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HomeMy WebLinkAbout07-5991 Pyfer, Straub, Gray & Farhat, P.C. John F. Pyfer, Jr. Attorney ID. # 15743 128 North Lime Street P.O. Box 1597 Lancaster, PA 17608-1597 (717) 299-7342 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Amanda S. Beck, Plaintiff vs. Jesse H. McVoy, Defendant No. (~Z_ ~"9~i1 ~'~~ ~~ COMPLAINT FOR CUSTODY 1. The Plaintiff is Amanda S. Beck, an adult individual residing at 2051 Stonecrest Drive, Lancaster, Pennsylvania, 17601 2. The Defendant is Jesse H. McVoy, an adult individual residing at 3810 Market Street, Apt. #4, Camp Hill, Pennsylvania, 17011. 3. Plaintiff seeks custody of the following child: Jesse D. McVoy, age one (1) year, born March 31, 2006. 4. The child was born out of wedlock. 5. The child is presently in the custody of the Defendant, who resides at the address set forth in Paragraph #2 herein. 2 6. During the child's lifetime, the child has resided with the following persons and at the following addresses: (A) From September 30, 2007, to present: with Defendant at 3810 Market Street, Apartment #4, Camp Hill, Pennsylvania. (B) From birth to September 30, 2007: with Plaintiff and Defendant at 3810 Market Street, Apartment #4, Camp Hill, Pennsylvania 7. The mother of the child is Amanda Beck, currently residing at 2051 Stonecrest Drive, Lancaster, Pennsylvania. She is single. 8. The father of the child is Jesse H. McVoy, currently residing at 3810 Market Street, Apartment #4, Camp Hill, Pennsylvania. He is single. 9. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with her parents. 10. The relationship of Defendant to the child is that of father. The Defendant currently resides with the minor child and his father. 11. 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. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings that has physical custody of the child or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: 3 (A) The Defendant would often smoke marijuana and do cocaine while the child was present and in his care. (B) The Defendant has been verbally and physically abusive to the Plaintiff for the past few years. At one point, the violence escalated to the point that law enforcement from Hamden County had to be called to the house. Mother was afraid to press charges against the Defendant, was afraid to seek a Protection from Abuse Order, and was also afraid to leave him. Although their relationship was tumultuous, Children and Youth never had to intervene. (C) As a result of the physical and mental abuse, Mother suffered from depression, overdosed on her depression and anxiety medication, and was recently admitted to Holy Spirit for one week. Mother now resides with her parents and will begin ahalf--day outpatient program at Philhaven. Mother has arranged for the child's maternal great-grandmother to care for the child while she is participating in her half-day program at Philhaven. (D) Mother has an extensive family support system on which she can rely. Conversely, the Defendant resides with his father, who drinks heavily, often around the minor child. Additionally, the Defendant's brother is due to be released from jail today, having been incarcerated for child endangerment. Mother believes it is likely that he, too, will move into the Defendant's studio apartment. Mother does not believe it is in the child's best interest to spend an excessive amount of time with someone who drinks frequently and with someone who has been incarcerated for child endangerment. (E) Mother has been the primary and nurturing parent to the child since his birth. Mother was always a stay at home mom. Father, however, works as a mechanic at a service station, and would have to arrange for the child to be placed in daycare, which would be foreign to the child. Mother believes it is in the child's best interest to be able to remain at home with a 4 parent rather than be placed into a daycare with strangers. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. 