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HomeMy WebLinkAbout07-2025Jenean Radczenko, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTION -LAW IN DIVORCE AND CUSTODY Steven Radczenko, Jr., . Defendant : N0.2007 - CIVIL TERM 0 7 -- ~ ~-~ DIVORCE COMPLAINT WITH CUSTODY COUNT The plaintiff, Jenean Radczenko, by her attorneys, the Family Law Clinic, sets forth the following causes of action in divorce and custody: COUNTI DIVORCE UNDER TITLE 23 Pa. C.S. §3301 (d) OF THE DIVORCE CODE Plaintiff is Jenean Radczenko, who currently resides at 9 Anthony Drive Marysville, Cumberland County, PA 17053. 2. Defendant is Steven Radczenko, Jr., who currently resides at 145 Ashford Road, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on October 14,1994 in Unionville, Ohio. 5. Plaintiff and Defendant have lived separate and apart since June of 2004. 6. There have been no prior actions for divorce or for annulment between the parties. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. The Plaintiff requests the court to enter a decree of divorce. 9. The marriage is irretrievably broken. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the marriage. COUNT II CUSTODY 10. Plaintiff repeats and realleges paragraphs 1 through 9. 11. The plaintiff is Jenean Radczenko, residing at 9 Anthony Drive, Marysville, Cumberland County, Pennsylvania 17053. 12. The defendant is Mr. Steve Radczenko, Jr., residing at 145 Ashford Road, Enola, Cumberland County, Pennsylvania 17025. 13. Plaintiff seeks primary custody of: Name Present Residence Age Lana Williams-Radczenko 9 Anthony Drive, Marysville, Pennsylvania 13 Isabel Radczenko 9 Anthony Drive, Marysville, Pennsylvania 7 Mia Radczenko 9 Anthony Drive, Marysville, Pennsylvania 4 14. Lana Williams-Radczenko, Isabel Radczenko and Mia Radczenko (hereinafter referred to as "the children") are presently in the custody of Jenean Radczenko, who resides at 9 Anthony Drive, Marysville, Cumberland County, Pennsylvania 17053. 15. The children were born during the marriage of the parties. Plaintiff and Defendant were lawfully married on October 14, 1994. 16. During the past five years the children have resided with the following persons at the following addresses: Persons Address Dates Jenean Radczenko 9 Anthony Drive, Marysville, Pennsylvania 9-28-1999 Kathy Radczenko 9 Anthony Drive, Marysville, Pennsylvania 9-28-1999 Steven Radczenko Sr. 9 Anthony Drive, Marysville, Pennsylvania 9-28-1999 17. The mother of the children is Jenean Radczenko, currently residing at 9 Anthony Drive, Marysville, Cumberland County, Pennsylvania 17053. She is married to the father. 18. The father of the children is Steven Radczenko Jr., residing at 145 Ashford Road, Enola, Cumberland County, Pennsylvania 17025. He is married to the mother. 19. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: Name Kathy Radczenko Steven Radczenko Sr. Relationship to Plaintiff Mother-in-law Father-in-law 20. The relationship of Defendant to the children is that of father. The defendant currently resides with the following persons: Name Irene Relationship to Defendant Girlfriend 21. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 22. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, or any other state. 23. 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. 24. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has been the children's primary caretaker for all of the children's life; b. Plaintiff provides the children with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the children's needs; c. Plaintiff has permitted contact between Defendant and the children and will continue to do so; d. Plaintiff is willing to accept custody of the children. 25. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the children have been named as parties to this action. 26. The parties have entered into a Custody Agreement which has been filed with the court with the intention that it be made an order. WHEREFORE, Plaintiff requests the court to: a. Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of marriage heretofore existing between Plaintiff and Defendant; b. Enter as an order the Custody Agreement. Respectfully submitted, Date:,~~~ ~ oa '~ Char a Corwin Certified Legal Intern ~X- THOMAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date ..~ ~3~ ' a I Plainti ~. Jenean Radczenk n ~ { t._, r ~-~ ~ •~ ° ..,~ ~ T I 1 1` >, ~ r.. ~ ~~ _ ,_ .., , _ _ `4 --.~ ~; Q : -'~ Jenean Radczenko, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTION -LAW IN CUSTODY Steve Radczenko, Jr., Defendant NO. 07- CIVIL TERM Q 7 ' ~~ PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Jenean Radczenko, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date G/-12-2yu`7 R e lly su miffed, i a Corwin Certified Legal Intern THOMA~~AM. PLACE ~ ANNE CDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ~,, ~'" ~ d -;-, ;-^ -; ~" ` ~ ' _ , -, _ ~-, ,.