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HomeMy WebLinkAbout09-1952 KRISTA A. RODRIGUEZ, Plaintiff, V. RICHARD M. EATOUGH, II9 Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 6 J gs CIVIL TERM IN CUSTODY COMPLAINT IN CUSTODY AND NOW, comes the Plaintiff, Krista A. Rodriguez, by and through her attorneys, Irwin & McKnight, P.C. and files this Complaint in Custody against the Defendant, Richard M. Eatough, Il, representing as follows: 1. The Plaintiff is Krista A. Rodriguez, an adult individual residing at 121 Walnut Street, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter "Mother"). 2. The Defendant is Richard M. Eatough, II, an adult individual with a mailing address of 26 South Hanover Street, Apt. 3, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter "Father"). 3. The parties are the natural parents of one (1) child named Tatiana R. Eatough, born July 25, 1999, and currently age nine (9) years. 4. The parties were married on May 31, 2003, separated on or about August 9, 2004, and divorced by decree dated December 20, 2006. 5. From August 2004 until the date of this Compliant, the minor child has resided primarily with the Mother at 121 Walnut Street, Carlisle, Pennsylvania. 6. The parties incorporated the current custody arrangement into their signed Marriage Settlement Agreement, but now wish to amend and formalize a new agreement. 7. Mother desires primary physical custody of the child and joint legal custody with periods of visitation to Father as can be mutually arranged between the parties. The best interests and permanent welfare of the child requires that the Court grant the Mother's request as set forth above. 9. Mother has no information of any other custody proceeding concerning the child pending in a court of this Commonwealth. 10. Mother does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 11. 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, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the child and joint legal custody with periods of visitation to Father as can be mutually arranged between the parties. Respectfully submitted, IRWIN& McKNIGHT, P.C. By: Do - q. 4gg s Milf er, Esquire supreme ourt I. D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff Date: )VO rol-A 2CP , 2009 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they 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.A. Section 4904, relating to unworn falsification to authorities. Date: J - c2& -U 9 . C> T hh LA CIIR V C7 C" rT1 KRISTA A. RODRIGUEZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1952 CIVIL ACTION LAW RICHARD M. EATOUGH, II IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, April 01, 2009 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 30, 2009 at 10:30 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 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/ ac ueline M. Verne 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 a iMwvm' UP APR -! t04 CLAABEF"ID COUNTY KRISTA A. RODRIGUEZ, Plaintiff, V. RICHARD M. EATOUGH, II, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2009-1952 CIVIL TERM : IN CUSTODY AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: NOW, Douglas Miller, Esquire, being duly sworn according to law, does depose and state: That he is a competent adult and attorney for the Plaintiff in the captioned action. 2. That a copy of the Complaint and Order of Court scheduling the pre-hearing custody conference was served upon the Defendant, Richard M. Eatough, II, on April 20, 2009, by certified mail, return receipt requested, addressed to Richard E. Eatough, II, 341 East 12th Avenue, Eugene, OR 97401, with return receipt number 7004 1350 0003 7289 4676. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. IRWIN & McKNIGHT, P.C. Date: Al- a a - o C? By. Do gas Zu, ler, Esquire Supreme Id #83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff .. -Ig1?11C?11id? X?I*Wi y i fte lo' nMl! and addnns on tw wmn so M?Ewaaln 1rAllnl tl>t aK! b ¦ l !¦IM ?'? I?it aRlf tll? ?M ll1?Id00? or on Ow tw t It lj1 m Pm ft 1. Ar" AtlAwend bx =idoIrd R. Eatough, II 3411 East 12th. Avenue E¦slle, OIL 974101 Z( C. 0. Mdr/ wl aE11 dlkrw?lt Win Ilan 14 K YES. MW ddwry IW 1 brak?w 0 No 3. go TOM ?J CIwdim I Md 17 Elpi?r#Ad OR ol IIwd O pmem Rcpt for D kmwed MW © CAM RnIIIoMd Diwrylt;?r4gM? ?- ?Iw.N+.aar 7004 1350 0003 7289 4676 ril?et+i?illr , PS Pkllll . ? ? Olw?ae IIl11wl'wulul]rt ?o ; I r (Domestic Mail l For delivery mforrr m --, C3 Coditd Fse 0 C3 Retum Fee n u m rn Total Postage & Fees 0 ' o L 9chard E. r- -a:: w: ----.. FUED. h{` 1" t(..1 "? ?LL?r ry rt'?T ?1 2009 APR 29 PH 2: 36 . . V / 4Yf M W-4 A, - APR 3 0 2008 KRISTA A. RODRIGUEZ, Plaintiff V. RICHARD M. EATOUGH, II, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-1952 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this title day of R &\1 , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Krista A. Rodriguez, and the Father, Richard M. Eatough, II shall have shared legal custody of Tatiana R. Eatough, born July 25, 1999. Each parent shall have an equal right, to be exercised 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 her 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 child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child during the school year, from one week prior to the start of school until one week after the last day of school 3. Father shall have partial physical custody of the child during the summer vacation, from one week after the last day of school to no longer than one week prior to the start of school. 4. Transportation shall be as follows: Mother shall escort the child to Father's residence for his period of custody and Father shall escort the child to Mother's A residence for her period of custody. Parental discretion will be used as to the mode of travel, however, the child is not to travel unaccompanied by a parent or family member. 5. Neither party shall do anything, nor permit a third party to do anything that may estrange the child from the other party, injure the opinion of the child as to the other party, or that may hamper the free and natural development of the child's love or affection for the other party. 6. The parties shall have reasonable telephone contact with the child, as is appropriate considering the age of the child, during periods when the child is not in the custody of that party. 7. Both parties shall ensure that the child has proper medical, dental, and orthodontic care and coverage when she is in their physical custody, and both parties are to maintain proper supervision of the minor child at all times, not allowing extended periods of time where the child is alone or unsupervised. 8. Each parent shall maintain a fit home and lifestyle for the minor child, including having a separate bedroom for the child, and upon request shall provide proof of such fitness to the requesting parent. In the event that a party does not provide a fit home and lifestyle as described above, or refuses to provide proof thereof, then the other party may refuse to relinquish physical custody of the child until such time as the evidence is provided. 9. Cumberland County shall retain jurisdiction over this matter in the event of a modification request. 10. The parties may temporarily alter the terms and conditions regarding physical custody as is mutually agreeable in order to accommodate special family events or other changes in their schedules. Any permanent modification or waiver of the provisions of this Order must be in writing and shall be effective only if made in writing and executed by both parties. 11. 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, SA 6,,?\ \ J. cc: Douglas G. Miller, Esquire, Counsel for Mother Richard M. Eatough, 11, pro se 341 East 12th Avenue Eugene, OR 97401 (2,Op Imn ac r S!? 1 Z S :1 Wd ' - Hw 6ooz i KRISTA A. RODRIGUEZ, Plaintiff V. RICHARD M. EATOUGH, II, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-1952 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Tatiana R. Eatough July 25, 1999 Mother 2. A Conciliation Conference was held in this matter on April 30, 2009 with the following in attendance: Mother's counsel, Douglas G. Miller, Esquire. Father did not appear although he was notified of the conference. 3. Mother requested an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator