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HomeMy WebLinkAbout03-6267JOSEPH L. RADLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : : NUMBER: LORI K. RADLE, : Defendant : CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, JOSEPH L. RADLE, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is JOSEPH L. RADLE, who currently resides at 913 Lakewood Drive, Harrisburg, County of Dauphin, Pennsylvania. 2. Defendant is LORI K. RADLE, who currently resides at 154 Cedar Lane, Carlisle, County of Cumberland, Pennsylvania. 3. Plaintiff seeks to have rights of shared physical and legal custody with respect to ANTHONY JOSEPH RADLE, born June 21, 1994. The child was not born out of wedlock. The child is presently in the custody of Defendant, LORI K. RADLE. During the past five years the children have resided with the following persons and at the following addresses: from June, 1998, until December, 2001, with both parents at 3700 Spring Road, Carlisle, Pennsylvaia; from December, 2001, until January 25, 2002, with both parents at 32 Betty Lee Place, Newport News, Virginia; from January 25, 2002, until February 27, 2002, with Plaintiff at 913 Lakewood Drive, Harrisburg, Pennsylvania; from February 27, 2002, until September, 2003, with both parents in Cumberland County, Pennsylvania; from September, 2003, until the present with Defendant at 154 Cedar Lane, Carlisle, Pennsylvania. The mother of the child is LORI K. RADLE, who currently resides at 154 Cedar Lane, Carlisle, Pennsylvania. She is married. The father of the child is ,JOSEPH L. RADLE, who currently resides at 913 Lakewood Drive, Harrisburg, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with his parents, `james and Vicki Radle. 5. The relationship of the Defendant to the child is that of mother. She currently resides with the child. 6. The Plaintiff has participated in litigation concerning the custody of the child in the Court of Common Pleas of Dauphin County, Pennsylvania. See attached Order of Court of February 27, 2002. The Plaintiff has withdrawn his Motion to Amend Custody Order filed in the Court of Common Pleas of Dauphin County, Pennsylvania. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by confirming rights of shared physical and legal custody in Plaintiff because Plaintiff has been denied access to the subject minor child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order confirming rights of shared physical and legal custody in Plaintiff. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff JOSEPH L~ RADLE, Plaintiff vs. LORI K. PJtDLE, Defendant IN THE COURT OF COMMON. PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 447 CV 2002 IN CUSTODY ORDER OF COURT · AND NOW, to wit this~ day of ~ , 2002, the parties and their respective counsel, having appeared for a custody conference on February 25, 2002, before Judith A. Calkin, Esquire, and having reached agreement with regards to the best interest and welfare of their minor children, it is hereby ORDERED AND DECREED as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of Amber, born December 9, 1985 and Anthony, born June 21, 1994 The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing after discussion and consultation toward obtaining and following shall be made by them jointly, with each other, with a view a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical'custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2~h~une, 2002, Amber will be in~f the mother, During this time period each parent will have both children for two weekdays from after school until 8:00 p.m. The parents will alterante the weekends from ~'~ ~'.~.~ ~id father wzll have ~ ~ry' S%~my-~m~ 1:00 3. Beginning in June, 2002, both children will be in the primary custody of mother and father will see both for two evenings a week and on the weekend schedule as outlined ~ove. He may have more overnights as agreed to by the parties.  . The parents will share the holidays at mutually times. . Th~ p~nto will share the transportation. __ 6. Father shall have custody on Fathers's D~y and Mother shall have custody on Mother's Day. 7. Both parents are entitled to two (2) weeks of uninterrupted custody during the summer. It is understood that a week is defined as seven (7) days which must include the parent's regularly scheduled custodial weekend. Each parent shall provide the other with thirty ~ ~3-~-~, ._~y~ notice of his/her intention to exercise the extended custody period. 8. The holiday schedule shall take precedence over the regular custody schedule. 9. During any period of custody or visitation the arties to this order shall not possess or use any controlled substance, neither shall they consume 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 prohibition. 10. Each parent shall be entitled to reasonable telephone contact with the children when they are in the custody of the other parent. 