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HomeMy WebLinkAbout09-2426NATHAN RADABAUGH, Plaintiff V. TARA ANN EDELMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION -LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation' of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE' 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en 14s paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion.' Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita s s defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cort?tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio cue es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 UUNIJr:Jr, rUr.Ur.l%J1N3rUU1M1-13131r,1V\,1E1LDVHL. NATHAN RADABAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 0 9-0,,? y?_4 C_v: i TARA ANN EDELMAN, CIVIL ACTION -LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the above-named Plaintiff, Nathan Radabaugh, by his attorney, Mark A. Mateya, Esquire, and seeks joint legal and primary physical custody of Destiny Ann Radabaugh, born April 19, 2008. 1. Plaintiff is Father, Nathan Radabaugh, presently residing at 517 S. Middlesex Road, Carlisle, Pennsylvania. 2. Defendant is Mother, Tara Ann Edelman, presently residing at Claremont Road, Carlisle, Pennsylvania. 3. Plaintiff and Defendant are parents of Destiny Ann Radabaugh (hereinafter child), born April 19, 2008. 4. The child Destiny Ann Radabaugh was born out of wedlock. 5. The child is presently in the custody of Mother at 1226 Claremont Road; Carlisle, Pennsylvania, with her boyfriend, Bryce Bridge, and Father and Paternal Grandparents John and Sherril Radabaugh, at 517 S. Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17015. 6. During the past five years the child has resided with the following persons at the following addresses: A. From approximately April 1 to the present, with Mother and Mothers s boyfriend, Bryce E. Bridge, and Mr. Bridge's three-year-old daughter. B. At maternal grandparent's home from March 19, 2009 until approximately April 1, 2009 with Maternal Grandparents, Mother's brother Cody Edelman, Cody's son, Mother's sister, Trisha Edelman, Trisha Edelman's daughter, and her maternal mother and father at 111 W. Clearview Drive, Camp Hill, PA. C. From birth until March 19, 2009, with Father, Mother and Paternal Grandparents John and Sherril Radabaugh, at 517 S. Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17015. 7. The father of the child, Nathan Radabaugh, is currently residing at 517 S. Middlesex Road, Carlisle, Cumberland County, Pennsylvania and he is single. 8. The Mother of the child, Tara Ann Edelman, is currently residing at Claremont Road, Carlisle, Pa, and she is single. 9. The relationship of the Plaintiff to Destiny Ann Radabaugh is that of natural father. 10. The relationship of the Defendant to Destiny Ann Radabaugh is that of natural mother. 11. The Plaintiff has not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the child in this or another Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to this custody proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. In the days after Mother departed from the Paternal grandparents home where she, Father and Child had resided, she has become more combative with Father, hitting him in the B. At maternal grandparent's home in Carlisle from March 19, 2009 until approximately April 1, 2009 with Maternal Grandparents, Mother's brother Cody Edelman, Cody's son, Mother's sister, Patricia Edelman, Patricia Edelman's daughter, and her maternal mother, step-father. C. From birth until March 19, 2009, with Father, Mother and Paternal Grandparents John and Sherril Radabaugh, at 517 S. Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17015. 7. The father of the child, Nathan Radabaugh, is currently residing at 517 S. Middlesex Road, Carlisle, Cumberland County, Pennsylvania and he is single. 8. The Mother of the child, Tara Ann Edelman, is currently residing at Claremont Road, Carlisle, Pa, and she is single. 9. The relationship of the Plaintiff to Destiny Ann Radabaugh is that of natural father. 10. The relationship of the Defendant to Destiny Ann Radabaugh is that of natural mother. 11. The Plaintiff has not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the child in this or another Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to this custody proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. In the days after Mother departed from the Paternal grandparents home where she, Father and Child had resided, she has become more combative with Father, hitting him in the presence of the child while driving, striking him with her hand and her cell phone. 15. Father is concerned for child's safety and well-being. 