HomeMy WebLinkAbout08-4443IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD BEISHLINE,
Plaintiff
2008- qqq-3 CIVIL TERM
V.
LEAHANN BEISHLINE,
Defendant
: CIVIL ACTION - LAW
IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Richard Beishline, currently residing at 22 East Street, #6, Mt.
Holly Springs, Cumberland County, Pennsylvania.
2. The Defendant is Leahann Beishline, currently residing at 20 East Street, #12,
Mt. Holly Springs, Cumberland County, Pennsylvania.
3. Plaintiff seeks custody of Benjamin James Beishline, (DOB 11/13/01) and Jacob
Richard Beishline (DOB 4/16/03), currently residing at 22 East Street, #6, Mt.
Holly Springs, Cumberland County, Pennsylvania.
4. The children were born during the marriage.
The children are presently in the custody of Richard Beishline, currently residing
at 22 East Street, #6, Mt. Holly Springs, Cumberland County, Pennsylvania.
During the past five (5) years, the children have resided with the following
persons at the following addresses:
Richard Beishline, Suzanne Abel, Virginia Hostetter
22 East Street, #6, Mt. Holly Springs, PA 07/08 - present
Richard and Leahann Beishline, Justin & Brandon Thomas
20 East Street, #12, Mt. Holly Springs, PA 04/08 - 07/08
Leahann Beishline, Terrance McBride, Justin & Brandon Thomas
26 East Orange Street, Mt. Holly Springs, PA 08/07 -- 04/08
Leahann Beishline, Justin & Brandon Thomas
215 Second Street, Wormleysburg, PA 07/04 - 08/07
Leahann Beishline, Justin & Brandon Thomas
6 East North Street, Enola, PA 03/04 - 07/04
Richard and Leahann Beishline, Justin & Brandon Thomas
6 East North Street, Enola, PA 01/04 - 03/04
Richard and Leahann Beishline, Justin & Brandon Thomas
212 Creek Road, Camp Hill, PA 06/00 - 01/04
The mother of the children is Leahann Beishline, currently residing at 20 East
Street, #12, Mt. Holly Springs, Cumberland County, Pennsylvania. She is
married.
The father of the children is Richard Beishline. He is married.
5. The relationship of the Plaintiff to the children is that of father. Plaintiff currently
resides with the following persons: Suzanne Abel, Virginia Grace Hostetter.
6. The relationship of the Defendant to the children is that of mother. Defendant
currently resides with the following persons: Justin Thomas, Brandon Thomas.
7. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth.
Plaintiff knows of the following persons not a party to the proceedings who have
claims to have custody or visitation rights with respect to the children: none.
8. The best interest and permanent welfare of the children will be served by
granting the relief requested because:
Page 2
a. Plaintiff is capable of providing for the child's daily physical, social,
emotional, and medical needs, and will ensure the children maintain a
close relationship with Defendant.
b. Defendant has repeatedly been referred for medical treatment for her
behavior issues, which medical treatment Defendant adamantly refuses to
accept, thereby subjecting the children to Defendant's uncontrolled rages
and daily fits of violence directed towards, and exhibited in the presence
of, the children, Plaintiff, landlords, neighbors, co-workers, and law
enforcement officers.
c. Defendant has criminal charges for 2 counts of disorderly conduct and 1
count of resisting arrest pending with the Mt. Holly Springs Police
Department stemming from an altercation with a law enforcement officer.
d. Defendant is making payments to District Justice Manlove's office
pursuant to her 2007 guilty pleas to harassment and disorderly conduct
charges stemming from altercations with a previous neighbor and a
previous landlord.
e. Defendant is being evicted from her present residence for violation of the
peaceful habitation clause of her lease.
f. Plaintiff and Defendant have been legally and physically separated since
2004 when Plaintiff filed for divorce. Since that time Defendant has
repeatedly refused Plaintiff access to the children and has continually
made disparaging comments to the children about Plaintiff.
9•
Page 3
h. The parties have not reconciled, even though Plaintiff was economically
forced to reside with Defendant subsequent to his signing the lease for
Defendant's current residence after Defendant was forced to leave her
father's residence at Orange Street, Mt. Holly Springs, PA, where
Defendant lived after she was evicted subsequent to a physical altercation
with her neighbor and verbal altercation with her landlord within six
months after she was fired from her last job subsequent to a physical
altercation with her supervisor. Due to the necessity of providing housing
for the children, Plaintiff was forced to terminate his lease at 6041
Greenfield Lane, Harrisburg, Pennsylvania, as Defendant continued to
refuse Plaintiff access to, or custody of, the children.
i. Defendant has advised Plaintiff she intends to remove the children to
Tennessee to live with an unidentified friend, and permanently subvert
Plaintiffs relationship with the children. Since Defendant has no job, and
multiple criminal and civil matters pending, Plaintiff believes Defendant's
advisory is both credible and imminent.
j. Cumberland County Children & Youth Services has investigated
Defendant at least 4 times since 2002; and is currently investigating
Defendant pursuant to her leaving the children without any supervision
while simultaneously refusing Plaintiff access to the children.
k. The children are in fear of Defendant as a result of her behavior issues.
1. Defendant fails to properly provide for the health and safety of the
children, to wit, Defendant fails to properly feed, bathe, and clothe the
Page 4
children, and engages in physical and verbal confrontations with Plaintiff
and the children when Plaintiff attempts to so provide for the children.
9. 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 have been given notice of the pendency of this
action and the right to intervene: None.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an
Order granting him primary physical custody of the children, with supervised visitation
for Defendant.
Respectfully submitted,
ichard Beishline, Pro Se
22 East Street, #6
Mt Holly Springs, PA 17065
(717) 695-1882
Page 5
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD BEISHLINE,
Plaintiff 2008 - CIVIL TERM
V.
LEAHANN BEISHLINE,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
VERIFICATION
I VERIFY that I have personal knowledge of all facts not of record set forth in the
foregoing pleading, and that such statements are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to
authorities.
Date: ? D c ? .
Richard Beishline
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD BEISHLINE,
Plaintiff 2008 - CIVIL TERM
V.
LEAHANN BEISHLINE, CIVIL ACTION -LAW
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I certify that, concurrent with filing the foregoing Complaint for Custody, I am this
day serving a copy of same via First Class, certified, U.S. Mail, to the following
Defendant:
Leahann Beishline
20 East Street, #12
Mt. Holly Springs, PA 17065
Date: Aichar Beishline, Pro Se
22 East Street, #6
Mt Holly Springs, PA 17065
(717) 695-1882
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD BEISHLINE,
Petitioner
2008- yyy3 CIVIL TERM
V.
LEAHANN BEISHLINE,
Respondent
: CIVIL ACTION - LAW
IN CUSTODY
PETITION TO PROCEED IN FORMA PAUPERS
AND NOW, this 24th day of July, 2008, comes Petitioner, Richard Beishline, pro
se, who avers as follows:
Petitioner respectfully represents that, because of my financial condition, I am
unable to pay the fees and costs of prosecuting or defending my custody case at
this time.
2. Petitioner has attached as Exhibit A my Affidvait in support of my Petition to
Proceed in Forma Pauperis.
3. Petitioner understands that I am obligated to inform the Court of any
improvement in my financial circumstances.
4. Petitioner seeks an Order granting this Petition to Proceed in Forma Pauperis.
WHEREFORE, Petitioner, Richard Beishline, respectfully requests this
Honorable Court grant his Petition to Proceed in Forma Pauperis.
Respectfully submitted,
Richard Beishline, Pro Se
22 East Street, #6
Mt Holly Springs, PA 17065
(717) 695-1882
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD BEISHLINE,
Petitioner
V.
LEAHANN BEISHLINE,
Respondent
2008 - CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
AFFIDAVIT PURSUANT TO Pa.R.C.P. 240(c)
1. 1 am the Petitioner in the above matters and because of my financial condition
am unable to pay the fees and costs of prosecuting or defending the action or
proceeding.
2. 1 am unable to obtain funds from anyone, including my family and associates, to
pay the costs of litigation.
3. 1 represent that the information below relating to my ability to pay the fees and
costs is true and correct:
(a) Name:
Address:
?-?'?
Social Security #:
(b) Employment: If you are presently employed, state:
Employer:
Address: Z ?? 'C;
Salary or wages per month: V4-17 /44-Ir
Type of work: kj v f i c'
If you are presently unemployed, state:
Date of last employment:
Salary or wages per month:
Type of work:
(c) Other Income within the past twelve months:
Business or profession: 6a,?x
Other self-employment: Y A-f v r c
Interest:
Dividends:
Pension & Annuities:
Social Security benefits:
Support Payments:
Disability Payments:
Unemployment Comp & Supplemental Benefits:
Workers' Compensation:
Public Assistance:
Other:
(d) Other contributions to household support:
(Wife)(Husband) Name:
If spouse is employed, state:
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents:
Other contributions:
(e) Property owned:
Cash:
Checking Account: _
Savings Account:
Certificates of Deposit:
Real Estate (including home):
Motor Vehicle:
Make: 4f?el.?VY VA•? Year: 4?3
Cost:
Stocks & Bonds:
Other:
Amount Owed: 2 ?d v
(f) Debts and Obligations:
Mortgage:
Rent:
Loans:
Other:
(g) Persons dependent upon you for support:
(Wife)(Husband) Name:
Children, if any:
Name: ! ? ?f fr/' f?;?E Age
Name: J/J-'C.0A Age
Other persons:
Name:
Relationship:
4. 1 understand that I have a continuing obligation to inform the court of
improvement in my financial circumstances that would permit me to pay the
costs incurred herein.
