Loading...
HomeMy WebLinkAbout09-5882During the past five years, the child has resided with the following persons and at the following addresses: Name Address Donna Ralph 17 South Baltimore Street Apartment 3, P.O. Box 124 Franklintown, PA 17323 Donna Ralph, Todd Wendorf, Kathleen Wendorf, James Wendorf, & Amy Wendorf 636 Erford Road Camp Hill, PA 17011 Donna Ralph & Donald Ralph 605 Erford Road Camp Hill, PA 17011 Dates 5/27/2009-present 3/4/2009-5/27/2009 3/4/2009-8/2004 The mother of the child is Plaintiff, currently residing at 17 South Baltimore Street, Apartment 3, P.O. Box 124, Franklintown, Pennsylvania 17323. She is married. The father of the child is Defendant, who currently resides at 2605 Hoffer Street, Harrisburg, Pennsylvania 17103. He is married. 4. The relationship of Plaintiff to the child is that of Mother. Plaintiff currently resides with the following persons: Hannah Ralph, Daughter. 5. The relationship of Defendant to the child is that of Father. Defendant currently resides with the following persons: Unknown. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff has been the primary care provider of the child since the child's adoption. B. Plaintiff has a warm and loving relationship with the child, which has helped foster his development and growth. C. Plaintiff has in the past, and will continue to provide a stable, loving home environment for the child. 10. Each parent whose parental rights to the child have not been terminated and the parent who has physical custody of the child have been name as parties to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order granting the parties shared legal custody of the child and granting Plaintiff primary physical custody of the child with periods of physical custody with Defendant on a schedule consistent with the best interest of the child. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: By: a M. Laudermilch, Esquire 4?E aQuln?i Supreme Court ID #94664 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff j`? VERIFICATION I, Donna Ralph, verify that the statements made in this Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Donna Ralph, Plaintiff OF TF-?F?f??'-'. -, ?I?r;Y 200: AUUI 27 PH I: "Iv ' C? t .. 't"V 1' l`.? ??- ? J l L ' 1 $1(0-5. Sp PD A'r'ty aV7 3(0a3 RT*?aaq 8Z0 n o Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Fn 1029 Scenery Drive G? Harrisburg, PA 17109 (717) 657-4795 tlaudermilchndzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA RALPH, CIVIL ACTION-LAW Plaintiff : No. V. (In Custody) DONALD RALPH, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim lai relief re uested by the Plaintiff. You may lose money or property or other right important you. AT ONCE U DO YOU SHOULD TAKE THIS PAPER TO TO PHONE THE OFFICE SET FORTH NOT HAVE A LAWYER, GO TO O BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE IA LAWYER, THIS OFFICE ABOUT AGENCIES THAT MAY OFFER TO PROVIDE YOU WITH INFORMATION LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 During the past five years, the child has resided with the following persons and at the following addresses: Name Address Donna Ralph 17 South Baltimore Street Apartment 3, P.O. Box 124 Franklintown, PA 17323 Donna Ralph, Todd Wendorf, Kathleen Wendorf, James Wendorf, & Amy Wendorf 636 Erford Road Camp Hill, PA 17011 Donna Ralph & Donald Ralph 605 Erford Road Camp Hill, PA 17011 Dates 5/27/2009-present 3/4/2009-5/27/2009 3/4/2009-8/2004 The mother of the child is Plaintiff, currently residing at 17 South Baltimore Street, Apartment 3, P.O. Box 124, Franklintown, Pennsylvania 17323. She is married. The father of the child is Defendant, who currently resides at 2605 Hoffer Street, Harrisburg, Pennsylvania 17103. He is married. 4. The relationship of Plaintiff to the child is that of Mother. Plaintiff currently resides with the following persons: Hannah Ralph, Daughter. 5. The relationship of Defendant to the child is that of Father. Defendant currently resides with the following persons: Unknown. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff has been the primary care provider of the child since the child's adoption. B. Plaintiff has a warm and loving relationship with the child, which has helped foster his development and growth. C. Plaintiff has in the past, and will continue to provide a stable, loving home environment for the child. 10. Each parent whose parental rights to the child have not been terminated and the parent who has physical custody of the child have been name as parties to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order granting the parties shared legal custody of the child and granting Plaintiff primary physical custody of the child with periods of physical custody with Defendant on a schedule consistent with the best interest of the child. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 9 Date: By' Zz/ Quintina M. Laudermilch, Esquire Supreme Court ID #94664 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff VERIFICATION I, Donna Ralph, verify that the statements made in this Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Donna Ralph, Plaintiff rod", .4 DONNA RALPH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DONALD RALPH DEFENDANT 2009-5882 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 15, 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 Coun Courthouse, Carlisle on Monday, September 28, 2009 at 11:00 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. Mangan, _ jr., Esq. 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 RILED-D:- FGE- QF THE P Q ') Y,' ,?,,'T? APY 2009 SEP 16 P 1 : tai Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 t1audermi1ch6tdzmm0aw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA RALPH, Plaintiff V. DONALD RALPH, Defendant CIVIL ACTION-LAW No. 2009-5882 (In Custody) AFFIDAVIT OF SERVICE I, Amanda M. Shull, Paralegal for the firm Daley Zucker Meilton Miner & Gingrich, LLC, who being duly sworn according to law, deposes and says that on the 21st day of September, 2009, I did serve upon Donald Ralph, Defendant in the foregoing case, a true and correct certified copy of the August 27, 2009 Custody Complaint and the September 15, 2009 Custody Conciliation scheduling Order by sending a copy of same to Donald Ralph via certified mail, return receipt requested and via regular United States mail with Proof of Mailing, to 2605 Hoffer Street, Harrisburg, Pennsylvania, 17109. The original Return Receipt and the Proof of Mailing are attached hereto as Exhibit "A". Sworn to and subscribed before me this of I)Q()+ 0/1AW . 