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HomeMy WebLinkAbout07-4151STAGY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JUANITA B. RAUDABAUGH, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW LINDA C. GABEL and : NO. 2007- X15 ~ CIVIL TERM JEFFREY R. BERRY, Defendants :CUSTODY PETITION FOR SPECIAL RELIEF AND NOW come the plaintiff, Juanita B. Raudabaugh, by her attorney, Stacy B. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is Juanita B. Raudabaugh, an adult individual residing at 50 Devonshire Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The defendant is Linda C. Gabel, an adult individual currentlyincarcerated at the C~unberland County Prison. 3. The defendant is Jeffrey Berry, an adult individual currently incarcerated at the Cumberland County Prison. 4. The plaintiff is the maternal grandparent and defendants are the natural parents of one minor child, namely: L~Iau>e Present Residence ~,g~ Jeffrey Liam Berry 50 Devonshire Square 2 years Mechanicsburg, PA 17050 D.O.B. 8/30/2004 5. The child is presently in the custody of Plaintiff since June 28, 2007. Plaintiff has cared for the child extensively throughout his life and most recently for one to two week periods of time since November of 2006. The Father has been in and out of the child's life since he was born, being out of state and incarcerated and has not seen the child since on or about November 29, 2006 when Father was arrested and incarcerated. Mother has had custody of the child during the times when he was not with Plaintiff, but was incarcerated December 1, 2006 for a parole violation and then was transferred to a drug treatment facility at Vantage in Lancaster on December 12, 2006 and then a transitional living center TLC in Lancaster in early May, 2007 with the child. During the second week of June, 2007, Mother was ordered to leave TLC due to a positive drug urine test. From that time, Mother was living with the child homeless, until she was arrested and incarcerated on June 28, 2007. 6. ~n February 26, 2007, Mother granted Plaintif f guardianship and custody of the child. A true and correct copy is attached hereto as Exhibit "A". 7. On July 10, 2007, Mother granted temporary guardianship and custody of the child to Scott Gabel, Mother's ex husband, stating that the document supersedes any and all previous documents. A true and correct copy is attached hereto as Exhibit "B". 8. The child has no biological relationship to Scott Gabel, age forty-seven, who is living in Vero Beach, Florida with his twenty-one-year-old girlfriend and her five-year-old daughter who is not Mr. Gabel's child It would not be in the child's best interests for Mr. Gabel to have custody due to his prior drug use, unstable employment history, and criminal convictions involving corruption of minors and indecent assault. 9. Plaintiff believes and therefore avers that it would be in the best interests of the child for this Court to issue an Order for Special Relief, maintaining the status quo, namely for the child to remain in the primary custody of Plaintiff pending a hearing on this matter. 10. Plaintiff bases this belief and averment on the fact that Mother is aware of Mr. Gabel's prior drug use, unstable employment history, and criminal convictions involving corruption of minors and indecent assault and, nevertheless, has revoked her gr~rrt of guardianship and custody to Plaintiff and has instead granted such to Mr. Gabel, which is clearly not in the child's best interests. 11. Plaintiff has, this date, initiated an action in Custody by the filing of a complaint with the Court. W~~REFORE, Petitioner, Juanita B. Raudabaugh, prays this Honorable Court enter a Temporary Custody Order directing Respondents, Linda C. Gabel and Jeffrey Berry, not to remove the child from the primary custody of the Plaintiff, pending further Order of Court, and directing the Court Administrator's office to schedule an expedited custody conciliation conference to address the issues raised in this matter. Dated: July ~, 2007 Respectfully submitted, Stacy B. o ,Esquire 10 West igh Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff '~•,. ~. Grant of Guaxdxaa~.~~iy I~TOWN ALL MFN BY THESE P~tESEN'x'S, that I, LINI~A- C. GABEL, do hereby make, constitute azxd appoint xny IVlotk~ez, JUANITA ~. RA-.I3DAS,A.~JGI-I, who z~ay act indiva,dually with respect herEto, my tzve and lawful. Guardian for. my child, ~~FREY LIB BERR''X', born August 30, 2004, Social Security Numbez 180-82-02GS ,and to e~ext~ise custody of JE~~~'~ LIAN.C ~E~Y during times granted to me throt~h said Grant o£ Guardianship to: I7o a1.1. such acts and to co~,pltte, cxeGUte and acknowledge any and all docutx~ents, wxztit~gs, assuzaxxces and instruments x~.ecessary to obtain or authorize all zna,tters peztaining to the schooling, medical txeattncnt axed complete care of my cbild. This Guardianship sbaal be utilized by any school ox school dsstrict; by any hospital, clznitc, doctor ox practitioner of medicine; by any age~t~cy of the federal, stiaxe or local government; or by any other. agency, furxn, organization, corporation ox association. 'T'his Guardianship sk~a~l be effective for use .including, but not limited to, the following. autlaorxzation fox any act or actxvi.ty associated with rlie education of my child; authori.zatioxt fox a~xp emergency trcaixneo.t, diagnostic examination or surgezy ox any other medical pxacedure or admission to any medical facility; authorization for participation in any and all sports, recreational and ~.ub activities; and for all other matters affecting the lxealth, education, safety and welfare of any said child. My said attorney is authorized to act as a Gu.axdian of my rx~.inor child with power of attorney under me foz all purposes and to do all lawful acts requisite for ef£ecfiing the aforesaid, and x hereby ratify and con~n all that my said attorney shall do by vixtue of this Guaxdiansh~ip. And the above-named child is nat ire the custody of thr county child ox youth sezvices; and further, to the best of my knowledge, infoxxx~ation and belief, there is no court ordez barring xx~y authority to grant Guardiansk~Xp for the above-named child. 't'his C7ua,zdianship can be revoked by me at any`tin~,e, for any reason. XH This Guardianshi shall be effective immediatel on Febru 5 2007. p ~ ~ ~ ~~ d D Date: Date: ~ ^ .~ ~ v~~Q 'y' ~' ._._ = ~~ L DA C. ABEL JUANITA B. R.AUDABAUG r ~ COMMONWFAI,TH OF PENNSYLVANIA /~ ~ SS. COUNTY OF !f'^~~ ~ ~ . On this ~ day of ~ 2007, before me, the undersigned officer, personally appeared LINDA C. GABEL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Grant of Guardianship, and acknowledged that she executed the same for the purposes therein contained. PUBLIC ~AM~ne~Ir~w~A~~b ~~ ~~~lN~~LV~w~,~- NOTARIAL SEAL OVIDIO SANABRlA, Notary Pub1iQ City of Lancaster, Lancaster Coun~ My Gommissivn Expires Oct. 26, 20 COMMONWEALTH OF PENNSYLVANIA ~ SS. COUNTY OF (_ uw ~~ On this 5..~ day of ~~~~ 2007, before me, the undersigned off cer, personally appeared JUAN A B. RAUDABAUGH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Grant of Guardianship, and acknowledged that~h~-e-~~~t~ed the same for the purposes therein contained. NOTARY xarwRUC~. ~.~o~r~yr~s tx~-~a~~o,c~«~a My aommi~ion B~iC+a JnQe 26, 20~ 3 . ~ G G ~`~~ AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF CUMBERLAND: ,,, f f e re me the subscriber ~ersonall a eared (._.I~(.t~C C,1~/~- (. s f. 1 y rp Q ul sworn according to law doth de ose and sa ~ ~ ~~ ~~ ~r~~~-- to me, who be~n~ d y ~ p Y d ~ ~~ ~ _ ern ..~ ~ ~ a,6-~ ~ . ~~s rr c ~ ,6~ch c~ ~ ~ssu -and furthe that said facts are true anc~c nett to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C. S. section 4904 relating to unsworn falsification to authorities. Sworn to and su cribed before me this _ ,`~~ day of _ , 200 7 (ignatur f Affiant) OTARY PUBLIC ~crr~ ems. MARGARET A DARHOVYEit, NOTARY PUBLIC Cr,RtiSLr BGRO, Cl~Y1BERLAND CaUNTY PA M'Y COMMISSION EXPfRES OCTOBER 27 2008 7h~s a'.~Cu~en~ s'~~oer~Pa'e,~~iy/ Q`~~ ~~~~r~e~ra~ Q'~C'ur~?~~f ~y. VERIFICATION I, the plaintiff in the above-referenced action, do herebyverifythat the facts set forth in this petition are true and correct to the best of my information 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. J~ .__.L~, Zoos Juanita B. Raudabaugh STAGY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JUANITA B. RAUDABAUGH, Plaintiff v. LINDA C. GABEL and JEFFREY R. BERRY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANLA CIVIL ACTION -LAW NO. 2007- CIVIL TERM CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Plaintiff, do hereby certify that this date, I have served a copy of the foregoing Peridon for Special Relief upon the following persons, by United States Mail, addressed as follows: Linda C. Gabel c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Jeffrey Berny c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Respectfully submitted, WOLF & WOLF, Attorneys Law Dated: u ~~ , 2007 By: J~ Stacy lf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff C? r-~ •- C :.. r.:., .-~ ~ ~~~ ~q '~'~ ..,a .. ~ _ _ ~ p Q A O ~ _ "` t3'1 ~ ~7 .~.... ~ ; ~r~ ~, ' ,p , r-~? :,~ ,a~ i sznmmY STAGY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JUANITA B. RAUDABAUGH, : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW v. LINDA C. GABEL and : NO. 2007- ~/~'~ CIVIL TERM JEFFREY R. BERRY, Defendants :CUSTODY ORDER OF COURT ~ti NOW this 13 day of July, 2007 upon consideration of the Attached Petition for Special Relief, the following Order is hereby issued: 1. Pending a custody conciliation conference in this matter, primary physical custody shall be with Plaintiff. 2. Pending further Order of Court, Defendants are specifically directed not to remove the child from the primary custody of Plaintiff. 3. The Court Administrator's office is direct to schedule an expedited conciliation conference ~6`~ ~~,1~ to fully address the issues presented in this matter. ~~ •~ 3,1F~y ~, ~}`'~~ ~L1~4 ~ 1 ~~ ~ ~"~,_- I,~%CS a~~ ~'4~`~.V 'r~~_t~`rfl~~~ ~,,r ., ~~ ,L ~~~ J ~LJ~G ~G STAGY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JUANITA B. RAUDABAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. LINDA C. GABEL and : NO. 2007- ~f151 CIVIL TERM JEFFREY R. BERRY, Defendants :CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, Juanita B. Raudabaugh, by her attorney, Stacy B. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is Juanita B. Raudabaugh, an adult individual residing at 50 Devonshire Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The defendant is Linda C. Gabel, an adult individual currently incarcerated at the Cumberland County Prison. 3. The defendant is Jeffrey R Berry, an aduh individual currently incarcerated at the Cumberland County Prison. 4. Plaintiff seeks custody of the following child: Present Residence ~ JeffreyLiam Bevy 50 Devonshire Square 2 years Mechanicsburg, PA 17050 D.O.B. 8/30/2004 5. Plaintiff is the maternal grandmother of the child, and defendant Linda Gabel is the natural mother of the child, and Defendant Jeffrey Berry is the natural father of the child. 