Loading...
HomeMy WebLinkAbout03-6319CARRIE M. BECHTEL, Plaintiff v. DOUGLAS A. BECHTEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- O CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 CARRIE M. BECHTEL, Plaintiff V. DOUGLAS A. BECHTEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2003- X319 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY COMPLAINT UNDER SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Carrie M. Bechtel, an adult individual who currently resides at 270 Pipeline Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Douglas A. Bechtel, an adult individual who currently resides at 448 Shed Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 9, 2001 in Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT 11 - CUSTODY 10. The plaintiff is Carrie M. Bechtel, an adult individual residing at 270 Pipeline Road, Newville, Cumberland County, Pennsylvania. 11. The defendant is Douglas A. Bechtel, an adult individual residing at 448 Shed Road, Newville, Cumberland County, Pennsylvania. 12. Plaintiff seeks custody of Taylor Anne Bechtel, born November 27, 2000. The child was born out of wedlock. The child is presently in the custody of Plaintiff at 270 Pipeline Road, Newville, Carlisle, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Carrie Bechtel David Peiffer Dianna Peiffer Melissa Peiffer 270 Pipeline Road Newville, Pennsylvania 17241 September, 2003 to present Douglas Bechtel 448 Shed Road February, 2003 to Carrie Bechtel Newville, Pennsylvania 17241 September, 2003 Carrie Bechtel 270 Pipeline Road David Peiffer Newville, Pennsylvania 17241 Dianna Peiffer Melissa Peiffer Douglas Bechtel 3511 Joyce Court Carrie Bechtel Apt. 2 Portsmouth, Virginia 23703 September, 2002 to February, 2003 December, 2001 to September, 2002 Douglas Bechtel 270 Pipeline Road June, 2001 to Carrie Bechtel Newville, Pennsylvania 17241 December, 2001 Douglas Bechtel 115 Fairfield Street November, 2000 to Carrie Bechtel Newville, Pennsylvania 17241 June, 2001 The natural father of the child is Douglas A. Bechtel, currently residing at 448 Shed Road, Newville, Cumberland County, Pennsylvania. He is married to the Plaintiff. The natural mother of the child is Carrie M. Bechtel, currently residing at 270 Pipeline Road, Newville, Cumberland County, Pennsylvania. She is married to the Defendant. 13. The relationship of the Plaintiff to the child is that of natural mother. The plaintiff currently resides with the following persons: Names Relationship David Peiffer father Dianna Peiffer mother Melissa Peiffer sister Taylor Anne Bechtel daughter 14. The relationship of the Defendant to the child is that of natural father. The defendant currently resides with the following persons: Names NONE Relationship 15. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the children. 16. Each parent 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. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary physical custody of the children. DATE: 1212103 Respectfully submitted, O'BRIEN, BARIC & SCHERER I A. Scherer, Esquire I. D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 m as.d i t/domestic/bechtel/com pla i nt. p ld VERIFICATION I verify that the statements made in the foregoing Complaint 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. cm? RC6;)M- Carrie M. Bechtel DATED: ?Z \ 2 CARRIE M. BECHTEL, Plaintiff V. DOUGLAS A. BECHTEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6319 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Carrie M. Bechtel (hereinafter referred to as "mother") and Douglas A. Bechtel (hereinafter referred to as "father"). WHEREAS, Carrie M. Bechtel is the natural mother of the child, Taylor Anne Bechtel, born November 27, 2000, (hereinafter referred to as "child"); and, WHEREAS, Douglas A. Bechtel is the natural father of the child; and, WHEREAS, the natural parents are separated and living in separate residences; and, WHEREAS, the parties believe it to be in the best interest of the child that the child reside primarily with mother; and, WHEREAS, the parties wish to enter into an agreement relative to the custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows; 1. Mother and father shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child. I Father shall have partial physical custody of the child on alternating Sundays from noon until 7:00 p.m. 4. Father shall have the child each year on the Saturday before Easter Sunday and on December 24 from 1:00 p.m. until 8:00 p.m. 5. Father shall have the child at such other times as the parties from time to time agree. 6. The party receiving custody in the exchange of the child shall be responsible to pick the child up at the other party's residence or at such location as the child is present, as the case may be. 7. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 8. The parties shall not do anything which may estrange the child from the other parties, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 9. The parties may deviate from this schedule when the best interests of the child requires them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. 10. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the minor child and shall retain jurisdiction should circumstances change and any party desires or requires modification of said Order. 11. The parties acknowledge that they have read and understand the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: Date: -?? V V Carne e M. Bechtel 4- Date:% -7 O -4 A. Bechtel mas.d irldomesticlbechtellcustody.stp r> r, ? ca C'7 n T __ -n m CARRIE M. BECHTEL, Plaintiff V. DOUGLAS A. BECHTEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6319 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this W°- day of , 2003, I, Douglas A. Bechtel, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. N c o r= OQ ]{TI `J n o -< CARRIE M. BECHTEL, Plaintiff V. DOUGLAS A. BECHTEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6319 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this + day of e , 2003, the Court adopts the following Stipulation and Agreement as an Order of Court, with respect to the following child: Taylor Anne Bechtel, born November 27, 2000 (hereinafter referred to as 'child"). 1. Carrie M. Bechtel (hereinafter "mother") and Douglas A. Bechtel (hereinafter "father") shall have joint legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child on alternating Sundays from noon until 7:00 p.m. 4. Father shall have the child each year on the Saturday before Easter Sunday and on December 24 from 1:00 p.m. until 8:00 p.m. 5. Father shall have the child at such other times as the parties from time to time agree. 6. The party receiving custody in the exchange of the child shall be responsible to pick the child up at the other party's residence or at such location as the child is present, as the case may be. ^.?, ., , :Z ??.a ??? ..? ??J ? .,,?;y ?0 ?? \`r`r??`??D ?1\a ?t-L 7. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 8. The parties shall not do anything which may estrange the child from the other parties, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 9. The parties are encouraged to deviate from this schedule when the best interests of the child requires them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. BY THE COURT, CARRIE M. BECHTEL, Plaintiff V. DOUGLAS A. BECHTEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6319 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 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 December 4, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 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. 5. 1 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. 6. 1 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: 3 18IQA f ? T Carrie M. Bechtel N U+ ? " u , cy, 5 1 -c.. C w i t ?D CARRIE M. BECHTEL, Plaintiff V. DOUGLAS A. BECHTEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6319 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO R nQUESTF ENTRY 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 4, 2003. 2. Defendant acknowledges receipt and accepts service of the Complaint on December 6, 2003. 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. 1 consent to the entry of a final decree in divorce without notice. 5. 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. 6. 1 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. 1 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: Douglas A. N l ? I -4, V CV CJ T <`: ? fi S-5 x? r § 6 , rn !. - I 77 to CARRIE M. BECHTEL, Plaintiff V. DOUGLAS A. BECHTEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6319 CIVIL TERM CIVIL ACTION-LAW 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: Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Defendant signed an Acceptance Of Service form on December 6, 2003. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiff March 18, 2004 by the defendant March 17, 2004 (b) (1) Date of execution of the plaintiffs Aaffidavit required by Section 3301(d) of the divorce code (2) Date of service of the plaintiffs affidavit upon the defendant .1,n 4. Related claims pending NONE Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: March 25, 2004 Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: March 25, 2004 . ?'IYIIV Michael A. Scherer, Esquire Attorney for Plaintiff, Carrie M. Bechtel r-a Q O 1 i!5 i 4 0 3 >n w -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CARRIE M. BECHTEL, Plaintiff VERSUS DOUGLAS A. BECHTEL, Defendant N 0. 