- - __ ,~..; t.~ ~` Jenean Radczenko, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTION -LAW IN DIVORCE AND CUSTODY Steve Radczenko, Jr., Defendant : N0.2007 - ~ 6~ CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counter affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in June 2004, and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 ~=©~ ~ ~ ~t'~'f!!~ J ean Radczenko aintiff r.a ~-~ ~ _ .._, --n _ .~ P:z ~. .gin rn v ~. r _ _ .. .. _ - _. r ... ..+ ,~ ~~{ ~ • A'^~ •• SS's "'t a-' JENEAN RADCZENKO, : IN THE COURT OF COMMON PLB~AS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTION -LAW IN CUSTODY STEVEN RADCZENKO; JR., Defendant. : NO. Q 7'0~-60~ CIVII. TERM CUSTODY AGREEMENT THIS AGREEMENT, made this ~ day of 20~ between Jenean Radczenko, hereinafter Mother, and Steven Radczenko, Jr., hereinafter Father, concerns the custody of their children: Lana Williams - Radczenko, born August 9, r 1993; Isabel Radczenko, born September 28,1999; and Mia Radczenko, born 2002. Mother and Father agree to the following. 1. Mother and Father shall share legal custody of tbs 2. Mother shall have primary physical custody of the 3. Father shall have periods of partial physical custe mutually agreeable to both parties. 4. Mother and Father shall share the duty of transporting the children at custody exchanges under terms mutually agreeable to both.parties. 5. Mother and Father shall agree upon drop off and pick up times and. locations. 6. Mother and Father shall alternate custody for the :., yeaz, with Mother having custody during Christen ,~ numbered yeaz thereafter, and Father having custody stmas 200 and every odd-numbered yeaz thereafter. x.~. y 4~ ~~ . t~. „~•'°~ 'f1l~7 $!tt'itib ' ~„ 7. Mother and Father shall alternate custody for the Thanksgiving holiday every yeaz, with Father having custody on Thanksgiving in 2006 and every even- numbered year thereafter, and Mother having custody on Thanksgiving 2007 and every odd-numbered year thereafter. 8. Mother and Father shall share custody on other holidays on terms mutually agreeable to both parties. 9. Mother and Father shall share custody during the summer do terms agreeable to both parties. 10. Father shall not consume alcohol or illegal drugs during his periods or at any time he is in the presence of the children. 11. Mother and Father shall notify each other of all medical care the receive while in that parent's care, and shall medical emergencies which arise while the 12. Neither parent will do anything which may other party, or injure the opinion of the childred'as to the which may hamper the free and natural development of the children's love and respect for the other parent. 13. Father acknowledges that the Family Law Clinic represents only Mother's interests in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 14. The parties intend to be bound by the terms of this agreen intend for this Agreement to be made an Order of Court. t i ~.. ~. rf,;. ~~ ` ;: ..>~- w,~ }3~ ~..:. ,~~ ~. ~',' ~ t~' ~C~ ~L71i 29410 9111 ~I< .. ~ "faA~ ~ FIB ~~ ~~~. .3~ ~ ,~ ~'t~, ~}f!S tfI9C ._,~ J an Radczenko, Plainti Charll-a Corwin Certified Legal Intern 4~ Rober~E. Rains Thomas M. Place Anne MacDonald-Fox Lucy Johnston-Walsh Megan Riesmeyer Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Telephone: (717) 243-2968 Fax: (717) 243-3639 By: ~~\ Steven Radczen1 Jr. Defe da CUNNINGHAM & CHERIVICOFF, P.C. Joi''dan Cunningham, Esquire 2320 orth Second Street Harrisburg, PA 1711.0 Telephone: (717) 238-6570 Counsel for Defendant ~;~~ ~~~ --- ~. ~ a ., ~ k.: »,, . t? ,; ~ !`~ _ ~. _, C~ ,'~ +J .~~:- 't r' ~p'7 ^i -~- i'7 '"[7 T ;.. _ .. C.~.~ r G , ° ~. ~ f ~ ~..~ h ~- J (~i GJ -i ~`1 _, - a~R r s 2oo~a~`~ Jenean Radczenko, :1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY Steven Radczenko, Jr., Defendant : NO. 2007 - ~Q ~- ~ CIVIL TERM ORDER OF COURT AND NOW, this ~~ ` day of /~ ~'/ , 2007 upon consideration of the attached Custody Agreement, it is Hereby Ordered that; 1. Mother and Father shall share legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children at times mutually agreeable to both parties. 4. Mother and Father shall share the duty of transporting the children at custody exchanges under terms mutually agreeable to both parties. 5. Mother and Father shall agree upon drop off and pick up times and locations. 6. Mother and Father shall alternate custody for the Christmas holiday every year, with Mother having custody during Christmas 2006 and every even-numbered year thereafter, and Father having custody during Christmas 2007 and every odd- numbered year thereafter. 