing at 131 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant is Rhonda Radabaugh, residing at 30 Greenmont Drive, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff seeks custody of the following ch~dren: Name Present Residence Age Jared Radabaugh 30 Greenmont Drive 13, born July 17, 1989 Enola, PA 17025 Seth Radabaugh 30 Greenmont Drive 4, bom February 21, 1999 Enola, PA 17025 Seth Radabaugh was not bom out of wedlock. Jared Radabaugh was adopted by Plaintiff after the marriage between Plaintiff and Defendant, which marriage occurred on May 10, 1997. The children are presently in the custody of Rhonda Radabaugh, who resides at 30 Greenmont Drive, Enola, Cumberland County, Pennsylvania, 17025. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or in any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or 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 because: A. Defendant has assumed de facto custody of the children, she allows Plaintiff to have temporary physical custody of the children at times she decides; B. Defendant has threatened to move out of state thereby depriving Plaintiff of contact with his children. 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. the Court to grant him substantial rights of partial WHEREFORE, Plaintiff requests physical custody of the children. Date: 'a4e~an, Esquire I.IX. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff VERIFICATION I '~'crifv. theft th~ ,~tatcra~nts made in this Complaint arc 'true and correct. I undcrs~d rhm l~l.~c statements herein are made subj¢¢~ ~to the pet~alties of 18 Pa. C. S~ §4904 rclating to unswom !hlsification to authorities. GARY RADABAUGH : PLAINTIFF : V. : RHONDA RADABAUGH DEFENDANT · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1706 CIVIL ACTION LAW CUSTODY ORDER OF COURT AND NOW, Thursday, April 17, 2003 , 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 Wednesday, May 28, 2003 at 12:30 PM 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. Greevy, Esq. 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY RADABAUGH, : Plaintiff : V. : RHONDA RADABAUGH, : Defendant : NO. 03-1706 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRA~CIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Please enter the appearance of Diane G. Radcliff, Esquire, as attorney for the Plaintiff, Gary Radabaugh, in the above captioned matter. Respectfully submitted, Camp Hill, PA 17011 PHONE: (717) 737-0100 Fax: (717) 975-0697 I.D. No. 32112 Attorney for Plaintiff GARY RADABAUGH, : Plaintiff : : v. : NO. 03-1706 : RHONDA RADABAUGH, : CIVIL ACTION - LAW Defendant : IN CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance as attorney for the above-named Plaintiff, Gary Radabaugh. Date: quire Id/No. 0704 7 l~6Lc.~ 6 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY RADABAUGH, Plaintiff Vo RHONDA RADABAUGH, Respondent · NO. 03-1706 CIVIL TERM · CIVIL ACTION - LAW · CUSTODY ACCEPTANCE OF SERVICE I, Constance P. Brant, Esquire, attorney for the Defendant, Rhonda Radabaugh, in the above captioned action hereby accept service of the Custody Complaint. I certify that I am authorized to accept service on behalf of the Defendant. Date: CONSTANCE P. BRUNT, ESQUIRE Attorney for the Defendant Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY L. RADABAUGH Plaintiff V. RHONDA S. RADABAUGH Defendant NO. CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW, this I i~ day of_72~003, Rhonda S. Radabaugh and Gary L. Radabaugh hereby stipulate and agree that the foregoing Custody OrclO shall be entered by the Com:t in the above captioned matter. IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. RHONDA S. RAI)ABAUGH t9 Date: Date: {SEAL} {SEAL} STIPULATION FOR CUSTODY ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY L. RADABAUGH Plaintiff NO. 03-1706 CIVIL TERM CIVIL ACTION - LAW Pd-IONDA S. RADABAUGH Defendant : IN CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this 16~ay of O'o t~ ,2003, following a Pre-Hearing Custody Conference before Melissa P. Greevy, Esquire, Conciliator, and upon agreement of Rhonda S. Radabaugh (hereinafter referred to as "Mother") and Gary L. Radabaugh (hereinafter referred to as "Father")(Mother and Father are sometimes hereinafter referred to individually as "Parent" and collectively as "Parents") to the entry of a Temporary Custody Order pertaining to their minor children, Seth D. Radabaugh, bom February 21, 1999 and Jared J. Radabaugh, bom July 17, 1989, hereinafter referred to as the "Children"), IT IS HEREBY ORDERED AND DECREED as follows: LEGAL CUSTODY: The parties will share joint legal custody of the Children. Joint legal custody means the right of both parents to control and to participate in making decisions of importance in the lives of their children, including educational, medical, and religious decisions and other decisions affecting their general welfare. Each party shall be responsible to inform the other on a timely basis of any information relating to the children which could reasonably be expected to be of interest to a parent. Notwithstanding shared legal custody by both parents, non-major decisions involving a child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Order. Pursuant to the foregoing the following shall apply: Access to Information: Each Parent shall be entitled to access to any and all information regarding the health, education, religion, and