2003-6319 CIVIL DECREE IN DIVORCE AND NOW, IM21" 31 , 200I. IT IS ORDERED AND CARRIE M. BECHTEL DECREED THAT PLAINTIFF, AND DOUGLAS A. BECHTEL ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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; NONE BY THE COURT: PROTHONOTARY 42 , CARRIE M. (BECHTEL) STRAYER, Plaintiff V. DOUGLAS A. BECHTEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6319 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Carrie M. (Bechtel) Strayer (hereinafter referred to as "mother") and Douglas A. Bechtel (hereinafter referred to as "father"). WHEREAS, Carrie M. (Bechtel) Strayer is the natural mother of the child, Taylor Anne Bechtel, born November 27, 2000, (hereinafter referred to as "child"); and, WHEREAS, Douglas A. Bechtel is the natural father of the child; and WHEREAS, the natural parents are separated and living in separate residences; And, WHEREAS, the parties believe it to be in the best interest of the child that the child reside primarily with mother, and, WHEREAS, the parties wish to enter into an agreement relative to the custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. Mother and father shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child on alternating weekends from 6:30 p.m. Friday until 6:15 p.m. Sunday. 4. Father shall have the child each year on the Saturday before Easter Sunday from 12:00 p.m. until 6:00 p.m. and on December 24 from 12:00 p.m. until 8:00 p.m. 5. Father shall have the child at such other times as the parties from time to time agree. 6. The party receiving custody in the exchange of the child on Friday at 6:30 p.m. shall be responsible to pick up the child at the parking lot beside Sunoco in Shippensburg. The party receiving custody in the exchange of the child on Sunday at 6:15 p.m. shall be responsible to pick up the child at Sheetz in Carlisle. 7. Father shall have child for one week in the summer during the month of July. Father will give Mother thirty (30) days prior written notice, including where the vacation will be spent, where the group will be staying and a phone number where child/father can be contacted. Mother reserves the July 4th weekend each year for a company picnic. 8. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 9. The parties shall not do anything which may estrange the child from the other parties, or injure the opinion of the child as to the other parties or hamper the free and natural development of the child's love or affection for the other parties. 10. The parties may deviate from this schedule when the best interests of the child requires them to do so, however, in the absence of an agreement, the terms on this agreement shall be controlling. •t 11. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the minor child and shall retain jurisdiction should circumstances change and any party desires or requires modification of said Order. 12. The parties acknowledge that they have read and understand the provisions of this Agreement. iN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: ZL, / Dater Date: G c o i.., J _ y ' ?? f r^r FEB 2 9 2008 ?V CARRIE M. (BECHTEL) STRAYER, Plaintiff V. DOUGLAS A. BECHTEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6319 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT// AND NOW, this day of OA _" l., , 2008, the Court adopts the following Stipulation and Agreement as an Order of Court, with respect to the following child: Taylor Anne Bechtel, born November 27, 2000 (hereinafter referred to as "child"). 1. Carrie M. (Bechtel) Strayer (hereinafter "mother") and Douglas A. Bechtel (hereinafter "father") shall have joint legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child on alternating weekends from 6:30 p.m. Friday until 6:15 p.m. Sunday. 4. Father shall have the child each year on the Saturday before Easter Sunday from 12:00 p.m. until 6:00 p.m. and on December 24 from 12:00 p.m. until 8:00 p.m. 5. Father shall have the child at such other times as the parties from time to time agree. 6. The party receiving custody in the exchange of the child on Friday at 6:30 p.m. shall be responsible to pick up the child at the parking lot beside Sunoco in Shippensburg. The party receiving custody in the exchange of the child on Sunday at 6:15 p.m. shall be responsible to pick up the child at Sheetz in Carlisle. t? d a- LJ _ tr' 1U " 7C : rr rs._ O c°v U 7. Father shall have child for one week in the summer during the month of July. Father will give Mother thirty (30) days prior written notice, including where the vacation will be spent, where the group will be staying and a phone number where child/father can be contacted. Mother reserves the July 4th weekend each year for a company picnic. 8. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 9. The parties shall not do anything which may astrange the child from the other parties, or injure the opinion of the child as to the other parties or hamper the free and natural development of the child's love or affection for the other parties. 10. The parties are encouraged to deviate from the schedule when the best interests of the child requires them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. 0 BY THE COURT.