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HomeMy WebLinkAbout97-04123 ~ ~ ~ ~ v It ,~ ~ ~ . , ~ ~ \) ~ ':' - .':) ... '-.J ~ "C ..... ~ I t"-- ~ ,t i ORDER OF COURT AND NOW. upon consideration of the attached complaint. it is hereby directed that the parties and their respective counsel appear before \~O~ ~.~_I"'\~\.("1~' ,the conciliator. at 34,WeQ,,\\\-.,\*dnl\'C"~ on the L\ day of ~C\-,te~(. 1997. at 1\ Wo.,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 he 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. By the Court. \'.mwf\. ~. Ji.lli'(\.cln.1..l ~~ Custody Conci I iator t'tt:l~) U- 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, COURT ADMINISTRATOR. 4th FLOOR CUMBF.RLAND COllNTY COURTHOUSE CARLISLE. PENNSYLVANIA 17013 TELF.PHONE NUMBF.R: 1717) 240-6200 AMERICANS WITH DISABILITIES ACT Of 1990 The Court of Common Pleas of Cumbe~land County is required by law to comply with the Americans with Disabilities 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 arranaements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearlnR, PETITION FOR MODIFICATION AND CONTEMPT The plaintiff, Teri Bekhit, avers the following by and through her attorney, Joan Carey of Legal Services, Inc,: 1, The plaintiff is Teri Bekhit, hereinafter referred to as the mother, residing at 1205 Heritage Lane, Apartment 132, Lebanon, Pennsylvania 17042, 2, The defendant is John Backenstoes, hereinafter referred to as the father, residing at 1284 Boiling Springs Road, Boiling Springs, Pennsylvania 17007, 3. The parties are the parents of Ashlie Jayne Backenstoes, born June 30, 1983, and Tabatha Ann Backenstoes, born December 4, 1984, 4, On or about June 21, 1990, Judge Herbert A, Schaffner entered an order in the Dauphin County Court of Common Pleas granting both parents shared legal custody, the father primary physical custody, and the mother partial physical custody according to the following schedule: a. From June 1, 1991 to August 3, 1991, on alternate Saturdays from 8:00 A,M. to 6:00 P,M, Commencing on August J, 1991, on alternate weekends from Saturday at 8:00 A.M. to Sunday at noon. b, On holidays- to include Thanksgiving Day, Ashliet. Birthday, New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Christmas Eve and Christmas- on an alternating basis, both consecutively and from year-to-year, from 10:00 A.M. until 5:00 P,M" with the rotation beginning with Defendant having the children for Thanksgiving Day, 1989, and Plaintiff having them for that holiday in 1990, and so on; c, Each year on Tabatha's birthday, and on Ash1ie's birthday in those years other than as set forth in "B" above, from 4:00 P,M, until 8:00 P,M,; d, Every Mother's Day (with Plaintiff similarly having them for every Father's Day). A certified copy of the custody order is attached and incorporated by reference, 5. On or about June 18, 1995, Tabatha went to live with the mother, and continues to reside with her in Lebanon, PA" by agreement of the mother and father, The Dauphin County CUstody Order has not been formally modified to reflect the status quo, but the mother is in the process of doing so, 6, Since on or about June 21, 1990, the father has willfully disobeyed the court order as to Ashlie in that he has denied the mother her periods of partial physical custody in spite of the mother's consistent attempts to exercise her custody, 7. The Custody Order of June 21, 1990, should be modified for reasons including, but not limited to, the following: a. It is in the best interests of Ashlie to continue her relationship with her mother through continued and consistent TERI BEKHIT, . IN THE COURT OF COMMON PLEAS OF , Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. . . , NO,97- 1/~J CIVIL TERM . JOHN BACKENSTOES, . , Defendant , CUSTODY . COMPLAINT FOR CUSTODY 1, The plaintiff, Teri Bekhit, hereinafter referred to as the mother, resides at 1205 Heritage Lane, Apartment 132, Lebanon,PA 17042. 2. The defendant, John Backenstoes, hereinafter referred to as the father, resides at 1284 Boiling Springs Road, Boiling Springs, PA 17007. 3. The plaintiff seeks shared legal and partial physical custody of the following child: Present Residence 1284 Boiling springs Road Boiling springs, PA 17007 The child was not born out of wedlock, ~ 14 ~ Ashlie Jayne Backenstoes The child is presently in the custody of the father, who resides at 1284 Boiling Springs Road, Boiling springs, Pennsylvania 17007. During the past five years, she has resided with the following persons and at the following addresses: ~ John Backenatoes Lori Backenatoe. Alexia Backenatoes Address 1284 Boiling Springs Road Boiling spring., PA 17007 ~ 1994-1997 John Backenatoes Lori Backenatoe. Alexia Backenatoea Lewiaberry, PA 1992-1994 concerning the child pending in a court of this Commonwealth. 