general well being of the Children, and pursuant thereto each Parent shall be entitled to communicate with and receive information and documents from any persons or entities having such information and/or documents regarding the health, education, religion, and general well being of the Children so that informed decisions can be made. Communication: Each Parent shall permit and encourage communication by the other Parent with doctors, clinics, hospitals, other health care providers, teachers, guidance counselors, other school personnel regarding said Children's health, education and welfare. Non-Major Decisions: Non-major decisions involving the Children's day to day living shall be made by the Parent then having custody, but to the extent possible, the Parents shall attempt to make such Rules and follow such schedules as would provide the Children with continuity regardless of the then existing custodial Parent. 10. Emerg$3.~__Decisions: Emergency decisions regarding the Children shall be made by the Parent then having physical custody, but that Parent shall commtmicate to the other Parent the nature and extent of the emergency and shall provide that other Parent with all information pertaining to the treatment so that the other Parent may be involved in the decision making process at the earliest possible time. Information Exchange: Each Parent shall provide the other Parent with information concerning the well being of the Children including, but not limited to, the Children's report cards, school meeting notices, vacation schedules, classes programs, requests for conferences, results of diagnostic tests, notices of activities, Order forms for school pictures, communications from health care providers and the like as soon as practicable after receiving such intbrmation. Co~ies of Documents: Upon receipt by a Parent, copies of the Children's school schedules, special events notifications, report cards and the like shall be provided to the other Parent. Each Parent shall share with the other Parent any other information and documentation, or copies thereof, that each Parent possesses regarding the Children within such reasonable time as to make the records and information of reasonable use to the other Parent. Mall: Each Parent, upon receipt of mail or packages addressed to the Children from the other Parent or any member of the other Parent's family, shall see to it that such unopened mail or packages are immediately given to the Children. Residence Address: Each Parent shall at all times provide the other Parent with his or her residence/home address where the Children can be reached when in that Parent's custody. If either parent intends on relocating from his or her current residence, or any other residence hereafter established, regardless of its location and/or any requirement to obtain court approval as herein provided or otherwise required by law, as soon as reasonably practicable after making a determination to relocate, but in no event any later than thirty (30) days prior to such intended relocation, the relocating Parent shall provide the other Parent with information regarding that intended relocation including the new address, the intended date of relocation, the new telephone number, and information regarding any change in school attendance. Telephone Contact: Both Parents shall be afforded reasonable telephone contact with the Children while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with his or her phone number where the Children can be reached when in that Parent's custody. Each Parent, step-Parent, or live-in mate shall not unreasonably interfere with the Children's right to privacy during such telephone conversations, nor shall listen to that conversation on an extension telephone. Each Parent shall make all reasonable efforts to make sure that the Children receive any phone message from the other Parent. Alcohol and Drugs: During any period of custody or visitation, neither party shall possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication, nor permit any other household members and guests or other persons to possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication in the presence of the Children. Further -2- 11. 12. 13. 14. 15. both Parents are prohibited from giving the minor Children alcoholic beverages or controlled substances to use and/or consume. Seat Belts: During periods of transportation, both Parents shall ensure that the Children are wearing seatbelts and properly protected. No Derogatory Comments: Neither Parent will undertake, or permit by any other person, the poisoning of the Children's mind against the other Parent, by conversation or otherwise, any communication that explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other Parent or extended family members. Neither Parent shall attempt, or condone any attempt, directly or indirectly, to estrange the Children from the other Parent. At all times each Parent shall encourage and foster in the Children a sincere respect and affection for the other Parent. No Discussion: Neither Parent shall discuss any aspect of the custodial situation, other than finalized custody schedules, with the Children. Neither Parent shall discuss any pending legal action involving the Parents with the Children. Neither Parent utilize the Children for purposes of conveying information or inquiries pertaining to the Children