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HomeMy WebLinkAbout99-04904ss*;+ _;Nt c(f +i % r >v 1 * Cr7";61 L. RCn8c' I 1 : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, :PENNSYLVANIA V. CIVIL ACTION LAW Defendant : NO.14gOt-{ CIVIL 19 Cn CUSTODY VISITATION ORDER OF COURT And now, this 7n(\-l 199 , upon consideration of the attached complaint, it is here directed that the above parties and their respective c unse appeefo?re; 1h 11Chn C i Esquire, the conciliator, at ? t CCMp th Pennsylvania, on the -a- day of C , 1999, at 11 o d 1 / P.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. All children age five or older may be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: n By: -- Custody Conciliator Ucc$) 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. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 FILED-OFFICE OF nP :x i }-!??-?OTA9Y 99 AUG 18 PM 3: 47 CUti1EERv ND CoLtl%W PENNSYLVANIA a'l - ei?v .hce-aoe 'Z? CRYSTAL L. RANDALL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. ??- °y9Dy ALLEN R. RANDALL, Defendant. CIVIL ACTION - CUSTODY ORDER OF COURT You, Allen R. Randall, have been sued in court to obtain custody of the children: Emily E. Randall and Allison N. Randall. You are ordered to appear in person at on , at M. a conciliation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. 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 LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 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 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 hearings. BY THE COURT, Dated: J. CRYSTAL L. RANDALL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 9 9- 500 % -7 ALLEN R. RANDALL, Defendant. CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY NOW COMES, Plaintiff, Crystal L. Randall, by and through her attorneys, TOMASKO & KORANDA, P.C., and complains to this Honorable Court as follows: 1. Plaintiff, Crystal L. Randall, is an adult individual residing at 221 S. Washington Street, Apt. 2, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Allen R. Randall, is an adult individual residing at 221 S. Washington Street, Apt. 2, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Addresses Age Emily E. Randall 221 S. Washington Street 3 (DOB: 5/23/96) Apt. 2 Mechanicsburg, PA 17055 Allison N. Randall 221 S. Washington Street 2 (DOB: 7/11/97) Apt. 2 Mechanicsburg, PA 17055 The children were not born out of wedlock. The children are presently in the custody of Plaintiff and Defendant, who resides at the above address. During the past five years, the children have resided at the following residences with the following persons: List All Persons List All Addresses Dates Plaintiff & Defendant 221 S. Washington Street, Apt. 2 May 1, 1999 - present Mechanicsburg, PA 17055 Plaintiff & Defendant 200 E. Keller Street January 15, 1999 to Mechanicsburg, PA 17055 May 1, 1999 Plaintiff & Defendant 318 Burd Street Shippensburg, PA August 1998 to January 15, 1999 Plaintiff & Defendant 200 E. Keller Street March, 1998 to Mechanicsburg, PA 17055 August 1998 Plaintiff & Defendant Various addresses in Illinois and Birth of children to Kentucky March 1998 The mother of the children is Plaintiff, Crystal L. Randall, currently residing at 221 S. Washington Street, Apt. 2, Mechanicsburg, Pennsylvania. She is married to Defendant. The father of the children is Plaintiff, Allen R. Randall, currently residing at 221 S. Washington Street, Apt. 2, Mechanicsburg, Pennsylvania. He is married to Plaintiff. 4. The relationship of Plaintiff to the children is that of natural mother. The Plaintiff resides with no other persons except the children and the Defendant. However, the Defendant has advised Plaintiff that he intends to relocate to Illinois on or before August 16, 1999. 5. The relationship of Defendant to the children is that of natural father. He currently resides with no other persons except the children and the Plaintiff. As noted, the -2- Defendant has announced his intention to relocate to Illinois on or before August 15, 1999. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this court. 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 primary physical custody to Plaintiff in that Plaintiff is better able to provide for the children's physical, intellectual, moral and spiritual well-being. Additionally, Plaintiff believes, and therefore avers, that when the Defendant relocates to the State of Illinois, he may take the parties' youngest child, Allison, and leave the parties' older child, Emily. 8. Each parent whose parental rights to the children have not been terminated have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children. WHEREFORE, Plaintiff respectfully requests that this Court grant her primary physical custody of the aforementioned children. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 By: MICHAEL A. KORANDA VERIFICATION I verify that the statements made in this 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. Dated: Cale ALcc) OI ?• ?? CRYSTAL a ?J N U o a: ? S a < =o 0 ` P W a C > N .O U OC F -? Op L O ? Z _ n N 3 U Z ? T Y v i N m n < F x< IAWOFFICES TOMASKO & KORANDA, P.C. 219 STATE STREET HARRISHHRO. PENNSYLVANIA 17101 TELEPHONE: (717) 238-1100 FAX: (717) 238-6190 C""'" w A r muv.nJ.nrmm cup, 4mnnJ. AUG 1 6 1990 CRYSTAL L. RANDALL, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 4904 CIVIL 1999 ALLEN R. RANDALL, ) Defendant ) CUSTODY/VISITATION ORDER AND NOW, this ?S day of TZJ7 o y 2000, upon receipt of the Conciliator's Report, it appearing that a hearing in this matter is necessary, it is hereby ordered and directed as follows: A hearing is scheduled for the 1,4tL day of , 2000, at ? - 30 o'clock _ 4.M., in Court Room Number _/ of the Cumberland County Court House, Carlisle, Pennsylvania. Both parties, through counsel, will provide each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a statement as to their expected testimony. Additionally, both parties will submit their proposal for a resolution of the matter. BY THE COURT, Michael A. Koranda, Esquire Keirsten L. Davidson, Esquire v.?? USX. J. mlb R XS ??76/aa?,cv QO .)'.?I ? u pil .,: n II '... i/;Jill VI.F _ "Y PEN,V?YL\'7'\IA CRYSTAL L. RANDALL, ) Plaintiff ) VS. ) ALLEN R. RANDALL, ) Defendant ) JUDGE PREVIOUSLY ASSIGNED: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 4904 CIVIL 1999 CUSTODYNISITATION CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-5(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Emily E. Randall May 23, 1996 Allison N. Randall July 11, 1997 2. A Conciliation Conference was held on December 16, 1999, and the following individuals were present: the Plaintiff and her attorney, Michael A. Koranda, Esquire; the Defendant and his attorney, Keirsten L. Davidson, Esquire. 3. Items resolved by agreement: None. 4. Issues yet to be resolved: An ultimate custody and visitation schedule. 5. The Plaintiff's position on custody is as follows: Mother indicates that she is more than willing to let the Father have visitation and periods of partial custody with the children as long as it occurs here in Pennsylvania, near the house. This is because the oldest child has some severe medical problems. Mother produced a letter from the child's primary physician indicating that it would be impossible for the child to be transported back and forth to Illinois where the Father lives. Additionally, the child needs to have a catheter inserted regularly, and the only one that apparently has been able to insert it successfully is Mother, even when the child was in for surgery recently. Additionally, Mother is not inclined to let the other child to go out to see the Father alone because of the bond between the two children, and also because the second child has speech and behavioral therapy two times per week. 6. The Defendant's position on custody is as follows: Father indicated that the parties have moved around during the time of the marriage and before they separated. He is currently located in Illinois where they lived previously. He indicates that he can obtain the necessary care for the child when the child is there. He requested that he be given regular blocks of time with the children which would include time over Christmas, Easter break, and the summer. Additionally, Father believes that he should see the other child and there should be no prohibition from the other child coming to see him even if the Court decides there are medical issues related to the child that would prevent her from traveling. 7. Need for separate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. 9. A hearing in this matter will take one day. 10. Other matters or comments: This is a very difficult case. The parties moved around while Father was in the military. The parties separated in May, 1999, and the Father eventually left in October, 1999, and moved back to Illinois, his home town. Mother has family in this area. The parties apparently lived in Illinois for a period of time together. The oldest child has severe medical problems. A letter from the primary treating physician, who is a professor at the Department of Pediatrics for the Hershey Medical Center, relates that, "Emily has the most complex anatomical malformations that I have seen in 37 years of pediatrics." Apparently she has had multiple number of operations and in fact is scheduled for another operation. The only person who can insert the