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HomeMy WebLinkAbout81-4186~ - ~ IN RE: TANYA LADIKA, - TIMOTHY LADIKA and JAMES LADIKA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 4186 CIVIL 1981 IN CUSTODY ORDER OUR And now this day of ~ 1992, upon presentation and consideration o Debra L. Goodrich's Motion to Vacate Interim Custody Order, and of her desire to withdraw her petition for custody, leave is hereby granted to withdraw said petition for custody. The interim custody order of August 24, 1992, is hereby vacated, and the original order of March 22, 1982 shall continue in full force and effect. Michael L. Bangs, Esq. Samuel W. Milkes, Esq. IN RE: IN THE COURT OF COMMON PLEAS OF TANYA LADIKA, CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA and JAMES LADIRA NO. 4186 CIVIL 1981 IN CUSTODY MOTION TO VACATE INTERIM CUSTODY ORDER Debra L. Goodrich, maternal aunt of the children in question herein, says the following: 1. Debra L. Goodrich sought primary physical and legal custody of Tanya and James Ladika by her petition filed herein, and a custody conciliation conference is scheduled for September 3, 1992. 2. The teenage children have decided to remain with their maternal grandmother, and no longer desire to reside with petitioner. 3. Debra L. Goodrich desires (1) to withdraw her petition for custody, and (2) that the Court vacate its temporary custody order entered August 24, 1992 in the above matter, so that the original custody order shall continue in full force and effect. WHEREFORE, Debra L. Goodrich requests leave to withdraw the petition for custody, and requests the court vacate the temporary order of August 24, 1992. Respectfull submitted, ~~ l ~!~f Samuel Mil es, Esq. HUGANIR & JACOBSEN 22 West Pomfret Street Carlisle, PA 17013 (717)249-6272 4•n T'T~ _~ '; ^O L-"-' lot p _, N ~ ;~ ~' ~ "Ii1'_ i a.~. - . IN RE: TANYA LADIKA AND :IN THE COURT OF COMMON PLEAS OF TIMOTHY LADIKA AND :CUMBERLAND COUNTY, PENNSYLVANIA JAMES LADIKA . :NO. 4186 - CIVIL - 1981 :IN CUSTODY ORDER AND NOW, this ~~ day of September, 1992, the conciliator being advised that t e parties will be withdrawing the petition filed in the above matter, the conciliator relinquishes jurisdiction. ~ ~~ (Z DATE ubert X. G' roy, Esquire Custody Co ciliator c.!'> m^ _ j ~- .G- 0 _.a ` ~~ -<c~ F, ~ ~-~ M.. c IN RE: IN THE COURT OF COMMON PLEAS OF TANYA LADIKA, CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIRA and JAMES LADIKA N0. 4186 CIVIL 1981 IN CUSTODY AFFIDAVIT OF SERVICE I, Meg Bailey, hereby certify that on the 13th day of August, 1992, a true and correct copy of the Order of Court and Petition for Custody in the above-captioned matter was duly served upon Terry L. Hodges by depositing it in the U.S. mail, certified, restricted, postage paid pursuant to Rule 403 of the PA Rules of Civil Procedure, on the 15th day of August, 1992, the Order and petition were delivered to the address as follows: Terry L. Hodges RR. 1 Box 124A2 Tower City, PA 17980 I hereby verify that the statements made in the foregoing are true and correct. 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. ~.~ i Meg Bailey Date C a O a c C C LL Cet'~tifiied 811iaii ~ecei~i. ' No Insurance; Coverage Provide;l ~~ Do not use for mtemational Mai! „M,€~~~~,ES (See Reverse) sear t~ -.~ Terry L. H odges Street & No. RR. 1 Box 124A2 PO .State 3 ZIP Code To r Ci PA 17980 Postage .52 Certified Fee -I 1 0 0 Special Delivery Fee Restricted Delivery Fee 2.50 Return Receipt Showing to Whom & Date D d n 1. v 0 Re[um Re t Date, & d e ~ ~ TO1AL ost e A f3 ,~ Q & Fee ~p 5. 0 2 PO ~tn-~ k o a ~ ~9 ~ ~ s :. ~ '~ SENDER: ~ • Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a & b. -~°°- • Print your nE=ne and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. ' • Write "Return Receipt Requested" on the maifpiece next to ttie article number. ~ '~ ° 3. Article Addressed to: 4a. Art Terry L. Hodges P 73 1 also wish-Wt©-wreee+ae the -~ folloytjp~~fj~~+~ feel: K I z. ~'.