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Home My WebLink About09-0949ANNA MARIE HOLLAND, Plaintiff vs. JEFF BEITLER, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- 9 `f Q CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Anna Holland, hereinafter referred to as Mother. Mother resides at 3284 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013 2. Defendant is Jeff Beitler, hereinafter referred to as Father. Father resides at 1006 Royal Crest Drive, Martinsburg, West Virginia 25401. 3. Mother seeks visitation and partial custody of the minor child: Name Present Residence Age Victoria Beitler 1006 Royal Crest Drive 6/30/00 DOB, 8 years old Martinsburg, West Virginia Victoria was born out of wedlock. Victoria is presently in the custody of Father. During his lifetime, Victoria has resided with the following persons and at the following addresses: Name Address Anna Holland 14 Brandywine Lane Jeff Beitler Gardners, PA 17241 Kathlene Fawber Phil Phawber Rick Webber Jeff Beitler 14 Brandywine Lane Anna Holland Gardners, PA 17241 Amy Etter Steve Mentzer Taylor Etter Date birth - 3/2001 3/2001 - Summer 2002 Anna Holland Jeff Beitler Devon Beitler Katherine Beitler Glenn Spahr Anna Holland Jeff Beitler Devon Beitler Katherine Beitler Glenn Spahr Anna Holland Jeff Beitler Devon Beitler Glenn Spahr Jeff Beitler Devon Beitler Amy Etter Taylor Etter Taryn Etter Ariel Etter Heather Etter Anna Holland Jeff Beitler Anna Holland Heather Irvin 359 N. Hanover St. Carlisle, PA 17013 141 N. West St. Carlisle, PA 17013 150 N. West St. Carlisle, PA 17013 150 N. West St. Carlisle, PA 17013 11 Fairfield St. Carlisle, PA 17013 11 Fairfield St. Carlisle, PA 17013 Jeff Beitler 115 N. Front St. Amy Etter Duncannon, PA 17020 Taylor Etter Taryn Etter Heather Etter Heather's boyfriend (name unknown) Jeff Beitler 35 Pond Rd. Amy Etter Newville, PA 17241 Taylor Etter Taryn Etter Melvin Moppin Dawn Moppin Jeff Beitler 1006 Royal Crest Drive Amy Beitler Martinsburg, WV Daniel Beitler Devon Beitler Summer 2002-Fall 2002 Fall 2002 - Spring 2004 Spring 2004 -1/2005 1/2005-6/2005 6/2005 - 8/2005 8/2005 -12/2005 1/2006-1/2007 1/2007-12/2007 1/2008 - Present Taryn (last name unknown) Taylor (last name unknown) 5. Mother lives with the following persons: Name Relationship Gail Pesco Family Friend 6. It is believed that Father lives with the following persons: Name Relationship Amy Beitler Wife Daniel Beitler Jeff and Amy's child Devon Beitler Jeff's child from prior relationship Taryn Etter Amy's child from prior relationship Taylor Etter Amy's child from prior relationship 7. Mother has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Victoria in this or another court. 8. Mother has no information of a custody proceeding concerning Victoria pending in a court of this Commonwealth. 9. Mother does not know of a person not a party to the proceedings who has physical custody of Victoria or claims to have custody or visitation rights with respect to Victoria. 10. Victoria's best interest and permanent welfare will be served by granting the relief requested for reasons including, but not limited to the following: a. Mother has a stable home environment that is safe and appropriate for periods of partial custody with the child. b. Mother is willing to communicate and work cooperatively with Father to co- parent the child and will encourage both the father/daughter and the mother/daughter relationships. 11. Father has not acted in Victoria's best interests in ways including but not limited to the following: a. Father prevents healthy development of a bond between Mother and the child by refusing them to have regular contact with each other. b. Despite the fact that Mother and child used to see each other almost every weekend since February 2005, Father has refused to let Mother see her child since October of 2008, c. Father has not complied with the Recommendation from the Cumberland County Children and Youth Services which provides that Mother have liberal unsupervised visits with Victoria, as a result of Juvenile No. 2003-163. d. Mother fears that without a custody order in place, Father will continue to deprive her of regular contact with the child, which will further deteriorate their relationship. 12. Every person with rights to custody or having actual physical custody of Victoria has been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief: 1. That the parties shall share legal custody of Victoria. 2. That Father shall have primary physical custody of Victoria. 3. Grant Mother periods of partial custody based on agreement of the parties. 4. That the non-custodial parent shall have reasonable telephone contact with Victoria while she is with the other parent. 5. That the parties shall have an appropriate holiday schedule so that both parents can spend time with Victoria during various holidays. 6. Neither parry shall consume alcohol or illegal drugs when Victoria is in their custody and neither party shall allow Victoria to be exposed to persons who have been consuming alcohol or illegal substances. 