5. The verification for this Praecipe is attached hereto and is incorporated herein
by reference.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD BEISHLINE,
Petitioner 2008 - CIVIL TERM
V.
LEAHANN BEISHLINE,
Respondent
CIVIL ACTION - LAW
IN CUSTODY
VERIFICATION
I VERIFY that I have personal knowledge of all facts not of record set forth in the
foregoing pleading, and that such statements are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to
authorities.
Date: y6y
Richard Beishline
vil
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RICHARD BEISHLINE,
PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
LEAHANN BEISHLINE,
RESPONDENT
NO. 08-4443 CIVIL
IN RE: PETITION TO PROCEED IN FORMA PAUPERIS
ORDER OF COURT
AND NOW, this 31St day of July, 2008, upon consideration of the
Petitioner's Petition to Proceed in Forma Pauperis,
IT IS HEREBY ORDERED AND DIRECTED that the Petition is
GRANTED.
By the Court,
ZRichard Beishline, Pro Se
Petitioner
Leahann Beishline
Respondent
Court Administrator - $AS 91, (CE-
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Capl,es rruaILL
8?i ?08
N'-tq', -
M. L. Ebert, Jr., J.
?l #
RICHARD BEISHLINE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2008-4443 CIVIL ACTION LAW
LEAHANN BEISHLINE
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, August 05, 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 Friday, September 05, 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.
FOR THE COURT,
By: /s/ Hubert X. Gilroy, Es q.
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. 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
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RICHARD BEISHLINE, : IN THE COURT OF COMMON PLEAS OP)6
PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA
V.
LEAHANN BEISHLINE,
RESPONDENT NO. 08-4443 CIVIL
IN RE: PETITION TO PROCEED IN FORMA PAUPERIS
ORDER OF COURT
AND NOW, this 31s` day of July, 2008, upon consideration of the
Petitioner's Petition to Proceed in Forma Pauperis,
IT IS HEREBY ORDERED AND DIRECTED that the Petition is
GRANTED.
By the Court,
M. L. Ebert, Jr., J.
Richard Beishline, Pro Se
Petitioner
Leahann Beishline
Respondent
Court Administrator
bas
RICHARD BEISHLINE,
Plaintiff
V.
LEAHANN BEISHLINE,
Defendant.
ANSWER TO 4
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 2008 - 4443 CIVIL TERM
"USTODY COMPLAINT AND NEW MATTER
AND NOW, comes, Leahann Beishline, hereinafter known as "Mother", by and
through her attorneys, The Family Law Clinic and respectfully responds to the custody
complaint of Richard Beishline, hereinafter known as "Father", as follows:
1. ADMITTED.
2. ADMITTED.
3. ADMITTED.
4. ADMITTED. By way of further answer, Father resided with the children at 26
East Orange Street, Mt. Holly Springs, PA as well as 215 Second Street,
Wormleysburg, PA.
5. ADMITTED.
6. ADMITTED.
7. ADMITTED.
8. DENIED.
a. DENIED. By way of further answer, Father is currently unemployed, and
does not have any means of support for the children. Father has denied
Mother any access to the children; further, when Mother has attempted to
contact the children, Father and his paramour have threatened to have
Mother arrested and have physically assaulted Mother. The most recent
incident has led to the police arresting Father's paramour for aggravated
assault on Mother.
b. DENIED. By way of further answer, Mother has seen numerous medical
professionals for physical problems and their side effects and has never
refused treatment of any kind. She is currently under the care of a
physician.
c. ADMITTED.
d. ADMITTED.
e. DENIED. By way of further answer, Mother is not being evicted from her
residence. Father refused to contribute to the household maintenance, thus
both Mother and Father were subject to eviction. Mother settled the matter
with the landlord and has maintained the lease without Father's assistance.
f. DENIED. By way of further answer, Father admits in his complaint that
he lived in the same household with both Mother and the children since
April 2008. Additionally, Father lived with Mother and the children in
their home in Wormleysburg, PA. Mother's landlord evicted the family,
including Father, from the residence for breach of lease because Father
was living in the residence while not being named on the lease. After this
eviction, Father moved with Mother into her father's home. Father never
finalized the divorce that he initiated because the parties reconciled and
requested marriage counseling from the Court. Further, Mother has
repeatedly requested that Father move back into the marital home;
however, Father has refused to move back into the home or allow Mother
any contact with the children.
g. Does not make an assertion
h. DENIED. By way of further answer, Mother's landlord did not evict her
from her residence due to a physical altercation; rather, she was evicted
because Father lived in the residence while not on the lease. Mother's
father did not force her to leave his residence; rather, she left because she
was living with Father at the time and they chose to establish a residence
as a family, as evidenced by the fact that Father and Mother each signed
the current lease to the family's home.
i. DENIED. By way of further answer, at no time has Mother stated that she
will remove her children form the area. Father is fully aware that Mother's
friend is a female childhood friend that Mother keeps in contact with on a
regular basis. Mother has kept in contact with the friend for the duration of
her relationship with Father and Father is aware of the friend's name and
location.
j. ADMITTED IN PART AND DENIED IN PART. By way of further
answer, it is admitted that Cumberland County Children and Youth
Services have investigated both Mother and Father. It is denied that
Cumberland County Children and Youth Services opened the current
investigation because Mother left the children alone without any
supervision; rather, Father and took the children from Mother, and then
left the children with the paramour. Father's paramour then threatened
Mother with legal action if she attempted to see the children. After
Cumberland County Children and Youth Services arrived at the
paramour's house to investigate the situation, Father returned in such an
intoxicated state that Cumberland County Children and Youth Services
returned the children to Mother because Father was unable to care for
them at that time.
k. DENIED. By way of further answer, the children have repeatedly stated
that they are not afraid of Mother and have spent time with Mother
whenever Father has allowed them the opportunity.
1. DENIED. By way of further answer, Cumberland County Children and
Youth Services has investigated Mother and determined that she has
provided for the children's needs when the children were in her care.
Additionally, Father is currently living in the home of his paramour, who
was recently arrested on a number of criminal counts including aggravated
assault against Mother.
9. ADMITTED IN PART AND DENIED IN PART. By way of further answer, it is
admitted that each parent whose parental rights have not been terminated has been
named as parties to this action. However, it is denied that all parties who have had
physical custody of the children have been named in the action. Since July 24,
2008, Father's paramour, Suzanne Spencer Abel has shared physical custody of
the children with Father.
NEW MATTER
10. Mother reasserts all allegations set forth in paragraphs 1-9 of the complaint.
11. This Court should grant the relief requested for the following reasons:
a. Mother has been the primary caretaker of the children since their births.
b. The children have a close relationship with their two half brothers that still
live with Mother.
c. Father has consistently shown no interest in the children. Father has left
the family on several occasions with no means of support. During these
times, Father has refused to pay child or spousal support. Father recently
left his job after he did not get a promotion; he is currently unemployed,
and depends upon his paramour for his support.
d. On July 23, 2008, Father took the children to his paramour's home. Since
that date, both Father and his paramour, Suzanne Spencer Abel, have
refused to allow Mother contact with the children.
e. Father refuses to maintain regular employment; however, he maintains a
regular travel schedule with his band that includes out of state
performances and preparations for a trip out of the country.
f. Father and his paramour have created and subjected the children to a
dangerous environment. Father's paramour, Suzanne Spencer Abel, has
verbally threatened and physically attacked Mother several times. On
August 21, 2008, Father repeatedly hit Mother with his van while one of
children was in the van. Father's attack on Mother has resulted in Mother
filing a petition for Protection from Abuse, which is currently pending.
g. On August 21, 2008, Father's paramour attempted to hit Mother with her
van. Mother leapt onto the van to avoid being hit by Father's paramour
and Father's paramour drove approximately one-half of a mile with
Mother clinging to the front of the van. Father's paramour stopped the van
only after hitting a police cruiser.
h. The police arrested Father's paramour because of the incidents of August
21, 2008, and charged her with several crimes, including aggravated
assault.
i. Father's paramour was ordered by the court not to return to her residence
because of the incidents of August 21, 2008.
j. Father stated to a Cumberland County Children and Youth Services
caseworker that he was fearful that he would hurt himself due to the
events caused by his paramour; yet he remains with his paramour and has
requested that the children remain in his and the paramour's care and
control.
WHEREFORE, Mother requests that this Honorable Court find that it is in the best
interests of the children that Mother and Father share legal custody of the children, that
Mother be granted full physical custody and that Father be granted partial custody as this
Honorable Court sees fit.