catheter in order to gain access to the bladder is the Mother. The question is whether or not this child's physical limitations are such that she cannot travel to Illinois to have periods of time with her Father. Given the severity of her problems, it appears that that is in question. If the Court determines that this child is not physically able to travel to be with her Father, then the next issue the Court will have to deal with is whether or not the other child should go in the absence of her sister. This child has some issues as well since she is undergoing speech and behavioral therapy. The Court will have to assess whether that speech and behavioral therapy is such that the child should riot go to see the Father as well. This case is very much dependent upon the expertise of the medical professionals. The Court will have to be guided by the medical professionals and the Conciliator suggested to the parties that it would be useful for the Court to have the medical professionals' testimony either live or via deposition in order for the Court to make an appropriate decision. Date: January 17, 2000 M a_J?, -) k."-) Michael L. Bar gs Custody Conciliator JAN > U .'(!I!p z; ti CRYSTAL L. RANDALL, Plaintiff BY THE COURT, V. ALLEN R. RANDALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4904 CIVIL TERM ORDER OF O TRT AND NOW, this 27 day of April, 2000, upon consideration of the attached letter from Keirsten W. Davidson, Esq., attorney for Defendant, the hearing previously scheduled for June 1, 2000, is rescheduled to Thursday, July 27, 2000, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Michael Koranda, Esq. 931 N. Front Street Harrisburg, PA 17102 Attorney for Plaintiff Keirsten W. Davidson, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant '0. 4.,4 J; esiey Ol ?? ?,O?t2?.eaJ I??J :rc L JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER. JR. EDMUND G. MYERS DAVID W. DELUCE RALPH H. WRIGHT, IR. DAVID I. LANZA MARK C. DUFFIE KEIRSTEN WALSH DAVIDSON MICHAEL J. CA55IDY LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professionat Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEB.SITE: www.idsw.com TELEPHONE 717.761.4540 FACSIMILE 717.761.3015 E-MAIL madoldnw.com April 26, 2000 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 ATTN: Ruth Dear Ruth: Re: Crystal L. Randall / Allen R. Randall In Custody HOP-ACE A. JOHNSON OF COUNSEL WRITEIVS EXT. NO. IA E-MAIL kwd@jdsw.com Please allow this letter to confirm that the above referenced custody hearing has been continued from June 1, 2000 at 9:30 a.m. until July 27, 2000 at 9:30 a.m. Attorney Michael Koranda is in agreement with this continuance. If you have any questions, please do not hesitate to contact either myself or Attorney Koranda. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Keirsten W. Davidson KWD:kkm:133935 cc: Michael Koranda, Esquire Allen R. Randall Apo 2 7 20 CRYSTAL L. RANDALL, Plaintiff V. ALLEN R. RANDALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4904 CIVIL TERM ORDER OF COURT A -1 AND NOW, this ,,rjday of ism, 2000, upon consideration of the attached letter from Keirsten W. Davidson, Esq., attorney for Defendant, the hearing previously scheduled for July 27, 2000, is cancelled. Michael Koranda, Esq. 931 N. Front Street Harrisburg, PA 17102 Attorney for Plaintiff Keirsten W. Davidson, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant BY THE COURT, J. ?sley le r, r., J. ?+ C :rc Q 1 ,1I:1 - J ' o , • . OL CCUi?rry PuVNOSY t1/,W'q TERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER. IR. EDMUND G. MYERS DAVID W. DELUCE RALPH H. WRIGHT. IR. DAVID I. LANZA MARK C. DUFFIE KEIRSTEN WALSH DAVIDSON MICHAEL 1. CASSIDY LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEBSITE: www.idsw.com TELEPHONE 717.761.4540 FACSIMILE 717-761.3015 E-MAIL mailOidsw.com June 28, 2000 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Dear Judge Oler: Re: Crystal L. Randall v. Allen R. Randall No. 4904 Civil 1999 CustodyNisitation HORACE A. IOHNSON OF COUNSEL WRITER'S EXT. NO. 18 P•,-MAILkwd@jdsw.com The above-referenced parties have successfully negotiated a Custody Agreemen a copy of which I enclose herewith for your review. We will therefore no longer require the cus o y hearing scheduled before you on July 27, 2000, at 9:30 a.m. Would you kindly confirm that the custody hearing on the above date will be canceled. Very truly yours, JOHNSON, DUFFIE, STEWART 8, WEIDNER Keirsten W. Davidson KWD:sr:136001 Enclosure cc: Michael Koranda, Esquire (w/o encl) Allen R. Randall (w/o encl) 5 ?r?0 ?VN ? CRYSTAL L. RANDALL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO. 4904 CIVIL 1999 ALLEN R. RANDALL, Defendant. . CUSTODYNISITATION ORDER APPROVING CONSENT AGREEMENT AND NOW, this ^"r day of&.1? 