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HomeMy WebLinkAbout08-2310A Heather Behrens, JN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVAINA :CIVIL ACTION - LAW V. :NO. ©F>' -'?3 I b cans i +c.rti JN CUSTODY Zachariah Behrens, Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Heather Behrens, residing at 34 Marilynn Dr Carlisle Pa 17015. 2. The defendant is Zachariah Behrens Residing at 44 W Main St Plainfield Pa 17081 3. Plaintiff seeks custody of the following children: NAME PRESENT ADDRESS DOB AGE Alexis S Behrens 34 Marilyn Dr Carlisle Pa 9/28/2000 7 Jakyla M Behrens 34 Marilyn Dr Carlisle Pa 7/27/2005 2 Alexis Behrens was born out of wedlock Jakyla Behrens was born while the couple was married. The children reside with the mother Heather Behrens who resides at 34 Marilyn Dr Carlisle ,Cumberland county, Pennsylvania. During the last 5 years the children have resided with the following persons and at the following addresses: LIST ALL PERSONS LIST ALL ADDRESSES _ DATES Heather Behrens 34 Marilyn Dr Carlisle Pa 9/07 - presant Zachariah Behrens 44 W Main St Plainfield PA 6/07 - 9/07 Heather Behrens Kimberly Behrens Daniel Behrens Zacarah Behrens 1514 Newville Rd Carlisle Pa 3/05 - 6/07 Heather Behrens Zachariah Behrens 14 Terri Dr Carlisle PA 9/04 3/05 Heather Behrens Zachariah Behrens Greason Rd Plainfield Pa 9/03 -9/04 Heather Behrens The mother of the children is Heather Behrens, Currently residing at 34 Marilyn Dr Carlisle Pa. She is currently married but separated to Zachariah Behrens. The father of the children is Zachariah Behrens, currently residing at 44 W Main St Plainfield Pa He is currently married but separated to Heather Behrens, 4.The relationship of the plaintiff to the children is that of mother. The plaintiff currently reside with the following persons NAME RELATIONSHIP Alexis Behrens Daughter Jakyla Behrens Daughter 5. The relationship of the defendant to the children is that of father. The father currently reside with the following persons. NAME Kimberly Behrens Daniel Behrens RELATIONSHIP Mother Father 6.Plaintiff is not participated as a party or witness,or in any other capacity,in other litigation concerning custody of the children in this or another court. Plaintiff has no information of 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 and claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief request because: Plaintiff has undertaken and performed the primary paternal responsibilities for the children . Plaintiff is best able to provide the care and nurture which the children needs for healthy development. 8. 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 below, who are to have or claim a right to custody or visitation of the children will be given notice pf the pendency of this action and the right to intervene: NAME ADDRESS BASIS OF CLAIM N/A WHEREFORE, Plaintiff requests this court grant partial physical custody with visitaion as outlined in attached stipulation. Respectfully submitted, Date Heather Behrens 34 Marilyn Dr Carlisle Pa 17015 r? <<: `?. ?, ?, ?? , ?._ f' f', t`3 +y ?,- C? ,-, - c?,? 4J •° ? t (1 fi ? '"" ' r7 r R? (? .? ' "C; i T; ? ' p?? I ? T N ?. 1 ? ^ ? _` ` ""} f fl ;?! V ?"'_ ?a? ^c` ?' ?3tU G?j f ?- - fl a. OK' Stipulation Regarding Custody - Visitation of Alexis S Behrens born September 28,2000 and Jakyla M Behrens born July 27,2005 between Heather M Behrens,mother and Zachariah J Behrens, father Plaintiff Heather Behrens, hereinafter referenced as mother, and defendant Zachariah Behrens, hereinafter referred to as father, hereby agree to the entry of the following terms defining custody and partial custody rights and responsibilities in relation to the parties minor children:Aiexis S Behrens born September 28,2000 and Jakyla M Behrens born July 27,2005, hereinafter referenced as the children: (1) Shared legal custody as contemplated by the act of November 5,1984 ,P. S. 1001, et seq., is awarded to mother and father_ (2) Physical custody of the children Alexis S Behrens and Jakyla M Behrens , shall rest with mother: (a) Father shall exercise his visitation every Tuesday and Thursday evenings from 5:30 pm until 8:30 pm. Also every other weekend from Friday at 5:30 pm and conclude Sunday at 8:30pm.With a start date of march 18,2008. (b) Holidays should alternate so that father has the children Christmas day on odd years from 12:00pm Christmas eve until 12:00 pm Christmas day. All other holidays should follow this order as well, Including mother and fathers day. (3) The