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HomeMy WebLinkAbout02-2556LAW OFFICES SNELBAKER, BRENNEMAN & SPARE RUTH A. THOMAS, V. Plaintiff RAY RICHARDSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. o;~ - ? ,~'3't, CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY OF MINOR CHILDREN AND NOW, comes the Plaintiff, RUTH A. THOMAS, by her attorneys, Snelbaker, Brenneman & Spare, P. C., and avers the following: 1. Plaintiff is RUTH A. THOMAS residing at 155 Salem Church Road, Lot 12, Mechanicsburg, Pennsylvania 17050. 2. Defendant is Ray Richardson with a last known address of 93 Stillwater Road, Freeport, Florida 32439. 3. Plaintiff seeks a custody order for the following two minor children: NAME PRESENT RESIDENCE Shawn Derek Thomas 155 Salem Church Road, Lot 12, (known as "Derek") Mechanicsburg, PA 17050 Joshua Harris Richardson 155 Salem Church Road, Lot 12, Mechanicsburg, PA 17050 The children were bom out of wedlock. Joshua is presently in the custody of RUTH A. THOMAS who resides at 155 Salem Church Road, Lot 12, Mechanicsburg, Pennsylvania. Derek left Plaintiff's residence on the of May 24, 2002 with Defendant. AGE 13 (D.O.B. 6/12/88) 8 (D.O.B. 6/9/93) LAW OFFICES SNEIBAKER. BRENNEMAN & SPaRe 4. During the last five (5) years, the children have resided with the following person at the following address: PERSONS RUTH A. THOMAS ADDRESS 155 Salem Church Road, Lot 12, Mechanicsburg, PA 17050 DATES 1996 to present The father of the children is Ray Richardson currently believed to beresiding in Freeport, Florida. 5. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Shawn Derek Thomas Son Joshua Harris Richardson Son 6. The relationship of Defendant to the children is that of father. The Defendant currently resides with the following persons: Unknown. 7. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation conceming custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. This is in the childrens' best interests because Mother has been totally involved in the care and nurturing of the children since birth. The Mother can provide a loving and stable home 2 environment for the children. Father has had very little contact with the children over the years. The best interest and permanent welfare of the children will be served by granting Plaintiff physical custody of Joshua and by clarifying the legal and physical custody of Shawn Derek Thomas. 9. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests this Court to grant Plaintiff sole legal and custody of Joshua Harris Richardson and to issue an order clarifying legal and custody of Shawn Derek Thomas. SNELBAKER. BRENNEMAN SPARE May 24, 2002 SNELBAKER, BRENNEMAN & SPARE, P. C. By: ~ Sp~e, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff, RUTH A. THOMAS VERIFICATION I verify that the statements made in the foregoing Custody 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. -\ Ruth Thomas Date: May 2-~, 2002 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE RUTH A. THOMAS, VS. Plaintiff RAY RICHARDSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: CIVIL TERM : CIVIL ACTION- LAW : IN CUSTODY PLAINTIFF'S PETITION FOR EMERGENCY RELIEF LAW OFFICES SNELBAKER. BRENNEMAN & SPARE AND NOW, comes the Plaintiff-Petitioner, Ruth A. Thomas, by her attorneys, Snelbaker, Brenneman & Spare, P.C. and avers as follows: 1. Petitioner is Ruth A. Thomas, Plaintiff-Mother ("Mother") in the above-captioned custody action. Mother has resided at 155 Salem Church Road, Lot # 12, Mechanicsburg, Pennsylvania 17050 since 1996 with the two minor children of the parties: Name: Shawn Derek Thomas (known as "Derek") Age: 13 (DOB 6/12/88) Name: Joshua Harris Richardson Age: 8 (DOB 6/9/93) 2. Father's last known address is believed to be 93 Stillwater Road, Freeport, Florida 32439. Father has resided in Florida and/or Alabama for many years. 3. Father has seen the children only two times in the last six (6) years. On both occasions Father has seen the children, it was Mother who traveled with the children to Alabama and Florida for the purpose of allowing the children to see their Father. 4.The parties' son, Joshua, (age 8) has recently been experiencing some emotional and threatened suicide. As a result of this situation, Joshua was hospitalized at the spital for Kids in Crises known as "KidsPeace" located at 5300 KidsPeace Drive, LAW OFFICE~ SNELBAKER, BRENNEMAN & SPARE Orfield, Pennsylvania 18069 - 9109. Joshua is expected to be released from KidsPeace on Tuesday, May 28, 2002. 5. As a result of Joshua's recent hospitalization, the Father, Ray Richardson, drove to Pennsylvania and appeared at Mother's doorstep on Wednesday, May 22, 2002. Father demanded that he return to Florida or Alabama with both children. 