~~~ CtSnsuft pns'fiYia'Sfer foi`fee~ "'~ °" cle Number 47 RR. 1 BOX 124A2 4b. Service Type Tower City r PA 17 9 8 0 ^ Registered ^ Insured Certified ^ COD ^ Express (v}aii ^ Return Receipt for Merchandise 7. Date of Delivery - / ~ - ~'z (Addressee) 8. Addressee's Address (Only if requestetl and fee is paid) 6. Signature (Agent) PS Form 11, October 1980 *~,S,pr~;,~2,~-as, DOMESTIC RET'~RN RECEIPT =~c ` r~? ..-- t~ ~.. f r j! ,1 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TANYA LADIKA and JAMES LADIKA CIVIL ACTION - CUSTODY N0. 4186 CIVIL 1981 ORDER OF COURT AND NOW, this 24th day of August, 1992, upon stipulation of counsel and the agreement of the parties, custody of the minor children, Tanya A. Ladika and James Ladika, shall be as follows: A. Custody of Tanya A. Ladika and James E. Ladika shall be in Debra L. Goodrich, pending further order of this court. B. Mary E. Souders shall have temporary custody of Tanya A. Ladika and James E. Ladika for purposes of visitation during one day each week, on Sunday from 10:00 a.m. to 7:00 p.m., with reasonable telephone contact at other times, and additional or other visitation as mutually agreed by the parties hereto, pending further order of this court. C. The parties will equally share transportation for the weekly periods of visitation; grandmother will pick-up children on Sunday morning and aunt will pick-up children on Sunday evening. D. The parties acknowledge that this is a temporary Order of Court and in no way affects the rights of either party to seek a change or modification to it in the future. Frederick I. Huganir, Esquire For Debra L. Goodrich Michael J3angs, ~squlre For Mary E. Souders ~ ~~~Qot ~~z~~ j~ z By the Court, IN RE: TANYA LADIRA, TIMOTHY LADIRA and JAMES LADIKA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 4186 CIVIL 1981 IN CUSTODY ACCEPTANCE OF SERVICE I accept service of the Petition for Custody filed July 29, 1992 on behalf of Respondent, Mary E. Souders, and certify that I am authorized to do so. ~ ,, ~ ,, r ~~ ~~~~ ~~ ~~~ ~A Michael L. Bangs, sq. ANDES, VAUGHN & BANGS 525 North 12th Street Lemoyne, PA 17043 ~--- G: c a.., ~= IN RE: : TANYA LADIKA, : TIMOTHY LADIKA and JAMES LADIKA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 4186 CIVIL 1981 IN CUSTODY ORDER OF COURT AND NOW, this ~`" 4~ day of ~~ ly 1992 upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before -I~~ {U1-~ ~ j~. ~. ~ ~l ~`'Y ~~,.~ the Conciliator, at (;.h.~~ ~ ~ v. (ci.< f- f t~~.= -'.~r- {~„v t~ ~ ~o~~- ~ on the ~ ~~-~ day of ~f-~(~ ~c-r~'~ 6~~ , 1992, at '( { :.fix= o'clock ~.m. , for a Pre- Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age c~: five or older also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order or the court may issue a warrant for your arrest. FOR THE COURT, By : ~ti~ ~ ~p ~~z Custody Conci-iator YOUR SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 IN RE: IN THE COURT OF COMMON PLEAS OF TANYA LADIKA, CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA and JAMES LADIRA N0. 4186 CIVIL 1981 IN CUSTODY PETITION FOR CUSTODY 1. The Petitioner is Debra L. Goodrich residing at 2305 Stumpstown Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondents are: Terry L. Hodges, RR. 1 Box 124A2, Tower City, Pennsylvania. Mary E. Souders residing at 132$ Oak Lane, New Cumberland, Cumberland County, Pennsylvania. 