6. The child is presently in the custody of Plaintiff since June 28, 2007. Plaintiff has cared for the child extensivelythroughout his life and most recently for one to two week periods of time since November of 2006. The Father has been in and out of the child's life since he was born, being out of state and incarcerated and has not seen the child since on or about November 29, 2006 when Father was arrested and incarcerated. Mother has had custody of the child during the times when he was not with Plaintiff, but was incarcerated December 1, 2006 for a parole violation and then was transferred to a drug treatment facility at Vantage in Lancaster on December 12, 2006 and then to a transitional living center TLC in Lancaster in earlyMay, 2007 with the child. During the second week of June, 2007, Mother was ordered to leave TLC due to a positive drug urine test. From that time, Mother was living with the child homeless, until she was arrested and incarcerated on June 28, 2007. 7. C-n February 26, 2007, Mother granted Plaintiff guardianship and custody of the child. 8. C-n July 10, 2007, Mother granted temporary guardianship and custody of the child to Scott Gabel, Mother's ex-husband, stating that the document supersedes any and all previous documents. 9. The child has no biological relationship to Scott Gabel, age fort seven, who is living in Vero Beach, Florida with his twentyone-year-old girlfriend and her five-year-old daughter who is not Mr. Gabel's child. It would not be in the child's best interests for Mr. Gabel to have custody due to his prior drug use, unstable employment history, and criminal convictions involving corruption of minors and indecent assauk. 10. The child's parents were never married. However, Mother was married to another individual, Scott Gabel, at the time of the child's birth, although the parties were separated at the time of the child's birth, and have been subsequently divorced. 11. The mother of the child is currently single. 12. The father of the child is currently single. 13. Plaintiff has not participated as a parry or wirness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 14. Plaintiff has no information of a custodyproceeding concerning the child pending in a court of this Commonwealth or any other state. 15. Scott Gabel is not a party to the proceedings but may have a possible claim to custody or visitation rights with respect to the child. A copy of this complaint is being forwarded by Plaintiff to Mr. Gabel. 16. The best interests and permanent welfare of the child will be served by granting the relief requested herein because Mother and Father are incarcerated and Mother is aware of Mr. Gabel's prior drug use, unstable employment history, and criminal convictions involving corruption of minors and indecent assault and, nevertheless, has revoked her grant of guardianship and custodyto Plaintiff and has instead granted such to Mr. Gabel, which is clearly not in the child's best interests. 17. Plaintiff maintains a stable, safe household, which the child is very familiar with and in which the child is very comfortable. 18. Plaintiff is in good health and, has, and will continue to if given the opportunity, be the primary caregiver to the child. 19. Plaintiff maintains stable employment, and provides a stable home environment for the child. 20. Plaintiff acknowledges the need for the child to have a relationship with his parents and will, if given the oppominity, work to reinforce those relationships. 21. By Mother's own actions, she has demonstrated that she is not inclined, nor is she likely to take steps to protect the welfare of the child. WHEREFORE, for the reasons set forth herein, plaintiff, Juanita B. Raudabaugh, respectfully request that the Court enter an order granting primary physical custody of the child to the plaintiff. Dated: July ~3, 2007 Respectfully submitted, Stacy B olf, Esquire 10 Wes igh Street Carlisle, PA 17013 (717) 241-4436 Attorney for Plaintiff Supreme Court I.D. No. 88732 VERIFICATION I, the plaintiff in the above-referenced action, do herebyverifythat the facts set forth in this complaint are true and correct to the best of my information 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. Juiy - f~-, aoo~ uanita B. Raudabaugh STAGY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 170]3 (717) 241-4436 ATTORNEY FOR PLAINTIFF JUANITA B. RAUDABAUGH, : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW v. LINDA C. GABEL and : NO. 2007- CIVIL TERM JEFFREY R. BERRY, Defendants :CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Plaintiff, do hereby certify that this date, I have served a copy of the foregoing Complaint for Custody upon the following persons, by United States Mail, addressed as follows: Linda C. Gabel c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Jeffrey Berry c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Respectfully submitted, OLF & WOLF, Attorneys at Law Dated: July ~ 2007 By: Stacy $. ,Esquire 10 West b Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff N a ~_... c~ :~ -~ --~ ~k # r~. r ~ rz r_ SLi ~ ~ r ,~ ;: W b D ~ t. _'. __~ ' r ~ ~: '~ -s ~ c-~ ,a~ i sznmmY STAGY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JUANITA B. RAUDABAUGH, : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW v. LINDA C. GABEL and : NO. 2007- ~/~'~ CIVIL TERM JEFFREY R. BERRY, Defendants :CUSTODY ORDER OF COURT ~ti NOW this 13 day of July, 2007 upon consideration of the Attached Petition for Special Relief, the following Order is hereby issued: 1. Pending a custody conciliation conference in this matter, primary physical custody shall be with Plaintiff. 2. Pending further Order of Court, Defendants are specifically directed not to remove the child from the primary custody of Plaintiff. 3. The Court Administrator's office is direct to schedule an expedited conciliation conference ~6`~ ~~,1~ to fully address the issues presented in this matter. ~~ •~ 3,1F~y ~, ~}`'~~ ~L1~4 ~ 1 ~~ ~ ~"~,_- I,~%CS a~~ ~'4~`~.V 'r~~_t~`rfl~~~ ~,,r ., ~~ ,L ~~~ J ~LJ~G ~G JUNATIA B. RAUDABAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CU1vIBERLAND COUNTY, PENNSYLVANIA V. • 07-4151 CIVIL ACTION LAW LINDA C. GABEL AND JEFFREY R. BERRY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, July 24, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at _ 4th Floor, Cumberland Coin Courthouse, Carlisle on __________Tuesday, August 07, 2007 at 1:00 PM for aPre-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/ „~ohn,L Mandan, jr., 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, Ci0 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~r~ - sue- ~ ~C~ ~ ~ ~~ . -? ..~-,,~ ~, ~,~, auc i s zoos ~ JUANITA B. RAUDABAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-4151 CIVIL ACTION -LAW LINDA C. GABEL and JEFFREY R. BERRY, : IN CUSTODY Defendants ORDER OF COURT AND NOW, this ~~day of , 2007, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. S , of the C berland County Court House, on the ~~'day of ~ p I~.Q-~Q~ , 2007, at ~ o'clock, Q . M., at which time testimony will be taken. For purposes of this Hearing, the Plaintiff shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, paragraph 3 of the prior Order of Court dated July 13, 2007 is hereby deleted, however all other aspects of the Order of Court dated July 13, 2007 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ~-- cc: Stacy B. Wolf, Esquire, counsel for maternal grandmother Linda C. Gabel, pro se Cumberland County Prison ~~~ ~~,~,,,g;~,(u,(, P- ab- 6 7 1101 Claremont Road /~ Carlisle, PA 17013 ' z~ :~ ~~~~ ~. ~ j,x~~ ~~~z ~, . , ~;l~3 3effrey R. Berry, pro se Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 JUANITA B. RAUDABAUGH, Plaintiff V. LINDA C. GABEL and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4151 CIVIL ACTION -LAW JEFFREY R. BERRY, : IN CUSTODY Defendants PRIOR JUDGE: M.L. Ebert. Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jeffrey Liam Berry August 30, 2004 maternal grandmother 2. A Conciliation Conference was held August 14, 2007 with the following individuals in attendance: The maternal grandmother, Juanita B. Raudabaugh, with her counsel, Stacy B. Wolf, Esquire, and the mother, Linda C. Gabel, pro se. The father did not appear although he had notice of the conference. 3. The Honorable M.L. Ebert, Jr. previously entered an Order of Court dated July 13, 2007 providing for maternal grandmother to have physical custody of the child and that the parents were not to remove the child from the primary custody of the maternal grandmother. 4. Maternal grandmother's position on custody is as follows: maternal grandmother seeks sole legal and sole physical custody of the child with the parents having supervised visitation. Maternal grandmother asserts that the parents are both presently incarcerated and have a history of drug abuse. The child's mother previously granted guardianship of the child to grandmother. Mother now requests that the child be placed with mother's ex-husband who has custody of mother's 16 year old daughter. Grandmother maintains that the ex-husband, who has no biological relationship to this child, has had prior drug use, an unstable work history and a conviction involving corruption of minors and indecent assault. ~~ 5. Mother's position on custody is as follows: Mother seeks to have her ex- husband have custody of the child. Mother maintains that maternal grandmother abuses prescriptions drugs. She asserts that her ex-husband would be an appropriate caregiver to the child and the half siblings would be together. 6. Father's position is unknown as he did not appear at the conference. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one-half day. ~- i~l '~? Date !mot ~ U ac eline M. Verney, Esquire Custody Conciliator .. ORDER OF COURT AND NOW, this 19th day of November, 2007, upon consideration of the JUANITA B. RAUDABAUGH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA C. GABEL and JEFFREY R. BERRY, DEFENDANTS NO. 07-4151 CIVIL attached Agreement and Stipulation of the Parties, it shall be made the Order of Court. By the Court, Stacy B. Wolf, Esquire Attorney for Plaintiff Michelle Sommer, Esquire Attorney for Defendant Mother Jeffrey R. Berry, Esquire Defendant Father M. L. Ebert, Jr., J. 'r-'~-~~ i~.cacGcs! //- /4 - 0 7 `~ bas ~"~ ''~ /t~, ~ S `4' f tied t ~ : ~ r ~~~ ~ ~ Ao~ tooz JUANITA B. RAUDABAUGH, PLAINTIFF V. LINDA C. LABEL and JEFFREY R. BERRY, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4151 CIVIL STIPULATION OF PARTIES AND NOW, this 19th day of November, 2007, upon agreement and stipulation of the Plaintiff, Juanita B. Raudabaugh, and Defendant Mother, Linda C. Gabel, the Parties shall share legal custody of Jeffrey Liam Berry, born August 30, 2004. 1. The Plaintiff shall have primary custody of said child; 2. The Defendant, Mother, will have partial physical custody of said child by agreement of the Parties; 3. The Defendant, Father, will have supervised partial custody of said child beginning on or about January 19, 2008, following his release from incarceration with supervision being provided by his father, Bruce Berry, by agreement of the Parties. 4. Holidays will be shared by agreement of the Parties. Juanita B. Raudabaugh, Plaintiff d G. Ga el, Defendant ~ C . ,\ ' Stacy B. If, Esquire Michelle Sommer squire Attorney f r Plaintiff Attorney for De endant Mother ABOM CSZ' j~ITLILAKLS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 JUANITA B. RAUDABAUGH, Plaintiff v. LINDA C. GABEL and JEFFREY R. BERRY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4151 CIVIL AND NOW, comes the Petitioner, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., who files this Amendment to Petition to Withdraw Appearance, and respectfully represents as follows: The Honorable M. L. Ebert has previously ruled on Custody as he signed an Order of Court adopting a Stipulation as to Custody on November 19, 2007. Date ~ ~ ~~~~ Respectfully submitted, ABOM&~~U11UI.AKISy LAP. Michelle L. Somme squire Attorney ID No.: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ~~ ~ ~ ~ e.