6. On Thursday, May 23, 2002, Mother met with her attorney and prepared a proposed Custody Agreement calling for Joshua to remain in Pennsylvania with her and allowing Derek to spend the summer with Father. Father refused to sign the proposed Custody Agreement. 7. On the morning of Friday, May 24, 2002, Father picked-up Derek at 6:30 a.m. and left Mother's home with Derek and most of his possessions.. Mother believes that Father intends to remove Derek from Pennsylvania with indefinite plans for Derek's care and custody. 8. Mother does not oppose Derek moving to Alabama to reside with Father's parents, so long as proper arrangements for his care and custody can be made along with reasonable visitation rights to her. 9. Based upon statements made by Father, Mother is very concerned that Father will attempt to obtain physical custody of Joshua immediately upon his release from KidsPeace Hospital and take him from Pennsylvania to Florida or Alabama. 10. Mother believes and therefore avers that it would not be in Joshua's best interest to relocate from her home at this time given his fragile emotional state. The status quo should be -2- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE maintained as for Joshua's care and custody. Joshua should remain under Mother's care and custody at her home. WHEREFORE, Plaintiff-Petitioner, Ruth A. Thomas, respectfully requests this Honorable Court to enter an Order maintaining the status quo in this matter regarding Joshua Harris Richardson and to schedule a conciliation conference to address the other legal and custody issues involved in this matter. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By:_. Ph~ire Pa. Supreme Court I.D. #65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff-Petitioner, Ruth A. Thomas -3- LAW OFFICES SNELBAKER, BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Petition for Emergency Relief are tree 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: May 2~ , 2002 RUTH A. THOMAS, Plaintiff Vo RAY RICHARDSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2556 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 24th day of May, 2002, upon consideration of the above petition, a hearing is scheduled for Monday, June 3, 2002, at 10:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. PENDING SAID HEARING, neither parent shall remove Joshua Harris Richardson from the jurisdiction of Cumberland County. BY THE COURT, Philip H. Spare, Esq. 44 West Main Street Mechanicsburg, PA 17055 Attomey for Plaintiff Ray Richardson 93 Stillwater Road Freeport, FL 32439 Defendant, Pro Se sfey O re ~,, J. :rc RUTH A. THOMAS, Plaintiff RAY RICHARDSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-2556 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND ) SS. Philip H. Spare, Esquire, being duly sworn according to law deposes and says: that he a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., being the attorneys for Rt A. Thomas, Plaintiff in the above captioned custody action; that on May 24, 2002, he did sene Defendant Ray Richardson by certified mail, return receipt requested, restricted delivery, a certified copy of the Plaintiffs Petition For Emergency Relief which was filed in the action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 700~ 1670 0008 5047 1950; that despite the attempt to send the Petition by restricted delivery, a person other than the addressee appears to have signed the return receipt card, as evidenced by the attached return receipt card; that a copy of the aforementioned cover letter dated May 24, 2002 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and SNELBAKERo BRENNEMAN SPARE hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are tree and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this rd 3 dayofJune, 2002. Notary Public SNELBAKER, BRENNEMAN & ~PARE -2- RJCHA/t.D C. SNELBAICEI~ KEITH O. BP~ENq,/F_MAN ,.SNELBAKER., BP,.ENNEMAN ~ SPAKE .ATTORNEYS AT LAW' MECHANICSBUR.G, PENNSYLVANIA 170.55 May 24, 2002 VIA FIRST CLASS MAIL and CERTIFIED MAIL NO: 7000 1670 0008 5047 1950 RETURN RECEIPT REQUESTED RESTRICTED DELIVERY Ray Richardson 93 Stillwater Road Freeport, Florida 32439 Re: Ruth A. Thomas vs. Ray Richardson In the Court of Common Pleas of Cumberland County, Pennsylvania No: 02-2556 Civil Term Child Custody Dear Mr. Richardson: Please note this firm's representation of Ruth A. Thomas in the above-captioned matter. Enclosed for service upon you is a certified, true and correct copy of the May 24, 2002 Order of Court In Re: Plaintiff's