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HomeMy WebLinkAbout99-02120 Q ~ ..... ~ ~ ERIC D, mOMAS IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA PLAINTIFF v, 99-2120 CIVIL ACTION LAW LORlE A, RADABAUGH DEFENDANT IN CUSTODY ORDER OF COlJRT AND NOW. Friday, January 25, 2002 , upon consideration of the allached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq, ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 07, 2002 at 10:30 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 (0 be heard by the court, and to enter into a temporary order, All children age five or older may also be present al the conference, Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order, The court hereby directs the parties to furnish any aOlI 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/ Hilbert X, GilrQ)i, Esq, ~Vl 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 infonnation 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 allend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR A TIORNEY AT ONCE, IF YOU DO NOT HAVE AN A TIORNEY 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 A venue Carlisle, Pennsylvania 17013 Telephone (717) 249.3166 ~ ~ \l r6 ~ ("0 ~ ~ -a ". VI ~ (): 1 ~ 0; In <, Z (f. ~- c;, -:> UJr! ..,.,.-)~ '- -?' ... <.. l~" :r.; (J;':: () -. '.) ,c, _. """ .-:}~ () ~ ,::;'. .'>- , t CO 'U) c.~- . c'"' ~:z 0 fi 11 ~. .C-" t.:' .,, ill u:- Ld l.na.. ~ ... CJ -.; U- S ~ """- () Cl c..> 't>> , , ERIC B. THOMAS, Plaintiff IN TI IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, CIVIL ACTION. LAW LORIE A, RADABAUGH, Defendant NO. 99.2120 CIVIL TERM ORDER OF COIJRT AND NOW. this 12th day of May, 1999. following a conference in chambers with Jerry A. Weigle, Esq" attorney for Plaintiff, and Joan E, Carey. Esq" attorney for Defendant. a hearing on Defendant's Petition for Special Relief is scheduled for Thursday, May 13, ]999, at 9:30 a,m" in Courtroom No, ], Cumberland County Courthouse. Carlisle, Pennsylvania, BY THE COURT, Jerry A. Weigle, Esq, 126 E, King Street Shippensburg, PA 17257 Attorney for Plaintiff Joan E, Carey, Esq. Legal Services, Inc. S Irvine Row Carlisle, PA 17013 Attorney for Defendant . .;...c...-<L .5,/13/ '1'i . - c....r"-"'"' I'" -'" ' -f', ERIC B. THOMAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA n '0 n ~ 'i ", " V, 99-2120 CIVIL TERM ,1 -~\ " ,." I.' < LORII' A. RADABAUGH, :~ c.., I " Defendant CUSTODY :, or' " '" ORDER OF COURT ~.) ill - ; ~~ '. ~. i ~l AND NOW, this 13th day of May, 1999, upofl .'1 -. consideration of Defendant's Petition for Special Relief, and following a hearing, the ex parte order issued on May ll, 1999, with respect to custody of the parties' children, Tiffany Radabaugh (date of birth May 3l, 1988) and Chelsea Radabaugh (date of birth January 3l, 1994), is vacated and, pending the conciliation conference scheduled for June la, 1999, and further order of court, it is ordered and directed as follows: l, Legal custody of the children shall be shared by the parties, 2, Primary physical custody shall be in the mother, Temporary physical custody shall be in the father on alternating weekends from Friday at 7:00 p,m, until Sunday at 3:00 p.m" commencing on Friday, May l4, 1999, and for one week commencing on the second day following the end of school, By rfJ C-,. , 'Wesley' ERIC B, THOMAS, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION. LAW NO, 99-2120 CIVIL IN CUSTODY LORlE A, RADABAUGH, Defendant Prior Judge: J, Wesley Oler, Jr, CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19I5.3-8(b). the undersigned Custody Conciliator submits the following report: I. The pertinent infonnation pertaining to the children who are the subject of this litigation is as follows: Tiffany Radabaugh, born May 31. 1988; and Chelsea Radabaugh. born January 31, 1994, 2, A Conciliation Conference was held on November 27,2000, with the following individuals in attendance: The Father, Eric B. Thomas, who appeared without legal counsel; and the Mother, Lorie A, Radabaugh, with her counsel, Joan Carey, Esquire, 3, The parties met with the Conciliator in early October at which time there was an agreement on an interim custody order, The Mother has exercised visitation with the two minor children on two weekends since that time, Mother now wants to put in place a standard schedule for visitation, However, the parties cannot agree on a number of issues as follows: A, Mother wants alternating weekends that would continue through Monday evening, Mother is an over the road tnIck driver, but she would be available on Sunday evenings on the weekends she would have custody, Father is unwilling to continue alternating weekend through Monday, but Father is willing to agree to alternating weekends, B, There is a major disagreement on the holiday custody time, Father is unwilling to give Mother any time on Christmas Day, Additionally, Mother will be off work the entire week of Christmas and she is seeking visitation at that particular time, 4, The above issues need to be resolved by a Judge, This should take a rather short time for a hearing, The Conciliator has arranged a hearing time in accordance with the attached Order, , OCT J 8 ~ ERIC B. THOMAS, PlaintilT v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W NO, 99 - 2120 CIVIL IN CUSTODY "'\ LORIE A, RADABAUGH, Defendant COURT ORDER AND NOW, this --!