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Home My WebLink About00-06847 '" =^ ~- ';:'-'hl[IIiri~-" - ~cirr ."",'- .. JAMES R, MCCLAIN PLAINTIFF V, JESSICA LEE BEERS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 00-6847 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 16th day of October, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Huhert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 30th day of Novemher ,2000, at ---.!=30 a.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: Isl Hubert X. Gilroy. Esq. ft7 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 FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i. J.n,_.. ,-- " ~'- 'I~'~~ -< - . ,,~~''-~''<~'' ,-= .,-, -,-~ "" "" '-'~' 00 OCT! 7 "1!',ll"'\. ,....n. i-.~-l u. U~ CU~/[;C'L"" ... "~' LJ ..-l_n /'1 !:~ i: h.tl/ PEi\H\JZ)YLVi:;(Jr:L\! 11 I - 11J-/7.a? M- ~ ~ ~ 4 ~ /ot?<V ~ ~:... -,,! .u,L ~~;;- I/?-/)-dd /~:_ ~,-( ~ r-- ~/7 r -.d.d/ ;n 7 . .'" " _,~_,,,,'_'_~~f""""~''''_ 0 - ~ ~ ,~,,_.,~ _~lR'a'"",n~W,i'#Ni'$""~~~';""l\tf~e'Wi~~_~~l-:i'''''''~E'!~''''f~'i:!!''i~~ .,~Ml ,~- :'l~ -.. ~I '-~_~!i'f.t"';" . . JAMES R. MCCLAIN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 00 - 1.:.1>"7 C. I.;, LC 1€R...'f>\ JESSICA LEE BEERS Defendant CIVIL ACTION -- CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of ,19-, at .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 temponu)' order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entIy of a temporary or permanent order. FOR THE COURT, by: Custody Conciliator The Court of Common Pleas of Cumberland 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 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 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 ASSOCIA nON LAWYER REFERRAL SERVICE 2 UBERTY AVENUE. CARLISLE, P A 17013 (717) 249-3166 _, _ .~" 'L...J ., - "~!;~"~"'i',,' JAMES R. MCCLAIN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. (Jf). {" 'Y'I7 Ce.;;:J Ti.u.- JESSICA LEE BEERS Defendant CIVIL ACTION -- CUSTODY PETITION FOR CUSTODY AND COMES NOW, JAMES R. MCCLAIN, by his attorney, Timothy 1. Colgan, Esq., and files the following Petition: 1. Petitioner, JAMES R. MCCLAIN, resides at 1866 County Line Road, York Springs, Adams County, Pennsylvania since 1991. 2. Respondent, JESSICA LEE BEERS resides at 20 I Rear Bridge Street, New Cumberland, Cumberland County, Pennsylvania since 1998, 3. Respondents are the natural parents of one minor child, Corey A. Beers born 9/21/1998. 4. The child was born out of wedlock. 5. The child is presently in the care and custody ofthe Respondent. 6. There are no court orders establishing custody or visitation. 7. Petitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. Petitioner does not know of a person not a party to the proceedings who has physical - ",- , -. .......... - -~ - 1 ~ r.il.\fil5i<_t.-";--, custody of the children or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare ofthe child will be served by granting the relief requested herein. WHEREFORE, Petitioner requests the Court enter an Order granting shared legal custody and partial physical custody of the minor child to Petitioner. Dated: 1,z,., ',. Respectfully submitted, T~~~~ire WILEY, LENOX, COLGAN & MARZZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (7l7) 432-9666 J.D. #77944 S:ICUENTSICOLGAN'MCCIAlNICOMPLAIN,WPD .~~'. , VERIFICA TION I, JAMES R. MCCLAIN, verifY that the statements made in this document are true and correct to the best of iny 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. Date: 5e0-em\'~~ [)$, ().(XX) ~ if:. ~i~ ? l' S R. MCCLAIN - Plaintiff S:ICLIENTSICOLGAN\MCCLAINlCOMPLAIN. WPD ......ui=."_""""!I",!II_jo;:,.,,,... ~ ~ .... ~ ~, , ~I . ' "..- . -'~"'.~'" , "" D~r f\ 1 ?on Ii) ~v :) - f.