~ ~; _~ .~ 9'^p~ , -... . ~. ~ ,_„~ ,. ~ ~':, tmmp ~`) _- ~~ ?~ f . ~ ~~ ~~ L'i ~ JUANITA B. RAUDABAUGH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA C. GABEL and JEFFREY R. BERRY, DEFENDANTS NO. 07-4151 CIVIL ORDER OF COURT AND NOW, this 15`h day of January, 2008, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant, Linda C. Gabel, to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. Defendant, Linda C. Gabel, will file an answer on or before February 4, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If Defendant, Linda C. Gabel, files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, '``~ ~~ M. L. Ebert, Jr., J• Michelle L. Sommer, Esquire Petitioner Stacy B. Wolf, Esquire Attorney for Plaintiff Linda C. Gabel Defendant 1~:~ l~s~s rrt~tC~._. //l~.10 $ bas i 4y l ~; ~' ( T~ ~`I t4_LCti~t~' 1 .3 it ' ~ ~~ ..f r tL ~~l C1~L ~lt~ i, ~V ~_~ J +~ mil 1j ~~ i r C. ~ X t - JAN 0 7 200$ /~' JUANITA B. RAUDABAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. LINDA C. GABEL and JEFFREY R. BERRY, Defendants : NO.07-4151 CIVIL AND NOW, this day of January, 2008, upon consideration of the foregoing Motion, it is hereby ordered that: 1. A Rule is issued upon the Defendant to show why the moving party is not entitled to the relief requested; 2. Defendant shall file a verified Answer to the Motion within ten (10) days of this date; 3. The Motion shall be decided under Pa.R.C.P. No. 206.7; 4. Argument shall be held on the day of 2008, at o'clock am / pm, in Courtroom Number , of the Cumberland County Courthause; and a. In the event that Defendant files an answer, a hearing on the within petition is hereby scheduled to be held on Courtroom Number Carlisle, PA; at o'clock _.m. in on the 4~` Floor of the Cumberland County Courthouse, 5. Notice of the entry of this Order shall be provided to all parties by the moving party. BY THE COURT, J. ~BOM ~' LITLILAKIS Michelie L. Sommer, Esquire Attorney LD. #: 93034 36 South Hanover Street Cazlisle, PA 17013 (717)249-0900 JUANITA B. RAUDABAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. LINDA C. GABEL and JEFFREY R. BERRY, Defendants NO.07-4151 CIVIL AND NOW, comes the Petitioner, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., who respectfully represents as follows: 1. Petitioner, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., maintains an office at 36 South Hanover Street, Carlisle, Pennsylvania 17013. 2. Defendant, Linda C. Gabel's last known address is Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvania 17013. 3. Defendant retained Petitioner on or about November 7, 2007, for representation in the above-captioned matter. 4. Petitioner has provided extensive services to Defendant over the last several months. 5. The parties have signed a Stipulation as to Custody which was made an Order of Court on November 19, 2007 which resolved this matter to the satisfaction of the Defendant. 6. Petitioner is unable to contact the Co-Defendant, Mr. Jeffrey R. Berry, due to the fact that he is incarcerated in New Jersey. His exact location is unknown to undersigned counsel at this time. 7. Counsel for Plaintiff, Stacy B. Wolf, Esquire, has been contacted and does not oppose the relief requested herein. WHEREFORE, Petitioner respectfully requests this Honorable Court grant Petitioner leave to withdraw her appearance on behalf of Defendant in the above-captioned matter. Respectfully submitted, ABOM &~~rT1Ul.AF~Sy LAP. Date ~ I ~ (~g Michelle L. So r, Esquire Attorney ID No.: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date (~~ ~~g Michelle L. So ,Esquire :, ~ . CERTIFICATE OF SERVICE AND NOW, this day of January, 2008, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Petition to Withdraw Appearance on Behalf of the Plaintiff and the Defendant by First Class U.S. Mail at the following: Linda C. Gabel Cumberland County Prison 1101 Claremont Drive Carlisle, PA 17013 Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 ^ l~ . Michelle L. So ,Esquire N ~ ° :7 ~~ ~ ~ ~`=:- ~" ~. «7 ; , - ' ~ - . ; ~ - J C __ ~ ~ q M1.[J _ ~~ ~ +^ -~.,1 tires .~' RE: Failure to Comply with Cumberland County Local Rule 208 Page 1 of 1 Calvanelli, Melissa From: Calvanelli, Melissa Sent: Friday, January 11, 2008 8:49 AM To: 'Michelle Sommer (mis@abomkutulakis.com)' Subject: Notice of Failure to Comply with Local Rule -AMENDMENT REQUIRED Importance: High RE: Failure to Comply with Cumberland County Local Rule 208.3(a) Petition to Withdraw Appearance on Behalf of Defendant 07-4151 - Raudabaugh v. Gabel /Berry Dear Ms. Sommer, Please note that due to your failure to comply with Cumberland County Local Rule 208.3 (a)(2) and/or Rule 208.3(a)(9), your motion will be held in the Court Administrator's Office until an amendment containing the missing information is filed in the Prothonotary's Office. If after two notices no amendment has been filed, your motion will be sent back to the Prothonotary's office and placed in the file and no further action will be taken. Rule 208.3(a). Motions. (2) The motion shall state whether or not a Judge has ruled upon any other issue in the same or related matter, and, if so, shall specify the judge and the issue. (9) All motions and petitions shall contain a paragraph indicating that the concurrence of any opposing counsel of record was sought and the response of said counsel; provided, that this requirement shall not apply to preliminary objections, motions for judgment on the pleadings, motions for summary judgment, petitions to open or strike judgments, and motions for post-trial relief Please note that you do not need to file an additional proposed order or provide additional envelopes for service. Your amendment will be attached to the original motion. Please feel free to contact me if you have any questions or concerns regarding this matter. Sincerely, Melissa H. Calvanelli Assistant Court Administrator 1/11/2008 JAN 14 2008 OM ~' LITLILAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717)249-0900 JUANITA B. RAUDABAUGH, Plaintiff v. LINDA C. GABEL and JEFFREY R. BERRY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4151 CIVIL AND NOW, comes the Petitioner, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., who files this Amendment to Petition to Withdraw Appearance, and respectfully represents as follows: The Honorable M. L. Ebert has previously ruled on Custody as he signed an Order of Court adopting a Stipulation as to Custody on November 19, 2007 Date (~ ~/~- Q Respectfully submitted, ABOM & KUZUI.AF~Sy LLP. ~. Michelle L. Somme squire Attorney ID No.: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ` " `=7 ~ ~~~ -*-• r ~~; „~-. ~ r-~ 7 ` t; z -~? -~~ ' ' - ~ ^~ ... C Y ~,,:~ _ i i ~ ~Y ~ \ ~u ABOM cSZ' I~LiTLiLAKIS Michelle L. Sommer, Esquire Attorney LD. #: 93034 3G South Hanover Street Cazlisle, PA 17013 (717) 249-0900 JUANITA B. RAUDABAUGH, Plaintiff v. LINDA C. GABEL and JEFFREY R. BERRY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4151 CIVIL PETITION TO MAKE RULE ABSOLUTE AND NOW, this 20`'' day of February, 2008, comes Petitioner, Michelle L. Sommer, Esquire, of Abom & Kutulakis, LLP, and respectfully petitions this Court to Make Rule Absolute, and in support thereof avers the following: 1. A Petition to Withdraw Appearance on behalf of Defendant was filed on January 7, 2008 in the above-captioned matter and served upon all parties involved to show cause, if any, why Petitioner should not be allowed to withdraw as counsel for Linda C. Gabel. 2. An Order was issued by Judge M. L. Ebert upon the parties to show cause why the Petitioner should not be permitted to withdraw as counsel for Linda C. Gabel. 3. Said rule was returnable by February 4, 2008. 4. To date, undersigned counsel has not yet received any response to the Order issued by this Honorable Court. WHEREFORE, undersigned counsel prays this Honorable Court to enter an Order granting her request to withdraw as counsel for Linda C. Gabel in the above-captioned matter. Respectfully submitted, ABOM & KUTULAKIS, LLP ~~ ~ Date: o~DcLT~ Michelle L. Somm ,Esquire 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ID #93034 ~. .RTIFT T .OF ,RVIC'F AND NOW, this 20th day of February 2008, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that we did serve a true and correct copy of the foregoing Petition to Make Rule Absolute, served upon other interested counsel by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Linda C. Gabel Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 ABOM ~ KUTULAKIS, L.L.P G`. Michelle L. Sommer, Esquire C`. ~~ `~ ~ ~~ ~ -~ ~ r.~ ca _ _ ~:? ,-, ;~ ~,~? ~;r u~~ C_ N '~~ '-{ . . -.. . . FEe 2 r 2008 ,~~ JUANITA B. RAUDABAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. LINDA C. GABEL and . JEFFREY R. BERRY, . Defendants NO. 07-4151 CIVIL l~ AND NOW, this ~.~ day of ~t, cows , 2008, a Rule to Show Cause having been Ordered on January 15, 2008, and sent certified mail to Respondent, Linda C. Gabel, dated January 24, 2008, and Respondent failing to Answer, the RULE IS MADE ABSOLUTE. The relief requested by Petitioner is hereby GRANTED. Attorney Michelle L. Sommer is granted permission to withdraw as counsel for the Respondent, Linda C. Gabel. BY THE COURT: M.L. Ebert, Judge Distribution• ichelle L. Sommer, Esquire Macy Wolf, Esquire ~nda C. Gabel y ,~ n L ~`~ 0~"/ D' 5.A ~ V ~~ ~A1 V V..d~ V~~~ JUANITA B. RAUDABAUGH, Plaintiff v. LINDA C. GABEL and JEFFREY R. BERRY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 07 - 4151 C1V1L TERM CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE Please enter my appeazance on behalf of Plaintiff, Juanita B. Raudabaugh. LAW OFFICE OF DIRK BERRY, ESQ. /V~ Dirk E. Berry, Esquire 44 S. Hanover St. Carlisle, PA 17013 (717) 243-4448 .G_ ~ C1'3 : -G E y,t? ':~ ._ , t ~~~ ~~ JUANITA B. RAUDABAUGH : IN THE COURT OF COMMON PLEAS OF Planitiff, : CUMBERLAND COUNTY PENNSYLVANIA Docket No. 074151 Civil Term V . 172 LINDA C. GABEL and f, r' JEFFREY R. BERRY :Petition to Modify Custody Order f7:;;:! CO { [ Defendants. ENTERED November 19, 2007 r, M. -; PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER 1. Petitioner, Jeffrey R. Berry, by and through his undersigned attorney, hereby respectfully represents that on November 19, 2007, an Order of Court for Partial Custody of his son, Jeffrey Liam Berry, was entered upon Stipulation of Respondent Juanita C. Raudabaugh and Defendant Linda C. Gabel, a true and correct copy of which Stipulation and Order are attached. 2. This Order of Court should be modified because: (a) The Order was entered pursuant to the Stipulation of the aforesaid parties, to which Petitioner was not a part, and provided that Petitioner (also referred to in the Stipulation as "Defendant Father") will have supervised partial custody ... with supervision being provided by his father, Bruce Berry, by agreement of the parties." (b) Respondent in the past has refused to agree for Petitioner to exercise his partial custody rights in New Jersey where he resides, but has rather insisted that petitioner exercise said custody only within the Commonwealth of Pennsylvania. (c) Prior to Plaintiff's being represented by her attorney, Dirk E. Berry, Esq. and Petitioner being represented by his former attorney Kenneth Saddler, Respondent allowed Petitioner to exercise partial custody of his son in his home state of New Jersey. (d) On all occasions on which Petitioner exercised such custody, he duly returned his son without incident to Respondent, as primary custodian, at the conclusion of agreed-upon partial custody period. (e) Petition has not been in contact with his son in over a year. Petitioner's last contact was around Christmas of 2009. ) ?