~ day of October, 2000, upon consideration of the attached Custody Conciliation Report. it is ordered and directed as follows: 1. This Court's Order of June 25, 1999 shall remain in elTect subject to the following modifications: A. Mother shall enjoy temporary physical custody on the following weekends: the weekend of October 6lh, October 27lh, November 2411i, which shall go through that Monday if the children do not have school on Monday, During this time, Mother shall ensure that the children attcnd church either by taking the children to church herself or making arrangements with the Father for the children to attend church, Additionally, Mother should be sensitive to any social/academic/athletic activities that the children have and Mother should attempt to accommodate the childrens' desires with respect to those activities, B, Father shall provide Mother with detailed infonnation concerning any activities the children are involved in on the weekends Mother Jias custody, Additionally, Father shall provide Mother with the nonnal and customary infonnation concerning the children including, but not limited to, current report cards, infonnation received from school, names of the children's treating physicians and any other pcrtinent infonnation that should be shared with the other parent. 2, This is an interim Custody Order designed to create a situation where Mother starts overnight visitation with the minor children on a regular basis, The parties shall meet again with the Custody Conciliator for a Conference on Monday, November 27, 2000 at 10:30 a,m, At this second Conciliation Conference, the Conciliator will consider the recommendation of a pennanent Custody Order to be implemented based upon how things have developed over the past two months, Additional issues that will be addressed at this Conciliation Conference will include a holiday . JUN ;~ -] 1'J(J,;tIJ ERIC B, THOMAS. Plaintiff v IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA CIVIL ACTION. LAW NO, 99-2120 CIVIL IN CUSTODY LORIE A. RADABAUGH. Defendant COURT ORDER AND NOW, this ,_<-tl.day of June, 1999. upon considemtion Conciliation Report. it is ordered and directed as follows: of the attached Custody I. This COUrt's Order of May 13, 1999 is vacated, 2, The Mother. Lorie A, Radabaugh, and the Father. Eric B, Thomas. shall enjoy shared legal custody ofTilTany L, Radabaugh, bom May 31, 1988 and Chelsea C, Radabaugh, bom January 31, 1994, The children shall reside with the Father, 3, The Mother shall have liberal custody of the children on dates and times as agreed upon by the parties, The Mother shall give the Father at least 2 days notice as to when she wishes to have the children. and the Father shall not unreasonably withhold his agreement. The Father shall also provide the Mother with liberal telephone and written contact with the children, 4, The parties may modity this schedule by agreement. Absent any modifications, this agreement shall control. 5, The parties shall give reasonable notice if the custody schedule needs to be modified, 6, The parties shall notity each other immediately of the medical emergencies which arise when the children are in that parents care and shall keep each other infonned of the children's medical treatment and appointments on a timely basis, 7, Neither party shall do anything that may estrange the children from the other parent. or injure the opinion of the children as to the other parent or which may hwnper their free and natural development of the children's love and respect for the other parent. 8, The above schedule of time for the Mother with the minor children anticipates that the Father will agree to allow the Mother to have extended periods of vacation with the children during the summer, 9, In the event the Mother obtains pennanent housing or in the event there are any other change of circumstances. either party may petition this court to have this case again reviewed by the Custody Conciliator, BY THE COURT, cc: Joan Carey, Esq, 5.. I \ /,., Jerry A, Weigle. Esq, A.X7'/-1 C. 