Respectfully submitted,
q 7
D6te
MICHAEL LIGHTF T
Certified Legal Intern
(4--
THOMA M. PLACE
ROBERT E. RAINS
ANNE MACDONALD-FOX
MEGAN RIESMEYER
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013-2899
(717) 243-2968
Fax: (717) 243-3639
VERIFICATION
I verify that the statements made in the foregoing Custody Complaint are true and
correct, to the best of my knowledge, information and belief. I understand making any
false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to
unsworn falsification to authorities.
Date: CI O S1C(YC1d1? ,' `?i?1?Xa?k(?
Leahann M. Beishline, Petitioner
CL 7
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RICHARD BEISHLINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
LEAHANN BEISHLINE,
Defendant. : NO. 2008 - 4443 CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Leahann Beishline, Plaintiff, to proceed in forma pauperis.
The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies
that we believe the party is unable to pay the costs and that we are providing free legal service to
the party.
Date
Res ectfully 7itted,
c
I ?'
Michael Lightfoot
Certified Legal Intern
wc-&_
ROBER S
THOMAS . PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
MEGAN RIESMEYER
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD BEISHLINE,
Petitioner
: 2008- 4443 CIVIL TERM
V.
LEAHANN BEISHLINE,
Respondent
: CIVIL ACTION - LAW
IN CUSTODY
PETITION TO PROCEED IN FORMA PAUPERIS
AND NOW, this 6" "?44 , day of January 2009, comes Petitioner, Richard
Beishline, pro se, who avers as follows:
1. Petitioner respectfully represents that, because of my financial condition, I
am unable to pay the fees and costs of prosecuting or defending my custody
case at this time.
2. Petitioner has attached as Exhibit A my Affidvait in support of my Petition
to Proceed in Forma Pauperis.
3. Petitioner understands that I am obligated to inform the Court of any
improvement in my financial circumstances.
4. Petitioner seeks an Order granting this Petition to Proceed in Forma
Pauperis.
WHEREFORE, Petitioner, Richard Beishline, respectfully requests this
Honorable Court grant his Petition to Proceed in Forma Pauperis.
Respectfully submitted,
ii "-/W ,?.i ? ? -
Richard Beishline, Pro Se
210 E Street
Carlisle PA 17013
(717) 385-1769
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD BEISHLINE,
Petitioner
V.
LEAHANN BEISHLINE,
Respondent
2008 -4443 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
AFFIDAVIT PURSUANT TO Pa.R.C.P. 240(c)
1. I am the Petitioner in the above matters and because of my financial
condition am unable to pay the fees and costs of prosecuting or defending
the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and
associates, to pay the costs of litigation.
3. I represent that the information below relating to my ability to pay the
fees and costs is true and correct:
(a) Name: L ,,/. ???/?f?l•?/GG"
Address:
Social Security #: / 3 , ? 37
(b) Employment: If you are presently employed, state:
Employer:
Address: 2-10 ?' j`/2 'r ?f?`G A 17013
Salary or wages per month: z?S ?A 5ad- -0
Type of work:
If you are presently unemployed, state:
Date of last employment:
Salary or wages per month:
Type of work:
(c) Other Income within the past twelve months:
6-?,,'/' j
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension & Annuities:
Social Security benefits:
Support Payments:
Disability Payments:
Unemployment Comp & Supplemental Benefits:
Workers' Compensation:
Public Assistance: A ao 411
Other:
(d) Other contributions to household support:
(Vk;ffe)(HftshEmd) Name: A Wes' r" -Z "- If spouse is employed, state:
Employer: (// ?/vGo?`?!? y ?S147YIZ4-!-Y
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents:
Other contributions:
(e) Property owned:
Cash: A10 Wt?-
Checking Account: U1??
Savings Account: II°W?'
Certificates of Deposit: A10AILd-
Real Estate (including home): /(k'A -
Motor Vehicle:
Make: Cvy VOW Year: 7-.;,
Cost: -20 V Amount Owed: /? oad
Stocks & Bonds:
Other: f/L?WM d,?
(f) Debts and Obligations:
Mortgage:
Rent:
Loans:
Other:
(g) Persons dependent upon you for support:
(Wife)(Husband) Name:
Children, if any:
Name: ? V-A ";r Age
Name:
Age
Other persons:
Name:
Relationship:
4. I understand that I have a continuing obligation to inform the court of
improvement in my financial circumstances that would permit me to pay
the costs incurred herein.
5. The verification for this Praecipe is attached hereto and is incorporated
herein by reference.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD BEISHLINE,
Petitioner 2008- 4443 CIVIL TERM
V.
LEAHANN BEISHLINE,
Respondent
CIVIL ACTION - LAW
: IN CUSTODY
VERIFICATION
I VERIFY that I have personal knowledge of all facts not of record set forth in
the foregoing pleading, and that such statements are true and correct to the best of
my knowledge, information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn
falsification to authorities.
Date: N ? ??' O jc • ¢??r?'???ir-?
Richard Beishline
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD BEISHLINE, ;
Petitioner 2008- 4443 CIVIL TERM
V.
CIVIL ACTION - LAW
LEAHANN BEISHLINE,
Respondent IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
fi
AND NOW, this day of January 2008, come Petitioner, pro se,
who avers as follows:
1. The Petition of Richard Beishline respectfully represents that on July 24,
2008, Petitioner filed a Complaint in Custody. A Conciliation Conference was
held on September 5, 2008, before Hubert Gilroy, Esq.
2. Both parties were represented at the Conciliation Conference. Megan
Garrison of Cumberland County Children & Youth Services also attended the
conference.
3. The parties were unable to agree about the terms of custody, and Attorney
Gilroy issued a letter to the parties, a copy of which is attached as Exhibit A.
4. On December 22, 2008, Orders to Terminate Dependency were signed by the
Honorable Judge M.L. Ebert, Jr. A copy of the Order as to Benjamin
Beishline is attached as Exhibit B. A copy of the Order as to Jacob Beishline
is attached as Exhibit C.
5. The Orders were submitted upon agreement of Children & Youth Services
and the parties' counsel, without the consent or signature of either Petitioner
or Respondent.
6. The tenth paragraph of the Orders provides that "should any further
adjustments be needed to this custody agreement that they will pursue this
matter through conciliation with the custody court."
7. These Orders should be modified because the minor children's home
environment with Respondent causes the children extreme stress and
emotional trauma and places them in continuing danger, and Respondent's
conduct is specifically calculated to impede the children's relationship with
Petitioner, specifically;
a. Respondent has engaged in a protracted and escalatingly violent
course of conduct that has necessitated intervention by seven separate
police departments (Camp Hill, East Pennsboro, West Shore Regional,
West Fairview, Mt. Holly Springs, Carlisle, and the PA State Police),
Cumberland County Children & Youth Services, and three District
Justices (Charles Clement, Robert Manlove, and Susan Day).
b. Respondent willfully breached the Safety Plan established by Children
& Youth Services, which provided that "The safety of the children will
be met and the children will not witness any altercations between
Leahann, Richard, and Suzanne Abel." Specifically, on August 21,
2008, Benjamin Beishline witnessed his mother argue and insult his
father, jump on his father's vehicle in an effort to prevent him from
picking up his brother from day care, and then chase after Ms. Abel's
vehicle and jump on her windshield while screaming death threats to
Ms. Abel.
C. Respondent's breach of the Safety Plan resulted in the children's
removal from Petitioner's custody and subsequent placement in foster
care on August 22, 2008, where the children remained until December
19, 2008.
d. As documented in the Findings of Fact Order signed by the Honorable
Judge Ebert on August 26, 2008, (see attached Exhibit D), resulting
from the Emergency Placement Hearing, Respondent admitted she
threatened to kill the children if she could not have them.
e. Respondent willfully violated the Master's Recommendations for
Adjudication and Disposition Orders signed by the Honorable Judge
Ebert on September 9, 2008, (see attached Exhibit E), when she
attended the children's medical examinations without Cumberland
County Children & Youth's knowledge or consent, and demanded and
received from the Dauphin County caseworker unsupervised visitation
with the children. Respondent further admonished the children not to
tell anyone she visited with them that day.
f. During her supervised visitations with the children, Respondent
repeatedly made disparaging remarks about Petitioner in an effort to
destroy the relationship between the children and Petitioner.
g. Respondent willfully refused to comply with the Placement Permancy
Plan established by Children & Youth Services, including obtaining a
psychiatric evaluation and recommended medical treatment.
h. Since the children were returned to the custody of the parents,
Petitioner has refilled for divorce. Since Respondent received the
Complaint in Divorce, she has refused to allow the children the daily
phone contact they had been initiating with Petitioner, stating she
would allow contact to resume only if Petitioner terminated his
relationship with Ms. Abel, whom she refers to as "the fucking cunt".
The phone calls in which Respondent has expressed her position were
witnessed by the children as they could be heard in the background of
the voice mail messages.
i. On January 5, 2009, Petitioner went to the Mt. Holly Elementary
School where the children were directed to be enrolled, and learned
that Respondent had failed to register the children for school.