11. Neither parent shall permanently relocate if the relocations would necessitate a change in the visitation schedule or if the relocation would exceed a fifty (50) mile radius without a minimum notice of sixty (60) days to th~ other parent.~~ The ~0) day notice is designed to afford the parents an opportunitY to--------~ renegotiate the custodial arrangements or to have the matter listed/ ~Court hearl~/ 12. Both parents shall refrain from making derogatory comments about the other parent in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children. 13. It is understood and stipulated by the parents that upon mutual agreement an expanded or altered schedule may be agreed between the parents for and in the best interests of the children. BY THE COURT: Jo JOSEPH L. RADLE : IN ']?HE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 03-6267 CIVIL ACTION LAW LORI K. RADLE : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, December 09, 2003 ~ upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, January 12, 2004 at 9:00 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. All children age five or older may also be present at the conference. Failure to appear at fl~e 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: ~si Melissa P. Greevy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TttE 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 ~NYAq~NN~d ~JNROO Ot,~W38~P,O JAN 2 9 2004 JOSEPH L. RADLE, Plaintiff V. LORI K. RADLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6267 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this Ollr'~ day of February, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Le(3al Custody. The parties, Joseph L. Radle and Lori K. Radle, shall have shared legal custody of the minor child, Anthony Joseph Radle, bom June 21,1 1994. Each parent shall have an equal right, to be exemised jointly with the other parent, 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 Pa. C. S. {}5309, each parent 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 parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. During the school year, Mother will have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Each Monday evening from 6:30 p.m. to 8:30 p.m. B. Effective January 30, 2004, on alternating weekends from Friday after Karate lessons until Sunday at 8:00 p.m. 3. During the Summer, effective June 14, 2004, Father will have custody Monday morning through Wednesday at 4:30 p.m. and on alternating weekends, to commence June 18, 2004 from Friday at 7:00 p.m. until Wednesday at 4:30 p.m. Father shall be responsible for arranging for the child's transportation to athletic and sports practice on Mondays, Tuesdays and Wednesdays. While Mother is working on Thursdays and Fridays, Mother shall be responsible for making arrangements for transportation to the child's sports activities and any daycare arrangements that may be necessary for Thursdays and Fridays. On Mother's custodial weekend, her time will commence on Wednesday after work and continue until Monday morning. NO. 03-6267 CIVIL TERM 3. Transportation. Transportation on Friday evening custodial exchanges shall be provided by Father, his parents or his cousin, Dusty. At the commencement of Mother's custodial periods, she shall provide transportation and the custodial exchange shall occur through curbside exchange at the home of the paternal grandparents during which time Mother will remain in the car and Father will see to it that the child is ready promptly for Mother's arrival. 4. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 5. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 6. Holidays. The following holiday schedule shall supersede the regular schedule: A, Alternatin~ Holidays. Commencing with Father having custody for Memorial Day 2004, the parties will alternate the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, and Thanksgiving. each year. Easter. Mother shall have custody for Easter until 2:00 p.m. C. Christmas. Christmas shall be divided into two (2) segments, Segment A and Segment B. Segment A shall be from December 24th at 8:00 p.m. until December 25t~ at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 27th at 5:00 p.m. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. Father shall have custody for the annual family Christmas party which occurs the Saturday preceding Christmas Eve each year. Mother shall have custody for the traditional Christmas caroling event which occurs on a Sunday in early December. D. Mother's Day / Father's Day. Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. NO. 03-6267 CIVIL TERM 8. Child's Birthday. For the child's birthday in 2004, Father shall have custody during Mother's workday. Mother will have custody after work. In subsequent years, the parties shall cooperate to ensure that A.J. has time with both parents on his birthday in consideration of their respective work schedules, 9. Pending hearing or an agreement of the parties, during Father's custodial weekends, if A.J. requests to attend chumh Father will take him to church. In the event that Father has custodial time with A.J. on the third Sunday of the month, Father will take A.J. to church. In any event, Father will take A.J. to church on one (1) Sunday during his period of custody each calendar month. 10. Vacation. Each parent shall be entitled to two (2) seven (7) day blocks of custodial time for purposes of Summer vacation, which may or may not be consecutive. The parties will provide each other with notice of their intended vacations by May 31st of each year. In the event that the parties have scheduled conflicting vacations, the parent first providing written notice to the other parent of their proposed plans shall have choice of the vacation time. 11. A hearing i_s ~heduled in (~,ourtroom Number ~__ of the Cumberland C,ounty Courthouse, on the l~u~ day of .~L~L~'w' , 2004, at .~ ',OO oclock F' .M., at which time testimony will be taken. For~e purposes of the hearing, the Mother, Lori K. Radle, shall be deemed to be the moving party and shall proceed initially with testimony. The hearing shall be limited to the issues of whether (a) the Father shall be required to relinquish pads of his custodial weekends to allow Mother to take the child to church; or (b) whether the Father will be required to take the child to church during his custodial weekends. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are 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. Dist: Charles E. Petde, Esquire, 3528 Brisban Street, Harrisburg, PA 17111 Sean M. Shultz, Esquire, 19 Brookwood Avenue, Suite 106, Carlisle, PA 17013-9142 JOSEPH L. RADLE, Plaintiff : V. LORI K. RADLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6267 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 Anthony Joseph Radle DATE OF BIRTH June 21, 1994 CURRENTLY IN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was held on January 27, 2004 following Father's filing of a Complaint for Custody on December 2, 2003. Present for the conference were: the Father, Joseph L. Radle, and his counsel, Charles E. Petrie, Esquire; the Mother, Lori K. Radle, and her counsel, Sean M. Shultz, Esquire. 3. The parties worked patiently and diligently in the Custody Conciliation and resolved all but one issue which has been reserved for a brief hearing before the Court. It is expected that this headng will take no more than two (2) hours. The issue upon which the parents differ is that of church attendance for the minor child. As a temporary interim plan, the parties have made a compromise regarding church attendance that will be in place only pending hearing or an agreement of the parties. The compromise is as follows: Father will take the child to church upon his request. If Father has the child on the third Sunday of the month, he will take the child to church and if he does not have custody on the third Sunday of the month, he will take the child to church on one of the two Sundays during which he has custody during a calendar month. In all other respects, the Order attached hereto reflects and agreement of the parties. 4. Mother's position on the church attendance is that the child should attend church each Sunday. She strongly believes that because the parties recently made a commitment at the time of the child's First Communion that he would be raised within the church, that he should attend church each week. For this purpose, she seeks either a requirement that Father have the child attend church during his custodial weekend, or return NO. 03-6267 CIVIL TERM the child to her for a portion of his custodial weekend so that she may take him to church. Mother resides in Carlisle. Father resides in Harrisburg. Date 5. Father's position regarding the child's church attendance is as follows: First, he assures that if the child requests to go to church, he will take him to church. Under that scenario, Father sees it as his duty to do so. However, Father also feels strongly that Mother should not be able to dictate that he should do so during his custodial period. Father does not object to the child attending church when the child is in Mother's custody. ? Custody Conciliator :223615 JOSEPH L. RADLE, PLAINTIFF V. LORI K. RADLE, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03-6267 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of February, 2004, a hearing on the issue of whether: (a) the father shall be required to relinquish parts of his custodial weekends to allow the mother to take the child to church; or (b) the father will be required to take the child to church during his custodial weekends shall commence at 3:00 p.m., Monday, March 22, 2004, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Edgar B. Bayley, J. Chades E. Petrie, Esquire For