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HomeMy WebLinkAbout05-4483 VICKI LYNN RADOVICH, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 05- '1'11j CIVIL TERM CHARLES RAY SMITH, Defendant : CUSTODY COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is Vicki Lynn Radovich, hereinafter referred to as Mother. Mother's permanent residence is 1067 West Lancaster Road, Harmony, Butler County, Pennsylvania 16037. 2. Defendant is Charles Smith, hereinafter referred to as Father. Father resides alone at an unknown address. Father's last known address was Box 804, RRl, Blaine, Perry County, Pennsylvania 17006. 3. Mother seeks custody of the minor child: Name Christina Ray Smith Present Residence 1067 West Lancaster Road Harmony, PA 16037 Age 06/28/03 DOB, 2 years old The child, Christina Ray Smith, was born out of wedlock. The child is presently in the custody of Mother. During her lifetime, Christina has resided with the following persons and at the following addresses: Name Address Date Vicki Lynn Radovich Michael Mesecke Charles Ray Smith West Shady Lane Enola, P A 17025 06/29/03 to 6130105 Vicki Lynn Radovich Michael Mesecke James Alster Kim Alster 1067 West Lancaster Road Harmony, PA 16037 06/30/05-present The parties were never married and no longer live together. 4. Mother currently resides with the following persons: Name Relationship James Alster Kim Alster Michael Mesecke Christina Ray Smith 5. It is believed that Father lives alone. 6. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Christina in this or another court 7. An active Protection From Abuse Order against Father, dated March 7,2005, protects Mother, Christina and Christina's half brother, Michael Mesecke. The Order, grants Father periods of supervised visitation at the paternal grandparents home on alternating weekends from Friday evenings at 6;00 p.m. until Sunday at 6:00 p.m. The Order is attached hereto as Exhibit A. 8. Mother has no information of a new custody proceeding concerning Christina pending in any court ofthis Commonwealth. 9. Mother does not know of a person not a party to the proceedings who has physical custody of Christina or claims to have custody or visitation rights with respect to Christina. 10. The best interest and permanent welfare of Christina will be served by granting the relief requested for reasons including, but not limited to the following: a) Since Christina was born, Mother has been the sole provider for Christina's emotional, physical, educational, and medical needs and provides a stable Brother-in-law Sister Son Daughter home environment for Christina. b) Mother is the parent who can best facilitate any interaction between Christina and Father to ensure they maintain a father/daughter relationship. c) Christina has developed a strong relationship with her half-brother, MichaeL The two children have been together since Christina was born and it is important to maintain that family unit. d) Mother has steady employment and can provide financially for Christina's daily needs. e) Mother has many educational opportunities available to her and plans to take medical or business administration courses at a local community college to continue to improve her financial situation and provide additional support for Christina. f) Mother wishes to permanently relocate to Pittsburgh, Mother moved from Enola, PA on July 1,2005 to Hannony, Butler County, Pennsylvania. g) Currently Mother is staying with her sister and brother-in-law in a four bedroom log cabin in Hannony, Butler County, Pennsylvania. Each child has his or her own bedroom and it is a stable living environment. h) Mother has additional immediate and extended family in the Pittsburgh area, These family members are very supportive of Mother and the children and are willing and able to assist with any needs Christina may have. i) Mother has seen positive changes in Christina's behavior and development since leaving the home shared with Father. j) Mother seeks confirmation of primary custody because the current custody order exists only through the Protection From Abuse Order. Upon expiration of such Order, there will be no existing Custody Order in regards to Christina. k) Father has not acted in Christina's best interest in ways including but not limited to the following: i) Father suffers with his mental health and does not to take his medication as recommended. This causes drastic mood swings and creates an unhealthy environment to raise a young child. ii) Father is very violent and is subject to an Order for Protection From until September 7, 2006. The Order for Protection From Abuse was a result of Father committing several violent acts against the Mother. iii) Father does not have the parenting skills needed to care for Christina and her ongoing health problems from acid reflux and lead poisoning. On one occasion, Father force-fed Christina chili, which was directly opposed to doctor's requirements that Christina be on a strict diet. iv) Father works third shift and sleeps all day. This makes it impossible for him to provide fulltime care of a young child. v) Father did not assist Mother with Christina's daily needs while the parties lived together, and Mother fears that he is unable to provide the appropriate and