7. Mother and Father shall alternate custody for the Thanksgiving holiday every year, with Father having custody on Thanksgiving in 2006 and every even-numbered year thereafter, and Mother having custody on Thanksgiving 2007 and every odd- numbered year thereafter. 8. Mother and Father shall share custody on other holidays on terms mutually agreeable to both parties. 9. Mother.and Father shall share custody during the summer on terms mutually agreeable to both parties. 10. Father shall not consume alcohol or illegal drugs during his periods of custody or at any time he is in the presence of the children. 11. Mother and Father shall notify each other of all medical caze the children receive while in that parent's care, and shall notify the other immediately of medical emergencies which azise while the children are in that parent's care. 12. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 13. Father acknowledges that the Family Law Clinic represents only Mother's interests in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 14. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. BY THE COURT: \~ rtJ~ ' ,~ ~ I ;;~ ~5 Jenean Radczenko, Plaintiff v. Steve Radczenko, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE NO. 07- 2025 CIVIL TERM ACCEPTANCE OF SERVICE I, Jordan Cunningham, Esq., counsel for the Defendant in the above captioned matter, accept service of the Divorce and Custody Complaint on behalf of Steven Radczenko, Defendant, and I certify that I am authoriz -' `- ' - - - Date / ~ ~( -n ~ ~, ~,. rr~ ~ ~' ~ .. ., -. .. ~ C3 ~~- c: ~;-, ~ Cy ,~- Jenean Radczenko, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION -LAW IN DIVORCE Steve Radczenko, Jr., . Defendant NO. 07 - 2025 CIVIL TERM AFFIDAVIT OF SERVICE I, Charla Corwin, hereby certify that I served on Defendant's attorney Jordan D. Cunningham, Esq., at 2320 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17110, a true and correct copy of the Notice of Intention to Request Entry of §3301(d) Divorce Decree, on May 17, 2007, via First Class Mail. I verify that the statements made in this Affidavit of Service are true and correct to the best of my personal knowledge and belief. 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: 7 Charla Corwin Certified Legal Intern C~, r.,~ c° UD ~ ~ cx? "'' ~ sA.:. rf ~ ` J ~ ~ V z_' -L 4. i~.:~ t ~ ~ ~ GJ i'i7 ~ i ~~ " ~ Jenean Radczenko, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v' : NO. 07- 2025 CIVIL TERM Steve Radczenko, Jr. :CIVIL ACTION -LAW Defendant : IN DIVORCE AND CUSTODY NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file acounter-affidavit to the § 3301(d) affidavit. Therefore, on or after JiTNE 8.2007, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or acounter-affidavit by the above date, the court can enter a final decree in divorce. Acounter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 Y0U CAN GET LEGAL HELP. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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 hearing. C7 ~ r.~ ~' rr~~ ~: ~:'- t_ c ~ ~ ~~..-.. ~~ . i ~ Y ~~j ~ +~G T L \..~ ~. ! ~ W .. ~ i T'\ 1 L \~~f Jenean Radczenko, Plaintiff v. Steve Radczenko, Jr. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- 2025 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AND CUSTODY PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown and separation for two years under § 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: service on Defendant's attorney Jordan D. Cunningham, Esq., at 2320 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17110 on April 16, 2007; by U.S. mail, first class. 3. Date of execution of the affidavit required by § 3301(d) of the Divorce Code: March 30, 2007; Date of filing and service of the plaintiff s affidavit upon Defendant's attorney: Filed on April 12, 2007 and served April 16, 2007. 4. Related claims pending: None. 5. Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree, a copy of which is attached: service on Defendant's attorney Jordan D. Cunningham, Esq., at 2320 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17110 on May 18, 2007; by U.S. mail, first class. Date v7 a Corwin Certified Legal Intern Robe ains, Esquire Lucy Johnston-Walsh, Esquire Anne MacDonald-Fox, Esquire Thomas M. Place, Esquire William G. Martin, Esquire Supervising Attorneys Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 C ~ O ~~ G ~~ f -~ ~•~ , .4..- ., r r-,.-, ~ N ` CIS=~__. n- ~...- : Z i ~._ +~- ~..> ~ ~,aa~"'~ S'~1 a..J ~ --G I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ^ ~ PENNA. _,_ - . = JENEAN RADCZENKO, Plaintiff VERSUS STEVE RADCZENKO, JR., Defendant N O. 2025 2007 DECREE IN DIVORCE AND NOW, ~ J`Y ~ h~~, IT IS ORDERED AND JENEAN RADCZENKO DECREED THAT PLAINTIFF, AND STEVE RADCZENKO, JR. DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE BY THE COURT: PROTHONOTARY l'L' c°~. ~,~ " t.., ~ t ~ ~~~~~ J L _ -~~ ~ ~. .'• .. .