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HomeMy WebLinkAbout03-1712 COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS DEBORAH B. CHAPMAN, f/k/a DEBORAH A. BEENE, VS. Plaintiff, JAMES McGUIRE BEENE, Defendant. Civil Action No.(:2 ..~ - Hon. DEBORAH B. CHAPMAN, DEBORAH A. BEENE In Pro Per F/K/A STIPULATED VERIFIED PETITION FOR REGISTRATION AND AMENDMENT OF JUDGMENT OF ABSOLUTE DIVORCF Plaintiff, Deborah B. Chapman, f/k/a Deborah A. Beene, in pro per, brings this "Stipulated Verified Petition for Registration and Amendment of Judgment of Absolute Divorce" as follows: 1. Plaintiff and Defendant were married on February 21, 1987 in Palm Spring, California (Sacramento County). 2. During, and as a result of, the marriage, one (1) child was born to the parties, James Skinner Beene V, on May 17, 1987. 3. On June 19, 1992, a "Judgment of Absolute Divorce" ("Judgment") was granted to the parties in the Frederick County Circuit Court of Maryland, civil action no. 9329E, said "Judgment of Absolute Divorce" being entered on June 22, 1992. The Judgment is attached hereto as Exhibit A. Skinner Beene V is hereby awarded onto the plaintiff, Deborah A. Beene". A. 5. The Judgment provides, "that the guardianship and custody of James See Exhibit The Judgment was never amended and plaintiff still has custody of the minor child, James Skinner Beene V. 6. On January 2, 2002, defendant James McGuire Beene died. of the Death Certificate attached hereto as Exhibit B. 7. At the time of defendant's death, the minor child was residing with defendant and his then current wife, Sheri Beene, in Windsor, California. Plaintiff was at that time, and still is, residing in Snohomish, Washington. 8. From the date of defendant's death until January 2003, the minor child continued to reside with the deceased defendant's spouse, at which time the minor child relocated to Cumberland County, Pennsylvania to reside with the deceased defendant's brother, Thomas Joseph Beene. 9. The minor child has not resided with plaintiff since June 1994. 10. Upon his relocating to Cumberland County, Pennsylvania to reside with Thomas Joseph Beene and Suzy Lee Atkins (Husband and Wife), the minor child was enrolled in the local public schools and currently attends Cedar Cliff High School. 11. Due to the circumstances of her life, plaintiff has neither the financial nor physical ability to raise and care for her minor child, James Skinner Beene V. Deceased defendant's brother, Thomas Joseph Beene, has the financial and physical means to raise and care for the minor child, James Skinner Beene V. 12. Thomas Joseph Beene resides at 27 Fort Street, Lemoyne, Cumberland County, Pennsylvania with his wife, Suzy L. Atkins, and two (2) children, Jillian (D.~.B. See a copy 2 2/24/87), Parker (BOB 3/5/95) and the minor child at issue, James Skinner Beene V. Thomas Joseph Beene is gainfully employed with the Commonwealth of Pennsylvania in the Public Utility Commission as an Assistant Director of Legislative Affairs, earning in excess of $65,000 per year, together with health insurance coverage and other state provided benefits of employment for him and his family. 13. It is in the minor child's best interests for the "Judgment of Absolute Divorce" to be amended to provide for the minor child's custody to be changed from plaintiff Deborah B. Chapman, f/k/a Deborah A. Beene, to the deceased defendant's brother, Thomas Joseph Beene for the following reasons: A. Both plaintiff and Thomas Joseph Beene love the minor child and the minor child loves his mother and his uncle Thomas, aunt Suzy and his cousins Jillian and Parker. B. Plaintiff cannot provide the necessary and adequate guidance for the minor child's best interests including in the areas of religion, education and other significant areas of life. Thomas Joseph Beene can provide, and is currently providing, the minor child with a loving, nurturing home environment and guidance with respect to his education, religion, morals and ethics and other important aspects of the minor child's life. C. Plaintiff lacks the financial means to properly house, clothe, feed and provide medical care and other material necessities of life for the minor child, while Thomas Joseph Beene is currently providing all such necessities of life, and can and will continue to do so. 3 Bo unit for the minor child whereas plaintiff permanent family unit for the minor child. D. The minor child has resided in a stable and satisfactory environment with Thomas Joseph Beene since relocating to Cumberland County, Pennsylvania. The minor child has not resided with the plaintiff since May 1994. Thomas Joseph Beene and his family present a permanent family has not, and cannot, provide a F. Thomas Joseph Beene and his family are morally fit to exercise custody over the minor child. G. Thomas Joseph Beene is mentally and physically fit to care for the minor child. Plaintiff suffers from a number of physical ailments as a result of a motor vehicle accident that occurred 6 months ago. H. The minor child has adjusted well to his new home and school and is doing well academically. I. The minor child is 15 years old and is of a sufficient age and maturity to express his preference. The minor child, James Skinner Beene V, desires, and believes it to be in his best interests, to reside on an ongoing basis with Thomas Joseph Beene and his family and for Thomas Joseph Beene to have custody of the minor child. J. Thomas Joseph Beene and his family will continue to foster a close and continuing relationship between the minor child and his mother, Deborah B. Chapman, f/k/a Deborah A. Beene. K. There have never been any incidents of domestic violence involving the plaintiff and her son, nor Thomas Joseph Beene, his family and the minor child, the issue not being relevant to this case. 4 L. Plaintiff is aware of, and appreciative that, Thomas Joseph Beene, and the deceased defendant's mother (the minor child's paternal grandmother) all live in close proximity to each other. The minor child and his grandmother have a close and loving relationship which is in his best interest to foster and encourage. Thomas Joseph Beene is a responsible, loving and caring individual who provides a loving, stable, supervised and nurturing environment which the minor child requires, and will provide for all of the minor child's physical and psychological needs. The minor child loves his uncle, aunt, cousins and grandmother and desires to continue the established custodial environment with Thomas Joseph Beene and his family. 14. Thomas Joseph Beene has registered the Maryland Judgment of Absolute Divorce with this Court under the Uniform Child Custody Jurisdiction and Enforcement Act/Uniform Child Custody Jurisdiction Act. 15. Plaintiff and Thomas Joseph Beene respectfully request that this Honorable Court take jurisdiction of this case for the purpose of amending/modifying the Judgment of Absolute Divorce to award custody of the minor child James Skinner Beene V from plaintiff Deborah B. Chapman, f/k/a Deborah A. Beene, to Thomas Joseph Beene. WHEREFORE, petitioner plaintiff Deborah B. Chapman, f/k/a Deborah A. Beene, respectfully requests that this Honorable Court grant her request to exercise jurisdiction 5 MSN Hotmail - Message Page 6 of 8 in this case and enter the "Stipulated Order Amending Judgment of Absolute Divorce" attached hereto as Exhibit D. I DECLARE THAT THE STATEMENTS ABOVE ARE TRUE TO THE BEST OF MY INFORMATION, KNOWLEDGE AND BELIEF. flk/a A. Beene, Plaintiff STATE OF WASHINGTON ) )SS Deborah B. Chapman, Deborah The foregoing was acknowledged before me this ,..? ,-/¢ A day of '~'~~ ,2003 by Deborah B. Chapman. Subscribed and sworn to before me on o7,-/~ 7'2d~z~t '~ / ,2003. Notary Public ~o~O)~/~ County, Washington My commission expires: http://by2fd.bay2.hotmail.msn, com/cgi-bin/getmsg?curmbox=FO00000001 &a=8ccOa5408c,... 3/22/2003 ThomasCseph Beene COMMONWEALTH OF PENNSYLVANIA ) )ss COUNTY OF ~ ) The foregoing was acknowledged before me this 2003 by Thomas Joseph Beene. Subscribed and sworn to before me on ~,¢~. /., ,2003. .,.b~,/',i,~. / / ¢ Notary Public ~ County, Commonwealth of Pennsylvania My commission expires: ~, ~'z-o3 IW ' NOTARIAL SEAL ' ~ ENOY J. KEEZEL, Notary Seat day of DEBORAH A. BEENE * IN THE Plaintiff * CIRCUIT COURT vs. * FOR JAMES MCGUIRE BEENE * FREDERICK COUNTY Defendant ' · CIVIL.NO. 9329E JUDGMENT' OF ABSOLUTE DIVORCE . This cause standing ready for hearing and being duly submitted, the proceedings were by the Court read and considered.. ' this /d o~f~ ,[ day., 1992, · It is thereupon, Court for Frederick. Coun ,~JUDGED, ORDERED by the Circuit AND DECREED that the above Plaintiff, Deborah A. Beene, be · and she 'is hereby awarded an Absolute Divorce from the Defendant, James-McGuire Beene; and IT IS FURTHER ADJUDGED, ORDERED AND DECREED that the guardianship and custody 'of James Skinner Beene V is hereby awarded unto the Plaintiff, Deborah A. Beene, with the right unto the Defendant, James McGuire Beene, to visit and be visited by said minor James Skinner Beene V at reasonable times and places as agreed to by the parties; subject, however, to the continuing~ 3u.,risdiction of this Court. C!I~IF.' , ~:. 360 ~:39 ;or coloniC2 .cai Inc. California Licen~nlal Pulmonary, ribrodim . . ,.. siopey 09/12/20q.1 I o~/02/20.02 Rosa o2-o~fT ....... COUNTY ~OCAL MEG~STRAP,:" .. COUNTY, OAL 17 12BO DEBORAH A. BEENE Plaintiff VS. JAMES MCGUIRE BEENE Defendant * * * * * * * * * * * * * * * * JUDGMENT OF ABSOLUTE DIVORCE IN THE CIRCUIT COURT FOR FREDERICK COUNTY CIVIL NO. 9329E This cause standing ready for hearing and being duly submitted, the proceedings were by the Court read and considered, of~~~~ It is thereupon, this I~ day 1992, by the Circuit Court for Frederick. Coun~JUDGED" oRDERED AND DECREED that the above Plaintiff, Deborah A. Beene, be and she is hereby awarded an Absolute Divorce from the Defendant, James McGuire Beene; and IT IS FURTHER ADJUDGED, ORDERED AND DECREED that the guardianship and custody of James Skinner Beene V is hereby awarded unto the Plaintiff, Deborah A. Beene, with the right unto the Defendant, James McGuire Beene, to visit and be visited by said minor James Skinner Beene V at reasonable times and places as agreed to by the parties; subject, however, to the continuing jurisdiction of this Co rt. 2/ STATE OF MARYLAND FREDERICK COUNTY, to wit: I HEREBY CERTIFY that the aforegoing is a full, true and correct copy of the Judgment of Absolute Divorce entered on June 22, 1992 in the case by and between Deborah A. Beene and James McGuire Beene. No. 9329 Equity truly taken and copied from the record of proceedings in the Circuit Court for Frederick County, Maryland. In Testimony Whereof, I hereto subscribe my name and affix the Seal of the Circuit Court for Frederick County at Frederick, Maryland, this 4th day of March A. D., 2003. Clerk of the Circuit for Frederick County, Maryland IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY APR 1 6 2003 DEBORAH B. CHAPMAN, f/k/a DEBORAH A. BEENE, Plaintiff V. JAMES MCGUIRE BEENE, Defendant Civil Action No. ORDER AND NOW, this 1'~ ~lay of /"4,,~ ,200:3, upon consideration of the Petition for Registration and Amendment of Judgment of Absolute Divorce, it is hereby ORDERED that said petition is GRANTED. BY THE COURT: ,J.