_ P'G GG )11? (f) Petitioner and family have since written many of letters and attempted many of phone calls to seek out contact with his son where Respondent intentionally does not respond. (g) Respondent has not responded to any calls or letters in over a year where Petitioner has attempted to seek out an agreement about exercising his custody rights. (h) Petitioner cannot establish a meaningful and ongoing relationship with his son while being restricted to exercising custody within the Commonwealth of Pennsylvania where he does not maintain a residence. (i) Petitioner cannot establish a meaningful and ongoing relationship with his son when all contact with him has been denied for the last year. 0) Petitioner's parents and other relatives, who reside in the State of New Jersey, are also impeded from developing an ongoing relationship with their grandson, nephew and cousin, respectively, while Plaintiff prevents Petitioner from exercising custody of his son in New Jersey and thus from being able to visit said relatives with his son. (k) It is not in the best interests of Petitioner's son to limit Petitioner's exercise of partial custody of his son, let alone have absolutely no contact with his father as Plaintiff has denied for over a year. (1) Petitioner in the past demonstrated good faith reliability to work with Plaintiff by having non-overnight custody periods with his son in the Mechanicsburg/Harrisburg, Pennsylvania areas. (m) Prior to Petitioner's retaining his former attorney Kenneth Saddler, Respondent allowed Petitioner to exercise partial custody of his son without his father, Bruce Berry, being present to accompany him picking up his son. (n) It is unnecessary and indeed impedes Petitioner's developing a meaningful regular relationship with his son to have his father, Bruce Berry, present and supervising him during these partial custody periods. (o) A regular schedule, allowing Petitioner to exercise partial custody of his son at least two weekends each month is needed to allow Petitioner to develop such a relationship with his son and is thus in his son's best interest. (p) A schedule, allowing Petitioner to exercise partial custody of his son during holidays, birthdays, vacations is further needed to allow Petitioner to develop such a relationship with his son and is also in his son's best interest. (q) Respondent will incur no additional expense or inconvenience as a result of these regular and continuous custody periods as Petitioner is prepared to pick up his son at Respondent's residence or other convenient location, and return him there at the conclusion for the custody period. (r) Petitioner must enjoy shared legal must be permitted to participate in making decisions about his son's education, including any school and religious upbringing, which would include christening which has been delayed due to disagreements between Petitioner (including his parents) and Respondent. (s) Respondent is not complying with the Court Order and Stipulation of the custody agreement by not allowing Petitioner to contact his son and not responding to petitioner for arranging opportunities for Petitioner to exercise his custody rights and intentionally not answering calls and responding to letters. (t) Respondent is intentionally denying Petitioner the right to see his son. (u) It is in the best interest of the child to have ongoing and continuous contacts to enjoy a meaningful relationship with his father WHEREFORE, Petitioner requests the Court modify the existing Order for Shared and Partial Custody because it will be in the best interest of the child. f. . C? Date Bryanf Harmon Esq. (Attorney for Petitioner) VERIFICATION I verify that the statements made in this Petition to be true and correct to the best of my knowledge and information. I understand that if there are any false statements herein, they are made subject to the penalties of 18 Pa C.S. 4904 relating to unworn falsification to authorities. 20 "/? ol/ -?? 44 ate effrey R. Berry ? f f 1 // JUANITA B. RAUDABAUGH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA C. GABEL and JEFFREY R. BERRY, DEFENDANTS NO. 07-4151 CIVIL ORDER OF COURT AND NOW, this 19th day of November, 2007, upon consideration of the attached Agreement and Stipulation of the Parties, it shall be made the Order of Court. Stacy B. Wolf, Esquire Attorney for Plaintiff Michelle Sommer, Esquire Attorney for Defendant Mother Jeffrey R. Berry, Esquire Defendant Father bas By the Court, T- M. L. Ebert, Jr., J. VWE z RE-COFUw z T?"ftmYwhw+e . I hm uaM?se my tang id ttte of Mw coo at 00w, pL h' ABU JUANITA B. RAUDABAUGH, P! ANTIFF IN THE COURT OF COMMON PEAS OF '( I{I/?RFRt_A.Nr? CQIJINTY PFNNSYI_\/ANIA V. LINDA G. GABEL and JEFFREY R. BERRY, CEFEN DAN? S NO. 07-4 f 51 C1V1L STIPULATION OF PARTIES AND NOW, this 19"" day of November, 2007, upon agreement and stipulati? tt of the Plaintiff- -Juanita B. Raudabaugh, and Defendant Mother, Linda r-. Gabel, the Par ties shall, share legal custody of Jeffrey Liam Berry, born August 30, 2004. 1. The Plaintiff shall have primary custody of said child; L:. The Defendant, Mother, will have partial physical custody of said child by agree--et of the Parties; 3. ire Defendant, Father, wi" have supeivised partial custody of said child beginning o- or about January '19, 2008, folio,,ving his release from incarceration with supervision being provided by ails father, Bruce Berry, by agreement of the Parties. 4. 1 =olidays will be sl?ared by agreement of the Parties. :Juanita B_ Raudabaugh, Plaintiff`:nda C. Gabel, Defendant' Stacy B_ Wolf, Esquire Y Attorney for Plaintiff Michelle Sommer. Esquire _ Attorney for Defendant Mother 23 Pa. C.S. § 5302. Definitions "Partial Custody" The right to take possession and control of a child away from the custodial parent for a certain period of time. "Shared Custody" An order awarding shared legal or shared physical custody, or both, of a child in such a way as to assure the child of frequent and continuing contact with and physical access to both parents. 23 Pa. C.S. § 5310 Modification of existing custody orders. Except as provided in 51 Pa. C.S. § 4109 (relating to child custody proceedings during military deployment), any order for the custody of the child of a marriage entered by a court in this commonwealth or any state may, subject to jurisdictional requirements set forth in Chapter 54 (relating to uniform child custody jurisdiction and enforcement), be modified at any time to an order of shared custody in accordance with this subchapter. PROPOSED CUSTODY ORDER 1) Respondent, still maintains primary physical custody. 2) Defendant, Linda C. Gabel (mother), still maintains partial physical custody. 3) Petitioner, Jeff Berry, granted shared legal custody and shared physical custody unsupervised. 4) Petitioner shall enjoy shared custody for at least two weekends a month, alternating holidays, vacation time, and share birthday time to ensure continuous contact in the best interest of the child. a) ex. If Petitioner takes custody during Thanksgiving, Respondent shall enjoy custody during Christmas. In the following year, Respondent shall enjoy custody for Thanksgiving, while Petitioner enjoys having custody during Christmas. 5) Petitioner shall enjoy shared legal custody to ensure he has input on major life decisions such as religious and school decisions. 6) At anytime Respondent cannot care for child, Petitioner shall take custody for the duration of time Respondent cannot care for child. 7) Petitioner shall exercise custody in his home state of New Jersey, which includes overnight stays, and shall not be limited to exercising custody only in the Commonwealth of Pennsylvania. 8) Petitioner will incur all cost and responsibilities for pick up and return of the Jeffrey Liam Berry. Date B t Harmon, Esq. (Attorney for Petitioner) JUANITA B RAUDABAUGH Planitiff, V. LINDA C. GABEL and JEFFREY R. BERRY Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA DOCKET NO. 07-4151 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary Please enter my appearance of Bryant Harmon, Esquire, on behalf of Jeffrey Berry in the above-captioned matter. All papers may be served at 10 Winslow Dr., Hammonton, NJ 08037. Date: 2a' Bryant Hartriffn, Esquire ID No. 307939 10 Winslow Drive Hammonton NJ 08037 (856) 264 7041 Attorney for Defendant Jeffrey R. Berry M rn v a ; c n --: ?- c., JUANITA B. RAUDABAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V, 2007-4151 CIVIL ACTION LAW y ,? I LINDA C. GABEL AND JEFFREY R. BERRY ' IN CUSTODY DEFENDANT f__, ORDER OF COURT " AND NOW, Thursday, March 03, 2011, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland Country Courthouse, Carlisle on Monday, April 11, 2011 at 11:00 AM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John I Mangan, Tr., EsT. Ve _ 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 ' 1CT . Telephone (717) 249-3166 ?e?t.0 err ?I 6-4rc e ct, i C) JUANITA B. RAUDABAUGH : IN THE COURT OF COMMON PLEAS C:= yl Planitiff, : CUMBERLAND COUNTY PENNSYLV *A= ?-=r =? TM Mr- • z;u ;;a -0rl v. : Docket No. 074151 Civil Term ,r- ..<> -- co :%)b LINDA C. GABEL and > n `;? JEFFREY R. BERRY : Petition For Civil Contempt of Custody yZ-„c ca Defendants. : Order ENTERED November 19, 2007 4 .J r ., PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER 1.The Petition of, Jeffrey R. Berry, by and through his undersigned attorney, hereby respectfully represents that on November 19, 2007, an Order of Court for Partial Custody of his son, Jeffrey Liam Berry, was entered upon Stipulation of Plaintiff Juanita C. Raudabaugh and Defendant Linda C. Gabel, a true and correct copy of which Stipulation and Order are attached. 2. Respondent has willfully failed to abide by the order in that a) Petitioner has denied any custody rights for over a year. b) The last time Petitioner has seen Jeffrey was around Christmas of 2009. c) Respondent changed her phone number over the course of the past year and Petitioner and Supervisor could not reach her. d) Both Petitioner and Supervisor made over 60 attempts to set up custody arrangements and could not due to avoidance and the change of her number but on a limited basis. e) The only contact Respondent made with Supervisor, was when respondent via text message contacted supervisors fiance and stated Petitioner and Supervisor could enjoy exercise of custody only in the Mechanicsburg area. f) When contact was made with Respondent, she made unreasonable demands that Petitioner and Supervisor would have to stay in a hotel of her choice in the Mechanicsburg area. Furthermore, any visitation was subject to her approval and could not interfere with her schedule. o pi e ' ,+I,?11oIlo 4 377 t;tgol J'6 g) A child cannot develop a meaningful relationship with the father at a hotel room and thus is not in the best interest of the child. h) There are no stipulations in the custody order stating any custody rights are subject to her approval and schedule. i) In Stipulations 3 of existing custody order, it states supervised partial custody by the "Agreement" of the parties and not the approval of the primary custodian. j) No stipulation in the custody order states approval of primary custodian. k) Respondent willfully does not agree to any exercise of custody and constantly states she is busy when trying to set up an arrangement. 