Petition for Emergency Relief. Also enclosed herewith is a true and correct copy of the Plaintiff's Petition for Emergency Relief. A copy of the underlying Complaint in the above-captioned custody action is also enclosed for your information. If you have an attorney, please have him or her contact me to discuss this matter. Very truly yours, PHS:j jo Enc, c,~ures Ruth A. Thomas Philip H. Spare EXItlBIT A SNELBAEER, BRENNEMAN SPARE _~- Postage $ ~ Cer~ifi6d F,,~ 2.1 Retum Receipt Fee 1.50 ~ (Endorsement Required) ~o~ment R~uimd) Richardson ,~ ter Road r,- :P~,-FIYfTa~ .... · OIII1~ ite~m 1, 2, and 3. A~o complete 1114 if Restricted Delivery is desired. · _1~ ~our nmne ~1 ~lress on the reverse I1~ can r~tum the card to you. · ~llll!l~thil ~ to the back of the maJlpiece, 1. A~II~ to: ~y ~chardson 9~ S~illwater Road lOrt, Florida 32439 2. A~l~le N urr, ber (Copy from serv/ce/ebeO A. Received e. ~ateof~bee/ ~ d#femnt f~om Item 17 I-I yee ~ address below: I-INo 3. s~,v~ Tyro 'ri Certified Mall r'l Express Mail f'l Regla~md [] Refl3~ Recetpt for Mem~Al~l~m · [] Insured Mall [] C.O.D, 4. i ~ ~ F~) ~ 1 EXHIBIT B RUTH A. THOMAS PLAINTIFF V. RAY RICHARDSON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-25S6 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Tuesday, June 04, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on Thursday, June 27, 2002 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. 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 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/ Dawn S. Sunday, Esq. 0~,~__ 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 ATrORNEY 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 RUTH A. THOMAS, : Plaintiff : : V. : : RAY RICH_ARDSON, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-2556 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of June, 2002, upon consideration of Plaintiff's Petition for Emergency Relief, and following a hearing at which the Plaintiff appeared with her counsel, Philip H. Spare, Esquire, and presented evidence in support of the petition, and at which the Defendant did not appear, either personally or through counsel, it is ordered and directed that, pending the custody conciliation conference in this case and further order of Court, neither parent shall remove Joshua Harris Richardson (d.o.b. June 9, 1993) from the jurisdiction of Cumberland County. /~44i~ip H. Spare, Esquire est Main Street Mechanicsburg, PA 17055 For the Plaintiff /~Ray Richardson 93 Stillwater Road Freeport, Florida 32439 Defendant, Pro Se By the Court, pcb ~V!O~,~HfO~ 3Hi' JO RUTH A. THOMAS, Plaintiff vs. : NO. 02-2556 : . IN CUSTODY RAY RICHARDSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ORDER OF COURT AND NOW, this ~-a day of ~ '~ D ,-> &~'~ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Ruth A. Thomas, and the Father, Ray Richardson, shall have shared legal custody of Shawn Derek Thomas "Derek", bom June 12, 1988, and Joshua Harris Richardson, bom June 9, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of Joshua and the Father shall have primary physical custody of Derek. The Father shall transfer custody of Joshua to the Mother on Saturday, August 17, 2002 at 8:00 p.m. at the Sleep Inn in Knoxville, Tennessee, unless the parties agree to a different place or time of exchange. 3. Each party shall have periods of partial custody with the Child not in his or her primary custody as arranged by agreement of the parties. 4. Each party shall be entitled to have reasonable telephone contact with the Child in the other party's primary custody. 5. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the flee and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. ViN¥'AT?,.~NN~ 6. This Order is entered pursuant to an agreement of the parties at 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, cc: rPhilip H. Spare, Esquire - Counsel for Mother / Ray Richardson, Father 8.q-oZ RUTH A. THOMAS, Plaintiff VS. RAY RICHARDSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2556 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCII,IATION 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH Shawn Derek Thomas (Derek) June 12, 1988 Joshua Harris Richardson June 9, 1993 CURRENTLY IN CUSTODY OF Father Father/Mother 2. A Conciliation Conference was held on July 31, 2002, with the following individuals in attendance. The Mother, Ruth A. Thomas, with her counsel, Philip H. Spare, Esquire. The Father, Ray Richardson, currently resides in Florida and participated in the Conference by telephone. The Father is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. bate Custody Conciliator