Loading...
HomeMy WebLinkAbout08-5895CHAD B. BEAM, Plaintiff V. AMY C. BEAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. NO. c Yv f `{?^ ?- CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Chad B. Beam, residing at 180 Spruce Court, Annville, Lebanon County, Pennsylvania 17003. 2. The Defendant is Amy C. Beam, residing at 1956B Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks to confirm the shared physical custody schedule of the following child: Hayden R. Beam Date of Birth: January 20, 2004 The child was not born out of wedlock. Since March of 2008, Plaintiff and Defendant have agreed upon and followed a shared physical custody schedule. During the past five years, the child has resided with the following persons and at the following addresses. NAME RESIDENCE Plaintiff 180 Spruce Court Annville, PA Defendant 1956B Fry Loop Avenue Carlisle, PA Defendant Dillsburg, PA Defendant Dover, PA DATE March 2008 - present (shared custody schedule begins) January 2007 - present January 2006 - January 2007 November 2005 - January 2006 Defendant 1287 High Street Boiling Springs, PA Plaintiff and 1287 High Street Defendant Boiling Springs, PA September 2005 -November 2005 January 2004 - September 2005 The Mother of the child is Amy C. Beam, currently residing at 1956B Fry Loop Avenue, Carlisle, Pennsylvania. She is divorced from Father. The Father of the child is Chad B. Beam, currently residing at 180 Spruce Court, Annville, Pennsylvania. He is divorced from Mother. 4. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: Hayden R. Beam Son Angela C. Shirk Girlfriend 5. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following person: Hayden Beam Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff Chad B. Beam, requests the Court to confirm the shared physical custody schedule of the minor child, Hayden R. Beam. Respectfully submitted, Dated: September 26, 2008 By: Chad B. Beam, Pro Se 180 Spruce Court Annville, PA 17003 717.713.1346 VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that Use statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: /,976 0 8 Chad B. Beam, Plaintiff Chad B. Beam 180 Spruce Court Annville, PA 17003 717.713.1346 September 26, 2008 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Chad B. Beam.v.,. Amy C. Beam Dear Sir or Madam: Enclosed for filing, please find an original and three copies of the Custody Complaint in the above-referenced matter. Please. file the original and return the time-stamped copies to me in the enclosed self-addressed stamped envelope. My cashier's check in the amount of $165.50 is also enclosed to cover the filing fee. If you need anything further, please do not hesitate to contact me. Sincere ??J/ ic_ Chad B. Beam Enclosures 14 w n ? C=) 0 o. 4= -fl HIM E ..1 ' T r l CHAD B. BEAM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AMY C. BEAM DEFENDANT 2008-5895 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 23, 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, November 14, 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. 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esg. 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 VINVA-M'NN3d I S .6 Wd ? z 100 BUZ Z"- 4/ AdVIO OHiC dd 3Hi d0 CHAD B. BEAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5895 AMY C. BEAM, CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY STIPULATION This Agreement is made this 940day of 2008, by and between Chad B. Beam, hereinafter referred to as "Father" and Amy C. Beam, hereinafter referred to as "Mother". WHEREAS, Mother and Father are the parents of Hayden R Beam, born January 20, 2004; and WHEREAS, the parties desire to settle and resolve issues of custody regarding said minor child. AND NOW, THEREFORE, it is agreed by the parties as follows: The parties shall have shared legal custody of the child so that each will participate in major decisions affecting his best interests, including, but not limited to, medical, religious and educational decisions, and each party will have access to medical, dental, and school records as may be necessary. 2 2. Physical Custody shall be shared as follows: Father shall have custody on alternating weekends from Friday after daycare until Monday morning when the child shall be taken to daycare. In addition, Father shall have every Wednesday evening from after daycare until Friday morning when the child is returned to daycare. Mother shall have custody on alternating weekends and each Monday evening after daycare until Wednesday morning when the child is returned to daycare. 3. Neither party shall relocate more than thirty (30) miles from their present residence without at least thirty (30) days written notice to the other party of their intention to do so. 4. Each party shall permit reasonable telephone access to the child when he is in the other's custody. The parties shall alternate the following holidays: New Year's Day, Memorial Day, Fourth of July and Labor Day. Mother shall have the New Year's Day holiday in 2009, Father shall have Memorial Day in 2009, Mother shall have Fourth of July in 2009 and Father shall have Labor Day in 2009. The schedule will then rotate in exactly the opposite fashion beginning with Father having the New Year's Day 2010 holiday. 6. The holidays of Thanksgiving, Christmas and Easter shall be divided between the parties as follows: A Segment A - Custody shall start at 6:00 p.m. on the eve of the holiday and end at 3:00 p.m. on the day of the holiday. B. Segment B - Custody shall start at 3:00 p.m. on the day of the holiday and end the following morning at 9:00 a.m. unless the party having custody is scheduled to retain custody for 3 that day. C. On all even numbered years, Father shall have Segment A and Mother shall have Segment B. On all odd numbered years, Father shall have Segment B and Mother shall have Segment A- 7. Mother's Day with Mother and Father's Day with Father regardless of the weekend schedule from 6:00 p.m. on Saturday evening until Monday morning following the holiday. 8. Each of the parties shall be entitled to two (2) non-consecutive weeks of summer vacation with a minimum of thirty (30) days written notice to the other party. The party first selecting the vacation shall be entitled to preference. A vacation shall not be elected over the other party's scheduled holidays. 9. All pick-ups and drop-offs shall occur at the midway point between the father's and mother's residences unless specific arrangements are made to the contrary and are agreed to by the parties. 10. Father and Mother shall discuss and communicate with one another prior to enrolling the child in any extra-curricular activities so as to minimize interference with the custody schedules as set forth above. Father and Mother shall also provide each other with all schedules of activities relevant to any extra-curricular activities in which the child is involved. 11. Father and Mother shall discuss and communicate with one another prior to enrolling the child in any church related activities, other than normal worship services during Father and Mother's respective weekends. 4 12. Based upon the parties' current respective residences, the minor child will be enrolled in the Carlisle School District commencing the 2009 - 2010 academic year. In the event Mother no longer resides within the Carlisle School District, the child will be enrolled in the school district where Father resides, unless otherwise mutually agreed upon by the parties. 13. Any other times mutually agreed upon by the parties. 14. The parties hereby waive the requirement of Pa. R.C.P. 1915.7 requiring that they and the minor child be present before the Court to present this Agreement and further, intend this Agreement to be entered as an Order of Court of Common Pleas of Cumberland County, Pennsylvania, subject to modifications as provided by law. WHEREFORE, the parties hereto set forth their signatures intending to be legally bound. WITNESSES: C B. Beam, Plaintiff Amy C. 5 C N p r° s? N t Nov 14 2008 CHAD B. BEAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW AMY C. BEAM, NO. 2008-5895 Defendant IN CUSTODY COURT ORDER lt? AND NOW, this day of November, 2008, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. a?qA-L?" Hubert X. Gilroy, Esqu' e Custody Conciliator 70 c. - C?% NOV 18 2008 CHAD B. BEAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5895 AMY C. BEAM, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this z o ' day of AjQ. b,r , 2008, upon consideration of the attached Custody Stipulation of the parties, it is hereby ORDERED and DECREED that the attached Stipulation be made an Order of Court. BY THE COURT, J. Pistribution: ?Chad B. Beam, Plaintxf, 180 Spruce Court, Annville, PA 17003 Amy C. Beam, Defendant, 1956B Fry Loop Avenue, Carlisle, PA 17013 COP I es 'm clt t lrv.--C, ?i?ao/as q 77 L ??'j. ay ..mss L , Y r?