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Home My WebLink About08-5097 KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff TRISHA BEERS, Plaintiff V. WILLIAM E. BEERS, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, 671 ENNSYLVANIA NO. 08 - sa47 u<cc- pit CIVIL ACTION - LAW CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 1 4 KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff TRISHA BEERS, Plaintiff V. WILLIAM E. BEERS, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW CUSTODY CUSTODY COMPLAINT 1. Plaintiff is TRISHA BEERS who currently resides at 19 Gettysburg Pike, Apt #10, Mechanicsburg, Cumberland County, PA 17055. 2. Defendant is WILLIAM E. BEERS, III, who currently resides at 83 (Rear) Autumn Lane, Enola, PA 17025. 3. Plaintiff seeks joint legal and primary physical custody of the parties' children, THEODORE BEERS, born 6/21/02 (age 6); TYLER BEERS, born 10/2/03 (age 4); and JAYDON BEERS, born 11/29/05 (age 2). 4. The children have resided with the following persons at the following addresses for the approximate following periods of time: NAME ADDRESS DATE mother see paragraph #1 above 8/15/08 - current 4 mother/father mother/father aunt, uncle & three cousins mother/father mother/father see paragraph #1 above 4/08 - 8/15 516 South Enola Rd. Enola, PA 10/07 - 4/08 1437 Trindle Rd. Carlisle, PA see paragraph #1 but Apt. #7 10/04 - 10/07 10/02 - 10/04 6. The relationship of the Plaintiff to the children is that of the natural mother. She is married to Defendant. 7. The relationship of the Defendant to the children is that of the natural father. He is married to Plaintiff. 8. Defendant left the marital place of residence on August 15, 2008 and currently lives with a girlfriend, Alyssa, whom he met approximately two weeks prior to moving in with her. 9. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting Plaintiff primary physical custody (with Mother and Father sharing legal custody) as Mother has been the primary caretaker and Father has just moved in with a woman he has known for less than one week. A , . 6 11. Each parent whose parental rights to the children has not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant her primary physical and shared legal custody of the subject children. l DATE: 8/22/08 4 4 KENN TH P. LEWIS, ESQUIRE Attorney for Plaintiff VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Z r TRISHA BEERS l? r V T N c? C._. N CJl feJ l:3 '°C1 j=s1 a C'> 4J ? TRISHA BEERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-5097 CIVIL ACTION LAW WILLIAM E. BEERS, III IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, September 04, 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 26, 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq./ Sb 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 4 . L? ` n TRISHA BEERS, Plaintiff V. WILLIAM E. BEERS, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5097 CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF SERVICE I certify I served the Custody Complaint and conciliation Order upon the Defendant, William E. Beers, III, who received the documents on August 29, 2008 DATED: 9/26/08 ¦ Cornplete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: 93 J?Mr) XbOW IA* Fwla I P# )96Z-5 as evidenced by the receipt below. A Oi. / A_ Y KENN?TH -'. LEWIS, ESQUIRE I.D. #6 383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff a l7 p'? Addressee e./ R a?rdby (Printed Name) C. Date of Delivery D. Is delivery different , item t?? `res If YES, enter ivory addr 3. Spviw Type 3.spvice Type SCartiflad mail 13 Ewass Mau )D Registered 0 Return Recelpt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Fobs Fee) )eyes 2. Article Number 7007 2560 0001 0023 1734 (rnarrsfer from service label) Ps Form 3811, February 2004 Domestic R*r*AMR" ?1?f64o SEP [ 9 cuua TRISHA BEERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW WILLIAM E. BEERS, III, NO. 2008-5097 Defendant IN CUSTODY COURT ORDER AND NOW, this day of O V?- , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Trisha Beers, and the father, William E. Beers, III, shall enjoy shared legal custody of Theordore Beers, born June 21, 2002, Tyler Beers, born October 2, 2003, and Jaydon Beers, born November 29, 2005. 2. The Mother shall enjoy primary physical custody of the minor children. The Father shall enjoy periods of temporary physical custody of the minor children at such times and under such circumstances as agreed upon by the parties. In the event the Father seeks temporary custody and the parties are unable to work out an arrangement for him to see the children that is satisfactory to the Father, the Father may petition this Court to have the case again scheduled with the Custody Conciliation or set for a hearing before the Court. BY T SOUR Edward E. Guido, Judge cc: "'enneth F. Lewis, Esquire ? Mr. William E. Beers, III --f 1¢s 01ftlitLi'-? ?oL?as 90 :9 RV Z- DO HE ?Vr a!'v :.rte `'{}ai au r 1 TRISHA BEERS, Plaintiff vs. WILLIAM E. BEERS, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-5097 IN CUSTODY Prior Judge: The Honorable Edward E. Guido 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: Theodore Beers, born June 21, 2002 Tyler Beers, born October 2, 2003 Jaydon Beers, born November 29, 2005 2. A Conciliation Conference was held on September 26, 2008, with the following individuals in attendance: The mother, Trisha Beers, who appeared with her counsel, Kenneth F. Lewis, Esquire, and the father, William E. Beers, III, who appeared without counsel. 3. The parties agreed to the entry of an Order in the form as attached. Date: September Q? 2008 4Huert!GGiilr , Esquire Custody iliator