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HomeMy WebLinkAbout09-2331 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA LINDA M. GIBBS, Civil Action At Law---Custody Plaintiff, Case No: c)-J; VS. BRIAN K. RADABAUGH, and DAWN NILSEN . Defendants, COMPLAINT FOR CUSTODY 1. The plaintiff is Linda M. Gibbs, the paternal Grand-mother, who currently resides at 50 West Keller Street, Mechanicsburg 17055 in the County of Cumberland, Commonwealth of Pennsylvania. 2. The defendants are Brian K. Radabaugh, the biological father of the child and whose current address is 50 West Keller Street, Mechanicsburg, PA. 17055. The other defendant is Dawn Nilsen, the biological Mother who currently resides at 572 West Market Street, 2nd Fl. Apt. B, in York, 17401 in the County of York Commonwealth of Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Address Age Eoin M. Radabaugh same as paternal Grand-mother's 10 years 4. The child was born within wedlock. 5. The child is presently in the custody of Linda M. Gibbs, the paternal Grand- mother of the child whose current residence is 50 West Keller Street, Mechanicsburg 17055 in the County of Cumberland, Commonwealth of Pennsylvania. 6. The child has resided with the paternal Grand-mother since March of 2008 who has had Sole Exclusive Physical & Legal custody of the child. 7. The biological mother of the child is Dawn Nilsen, whose current address is 572 West Market Street, 2nd Fl. Apt. B, in York, 17401 in the County of York Commonwealth of Pennsylvania. 8. The mother is divorced from the father. 9. The father of the child is Brian K. Radabaugh, who is currently residing at 50 West Keller Street, Mechanicsburg 17055 in the County of Cumberland, Commonwealth of Pennsylvania. 10. The father is divorced from the mother. 11. The relationship of the plaintiff to the children is that of paternal Grand-mother Plaintiff currently resides with the following persons: Name Relationship Eoin M. Radabaugh Grand-daughter James W. Gibbs, Jr. Husband Brian K. Radabaugh Son 12. The plaintiff has not participated as a party or witness, or in another capacity, in any other litigation concerning the custody of the children in this or another court. 13. The plaintiff has no other information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 14. 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 child. 15. The best interest and permanent welfare of the child will be served by Granting the relief requested for the reasons as hereinafter recited: (a) The plaintiff Grand-mother, has been the primary caretaker and caregiver of the child and has provided the requisite level of love, support, attention, affection and nurturing and has done so by attending to her physical, psychological, and emotional needs for over a one year period. (b) The biological mother has a history of alcohol abuse, and has engaged in self mutilation and was taken from her home involuntarily by police in June of 2008. (c) the biological mother lacks a stable residence or economic means to accommodate the childs' most basic needs. (d) The biological mother has been in and out of Women's shelters for lack of financial wherewithal to support herself independently. (e) The biological father of the child is amenable to allowing the paternal grand-mother custody of the minor child. (f) Father continues to reside in the home within which the children have become accustomed, familiar and comfortable the location of which is in an area where they have established a network of friends, both within and outside of their school. (g) The plaintiff, paternal grandmother has been, and continues to be the primary caretaker and caregiver to the child since June of 2008. (h) Plaintiff, believes and therefore avers that she can continue to provide a predictable and stable lifestyle of which, the child has become accustomed and that will continue to be in the best interest of the child during her formative years and throughout her life. WHEREFORE, Plaintiff, Linda Gibbs, respectfully requests for the aforementioned reasons, that the court grant and award him Sole Physical and Legal custody of the child Eoin M. Radabaugh. GREGORY S. Fechan aa in et icsburg, PA. 17055 Phone: (717) 790-5500 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. & 4904 relating to unsworn falsification to authorities Date: Linda k Gibbs, Plaintiff OF THE 1PHn7f*10 'OTARY 2009 APR 14 1'M 1: c 1 lto5.5o Po A'rTY as 3?gy LINDA M. GIBBS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-2331 CIVIL ACTION LAW BRIAN K. RADABAUGH AND DAWN NILSEN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 21, 2009 , 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 26, 2009 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/ john j. Man an r. 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 FILE D- ,,D; FIDE TIARY 2099 APR 21 HI, 12: 1 5 JUN U 9 2009 LINDA M. GIBBS, Plaintiff V. BRIAN K. RADABAUGH and DAWN NILSEN, Defendants IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-2331 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of June 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Paternal Grandmother, Linda Gibbs, the Father, Brian R Baugh, and the Mother, Dawn Nilsen, shall have shared legal custody of Eoin M. Radabaugh, born 03/09/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding the Child's health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, eac party shall be entitled to all records and information pertaining to the Child including, but no limited to, medical, dental, religious or school records, the residence address of the Child d of the other parties. To the extent one parent has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other parties wit in such reasonable time as to make the records and information of reasonable use to the other parties. 2. Physical Custody: Linda Gibbs shall have primary physical custody of the Chid subject to Mother's and Father's physical custody as the parties may agree. 3. The parties shall share transportation obligations for the custody exchanges as agreed. 4. The non-custodial party/parties shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parties shall arrange the holiday schedule as agreed between them. 6. No party to this action may say or do anything nor permit a third party to do o say anything that may estrange the Child from any other party, or injure the opinion of the Child as to any other party, or may hamper the free and natural development of the Child's to a or affection for any other party. To the extent possible, all parties shall not allow third parties to disparage any other party in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or us controlled substances or consume/be under the influence of alcoholic beverages to the po nt of intoxication. The parties shall likewise assure, to the extent possible, that othe household members and/or house guests comply with this provision. 9 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. D' tribution: rregory Hazlett, Esquire /)Sawn Nilsen, 572 West Market Street, York, PA 17401 ,,,,!(rian Radabaugh, 50 West Keller Street, Mechanicsburg, P. >46hn J. Mangan, Esquire COPE. /Y1.%ZtLL 1 ??lo f ? T LINDA M. GIBBS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09-2331 CIVIL ACTION LAW BRIAN K. RADABAUGH and DAWN IN CUSTODY NILSEN, Defendants CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of as follows: Name Date of Birth Currently i Eoin M. Radabaugh 03/09/1999 Primary PE 2. A Conciliation Conference was held with regard to this matter on May the following individuals in attendance: The Paternal Grandmother, Linda Gibbs, with her counsel, Gregory Hi The Father, Brian Radabaugh, did not appear The Mother, Dawn Nilsen, pro se 3. The parties agreed to the entry of an Order in the form as attached. S Date Jo J` angan, Esquire Ctisto(dy Conciliator PROCEDURE litigation is Custody al Grandmother 2009 with t, Esq. ALED-4it ICE OF THE F?'OTH.",NOTAPY 2009 JUN 10 Ali 11: 5 6