Petitioner was advised at the District Office that he could not enroll
the children without their birth certificates, which were in
Respondent's possession. When Petitioner called Respondent and
asked for the birth certificates, while Petitioner could hear the children
in the background, Respondent refused to give the birth certificates to
Petitioner, screamed several profane remarks to Petitioner, and hung
up on him. It was only after Respondent received a phone call from the
Carlisle School District's administration office advising Respondent
that legal action would be taken if the children were not registered
that day. As a result of Respondent's conduct, the children have now
missed two days of school, and witnessed further abusive and violent
conduct.
8. Petitioner seeks an Order directing such evaluation and any recommended
medical treatment, and primary custody be granted to Petitioner with
supervised visitation to Respondent, pending the outcome of that evaluation
and any recommended medical treatment.
WHEREFORE, Petitioner, Richard Beishline, respectfully requests this
Honorable Court modify the existing Orders because it will be in the best interest of
the children.
Respectfully submitted,
e4t) QM
? Richard Beishline, Pro Se
210 E Street
Carlisle PA 17013
(717) 385-1769
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD BEISHLINE, :
Petitioner 2008 -4443 CIVIL TERM
V.
: CIVIL ACTION - LAW
LEAHANN BEISHLINE, :
Respondent IN CUSTODY
VERIFICATION
I VERIFY that I have personal knowledge of all facts not of record set forth in
the foregoing pleading, and that such statements are true and correct to the best of
my knowledge, information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn
falsification to authorities.
Date: - 06 D /L" &&'
Richard Beishline
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD BEISHLINE,
Petitioner 2008- 4443 CIVIL TERM
V. :
CIVIL ACTION - LAW
LEAHANN BEISHLINE,
Respondent IN CUSTODY
CERTIFICATE OF SERVICE
I certify that, concurrent with filing the foregoing Petition for Modification of
Custody, I am this day serving a copy of same via First Class, certified, U.S. Mail, to
the following Respondent:
Leahann Beishline
20 East Street, #12
Mt. Holly Springs, PA 17065
Dat r 401'4 .w?
Richard Beishline, Pro Se
210 E Street
Carlisle PA 17013
(717) 385-1769
09/08/2008 11:11 717-243-1850
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MARTSON,
LAW 'OFFICES
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THOMAS J. WILUAMS*
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DAVID A: FPIZSIMONS
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JMOMMR I- SPRARs
SETH T. MOMEY
TR(SDY E. FERL[t4GER
KATIE J MAXWELL
W) Cmr.'11YUL SNCL4L W
10 EAST HIGH STAM .
CARLISLE, pM4NsnvANIA 17013
TsLTwom (717) 243-3341
F,ustrtQ;E (717) 243-1850
INTERNET WWwxn*rmmi2Wtom
VIA FACSIMILE: 233=5860
Joseph J. Dixon, Esquire
126 State Street
Harrisburg, PA 17101
VIA FACSIMILE: 243-3639
Michael Lightfoot, CLI
Family Law Clinic
45 North Pitt Street
Carlisle; PA 17013
Re: Beishline v. Beishline
Dear Joe and Michael:
September 5, 2008
Confirming our conciliation conference, I have not taken any action in light of the fact that
this matter is goingbefore the Children's Services Master for a second conference. I will not be
filing any recommended Order with the Court unless the two of you get back to me after the next
conference with Children's Services.
Very truly yours,
MARTSON
HXG/tnan
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FAF7LESltlisMf V 2321 Gu=bdy Conciln[ionY12001t 12ri 1.1.Be4hline to to wuried "
INFORMATION • ADVICE • ADVOCACY SM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE MATTER OF BENJAMIN' BEISHLINE, Born 11/13/01. CP-21-DP-194-08
Dependent Juvenile
ORDER TO TERMINATE DEPENDENCY
d
AND NOW, this day of QLG 2008, it is ordered and directed
based on the stipulation of agreement. that Benjamin and Jacob Beishline be discharged from the
care and custody of Cumberland County Children and Youth Services, on December 19. 2008
and returned to the shared care and custody of their parents, Leahann and Richard Beishline.
Furthermore, it is ordered that dependency of said juveniles should be terminated and that
there is no need for In Home services from Cumberland County Children and Youth Services.
Additionally as the parents are separated it is directed that the children will alternate
between each parent for a two week period beginning on Sunday evenings at 6:30 P.M., with the
First two week custodial period to start December 21. 2008 with the mother. The party receiving
custody shall provide transportation.
The part}, not having primary custody of the children during the week will have a period
of custody on Wednesday from the time school ends, or 4:00 P.M., whichever- is earlier, until
7:30 P.M.
The parties will alternate the Christmas holiday yearly with Father having custody of the
children from December 23 through December 25, 2008, at 2:00 P.M., and Mother having
custody of the children from December 25, at 2:00 P.M., until December 27, 2008, at 2:00 P.M.
The parties will alternate the New Year holiday yearly with Mother having custody of the
children from noon on December 31, 2008, until noon on January 1, 2009.
?k?lri?it t3
The holiday schedule shall supersede all other custodial time.
Father will register the children for health insurance through the CHIP program.
All parties are in agreement that the children will be enrolled and attend school in the
Mother's home school district.
Lastly. all parties are in agreement that should any further adjustments be needed to this
custody agreement that they will pursue this matter through conciliation with the custody court.
All reasonable efforts were made to preserve and reunify the family and for the children
to safely return home.
By the Court,
M. L. Ebert, Jr.. J
cc: Lindsa}, D. Baird, Esquire, Solicitor for CCC&YS
Jacqueline Verney, Esquire, for the child
Sean Shultz, Esquire for Father
Megan Riesmeyer, Esquire for Mother
CCC&YS
Probation
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
IN THE MATTER OF JACOB BEISHLINE. Born 04/16/03, CP-21-DP-195-08
Dependent Juvenile
OR-DER TO TERMINATE DEPENDENCY
P Hd
AND NOW, this L day of NLI , 2008, it is ordered and directed
based on the stipulation of agreement, that Benjamin and Jacob Beishline be discharged from the
care and custody of Cumberland County Children and Youth Services, on December 19, 2008
and returned to the shared care and custody of their parents, Leahann and Richard Beishline.
Furthermore, it is ordered that dependency of said juveniles should be terminated and that
there is no need for In Home services from Cumberland County Children and Youth Services.
Additionally as the parents are separated it is directed that the children will alternate
between each parent for a two week period beginning on Sunda}, evenings at 6:30 P.M., with the
first two week custodial period to start December 21.. 2008 with the mother. The party receiving
custody shall provide transportation.
The party not having primary custody of the children during the week will have a period
of custody on Wednesday from the time school ends, or 4:00 P.M., whichever is earlier, until
7:30 P.M.
The parties will alternate the Christmas holiday yearly with Father having custody of the
children from December 23 through December 25, 2008, at 2:00 P.M., and Mother having
custody of the children from December 25, at 2:00 P.M., until December 27, 2008, at 2:00 P.M.
The parties will alternate the New Year holiday yearly with Mother having custody of the
children from noon on December 31, 2008, until noon on January 1, 2009.
?I71Z?3/ i C
The holiday schedule shall supersede all other custodial time.
Father will register the children for health insurance through the CHIP program.
All parties are in agreement that the children will be enrolled and attend school in the
Mother's home school district.
Lastly, all parties are in agreement that should any further adjustments be needed to this
custody agreement that they will pursue this matter through conciliation with the custody court.
All reasonable efforts were made to preserve and reunify the family and for the children
to safely return home.
By the Court,
M. L. Ebert, Jr., J
cc: Lindsay D. Baird, Esquire, Solicitor for CCC&YS
Jacqueline Verney, Esquire, for the child
Sean Shultz, Esquire for Father
Megan Riesmeyer, Esquire for Mother
CCC&YS
Probation
Commonwealth of Pennsylvania
In the Interest Of:
Jacob Beishline, a Minor
Date of Birth 4116103
AN THE COURT OF COMMON PLEAS OF
COUNTY, PENNSYLVANIA
JUVENILE DIVISION
:DOCKET NO: CP-21-DP-200-2008
FID: -FN-
FINDINGS OF FACT
PERSONS APPEARING AT THIS HEARING:
® Child ? Legal Counsel for Child
® Mother ® Mother's attorney
® Father ® Father's attorney
? Legal Guardian or Custodian
® Child's Guardian Ad Litem Z CASA
® Agency Worker ® Agency's attorney
? Other
? Legal Guardian or Custodian's attorney
AND NOW, this 25 day of AUGUST, 2008, these findings of fact relate to the emergency petition
regarding the above captioned case.
THE COURT FINDS AS FOLLOWS:
*,-It
Chief Goodhart of the Mount Holly Springs Police Department recommended that the children be removed
from the custody of their mother. He testified that the mother of the children was combative with and
assaultive toward police officers resulting. in criminal char es being filed. There were nine police call since
June 9 2008 and the incidents were escalating The children are generally present when these incidents
occur. An altercation occurred on August 21 2008, between the children's mother and the father's paramour.
On August 17-2008 the children's mother was reported by their father to have said that if she could not have
the children that she would kill them The fighting generally is over the children. There have been no
established incidents of abuse of the children The incidents are more between mother and father's paramour
than between mother and father. The father has been the primary caretaker of the children during this period,
but the parents live across the street from each other, and the potential for recurring incidents is very high.
The Chief feels that the children feel safe in their father's care.
The caseworker testified that there had been a safety plan agreed to that the children not be exposed to
any altercation between the adults That safety plan was breached. She understands that the parents have
mental health issues and recommends that they both have a psychiatric evaluation.
The parents have a custody concilliation scheduled in the near future. It is recommended that Judge
Ebert's emergency verbal order of August 22, 2008, placing the children in emergency foster care be ratified
and confirmed It is recommended that the emergency placement continue pending the adiudicatory hearing.
ECOMMENDED:
aster , 'b to
The Recommended Order is not final until confirmed y the Court below. If objections are raised to the
recommendations of the Master, a party may request a hearing before the court within three (3) days of the
date set forth above.
Ik
AND NOW, this lf? day of ?{v , 2008, after consideration this court finds the recommendation by the Master is
in the best interest of the child and is hereby adopted.
Commonwealth ot-Pennsylvania
In The Interest Of:
Jacob Beishline, A Minor
Date of Birth: 04116/2003
IN THE COURT C>r COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:JUVENILE DIVISION
DOCKET NO: CP-21-DP-0000195-2008
FID: 21-FN-00002-2008
MASTER'S RECOMMENDATION FOR ADJUDICATION AND
DISPOSITION - CHILD DEPENDENT
AND NOW, this 8th day of September, 2008, after consideration of the petition presented by
the Cumberland County Children and Youth Services Agency, it is ORDERED that the child is
found, by clear and convincing evidence, to be a Dependent Child pursuant to the Pennsylvania
Juvenile Act at 42 Pa.C.S.§6302'Dependent Child'.
FINDINGS OF FACT
Findings of Fact are as follows: The parents of the children are separated. There have been
escalating incidents of altercations between the parents, and between the mother and
father's paramour. The altercations are generally about the children and in their presence.
The caseworker put a safety plan in place to insulate the children from these altercations,
which plan was breached. The father calls the police on the mother, and the mother has filed
a PFA against the father. There have been at least nine police calls in the last couple of
months. Father testified that the mother has told him more than once that if she cannot have
ther children she will kill them, kill him, and then kill herself. The parents seem unable to
control their mutual animosity, and to protect the children from their conflicts.
CHILD REMOVED FROM HOME
The Court finds that based upon the findings of abuse, neglect and/or dependency of the
minor child, it is in the best interest of the child to continue to be removed from the home.
REASONABLE EFFORTS TO PREVENT REMOVAL FROM HOME
Further, the Court hereby finds that to allow this child to remain in the home would be
contrary to the child's welfare, and that Reasonable Efforts were made by the County
Children and Youth to prevent or eliminate the need for removal of this child from the home.
CUSTODY AND CONDITIONS
TRANSFER CUSTODY - Temporary legal custody is hereby transferred to an Agency or
Organization, specifically custody remains in cumberland County Children and Youth
Services for continued placement in foster care.
AGGRAVATED CIRCUMSTANCES
P4`3?
NO ALLEGATION - The Court hereby finds that no aggravated circumstances, as defined at
42 Pa. C.S. 6302 have been alleged.
AOPC 3801 REV. 09/08/2008?`? w ` '
MEDICAL CONSENT
It is further ORDERED and DECREED that, in the event of a medical emergency; the
Agency shall have the right to consent to necessary treatment for the child.
FINANCIAL SUPPORT
It is further ORDERED and DECREED that the individual(s) legally responsible for the
financial support of the child shall pay support to the county in an amount as determined by
the Family Court Division.
INDIAN STATUS
The child is not Indian as defined in 25 U.S.C. 1903(4), and the Indian Child Welfare Act does
not apply to these proceedings.
ORDERS/FINDINGS
It is recommended that the parents be directed to cooperate with psychiatric evaluations. It
is recommended that the agency may keep the identity of the foster parents confidential
from the parents. It is recommended that the parents both have separate supervised
visitation with the children. It is recomended that play therapy be provided to the children.
RECOMMENDED:
;1.
Master James D. Flower Jr. 1
The Recommendation Order is not final until confirmed by the Court below. If objections are
raised to the recommendations of the Master, a party may request a hearing before the Court
within three (3) days of the date set forth on page 1.
r
AND NOW, this day of %36,Q - C)C"D _ after
consideration this court finds the recommendation by the Master is in the best interest of the
child and is hereby adopted.
BY THE COURT:
--
CLIAA
Judge
AOPC 3801 REV. 09/08/2008
BY THE COURT:
Judge l Date
AOPC Form Updated 04/11/08
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RICHARD BEISHLINE,
PETITIONER
V.
LEAHANN BEISHLINE,
RESPONDENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-4443 CIVIL
IN RE: PETITION TO PROCEED IN FORMA PAUPERIS
ORDER OF COURT
AND NOW, this 8th day of January, 2009, upon consideration of the
Petition to Proceed in Forma Pauperis regarding the Petition for Modification of
Custody,
IT IS HEREBY ORDERED AND DIRECTED that the Petition to Proceed
in Forma Pauperis is DENIED.
ZRichard Beishline, Pro Se
Petitioner
210 E Street
Carlisle, PA 17013
L,,- Leahann Beishline
Respondent
20 East Street, #12
Mt. Holly Springs, PA 17065
Court Administrator 1/1`?/Oq.i4S
bas
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By the Court,
lv? L?A\
M. L. Ebert, Jr., J.
vltqvxv"E??-
RICHARD BEISHLINE,
Petitioner
V.
LEAHANN BEISHLINE,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: 2008- 4443 CIVIL TERM
PETITION FOR MODIFICATION OF CUSTODY
AND NOW, this M/ day of February 2009, comes Petitioner, pro se,
who avers as follows:
1
2.
3
4.
5
The Petition of Richard Beishline respectfully represents that on July 24,
2008, Petitioner filed a Complaint in Custody regarding the parties' two
natural children, Benjamin Beishline (d.o.b. November 13, 2001), and Jacob
Beishline (d.o.b. April 16, 2003). A Conciliation Conference was held on
September 5, 2008, before Hubert Gilroy, Esq.
Both parties attended and were represented by counsel. Megan Garrison of
Cumberland County Children & Youth Services also attended.
The parties were unable to agree about the terms of custody, and Attorney
Gilroy issued a letter to the parties, a copy of which is attached as Exhibit A.
On December 22, 2008, Orders to Terminate Dependency were signed by the
Honorable Judge M.L. Ebert, Jr. A copy of the Order as to Benjamin
Beishline is attached as Exhibit B. A copy of the Order as to Jacob Beishline
is attached as Exhibit C. The Orders were submitted upon agreement of
Children & Youth Services and the parties' counsel, but without the consent,
agreement, or signature of either Petitioner or Respondent.
Petitioner believes it is in the best interests of the children to modify these
Orders because Petitioner provides a more consistent, stable, and nurturing
environment; and because Petitioner has facilitated, and will continue to
facilitate, the children's ongoing relationship with Respondent via daily
phone contact and regular, scheduled visitations.
6. These Orders should also be modified because the children's extended
presence in Respondent's custody causes them extreme stress and emotional
trauma that Respondent is unable or unwilling to address; specifically:
a. Respondent and her 17 year old son (the instant children's step-
brother) regularly engage in verbal and physical altercations that the
children witness, and are drawn into. Such altercations usually self-
resolve, but several have required the intervention of outside family
members or police to restore calm. The children are traumatized by
these altercations, as evidenced by their phone calls to Petitioner,
which are abruptly terminated by Respondent.
b. Both children report that the physical and verbal abuse at the hands of
the step-brother, previously witnessed by Petitioner over the last 4
years, continues unabated. Such abuse can be heard by Petitioner
when the children call him for help, until Respondent or step-brother
abruptly terminate the calls. Upon return to Petitioner's custody, the
children present with bruises and small wounds that the children are
unable or unwilling to explain.