necessary care for a toddler's day-to-day care, especially one with medical problems such as Christina's. 11. Every person with rights to custody or having actual physical custody of Christina has been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief: a. Grant the parties shared legal custody of Christina. b. Grant Mother primary physical custody of Christina. c. Grant Father periods of supervised visitation. d. Grant the parties an appropriate custody schedule so that the parties can spend time with the child on holidays. e. Any further relief that this Court finds to be just and proper. } race D' Alo tomey for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, VICKI LYNN RADOVICH, verifies that the statements made in the above complaint For Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.s. 94904, relating to unsworn falsification to authori ti es. /j ,~ , ~ rk '~ ~ ~.t:~ha .. fLAp ~ VICKI LYN RADOV CH Date: ~ jel, ~tf5 VICKI LYNN RADOVICH, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO.05- !.j'lY.3 CIVIL TERM CHARLES RAY SMITH, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Grace D'Alo, do hereby swear that I served Charles Ray Smith with a Complaint For Custody on ~3 ~O ,2005 by certified mail, return receipt, restricted delivery, to the person and address below: Charles Ray Smith Box 804, RRI Blaine, Pennsylvania 17006 I, Grace D' Alo, verify that the statements made in this Affidavit of Service are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa.e.S. Section 4904 relating to unsworn falsification to authorities. Date: gl30 I oS S;gmrt=rf.( j.JZ-'Z-'t:~ OcL?o n ~~~ ....., ~~~ (':.f\ o "r. ..... -~ f-:.'\ ........,. r C'.~ G') t..) C' .-,., en (j \-\ ..." -0 - c VICKI LYNN RADOVICH, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05- 'I't'l.1 CNIL TERM CHARLES RAY SMITH, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Vicki Lynn Radovich, Plaintiff, to proceed in forma pauperis. I, Grace D' Alo, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. G ceD'Alo At orney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 .-.' r:_~ = "" C.:: (j';; c,) o - =:-;. ~ .-) -r- -"1 H1 f.~ \-'-] c- """ 2~~, ;'11 (f"I <.y! VICKI LYNN RADOVICH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4483 CIVIL ACTION LAW CHARLES RAY SMITH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 01, 2005 , upon cons!!deration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 13, 2005 , the conciliator, at 9:30 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. 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. The court hereby directs the parties to furnish any and all existin:~ Protection from Abuse orders, Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Hubert X. Gilrol'. Esq. Custody Conciliator if' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, pleas,e 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 HA VE 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) 249-3]66 if ckpr' -# ~ ~ 4; - h $ /fj"~'; ~ '5-X.~ ~~-n 1 I \!(\;' /\..1.1" I .,",;VinJ 90 :2 lid 2- d3S SOOZ AHvlCi\;:> ' ::C+l /r:;o-r-6 ~X7- (;'-p 5tl-C',(; .y RECEIVED GC 1 7 7~"r, 11 VICKI LYNN RADOVICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW CHARLES RAY SMITH, Defendant NO. 05-4483 IN CUSTODY COURT ORDER AND NOW, this ----'111. day of October, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Vicki Lynn Radovich, and the father, Charles Ray Smith, shall enjoy shared legal custody of Christina Ray Smith, born June 28, 2003. 2. The mother shall enjoy primary physical custody of the minor child and the mother may relocate to the Pittsburgh area. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: a. On alternating weekends pursuant to the existing schedule the parties have worked out. Exchange of custody shall be at exit 189 on the Pennsylvania Turnpike unless agreed otherwise by the parties. b. At such other times as the parties may agree. 4. The parties shall also alternate custody on major holidays to include Thanksgiving, Christmas, New Years Day, Easter, Memorial Day, July 4th and Labor Day. The parties may work out a schedule between themselves with respect to alternating the holidays, with the anticipation being that father shall have Thanksgiving in 2005 and mother shall have Christmas Day in 2005. n:.) .C- Ol'v ~ ~ 1 "'J [1 tJ ('."]"1 -'I I -,,,, V :,,~.)l :JO 5. Both parties shall have the ability to take the child for a one-week vacation during the summer, and the parties should notify the other parent at least thirty days in advance as to when they intend to exercise the one-week vacation. 6. Both parties shall enjoy reasonable telephone contact with the minor child when the child is in the custody of the other parent. BY THE COURT, cc~e D'a1o, Esquire J ~rles Ray Smith VICKI LYNN RADOVICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHARLES RAY SMITH, Defendant NO. 05-4483 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Christina Ray Smith, born June 28,2003. 2. A Conciliation Conference was held on October 13, 2005, with the following individuals in attendance: The mother, Vicki Lynn Radovich, with her counsel, Grace D' A10, Esquire, and the father, Charles Ray Smith, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. j/-i7- of" DATE