2000, upon consideration of the Consent Agreement attached hereto, the following ORDER is hereby ENTERED: The Consent Agreement as executed by the parties is hereby Approved. 2. The Consent Agreement as executed by the parties is hereby incorporated into this Order. 3. The parties are hereby directed to comply with the terns and conditions of the Consent Agreement. BY THE COURT, J. V ' II'i i. I .'1:. I?` LL????_.. , ?i`?'I I ?Li??I?. J?I I L) •I?I?. ? CRYSTAL L. RANDALL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO. 4904 CIVIL 1999 ALLEN R. RANDALL, Defendant. . CUSTODY/VISITATION CONSENT AGREEMENT FOR CUSTODY This Agreement, made this day of 2000, by and between Crystal L. Randall (hereinafter, "Mother") of 200 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, by and through her attorney, Michael A. Koranda, Esquire, and Allen R. Randall (hereinafter, "Father'), who currently resides at 2911 Karr Road, Belvedere, Illinois, by and through his attorney, Keirsten L. Davidson, Esquire. WHEREAS, the parties are married to one another as husband and wife; WHEREAS, the parties are the natural parents of Emily E. Randall, date of birth May 23, 1996, and Allison N. Randall, date of birth July 11, 1997 (hereinafter, the "minor children"); WHEREAS, certain circumstances have arisen in which the parties desire to live separate and apart from one another; WHEREAS, on August 13, 1999, Mother filed a Complaint in Custody seeking primary physical custody of the minor children; WHEREAS, the parties desire to enter into this Consent Agreement which they believe to be in the best interests of their minor children; NOW THEREFORE, intending to be legally bound, the parties hereto agree as follows: ti I . The parties shall have joint legal custody ol'the minor children. 2. Mother shall have primary physical custody of the minor children. 3. Father shall have partial physical custody of Emily E. Randall at such times as Mother reasonably agrees. F lowever, due to the severe medical condition of Emily E. Randall, Father understands and agrees thin till such periods of partial physical custody with Emily E. Randall shall take place in the (ireate• I larrishurg area, which shall mean a distance of no more than 50 miles li•onn downtown I Iarrishurg. Pennsylvania. father shall, upon thirty (30) days advanced written notice to Mother, have partial physical custody of Allison N. Randall for a three (3) consecutive week hetween little I" and September I" of each year. This period of partial physical custody May Ile Mrcised tit Pathe's residence in the State of Illinois. Father agrees to be responsible for or provide till transportation necessary to effectuate his periods of partial physical custody with the minor children. 4. The parties shall have reasonable telephone contact with the minor children at all times. In addition, the parties shall have unrestricted access to the minor childrens' medical, educational and religious records. 5. This Consent Agreenent shall remain in effect until modified by further Order of Court. 6. 1'he parties agree to fake whatever steps are reasonably necessary to effectuate the terms ol'this ('onset Agreement. 7. this Consent Agreement shall be construed in accordance with the laws of the ('onurnonwealIII of Pemsylvania and shall not take effect until approved by the Court. 8. Fach party has read this Consent Agreement and fully understands the provisions -2- contained herein. IN WITNESS WHEREOF, the parties have executed this Consent Agreement the day and year first above written. SWORN TO and subscribed before me this IiNay of .l+. K. 2000. () ?t L r) / 6 CCRYSTPIL L.RANDALL "(; ? .4rVI&AX NOT Y UBLIC Notarial Seel ??? J oe E. Tomasko, Natery public MICHAEL A?. KORANDA, ESQUIRE MY Commission ExpPeaeq?ugu3 2002 Attorney for Plaintiff SWORN TO and subscribed before me this _ day of 2000. NOTARY PUBLIC ?'-A ALLEN R. RANDALL Lk, W.U?- KEIRSTEN L. DAVIS, ESQUIRE Attorney for Defendant -3- CERTIFICATE OF SERVICE AND NOW, thisZ7"day of W/tom 2000, 1, Michael A. Koranda, Esquire, attorney for the Plaintiff, hereby certify that I served the within CONSENT AGREEMENT FOR CUSTODY this day by: U.S. Mail, first class, postage prepaid, addressed to: Keirsten W. Davidson, Esquire JOHNSON, DUFFLE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 By MICHAEL A. KORANDA LA IV (4 1 WIN TOIIIASKO & KORANDA, P.C. '(. C•.en,e i„ne. ne.:um.,n,... a„yy.. 219 Srnn: SrIIr:I:r :•??`"'' ??'? IIAHNISBUNG,PiiNNS)INANIA17101 ?/'? ' TIII.I!1'IIONG: (717) 238-1100 FAX: (717) 238-6190 JUL 0 3 2nnnl?l v, 71 • !.C 'u '11 1. 7) U o a ? g •y Z w Q M ?p Z r C! N •? ? '. il , y ? 5 a d O o s y N G m d Q Vl j IL ` F s