8, The 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 for reasons including, but not limited to, the following: a, It is in the best interests of Ashlie to continue her relationship with her mother through continued and consistent periods of custody. b. It is not in Ashlie's best interests to be separated from her sibling, Tebatha, who resides with the mother. c. The father has at times denied the mother access to Ashlie and has consistently and unreasonably limited contact between the mother and Ashlie to visits at his home, only allowing a few visits away from his home. d. The father has unreasonably limited phone contact between the mother and Ashlie. 10. Each parent whose parental rights to the child have not been terMinated and the person who has physical custody of the child have been named as parties to this action. , ,0 r, ,.,0 '" ---4 " : , ~ '1 ,....., C) -:;1 :-J , ) ~ ." , " '-, , ) ~.1 < , \.0,) .... ?f.- t ~ ~ .. "" " t .-'-~ .. Teri Bekhit, : IN THE COURT OF COMMON PLEAS OF Plaintiff , . CUMBERLAND COUNTY, PENNSYLVANIA vs. , , , NO. 97- '1/.13 CIVIL TERM . : John Backenstoes, . . Defendant . CUSTODY . PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow the plaintiff, Teri Bekhit, to proceed in forma DaUDeris. I, Joan carey, 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. The party's affidavit showing inability to pay the costs of litigation is attached hereto. II /. ,/ , / 'A-vu \.::'Ul.<---'A /Joan 'carey (I 'Attorney for Plaintiff LEGAL SERVICES, INC, 8 Irvine Row carlisle, PA 17013 (717) 243-9400 Teri Bekhit, . IN THE COURT OF COMMON PLEAS OF . plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 97- 'II ~J I CIVIL TERM , , John Backenstoes, Defendant , CUSTODY . A!FIDAVIT IN SUPPORT OF PETITION FOR ~EAVE TO PROCEED IN FORMA PAUPERIS 1, I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2, I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation, 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct, (a) Name: Teri Bekhit Address: 1205 Heritaqe Lane, ADartment 132 Lebanon. PA 17042 social Security Number: 203-52-6091 (b) If you are presently employed, state Employer: palmvra Diner Address: 1061 East Main Street Palmvra, PA 17078 salary or wages per month: $1148.00 Type of work: Waitress If you are presently unemployed, state Date of last employment: N/A Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or profession: N/A Other self-employment: N/A plaintiff IN THE COURT OF cx:t1MON PLEAS OF : CUMBERLAND COONTY, PENNSYLVANIA TERI BEKHIT, , . vs. : NO. 97-4123 CIVIL TERM : JOlIN BACKDlSTOES, Defendant : CIVIL ACTION - LAW : CUSTODY/VISITATION awm OF <XllR'r AND tuft this ~ day of C~ ~, .. 1:.4, 1997, upon consideration of the attached CUstody Conciliation Report, it is ordered and directed as follO\(s: I. 'l1le provisions governing custody of Ashlie Jayne Backenstoes set forth in the Order dated June 21, 1991 and entered in the Dauphin COUnty COurt of 0:II1In0n Pleas, are vacated and replaced with the provisions of this Order. 2. The Mother, Teri Bekhit, and the Father, John Backenstoes, shall have shared legal custody of Ashlie Jayne Backenstoes, born June 30, 1983. 3. The Father shall have primary physical custody of the Olild. 4. The Mother shall have partial physical custody of the Child on alternating weekends, beginning the weekend of Septelltler 13, 1997, from Saturday at 8:00 a.m. through Sunday at 6:00 p.m. The Mother's weekend periods of custody may be expanded to begin on Friday evening at 6:00 p.m. as permitted by Ashlie's activities and hanework schedule. 5. The Mother shall have partial physical custody of the Olild for an additional one week period during each month of the sunmer school break every year from the Friday or Saturday of the Mother I s regular weekend period of custody through the follO\(ing Sunday. 6. The parties shall alternate having custody of the Olild on holidays as follO\(s: A. Olristmas: The Olristmas holiday shall be divided into Segment A, which shall run from Olristmas Eve at 12:00 noon until Olristmas Day at 12:00 noon and Segment a, which shall run from Olristmas Day at 12:00 noon until Decelrber 26 at 12:00 noon. 'l1le Mother shall have custody of the Child during Segment A in odd m:.ltJered years and during Segment a in even nUll'bered years. 