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HomeMy WebLinkAbout08-5785 DUSTIN THOMAS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. © 8- 5185 BRANDY RADONOVICH : CIVIL ACTION -LAW Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Dustin Thomas, by and through his attorney, Diane S. Baker, Esquire, and files this Complaint, based upon the following: 1. Plaintiff, Dustin Thomas, is an adult individual residing at 45 West Willow Terrace, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant, Brandy Radonovich, is an adult individual residing at 38 Queens Avenue, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff seeks primary custody of Noelle G. Thomas, born December 12, 2005. Plaintiff is the natural father of the child and Defendant is the natural mother of the child. The child was born in wedlock. The child is currently in the primary physical custody of Mother; however, prior to September 18, 2008, the child had been in the shared physical custody of Mother and Father until Mother's refusal to allow Father contact with the child as of September 18, 2008. 4. Since birth, the child has resided with the following persons and at the following addresses: Plaintiff and Defendant, Paris 6256 Spring Knoll Drive and Summer Radonovich Mechanicsburg, PA Birth until May 2008 3 Plaintiff 6256 Spring Knoll Drive May 2008 to June 2008 Mechanicsburg, PA Plaintiff 45 West Willow Terrace Mechanicsburg, PA June 2008 to present Defendant, Paris and Summer Radonovich 38 Queens Avenue Enola, PA May 2008 to present 5. Plaintiff has not participated as a party or a witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 6. Each parent whose parental rights to the child that have not been terminated and the person who has physical custody of the child have been named as parties to this action. 7. The best interest and permanent welfare of the child will be served by granting the relief because Plaintiff can provide a safe home and a stable and loving environment for the child. 4 WHEREFORE, Plaintiff requests Your Honorable Court to grant him primary physical custody of the minor child, Noelle G. Thomas. Respectfully DATE: / ?ianne S. Baker, Esquire Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 5 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. Section 4904 relating to unsworn falsification to authorities. DUSTIN THOMAS 6 fM V\ ?7 r (V 17 ? U 7 L Diane S. Baker, Esquire I.D. No. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 bakerlawoffice@aol.com DUSTIN THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. BRANDY RADONOVICH Defendant :NO. C8 - 57gS Civil Terow : CIVIL ACTION -LAW : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Diane S. Baker, Esquire, on behalf of the Plaintiff, Dustin Thomas, in the above-captioned action. DATE: ? zj- b .r-, mane S. Baker, Esquire Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 ? ,?, {?, ? -ri ??F ^ r Yd ?' ?r ? ^?? _J {' ? ??. ?? ?? ..,,? DUSTIN THOMAS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRANDY RADONOVICH DEFENDANT • 2008-5785 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 02, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, October 30, 2008 at 10:00 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/ Dawn S. Sunda Es q. 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 "All f ? 'c 1.2,i `31 ? rf?i?J ? li ! I W C- 130 goon 32 - -;o v . apt :jlHi JO 1 1# DUSTIN THOMAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5785 BRANDY RADONOVICH, CIVIL ACTION -LAW Defendant IN CUSTODY AFFIDAVIT OF SERVICE I, Diane S. Baker, Esquire, hereby certify that a true and correct copy of the Complaint for Custody was served on the Defendant, Brandy Radonovich, by certified mail, restricted delivery, return receipt requested, on October 9, 2008, at last known address of: Brandy Radonovich 38 Queens Avenue Enola, PA 17025 The return receipt card is attached hereto as Exhi D' Baker, Esquire Attorney for Plaintiff I.D. No. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 717-671-9600 A % EXHIBIT "A" by (Pr fedJVame) , Agent lb delivery address different from item 1? Y Ye; If YES, enter delivery address below: El No n 3. rvice Type Ified Mail Registered ? Express Mail ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Jwft 2. Article Number 7007 0220 0003 1662 0132 MWWWftmsefVkekLW ¦ Complete items 1, 2, and 3. Also comps A• item 4 if Restricted Delivery is desired. ¦ Print your name and address on the revert so that we can return the card to you. ¦ Attach this card to the back of the mailpi or on the front if space permits. ; A 8 D. 1. A41eljs Addressed to: IP:Vil Ps Form 3811, February 2oo4 Domestic Retum Receipt 102595-02-Wl640 r.a c? .TJ ?z 5 ;'3"d i a ? NOV 17 2008 DUSTIN THOMAS Plaintiff vs. BRANDY RADONOVICH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-5785 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 'f) flA46-4/- , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Dustin Thomas, and the Mother, Brandy Radonovich, shall have shared legal custody of Noelle G. Thomas, born December 12, 2005. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child 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 Child 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. In accordance with 23 Pa.C.S.A. §5309, 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 or information given to either party as a parent as authorized by statute. 2. The parties shall share having physical custody of the Child, with the Father having custody during alternating weeks from Wednesday after work through Saturday at 5:30 p.m., beginning November 12, 2008, and during the interim weeks from Wednesday after work through Sunday at 12:00 noon. The Mother shall have custody of the Child at all other times not otherwise specified for the Father in this provision. The Mother shall have custody of the Child during the Father's work hours unless the Mother is unavailable and has provided advance notice to the Father by the preceding Sunday of her unavailability. l.n IAT 10 :9 W 81 AON BUZ ht? 1 U4 \'., l 114 u "s?e 31Hi ?0 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. ALTERNATING HOLIDAYS: The period of custody on the following alternating holidays shall run from 9:00 a.m. until 7:00 p.m. on the holiday unless otherwise agreed between the parties. In even-numbered years, the Mother shall have custody of the Child on Thanksgiving, Easter and July Fourth and the Father shall have custody on Memorial Day and Labor Day. In odd-numbered years, the Father shall have custody of the Child on Thanksgiving, Easter and July Fourth and the Mother shall have custody on Memorial Day and Labor Day. C. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 7:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the vacation custody schedule. 4. Each parent shall be entitled to have vacation custody with the Child for two (2) non- consecutive weeks each year upon providing at least thirty (30) days advance notice to the other party. The Child shall not miss school during a period of vacation unless agreed between both parties and the school in advance. The parent providing notice first under this provision shall be entitled to preference on his or her selection dates. 5. In the event either party is unavailable for four (4) or more hours during his or her period of custody, that parent shall provide the other parent with the opportunity to provide care for the Child during the custodial parent's unavailability prior to contacting third party caregivers. This provision is not intended to apply to the Child's visits with either the maternal or paternal grandparents. 6. During periods of custody neither parent shall smoke in the presence of the Child or consume alcohol to the point of intoxication. 7. In the event either parent intends to remove the Child from his or her residence for an overnight period or longer, that parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. This provision is not intended to apply to the Child's overnight stays at either the maternal or paternal grandparents' residences. 8. 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at 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, cc: ? pane S. Baker Esquire - Counsel for Father ,,"Diane M. Dils, Esquire - Counsel for Mother l_.4 ? f3 ?h7i ?li DUSTIN THOMAS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-5785 CIVIL ACTION LAW BRANDY RADONOVICH Defendant 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Noelle G. Thomas December 12, 2005 Mother/Father 2. A custody conciliation conference was held on November 11, 2008, with the following individuals in attendance: the Father, Dustin Thomas, with his counsel, Diane S. Baker, Esquire, and the Mother, Brandy Radonovich, with her counsel, Diane Dils, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 4) fIL?tM?yX?t 1 ?? 3W & Date Dawn S. Sunday, Esquire Custody Conciliator