C. Notwithstanding Respondent's knowledge of the ongoing abusive
behavior towards the young children by their step-brother, Respondent
regularly places the children in the step-brother's custody and care
while she runs errands or stays at her boyfriend's house.
d. Respondent refused to enroll the children in the Mt. Holly Elementary
School where the children were Ordered to attend, and further refused
to provide Petitioner with the birth certificates necessary for Petitioner
to enroll the children. It was only after Respondent received a phone
call from the Carlisle School District's administration office advising
her that legal action would be taken if the children were not registered
immediately that Respondent enrolled the children. As a result of
Respondent's conduct, the children missed two days of school, and
witnessed Respondent's abusive and violent behavior towards
Petitioner and school administration staffi
e. Respondent frequently keeps the children home from school because;
inter alia, "he fell down the stairs," "he had a sore throat and since
snack was to be crackers, I didn't want his throat to be hurt," and "he
had an earache" after allowing the boys to play outside unsupervised
until 9:00 PM on a school night, without hats or gloves.
f. Respondent has never notified Petitioner of the children's absences
from school. Rather, Petitioner learns of the absences from the
children. Upon examining the children, the school nurse has found no
reason the children could not have attended school. Additionally,
Respondent has not taken the children to the doctor for any of the
absences. Further, she admonishes the children not to discuss their
injuries or illnesses, except to state they somehow happened while in
Petitioner's custody the previous week or two.
g. Respondent's erratic and irrational conduct, traumatizing the children,
and resulting in a willful breach of the Safety Plan established by
Children & Youth Services and the children's subsequent 4-month
placement in foster care, remains unchanged. Specifically;
i. On August 21, 2008, Benjamin Beishline (then age 6 years)
witnessed his mother argue with and insult his father, scream
profane and defamatory characterizations about his father to
Benjamin directly, jump on his father's vehicle to prevent his
father from picking up his younger brother from day care; and
then chase after Ms. Abel's vehicle and jump on her windshield
while screaming profanities and death threats at Ms. Abel.
ii. By Order dated August 26, 2008, signed by the Honorable Judge
Ebert, (see attached Exhibit D), Respondent admitted she
threatened to kill the children if she could not have them, and
also admitted to the allegations in paragraph f.1. above.
iii. Respondent willfully violated the Orders dated September 9,
2008, signed by the Honorable Judge Ebert, (see attached
Exhibit E), when she attended the children's medical
examinations without Cumberland County Children & Youth's
knowledge or consent, and demanded from the Dauphin County
caseworker unsupervised visitation with the children.
Respondent further admonished the children not to tell anyone
she visited with them that day.
h. Respondent has since advised Petitioner she believes that "overall,
foster care was a positive experience for the boys," and therefore,
Petitioner refuses to consent to outpatient counseling that was
previously Ordered for the children (see Exhibit D).
7. Furthermore, these Orders should be modified because Respondent's conduct
is specifically calculated to interfere with the children's relationship with
Petitioner:
a. Respondent registered the children for baseball in the Mt Holly
Springs league without Petitioner's prior knowledge or consent,
representing to the baseball association that such knowledge and
consent was obtained. Respondent then advised Petitioner that she
intended to unilaterally exercise custody of the children to attend their
practices and games because she "knew she it would conflict" with
Petitioner's other activities.
b. The children have never expressed an interest in baseball, but have
expressed interest in other sports activities, which Respondent refuses
to consider because the activities would be "too far for her to drive,"
and would conflict with her 10 year old son's baseball schedule.
c. During her weekly supervised visitations with the children at the
Children & Youth office, Respondent was heard repeatedly making
disparaging remarks about Petitioner's character, and denigrating
Petitioner's relationship with the children.
d. Respondent refuses to allow the children daily phone contact with
Petitioner, stating she would allow contact only if Petitioner
terminates his relationship with Ms. Abel, whom she refers to as "the
fucking cunt". The phone calls in which Respondent has expressed her
position were witnessed by the children, as they could be heard in the
background of the voice mail messages.
8. Petitioner seeks an Order awarding primary physical custody to Petitioner to
ensure their regular attendance at school and counseling while maintaining
the children's relationship with Respondent; and further directing
Respondent to execute an authorization for counseling for the children, and to
undergo a psychiatric evaluation and to comply with any recommended
medical treatment, as previously Ordered. Petitioner further seeks an Order
awarding alternating weekend visitation to Respondent, pending the outcome
of her psychiatric evaluation and ongoing compliance with any recommended
medical treatment.
WHEREFORE, Petitioner, Richard Beishline, respectfully requests this
Honorable Court modify the existing Orders as indicated because it will be in the
best interest of the children.
Respectfully submitted,
Richard Beishline, Pro Se
210 E Street
Carlisle PA 17013
(717) 385-1769
RICHARD BEISHLINE, IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. :
CIVIL ACTION - LAW
LEAHANN BEISHLINE,
Respondent 2008 -4443 CIVIL TERM
VERIFICATION
I VERIFY that I have personal knowledge of all facts not of record set forth in
the foregoing pleading, and that such statements are true and correct to the best of
my knowledge, information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn
falsification to authorities.
Date: ,7
Richard Beishline
RICHARD BEISHLINE, IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
LEAHANN BEISHLINE, :
Respondent 2008- 4443 CIVIL TERM
CERTIFICATE OF SERVICE
I certify that, concurrent with filing the foregoing Petition for Modification of
Custody, I am this day serving a copy of same via First Class, certified, U.S. Mail, to
the following Respondent:
Megan Riesmeyer, Esq.
Dickinson Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
Date: ?e " 74- 6 I
?/ ?ilow ; ?e I wo a4
Richard Beishline, Pro Se
210 E Street
Carlisle PA 17013
(717) 385-1769
09/08/2008 11:11 717-243-1850
MPM I JUIN L0.4w ?ji : l---
MARTSON DEARDORFF WILLIAMS OTTO GILROY & .FALLER
MARTSON.
LAW OFFICES
WILLIAM F. MARTSON
joHN B. FowLaR III
DANIEL K. DEARDORFF
Tmows J. WILLiAMS*
NO V OTro III
HuBERT X. GuxoY
GaoRGE R FALLrR JR.*
'BoAm Qmnnl
DAVID A. FTIZSIAIONS
CHRIsroPHER E. RIG£
JM4NI L. SPEARS
SsrH T. MomLzy
TRLZ)Y E. FENLINGER
KATIE J. MAXWELL
w Gvm Taw. sntctaw
10 EAST HIGH STREET
CARLISLE, PPNNSYLVANIA 17013
TELapHoNE (717) 243-3341
FACE WU.E 1,717) 243-1850
Inrr6RNFT wwwmmrtsmlawcom
VIA FACSIMILE: 233-5860
Joseph J. Dixon, Esquire
126 State Street
Harrisburg, PA 17101
VIA FACSIMILE: 243-3639
Michael Lightfoot, CLI
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
Re: Beishline v. Beishlule
Dear Joe and Michael:
September 5, 2008
Confirming our conciliation conference, I have not taken any action in light of the fact that
this matter is going before the Children's Services Master for a second conference. I will not be
filing any recommended Order with the Court unless the two of you get back to me after the next
conference with Children's Services.
Very truly yours,
MARTSON LAX OFFICES
X. Gilroy
HXG/man
F\F Z5. liams%l23Z1 Cuxod)Concilisciont?200a?Ii?Z1. .Bel?hline In to oounsei
'a)(4 4 if - A
INFORMATION • AD V ICE • ADvo CACY SM
IN THE COIJR'I OF COMMON PLEAS 01-
CUMBERLAND C01 NTY. PENNSY'VANIA
IN THE MATTER OF BENJAMIT BEISHLINE, Born 11;'1 C11-21-11P-194-08
Dependent Juvenile
ORDER TO TERMINA I'E DEPENDENCE
i
AND NOW. this ? ?hd da` of D;.c. .2008. it is ordered and directed
based on the stipulation oi'agreement. that Beniamin and Jacob Beishline be discharged from the
care and custody of Cumberland County Children and Youth Ser- ices. on December 19. 2008
and returned to the shared care and custody of their parents.. Leaharm and Richard Beishline.
Furthermore, it is ordered that dependence of said juveniles shouid he terminated and that
there is no need for In Home services from Cumberland Count-v Children and Youth Services.
Additionally as the parents are separatect it is directed that the children will alternate
between each parent for a two week period beQinrting on Sundae e, enings at 6:30 P.M., with the
first two v?;eek custodial period to start Decembe; 21. 2008 with the mother. The party receiving
custod% shall provide transportation.
The party not having primary custod% of the children during the week v,,itl have a period
of custody on Wednesdav from the time school ends, or 4:00 P.M.. whichever is earlier. until
The parties will alternate the Christmas holiday yearly with Father haying custody of the
children from December 23 though December 25. 2008, at 2:00 P.M., and Mother having
custody of the children from December 25. at 2:00 P.M., until December 27. 2008. at 2:00 P.M.
The parties will alternate the New Year holiday yearly with Mother having custody of the
children from noon on December 31. 2008, until noon on January 1. 2009.
IT'
The holiday sclheduie shall supersede all other custodial time.
Father wil! rtpster the children for health insurance through the CHIP program.
All parties are in ti-greement that the ciiiidren i11 he enrolled and attenc; chooi in the
Mothers home school district.
Lastly. all parties are in agreement that should am further adjustments he needed to this
custody agreement that the% will pursue this matter th,ougl: conciiiatiot? with the custody c?uut.
All reasonable efforts were made to preserve and reunif\ the family and for the children
to safei? return home.
BN the Court.
