HomeMy WebLinkAbout99-03580
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
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No....-q9 ................ .3584...... 19XX
................ Plaintiff ..
Versus
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Defendant
DECREE IN
D I V C) R C E
AND NOW, ...... ?........ , 19? ... , it is ordered and
decreed that ...... MM=. L.. BEASMN......................... . plaintiff,
and ................SLY s., sEASTav .......................... defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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By Th rt
Attest: ? J ?
Prothonotary
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KENNETH L BEASTON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. : CIVIL DIVISION - LAW
EMILY S. BEASTON, : 99-3580 CIVIL TERM
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a divorce
decree:
1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: June 14, 1999, Certified Mail
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code:
By Plaintiff: November 10, 1999; by Defendant: October 21, 1999
4. Related claims pending: None
5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary:
November 23, 1999.
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary:
November 3, 1999.
dsay Dare B ird, Esquire
Attorney for the Plaintiff
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KENNETH L. BEASTON : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V : CIVIL ACTIONN-- LAW
EMILY S. BEASTON, : 99- 9y ?? CIVIL TERM
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed
without you and a decree of divorce or annulment may be entered against you by the Court. A
judgment may also be entered against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights important to you, including custody
or visitation of your children.
When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY
LOSE THE RIGHT TO CLAIM ANY OF THEM.
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 ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
KENNETH L. BEASTON,
Plaintiff
V.
EMILY S. BEASTON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 99- 3690 CIVIL TERM
IN DIVORCE
COMPLAINT UNDER SECTION 3301(C) OR (D)
OF THE DIVORCE CODE
Plaintiff, Kenneth L. Beaston, by his attorney, Lindsay D. Baird, Esquire, sets forth the following:
Plaintiff, Kenneth L. Beaston, is an adult individual residing at 1042 Grahams Woods Road,
Newville, Cumberland County, Pennsylvania 17241.
2
Defendant, Emily S. Beaston, is an adult individual residing at 11 Butler Lane, Newville,
Cumberland County, Pennsylvania 17241.
3
The parties were married on August 31, 1996 in Bloserville, Cumberland County, Pennsylvania.
4
Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least
six months prior to the commencement of this action.
5
This action is not collusive.
6
There have been no prior actions for divorce or annulment in this or any other jurisdiction within the
knowledge of the Plaintiff.
In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is
irretrievably broken.
8
Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request
that the Court require the parties to participate in counseling.
WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced
from the Defendant.
e1ndsay D. Bair , Esquire
Attorney for the Plaintiff
37 S. Hanover Street
Carlisle, PA 17013
717 - 243-5732
I verify that to the best of my knowledge and belief, the statements made in the
foregoing document are true and correct. I understand that false statements herein are
made subject to the penalties of IS Pa.C.S.§4904 relating to unsworn falsification to
authorities.
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Kenneth L. Beaston
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KENNETH L. BEASTION, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v NO. 99-3580 CIVIL TERM
EMILY S. BEASTON, : IN DIVORCE
Defendant
AFFIDAVIT OF SERVICE
I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a
copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead
and a Notice of Availability of Marriage Counseling was served on the Defendant, Emily S.
Beaston, by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said return
receipt evidencing delivery being attached hereto. Said service on June 14, 1999.
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LKdsay D. Baird Esquire
Attorney for P14intiff
37 South Hanover Street
Carlisle, PA 17013
717 - 243-5732
Sworn and Subscribed to
before me this 23 day
of 0D*wlGVL , 1999.
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Notary Public
Notarial Seal
Niven J. Baird, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Nov. 2, 2002
Member. Pennsylvania Association of Notaries
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KENNETH L. BEASTON,
Plaintiff
V.
EMILY S. BEASTON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 99- 3580 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(C) of the
Divorce Code was filed on June 11, 1999.
2. Defendant acknowledged receipt and accepted service of
the Complaint on June 14, 1999.
3. The marriage of the Plaintiff and Defendant is
irretrievably broken and ninety days have elapsed from the date
of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce
without notice.
5. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
6. I understand that I will not be divorced until a divorce
Decree is entered by the Court and that a copy of the Decree will
be sent to me immediately after it is filed with the
Prothonotary.