1) Prior to Christmas of 2009, the subject child was allowed overnight stays at the supervisor's house where Petitioner could enjoy his custody rights under the supervision of his father. m) At any time the child was with Petitioner without the supervisor, supervisor called Respondent ahead of time and gained her approval for an unsupervised overnight stay at Petitioner's residence. n) Respondent also, visited Petitioner's residence and approved subject child could stay there when notified because it met her approval of a suitable place for subject child to stay. o) However, since Christmas 2009, Respondent has given no reason for cut off in custody rights of respondent and makes unreasonable demands for Petitioner and supervisor to exercise supervised partial custody rights. p) The last attempts made by Petitioner to seek custody of the subject child were to no avail when Respondent claimed Petitioner take a paternity test and made claims in a demeaning manner Petitioner is not the father that another man Scott Gabel was. q) In Respondent's Pretrial Memorandum when first initiation custody suit in 2007, Respondent through her attorney at the time, Stacy Wolf Esq., stated Scott Gabel is not the father and Jeff Berry is the father. (Pretrial Memorandum attached). r) Part of the duties of the primary custodian is to ensure the other parties to the agreement enjoy their custody rights. s) Respondent has willfully denied Petitioners exercise of custody for over a year. t) It is in the best interest of the child to develop meaningful relationship with his father. u) Because child Petitioner has been denied custody rights, the subject child has lost a year of his young life to develop a meaningful relationship with his father. WHEREFORE, Petitioner requests that Respondent be held in contempt of court. Date B t Harmon, Esq. (Attorney for Petitioner) 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 unworn falsification to authorities. cam:-??` b ate J ff B Petitioner r'1 r 7I JUANITA B. RAUDABAUGH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA C. GABEL and JEFFREY R. BERRY, DEFENDANTS NO. 07-4151 CIVIL ORDER OF COURT AND NOW, this 19"' day of November, 2007, upon consideration of the attached Agreement and Stipulation of the Parties, it shall be made the Order of Court_ Stacy B. Wolf, Esquire Attorney for Plaintiff Michelle Sommer, Esquire Attorney for Defendant Mother Jeffrey R_ Berry, Esquire Defendant Father bas By the Court, s,. M. L. Ebert, Jr., J. W ?.aLib ?YF IF-KOLA RECOR& TOO-* WRY WW"d , t r*9 Uft Veit My hanO Id the aver! of saw cowl at Q ?W Pa. '/4 A-ftu JUANITA B. RAUDABAUGH, PIAINTIFP IN THE COURT OF COMMON PLEAS OF CiJURPRI_A.ND (,-0XjMTY. PFNNSYI_\fANiA V. LINDA G. GABE! and JEFFREY R. BERRY,, DI=rENDANTS : NO. 07-4 jD' CIVIL V' STIPULATION OF PARTIES AND NOW, this t 9`r day of November, 2007, upon agreement and stipulation of t; re Plaintiff. Juanita tB. Raudabaugh, and Defendant Mother. Linda C. Gabel, the Parties shall share legal custody of Jeffrey Liam Berry, born August 30, 2004. 1. The Plaintiff shall have p;.Hmary custody of said child; 2. The Defendant, Mother, wiii have partial physical custody of said child by agme?-: nt of the Parties; 3. e Defendant, Father, t.+,,iil have super-,ised partial custody of said child beginning o- or about January 19, 2008, foHowing';is release from incarceration with supervision being provided by his father, Bruce Berry, by agreement of the Parties. 4. i o"days viii be shared by agreement of the Parties. Juanita B. Raudabaugh, Plaintiff `- Stacy B. Wolf, Esquire =~ A Forney for Plaintiff Linda C. Gabel, Defendant' Michelle Sommer, Esquire Attorney for Defendant Mother STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JUANITA B. RAUDABAUGH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff , : CIVIL ACTION - LAW v. LINDA C. GABEL and : NO. 2007-4151 CIVIL TERM JEFFREY R. BERRY, Defendants : CUSTODY PRETRIAL. MEMO R_ANfl Plaintiff, Juanita B. Raudabaugh, through her counsel, Stacy B. Wolf, Esquire, submits to this Honorable Court the following pretrial memorandum for consideration. I. POSITION OF JUANITA B. RAUDABAUGH WITH RESPECT TO CUSTODY: On July 13, 2007, this Honorable Court granted special relief, granting primary physical custody of Jeffrey Liam Berry, age 3 years, to Juanita B. Raudabaugh (hereinafter "Grandmother") and directing Linda, C. Gabel (hereinafter "Mother") and JeffreyK Berry (hereinafter "Father") not to remove the child from the primary physical custody of Grandmother. Following the custody conciliation conference, pursuant to the August 17, 2007 Order of Court, the provisions of the July 13, 2007 Order granting Grandmother primary physical custody of the child and directing Mother and Father not to remove the child from Grandmother's primary physical custody remain in effect. Jeffrey has been in the primary custody of Grandmother since June 28, 2007. Plaintiff has cared for the child extensively throughout his life and most recently, prior to June 28, 2007, for one to two week periods of time from November of 2006. Father has been in and out of the child's life since he was born, being out of state and, since November 30, 2006, incarcerated at the Cumberland County Prison and is currently incarcerated at the Atlantic County Justice Facility in Mays Landing, New Jersey. Mother has had custody of the child during the times when he was not with Grandmother, but was incarcerated December 1, 2006 for a parole violation and then was transferred to a drug treatment facility at Vantage in Lancaster on December 12, 2006 with the child and then to a transitional living center TLC in Lancaster in early May, 2007 with the child. During the second week of June, 2007, Mother was ordered to leave TLC due to a positive drug urine test. From that time, Mother was living with the child homeless, unto she was arrested and incarcerated on June 28, 2007. On February 26, 2007, Mother granted Grandmother guardianship and custody of the child. On July 10, 2007, Mother granted temporary guardianship and custody of the child to Scott Gabel, Mother's ex- husband, stating that the document supersedes any and all previous documents. The child has no biological relationship to Scott Gabel, age forty-seven, who at the time was living in Vero Beach, Florida with his twenty-one-year-old girlfriend and her five-year-old daughter who is not -W Gabel's child. Mr. Gabel is currently residing in Susquehanna Township, Harrisburg, Pennsylvania. It would not be in the child's best interests for Mr. Gabel to have custody due to his prior drug use, unstable employment history, and criminal convictions involving corruption of minors and indecent assault. Mother is currently on parole under intensive supervision and is living in Mechanicsburg, Pennsylvania.. Grandmother believes that it is in the best interests of the child for her to retain primary physical custody, with Mother having regular visitation at times agreed to by both parties, and for Grandmother to be awarded sole legal custody. Grandmother provides a suitable and stable household for the child in Mechanicsburg, Pennsylvania, with her husband, Richard Raudabaugh, meeting the child's emotional, physical, and spiritual needs. Grandmother has enrolled Jeffrey into Kinder Care in Mechanicsburg and has been working with the child on important learning skills. Grandmother has assured that the child has regular medical and dental checkups as well as following all necessary treatments required by physicians. If permitted to retain primary physical custody of Jeffrey, Grandmother would permit regular contact and visits between the child and Mother with supervised visits between the child and Father whenever possible. II. WITTY J1JANITA RAI D RA 7H (PI AINILM Will testify as to the reasons she is seeking to retain primary physical custody of Jeffrey as well as sole legal custody, including what the current circumstances are like and what it would be lice if Jeffrey were 2 in Mother or Father's primary custody. Grandmother will offer testimony as to her relationship with the child. Grandmother will also offer testimony as to the child's relationship with her husband, Richard Raudabaugh. DR. MARIO M. SANGILLO (CFIILD'S PHYSICIAID Will testify about child's health and development, the child's relationship with Grandmother, opinions concerning the current custody situation, opinions as to whether it is in the best interests of the child to continue in Grandmother's primary custody. RICHARD L RAUDABAUGH (P_ AI FF'S F-n 7Q'PAND) Will testify as to his direct observations of the current custody situation, while the child is in Grandmother's care, and will testify as to his relationship with his grandson, Jeffrey. GLENN M. B T.T. UGH(PLARNMEF'S SON) Will testify as to his direct observations of the current custody situation, while Jeffrey has been in Mother's care as well as Mother's ability to care for the child. Will also provide testimony about Grandmother in the past taking care of his own two sons for a week at a time when needed by he and his wife, Betty. III. OTHER WIT-NESSRC• Plaintiff reserves the right to amend and supplement her list of witnesses as necessary prior to the hearing. Date: November ( 2007 Respectfully Submitted, WOLF & WOLF By. 4Stacy, olf, Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for Plaintiff 3 JUANITA B. RAUDABAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI'F --? Zrn x. rn_ V 2007-4151 CIVIL ACTION LAW * ? N qo -46 LINDA C. GABEL AND JEFFREY R. BERRY D? Mt = DEFENDANT IN CUSTODY 2p N _ c5n C ? yz --! ORDER OF COURT AND NOW, Monday, March 21, 2011 , upon consideration of the attached Com plaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, April 11, 2011 at 11:00 AM 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. 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/ ohn . Man an r. 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. V9L Cumberland County Bar Association a4yt?4 6&/7 4z?: at? 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JUANITA B. RAUDABAUGH : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. : Docket No. 07-4151 Civil Term • c LINDA C. GABEL and JEFFREY R. BERRY : Petition for Civil Contempt of Custody Defendants : Order ENTERED November 19, 2007 r' PETITION FOR CIVIL CONTEMP FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER "t-\ n 0 1.) The Petition of, Jeff R. Berry (Petitioner), by and through his undersigned attorney, hereby respectfully represent that on November 19, 2007, an Order of Court for Partial Custody of his son, Jeffrey Liam Berry, was entered upon Stipulation of Plaintiff Juanita C. Raudabaugh (Respondent) and Defendants Linda C. Gabel and Jeffrey R. Berry, a true amd correct copy of which Stipulation and Order are attached. 