and/or any pending legal action to the other Parent. Further, neither Parent shall attempt to discuss any matter relating to the custody schedule, any other parenting issue, or any financial/economic issue with the other Parent or with any third party within earshot or presence of the Children. Temporary Absence from Residence: If either Parent intends on removing the Children from his or her residence for a period in excess of forty-eight (48) hours, that Parent shall provide the other Parent with the address and phone number where the Children can be reached during the period of absence. Relocation: Neither Parent shall remove and permanently relocate the Children from the area in a 20-mile radius of Mechanicsburg, Pennsylvania without first obtaining the other parent's written consent or a Court Order approving said relocation. PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Children: 1. Primary Custody: Mother shall have primary physical custody of the Children, subject to the custody schedule hereafter set forth. 2. Partial Custody: Father shall have rights of partial physical custody of the Children, subject to the custody schedule hereafter set forth. 3. Custody Schedule: The Parents rights of custody shall be in accordance with the following schedule: a. Primary Custodian's Periods: Mother shall have custody of the Children for all periods not specifically reserved for Father in herein. -3- Altematin_~g_~Weekends: Father shall have custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:30 p.m. during the school year. Father's weekend custody shall extend to 7:00 p.m. during the summer school vacation. Father's next weekend shall be the weekend of June 6, 2003 through June 8, 2003. Mid-Week Period: Father shall have custody every Tuesday and on alternating Thursdays to occur on the weeks following his alternating weekend. During the school year, such periods of custody shall be from 5:00 p.m. until 8:00 p.m. Custody shall be extended to 8:30 p.m. during the summer school vacation. In the event that one or both of the children are engaged in a scheduled activity on any such day, Father's period of custody shall commence at the conclusion of that activity. Holidays/Special Days: Custody for major holidays and special days shall be in accordance with the following schedule: Easter From 6:00 p.m. the evening before Mother Father Easter Day until 6:30 p.m. on Easter Day Memorial Day From 6:30 p.m. the Friday evening Father Mother before Memorial Day until 6:30 p.m. on Memorial Day July 4t~ From 6:00 p.m. on July 3~a until 8:00 Mother Father p.m. on July 4t~ Labor Day From 6:30 p.m. the Friday evening Father Mother before Labor Day until 6:30 p.m. on Labor Day Thanksgiving From 6:00 p.m. the evening before Mother Father Thanksgiving Day until 6:00 p.m. on the Friday after Thanksgiving Day Christmas Segment #1 From 10:00 a.m. on 12/24 to 12:00 Father Mother p.m. 12/25 Christmas Segment #2 From 12:00 p.m. 12/25 to 7:00 p.m. Mother Father 12/26 New Years Segment #1 From 6:00 p.m. on 12/30 until 6:00 Father Mother p.m. on 12/31 New Years Segment #2 From 6:00 p.m. on 12/31 until 6:00 Mother Father I P.m. on 1/1 -4- Mother's Day From 6:00 p.m. the Friday evening Mother Mother before Mother's Day until 7:00 p.m. on Mother's Day Father's Day From 6:00 p.m. the Friday evening Father Father before Father's Day until 7:00 p.m. on Father's Day No Interruption: In the event a Parent is to have custody on a holiday that immediately precedes or follows his or her regular alternating weekend or other period of regularly-scheduled custody, that Parent shall have custody of the Children without interruption between the holiday and the weekend or other such custody period. Special Provisions Regardine Weekend Switching: The foregoing notwithstanding, if any holiday/special day period herein provided results in a Parent having custody for more than two (2) consecutive full weekends, the party entitled to the holiday weekend shall switch weekends with the other Parent so that neither Parent has custody of the Children for more than two (2) consecutive weekends. In that event, the other Parent shall have custody on the weekend immediately following the holiday weekend. Notwithstanding any such change in the alternating weekend schedule, the alternating Thursday evening schedule set forth in Paragraph B.3.c. shall not change. Additional Custody Time: Each Parent shall be entitled to up to an additional fourteen (14) days of physical custody in each calendar year, under and subject to the following terms and conditions: Consecutive or Non-Consecutive Weeks: The additional custody days are to be exemised in no more than seven (7) consecutive day periods, and shall not include any portion of the other Parent's regularly-scheduled weekend custody unless the parties otherwise agree. In the event that such custodial period is exercised on a Friday and/or Monday in conjunction with that Parent's regularly-scheduled weekend custody, Saturday and Sunday of that weekend shall be considered to constitute two (2) of that Parent's fourteen (14) permissible days of additional custody. The Children shall not be removed from school for any additional custodial period except upon the mutual agreement of the Parents. Mother shall exercise additional custody periods from July 15 through 17, 2003, and from August 8 through 17, 2003, due to previous