Plaintiff Sean M. Shultz, Esquire For Defendant :sal JOSEPH L. RADLE, PLAINTIFF V. LORI K. RADLE, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03-6267 CIVIL TERM ORDER OF COURT' AND NOW, this 23rd day of March, 2004, this matter having been called for a hearing to resolve one issue to which the parents could not agree, that being whether the father should be required to have the parties' son attend Sunday school and chumh on Sundays when he has partial custody, and our now resolving that issue by directing that it shall be within the father's discretion as to whether the son attends church and Sunday school during his periods of temporary physical custody, IT IS ORDERED: (1) Legal Custody. Joseph L. Radle and Lori K. Radle, shall have shared legal custody of Anthony Joseph Radle, born June 21, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to rnake all major non-emergency decisions affecting the child's general well-being including, but not limited to all decisions regarding his health and education. Pursuant to the terms of Pa.C.S. § 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, school, and the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. (2) Physical Custody. During the school year, rnother will have primary physical custody subject to father's rights of partial custody which shall be as follows: (a) Each Monday evening from 6:30 p.m. to 8:30 p.m. (b) On alternating weekends from Friday after karate lessons until Sunday at 8:00 p.m. (3) During the summer, effective June 14, 2004, father will have Anthony Monday morning through Wednesday at 4:30 p.m. and on alternating weekends, to commence June 18, 2004 from Friday at 7:00 p.m. until Wednesday at 4:30 p.m. Father shall be responsible for arranging for the child's transportation to athletic and sports practice on Mondays, Tuesdays and Wednesdays. While mother is working on Thursdays and Fridays, mother shall be responsible for making arrangements for transportation to the child's sports activities and any daycare arrangements that may be necessary for Thursdays and Fridays. On mother's custodial weekend, her time will commence on Wednesday after work and continue until Monday morning. (4) Transportation. Transportation on Friday evening custodial exchanges shall be provided by father, his parents or his cousin, Dusty. At the commencement of mother's custodial periods, she shall provide transportation and the custodial exchange shall occur through curbside exchange at the home of the paternal grandparents during which time mother will remain in the car and father will see to it that the child is ready promptly for mother's arrival. (5) During any period of custody or visitation the parents shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with ~lhis prohibition. (6) Neither parent shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. (7) Holidays. The following holiday schedule shall supersede the regular schedule: (a) Alternating Holidays. Commencing with father having custody for Memorial Day 2004, the parents will alternate the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day and Thanksgiving. (b) Easter. Mother shall have Anthony for Easter until 2:00 p.m. each year. (c) Christmas. Christmas shall be divid~,~d into two segments, Segment A and Segment B. Segment A shall be from Dec,ember 24th at 8:00 p.m. until December 25th at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 27th at 5:00 p.m. In even-numbered years, father shall have Segment A and mother shall have Segment B. In odd-numbered years, mother shall have Segment A and father shall have Segment B. Father shall have Anthony for the annual family Christmas party which occurs the Saturday preceding Christmas Eve each year. Mother slhall have Anthony for the traditional Christmas caroling event which occum on a Sunday in early December. (d) Mother's Day/Father's Day. Mother shall have Anthony for Mother's Day. Father shall have him for Father's Day. (8) Child's Birthday. For Anthony's birthday in 2004, father shall have him during mother's workday. Mother will have him after work. In subsequent years, the parents shall cooperate to ensure that Anthony has time with both parents on his birthday in consideration of their respective work schedules. (9) Vacation. Each parent shall be entitled to two seven-day blocks of custodial time for purposes of summer vacation, which may or may not be consecutive. The parties will provide each other with notice of their intended vacations by May 31 st of each year. In the event that the parties have scheduled conflicting vacations, the parent first providing written notice to the other parent of their proposed plans shall have choice of the vacation time. ~;hades E. Petrie, Esquire For Plaintiff ,~Sean M. Shultz, Esquire For Defendant :sal Edgar B. Bayley, J. IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH L. RADLE, Plaintiff/Respondent V. LORI K. RADLE, Defendant/Petitioner No. 03-6267 CIVIL TERM IN CUSTODY CW1L ACTION - LAW _PETITION TO MODIFY CUSTODY AND NOW, this I'(n'day of May, 2004, comes the Petitioner, LORI K. RADLE, by and through her attorneys, Hanft & Knight, P.C., and flies the following Petition to Modify Custody and in support thereof avers as follows: 1. The Petitioner is LORI K. RADLE, an adult individual residing at 154 Cedar Lane, Carlisle, Cumberland Cotmty, Pennsylvania 17013. 