'l1le Father shall have custody of the Olild during Segment A in even nUll'bered years and during Segment a in odd nUll'bered years. a. Alternat!!!g holidaI!: The parties shall alternate having custody of the Olila from 10:00 a.m. until 5:00 p.m. on the follO\(ing holidays, beginning with the Mother having custody of the Child on Thanksgiving in 1997: Thanksgiving, New Years Day, Easter, Memorial Day, Ashlie's birthday, July 4th and Labor Day. C. Mother's Day/Father's Day: The Mother shall have custody of the Child in every year on Mother's Day and the Father shall have custody of the Child in every year on Father's Day. 7. '!tie Mother shall also have custody of the Child at such other times as arranged by mutual agreement of the parties. 8. '!tie Mother agrees to provide reasonable notice to the Father of any cancellations of a scheduled period of custody. 9. In the event of necessary cancellation by either party of a scheduled period of custody, the parties shall negotiate an alternative/substitute period of custody within a reasonable time frame. 10. The parties shall share transportation for exchanges of custody under this Order by meeting half way between their residences unless otherwise arranged by agreement of the parties. 11. The parties shall PraIlltly inform each other of any changes in their respective addresses or telephone nunbers. 12. Neither party shall remove the Olild fran the Catmonwealth of Pennsylvania for an overnight period or longer without first providing the other party with an address and telephone nunber where the Child can be reached. 13. The Mother shall be entitled to reasonable telephone contact with the Child up to two times per week during weekdays and one time during the Father's periods of weekend custody. 14. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order shall control. BY TIlE CXXIRT, J. ee: Joan Canyt Esquire - COUnsel for John Back_toes - Pro se er ~.L.~~(,.( "p"If? j,~ TERI BEKHIT, : IN THE OOURT OF CQolMOO PLEAS OF : CUMBERLAND COONTY, PENNSYLVANIA Plaintiff . . vs. : NO, 97-4123 CIVIL TERM . . JOON BACKENSTOES, Defendant : CIVIL ACTION - LAW : CUS'roOY/VISITATION CUl'l'OOlC CXH:ILIATION SlJIlARY RERRl' IN ACXXIUlANCB WI'J.'II aJmIlRLAND aumc RllLB OF CIVIL PR)"" liD 1915.3-8, the undersigned CUstody Conciliator submits the following report: I. 'ltle pertinent information concerning the Child who is the subject of this litigation is as follows: NMB IlM'B OF BIR'l'H OIlRENlLY IN CUl'l'OOlC OF Ashlie Jayne Backenstoes June 30, 1983 Defendant/Father 2. A Conciliation Conference was held on Septentler 4, 1997, with the following individuals in attendance: The Mother, Teri Bekhit, with her COUIl8el, Joan Carey, Esquire, and the Father, John Backenstoes, Pro Se, and his wife, Lori Backenstoes. 3. A pdor CUstody Order was entered in this matter on June 21, 1991 by Judge Herbert A. Schaffner in the Dauphin County Court of Comnon Pleas at !locket No. 1640 5 1989. 'ltle Order set forth cuatody arrangements with respect to Ashlie Jayne Backenstoes, born June 30, 1983 as well aa for the parties' other daughter, Tabatha Ann Backenstoes, born Oecelrber 4, 1984. The Order awarded primary physical custody of the Children to the Father subject to a partial custody schedule for the Mother. By agreement of the parties in June 1995, the Mother aasumed primary physical cuatody of the parties' youngest daughter, Tabatha. Tabatha continues to live with the Mother in Lebanon County. The Father continues to have primary physical custody of Ashlie, who is the subject of this Petition, and currently resides in Boiling Springs, Cuntlerland County. The parties are currently in the pcocess of negotiating modified custody arrangements for Tabatha, which they intend to have entered as a Court Order in Lebanon County where the Olild resides wi th her Mother. 4. The parties agreed to entry of an Order in the form as attsched with respect to cuatody arrangements for Ashlie with the exception of the provision governing telephone contact between the Mother and the Olild, which is the reco......ndation of the Conciliator. The illSue of telephone contact was the subject of much controversy at the Conference, with the Mother seeking to have three (3) telephone calls with Ashlie each week. and the Father requesting that the contacts be limited to two (2) per WMlt. <~IWI~1 9 /997 Da~ ,. 'r~~,~L~ wn s. YI Esqu f'8 CUstody Conciliation ~i~ 'I I I ~1~~8 ~ ". :f J i i Ol~ ... .. ~i !-a 1- ... J ... .j ;;, f , ~ CIl ~ . ,~'Il J ~I~~i ~ ~ ... II ;.I ;, to llo c! ii~' t Ii !11~ , ~ j ~ j I - . - jip,C<=::a ~ ~ ~ i i ~ .. .. ~ . .. . , , , . f, A. 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