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HomeMy WebLinkAbout99-02274 (2) r;(~: W.f~: ,.;..'/0 Ii '~ ~~,;, ~~-' .~~.;;,>,~:.);:, .~l~J\':";~::/; ",..~ ' ;i~' ~f/~ iiii~ ,~if:;,til ~~,' -, ~ r" " ""1",, .,," ,~~.r,;'~:; " ",,'." , , / ~:~::f:\<;;' ""( '-".~ '", ~;'~ ,0 ;,~",,;,; t '. .'.' , :~,:.,:'..'..,\.' ;;;~.~~ .: ,...... ;,j"..' r,.n. -.".,,-- .~ t''i :"~, So. it..:. ' ,,~~. ;'''- ,;~ ',<:,~,'_. ~ ::\: ,,-:,," ;ft.: ':0: '~\~~:i ,.. ] the Father may have uninterrupted visitation of the said minor child during the weekend and such contiguous days. ~ ~ 4 ~ f p 5. The parties shall alternate the following hOlidays: * New Year's Eve/Day, Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, such that those u 1 , . hOlidays will be broken into two segments. Segment A will include New Year's Eve at 6 p.m. through New Year's Day at 6:00 p.m., Memorial Day, and Thanksgiving. Segment B will include Easter, Fourth of JUly, and Labor Day. Mother shall have Segment A in even- numbered years and Father shall have Segment B in even-numbered years. Mother shall have Segment B in odd-numbered years and Father shall have Segment A in odd-numbered years. All holiday visitations, other than New Year's, will be from 9:00 a.m. to 6:00 p.m. They may also be contiguous with visitation or custodial period of the previous or subsequent day(s). 6. The parties shall alternate the Christmas hOliday so that the period will begin from December 24 at 9:00a.m. until December 25 at noon, and from December 25 at noon until December 26 at 6:00 p.m. Father shall have the first period in all even-numbered years and the second period in all odd-numbered years. Mother shall have the first period in all odd-numbered years and the second period in all even- numbered years. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMDERLAND , On this, theJ~ day Of~ notary public the undersigned officer, - 1999, before me a personally appeared Tami L. Noggle and Jonathan M. Deck. know to me ( or satisfactorily proven ) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the /~; ,'I , same for the purpose therein contained. ::Ie 11' " ;'f IN WITNESS WHEREOF, I have hereunto set my hand and notorial ) <'( ) ';( ,ij f: NOTARY P " r NOTARIAL SEAL SO~IORA T NEFF. NOTARY PIlBLlC 1'I CARLISLE BCRO. CUMBERLAND COUN .' MY COMMISSION EXPIRES NOVEMBER 15. 1999 BY THE COURT, ~ " J. Ms. Tam! L. Noggle, pro se Mr. Jonathan M. Beck, pro se --" ~ } f? 0' r: a. (j <f '" 1-' f:j, X:. 5? as 0 ~~.'" 10 uJ... 0":' (-.,.... ~ w.l.' ~ .')~~ (j I.L::':' .~: .- C- ()('.~ (};"'...l ~ .- 2)", '" :",.t-") ~ 2t loWt- ;)~ EEl , "" ,--ltlj ~ ~ n. ~~~ C1- -..'4 ... C' -:) 0 '" <.) " . TAMI L. NOGGLE, Plaintiff/Rcspondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 99-2274 CIVIL TER.\1 JONATHAN M. BECK, Defendant/Petitioner : IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION Petitioner, Jonathan M. Beck, by and through his counsel, MidPenn Legal Services, states the following: 1. DefendantlPetitioner, hereinafter referred to as Father, resides at 400 Seventh Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Plaintiff/Respondent, hereinafter referred to as Mother, resides at 117 Caldwell Lane, Winchester, Frederick County, Virginia, 22602. 3. The above-named parties are the natural parents of KaitIin N. Beck, born January 20, 1996. 4. The current Custody Order is dated April 15, 1999, and was prepared by Respondent. The parties entered into the agreement without representation. The Order (attached hereto as Exhibit A), in pertinent part, grants Mother sole legal custody and primary physical custody of Kaitlin. Father has periods of partial physical custody from Friday at 12:00 noon until Sunday at 5:00 p.m. Additionally, Father has one week of uninterrupted custody each month during the summer. The Order also sets forth a holiday custody schedule. 5. Mother has willfully disobeyed the Order in ways including, but not limited to, the following: a. Refusing to pemlit Fathcr to excrcisc his periods of partial custody. b. Refusing to allow Fathcr to have telcphonc contact with Kaitlin. c. Moving to various states without noticc to Fathcr, thus interfcring with his ability to cxcrcise his periods of partial custody. 6. Mother is not acting in Kaitlin's best intercst for rcasons including, but not limited to, the following: a. Mother has moved back and forth from Lancaster, Pennsylvania to four other states, Georgia, Illinois, Missouri and Virginia, after meeting men online. Mother does not discuss these moves with Father and does not attempt to work out new custody arrangements to ensure that he has timc with Kaitlin. b. Mother's actions have interfered with Fathcr's ability to develop and nurture a healthy father/daughter relationship with Kaitlin and that does not serve her best interests. c. Mother docs not allow Father to have reasonable telephone contact with Kaitlin. d. Mother does not communicate or attempt to cooperate with Father to better co-parent Kaitlin and her refusal to allow Father to participate in Kaitlin's life as a parent does not serve Kaitlin's best interests. 