2. The Respondent is JOSEPH L. RADLE, an adult individual with a mailing address of 913 Lakewood Drive, Harrisburg, Dauphin County, Pennsylvania 17109. 3. Petitioner seeks a modification of the Order of Com't dated March 23, 2004, a copy of which is attached hereto and made a part hereof and is marked as Exhibit "A." 4. Petitioner seeks modification of the custody of the following child: Name present Residence Age Anthony Joseph Radle 154 Cedar Lane 9 (IX)B 06/21/94) Carlisle, Pennsylvania 17013 The child was not born out of wedlock. The child is presently in the physical custody of the Petitioner. In addition to the child's present address, during the past five years, the child has resided with the following persons at the following addresses: Address 3700 Spring Road Carlisle, Pennsylvania 32 Betty Lee Place Newport News, Virginia 913 Lakewood Drive Harrisburg, Pennsylvania Cumberland County 154 Cedar Lane Carlisle, Pennsylvania NaiTle Both parents Both parents Joseph L. Radle, James & Vicki Radle Both parents Lori K. Radle Dates 06/1998- 12/2001 12/2001-01/25/2002 01/25/2002 - 02/27/2002 2/27/2002 - 09/2003 09/2003 - present The mother of the child is the Petitioner, Lori K. Radle, with a current mailing address of 154 Cedar Lane, Carlisle, Cumberland County, Pennsylvania 17013. The father of the child is the Respondent, Joseph L. Radle, wino resides at 913 Lakewood Drive, Harrisburg, Dauphin County, Pennsylvania 17109. 5. The relationship of Petitioner to the child is that of mother. She is married to the Respondent. The Petitioner currently resides the child. 6. The relationship of the Respondent to the child is that of father. He is married to the Petitioner. The Respondent currently resides with the parties' other emancipated child, Amber Nicole Radle, and the child's paternal grandparents, James and Vicki Radle. 7. The Petitioner has previously participated in litigation concerning custody of the above- named child in this Court at the above-referenced docket. An Order of Court was entered on March 23, 2004. Said Order is cited in Paragraph 3 above and is attached hereto as Exhibit,,A,, and by reference incorporated herein. The Petitioner has no knowledge of any custodyproceedings concerning the custody of the child pending before this or any other Court. The Petitioner does not know o fa person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The best interests and permanent welfare of the child will be met if the Custody Order is modified because: a) The Petitioner is a fit parent who can best take care of her child; b) The Petitioner can provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) The Petitioner is, and has always been, willing to accept custody of the child; d) The Petitioner continues to exercise parental duties and responsibilities and enjoys the love and affection of the child; and e) A Temporary Protection from Abuse Order was entered on March 29, 2004, in Dauphin Cotmty at Docket Number 2004-CV- 1334 ab. against Respondent, a copy of which is attached hereto and made a part hereof and is marked as Exhibit "B." At the hearing on said order on April 23, 2004, said order, with modifications by agreement of the parties, was entered as a continuing order until December 22, 2004. f) On multiple occasions, the parties have been unable to agree on times for custody transfers where such times are not specified in the Custody Order. g) Respondent continues to have behavioral problems and is presently seeing a neurologist. h) The Respondent refuses to consider the best interests of the child, and at the end of his custodial weekends, transfers custodyofthe child to the Petitioner without having the child complete his school work for the weekend. Petitioner and the child are then forced to stay up late on Sunday nights to complete the school work. 9. Each parent whose parental rights to the child have., not been terminated and the person who has physical custody of the child have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child. WHEREFORE, the Petitioner respectfullyrequests Your Honorable Court modify the Custody Order dated March 23, 2004. Respectfully submitted, HANFT & KNIGHT, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-51373 Attorneys for Petitioner Verification I verify that the statements made in the foregoing Petition to Modify Custody are true and correct to the best of my knowledge, information and belief. This Verification is made only as to the factual averments contained herein, and not to legal conclusions and averments authored by counsel in his capacity as attorney for the party or parties hereto. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. ori K. Radle EXHIBIT "A" JOSEPH L. RADLE, PLAINTIFF · IN THE COURT OF COMMON PLEAS OF CUMBER[AND COUNTY, PENNSYLVANIA : : LORI k. RADLE, DEFENDANT : 03-6267 CIVIL TERM ORDER OF COURT. AND NOW, this 23rd day of Mamh, 2004, this rnatter having been called for a headng to resolve one issue to which the parents could not agree, that being whether the father should be required to have the parties' son attend Sunday school and church on Sundays wl~en he has partial custody, and our now resolving that issue by directing that it shall be within the father's discretion as to whether the son attends church and Sunday school during his periods of temporary physical custody, IT IS ORDERED: (1) ~. Joseph L. Radle and Lori K. Radle, shall have shared legal custody of Anthony Joseph Radle, born June 21, 1994. Each parent shall have an equal right, to be exemised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to all decisions regarding his health and education. Pursuanll to the terms of Pa.C.S. § 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, school, and the residence address of the child 'and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to sl~are the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. (2) ~. During the school year, mother will have primary physical custody subject to father's rights of partial custody wh~ich shall be as follows: (a) Each Monday evening from 6:30 p.m. to 8:30 p.m. (b) On alternating weekends from Friday after karate lessons until Sunday at 8:00 p;m. (3) During the summer, effective June 14, 2004, Yather Will have Anthony Monday morning through Wednesday at 4:30 p.m. and on alternating weekends, to commence June 18, 2004 from Friday at 7:00 p.m. until Wednesday at 4:30 p.m. Father shall be responsible for arranging for the child's t~ansportation to athletic and sports practice on Mondays, Tuesdays and Wednesd~ys. While mother is working on Thursdays and Fridays, mother shall be responsible for making arrangements for transportation to the child's sports activities and any daycare arrangements that may be necessary for Thursdays and Fridays. On mother's custodial weekend, her time will commence on Wednesday after work and continue until Monday morning. (4) ~. Transportation on Friday evening custodial exchanges shall be provided by father, his parents or his cousin, Dusty. At the commencement of mother's custodial periods, she shall provide transportation and the custodial exchange shall occur through curbside exchange at the hOme of tlhe paternal grandparents during which time mother will remain in the car'and father will see to it that the child is ready promptly for mother's arrival. (5) Dudng any pedod of custody or visitation the parents shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The'parents shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. (6) Neither parent shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of'the child's love and respect for the other parent.. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. (7) Holidays. The following holiday schedule shall supersede the regular schedule: (a) ~. Commencing with father having cUstody for Memorial Day 2004, the parents will alternate the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day and Thanksgiving. (b) Easter.. Mother shall have Anthony for Easter until 2:00 p.m. each year. (c) ..Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24~ at 8:00 p.m. until December 25th at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 27th at 5:00 p.m. In even-numbered years, father shall have Segment A and mother shall have Segment B. in odd-numbered years, mother shall have Segment A and father shall have Segment B. Father shall have Anthony for the annual family Christmas party which occurs the Saturday preceding Christmas Eve each year. Mother shall have Anthony for the traditional Christmas caroling event which occurs on a Sunday in eady December. (d) Mother's Day/Father's Day. Mother' shall have Anthony for Mother's 'Day. Father shall have him for Father's Day. (8) ~. For Anthony's birthday in 2004, father shall have him during mother's workday. Mother will have him after work. In subsequent years, the parents shall cooperate to ensure that Anthony has time with both parents on his birthday in consideration of their respective work schedules. (9) Vacation. Each parent shall be entitled to two seven-day blocks of custodial time for purposes of summer vacation, which may or may not be consecutive. The parties will provide each other with notice of their intended vacations by May 31st of each year. In the event that the parties have schedule~rt conflicting vacations, the parent first providing wdtten notice to the other parent of their proposed plans shall have choice ' of the vacation time. Chades E. Petrie, Esquire For Plaintiff Sean M. Shultz, Esquire For Defendant :sal Edgar B. Bayley, J. T~UE COPY FROM RECORD In Testi~y whereof, I I~'e unto set my ~ a~j~ ~1' of.'