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HomeMy WebLinkAbout08-4716Katie J. Maxwell, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CRAIG S. BECK, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- 0 P- 1711- 6z. CIVIL ACTION - LAW NATALIE ANN BECK, Defendant IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Plaintiff is Craig S. Beck, an adult individual currently residing at 219 Westview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Natalie Ann Beck, an adult individual currently residing at 538 Bedford Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the child, Aiden Steven Beck, who was born on May 3, 2007. 4. The child was not born out of wedlock. 5. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Date Location Person Child Residiny, With Birth-June10,2008 538 Bedford Court, Mechanicsburg Plaintiff and Defendant June 10, 2008-Present 538 Bedford Court, Mechanicsburg Defendant 6. The relationship of the Plaintiff to the child is that of Father. He is married and living separately. The Plaintiff currently resides with the following: Name Steve Beck Relationship Father Ann Beck Mother 7. The relationship of the Defendant to the child is that of Mother. She is married and living separately. The Defendant currently resides with the following: Name Relationship Aiden Beck Son 8. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 9. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court. 10. The best interest and permanent welfare of the child will be served by issuing an Order granting Plaintiff shared custody of the minor child. 11. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests shared custody of the minor child. MARTSON LAW OFFICES By ig!? . Katie J. tell, Esquire 10 East ' Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: August 5, 2008 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel sad not my own, I have read the Complaint and to the extent that the do=ncl is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the docament is that of counsel. I have relied upon counsel in making this verification. This statement and verification are made subject to tho penalties of 18 Pa. C.S. Section 4904 relating to unswom falaifloadon to authorities, which pmvidae that if I make knowingly false averments, i may be subject to criminal penalties. .'s, A a? Craig S. H r.+rtiescae.? ? ana ewnuan. ?.e.mMe,?? CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Custody Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Linda Clotfelter, Esquire 5021 East Trindle Road Mechanicsburg, PA 17050 MARTSON LAW OFFICES By ThEia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 5, 2008 ? ? ? C> ?-' ?°=' f4a ,? C:?-. c? .--.? ?" s "r) ??. ? C.-..' Cis ?==;? ' ?' '` `; , = _ ? . -?. .r- ? ? ?z ?? :? ?? . ?.: ?? c CRAIG S. BECK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NATALIE ANN BECK DEFENDANT 2008-4716 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, August 11, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 16, 2008 at 10:30 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/ John . Mangan, r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 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 * ;Fo- <-C/-. -_8 cy. VNIVA 1} ANN-3d ? c :Z Nd c ! onn BE MViONOPI OUd 3Hl 30 SEP 1`12008. CRAIG S. BECK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4716 CIVIL ACTION LAW NATALIE A. BECK, IN CUSTODY Defendant ORDER OF COURT AND NOW this Z.2_. day of September 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Craig S. Beck, and the Mother, Natalie A. Beck, shall have shared legal custody of Aiden Steven Beck, bom 5/03/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing 9/18/08, Father shall have physical custody of Aiden three weekends in a row from Thursday 4:30 pm until Sunday 4:30 pm, on a continuing basis (three weekends in a row for Father, the next weekend for Mother, three weekends in a row for Father, etc.). b. Father has agreed to provide transportation for the custody exchanges, with the express agreement from Mother to assist as necessary with adequate notice. C. The parties may alter the above schedule by mutual agreement as necessary or proper to accommodate both parties' schedules. d. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. Counseling: The Father shall continue to adhere to his treating professional's recommendations and medication management. 4. It is agreed that Father shall take all reasonable efforts for himself or paternal grandfather to supervise Aiden when Aiden is in Father's care. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parents shall arrange/alternate the holiday schedule as mutually agreed upon. V? 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible; both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 11. A status update conference is hereby scheduled for December 16, 2008 at 9:00 am at the Court of Common Pleas, Carlisle, PA 17013. stribution: da Clotfelter, Esq. 