16. The best interests and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff is the father of the child; b. Plaintiff has been a primary care giver of the child since her birth and child has resided with Plaintiff since birth until very recently. c. Defendant is unable to independently care for the child. d. Defendant is presently working part-time is unable to financially provide for the child; e. Plaintiff works full-time and is able to financially provide for the child; f. Plaintiff has family support to assist caring for the minor child while Plaintiff is at work, specifically, Plaintiff's mother is at home during the day while he is working and can give full-time care to the child; g. Defendant has a criminal background and is presently on probation for charges stemming from retail theft, theft by unlawful taking, and forgery; WHEREFORE, Plaintiff requests this Honorable Court to grant joint legal custody of the child to the Plaintiff and Defendant and to grant physical custody of the child to the Plaintiff with Defendant having visitation and/or partial physical custody as this Honorable Court sees fit. Respectfully submitted, Mark A. Mateya ` Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff Dated: '`I&o VERIFICATION I, Nathan Radaubaugh, verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Az"??4/wz? A.- Nathan Radau augh DATED: / l 9 ?k THE PF' 2009 APR 1 7 A 8: t; 5 )'r ,' Iir- et ?L? _ a ?7"Y cr w NATHAN RADABAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-2426 CIVIL ACTION LAW TARA ANN EDELMAN 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 Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 04, 2009 at 8:30 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/ Hubert X. GAro 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 S i i:It . OF THE P; "'NOTARY 2009 APP 21 PH 2: {2 mar -c,ry- - a ,; NATHAN RADABAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-2426 CIVIL ACTION - LAW TARA ANN EDELMAN, IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long., Prothonotary: Please enter my appearance on behalf of the Defendant, Tara Ann Edelman, in the above captioned case. Respectfully submitted, Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: S.? 'Oci NATHAN RADABAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-2426 CIVIL ACTION - LAW TARA ANN EDELMAN, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Tara Ann Edelman, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 Date: s•-?'u1 C-14V essica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 f ILEO-O FILE OF THE PROM HOI T Y 2009 MAY -7 PM 3: 54 NATHAN1ADABAUGH, Plaintiff V. TARA AN EDELMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2426 CIVIL ACTION -LAW IN CUSTODY PETITION TO WITHDRAW COMPLAINT FOR CUSTODY NOW COMES Petitioner, Nathan Radabaugh, by and through his counsel, Mark A. Mateya, squire and in support avers the following: 1. Petitioner is Nathan Radabaugh, an adult individual presently residing at 517 S Middlesex 1 2. Custody to 1 3. herein. 4. Honorable 5. id, Carlisle, Cumberland County, Pennsylvania. Petitioner initiated the above-captioned matter by way of filing a Complaint for above term and number on or about April 17, 2009. A copy of the Complaint for Custody was properly served upon the Defendant Hubert X. Gilroy, Esquire, was appointed Custody Conciliator by Order of this wt on Tuesday, April 21, 2009. A Custody Conciliation was scheduled before the court appointed Custody Conciliator on Thursday, June 4, 2009. 6. Petitioner has expressed to his counsel, Mark A. Mateya, Esquire, that the parties herein have amicably resolved this custody matter and further wishes to withdraw the previously filed Custody Complaint. 7. 1 Jessica Holst, counsel for Defendant has been contacted by Defendant and advised that she als6 desires to have the matter withdrawn. 8. Jessical Hoist, Esquire concurs with this Petition to Withdraw the Custody Complaint. 9. j There have been no prior Orders issued by any Judges in this matter. upon consideration of the foregoing, it is respectfully requested that the Court issue an Order cancelling the Custody Conciliation and mark the Custody Complaint as being wi Respectfully submitted, Mark A. Mateya, Esq re Attorney ID No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Date: 5 Z l CERTIFICATE OF SERVICE I, M k A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Petition to ithdraw Custody Complaint on the following person(s) by depositing a true and correct cop of the same in the United States Mail, Certified Mail, Restricted Delivery, Return Receipt Re uested and by way of United States Mail, first class, postage prepaid, at Boiling Springs, C*mberland County, Pennsylvania addressed to: Jessica Ho st, Esquire MidPenn egal Services 401 E Lou her St Ste 103 Carlisle P 17013 Hubert X ilroy Esquire 4 N Hanover Street Carlisle P 17013 l? 1 Mark A. Mateya, Esquire PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax C' T t r Apy 2009 JUN - ! III 'IS: 5 CL: JUN 0"Z2009 NATHAN RADABAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION -LAW TARA ANN EDELMAN, NO. 2009-2426 Defendant IN CUSTODY ORDER AND NOW, this ` day of May, 2009, the Conciliator being advised the parties have withdrawn the Complaint for Custody, the Conciliator relinquishes jurisdiction. Hubert t Gilroy, squire Custody Concilia r 28 00 s -3 ''ii 2:'. '? JUN 0 Z 200gc, NATHAN RADABAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-2426 TARA ANN EDELMAN, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER AND NOW this day of June, 2009, upon consideration of the foregoing Petition to Withdraw Custody Complaint, IT IS HEREBY ORDERED AND DECREE: 1. The Custody Conciliation Conference scheduled on June 4, 2009, before Hubert X. Gilroy, Esquire is cancelled; and 2. Plaintiff's Petition to Withdraw Custody Complaint is granted and the Custody Complaint shall be deemed withdrawn. 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