7. Father is entitled to modified periods of partial custody, which is in Kaitlin's best interests, for reasons including but not limited to the following: a. Father is eager to participate in Kaitlin's life. His inability to do so is the result of Mother's actions in constantly moving from state to state and interfering with Father's ability to exercise his pcriods of partial custody, b, Mother drafted the conscnt agreemcnt that is thc basis of thc currcnt custody order. Father's rights were unrcasonably diminished undcr this agrecment. Father cntercd into the agreement without knowing the extcnt to which his access to Kaitlin would be limited. c. Mother now lives in Winchester, Virginia and Kaitlin is in school, making it difficult for either party to comply with the partial custody schedule in the April 15, 1999, Order which starts Father's weekends at noon on Fridays. d. Father has a stable and safe home environment wherc he can provide appropriate supervision and shelter for Kaitlin children during periods of partial custody. 8. It is unknown whether Mother is represented and counsel for Father is unable to request concurrence for the relief requested in this Petition. WHEREFORE, Father respectfully requests that this honorable Court order the following relief: a. That Mother be found in contempt of the April 15, 1999, Court Order. b. That this matter be scheduled for a custody conciliation to establish terms of a modified custody schedule. c. That Father immediately be permitted periods of partial custody on alternate weekends until further order of the court and that the parties shall exchange ~~ >- - N >. et; t.. ;=, N ~-J~~ UJ~";J gC) ..- 1.....-- 0- .' ,. !.L."':- '.~! :.:.J . Qt..- a..- O?;! C") :/) u..: Wo- '.\ .' '-'LU co 'I ~~J \--f i:CF w ...... :,.~C_ ...-.3 , t5 =. ~J = <.) '" " )~ >- If) ~ ~ N N ...-~ ,-- ~~.~;~ W~ QC' "'- ~l_ .r "- "1 ::.~ .J_;- ~(:, C') .....,. r. IL ;.(? ~c.. .: ~ CO .::E~ u:lU u.J :r: u... t- "..,; U- ", ::5 ,,~ 0 = U ..... t '_. .. Plaintiff IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA APR 0 7 2006 </ TAMI L. NOGGLE, ,. Defendant NO. 99-2274 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. JONATHAN M, BECK, Hess, J. ORDER OF COURT AND NOW, this I ':!. day of April, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of April 15, 1999 is VACATED and replaced with the following: 1. Leaal Custodv. The parties, Tami L. Noggle and Jonathan M. Beck shall have shared legal custody of the minor child, Kaillin N. Beck born January 20, 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 child's general well-being including, but not limited to, all decisions regarding her 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 child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent 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. 2. Phvsical Custodv. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective April 7, 2006, on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. In addition to the schedule defined above, the Father shall, with one (1) week's notice to the Mother, have partial custody of the minor child for a period of up to two (2) weeks during the summer months. One (1) week may also be scheduled during winter school recess. In the event that such days are contiguous to a weekend, the Father may have uninterrupted partial custody of the minor child during the weekend and such contiguous days. . '- ...~ NO, 99-2274 CIVIL TERM C, Mother shall give Father notice of the child's cheer camp or other sports camps scheduled in the summer before the academic year is dismissed for purposes of Father planning his summer custodial schedule with the child, D. Father shall make a confirming telephone call to Mother on the Wednesday evening before his custodial weekend to confirm his intent to meet her on Friday evening to receive custody of the child. 