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HomeMy WebLinkAbout01-1222MICHAEL P. RADICH, PLAINTIFF VS. LESLIE A. RADICH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. IN CUSTODY MOTION FOR EMERGENCY RELIEF AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and moves the court for emergency relief in the form of an interim order, based upon the following: 1. The Petitioner herein is the Plaintiff, Michael P. Radich, an adult individual who resides at 6 Pamela Place in Mechanicsburg, Pennsylvania. 2. The Respondent herein is the Defendant, Leslie A. Radich, an adult individual who resides at 1137 Franklin Street in Carlisle, Pennsylvania. 3. Plaintiff commenced this action by filing a Complaint for Custody at the same time this Motion was filed. A copy of Plaintiff's Complaint for Custody is attached hereto and marked as Exhibit A. The averments set forth in that Petition are hereby incorporated, by reference, into this Motion. 4. Plaintiff requests interim relief in the form of an order by this court that the parties' two children, Amy R. Radich, born 25 May 1982, who is currently a senior at Carlisle High School and Kristen L. Radich, born 8 December 1983, who is currently a junior at Carlisle High School, continue in the Carlisle School District until further order of court. 5. The order sought by Plaintiff is necessary because of the following events: A. Both children have resided in the primary physical custody of Defendant since Plaintiff and Defendant separated in 1999; and B. Plaintiff resides in the Cumberland Valley School District but the children were enrolled in, and have attended the Carlisle School District, since September of 1999, on the basis that the Defendant resided in the Carlisle School District; and C. Defendant has recently demanded that both children come to live with her and has threatened to have them removed from the Carlisle School District if they do not do so. Plaintiff believes that the Defendant's action in this matter was not taken for legitimate reasons or in the best interests of the children but merely represent an effort to force the children to reside with her so that she can gain some economic advantage in the disputes between Plaintiff and Defendant. 6. Interim relief is appropriate in this case for the following reasons: A. Both girls have been enrolled in and have attended school in the Carlisle School District for more than a year and a half; and B, Both of the children are good students and are successful, academically and socially, in the Carlisle schools; and C. The children's extracurricular activities, social contacts, and friendships, are primarily centered in the Carlisle School District; and D. Removing them from their current schools in the midst of a school year will work serious academic, social, and other harm and injury on the children. Defendant believes that, for these reasons, it is important that the children remain in the Carlisle School District until such time as the court can review and determine the custody issues between Plaintiff and Defendant. 7. The entry of an order directing the children continue in the Carlisle School District will maintain the statu~ qua. Denying Plaintiff's request will work serious and irreparable injury on the children. WHEREFORE, Plaintiff moves this court to enter an order directing that the children remain in the Carlisle School District until further order of court, regardless of whether they reside with Plaintiff or with Defendant. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 COMMONWEALTH OF PENNSYLVANIA ) ) SS.: COUNTY OF CUMBERLAND ) MICHAEL P. RADICH, being duly sworn according to law, deposes and says that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information, and belief. Sworn to and subscribed before me this /~* day of ,'~'/~-~/ ,2001. Notary Public MICHAEL P. RADICH MICHAEL P. RADICH, PLAINTIFF VS, LESLIE A. RADICH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CUSTODY ORDER OF COUR]~ AND NOW, this day of ,2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before conciliator at the day of for a Pre-Hearing Custody Conference. , Esquire, the , Pennsylvania, on ,2001, at o'clock 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 hard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the chid's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY THE COURT, Custody Conciliator 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 MICHAEL P. RADICH, PLAINTIFF VS. LESLIE A. RADICH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, IN CUSTODY C_ON~LAINT IN CUSTODY AND NOW comes the Plaintiff, MICHAEL P. RADICH, by his attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is MICHAEL P, RADICH, an adult individual who resides at 6 Pamela Place in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is LESLIE A. RADICH, an adult individual who resides at 1137 Franklin Street in Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were married on 17 January 1980 and separated in late August of 1999. 4. The Plaintiff and Defendant are the parents of two children, Amy R. Radich, born 25 May 1982, and Kristen L. Radich, born 8 December 1983. 5. This Petition involves legal and physical custody of the parties younger child, Kristen L. Radich, who is still a minor, and the right of the older child, who is no longer a minor, to continue her enrollment in the Carlisle School District. 6. The children were not born out of wedlock and are presently in the custody of the Plaintiff. 7. During the past five years, the minor children have resided with the following persons at the following addresses: 1995 to August 1999 6 Pamela Place Plaintiff & Defendant Mechanicsburg, PA August 1999 to present 6 Pamela Place Plaintiff only Mechanicsburg, PA 8. The father of the children is the Plaintiff who resides at the address set out above. He is married to the Defendant. 9. The mother of the children is the Defendant who resides at the address set out above. She is married to the Plaintiff. I0. The Plaintiff is the natural father of the children. Plaintiff currently resides with the children. 11. The Defendant is the natural mother of the children. Defendant currently resides alone, 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said children. 