1
ibi. L- Ebert. Ji
cc Lindsay D. Baird. Esquire, Solicitor for CCC&YS
Jacqueline Verney, Esquire, for the child
Sean Shultz. Esquire for Father
Megan Riesmever, Esquire for Mother
CCC&IYS
Probation
0-tZ5
IN TFIE COURT OF COMMON PLEAS Of-
CU 1vIBFL`RL.AND ? ffl 'v, A . 1'E S`'LVANIA
1N I'll-HE MATTER OF.1ACOB BEISHLINE. Born 04.116/0;. CP i -DP-19?-08
Dependent.luveniie
ORDER TO FERNIINA 11 DEPENDENCY
AND NOW. this 1 ? dati of it is ordered and directed
based on the stipulation of agreement. that Benjamin and Jacob Beishline be discharged from the
care and eustodv of Cumberland County Children and Youth Services, on December 19. 2008
and returned to the shared care and custody of their parents. Leaharm and Richard Beishline.
Furthermore, it is ordered that dependcnc% of said juveniles should be terminated and that
there is no need for In Home services from Cumberland Counn Children and Youth Seri ices.
Additional,'% as the parents are separated ii is directed that the children will alternate
between each parent for a two week period beginning on Sundae evenings at 6:30 P.M., with the
first two week custodial period to start December 21. 2008 with the mother. The part, receiving
custody shall provide transportation.
The party not having primary custody of the children during the week will have a period
of custody on Wednesday from the time school ends, or 4:00 P.M.; whichever is earlier. until
7:30 P.M.
The parties will alternate the Clu istmas hohda% yearly with Father having custod; of the
children from December 23 through December 25,". 2008, at 2:00 P.M.. and Mother having
custody of the children from December 25, ai 2:00 P.M.. until December 27. 2008, at 2:00 P.M.
The parties will alternate the New Year holiday veark with Mother having custody of the
children from noon on December 31. 2008. until noon on January 11. 2009.
?xxl'??rT' C
The holiday schedule shall supersede all other custodial time
Father will re,_nster the children for health insurance through the CHIP program,
All parties are in agreement that the children will be enrolled and attend school in the
Motlier's home schwo district.
Lastly. all parties are in agreement that should any further adjustments be needed to this
custody agreement that they \.iil pursue this matter through conciliation with the custody court.
All reasonable efforts were made to presme and reunifi- the family; and for the children
to safer return home.
BN the Court.
cc: LindsaN D. Baird. Esquire. Solicitor for CCC&YS
.Jacqueline Verney. Esquire. for the child
Sean Shultz. Esquire for Father
Megan Riesmeyer, Esquire for Mother
CCC&YS
Probation
Commonwealth of Pennsylvania
In the Interest Of:
Jacob Beishline, a Minor
Date of Birth 4/16/03
CP-21-DP-200-2008
-FN-
!IN THE COURT OF COMMON PLEAS OF
COUNTY, PENNSYLVANIA
JUVENILE DIVISION
DOCKET NO
FID:
FINDINGS OF FACT
PERSONS APPEARING AT THIS HEARING:
Z Child
® Mother
Legal Counsel for Child Z Child's Guardian Ad Litem
Mother's attorney
Father ® Father's attorney
? Legal Guardian or Custodian
® Agency W order
Other
CASA
C Agencys attorney
? Legal Guardian or Custodian's attorney
AND NOW. this 25 day of AUGUST. 2008, these findings of fact relate to the emergencv petition
regarding the above captioned case.
THE COURT FINDS AS FOLLOWS:
41t
Chief Goodhart of the Mount Holly Springs Police Department recommended that the children be removed
from the custody of their mother. He testified that the mother of the children was combative with and
assaultive toward police officers, resulting in criminal charges being filed- There were nine police call since
June 9 2008, and the incidents were escalating. The children are generally present when these incidents
occur. An altercation occurred on August 21, 2008, between the children's mother and the father's paramour.
On August 17, 2008 the children's mother was reported by their father to have said that if she could not have
the children that she would kill them, The fighting generally is over the children. There have been no
established incidents of abuse of the children. The incidents are more between mother and fathers paramour
than between mother and father. The father has been the primary caretaker of the children during this period,
but the parents live across the street from each other, and the potential for recurring incidents is very high.
The Chief feels that the children feel safe in their father's care.
_ The caseworker testified that there had been a safety plan agreed to that the children not be exposed to
any altercation between the adults. That safety plan was breached. She understands that the parents have
mental health issues, and recommends that they both have a psychiatric evaluation.
The parents have a custody concilliation scheduled in the near future. It is recommended that Judge
Ebert's emergency verbal order of August 22, 2008, placing the children in emergency foster care be ratified
and confirmed. It is recommended that the emergency placement continue pending the adiudicatorv hearing.
^RECOMMENDED:
aster ,;?D to
The Recommended Order is not final until confirmed 't5y the Court below. If objections are raised to the
recommendations of the Master, a party may request a hearing before the court within three (3) days of the
date set forth above.
?h
AND NOW, this 1. day ofhoG, 2008, after consideration this court finds the recommendation by the Master is
in the best interest of the child) and is hereby adopted.
4b
Commonwealth ot-Pennsylvania
In The Interest Of:
Jacob Beishline, A Minor
Date of Birth: 04/16/2003
IN THE COURT O,- COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
JUVENILE DIVISION
DOCKET NO: CP-21-DP-0000195-2008
FID: 21-FN-00002-2008
MASTER'S RECOMMENDATION FOR ADJUDICATION AND
DISPOSITION - CHILD DEPENDENT
AND NOW, this 8th day of September. 2008, after consideration of the petition presented by
the Cumberland County Children and Youth Services Agency, it is ORDERED that the child is
found; by clear and convincing evidence, to be a Dependent Child pursuant to the Pennsylvania
Juvenile Act at 42 Pa.C.S.§6302 'Dependent Child'.
FINDINGS OF FACT
Findings of Fact are as follows: The parents of the children are separated. There have been
escalating incidents of altercations between the parents, and between the mother and
father's paramour. The altercations are generally about the children and in their presence.
The caseworker put a safety plan in place to insulate the children from these altercations,
which plan was breached. The father calls the police on the mother; and the mother has filed
a PFA against the father. There have been at least nine police calls in the last couple of
months. Father testified that the mother has told him more than once that if she cannot have
ther children she will kill them, kill him, and then kill herself. The parents seem unable to
control their mutual animosity. and tc protect the children from their conflicts.
CHILD REMOVED FROM HOME
The Court finds that based upon the findings of abuse neglect and/or dependency of the
minor child, it is in the best interest of the child to continue to be removed from the home.
REASONABLE EFFORTS TO PREVENT REMOVAL FROM HOME
Further, the Court hereby finds that to allow this child to remain in the home would be
contrary to the child's welfare, and that Reasonable Efforts were made by the County
Children and Youth to prevent or eliminate the need for removal of this child from the home.
CUSTODY AND CONDITIONS
TRANSFER CUSTODY - Temporary legal custody is hereby transferred to an Agency or
Organization. specifically custody remains in cumberland County Children and Youth
Services for continued placement in foster care.
AGGRAVATED CIRCUMSTANCES
NO ALLEGATION - The Court hereby finds that no aggravated circumstances, as defined at
42 Pa C S 6302 have been alleged.
AOPC 3801 REV. 09/08/2008x{/ / GUS y
#1
MEDICAL CONSENT`'
It is further ORDERED and DECREED that in the event of a medica emergency, the
Agency shall have the right to consent to necessary treatment for the child
FINANCIAL SUPPORT
It is further ORDERED and DECREED that the individual(s) legally responsible for the
financial support of the child shall pay support to the county in an amount as determined by
the Family Court Division.
INDIAN STATUS
The child is not Indian as defined in 25 U S C 1903(4), and the Indian Child Welfare Act does
not apply to these proceedings.
ORDERS/FINDINGS
I; is recommended that the parents be directed to cooperate with psychiatric evaiuations. It
is recommended that the agency may keep the identity of the foster parents confidential
from the parents. It is recommended that the parents both have separate supervised
visitation with the children. It is recomended that play therapy be provided to the children.
RECOMMENDED:
Muster James D. Flower Jr.
The Recommendation Order is not final until confirmed by the Court below. If objections are
raised to the recommendations of the Master, a party may request a hearing before the Court
within three (3) days of the date set forth on page 1.
? yn--
AND NOW. this day of ??-Q4 after
consideration this court finds the recommendation by the Master is in the best interest of the
child and is hereby adopted.
BY THE COURT
Judge
AOPC 3801 REV_ 09/08/2008
?i
l
C
-
C7
( all
r .?;
r?
fr/
MAR 19 2009
RICHARD BEISHLINE,
Plaintiff
vs.
LEAHANN BEISHLINE,
Defendant
PRIOR JUDGE: M.L. Ebert, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2008-4443
IN CUSTODY
COURT ORDER
AND NOW, this day ofMarch, 2009, upon consideration ofthe attached Custody
Conciliation Report, it is ordered and directed as follows:
1. The Custody provisions with respect to the dependency orders issued regarding the
two minor children which are the subject of this case shall continue. Copies of those
orders are attached and marked Exhibits 1 and 2.
2. The custody provisions are modified as follows:
A. Exchange of custody shall be on Friday after school at 3:30 p.m. during the
school year or simply at 3:30 p.m. in the summer months. The non-custodial
parent shall pick up the children. The two week on/two week off
arrangement shall continue.