16. All other persons, named below, who are known to have or claim a right to custody or visitation of the child have been or will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests the Court to grant her primary physical custody of the minor child, with the Defendant having periods of partial physical custody as the parties may mutually agree. Respectfully submitted, Pyfer, Straub, Gray & Farhat, P.C. By: Jo Jr. e s aintiff 1 Street P.O. Box 1597 Lancaster, PA 17608-1597 Telephone: (717) 299-7342 Facsimile: (717) 299-1376 Attorney ID. No. 15743 5 VERIFICATION I verify that the statements made in this document 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. J Amanda Beck ~~~~ o-I~-o Date . ,. I certify that on the ~r day of , 2007, a true and correct copy of the foregoing document has been served on the following persons and in the following manner, which service satisfies the requirements of PA R.C.P. §440. Service by First Class Mail, addressed as follows: Jesse H. McVoy 3810 Market Street, Apt. #4 Camp Hill, PA 17011 Pyfer, Straub, Gray & Farhat, P.C. By: Jo e r. A o e 'ntiff A 5743 7 n ~ ~ ~: ~t' `r' f.' ,~ ~ _. ~ ~ ~ `~' ~ c ,~ } . ~. ~. * - a ~ ~ , r C ~ -_ c~ 4~; ~ c ~ ~~ R. n ~v i ~' ~> N ~z r~- ~ ~~+ ~ - j ~~~-1 rr3 c...> -< y ~ Pyfer, Straub, Gray & Farhat, P.C. John F. Pyfer, Jr. Attorney ID. # 15743 128 North Lime Street P.O. Box 1597 Lancaster, PA 17608-1597 (717) 299-7342 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Amanda S. Beck, Plaintiff vs. Jesse H. McVoy, : Defendant PETITION FOR SPECIAL RELIEF Comes now the Petitioner, Amanda S. Beck, through her attorney of record, John F. Pyfer Jr., Esquire and Pyfer, Straub, Gray & Farhat, P.C., respectfully represents as follows: 1. Petitioner is Amanda S. Beck, the Plaintiff in the above-captioned Custody action. She is an adult individual residing at 2051 Stonecrest Drive, Lancaster, Pennsylvania, 17601. 2. Respondent is Jesse H. McVoy, the Defendant in the above-captioned Custody action. He is an adult individual residing at 3810 Market Street, Apartment #4, Camp Hill, Pennsylvania, 17011 3. The parties hereto are the parents of Jesse D. McVoy, age one (1) year, born March 31, 2006. 4. Petitioner believes and therefore avers that she should immediately be granted primary physical custody for reasons as follows: (A) The Defendant would often smoke marijuana and do cocaine while the child was present and in his care. 2 ~, (B) The Defendant has been verbally and physically abusive to the Plaintiff for the past few years. At one point, the violence escalated to the point that law enforcement from Hamden County had to be called to the house. Mother was afraid to press charges against the Defendant, was afraid to seek a Protection from Abuse Order, and was also afraid to leave him. Although their relationship was tumultuous, Children and Youth never had to intervene. (C) As a result of the physical and mental abuse, Mother suffered from depression, overdosed on her depression and anxiety medication, and was recently admitted to Holy Spirit for one week. Mother now resides with her parents and will begin ahalf--day outpatient program at Philhaven. Mother has arranged for the child's maternal great-grandmother to care fc-r the child while she is participating in her half-day program at Philhaven. (D) Mother has an extensive family support system on which she can rely. Conversely, the Defendant resides with his father, who drinks heavily, often around the minor child. Additionally, the Defendant's brother is due to be released from jail today, having been incarcerated for child endangerment. Mother believes it is likely that he, too, will move into the Defendant's studio apartment. Mother does not believe it is in the child's best interest to spend an excessive amount of time with someone who drinks frequently and with someone who has been incarcerated for child endangerment. (E) Mother has been the primary and nurturing parent to the child since his birth. Mother was always a stay at home mom. Father, however, works as a mechanic at a service station, and would have to arrange for the child to be placed in daycare, which would be foreign to the child. Mother believes it is in the child's best interest to be able to remain at home with a parent rather than be placed into a daycare with strangers. 3 5. Petitioner has simultaneously filed a Complaint for Custody requesting primary physical custody of the minor child. Petitioner believes it is in the child's best interest to be immediately returned to his mother. Wherefore, Petitioner respectfully requests that the Court to immediately grant her primary physical custody of the child, subject to Defendant's periods of partial physical custody. Respectfully submitted, Pyfer, Straub, Gray & Farhat, P.C. By: Jo r. A o ey I 43 1 o ime Street Post Office Box 1597 Lancaster, Pennsylvania 17608-1597 Telephone: (717) 299-7342 Facsimile: (717) 299-1376 Attorneys for Petitioner 4 VERIFICATION I, John F. Pyfer, Jr., Esquire, of Pyfer, Straub, Gray & Farhat, P.C., verify that I am the attorney for the Petitioner herein and that I have the permission of the Petitioner to sign this Petition on her behalf. I further verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. Dated: ~~ ! 