~' <Jaf' JAMES R MCCLAIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JESSICA LEE BEERS, Defendant NO. 2000 - 6847 CIVIL IN CUSTODY COURT ORDER AND NOW, this S''' day of 7>c..u.....J,v - , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, James R McClain, and the Mother, Jessica Lee Beers, shall enjoy shared legal custody of Corey A. Beers, born September 2l, 1998. 2, The Mother shall enjoy primary physical custody of the minor child. 3, The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. For December 2000, every other weekend on Saturday and Sunday from 10:00 a,m. until 5:00 p.m. on each day. This shall start with the Father exercising the first weekend on Saturday, December 2, 2000. B. During the month of January 2001, every other weekend from Saturday at lO:OO am, until Sunday at 6:00 p,m. C. Starting February 2001 and thereafter, every other weekend from Friday at 6:00 p,m. until Sunday at 6:00 p.m. 4. The Mother shall always have custody on Mother's Day and the Father shall always have custody on Father's Day. The timeframe shall. be from 9:00 am. until 8:00 p.m, This provision shall supercede the alternating weekend custody schedule. 5. The Thanksgiving holiday shall be handled with two segments on Thanksgiving Day, the first being from 9:00 am, until 3:00 p.m. and the second segment being from 3:00 p.m. until 9:00 p.m. In even numbered years, the Father shall have the first segment and the Mother shall have the second segment with the parties alternating in odd numbered years. - A~ .' >~ ~~ ~- ., cc: I, -I - ,~ ~,i__. 'm0"C' 6, On the Christmas holiday, Father shall always have custody of the minor child on Christmas Eve from 8:00 p,m. until 10:00 a.m. on Christmas morning. Mother shall have custody from 10:00 a.m, on Christmas moming until 10:00 p.m. on December 26th, 7. The New Year's holiday shall be alternated between two segments with the first segment being from New Year's Eve from 10:00 a.m, until 7:00 p.m. New Year's Eve, and the second segment being from 7:00 p,m. on New Year's Eve until 7:00 p,m, on New Year's Day. The Father shall always have the first segment on even numbered years with the year 2000 New Year's Eve being considered an even numbered year, with the Mother having the second segment on even numbered years. The parties shall alternate thereafter, 8. For the Easter holiday, the Father shall always have custody on Easter Day from 9:00 a.m, until 3:00 p.m. and the Mother shall always have custody from 3:00 p.m, until 9:00 p.m. 9. The Father shall also have the ability to exercise two (2) weeks of summer vacation with the minor child which week shall be non-consecutive. Father shall notify Mother by May I sl of each year as to when he intends to exercise his periods of summer vacation, Father shall attempt to incorporate those weeks into his weekend of visitation. 10. Both parents shall keep the other parent advised with respect to their address and telephone number where they are living and also where they will be staying overnight in the event they are out of town with the minor child. Il. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. The parties may modify this Order if they agree. Absent an agreement, this Order shall control and the parties shall follow this Order. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator. Timothy J. Colgan, Esquire Joan Carey, Esquire BY THE COURT, /l.1i .~ . ~OO \' ~ '):6~C? V \ A~ 1. ... , '. .I ~-~""~~ -~~-'."-" . JAMES R. MCCLAIN, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JESSICA LEE BEERS, Defendant NO. 2000 - 6847 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML 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: Corey A. Beers, born September 2l, 1998, 2, A Conciliation Conference was held on November 30, 2000, with the following individuals in attendance: The Father, James R. McClain, with his counsel, Timothy J. Colgan, Esquire; and the Mother, Jessica Lee Beers, with her counsel, Joan Carey, Esquire. 3. The parties agree to the entry of an order in the form as attached. 1:2(' /50 DATE I