2009 7H OF POdMVLVAwA NOTARIAL SFAL PATRICIA A. PATTON, NoWV Public Lower Pa lon Up., ©a oon County MVC.oaMr"on E»es June 20.2010 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By 4Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Exhibit "A" `n (-FRTIFIEn MAIL PE,,-`j eo o, r-1 rA OFFICIAL Ir m ER ° Certified Fee T(Q u... t C3 Pr& ° (Endorser n RR, tr dj •. 1?ry / 2009 (i 7 ° Restricted Darnrery F. Er (Endo?sement Required) co ,?fCer. _ 4 r,u Total Postage & Fees, $ O t0 ° :.P41 - ------- ------------ oraoeQarNo. ¦ GonMiab t. $ and & AYo , a V! I NMn 4 itRaetflrbed DeUvery bs dssked. ¦ P ft your tame and address on the reverse so VW we can return the card to you. ¦ Attach this cad to the back of the mailpiece, or on the front If space permits. Ao Addressed to: Mr. ponaId Ralph 2 }}o{-fiev Street 1?p, }?l1VYl S burg . Ph 1109 A6 v aA"taltr. B. Received by (Rlttted Manta) C. bate of ca D. Is, delivery address ditm from Kam 1? ? Mile If YES, enter delivery address below: ? No 3. Type Cwditd Md 13 F.>tpreos Mae D Registered O Rectum Receipt for Mtlrohendlee O horned Ms2 13 C.O.D. 4. Reetricted DelNery'1(Exba Fes,) C3 Nss 2. AH Me Number (ill lift na11rMie'" 7004 2890 0001 3911 1985 FMS Form 9811, February 2004 Domatlc RMtun RsoNpt - ,aasee oe isro ? rn o? 0 0 0 rN?_ r W W V U) (L f). N OD ME N o (3) of W LL O aoo? ch W O J N O Q O o ? .lNIII Luc s?V1iaE. CIF THE 2009 OCT -8 AM 8: 2 i r t'i 'I't?1? rY, OCT 19 2009 DONNA RALPH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-5882 CIVIL ACTION LAW DONALD RALPH, IN CUSTODY Defendant ORDER OF COURT AND NOW this ZD' day of October 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Donald Ralph, and the Mother, Donna Ralph, shall have shared legal custody of Hannah Ralph, born 03/02/1997. 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 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 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: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing 10/09/2009, Father shall have physical custody of Hannah on alternating weekends from Friday 8:00 pm until Sunday 6:00 pm. The parents shall exchange custody at the respective times at the Sheetz convenience store on rte 114 in Mechanicsburg, PA. b. Father shall have at least one evening visit between Monday and Friday every week from after school until 8:00 pm. Tuesday shall be the default evening if the parents can not agree. Father shall give adequate advance notice (approximately one week) of a requested evening if he can not exercise the Tuesday evening or to request an additional evening. Father shall pick Hannah up from after school and the parties shall meet at the Sheetz convenience store on rte 114 in Mechanicsburg, PA at 8:00 pm. C. During any and all times when the Child is transported, an appropriate driver shall be properly licensed. d. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone/text and/or email contact with the Child on a reasonable basis. The non-custodial parent shall contact the Child no later than 8:00 pm. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 5. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may alter or expand this vacation time by mutual agreement. 6. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Disparaging Remarks: Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither parent shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other parent, their spouse or relatives, or injure the Child's opinion of the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 8. Emergency decisions regarding the Child shall be made by the parent then having custody. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall further take any necessary steps to ensure that the health, welfare and well- being of the Child is protected. During such illness, each party shall have the right to visit the Child as often as he or she desires, consistent with the proper medical care of the Child. The term "serious illness" as used shall mean any disability which confines the Child to bed for a period in excess of seventy-two (72) hours and which places the Child under the direction of a licensed physician. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consumelbe under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. 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, ,Distribution: 'ntina Laudermilch, Esq., 1029 Scenery Drive, Harrisbur A 17109 gory Hazlett, Esq. John J. Mangan„Esquire 120p, I0/a0 Joy ?:=rn J. HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 0 Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1' Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 0 (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day 1 From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father DONNA RALPH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-5882 CIVIL ACTION LAW DONALD RALPH, IN CUSTODY Defendant : CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 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 this litigation is as follows: Name Date of Birth Currently in the Custody of Hannah Ralph 03/02/1997 Primary Mother 2. A Conciliation Conference was held with regard to this matter on October 8, 2009 with the following individuals in attendance: The Mother, Donna Ralph, with her counsel, Quintina Laudermilch, Esq. The Father, Donald Ralph, with his counsel, Gregory Hazlett, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date FILED _ f r:P r OF THE R -JTMY 2009 OCT 20 P 3: 12 DONNA RALPH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DONALD RALPH, Defendant NO. 09-5882 CIVIL TERM IN RE: PLAINTIFF' S EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 30~' day of April, 2010, upon consideration of the attached letter from Quintina M. Laudermilch, Esq., attorney for Plaintiff, the hearing previously scheduled for April 30, 2010, is cancelled. Quintina M. Laudermilch, Esq. 1029 Scenery Drive Harrisburg, PA 17109 Attorney for Plaintiff Gregory S. Hazlett, Esq. 7 West Main Street Mechanicsburg, PA 17055 Attorney for Defendant :rc l~ d t ~~..5' iris ~ ~` .s~s~~~ ~~ BY THE COURT, J. esley Oler, ~ J. ~ ^' , c_~ ~ . ..' .., =,~ .. ~ , c.,