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HomeMy WebLinkAbout08-2299SANDRA L. THACKER, Plaintiff V. RAYMOND E. BAUGHMAN and LORI RENE WEINHURST, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - .2-2 ?'Y CIVIL TERM IN CUSTODY COMPLAINT FOR PARTIAL CUSTODY NOW comes the plaintiff, SANDRA L. THACKER, by her attorney, Harold S. Irwin, III, Esquire, and presents the following complaint for partial custody, representing as follows: 1. The plaintiff is SANDRA L. THACKER, an adult individual residing at 2437 Walnut West, Greenfield, Indiana 46140. Plaintiff is the paternal grandmother of the children who are the subject of these proceedings. 2. Defendant RAYMOND E. BAUGHMAN (hereinafter Father) is an adult individual residing at 10515 East US 40, Charlottesville, Indiana 46177. 3. Defendant LORI RENE WEINHURST (hereinafter Mother) is an adult individual whose mailing address is P. O. Box 604, Shippensburg, Cumberland County, Pennsylvania 17257. 4. Defendants are the natural parents of two minor children, namely, CHELSEA BAUGHMAN, (born June 16, 1990) and BRADLEY BAUGHMAN (born May 21, 1992). 5. The children resided with the defendants from the birth of the children until the defendants' separation in 1997 or 1998. After defendants' separation, the children lived primarily with the Father for about two years. Subsequently, the defendants' obtained an order of joint custody, but have lived primarily with the Mother in Shippensburg and the Father is not seeing the children. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. Over the years plaintiff has contact with the children and sent holiday cards and gifts. Plaintiff believes and therefor avers that while the children received the gifts, they did not know from whom they had received hem because the Mother did not tell them that they had come from their grandmother. 10. Plaintiff last saw the children in October, 2007. Since then the Mother has not permitted any contact between the plaintiff and the children. 11. The best interests and permanent welfare of the children require that the defendants have joint legal and physical custody of the children, but that plaintiff have rights of partial custody of the children three to four times per year and on a couple of weeks n the Summer. WHEREFORE, the plaintiffs request that the court enter an order providing for the legal and physical custody of the children as aforesaid. 9 >1 March 31, 2008 `1 `,_/ HAROLD S. IRWIN, 0 Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013-3220 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. March 31, 2008 RA L, v? t TJI:. r• -C; n X v? C, C t y? r-? c_ G? kaC: -chi 1113- SANDRA L. THACKER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2299 CIVIL ACTION LAW RAYMOND E. BAUGHMAN AND LORI RENE WEINHURST IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 15, 2008 , 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 Tuesday, May 20, 2008 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. 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, Bv: /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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,i t 40 L n1 Cofy P tom. OW 27 G/ SANDRA L. THACKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-2299 CIVIL ACTION LAW RAYMOND E. BAUGHMAN and LORI IN CUSTODY RENE WEINHURST (SIC)/WEISHAUPT Defendants ORDER OF COURT tlh AND NOW this La day of May 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Raymond E. Baughman, and the Mother, Lori R. Weishaupt, shall have shared legal custody of Chelsea Baughman, born 6/20/1990 and Bradley Baughman, born 6/03/1993. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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: The Mother shall have primary physical custody of the Children subject to paternal grandmother's visitation as follows: a. Paternal grandmother shall give two (2) weeks prior notice of a requested visit for paternal grandmother to come from Indiana to this jurisdiction for a visit with the subject Children. (To be noted is the fact that Chelsea will be soon eighteen years old and once she turns eighteen years old, she shall have the legal right to determine whether or not she wants to participate in said visit.). Plaintiff shall meet the Children in a neutral location and at this point, Father has not asserted any custodial legal right in this jurisdiction and shall not be addressed by this Order. Until further Order of Court, Father shall not participate in paternal grandmother's visitation with the subject Children. b. Mother shall undertake all reasonable efforts to acquire a ticket for Chelsea's graduation so that paternal grandmother may attend said graduation. 3. Paternal grandmother shall be entitled to a mailing address (not residential address) of the subject Children to send correspondence and gifts as she desires. Paternal grandmother shall be entitled to an operable telephone number for the Children to communicate on a reasonable basis. In order to facilitate said telephone contact, paternal grandmother may send the subject Children calling cards to communicate. 4. No party to this action may say or do anything, nor permit a third party to do or say anything, that may estrange the Children from the other parties, or injure the opinion of the Children as to the other parties, or may hamper the free and natural development of the Children's love or affection for the other parties. To the extent possible, both parties shall not allow third parties to disparage the other parties in the presence of the Children. 5. 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, istribution: .,'Harold Irwin, III, Esquire AJane Adams, Esq. ,/John J. Mangan, Esquire c op' es rnatLCL s?z4?og r gad SZ ,; # ME ? w SANDRA L. THACKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2299 CIVIL ACTION LAW RAYMOND E. BAUGHMAN and LORI IN CUSTODY RENE WEINHURST (SIC)/WEISHAUPT Defendants CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVH, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Chelsea Baughman 6/20/1990 primary Mother Bradley Baughman 6/03/1993 primary Mother 2. A Conciliation Conference was held with regard to this matter on May 20, 2008 with the following individuals in attendance: The Mother, Lori R. Weishaupt, with her counsel Jane Adams, Esq. The Father, Raymond E. Baughman, pro se The paternal grandmother, Sandra Thacker, with her counsel Harold Irwin, III, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John gan, Esquire Cu ody onciliator