2.) Respondent has willfully failed to abide by the order in that a) Petitioner has been denied any custody rights for over a year. b) The last time Petitioner has seen his son was shortly after Christmas of 2009. c) Respondent changed her phone number over the course of the past year and Petitioner and Supervisor of Petitioner (Bruce Berry) could not reach her for some time. d) All facts from previous attempt of Petition for Civil Contempt for Disobedience of Partial Custody Order still averred. Original Petition attached. e) Child at issue has not seen his father (Petitioner) in over a year. f) Respondents willful violation of this custody order hurts the child subject to the custody order (Jeffrey Liam Berry) most. of all. The child has no say in whether or not he gets to see his dad. g) A continuing relationship with his father is NECESSARY for his child development. L a ?t,0' If53311A?glo,V 6 )9;? A-7 SSO h) A contempt order is necessary to restore the relation of child and father to allow the child a proper development. i) Petitioner cannot even get a phone conversation with subject child j) In the past Petitioner attempted to no avail to buy subject child a pre paid cell phone in order to speak with his son and not disturb Respondent. k) Petitioner as well as Supervisor and family have written many of letters in attempt to appeal to any good nature of Respondent to allow them to see subject child which of course were not responded to. 1) An order for conciliation was entered on March 3rd 2011. m) The original date was set for April 11 h 2011 before Respondents attorney requested it be moved to May 27`h 2011. n) Respondent will not make any agreements for Petitioner to have a supervised custody under the current Custody Order. o) She hangs up anytime Petitioner calls. p) She willfully will not Respondent to any text messages to set up a date for Petitioner to exercise his custody. q) In the very limited contact Petitioner had with Respondent, she makes outlandish claims of he does not love his son and he is not the father. r) Respondent has not intention of ever letting Petitioner see his son. s) Only has Respondents attorney responded with Petitioner has to visit his son at a place of Respondents choosing in the area of her choosing and is subject to her schedule. t) In any attempt of Petitioner to abide by this absurd request were denied by Respondent because she claims she is busy. u) Respondent and her attorney have the mistaken belief that all custody arrangements are subject to her approval, which is incorrect. It is subject to the agreement of the parties and as mentioned above she will not respond and hangs up on Petitioner. Petitioner cannot make agreements for exercising custody when Respondent will not respond to any messages and hangs up on Petitioner's phone calls. v) Petitioner can not wait for the conciliation hearing on May 274` because it will be another 6 weeks of him being denied his custody rights and it has already been OVER A YEAR!! M! w) Respondent continually fails to abide to the fact a person who has primary custody will ensure the custody rights of the other parties of the agreements. x) At this time Petitioner urgently request a contempt hearing against Respondent to address all issues of her willful violations of the custody order and continuing denial of Petitioners rights. y) Petitioner needs his day in court to offer him justice for this egregious mistreatment he suffers by denying him all rights to see his son. z) Petitioner further request a temporary custody order at this time that ensures him the right to see his son and will no longer be at the mercy of the Respondents absurd request of time, place, and manner of custody which apparently never works with her schedule and her indignant treatment of Petitioner. WHEREFORE, Petitioner request Respondent be held in contempt of court. V?/OZ Date Bryarmon Esq. (Attorney for Petitioner) Attorney ID 307939 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. Date Jeff I3 ri'v- Petitioner JUANITA B. RAUDABAUGH : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. : Docket No. 07-4151 Civil Term LINDA C. GABEL and JEFFREY R BERRY : Petition for Civil Contempt of Custody Defendants : Order ENTERED November 19, 2007 TEMPORARY CUSTODY ORDER AND NOW, this day of April, 2011, by order of the Court. The following Temporary Custody Order be issued until new agreement be made at Conciliation Scheduled for May 27t` 2011. 1) Jeffrey R Berry have joint legal and physical custody of Jeffrey Liam Berry. 2) Linda C Gabel/Suter have joint legal and physical custody of Jeffrey Liam Berry 3) Juanita B. Raudabaugh retain primary legal and physical custody. STIPULATIONS 1) Jeffrey R Berry be able to exercise custody every other weekend and every other holiday of Jeffrey Liam Berry without question from primary custodian. 2) Jeffrey R Berry be able to exercise custody rights in his home state of New Jersey. 3) Jeffrey R Berry accompanied by Bruce Berry will be responsible for pick up and return of Jeffrey Liam Berry during exercise of custody. 4) Jeffrey R Berry and his family may call at anytime to speak with Jeffrey Liam Berry without interference by Primary Custodian. BY THE COURT J. HONORABLE JUANITA B. RAUDABAUGH : IN THE COURT OF COMMON PLEAS OF Planitiff, : CUMBERLAND COUNTY PENNSYLVANIA_- - v. r Docket No. 07-4151 Civil Term pis r- -- - LINDA C. GABEL and -< ` JEFFREY R. BERRY : Petition For Civil Contempt of Custody Defendants. : Order ENTERED November 19, 2007 =6 ? ' r, r co PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER l.The Petition of, Jeffrey R. Berry, by and through his undersigned attorney, hereby respectfully represents that on November 19, 2007, an Order of Court for Partial Custody of his son, Jeffrey Liam Berry, was entered upon Stipulation of Plaintiff Juanita C. Raudabaugh and Defendant Linda C. Gabel, a true and correct copy of which Stipulation and Order are attached. 2. Respondent has willfully failed to abide by the order in that a) Petitioner has denied any custody rights for over a year. b) The last time Petitioner has seen Jeffrey was around Christmas of 2009. c) Respondent changed her phone number over the course of the past year and Petitioner and Supervisor could not reach her. d) Both Petitioner and Supervisor made over 60 attempts to set up custody arrangements and could not due to avoidance and the change of her number but on a limited basis. e) The only contact Respondent made with Supervisor, was when respondent via text message contacted supervisors fiancd and stated Petitioner and Supervisor could enjoy exercise of custody only in the Mechanicsburg area. f) When contact was made with Respondent, she made unreasonable demands that Petitioner and Supervisor would have to stay in a hotel of her choice in the Mechanicsburg area. Furthermore, any visitation was subject to her approval and could not interfere with her schedule. g) A child cannot develop a meaningful relationship with the father at a hotel room and thus is not in the best interest of the child. h) There are no stipulations in the custody order stating any custody rights are subject to her approval and schedule. i) In Stipulations 3 of existing custody order, it states supervised partial custody by the "Agreement" of the parties and not the approval of the primary custodian. j) No stipulation in the custody order states approval of primary custodian. k) Respondent willfully does not agree to any exercise of custody and constantly states she is busy when trying to set up an arrangement. 1) Prior to Christmas of 2009, the subject child was allowed overnight stays at the supervisor's house where Petitioner could enjoy his custody rights under the supervision of his father. m) At any time the child was with Petitioner without the supervisor, supervisor called Respondent ahead of time and gained her approval for an unsupervised overnight stay at Petitioner's residence. n) Respondent also, visited Petitioner's residence and approved subject child could stay there when notified because it met her approval of a suitable place for subject child to stay. o) However, since Christmas 2009, Respondent has given no reason for cut off in custody rights of respondent and makes unreasonable demands for Petitioner and supervisor to exercise supervised partial custody rights. p) The last attempts made by Petitioner to seek custody of the subject child were to no avail when Respondent claimed Petitioner take a paternity test and made claims in a demeaning manner Petitioner is not the father that another man Scott Gabel was. q) In Respondent's Pretrial Memorandum when first initiation custody suit in 2007, Respondent through her attorney at the time, Stacy Wolf Esq., stated Scott Gabel is not the father and Jeff Berry is the father. (Pretrial Memorandum attached). r) Part of the duties of the primary custodian is to ensure the other parties to the agreement enjoy their custody rights. s) Respondent has willfully denied Petitioners exercise of custody for over a year. t) It is in the best interest of the child to develop meaningful relationship with his father. u) Because child Petitioner has been denied custody rights, the subject child has lost a year of his young life to develop a meaningful relationship with his father. WHEREFORE, Petitioner requests that Respondent be held in contempt of court. Date Bryant Harmon, Esq. (Attorney for Petitioner) 7 JUANITA B. RAUDABAUGH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA C. GABEL and JEFF=REY R. BERRY, DEFENDANTS NO. 07-4151 CIVIL ORDER OF COURT AND NOW, this 191h day of November, 2007, upon consideration of the attached Agreement and Stipulation of the Parties; it small be made the Order of Cur, By the Court, M. L. Ebert, Jr., Stacy B. Esquire Attorney 1 'or Plaintiff Michelle Sommer, Esquire Attorney for Defendant Mother Jeffrey R. Berry, Esquire Defendant Father bas J. ir -'L it T"Molny WMW. I ! ? so my f eno }d, the of C OA at Q*"' Pa, 14-,-c dw _k .. '\: (A B. Raj U L f'"" C01 IRT OF v REAS CIF 1?i^ F ! \", t A NIP, ?Fli ??t-rV t:. FN(SV' VA NIA "1 l ... '? { t J E: NIEDA P t?: ULAi ON OF PARTIES AND thi ! Q iC:?i n! ? a Yt( 2r_),,- i 7 J S ':Ji v( j?7G Ii f.l nr??. r? ri, the Pa es si :+N shwa ieg ' ?•vCL?V?? o? vG?.?ire}? ? IG? ? .il i L?. 'J ?il ni ?b :'tGtfii:ff shaJ have Pr'1 e3:1 _: .l.3'v i N:tou of said child- :. c Defendant- sV of '° pa t?al ,piws4,,-a- cus'•:Cit\` Of ScalCf c:hiid :V r`` "°?' v. U iend nt_ Fat?'LO "' . i '_V° -ZT,T)F ..siC ??0I 3C_E beoi, ii C^ 01- P, 4iJ.iV •niCarce.-m lon vjit: t supe v?jlor I I FF -'?' r g, }.rat. JI;d -u by 's fatther. 3r uC:e Berri ? of she Parties. 