11 f d~ John . P e ., squire 5 '* CERTIFICATE OF SERVICE I hereby certify that I have this ~ day of October, 2007, served the foregoing Petition for Special Relief upon the persons and in the manner indicated below which satisfies the rules of Pa. R.C.P. §440 Service by First Class Mail, as follows: Jesse H. McVoy 3810 Market Street Apartment #4 Camp Hill, PA 17011 Pyfer, Straub, Gray & Farhat, P.C. By: _ Jo F o e I .l 3 6 c~ ---' -n ~ ~ ~, .~ ,.. ,. '~ i . y s , _ _.-- ~ ~ ~t:~. ~.-- '_'~ ~ , _ ~. r~ -,~ ~ ay . `- ~ ~ ~ ~ ~ c~ ~ cY~ S, `~- v 0 ~~ AMANDA S. BECK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSE H. MCVOY DEFENDANT • 2007-5991 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Thursday, October 18, 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, November 13, 2007 at 9:30 AM for aPre-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 aQe 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/ ac ueline M. Verne Es . 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. 1F YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South. Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~,~v~~~,~~~~r~~~+ ~ ~ ~~ ~~ s I ~~o tort NOV 132007 AMANDA S. BECK, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-5991 CIVIL ACTION -LAW JESSE H. McVOY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this /3' day of N;ty~.,~c. , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Amanda S. Beck and the Father, Jesse H. McVoy, shall have shared legal custody of Jesse D. McVoy, born March 31, 2006. 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 his 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. 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. 2. Mother shall have physical custody of the child from November 13, 2007 to November 25, 2007. Thereafter, the parents shall have shared physical custody on a two week on/two week off schedule with the exchange day and time being Sundays at 3:00 p.m. Father shall have the first two week period beginning Sunday, November 25, 2007. 3. In the event that either party is in need of an overnight babysitter, they shall contact the non-custodial parent and offer said time to the non-custodial parent. 'd1i~~I~~~.~Ptf~c~ ~.., 1 ~ ~ t ~d~ ~ I AON ~tilOZ ~1C~i~~.G'~ ~H.t. ~ ~~~~C}~ 4. Paternal grandfather and paternal uncle, Joey McVoy, shall not have unsupervised contact with the child. 5. The parties shall alternate the following holidays: Thanksgiving, Easter, Memorial Day, July 4th, and Labor Day. Mother shall have Thanksgiving 2007 and the parties shall alternate the holidays thereafter. The parent having the holiday shall have physical custody from 7:00 p.m. to night before the holiday to 7:00 p.m. the day of the holiday. 6. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 3:00 p.m. to Christmas Day at 3:00 p.m. Block B shall be from Christmas Day at 3:00 p.m. to December 26 at 3:00 p.m. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. 7. Mother shall have physical custody of the child for Mother's Day from the day before at 7:00 p.m. to 7:00 p.m. Mother's Day. Father shall have physical custody of the child for Father's Day from the day before at 7:00 p.m. to 7:00 p.m. Father's Day. 8. Transportation shall be shared such that the receiving party shall be responsible for transportation. 9. Neither party shall do or say anything, nor permit a third party from doing or saying anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 10. The parties shall have liberal telephone contact with the child. 11. The parties shall alternate the tax deduction for the child. Father shall use the deduction in odd numbered tax years. 12. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc:c.Sandra Edwards Gray, Esquire, Counsel ~ary Rothschild, Esquire, Counsel for F: ~~ Mother / . ~ (/ ,p \`~ ~` 1 J. NOV 1 32001 AMANDA S. BECK, Plaintiff V. JESSE H. McVOY, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-5991 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 Child who is the subject of this litigation is as follows: NAME Jesse D. McVoy DATE OF BIRTH CURRENTLY IN CUSTODY OF March 31, 2006 Father 2. A Conciliation Conference was held in this matter on November 13, 2007, with the following in attendance: The Mother, Amanda S. Beck, with her counsel, Sandra Edwards Gray, Esquire, and the Father, Jesse H. McVoy, with his counsel, Gary Rothschild, Esquire. 3. The parties agreed to an Order in the form as attached. ll-~~ 07 Date acq line M. Verney, Esquire Custody Conciliator