B. The Easter Holiday shall be divided into two segments: Segment `A' shall be
from Saturday at 6:00 p.m. until Easter Day at 1:00 p.m. and Segment `B'
shall be from Easter Day at 1:00 p.m. until the next morning at 8:00 a.m. or
when the children go to school. Mother shall have Segment `A' in 2009 with
father having Segment `B' and the parties alternating thereafter.
C. A hearing in scheduled in Courtroom No. 5 of the Cumberland County
Courthouse on aLJday of \SwI 2009 at c? V A.m. At this
hearing, the father, Richard Beishline, 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 summary of each
parties position on these issues, a list of witnesses who will be called to
testify 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.
BY THE COURT,
Judge M.L. Ebert, Jr.
an C. Wolf, Esquire
L.Xat
ichael Lightfoot, Esquire
?1 :g WV ?Z 8VW 6002
&Vif
r ?_C13
RICHARD BEISHLINE,
Plaintiff
vs.
LEAHANN BEISHLINE,
Defendant
PRIOR JUDGE: M.L. Ebert, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2008-4443
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Benjamin Beishline, born November 13, 2001, and Jacob Beishline, born April 16,
2003.
2. A Conciliation Conference was held on March 16, 2009, with the following
individuals in attendance:
The father, Richard Beishline, who appeared with his counsel, Nathan C. Wolf,
Esquire, and the mother, Leahann Beishline, with her counsel, Michael Lightfoot,
Esquire, of the Dickinson School of Law Family Law Clinic.
3. The parties were previously involved with dependency matters and Judge Ebert
issued two orders on December 22, 2008, terminating the dependency but which
allowed for the parties to continue under a shared custody arrangement with an
alternating two week schedule. The father now petitions to obtain primary physical
custody of the minor child and mother is unwilling to agree. A hearing is required.
The Conciliator recommends an Order in the form as attached.
Date: 3 -t`7 '2009
?? v/
Hubert X. Gild y, Esquire
Custody Conciliator
IN THE COUR1 OF COMMON PLEAS 01:
CUMBERLAND COUNTY. PENNtSYLVAN1A
FN THE MATTER OF BENJAMIN BEISHLINE, Born 11,1113/01. C11-21-DP-194-08
Dependent Juvenile
ORDER TO TERMINATE DEPENDENCY
AND NOW. this day of DLG . 2008.. it is ordered and directed
based on the stipulation of agreement. that Beniamin and Jacob Beishline be discharged from the
care and custody of Cumberland County Children and Youth Services. on December 19. 2008
and returned to the shared care and custody of their parents.. Leahann and Richard Beishline.
Furthermore. it is ordered that dependency of said juveniles should he terminated and that
there is no need for In Home services from Cumberland County Cliildren and Youth Services.
Additionally as the parents are separated it is directed that the children will alternate
between each parent for a two week period beginning on Sunday evenings at 6:30 P.M., with the
First two week custodial period to start'December 21. 2008 with the mother. The part} receiving
custody shall provide transportation.
The party not having priman custody of the children during the week will have a period
of custodv on Wednesdav from the time school ends, or 4:00 P.M.. whichever is earlier. until
:30 P.M.
The parties will alternate the Christmas holiday yearly, with Father having custody of the
children from December 23 through December 25. 2008, at 2:00 P.M., and Mother having
custody of the children from December 25. at 2:00 P.M., until December 27, 2008. at 2:00 P.M.
The parties will alternate the Ne\v Year holiday yearly with Mother having custody of the
children from noon on December 31. 2008. until noon on January 1. 2009.
EXHIBIT
The holiday scheduie shall supersede all other custodial time.
Father vvill register the children for health insurance through the CHIP program.
All parties are in a-urreement that the children wi11 be enrolled and attend school in the
Mothers home school district.
Lastly. all parties are in agreement that should am further adjustments be needed to this
custody agreement that they will pursue this matter through conciliation with the custody court.
All reasonable efforts were made to preserve and reunif\ the family and for the children
to safeiv return home.
By the CoUrt.
Nit
Ni. L. Ebert. Jr..
cc: Lindsay D. Baird. Esquire, Solicitor for CCC&YS
Jacqueline Verney, Esquire, for the child
Sean Shultz. Esquire for Father
Megan. Riesmever, Esquire for Mother
CCC&YS
Probation
IN THI COl!R1- OF COMMON PLEAS OF
CUIv1BERILAND (_'OI-N 1'Y. PENNSYLVAN1.A
IN THE MATTER OF JACOB BEISHLINF,. Born 04'16/0 CP I -DP-195-08
Dependent Juvenile
ORDER TO TEP\?N-1lNATL DEPENDENCE
r, h P
AND NOW, this day o1' ?C.c. 2008. It is ordered and directed
based on the stipulation of agreement, that Benjamin and.lacob Beishline be discharged from the
care and custody of Cumberland County Children and Youth Services, on December N. 2008
and returned to the shared care and custody of their parents. Leahann and Richard Beishline.
Furthermore, it is ordered that dependency of said juveniles should be terminated and that
there is no need for In Horne services from Cumberland County Children and Youth Services.
Additionally as the parents are separated it is directed that the children will alternate
between each parent for a two week period beginning on Sunday evenings at 6:30 P.M.. with the
first two week custodial period to start December 21. 2008 with the mother. The party receiving
custody shall provide transportation.
The party not having primary custody of the children during the week will have a period
of custody on Wednesday from the time school ends, or 4:00 P.M.; whichever is earlier, until
-7:30 P.M.
The parties will alternate the Christmas holiday vearly with Father having custody of the
children from December 23 through December 25. 2008, at 2:00 P.M., and Mother having
custody of the children from December 25. at 2:00 P.M.. until December 27, 2008, at 2:00 P.M.
The parties will alternate the Ne) Year holiday vearly with Mother having custod} of the
children from noon on December 31. 2008. until noon on January 1, 2009.
EXHIBIT
The holida\ schedule shall supersede all other custodial time.
Father will register the children for health insurance through the CHIP program.
All parties are in agreement that the children will be enrolled and attend school in the
Mother's home school district.
Lastly., all parties are in agreement that should any further adjustments be needed to this
custody agreement that the\ will pursue this matter through conciliation with the custody court.
All reasonable efforts were made to preserve and re.uniA, the family and for the children
to safelN return home.
By the Court.
M. L. Ebert. Jr.. j ?.
cc: Lindsa\ D. Baird. Esquire. Solicitor for CCC&YS
Jacqueline Verney.. Esquire. for the child
Sean Shultz. Esquire for Father
Megan Riesmever. Esquire for Mother
CCC&YS
Probation
NATHAN C. WOLF, ESQ.
SUPREME COURT ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
717-2414436
ATTORNEY FOR PLAINTIFF
RICHARD BEISHLINE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
LEAHANN BEISHLINE, NO. 2008-4443 - CIVIL TERM
Defendant
PRAECIPE TO WITHDRAW
PETITION FOR MODIFICATION OF CUSTODY
TO THE PROTHONOTARY:
Kindly mark the petition for modification of custody filed by the plaintiff on February 4, 2009 in the
above-referenced action withdrawn without prejudice to the plaintiff.
Dated: July, 2009
Respectfully submitted,
WOLF & WOLF
>aian'. Wolf, Esquire
10 W High Street
r 'sle, PA 17013
(717) 241-4436
Supreme Court I.D. No. 87380
Attorney for Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2008-4443 - CIVIL TERM
CERTIFICATE OF SERVICE
I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that I have served a copy
NATHAN C. WOLF, ESQ.
SUPREME COURT ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
717-2414436
ATTORNEY FOR PLAINTIFF
RICHARD BEISHLINE,
Plaintiff
V.
LEAHANN BEISHLINE,
Defendant
of the foregoing Praecipe to Withdraw upon the following, by first-class mail, addressed as follows:
Megan Reismyer, Esquire
Dickinson Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
Respectfully
WOLF & )X
Date: July, 2009
Nath olf, Esquire
10 est igh Street
ar ' e, PA 17013
7) 241-4436
Supreme Court I.D. No. 87380
Attorney for Plaintiff
FILES i;;E
OF THE P ; ! )TARY
2009 Ju-l - 8 Pik 1: a Y
NITY
RICHARD BEISHLINE,
PETITIONER
V.
LEAHANN BEISHLINE,
RESPONDENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-4443 CIVIL
IN RE: PETITION FOR MODIFICATION OF CUSTODY
ORDER OF COURT
AND NOW, this 9c" day of July, 2009, upon consideration of the
information received from counsel that the parties have come to an agreement
and that a Praecipe to Withdraw the Petition for Modification having been filed,
IT IS HEREBY ORDERED AND DIRECTED that the hearing
scheduled for Friday, July 24, 2009, is cancelled.
-' FamilY Law Clinic
? Nathan Wolf, Esquire
Court Administrator-PI-S 'tli3jlj?
bas
Co P I Ps rYL=-t«W-'
By the Court,
?;.V4
M. L. bert, Jr., J.
OFTHE- t iruY
2C, P. 9 i.J1 13 10il : G, 7
ti,
CUVI-