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HomeMy WebLinkAbout07-1827 DARRYL E. BETTS Plaintiff V. MARLENA S. BETTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07 - IolkT ?r ut ` ?- CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Darryl E. Betts, an adult individual who currently resides at PO Box 366, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Marlena S. Betts, an adult individual who currently resides at 7535 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following children: Name Present Residence Are 1. Cariana Betts 7535 Wertzville Road 13 years Carlisle, PA 17013 (DOB 8/9/93) 2. Mandi Betts 7535 Wertzville Road I 1 years Carlisle, PA 17013 (DOB 1/25/96 The children were born during the marriage of Plaintiff and Defendant. The children are currently in the custody of Defendant, who reside at 7535 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17013. During the past five (5) years, the children have resided with the following persons and at the following addresses: Names Address Dates 1. Darryl E. Betts and 7535 Wertzville Road 1/1/02 - 10/06 Marlena S. Betts Carlisle, PA 17013 2. Marlena S. Betts 7535 Wertzville Road 10/06 - present Carlisle, PA 17013 The Mother of the children is Defendant, Marlena S. Betts, who currently resides at the address listed above. She is married to the Plaintiff. The Father of the children is Plaintiff, Darryl E. Betts, who currently resides at the address listed above. He is married to the Defendant. 4. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides with the following persons: Name Relationship None 5. The relationship of the Defendant to the children is that of natural mother. The Defendant currently resides with the following persons: Name Relationship Cariana Betts Mandi Betts Daughter Daughter 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the joint legal and joint physical custody of the children for the following reasons: A. The granting of the relief requested will be in the best interest and permanent welfare of the children. B. Defendant has been involved in a lengthy extra marital affair with another man which has been harmful to the marriage and the children. C. Plaintiff is in the best position both financially and emotionally to act as the primary custodian of the children. D. Plaintiff believes that the scheduling of reasonable visitation between both parties would be more appropriate and more in line with the best interests of the children. 8. Each person 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: N/A. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant primary legal and physical custody of the child to him with reasonable visitation to Defendant. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, L.L.P. By: Karl R. Hildabrand Attorney I.D. No. 30102 840 E. Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorney for Plaintiff VERIFICATION I, DARRYL E. BETTS, verify that the statements made in the foregoing document are true and correct to the best of my 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: ?q b7 By: Darryl E. Betts Q ? d j. N N O -rt -? m _hs r 1Cl C?a s DARRYL E. BETTS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARLENA S. BETTS DEFENDANT 07-1827 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 26, 2007 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at _ 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 08, 2007 at 10:30 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 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/ acqueflne M. Verney, Esq. 64 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 40 Os :Z Wd 9Z 8CIV LOU AU'VK4,41 Di ld 3SHI da dIOl2tlld rara9 2W7 ?11 DARRYL E. BETTS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-1827 CIVIL ACTION - LAW MARLENA S. BETTS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 11J44 day of /A 0"510' , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is sche ed in Court Room No. 3 , of the Cumberland County Court House, on the IV?day of , 2007, at o'clock, A. M., at which time testimony will a taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Father, Darryl E. Betts and the Mother, Marlena S. Betts, shall have shared legal custody of Carianna Betts, born August 9, 1993 and Mandi Betts, born January 25, 1996. 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the'oextent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Mother shall have primary physical custody of the children. 5. Father shall have periods of partial physical custody as follows: A. During the school year, beginning May 18, 2007, alternating weekends from Friday at 6:00 p.m. to Monday morning when Father shall deliver the children to school. Except that during Father's weekends, he shall transfer physical custody of the children to Mother on Sunday at 7:30 a.m. to 2:00 p.m. B. On the off week, from Tuesday at 6:00 p.m. to Wednesday morning when Father shall deliver the children to school. C. During the summer, week on/week off. The exchange day and time shall be Friday at 6:00 p.m. Mother shall have the first full week after school ends. Except that during Father's week, he shall transfer physical custody of the children to Mother on Sunday at 7:30 a.m. to 2:00 p.m. D. Provided however, that until Father has appropriate accommodations for the children, the children shall stay overnight at their paternal grandparents' home. 6. In the event that either party is in need of a babysitter for more than three (3) hours, the custodial parent shall notify the non-custodial parent of the babysitting opportunity in sufficient time for the non-custodial parent to accept said time. 7. The summer holidays of Memorial Day, July 4t' and Labor Day shall be shared as agreed by the parties. 8. Transportation shall be shared such that the receiving party shall transport, except on Sundays when Father shall be responsible for all transportation. 9. The parties shall participate in family counseling with the children. Mother shall be responsible for arranging the counseling. 10. Neither party shall do or say or permit a third party to do or say anything that may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. 11. The parties may modify thQis is Order by mutual consent. In the absence of mutual consent, the terms control. BY cc:zarl R. Hildabrand, Esquire, Counsel for Father /inda A. Clotfelter, Esquire, Counsel for Mother y on DARRYL E. BETTS, Plaintiff V. MARLENA S. BETTS, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1827 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carianna Betts August 9, 1993 Mother Mandi Betts January 25, 1996 Mother 2. A Conciliation Conference was held in this matter on May 8, 2007, with the following in attendance: The Father, Darryl E. Betts, with his counsel, Karl R. Hildabrand, Esquire, and the Mother, Marlena S. Betts, with her counsel, Linda A. Clotfelter, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal and partial physical custody on alternating weekends and one overnight on the off week during the school year and week on/week off in the summer and alternating or shared holidays. Father asserts that he has a close bond with the children which he wishes to continue and that the children want to have contact with him. He asserts that Mother has denied him overnight time with the children. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, with Father having liberal time with the children but no overnights. Mother maintains that the children do not want to stay overnight with Father. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and ordering shared legal custody, Mother having primary physical custody, Father having alternating weekends, one overnight during the off week, and week on/week off in the summer. It is expected that the Hearing will require one day. Date ac eline M. Verney, Esquire Custody Conciliator DARRYL E. BETTS, Plaintiff Vs. MARLENA S. BETTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-1827 : CIVIL ACTION -LAW : CUSTODY PRAECIPE TO WITHDRAW AND ENTER APPEARANCES TO THE PROTHONOTARY: Kindly withdraw the appearance of Linda A. Clotfelter, Esquire, as attorney for Defendant, Marlena S. Betts, in the above captioned matter. Dated: s'l L" da A. Clotfelter, Esquire P Supreme Court ID No. 72963 5021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 796-1930 Kindly enter the appearance of Jeannd B. Costopoulos, Esquire, as attorney for Defendant, Marlena S. Betts, in the above captioned matter. Dated: 1©Af- aCostopoulos, Esquire PA Supreme Court ID No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 221-0900 ? r-? ? "'>?- ?=, > ? r i .._ ? Jl' x" . .. "4r a+, ?,; -???. 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