reservations made. Because the August period includes one of Father's regularly-scheduled weekend periods of custody, Father shall instead exercise weekend custody during the weekend of August 22 through 24, 2003. -5- Advance Written Notice: Each Parent must provide the other Parent with advance written notice of his or her intention to exercise any additional custodial days that will interfere to any extent with any other regularly-scheduled period of custody assigned to the other Parent herein. Such notice must be provided at least thirty (30) days in advance if the Parent intends to exercise more than four (4) consecutive additional custodial days. If the Parent intends to exercise four (4) or less consecutive additional custodial days, such notice must be provided at least fifteen (15) days in advance. Conflict: Should conflict arise between the selection of said additional custodial days, the first Parent to notify the other Parent of his or her selection shall have the right to exercise custody on the days selected, and the other Parent shall select other times for his or her additional custodial days so as to avoid any conflicts. Modification: The Parents shall be at liberty to modify the custodial periods herein provided to accommodate their respective schedules and special events, subject, nonetheless in all respects to the mutual agreement of the Parents for any such modifications. Precedence: The holiday schedule shall take precedence over any other custodial period set forth herein. The vacation custody periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. Children's Activity Schedules: Both Parents shall be responsible for maintaining the attendance of the Children at any scheduled school or other activities in which they may be involved and for transporting the Children to such activities during their respective periods of custody. Location of Custodial Exchanges: Father shall provide all transportation for his mid-week periods of custody set forth in Paragraph B.3.c. above. The Parents shall share responsibility for transportation for all other custodial exchanges. The Parent who is receiving custody shall pick up the Children at the other Parent's home, or at school or daycare where appropriate. During all exchanges occurring at the home of a Parent, the Parent receiving custody shall remain in his or her vehicle and the Parent relinquishing custody shall remain in his or her home, so that there shall be no contact between the Parents. The Children will walk from the relinquishing Parent's home to the receiving Parent's car. Unavailability: In the event either Parent is going to be out of town or is otherwise unavailable to exercise his or her custodial periods for a period in excess of eight (8) hours, they shall notify the other Parent accordingly, and the other Parent shall be provided with the opportunity to have custody for the period of unavailability. COUNSELING: The Parents shall promptly commence counseling with Deborah L. Salem, MHS, CAC, of Interworks, or with such other counselor as they and their counsel may agree, for the purpose of attempting to reach a final agreement for resolution of legal and physical custody and co-parenting issues -6- and improving their communication and conflict-resolution skills. Such counseling shall be subject to the following terms and conditions: 1. Duration of counseling: The Parents shall participate in such group orientation sessions and individual counseling sessions as may be recommended by the counselor and in a minimum of five (5) joint sessions involving both Parents and the counselor, unless otherwise recommended by the counselor or agreed by the Parents. Both Parents shall cooperate in the prompt scheduling of all such appointments and will consult one another before committing to any specific date or time for an appointment involving the other Parent. 2. Cost of counseling: The Parents shall cooperate as necessary to utilize medical insurance to the extent possible to minimize the out-of-pocket cost to them of the counseling. Any required co- payments or uninsured expenses shall be equally divided between the Parents. 3. Counseling involving Children: To the extent that the counselor recommends that the Children be involved in the Parents' counseling or in counseling for the Children themselves, the Parents shall cooperate as necessary to make the Children available for such sessions. This shall include transporting the Children to and from any session occurring during a Parent's period of custody, unless recommended otherwise by the counselor. Neither Parent shall commit to any appointment involving the Children which would interfere with any portion of a regularly-scheduled period of custody assigned to the other Parent herein without the prior consent of the other Parent. Distribution To: ~TTORNEY FOR PLAINTIFF: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 BY THE COURT: / ,~a~TORNEY FOR DEFENDANT: Constance P. Brunt, Esquire Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 GARY L. RADABAUGH, Plaintiff V. RHONDA S. RADABAUGH, Defendant JUL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1706 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ,ORDER TO RELINQUISH JURISDICTION AND NOW, this 15th day of July, 2003, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. lissa Peel Greevy, Esquire ~" Custody Conciliator :215901