~id ~o~,~rlide'~Pa- ~ EXHIBIT "B" Loft Kaye Radle Plaintiff Joseph Leroy Radle Defendant -- IN THE COURT OF COMMON · - PLEAS · DAUPHIN COUNTY : PE}~NSYLVANIA : : :No. 900c]- : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Joseph Leroy Radle Defendant's Date of Birth is: May 23, 1969 -~:. Defendant's Social Security Number is: 202-46-5383 Name(s) of All protected persons, including Plaintiffmad minor children: -< co 1. Lori Kaye Radle AND NOW, on 29th Day of March, 2004 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: or any other p~,manent or temporary residence where Plaintiffor any other person protected under this Order may live. Plaintiffis granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. 1. Any and all weapons and permits Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified herealter: Plaintiff - Middlesex Township Police Defendant - Lower Paxton Police 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 8. THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL SEPTEMBER 29, 2:005 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. ~6114. Consent of the Plaintiffto Defendant's return to the residence shall not invalidate this Order, whi,:h can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania (;rimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § §2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the JOSEPH L. RADLE PLAINTIFF LORI K. RADLE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6267 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 27, 2004 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Melissa p. Gree~5 Esq.~_, the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Wednesday, July 07, 2004 ~. _ at 10_2.'30 _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/nto 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: Is~ ~]/[elissa P. Gree~.Jg.E~b_ mh¢ 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. Ail 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. 11c YOU DO NOT HAVE AN ATTORNEy OR CANNOT AFFORD ONE, GO TO OR TELE. PHONE 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 JOSEPH L. RADLE, Plaintiff V, LORI K. RADLE, Defendant JU~004 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-6267 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BAYLEY, J. --- ORDER OF COURT AND NOW, this ['~-'" day of July, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order VACATES all previous Orders related to the custody of Anthony Joseph Radle, born June 21, 1994. 2. Le.qal Custody. The parties, Joseph L. Radle and Lori K. Radle, shall have shared legal custody of the minor child, Anthony Joseph R-'idle, bom June 21, 1994. Each parent shall have an equal right, to be exercised jointly willh the other parent, 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 Pa. C. S. §5309, each parent shall be entitled to all recor,rls 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 parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other paren:t. 3. Physical Custody. During the school year, Mother will have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Each Monday evening from 6:30 p.m. to 8:30 p.m. B. Effective January 30, 2004, on alternating weekends from Friday after football or Karate lessons until Sunday at 8:00 p.m. 4. During the Summer, effective June 14, 2004, Father will have custody Monday morning at 7:30 a.m. through Wednesday at 4:30 p.m. and on alternating weekends, to commence June 18, 2004 from Friday at 7:00 p.m. until Wednesday at 4:30 p.m. Father shall be responsible for arranging for the child's transportation to athletic and sports practice on Mondays, Tuesdays and Wednesdays. While Mother is working on Thursdays and Fridays, Mother shall be responsible for making arrangements for transportation to the child's sports activities and any daycare arrangements that may be necessary for Thursdays NO. 03-6267 CIVIL TERM and Fridays. On Mother's custodial weekend, her time will commence on Wednesday after work and continue until Monday morning. 5. Transportation. Counsel for the parties will look for an alternate exchange location for the Wednesday 4:30 p.m. custodial exchange. Transportation on Friday evening custodial exchanges shall be provided by Father, Amber, his parents or his cousin, Dusty. At the commencement of Mother's custodial periods, she shall provide transportation and the custodial exchange shall occur through curbside exchange at the home of the paternal grandparents during which time Mother will remain in the car and Father will see to it that the child is ready promptly for Mother's arrival. 6. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with 'this prohibition. 7. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 8. Holidays. The following holiday schedule shall supersede the regular and vacation schedule: A. Altematin Holida s. Commencing with Father having custody for Memorial Day 2004, the parties will altemate the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, and Thanksgiving. The custodial period for these holidays begins at 7:00 p.m. the day before the holiday and continues until 7:00 p.m. the day of the holiday. Commencing 2005, Mother will have custody for the Independence Day weekend fireworks in Harrisburg from 7:00 p.m. to 10:00 p.m. in odd-numbered years. Father will have custody for the Independence Day weekend firaworks in Harrisburg from 7:00 p.m. to 10:00 p.m. in even-numbered years. Fether shall have custody for the Sunday following Thanksgiving Day for the period from 7:00 p.m. until 9:00 p.m. the Monday following Thanksgiving Day each year. The child may choose whether or not to participate in hunting. B. .Easter. Mother shall have custody for Easter from 9:00 a.m. until 2:00 p.m. each year. NO. 03-6267 CIVIL TERM C. Christmas. Christmas shall be divided into two (2) segments, Segment A and Segment B. Segment A shall be from December 24th at 9:00 p.m. until December 25th at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 27th at 5:00 p.m. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. The starting time for Segment A is designed to allow Mother to have the child attend Christmas Eve church services with her. Father shall have custody for the annual family Christmas party which occurs the third Saturday of December each year, from 9:00 a.m. to 9:00 p.m. Mother shall have custody for the traditional Christmas caroling event which occurs on a Sunday in early December. If the event falls on Father's custodial weekend, Father's custodial weekend shall end with the transfer of custody to Mother on Sunday at 9:00 a.m. D. Mother's Day / Father's Day. Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. The custodial period for these holidays shall commence at 9:00 a.m. and continue until the next custodial exchange. 9. ~. Mother shall have custody of the child on his birthday for the pedod from after she gets off work until 9:00 p.m. if his birthday does not fall on one of her regular custodial days. 10. yacation. With regard to vacation, the parties will provide each other not less than one (1) month's notice of their intended vacation time. leach parent shall be entitled to two (2) seven (7) day blocks of custodial time for purposes o'I~ Summer vacation, which may or may not be consecutive. The parties will provide each other with notice of their intended vacations by May 318t of each year. In the event that the parties have scheduled conflicting vacations, the parent first providing written notice to the other parent of their proposed plans shall have choice of the vacation time. Father will have custody for purposes of Summer vacation 2004 for the period from August 5, 2004 through Au~lust 15, 2004. NO. 03-6267 CIVIL TERM 11. parent who is permitted to attend the child's sporting events, suc~as Karate Edgar B. Bayley, While the PFA is in place, the parent who has custody of the child shall be the or football. Dist: Charles E. Petrie, Esquire, 3528 Brisban Street, Harrisbu~, PA 17111 Sean M. Shultz, Esquire, 19 Brookwood Avenue, Suite 106, Carlisle, PA 17013-9142 RLED-OFF[CE OF '[HE PFOT:IOh4OTj',R'f JUL 13 /~ 8' 35 JOSEPH L. RADLE, Plaintiff LORI k. RADLE, Defendant JUL I 0 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6267 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY' REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the f~311owing report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: .NAME DATE OF BIRTH Anthony Joseph Radle June 21, 1994 .CURRENTLY IN THE CUSTODY OF Mother 2. Mother filed a Petition to Modify Custody on May 17, 2004. A Custody Conciliation Conference was held on July 7, 2004. Present for the conference were: the Father, Joseph L. Radle, and his counsel, Charles E. Petrie, Esquire; the Mother, Lori K. Radle, and her counsel, Sean M. Shultz, Esquire. 3. In addition to the agreement reflected in thE; Order attached, the parties agreed to modify a Temporary Protection from Abuse Order of June 14, 2004 docketed to No. 2004-CV-1334-AB in the Court of Common Pleas of Dauphin County, Pennsylvania. The present PFA prohibits any contact between the parties. As written, this would prohibit the parties from being able to talk about issues related to custodial exchanges, educational issues and medical issues related to the child. Counsel have agreed to seek a modification of that Order for the purpose of parental communication ,~-, ~ Date / /~ Melissa Peel Greevy, Esqu~e Custody. Conciliator :231892