7. I have been advised of the availability of marriage
counseling and understand that I may request that the Court
require counseling. I do not request that the Court require
counseling.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: _1I-10-C19 444 -epf"A0c:
KENNETH L. BEASTON, Plaintiff
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EMILY S. BEASTON,
Plaintiff
vs
KENNETH L. BEASTON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CIVIL ACTION - LAW
NUMBER: 99 - 3580 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
Junel 1, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C. S. section 4904 relating to
unworn falsification to authorities.
Date: dtI (f1
EMILY S. N
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EMILY S. BEASTON,
Plaintiff
vs
KENNETH L. BEASTON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CIVIL ACTION - LAW
NUMBER: "- 3580 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE
1. 1 consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's
fees, or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to
unworn falsification to authorities.
Date: I It+ l_ l t'
EMILY S TON
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KENNETH L. BEASTON
Plaintiff
V.
EMILY S. BEASTON,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 99• 09 }0 U CIVIL TERM
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, ,TU.Y)G ) S) 1999, upon consideration of the attached
petition it 's 1 eb di ected that je parties and their respective counsel a pe r
bn fore G the conciliator, ate / r
! ii nl1?e A l/t i 9 on the C;?o_ day of 1999,
at /J: lr A,m., for a Pre-Hearing Custody Conference. At such confe ence, 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. AB 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: L
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 ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
cc: Lindsay Baird, Esquire
Emily S. Beaston
Conciliator
KENNETH L. BEASTON
Plaintiff
V.
EMILY S. BEASTON,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 99- 3580 CIVIL TERM
: IN CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff is Kenneth L. Beaston, residing at 1042 Grahams Woods Road,
Newville, Cumberland County, Pennsylvania 17241.
2. The defendant is Emily S. Beaston, residing at 1 I Butler Lane, Newville,
Cumberland County, Pennsylvania 17241.
3. Plaintiff seeks primary custody of the following child:
Name Present Residence AEe
Patrick Lee Beaston 1042 Grahams Woods Road, Newville, PA 2
The child was not born out of wedlock.
The child is presently in the custody of father who resides at 1042 Grahams
Woods Road, Newville, PA.
During the past two years, the child has resided with the following persons and
at the following addresses:
Person Address Dates
Kenneth L. Beaston 1042 Grahams Woods Road, Newville, PA 4/11/99-Present
Kenneth L. Beaston and
Emily S. Beaston 1042 Grahams Woods Road, Newville, PA 2/9/97.4/11/99
The mother of the child is Emily S. Beaston, currently residing at 1 I Butler
Lane, Newville, PA.
She is married.
The father of the child is Kenneth L. Beaston, currently residing at 1042
Grahams Woods Road, Newville, PA.
He is married.
4. The relationship of plaintiff to the child is that of father. The plaintiff
currently resides with the following persons:
Name Relationship
Patrick Lee Beaston Subject of Complaint
Richard Beaston Paternal Grandfather
Darlene Beaston Paternal Grandmother
Jennifer Beaston Paternal Aunt (plaintiffs sister)
5. The relationship of defendant to the child is that of mother. The defendant
currently resides with the following persons:
Name Relationship
William Wiser Maternal Grandfather
Linda Wiser Maternal Grandmother
6. Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
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.
7. The best interest and permanent welfare of the child will be served by
granting the relief requested because:
a) Plaintiff can provide the child with a home with adequate moral, emotional
and physical surroundings as required to meet the child's needs;
b) Plaintiff is willing to accept custody of the child;
c) Plaintiff continues to exercise parental duties and enjoys the love and
affection of the child.
S. 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. All other persons, named below, who are known to have or claim a right to
custody or visitation of the child will be given notice of the pendency of this action
and the right to intervene:
Name Address Basis of Claim
NONE
Wherefore, plaintiff requests the court to grant him primary custody of the
child.
Lindsay Dare Baird, Esquire
37 South Hanover
Carlisle, PA 17013
Attorney for Plaintiff
I verify that to the best of my knowledge and belief, the statements made in the
foregoing document are true and correct. I understand that false statements herein are
made subject to the penalties of IS Pa.C.S.§4904 relating to unsworn falsification to
authorities.