4• 70:; a`IS 'will 09 S?'"G"a , I eyyrce1 „ ~ ° x7 .. ? Parties. B. Rauaabaugh, Piain ff` Ana C. Uabei, Defendant- StaCY "A!,oif, E7squire --- Mich efie ori,r ei. n E?q? i e _ r-,l?,oi r':''? Eir ?1G. r?i"? ' Attorney nor DefemdC .ni. Mother L STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JUANITA B. RAUDABAUGH, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW LINDA C. GABEL and : NO. 2007-4151 CIVIL TERM JEFFREY R. BERRY, Defendants : CUSTODY PRETRIAL MEMORAND M OF PLAINTIFF JUANITA B RAUDABAUGH Plaintiff, Juanita B. Raudabaugh, through her counsel, Stacy B. Wolf, Esquire, submits to this Honorable Court the following pretrial memorandum for consideration. I. POSITION OF JUANITA B. RAUDABAUGH WITH RESPECT TO 1 TODY: On July 13, 2007, this Honorable Court granted special relief, granting primary physical custody of Jeffrey Liam Berry, age 3 years, to Juanita B. Raudabaugh (hereinafter "Grandmother") and directing Linda C. Gabel (hereinafter "Mother") and Jeffrey R Berry (hereinafter "Father") not to remove the child from the primary physical custody of Grandmother. Following the custody conciliation conference, pursuant to the August 17; 2007 Order of Court, the provisions of the July 13, 2007 Order granting Grandmother primary physical custody of the child and directing Mother and Father not to remove the child from Grandmother's primary physical custody remain in effect. Jeffrey has been in the primary custody of Grandmother since June 28, 2007. Plaintiff has cared for the child extensively throughout his life and most recently, prior to June 28, 2007, for one to two week periods of time from November of 2006. Father has been in and out of the child's life since he was born, being out of state and, since November 30, 2006, incarcerated at the Cumberland County Prison and is currently incarcerated at the Atlantic County Justice Facility in Mays Landing, New Jersey. Mother has had custody of the child during the times when he was not with Grandmother, but was incarcerated December 1, 2006 for a parole violation and then was transferred to a drug treatment facility at Vantage in Lancaster on December 12, 2006 with the child and then to a transitional living center TLC in Lancaster in early May, 2007 with the child. During the second week of June, 2007, Mother was ordered to leave TLC due to a positive drug urine test. From that time, Mother was living with the child homeless, until she was arrested and incarcerated on June 28, 2007. On February 26, 2007, Mother granted Grandmother guardianship and custody of the child. On July 10, 2007, Mother granted temporary guardianship and custody of the child to Scott Gabel, Mother's ex- husband, stating that the document supersedes any and all previous documents. The child has no biological relationship to Scott Gabel, age forty-seven, who at the time was living in Vero Beach, Florida with his twenty-one-year-old girlfriend and her five-hear--old daughter who is not MW. Gabel's child.. Mr. Gabel is currently residing in Susquehanna Township, Harrisburg, Pennsylvania. It would not be in the child's best interests for Mr. Gabel to have custody due to his prior drug use, unstable employment history, and criminal convictions involving corruption of minors and indecent assault. Mother is currently on parole under intensive supervision and is living in Mechanicsburg, Pennsylvania. Grandmother believes that it is in the best interests of the child for her to retain primary physical custody, with Mother having regular visitation at times agreed to by both parties, and for Grandmother to be awarded sole legal custody. Grandmother provides a suitable and stable household for the child in Mechanicsburg, Pennsylvania, with her husband, Richard Raudabaugh, meeting the child's emotional, physical, and spiritual needs. Grandmother has enrolled Jeffrey into Kinder Care in Mechanicsburg and has been working with the child on important learning skills. Grandmother has assured that the child has regular medical and dental checkups as well as following all necessary treatments required by physicians. If permitted to retain pttimaryphysical custodyof Jeffrey, Grandmother would permit regular contact and visits between the child and Mother with supervised visits between the child and Father whenever possible. II. WITNESSES: -WMTA B RAT DABAUGH (PT ADsME I Will testify as to the reasons she is seeking to retain primary physical custody of Jeffrey as well as sole legal custody, including what the current circumstances are like and what it would be like if Jeffrey were 2 in Mother or Father's primary custody. Grandmother will offer testimony as to her relationship with the child. Grandmother will also offer testimony as to the child's relationship with her husband, Richard Raudabaugh. DR. MARIO M. SANGILLO (CHILD'S PHYSICIAN Will testify about child's health and development, the child's relationship with Grandmother, opinions concerning the current custody situation, opinions as to whether it is in the best interests of the child to continue in Grandmother's primary custody. RICHARD L. RAUDABAUGH (PLAINTIFF'S HUSBAND. Will testify as to his direct observations of the current custody situation, while the child is in Grandmother's care, and will testify as to his relationship with his grandson, Jeffrey. GLENN M. BALLOUGH (PLAINTIFF'S SONS Will testify as to his direct observations of the current custody situation, while Jeffrey has been in Mother's care as well as Mother's ability to care for the child. Will also provide testimony about Grandmother in the past taking care of his own two sons for a week at a time when needed by he and his wife, Betty. III. OTHER WITNESSES: Plaintiff reserves the right to amend and supplement her list of witnesses as necessary prior to the hearing. Date: November 2007 Respectfully Submitted, WOLF & WOLF By: c (,, Stacy B. 01f, Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for Plaintiff 3 JUANITA B. RAUDABAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF C7 CUMBERLAND COUNTY, PENNSYLVAN! j .N`?.. f.. • ;1 M CD ? T_ --n V z;a . 2007-4151 CIVIL ACTION LAW S N 7" LINDA C. GABEL AND JEFFREY R. BERRY {e ..? nj IN CUSTODY ' DITFENDANT ORDER OF COURT AND NOV', Mond a , March 21, 2011 _ upon consideration of the attached Complaint. it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, April 11, 2011 at 11:00 AM for a Pre-Hearin, Custody Conference. At such conference, an effort Nvill 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 nay provide grounds for entry of a temporarv 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: /sl _ john . Mangan, r., EsgT 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 oftice. All arrangennents 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand and the??lsealof said Court at Carlisle, Pa. This.., ' day of .20 OWN JUANITA B. RALTDABAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYL*I" ?S ? om ,,., T ., V. 2007-4151 CIVIL ACTION LAW Q -v c:) LINDA C. GABEL AND JEFFREY R. BERRY " IN CUSTODY - DEFENDANT ORDER OF COURT AND NOW, Thursday, April 14, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, May 18, 2011 ___ at 2:30 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. 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/ john. Mangan, r. Esq., IgN 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. ?' Cumberland County Bar Association 32 South Bedford Street v q Y7a,?,*?'v Carlisle, Pennsylvania 17013 9i Telephone (717) 249-3166 JUANITA B. RAUDABAUGH PLAINTIFF V. LINDA C. GABEL and JEFFREY R. BERRY DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - 4151 CIVIL ACTION - LAW IN CUSTODY CIVIL TERM 2 -0. x rn03 M =;:a f ? ?77 C= ANSWER WITH NEW MATTER 1. Admitted in part and Denied in part. It is Denied that it is settled that Jeffrey R. Berry is the biological father of Jeffrey Liam Berry because of Jeffrey R. Berry's f^.'i rn continuing refusal to confirm that matter through paternity testing. The rest of paragraph (1) is Admitted. 2a. Denied as written. b. Admitted C. Admitted in part and Denied in part. It is admitted that one of three phone numbers, the business number, was discontinued because the business was closed. It is Denied that Ms. Raudabaugh could not be reached by Petitioner because he still had her home phone number and her cell phone number. d. Denied and strict proof thereof is demanded at hearing. e. Denied and strict proof thereof is demanded at hearing. £ Admitted in part and Denied in part. It is admitted that the Current Order directs C-N o r-- --+o -n CD -n that the exercise of partial custody by Jeffrey R. Berry requires Ms. Raudabaugh's agreement (and thereby her approval). The rest of this lettered (sic.) paragraph is Denied and strict proof thereof is demanded at hearing. g. Denied and strict proof thereof is demanded at hearing. h. Denied. And should further answer be required, the Current Order specifically allows only such partial custody as is agreed upon by Ms. Raudabaugh. i. This paragraph is a conclusion of law to which no response is required. However, should further answer be required, this paragraph is Denied. Ms. Raudabaugh is the primary physical custodian. Therefore, in the absence of agreement, there is no partial custody period and the child remains with the primary physical custodian. j. Denied. See answer to "lettered" (sic.) paragraph (i) above. k. Denied and strict proof thereof is demanded at hearing. Should further answer be required, Ms. Raudabaugh makes all such decisions in the best interests of the child. 1. Admitted in part. Ms. Raudabaugh has consistently tried to expand Petitioner's time with the child subject to maintaining the necessary supervision and subject to the first priority being the best interests of the child. That has resulted, in the past, with some instances of relaxed partial custody provisions that in hindsight were too relaxed because they failed to provide the necessary supervision and/or were not in the best interests of the child. M. Denied. Ms. Raudabaugh has never agreed to unsupervised partial custody of Jeffrey Liam Berry by Jeffrey R. Berry. Jeffrey R. Berry's defiance of this clearly set forth provision, after receiving the child for a partial custody period, is one of a number of reasons for the necessity of more effective controls in agreements for subsequent partial custody period requests. n. Admitted in part and Denied in part. It is admitted that this has been tried. To the extent that Petitioner is suggesting that this suggests expanded custody, it is Denied. This was tried and because of Petitioner's actions, it failed. o. Denied. Ms. Raudabaugh's reasons for her position, at any time in the history of this case, have been exhaustively explained to Petitioner and his attorneys. Indeed, Petitioner's lettered "o" paragraph is in a petition filed March 18, 2011 with Petitioner's attorney in prior-possession of undersigned counsel's letter dated February 8, 2011 which re-iterated, again, Ms. Raudabaugh's very reasonable position. P. Denied as characterized. To the extent that further answer is required, Petitioner can remove all doubt, at his convenience, by submitting to paternity testing. q. Respondent does not possess sufficient facts to either confirm nor deny this allegation. Therefore, strict proof thereof is demanded at hearing. Should further answer be required, Ms. Raudabaugh has consistently maintained that it is in Jeffrey Liam Berry's best interests that Jeffrey R. Berry confirm his claim to fatherhood with paternity testing. r. Admitted in part and Denied in part. It is admitted that the primary custodian has some duty to the partial custodians. However, the implication in Petitioner's paragraph that this duty supersedes the higher duty of the best interests of the child is Denied. S. Denied and strict proof thereof is demanded at hearing. t. Admitted in part and Denied in part. It is admitted that a child should have a meaningful relationship with his father, if such is in the best interests of the child. However, the implication in Petitioner's paragraph that Petitioner is best suited to make decisions in this regard is Denied, and, until properly confirmed, the implication that Jeffrey R. Berry actually is the biological father is also Denied. U. Denied and strict proof thereof is demanded at hearing. NEW MATTER - PRELIMINARY OBJECTION 3. Paragraphs one (1) through two (2) are hereby incorporated as if fully set forth. 4. Lack of agreement by the Primary Custodian to proposed partial custody exercise that is not in the best interests of the child is envisioned in and allowed by the Current Custody Order. 5. Lack of agreement, when the Order specifies that agreement is a necessary condition to a partial custody period, is part and parcel of compliance with the Order. It is most certainly not defiance of a provision of the Order. 