12. When the parties separated in August of 1999, they enrolled the children in the Carlisle School District because both children wished to attend that school district and both parents felt that would benefit them. The enrollment was based upon the Defendant's residence in Carlisle. The children continue to be enrolled at the Carlisle School District where they do well academically and socially. Plaintiff wants very much to continue their enrollment at the Carlisle School District until they complete high school. 13. Plaintiff seeks an award of primary legal custody because Defendant has recently attempted to interfere with the education of the children. Her actions have included threats to remove them from the Carlisle School District, and appearances at the school they attend in which she repeated those threats in front of school officials, threats to report to the school that the children do not reside with her and should not, lawfully, be enrolled in the school district, and a threat to resign her employment with Dickinson College so that the parties' older daughter will not be able to attend that school under a tuition waiver program. 14. Plaintiff seeks an award of primary physical custody of the parties' minor daughter, for the following reasons: A. The daughter has expressed a strong preference to continue to live with him; and B. The Defendant has demonstrated her inability to provide a stable and suitable home for the child; and C. The Defendant has been abusive, emotionally and, in the past, physically, toward both children and he fears that type of abuse will continue; and D. The Defendant has taken actions contrary to the best interest of the children in an effort to gain advantage over Plaintiff in the economic disputes the two of them are experiencing, 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff prays this court to award him primary legal and physical custody of the ~arties' minor child, Kristen L. Radich. Sa~uuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12~h Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C,S, 4904 (unsworn falsification to authorities). Date: MICHAEL P. RADICH MICHAEL P. RADICH, PLAINTIFF VS, LESLIE A. RADICH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ~9/ - /~,=~.=~. ~ IN CUSTODY ORDER AND NOW this ~ day of ~/~ ~ ~-I,, - , 2001 .upon consideration of the attached Motion, it is herebr,v ordere~[~nd.o"irect~d-~l~tzhe parties' children, Amy R. Radich and Kristen L. Radich, oo~tinue to ~tt~nc~sohool in the Carlisle School District pending further order of court. This order shall remain in effect whether, the children resid, e pr_irr~afily with,the Plaintiff or the gefen~lant ~-~,¢ ,1~__~'~ ~_~ ~.-'~-- co, .:~L~¢.~~' ~ o~n~r matters are reterred't~ ~he concidator tor Turther proceedings. BY THE COURT, MICHAEL P. RADICH, PLAINTIFF VS. LESLIE A. RADICH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0/- /~-~ 0,~-~ "~-- IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, MICHAEL P. RADICH, by his attorney, Samuel L. Andes, and makes the following Complaint for Custody; 1. The Plaintiff is MICHAEL P. RADICH, an adult individual who resides at 6 Pamela Place in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is LESLIE A. RADICH, an adult individual who resides at 1137 Franklin Street in Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were married on 17 January 1980 and separated in late August of 1999. 4. The Plaintiff and Defendant are the parents of two children, Amy R. Radich, born 25 May 1982, and Kristen L. Radich, born 8 December 1983. 5. This Petition involves legal and physical custody of the parties younger child, Kristen L. Radich, who is still a minor, and the right of the older child, who is no longer a minor, to continue her enrollment in the Carlisle School District. 6. The children were not born out of wedlock and are presently in the custody of the Plaintiff. 7. During the past five years, the minor children have resided with the following persons at the following addresses: 1995 to August 1999 6 Pamela Place Plaintiff & Defendant Mechanicsburg, PA August 1999 to present 6 Pamela Place Plaintiff only Mechanicsburg, PA 8. The father of the children is the Plaintiff who resides at the address set out above. He is married to the Defendant. 9. The mother of the children is the Defendant who resides at the address set out above. She is married to the Plaintiff. 10. The Plaintiff is the natural father of the children. Plaintiff currently resides with the children. 11. The Defendant is the natural mother of the children. Defendant currently resides alone. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said children. 12. When the parties separated in August of 1999, they enrolled the children in the Carlisle School District because both children wished to attend that school district and both parents felt that would benefit them. The enrollment was based upon the Defendant's residence in Carlisle. The children continue to be enrolled at the Carlisle School District where they do well academically and socially. Plaintiff wants very much to continue their enrollment at the Carlisle School District until they complete high school. 13. Plaintiff seeks an award of primary legal custody because Defendant has recently attempted to interfere with the education of the children. Her actions have included threats to remove them from the Carlisle School District, and appearances at the school they attend in which she repeated those threats in front of school officials, threats to report to the school that the children do not reside with her and should not, lawfully, be enrolled in the school district, and a threat to resign her employment with Dickinson College so that the parties' older daughter will not be able to attend that school under a tuition waiver program. 14. Plaintiff seeks an award of primary physical custody of the parties' minor daughter, for the following reasons: A. The daughter has expressed a strong preference to continue to live with him; and B. The Defendant has demonstrated her inability to provide a stable and suitable home for the child; and C. The Defendant has been abusive, emotionally and, in the past, physically, toward both children and he fears that type of abuse will continue; and D. The Defendant has taken actions contrary to the best interest of the children in an effort to gain advantage over Plaintiff in the economic disputes the two of them are experiencing. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff prays this court to award him primary legal and physical custody of the parties' minor child, Kristen L. Radich. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: MICHAEL P. RADICH MICHAEL P. RADICH PLAINTIFF V. LESLIE A. RADICH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1222 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Monday, March 12, 2001 , 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 Wednesday, April 11, 2001 at 2:30 p.m. 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Jacqueline M. Verney. Esq. lff~ 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MICHAEL P. RADICH, Plaintiff VS. LESLIE A. RADICH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 01-1222 CIVIL TERM IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Defendant, Leslie A. Radich, in the above captioned case. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: ID# ,~'4693~ 26 ~igh Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA MICHAEL P. RAD1CH, Plaintiff V. LESLIE A. RADICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2001-1222 CIVIL TERM : : IN CUSTODY ORDER OF COURT ANDNOW, this [~ dayof ~9 c, ,2001, upon consideration of the attached Custody Conciliatioh Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ~/ , of the Cumberland County Court House, onthe,,Ttg;0~ dayof ~n,~_ ,2001,at //f~t9 o'clock, _~. M., at which time ~estimony wil[be taken, For purposes of this Hearing, the Father'shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of wimesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated March 2, 2001shall continue in full force and effect. 3. Father, Michael P. Radich and Mother, Leslie A. Radich, shall share legal custody of the child, Kristen L. Radich, DOB December 8, 1983. Each parent shall have 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, except that nothing shall be inconsistent with the Order of Court of March 2, 2001, and religion. 4. Father shall have primary physical custody of the child. 5. Mother shall have periods of partial physical custody as Mother and daughter agree, Substantial periods of partial physical custody are encouraged. 6. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the child. During such illness or medical emergency, each party shall have the right to visit the child as often as he/she deems consistent with the proper medical care of the child. 7. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural developmem of the child's love or affection for the other party. cc: Samuel L. Andes, Esquire - Father P. Richard Wagner, Esquire - Mother BY THE COURT, J.~esrefOler, Jr. MICHAEL P. RADICH, Plaintiff V. LESLIE A. RADICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2001-1222 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: J. WESLEY OLER, JR. 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kristen L. Radich December 8, 1983 Father 2. A Conciliation Conference was held April 11,2001 with the following individuals in attendance: The Father, Michael P. Radich, with his counsel, Samuel L. Andes, Esquire, and the Mother, Leslie A. Radich, with her counsel, P. Richard Wagner, Esquire. 3. The Court previously entered an Order on an Emergency Petition, dated March 2, 2001, which prohibits either party from removing either child (the other child is Amy R. Radich, DOB 5/25/82, who is already 18 years of age.) from attending school in the Carlisle School District. The parties were unable to reach an agreement on the issue of legal and physical custody and therefore it will be necessary to schedule a hearing. 4. Father and both children live in Mechanicsburg, where the children would attend Cumberland Valley School High School. In August, 1999, Mother rented an apartment in Carlisle and the children began attending Carlisle High School at the beginning of the school year. Mother however did not separate from Husband and leave the marital home until February 2001. Apparently both parties were in agreement for both children to attend Carlisle High School during the 1999-2000 school year and part of the 2000-2001 school year in order for the girls to play on the soccer team. 5. When Mother separated from Father in February, 2001, she informed Carlisle School District that the children were living primarily with Father and should not be attending Carlisle Schools without paying tuition. Carlisle School District informed the parties that the children could stay in the school as long as a court order was in place. On March 2, 2001, The Honorable J. Wesley Oler, entered an order prohibiting either party from removing the children from Carlisle Schools. 6. Father's position on custody is as follows: Father seeks primary legal custody and primary physical custody with Mother having periods of partial physical custody but not including overnights. Father requests Mother obtain counseling. 7. Mother's position on custody is as follows: Mother seeks shared legal custody and shared physical custody. If that were to occur she would agree that the child would continue to attend Carlisle High School. 8. The child was interviewed by the Conciliator. She indicated a preference to live with her Father and visit her Mother as agreed by Mother and daughter. She wanted to continue to attend Carlisle High School where she will be a senior during the 2001-2002 school year. 9. The Conciliator recommends an interim custody Order and the scheduling ora Hearing in the form as attached. It is expected that the Hearing will require one half day. Date ~acq~line M. Verney, Esquire Custody Conciliator MICHAEL P. RADICH, Plaintiff LESLIE A. RADICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01~1222 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of June, 2001, upon consideration of the attached letter from P. Richard Wagner, Esq., attorney for Defendant, the hearing previously scheduled for June 20, 2001, is cancelled. BY THE COURT, Samuel L. Andes, Esq. 525 North 12th Street Lemoyne, PA 17043 Attorney for Plaintiff P. Richard Wagner, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Defendant JTesley O1~1~I~, v,~2~ :rc