'i:.. I'h \ L'Ld.. tc /';;>/7'7 J, ;.:'.' },t .,,' ,,'; " .;r '~" '1~ ':;1' childrcn sJlorudicall)' sincc the Cl1lry uf Ihe Order: lilr e~amJlle, she hus seenlhe childrenllnly' une duy since Mcmnriul Duy. 2000, und hus newr hud them ovcmi!:ht. b. MOlher hus called lathcr on an 3wm!:e uf twice a \wek since Memuriul Day and has only been allowed lolalk with the children lour times. e. Father has reJICaledly not retumed Mother's calls when she asks to see the children, in ellect, denying her and the children's siblings reasonable contact with them. d. Father and his girlfriend have reJlCaledly failed 10 relay phone messages that Mother has left lor the children. e. The ehildren have not received letters that Mother has senl them. t: Father has denied Mother time with Ihe ehildren on Mother's Day and other holidays in spite of Mother's timely requests. 7. Mother requests Ihatthis Court modify its Order of June 25, 2000, and grant her a specific eustody schedule for reasons including, but not limited to, the following: a. Mother had been the children's primary caregiver prior to the entry of the June 25. 1999. Order. when she agreed that Father have primary custody subject to her maintaining liberal contact wilh the children. b. Since Mother did not have a specific work schedule at the time Ihe Order was entered. she agreed to a flexible schedule with 48- hours notice to Father: however. he has refused to cooperate with the liberal, flcxible custody scheduleordcrcd by thc Court on Junc 25, 2000. e. At the present time, Mothcr has a lairly re!:ulur wnrk schedulcund rctums home 10 Cumberland County evcry othcr wcckend: therefore, she requests a specific schcdulc grunting hcr custody from Saturday at 9:00 a.m. through Sunday at 8:00 p.m. on altemating weckcnds and a sJICcific holiday schcdule, including, but not limited to. alternating holidays, one week during Christmas. Mother's Day and vacation periods during the summer. d. Father has refused to allow Mother regular and rcasonablc telephone access to the children: thereforc, Mothcr rcquests a specific telephonc schedulc. including. but not limited to, Tuesdays, Thursdays and Sundays at 8:30 p.m. and that Father not rcquirc thc children to use thc spcakcr phone whilc talking with her. 8. Mother has tried to work out an agrccmcnt regarding a specific custody schedulc through Lcgal Services. Inc.. and Fathcr's counscl. Jcrry A. Weigle. but no agrcement could be reached. Attorney Weigle has been informed of the tiling of this action. 9. It is not in the ehildren's best interest to bc denicd liberal and regular contact with their mother and siblings. , ',",' ,,,' '" . , -1'-" , . )1'.,; r,lI Ih~'''{1 :." ": n? .1.1 ~.. .. t. '.J . ,I.J _ C.::'.,. "" ..,' r..../J:\.lY j;:;:;..;.' :-j'/L',':.'.!'" tf.;JO -f't! 60' .c'~ ~ d; "7/ ~ '1;;10 'ft} ~ /11a..tb -z till- Lf;;)tJtff' k, _/2 _ I - JI u' /J 77 ~ <4t ""'..xr.c~ .p. . .1 'I . ! . ; ! 711 :,'I! . , 'I 1 During the past five years, the minor child, Chelsea C. Radabaugh, has resided with the following persons and at the following addresses: NAME Lorie, Erie and Shania Radabaugh ADDRESS 504 Cherry Court, Carlisle, Cumberland County, PA DATE '92-10/97 Loric, Erie and Shania Radabaugh; Cathy, Sheena, Marissa and Jeffrcy Swope; Haden Stitt and Cheyenne Swope-Stitt 127 Bccch Strcct, Carlisle Cumberland County, PA 10/97-3/8/99 Eric B. Thomas and Dorie Dunlap 98 Locust Strcct, Shippcnsburg, Cumberland County, PA 3/8/99-4/2/99 Lorie, Eric and . Shania Radabaugh; Cathy Sheena, Marissa and Jeffrey Swope; Haden Stitt and Cheyenne Swope-Stitt 127 Beech Street, Carlisle Cumberland County, PA 4/2/99-present The mother ofthe children is Lorie A. Radabaugh, currently residing at 127 Beech Street, Carlisle, Cumberland County, Pennsylvania. She is single. The father of the children is Eric B. Thomas, currently residing at 98 Locust Street, Shippensburg, Cumberland county, Pennsylvania. He is single. 4. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: NAME Dorie Dunlap RELATIONSHIP girlfriend MARK. WEIGLE AND PERKINS _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257.1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PA ERIC B. THOMAS, Plalnllff, CIVIL ACTION - I.A W LORIE A. RADABAlJGJI. : Defendant. CUSTODY v, NO. 99.2120 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS. ,j '"J' .. Heather Carey, being duly sworn according to law, deposes and says that on April 23,1999 she served true and attested copies of Complaint for Custody upon the Defcndant, Lorrie A. Radabaugh. by mailing the same postage paid, regular mail and certified mail, addressee only, and return receipt requested, at Shippcnsburg, Pennsylvania, addressed as follows: .:i .:f ;, //1 / '-.-- .../ ,.. " . "", ,"" I Heather Carey /j//' / Lorie Radabaugh 127 Beech Street Carlisle, PA 17013 Sworn to and subscribed before me this 4th day Of. May, 199~. j/l/; lf~ yt6t~Jif;/ Notary Public i./ ~~~~CounIy .1&.Y9lmrA'ftlIl!flIIllmt!.Jfn. m.w1. MARK. WEIGLE AND PERKINS _ ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257.1397 tr- VI .... .f .- r; ,.- t6 '; . tll~" ! " () , t.: )\ .... i /,1 .\} '.'''1 ! 1(11 , J . _.1. ": I") (,L. . . 1 ;~.. {. ::..: '} (7, ..) () '" <J .