'e Maxwell, Esq. ohn J. Mangan, Esq. aort;es -nbt'L0ZL 4 azlob cv Ck ' L LL C\1 N j. 60 LL LU CL- J 06a La.. Q p cl?j v _ r CRAIG S. BECK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4716 CIVIL ACTION LAW NATALIE A. BECK, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Aiden Steven Beck 5/03/2007 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 16, 2008 with the following individuals in attendance: The Mother, Natalie A. Beck, with her counsel, Linda Clotfelter, Esq. The Father, Craig S. Beck, with his counsel, Katie J. Maxwell, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. an, Esquire Cust y nciliator CRAIG S. BECK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2008-4716 CIVIL ACTION LAW T-I NATALIE ANN BECK - F IN CUSTODY DEFENDANT t L- ORDER OF COURT .- c =CD AND NOW, Thursday, June 21, 2012 _,upon consideration of the attacI d orrj&ink it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Es e ?_ q. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 27, 2012 at 10:00 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/ ohn . Mangan, r. Esq.11 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 o s e ?+ ???e ?• ?S? ? ? P? ? ?i? 1S e J Agra ,e ? A k any 'eel "1'121112 6 A/C ti F %FILESVChentsA13073 BeckV13073 I Ct6to6Stip.apd Katie J. Maxwell, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 206018 10 East High Street Carlisle, PA 17013 (717) X43-3341 Attorneys for Plaintiff CRAIG S. BECK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NATA,LIE ANN BECK, Defendant IN CUSTODY AND NOW, the parties by and through their attorneys hereto stipulate and agree as follows: / 1. LEGAL CUSTODY I . The parties hereby agree to share legal custody of the minor child, Aiden C. Beck, born May 3, 2007. All decisions affecting the child's growth and development including, but not limited to: education; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, dlirectly or as beneficiary, other than custody litigation; religion; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents'jointly. after discussion and consultation with each ether and with a vii-w towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the child. NO. 2008-4716 STIPULATION FOR AN AGREED ORDER OF CUSTODY While in 'the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage him to participate in the plan hereby, agreed and ordered. 5,. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which Ana) froni tiimmc to tin?e beco.ite necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. 9. Neither parent shall schedule activities or appointments for the child which would require his attendance or participation. at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. J II. PHYSICAL CUSTODY The Mother shall have primary physical custody of the child. Father shall have visitation as follows: During September through May: I . Father shall have custody of the child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. 2. On any holiday weekend falling on father's scheduled weekend, Father shall have custody of the child on the school holiday in addition to his scheduled time as outlined in paragraph I above. 3. The Father shall have custody of the child for '/2 nights over the child's school's winter vacation. The Father shall take these nights, to include Christmas or New Years, consecutively to his holidays during this time period. 4. The Father shall have '/z nights of the child's school's spring vacation to be taken consecutively. During June, July & August: twiner shall have, uustedy of the child on altcrnatir,g weekends tiom Thursday at 5:00 p.m. until Sunday at 5:00 p.m. Father shall have one week of continuous visitation with the child each month to coincide with a previously scheduled weekend as outlined in paragraph 5 above. The week shall consist of eight consecutive nights and shall be scheduled to cause limited disturbance to the child's summer school schedule, and should only be taken once the academic year has concluded and before it has begun. The party receiving custody of the child shall provide transportation. The parties shall arrange/alternate the holiday schedule as mutually agreed upon as provided for in the prior Order of September 22, 2008. The parties may amend the terms of this Stipulation upon mutual consent. lit. TELEPHONE PRIVILEGES The parties ag ,e that then e shall be resasunable telephone access between the child and moth parents. The child shall be permitted free access to place calls to their parents at any time they desire. In the event the custodial parent should take the child out of state, the custodial parents shall notify the non-custodial party within 24 hours of departure of the intended destination and provide a telephone number at which they can be reached. IV. RELOCATION No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. This Stipulation shall be entered as an Order of the Court. MARTSON LAW OFFICES By Katie J Maxwell, uire 10 East High Str Carlisle, PA 17013 Attorneys for Plaintiff, Craig Beck Craig BI ck FARRELL & SMALL By Joseph Farrell, Esquire 201/203 S. Railroad Street, P.O. Boxl 13 Palmyra, PA 17078 Attorneys for Defendant, Natalie Beck Natalie Beck BY THE COURT: Date: This Stipulation shall be entered as an Order of the Court. MARTSON LAW OFFICES By Katie J. Maxwell, Esquire 10 East High Street Carlisle, PA 17013 Attorneys for Pk-Jnti#f, Crai;i Beck Craig Beck Date: FARRELL & SMALL t Joseph Farre , Esquire 201/203 S. Railroad Street, P.O. Box113 Palmyra, PA 17078 Altlornevs te- Defendant, Nl--talie Beck Natalie Beck Common Pleas 3udge -U 'IV n -< Ch ': --j ?10(2 ???t o PS ,, J-ed q 1611) 0r , Tho as A. Placey