3, Holidavs. The following holiday schedule shall supercede the regular schedule: A. Thanksalvina. Thanksgiving shall be defined as commencing on the Wednesday before Thanksgiving at 6:00 p.m. and continuing until 6:00 p,m. on the Friday following Thanksgiving. In even numbered years, Father shall have the Thanksgiving holiday and in odd numbered years, Mother shall have the Thanksgiving holiday. B, Easter. The Easter holiday shall be defined as Good Friday at 6:00 p.m. until 6:00 p.m. the day before school resumes after Easter. Mother shall have custody for Easter holiday in even numbered years and Father shall have custody of the child for the Easter holiday in odd numbered years. C. Christmas. Each year, Mother shall have custody for the Christmas holiday from the time school is out until December 26th at 6:00 p.m. Each year, Father shall have custody from December 26th at 6:00 p.m. until 6:00 p.m. the day before school resumes. 4, Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody. The child may initiate a telephone call to the non- custodial parent upon their request. Neither party shall interfere with the other party's telephone contact with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. 5. Transportation. The parties shall share transportation incident to custodial exchanges by meeting at Exit 3 off of 1-81 at the Comfort Inn near Greencastle, Pennsylvania. , . . '. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT Slate Commonwealth of Ptmns\llvania Co./City/Disl. o( CUMBERLAND Date o( Order/Notice 04/18/06 Case Number (See Addendum for case summary) EmpJoyerJ\VilhhCllcll'r's fl'der.lI [IN NumlX'r UNITED STATES POSTAL SERVICE> C/O PAYROLL BENEFITS BRANCH 2825 LONE OAK PKWY EAGAN MN 55121-1551 3\1 \<::r\ 05.S \ 0,(\,. ~\l.~ c:"'; \ RE: ERNE. ROCCO T. '83\\()2.0~S 200 S .2000 o Original Order/Notice <E> Amended Order/Nolice o Termindle Order/Notice Employer/Obligor's Nolrne (lasl, firsl. MI) 541-76-1400 Employee/Obligor's Soci.11 Security Number 8989100490 Employee/Obligor's Case Identifjer (S('(> Addendum for plaintiff names associoJred with cases on attachment) CuSlodi.l1 PJrent's NJmc (last. First. Mil See Addendum for dependent names and birth dates associated with cases on attachment, ORDER INFORMATION: This is an Order/Notice to Withhold Income (or Support based upon an order (or support from CUMBERLAND Counly, Commonweallh o( Pennsylvani". By law, you are required to deduct these amounts from the above,named employee's1obligor's income until further notice even if the Order/Notice is not issued by your State. $ S99. 59 per month in current support $ 0,00 per month in past-due support Arrears 12 weeks or greater? @yes 0 no $ so. 00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 649.59 per month to be forwarded to payee below, You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 149.91 per weekly pay period. $ 299.81 per biweekly pay period (every two weeks). $ 324.80 per semimonthly pay period (twice a month). $ 649.59 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the (irst pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state o( your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI. please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at '-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P,O, Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED, DO NOT SEND CASH BY MAIL, Date o( Order: APR 1 8 2006 Service Type M BY THE COURT: ~. ~ L'- l..f\ ~. \"\l;')-,) - r- O,\lll No , U'170.111H Form ~IL Worker 10 21005 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o I( checked you arc required 10 p'pvi\le a copy o( this (orm to your employee. I( your employee work. in a S1ale Ihat i. different from the !tlale th.u issue( Uus order..1 copy must b(' provlc1ed to your employee even If the box is not checked. 1. Priority: Withholding under this Order/Notice has priority OVl" ,my olhN Icg.1I process under Slolle ldw against the same income. Fcderaltax levies in effect before receipt of this orciN h.wc priority. If Ihrr(' .HC F(l(ft'ral tax levies in e(ft'CI plcdse contJcllhe rcquesling agency li.ted below. 2. Combining Paymenls: You e.lO combine withheld .lmounfs (rom morf' Ih,1/1 onr emflloy(>(>/ohli~or's income in a slngle payment 10 each agency requesting withholding. You must, however. !lep.1Ml('ly idC'nlify the portion of lht! single Ildymenlthat is Illlrlbutablc to each employeeloblillor. 3. '-Reporting"the Paydate/Date of-Withholding: Youmu,t report the payd.le/dale o( wilhholding when ,ending the payment,-The- paydaleldate-otwithholdingis-the date on which-ilmount was withheld (rom the employce','woges. You mull comply with Ihe law o( the state of the employee's!obligor's principal place of employment with resp~ct to the time periods within which you must implement the wilhholding order and (orward the .upport paymenl'. 