parties shall provide transportation to and from each instance of visitation unless otherwise noted herein. Specifically,mother shall provide transportation for the children to the maternal grandmother (Ellen Paulus)residence at 2137 Newville rd Carlisle Pa 17015 father agrees to pick up and drop of children at maternal grandmothers residents. (a)Parties agree that the scheduling of pick - up(s) and drop - o8(s) can be modified if the parties can so agree. In the event the parties cannot come to an agreement , the terms contained herein shall be strictly adhered to. M Behrens, Motfier Zach iah J 4 Tufv& Wit ess Witness li Z Date Date VERIFICATION I verify that I am The petitioner and that the statements made in the foregoing petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C S. 4904, relating to unworn falsification to authorities. Date .? Heather Be ens r r_ a 0 --4 --n '? w 171 f w w" . Heather Behrens, JN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVAINA :CIVIL, ACTION - LAW V. :NO. D 8'? a-310 c 3,n 14c.r ML JN CUSTODY Zachariah Behrens, Defendant ORDER OF COURT AND NOW .This Ott day of ,2001j upon presentation and . gpulation and agreement incorporated thein, consideration of the ' PWRI and and upon agreement of the parties,it is heMy ordered and decreed as follows: 1. Shared legal custody of the minor children Alexis S Behrens bom 9/28/00 and Jakyla M Behrens born 7/27/05 as contemplated by the act of November 5,1984,PS.1001, et seq., is awarded to mother and father. 2. Physical custody of the children Alexis S Behrens and Jakyla M Behrens will rest with mother. (a) Father shall exercise his visitation every Tuesday and Thursday evenings from 5:30 pm until 8:30 pm. (b)Every other weekend from Friday at 5:30pm and conclude Sunday at 8:30 pm. (c)Holidays should alternate so that father has the children Christmas Day on odd years from 12:00pmChristmas eve until 12:00pm Christmas Day All other holidays should follow this order as well,Including mother and fathers day. 3. The parties shall provide transportation to and from each instance of visitation unless otherwise noted herein. Specifically,mother shall provide transportation for the children to the maternal grandmothers (Ellen Paulus ) residence at 2137 Newville Rd Carlisle Pa 17015 father agrees to pick up and drop off at the maternal grandmothers residents. (a) Parties agree that the scheduling of pick up (s) and drop off(s) can be modified if the parties agree. In the event the parties cannot come to an agreement the terms contained herein shall be strictly adhered to. By the court J. --AL A !uR ?Jy7j"JZ ?d07 O-bl - f? V [N',/AAQ, N3d AINI CS -C, bid 't i 8dv OR HEATHER BEHRENS, Plaintiff V. ZACHARIAH BEHRENS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.08-2310 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Petitioner, Zachariah Behrens, by and through his attorney, Mark F. Bayley, Esquire, and in support of the within petition avers as follows: 1. Zachariah Behrens, Petitioner, (hereinafter referred to as "Father"), is the Defendant in the above caption-matter, and is an adult currently residing at 44 W. Main Street, Plainfield, PA 17081. 2. Heather Behrens, Respondent, (hereinafter referred to as "Mother"), is the Plaintiff in the above-captioned matter, and is an adult currently residing at 2137 Newville Rd., Carlisle, PA 17013. 3. The parties are the natural parents of: Alexis S. Behrens (date of birth 9/28/2000). Jakyla M. Behrens (date of birth 7/27/2005). 4. A previous Order was entered on April 14, 2008 (a copy is attached as Exhibit 5. Said Order was based upon a written stipulation signed by the parties on March 19, 2008; Father was without counsel at the time and believed that the document he signed reflected an informal and temporary agreement; the document, prepared by Mother, contains no caption or mention that it would be submitted to the Court. 