Kenneth L. Beaston
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OCT 0 5 1999
KENNETH L. BEASTON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
EMILY S. BEASTON, NO.99-3580 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this e day of October, 1999, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
The Father, Kenneth L. Beaston, and the Mother, Emily S. Beaston, shall enjoy
shared legal custody and shared physical custody of Patrick Lee Beaston, bom
February 9, 1997.
2. Physical custody shall be handled under the following arrangement:
A. In Cycle 1, the Mother would have custody Thursday p.m. until
Tuesday p.m., and the Father would have custody Tuesday p.m.
through Sunday p.m.
B. In Cycle 2, the Mother would have custody from Sunday p.m.
through Tuesday p.m., and Father would have custody Tuesday p.m.
through Thursday p.m.
3. The parties may alter the above custody schedule as they agree. Additionally, the
parties shall insure that they are sharing or alternating holidays under an
arrangement that complies with their work schedule.
cc: Sally J. Winder, Esq.
Lindsay D. Baird, Esq.
BY TH URT,
J.
ia-Y-99
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KENNETH L. BEASTON,
Plaintiff
v
EMILY S. BEASTON,
Defendant
Prior Judge:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 99-3580 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL 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:
Patrick Lee Beaston, bom February 9, 1997.
2. A Conciliation Conference was held on October 1, 1999, with the following individuals in
attendance:
The Father, Kenneth L. Beaston, with his counsel, Lindsay D. Baird, Esquire; and the
Mother, Emily S. Beaston, with her counsel, Sally J. Winder, Esquire.
3. The parties agree to the entry of an order in the form as attached.
/o1Q? 4
DATE Hubert X. Goo, Esquire
Custody C ciliator
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KENNETH L. BEASTON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
EMILY S. BEASTON, NO. 99-3580 CIVIL TERM
Defendant
V.
DARLENE R. BEASTON and IN CUSTODY
RICHARD L. BEASTON,
Defendants
ORDER OF COURT
AND NOW, this ?t day of 09^, 2001, upon consideration of the
attached custody stipulation with respect to the parties' child, Patrick Lee Beaston,
born February 9, 1997, the terms of the stipulation are entered as an order of court.
Lindsay Dare Baird, Esquire
37 South Hanover Street
Carlisle, PA 17013
Attorney for Petitioner
Kenneth L. Beaston and Emily S. Beaston (0,)
52 Winchester Gardens
Carlisle, PA 17013
Parents
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KENNETH L. BEASTON
Plaintiff
V.
EMILY S. BEASTON,
Defendant
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 99. 3580 CIVIL TERM
DARLENE R. BEASTON and : IN CUSTODY
RICHARD L. BEASTON,
Defendants
STIPULATION FOR MODIFICATION OF CUSTODY ORDER
STIPULATION made this day of 11) riAll , 2001, among Kenneth L.
Beaston, hereinafter referred to as Father, Emily . Beaston, hereinafter referred to as Mother,
Darlene R. Beaston, hereinafter referred to as Grandmother and Richard L. Beaston, hereinafter
referred to as Grandfather.
WHEREAS, the above-named Mother and Father had born to them the following child on the
following date:
NAME
Patrick Lee Beaston
BIRTH DATE
February 9, 1997
AND WHEREAS, the above-named Father, Mother and Grandparents desire to amend the
caption and enter into a Stipulation as to modification of the custody of the above-said child:
NOW, THEREFORE, in order to effectuate the above purpose, the above-named parties hereby
stipulate that the Custody Order of October 8, 1999, shall be modified as follows:
1. The Grandparents shall be added as Defendants to the caption.
2. The Grandparents shall have legal custody of the child.
3. The Grandparents shall have primary physical custody of the child.
4. Father and Mother shall have periods of partial physical custody as agreed upon by
the parties.
TO THIS PURPOSE, The parties hereto intend to be legally bound by the terms of this
Stipulation and desire to have the Stipulation entered as an Order of Court.
s:
Li say DaretB ird, Esquire
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Kenneth L. Beaston, Father
Emily S. B ston, Mother
Darlene R. Beaston, Grandmother
Richard L. Beaston, Grandfather
NOTMAL SEAL
MAWARV E. Moll. No1ory PJ"PA
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