3. Petitioner seeks legal and primary physical custody of James Edward Ladika, age 12, date of birth January 24, 1980 and Tanya Ann Ladika, age 14, date of birth September 23, 1977, who are currently residing with the Petitioner at 2305 Stumgstown Road, Mechanicsburg, Cumberland County, Pennsylvania. The children were not born out of wedlock. The children are presently in the custody of Petitioner, who resides at 2305 Stumpstown Road, Mechanicsburg, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: From April 15, 1992 to present at 2305 Stumpstown Road, Mechanicsburg, Cumberland County, Pennsylvania with the following persons: Debra L. Goodrich, Petitioner and children's maternal aunt Carey C. Goodrich, children's uncle and Petitioner's husband Shawn M. Goodrich, children's cousin Karen Y. Goodrich, children's cousin Kelly K. Goodrich, children's cousin Katie R. Goodrich, children's cousin Except as described below, from March 22, 1982 until April 15, 1992 at 1328 Oak Lane, New Cumberland, Cumberland County with the following person: Mary E. Souders, Respondent and children's grandmother. From January 14 until November 25, 1991 Tanya resided at the Milton Hershey orphans school, where Mary Souders placed her on a permanent basis. On November 25, 1991, Tanya was expelled from the school and returned to reside with Mary Souders. The mother of the children is Terry L. Hodges residing at RR. 1 Box 124A2, Tower City, Pennsylvania. She is married to Mr. Hodges. The father of the child is James Ladika, deceased since 1985. The parents of the children were divorced at the time of the father's death. 4. The relationship of Petitioner to the child is that of maternal aunt. The Petitioner currently resides with the following persons: Tanya A. James E. Carey C. Shawn M. Karen Y. Kelly K. Katie R. Ladika, Ladika, Goodrich, Goodrich, Goodrich, Goodrich, Goodrich, niece nephew husband son daughter daughter daughter 5. The relationships of the Respondents to the children are: Grandmother (Mary E. Souders), who resides alone. Mother (Terry L. Hodges), who resides with her husband and Timothy A. Ladika, son, born May 9, 1975, and three other infant children of her own. 6. Petitioner is a party in a juvenile dependency matter concerning the children at 88A and 88B Juvenile 1989 currently before this Court, by which this court has placed care and custody of the children in the Petitioner. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, other than the children's services agency and the guardian ad litem in the juvenile dependency proceeding. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because the children's mother desires that they be placed with Petitioner and the children themselves desire that they be placed with Petitioner. The children also strongly desire that they be able to stay with each other. The Petitioner is best able to provide for the educational needs of the children, is best able to provide for the special behavioral needs of the children, especially considering that Tanya is under the supervision of the Cumberland County Probation Office because of an assault charge stemming from a fight at school when she was purportedly under the care and control of her grandmother, and the children have improved in all respects since custody was vested by order with the Goodrich family. Furthermore, Respondent Souders is unable to properly provide for the emotional needs of the children, does not provide a nurturing environment, and her age and physical condition impinge upon her ability to provide parental supervision and control. 8. Each party whose rights to the children have not been terminated and the party who has physical custody of the children have been named as Respondents to this Petition. No other persons are known to have or claim a right to custody or visitation of the children. WHEREFORE, Petitioner requests the court to grant her legal and physical custody of Tanya Ann Ladika and James Edward Ladika. __;~ ,_.~ ~',; , .- Da a BY: Samuel W. Milkes Atty. No. 33130 Frederick I. Huganir Atty. No. 30006 HUGANIR & JACOBSEN 22 West Pomfret Street Carlisle, PA 17013 Co-counsel for the Petitioner 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. Section 4904 relating to unsworn falsification to authorities. Date Debra L. Goodrich