4.' Employee/Obligor wilh Multiple Support Holdings: If there i. more Ihan one Order/Notice 10 Withhold Income (or Support against this employee/obligor and you iJTe unllblc 10 hono! all SU1JPOn. Order/Notices clue to fcdcrdl or St.Uc withholding limits, you must (arrow the law of the state of employec's/obligor's principal place of cmploymcrll. You must honor ,111 Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 4107600000 EMPLOYEE'S/OBLlGOR'S NAME: ERNE. ROCCO T. EMPLOYEE'S CASE IDENTIFIER: 8989100490 DATE OF SEPARATION: lAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. lump Sum Paymenls: You may be required to report and withhold (rom lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. liability: if you (ail to wilhhold income as Ihe Order/Notice direct.. you are liable (or both Ihe .ccumulated amount you .hould have withheld (rom the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in anolher Stale. in which case the law of Ihe State in which he or .he i. employed governs. 8. Anti-discriminalion: You arc subject to a fine determined under State law fordischarging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the Slate in which he or she is employed governs. 9.' Withholding limits: You may nol withhold more than the lesser 0(: 11 the .mounts allowed by Ihe Federal Consumer Credil Proteclion Act (15 U.S.c. ~1 673 Ib'l: or 2) Ihe amounl. allowed by the sl.le of Ihe employee's1obligor'. principal place o( employment. The Federal limit applie. 10 the aggregate di.posable weekly earning. (ADWEI. ADWE i. the net income left after making mandatory deductions such as: Stale, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a slate order, you may not withhold more than the amounts allowed under the law o( the state thaI issued the order. 10. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the .tate that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 I f you or your employee/obligor have any questions. contact WAGE ATTACHMENT UNiT by telephone at (717) 240-6225 or by FAX at (717) 240,6248 or by internet www.child.upporl.state.pa.us Service Type M Page 2 o( 2 Form EN,028 Worker ID 21005 ()MnNf).:n')lfl'(l1~.( l~'W >- <.D C" r;--, 2.' ;?; ':ouQ (") ~r;,: -- -,.,)~ :.-: l:')!--=-= "- .- "'iC' e:> , , arj~ "'0.. ;',') ::':i a:ltJ "'" / ~ 0_ ;,~..;~~ """ IL "" - 0 C;l :'J =- '" u " !VO, /91'7- :;ld- 7 L/ (Jvil +UIV\ f\l65'jh vs,. Beck c. Q(l\f 10.1" + - {u..s-loJ Y {l!l {dl^) <; prior 10 cJ,} -()- ,){;{){;, OJ L JA01 S (0. "/Ie e. of" . TAMI L. NOGGLE, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COl:-.!TY, PEN~SYL VANIA v. : NO. 99-2274 CIVIL TERM JONATHA"J M. BECK, Defendant/Petitioner IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION Petitioner, Jonathan M. Beck, by and through his counsel, MidPenn Legal Services, states the following: I, Defendant/Petitioner, hereinafter referred to as Father, resides at 400 Seventh Street, New Cumberland, Cumberland County, Pennsylvania 17070, 2. Plaintiff/Respondent, hereinafter referred to as Mother, resides at 117 Caldwell Lane, Winchester, Frederick County, Virginia, 22602. 3. The above-named parties are the natural parents of Kaitlin N, Beck, born January 20, 1996. 4. The current Custody Order is dated April 15, 1999, and was prepared by Respondent. The parties entered into the agreement without representation, The Order (attached hereto as Exhibit A), in pertinent part, grants Mother sole legal custody and primary physical custody of Kaitlin. Father has periods of partial physical custody from Friday at 12:00 noon until Sunday at 5:00 p.m, Additionally, Father has one week of uninterrupted custody each month during the summer. The Order also sets forth a holiday custody schedule. 5. Mother has willfully disobeyed the Order in ways including, but not limited to, the following: . a. Refusing to permit Father to exercise his periods of partial custody. b. Refusing to allow Father to have telephone contact with Kaitlin. c. Moving to various states without notice to Father, thus interfering with his ability to exercise his periods of partial custody, 6, Mother is not acting in Kaitlin's best interest for reasons including, but not limited to, the following: a, Mother has moved back and forth from Lancaster, Pennsylvania to four other states, Georgia, Illinois, Missouri and Virginia, after meeting men online. Mother does not discuss these moves with Father and does not attempt to work out new custody arrangements to ensure that he has time with Kaitlin, b, Mother's actions have interfered with Father's ability to develop and nurture a healthy father/daughter relationship with Kaitlin and that does not serve her best interests. c. Mother does not allow Father to have reasonable telephone contact with Kaitlin, d. Mother does not communicate or attempt to cooperate with Father to better co-parent Kaitlin and her refusal to allow Father to