6. Father is interested in having more time with the children and is requesting that the current order be modified as agreed upon by the parties or otherwise determined by the Court to be in the best interests of the children. WHEREFORE, Petitioner requests this Honorable Court to schedule a custody conciliation conference. Respectfully submitted, BAYLEY & MANGAN Date: Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 HEATHER BEHRENS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-2310 CIVIL TERM ZACHARIAH BEHRENS, : CIVIL ACTION - LAW Defendant IN CUSTODY VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Zac i Ee ns, Dcfcn ant . A - ,K., •' ? , Heather Behrens, Plaintiff V. IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLYAINA :CIVIL ACTION - LAW :NO. 08'` X3(0 c1,r) 4u- :IN CUSTODY Zaclariah Behrens, Defendant ORDER OF COURT AND NOW .This 141 day of lko ,2008 upon presentation and consideration of the WWWWGGWP on and agreement incorporated train, and upon agreement of the parties, it is =Vybrdered and decreed as follows: 1. Shared legal c umody of the mina' children Alexis S Behrens born 9/28/00 and Jakyla M Behrens born 7/27/05 as contemplated by the act of November 5,1984,PS.1001, at seq., is awarded to mother and father. 2. Physical custody of the children Alexis S Behrens and Jakyla M Behrens will rest with mother. (a) Father shall exercise his visitation every Tuesday and Thursday evenings from 5:30 pm until 8:30 pm. (b)Every other weekend from Friday at 5:30pm and conchide Sunday at 8:30 pm. (c)iohdays should alternate so that father has the children Christmas Day on odd years from 12:00pmChristmas eve until 12:00pm Christmas Day.All other holidays should follow this order as well,Includigg mother and fathers day. 3. The parties shall provide transportation to and from each instance of visitation unless otherwise noted hacin.Specifically,mother shall provide transportation for the children to the maternal grandmotlyers (Ellen Paulus ) residence at 2137 Newville Rd Carlisle Pa 17015 father agrees to pick up and drop off at the maternal garandr??thers residents. (a) Parties agree that the scheduling of pick up (s) and drop off(s) can be modified if the parties agree. In the event the parties cannot come to an agreement the terms contained herein shall be strictly adhered to. By the court J. l 5 a Mr? MQ(,/ V -rrfpxmtd '-is yfyW "rl hh s,•???r?? ,?, ek Arlo V-7fil-9 44-7 -9-hi- /7 'v'!WA-MNN3d Ii,U?IEzCfnn.?,?'?'??FWfYJ £S :C Wd ? 1 SJV OW AdVIONOH1018d 3Hi JO 30L'30-Q313 HEATHER BEHRENS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.08-2310 CIVIL TERM ZACHARIAH BEHRENS, : CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Heather Behrens 2137 Newville Rd. Carlisle, PA 17013 C> Mark F. Bayley, E ire ri lj HEATHER BEHRENS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ZACHARIAH BEHRENS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, May 29, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator at 4th Floor, Cumberland County Courthouse, Carlisle on - Thursday, July 03, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. 2008-2310 CIVIL ACTION LAW FOR THE COURT, By: /s/ Hubert X. Gilro Es g. Custody Conciliator YP- The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled. individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?s 5 jo HOC 0 7 2= 14- HEATHER BEHRENS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ZACHARIAH BEHRENS, NO.2008-2310 Defendant IN CUSTODY COURT ORDER AND NOW, this Of ? day of July, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse on the D -day of 0 CV'-f, , 2008, at 1 :3Q . ?. in. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called on behalf of each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's current Order of April 14, 2008, shall remain in effect. BY THE COURT, -,*k -?- ?" V M. L. Ebert, Jr., Judge cc: Michael O. Palermo, Jr., Esquire Mark F. Bayley, Esquire ,Cl"" 4a,''d 7 - o 9. 6F 4- 1 61 :I I Wb 6- Inr OOOZ MViUNCi i. Gi3d 3Kl ?O 3'JHA -03 H I / IN11. HEATHER BEHRENS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ZACHARIAH BEHRENS, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. : CIVIL ACTION - LAW NO.2008-2310 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: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Alexis S. Behrens, born September 28, 2000 Jakyla M. Behrens, born July 27, 2005 2. A Conciliation Conference was held on July 3, 2008, with the following individuals in attendance: The mother, Heather Behrens, who appeared with her counsel, Michael O. Palermo, Jr., Esquire, and the father, Zachariah Behrens, with his counsel Mark F. Bayley, Esquire. 3. There is a prior Order of Court from April 14, 2008, which gives Mother primary custody and Father periods of temporary custody. Father wants to modify the existing Order and to essentially have a 50-50 shared physical custody arrangement. Mother is unwilling to agree with Father's proposed modification and a hearing is required. 4. The Conciliator recommends an Order in the form as attached. Date: July , 2008 OX41-?" Hubert X. Gilroy, Esquir Custody Conciliator