6. Accordingly, Petitioner has failed to state a cognizable claim in his petition for contempt. WHEREFORE, Respondent, Juanita Raudabaugh respectfully requests that this Honorable Court QUASH petitioner's petition for contempt for failure to state a cognizable claim. NEW MATTER - ATTORNEY'S FEES 7. Paragraphs one (1) through six (6) are hereby incorporated as if fully set forth. 8. Petitioner/Defendant's conduct has been obdurate and vexatious in that he has refused to read, listen to, or understand repeated communications that clearly set forth Respondent/Plaintiff's position regarding partial custody periods under the Current Order. 9. Petitioner's conduct has culminated in a baseless petition for contempt when the facts are that Petitioner was the party in contempt of the current order by his actions that defied both the supervision and agreement portions of the Current Order through unsupervised partial custody, subjecting the child to unsafe conditions in various vehicles including unlicensed driver (Jeffrey R. Berry himself), lack of suitable child safety seat and lack of helmet/lack of safe operating area for 4-wheeler side-quad, and through generating fear in the child by talk of absconding with same to a place where the Primary Custodian could not find him. 10. Defending against the petition for contempt has resulted in a large financial burden because of associated legal fees. 11. Accordingly, Juanita Raudabaugh has acquired attorney's fees and other costs in time and emotional distress by having to defend against allegations that Petitioner knows are false. WHEREFORE, Respondent, Juanita Raudabaugh respectfully requests that this Honorable Court award her attorney fees for the defense of the petition for contempt. Respectfully Submitted, LAW OFFICE OF DIRK BERRY, ESQ. Dirk E. Berry, Esquire Attorney for Natural Mother/Respondent 44 S. Hanover Street Carlisle, PA 17013 (717) 243-4448 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 unworn falsification to authorities. 2O// Date JUANITA RAUDABAUGH JUANITA B. RAUDABAUGH PLAINTIFF V. LINDA C. GABEL and JEFFREY R. BERRY DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 4151 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day Respondent's Answer with New Matter was served by First Class Mail, postage pre-paid, upon the following person: Bryant Harmon, Esquire 10 Winslow Drive Hammonton NJ 08037 Date: _ G _ /1 /-'111 Dirk E. Berry, Esquire Attorney for Respondent 44 S. Hanover St. Carlisle, PA 17013 (717) 243-4448 vzj JUANITA B. RAUDABAUGH, Plaintiff V. LINDA C. GABEL AND JEFFREY R. BERRY, Defendants Prior Judge: M.L. Ebert, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4151 CIVIL ACTION LAW C-3 c P, d `a z := MCD IN CUSTODY -C-0 r- cn r- _.. ORDER OF COURT C., AND NOW this k 2) day of July 2011, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: C? n ? C7 -.; ni 1. The instant Order replaces all prior Orders entered in this matter. By agreement of the parties, Grandmother's New Matter in her Answer is hereby withdrawn and DISMISSED; furthermore, Father's contempt petition is hereby DISMISSED without prejudice. 2. Leizal Custody: The Grandmother, Juanita Raudabaugh, the Mother, Linda Gabel, and the Father, Jeffrey Berry, shall share legal custody of Jeffrey Liam Berry, born 08/30/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parties. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other parties within such reasonable time as to make the records and information of reasonable use to the other parties. 3. Physical Custody: Grandmother shall have primary physical custody of the Child subject to the parents' physical custody as follows: a. Grandmother and Mother shall arrange physical custody by agreement of the parties. It has been agreed upon that Mother periods of custody shall be liberal and frequent. The parties have agreed to arrange for a transition of custody back into Mother's care by increased periods of custody with Mother. b. Until the status conference at the end of July, Father shall have liberal day visits here in Pennsylvania. It is understood and agreed upon for now that in regard to these day visits, paternal grandfather, Bruce Berry, shall accompany Father and be present for the visits. In the alternative, Father may have the day visits at Mother's residence with her or her husband present. Additionally, Father may have multi-day visits here in Pennsylvania including overnights with Jeffrey. In regard to the overnight visits, maternal grandmother, Pat Berry, or some other mutually agreeable person shall also be in attendance. Until further Order of Court, the Child shall not be transported out of Pennsylvania for Father's custodial periods. C. The Child shall be transported by a validly licensed driver and appropriate child seat restraints shall be used at all times. d. No party to this action, or any other third party, shall smoke in the presence of the Child. e. Father shall have physical custody of the Child at such other times and under other circumstances as the parties may mutually agree. 4. The non-custodial parties shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parties shall arrange the holiday schedule as mutually agreed upon. 6. No party to this action may say or do anything nor permit a third party to do or say anything that may estrange the Child from any other party, or injure the opinion of the Child as to the other parties, or may hamper the free and natural development of the Child's love or affection for the other parties. To the extent possible, the parties shall not allow third parties to disparage the other parties in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. A status conference is hereby scheduled for July 22, 2011 at 10:00 am at the Court of Common Pleas, Carlisle, PA 17013 with the assigned conciliator. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, J. Distribution: Dirk Berry, Esq. 44 S. Hanover St., Carlisle, PA 17013 ? Bryant Harmon, Esq., 10 Winslow Dr., Hammonton, NJ 08037 ,/Thomas Gould, Esq., 2 East Main St., Shiremanstown, PA 17011 [o? John J. Mangan, Esquire OoPles 1, III3+11 a b JUANITA B. RAUDABAUGH, Plaintiff V. LINDA C. GABEL AND JEFFREY R. BERRY, Defendants Prior Judge: M.L. Ebert, J. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4151 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jeffrey Liam Berry 08/30/2004 Primary Grandmother Date 2. A stipulated Order of Court was issued November 19, 2007. A Conciliation Conference was held with regard to this matter on May 27, 2011 pursuant to Father's Petition for Modification and Contempt with the following individuals in attendance: The Grandmother, Juanita Raudabaugh, with her counsel, Dirk Berry, Esq. The Mother, Linda Gabel, with her counsel, Thomas Gould, Esq. The Father, Jeffrey Berry, did not appear, but represented by Bryant Harmon, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Due to the fact that Father was unavailable for the conference, the parties agreed to revisit this issue at the end of July. It is the intention of the parties to transition Jeffrey back into Mother's care as well as to re-establish Father's relationship with his son with expanded periods of time. 7/cO/ John J. gan, Esquire Custo y onciliator w JUANITA B. RAUDABAUGH, Plaintiff V. LINDA C. GABEL AND JEFFREY R. BERRY, Defendants Prior Judge: M.L. Ebert, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4151 IN CUSTODY ORDER OF COURT CIVIL ACTION LAA -r73 rn W v? A 0 x ate, cn rYt u? ?-t CD ?=-rt ?rn oC3 zz fl c-a -n :Z"ri 5 rat AND NOW this I P day of September 2011, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The instant Order replaces all prior Orders entered in this matter. 2. Legal Custody: The Mother, Linda Gabel shall have legal custody of Jeffrey Liam Berry, born 08/30/2004. The Mother shall have the right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. However, pursuant to the terms of 23 Pa.C.S. §5309, Father and Mother shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parties. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other parties within such reasonable time as to make the records and information of reasonable use to the other parties. Physical Custody: The Mother, Linda Gabel, shall have physical custody of the Child. 4. The Child shall be transported by a validly licensed driver and appropriate child seat restraints shall be used at all times. 5. No party to this action, or any other third party, shall smoke in the presence of the Child. 6. The non-custodial parties shall have liberal telephone contact with the Child on a reasonable basis. Any communication between the parties shall pertain to custodial matters. 7. Holidays: The parties shall arrange the holiday schedule as mutually agreed upon. No party to this action may say or do anything nor permit a third party to do or say anything that may estrange the Child from any other party, or injure the opinion of the Child as to the other parties, or may hamper the free and natural development of the Child's love or affection for the other parties. To the extent possible, the parties shall not allow third parties to disparage the other parties in the presence of the Child. v z 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: ? Dirk Berry, Esq. 44 S. Hanover St., Carlisle, PA 17013 ? Bryant Harmon, Esq., 10 Winslow Dr., Hammonton, NJ 08037 v Thomas Gould, Esq., 2 East Main St., Shiremanstown, PA 17011 V John J. Mangan, Esquire les mailed By the Court, JUANITA B. RAUDABAUGH, Plaintiff V. LINDA C. GABEL AND JEFFREY R. BERRY, Defendants Prior Judge: M.L. Ebert, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4151 CIVIL ACTION LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jeffrey Liam Berry 08/30/2004 Primary Grandmother 2. A stipulated Order of Court was issued November 19, 2007. A Conciliation Conference was held with regard to this matter on May 27, 2011 pursuant to Father's Petition for Modification and Contempt, an Order issued July 13, 2011 and a conference was held August 09, 2011 with the following individuals in attendance: The Grandmother, Juanita Raudabaugh, with her counsel, Dirk Berry, Esq. The Mother, Linda Gabel, with her counsel, Thomas Gould, Esq. The Father, Jeffrey Berry, with his counsel, Bryant Harmon, Esq. 3. Intentions of the parties: All parties have agreed that it is in the Child's best interest to maintain regular meaningful contact with both maternal and paternal grandparents, in particular Juanita Raudabaugh. No party to this action shall alienate or prevent contact between the subject Child and the grandparents. The parties have agreed that the parties shall alternate and share custodial time with the Child amongst themselves for the holidays. Mother indicates that she will not prevent Father from seeing the Child and will informally arrange visitation/custody with Father as long as it is in the Child's best interest. Maternal grandmother objects to Father having any specified periods of custody in the Court Order. Father indicates that he is slightly apprehensive about moving forward without specified periods of custody, but is willing to work with the parties, specifically Mother, in order to re-establish his relationship with his Child. Father indicates that he simply wants to see his son and is willing to informally make arrangements to see his son. In the event the parties are unable to resolve their differences, nothing in the Court Order shall prevent any party from petitioning the Court for determination. 4. The parties agreed to the entry of an Order in the form as attached. Date Jo angan, Es re usto y Concil' or