participate in Kaitlin's life as a parent does not serve Kaitlin's best interests, 7, Father is entitled to moditied periods of partial custody, which is in Kaitlin's best interests, for reasons including but not limited to the following: a. Father is eager to participate in Kaitlin's life. His inability to do so is the result of Mother's actions in constantly moving from state to state and interfering with Father's ability to exercise his periods of partial custody. b. Mother drafted the consent agreement that is the basis ofthe current custody order. Father's rights were unreasonably diminished under this agreement. Father entered into the agreement without knowing the extent to which his access to Kaitlin would be limited. c. Mother now lives in Winchester, Virginia and Kaitlin is in school, making it difficult for either party to comply with the partial custody schedule in the April 15, 1999, Order which starts Father's weekends at noon on Fridays, d. Father has a stable and safe home environment where he can provide appropriate supervision and shelter for Kaitlin children during periods of partial custody, 8. It is unknown whether Mother is represented and counsel for Father is unable to request concurrence for the reliefrequested in this Petition. WHEREFORE, Father respectfully requests that this honorable Court order the following relief: a. That Mother be found in contempt of the April 15, 1999, Court Order. b, That this matter be scheduled for a custody conciliation to establish terms of a modified custody schedule. c. That Father immediately be permitted periods of partial custody on alternate weekends until further order of the court and that the parties shall exchange custody at a point halfway between )iew Cumberland, Pennsylvania and Winchester, Virginia. d. That Father immediately be permitted reasonable telephone contact with Kaitlin while she is in Mother's custody. e. Any other reliefthis Court finds just and proper. Respectfully submitted, JessiciH st, squire Attorney for Defendant/Petitioner MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, P A 17013 (717) 243-9400 I ~ . VERIFICATION The above-named PETITIONER, JONATHAN M. BECK, verifies that the statements made in the above petition for Contempt and Modification are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 pa. C.5, 94904, relating to unsworn falsification to authorities. Date;.~ (J ')((It;; M. Beck TAMI L. NOGGLE, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COCNTY, PENNSYLVANIA v, : t-iO. 99-2274 CIVIL TERM JONATHAN M. BECK, Defendant/Petitioner IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Jonathan M. Beck, hereby certify that I have served a copy ofthe forgoing Petition for Contempt and Modification on the following date and in the manner indicated below: V,S. First Class Certified Mail, Return Receiot, Restricted Deliverv Tami L. Noggle 117 Caldwell Lane Winchester, VA 22602 /' -, , " II"? I" Date:.r:: /J )/1.../ \~ ---/ .." /'~::'~:,././ Jessisxi<<~l~, ~~quire Counsel for Plaintiff MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717)243-9400 -0 -\\ , --<.J (~\ -.-; , c') ~ c.J ,...-<,"" '\") ,,- ~ TAM I L. NOGGLE, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COlTNTY, PE]\'l"SYLV ANIA v. NO. 99-2274 CIVIL TERM JONATHAN M, BECK, Defendant/Petitioner IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Jonathan M. Beck, Petitioner, to proceed in forma pauperis, I, Jessica Holst, 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. ~. ,. . ,.'./ / / JesiIca t'rolst, Esquire MidPenn Legal Services 401 E, Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 r,- I':"::'~ ~..~ ...... il~ ~n , .. ~.,,-, --,~: r....J 1'J _-:~:I '--' ..< TAM I L. NOGGLE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 99-2274 C1VIL ACTION LAW JONATHAN M. BECK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, February I7,200~.___, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa p, Greevy, Esq. , the conciliator, at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011. on ___.Frida~, Marc./I}...!,}OO~..___._ at 11:30 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 dctine 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 penn anent order. The court hereby directs the parties to furnish any IInd 1111 existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin~, FOR THE COURT, By: .3'~_Melissa P. Gre~,JJ~,-.___~_ 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 l' AKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN (JET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4. ~ :7. 1fT"" J./I;p "Iel/eF 7~!lt:7/' :2 17/,$"/' PfJ:!'vl. -7(7. Ie. t" . /c./~ . yrr;) ''10 rf' € Of. ~t:111 ff(.J(7) r ' . Sf -r Fi/ (' \ ,'~ 'I \-(,.:1 .'< "J.,..I - ---- II:--{!:";C; I~;' V .t'.,lJ I '. APR 0 7 2006 tr~ </ IN THE COURT OF C~,i.1etJ FL[A3 of CUMBERLAND COUNTY, PENNSYLVANIA TAMI L. NOGGLE, Plaintiff NO. 99-2274 CIVIL TERM v, CIVIL ACTION - LAW JONATHAN M, BECK, IN CUSTODY Defendant Hess, J, ORDER OF COURT AND NOW, this It' day of April, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of April 15, 1999 is VACATED and replaced with the following: 1, LeQal Custody, The parties, Tami L. Noggle and Jonathan M. Beck shall have shared legal custody of the minor child, Kaitlin N, Beck born January 20, 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 child's general well-being including, but not limited to, all decisions regarding her 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 child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent 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. 2, Physical Custody, Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective April 7, 2006, on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m, B, In addition to the schedule defined above, the Father shall, with one (1) week's notice to the Mother, have partial custody of the minor child for a period of up to two (2) weeks during the summer months. One (1) week may also be scheduled during winter school recess, In the event that such days are contiguous to a weekend, the Father may have uninterrupted partial custody of the minor child during the weekend and such contiguous days. '::, ('1'\ ',", NO. 99-2274 CIVIL TERM C. Mother shall give Father notice of the child's cheer camp or other sports camps scheduled in the summer before the academic year is dismissed for purposes of Father planning his summer custodial schedule with the child, D. Father shall make a confirming telephone call to Mother on the Wednesday evening before his custodial weekend to confirm his intent to meet her on Friday evening to receive custody of the child, 3, Holidays, The following holiday schedule shall supercede the regular schedule: A Thanksoivino, Thanksgiving shall be defined as commencing on the Wednesday before Thanksgiving at 6:00 p.m, and continuing until 6:00 p,m. on the Friday following Thanksgiving, In even numbered years, Father shall have the Thanksgiving holiday and in odd numbered years, Mother shall have the Thanksgiving holiday. B. Easter. The Easter holiday shall be defined as Good Friday at 6:00 p.m, until 6:00 p,m. the day before school resumes after Easter. Mother shall have custody for Easter holiday in even numbered years and Father shall have custody of the child for the Easter holiday in odd numbered years, C. Christmas. Each year, Mother shall have custody for the Christmas holiday from the time school is out until December 26th at 6:00 p,m. Each year, Father shall have custody from December 26th at 6:00 p.m, until 6:00 p.m, the day before school resumes, 4, Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody. The child may initiate a telephone call to the non- custodial parent upon their request. Neither party shall interfere with the other party's telephone contact with the child, Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child, 5. Transportation. The parties shall share transportation incident to custodial exchanges by meeting at Exit 3 off of 1-81 at the Comfort Inn near Greencastle, Pennsylvania. . , -... NO, 99-2274 CIVIL TERM 6. Upon mutual agreement of the parties, Father's Petition for Contempt is DISMISSED. Dis!: BY THE COURT: --At- /If/- II Kevin A, Hess, J, Aessica Holst, Esquire, 104 E. Louther Street, Suite 103, Carlisle, PA 17013 .;rami l. Noggle, 117 Caldwell Lane, Winchester, VA 22602 ~-::;:-:;:-::~.~.~. ~ .- .,--'-, - -~~ -... ~ - .', 'v ~ ../., .--" Plaintiff \ I\FR) . 2ull\) IN THE COURT OF ~fqRfr\i'P'LE.AtoV CUMBERLAND COUNTY, PENNSYLVANIA NO, 99-2274 CIVIL TERM TAMI L. NOGGLE, v. CIVIL ACTION - LAW JONATHAN M, BECK, IN CUSTODY Defendant 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kaitlin N. Beck January 20, 1996 Mother 2. A Custody Conciliation Conference was held on March 31, 2006 following Father's filing of a Petition for Contempt and Modification on February 13, 2006, The last Order entered in this matter was April 15, 1999, That Order was entered upon mutual agreement of the parties following a Custody Conciliation Conference. Attending the conference were: the Mother, Tami L, Noggle, who participated pro se; the Father, Jonathan M, Beck, and his counsel, Jessica Holst, Esquire, 3. The parties reached an agreement in the form of an Order as attached. J..//4101o '" j~(jJlg;b:::: ~ Date r Melissa Peel Greevy, Esquire Custody Conciliator :272592