7. Any other relief this Court finds just and equitable. (RIFectfully submitted, r r ce D' Alo Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ANNA MARIE HOLLAND, Plaintiff vs. JEFF BEITLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- Defendant : CUSTODY AFFIDAVIT OF SERVICE BY MAIL CIVIL TERM c I, Grace D'Alo, do hereby swear that I served Jeff Beitler, with a Complaint For Custody on -G 2009 by certified mail, return receipt, restricted delivery, to the person and addresses below: Jeff Beitler 1006 Royal Drive Martinsburg, WV 25401 I, Grace D'Alo, verify that the statements made in this Affidavit of Service 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. Date: ?? f C9 Signature: VERIFICATION The above-named PLAINTIFF, Anna Holland, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 3-oq - Date. 6L Anna Holland "D rr" re. ANNA MARIE HOLLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 09- qqq CIVIL TERM JEFF BEITLER, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Anna Holland, Plaintiff, to proceed in forma ap uperis. I, Grace D'Alo, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. g 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 a 'Alo, Esquire nn Le al Services C`7 ? c ? ?? -,-? --?t r? , -r; , °-3 "r ' ?' r . ° a ri . - :: `y ? _' -._ ANNA MARIE HOLLAND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFF BEITLER DEFENDANT 2009-949 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 24, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 19, 2009 at 9:30 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/ Huben X. tiro 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 businessbefore 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) 240-3166 w tiro • r LEI a'~ ..ra n? Y -rt ? 2 F t , ^f C "'# PQ n 75M6 ANNA MARIE HOLLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW JEFF BEITLER, NO. 2009-949 Defendant IN CUSTODY COURT ORDER AND NOW, this 111111 day of March, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the following TEMPORARY CUSTODY ORDER is entered: 1. The mother, Anna Marie Holland, and the father, Jeff Beitler, shall enjoy shared legal custody of Victoria Beitler, born June 30, 2000. 2. The Father shall enjoy primary physical custody of the minor child. 3. The Mother shall enjoy periods of temporary physical custody with the minor child as follows: A. Every Saturday from 9:00 a.m. until 5:00 p.m., and B. At such other times as the parties agree. 4. The Mother shall handle transportation for the exchange of custody and shall ensure that a licensed and insured driver is providing transportation. The parties will meet for a second Custody Conciliation Conference on Friday, April 24, 2009, at 8:30 a.m.. At that time and in the event custody is proceeding well as far as the Mother's visitation, it is contemplated that Mother's temporary custody shall be expanded to include some overnights and to also address holidays, etc. 6. The parties themselves may agree upon any custody schedule that may alter the schedule set forth above. Absent an agreement, the parties shall follow the schedule as set forth above. BY THE COURT, cc: ssica Holst, Esquire y ?" r- Jeff Beitler to?_: j HN ?Z M`bOOZ dt? ??iy 'aE Ali S MAR 2 0 2000, J ANNA MARIE HOLLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JEFF BEITLER, NO. 2009-949 Defendant 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 fallowing report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Victoria Beitler, born June 30, 2000 2. A Conciliation Conference was held on March 19, 2009, with the following individuals in attendance: The mother, Anna Marie Holland, who appeared with her counsel, Jessica Holst, Esquire, and the father, Jeff Beitler, who appeared without counsel. 3. Based upon the recommendation of the Custody Conciliator, the parties agreed to the entry of a temporary Custody Order in the form as attached. Date: March , 2009 L?? 00 Hubert X. Gilr , Esquire Custody Co iliator i ANNA MARIE HOLLAND, Plaintiff vs. JEFF BEITLER, Defendant PRIOR JUDGE: M.L. Ebert APR 2 t" ZGOG IN THE COURT OF COMMON :O L,EA1i 01 CUMBERLAND COUNTY, PEA'\-NSYLVANIA CIVIL ACTION - LAW NO. 2009-949 IN CUSTODY COURT ORDER AND NOW, this lot 1h day of 2009, upon consideration of the attached Custody Conciliation Report, it is ordered that this court's prior order of March 24, 2009 is vacated and replaced with the following order: 1. The mother, Anna Marie Holland, and the father, Jeff Beitler, shall enjoy shared legal custody of Victoria Beitler, born June 30, 2000. 2. The Father shall enjoy primary physical custody of the minor chilcl. 3. The Mother shall enjoy periods of temporary physical custody with. the minor child as follows: A. On every weekend from Friday at 6:00 p.m. until Slunday at 6:00 p.m. However, it is noted that the father shall have the opportunity to enjoy some weekends with the minor child and he may, elect to exercise custody on the weekend as long as he gives mother reasonable notice of at least three or four days. It is anticipated at a minimum that mother's periods of time will be at least every other weekend subject to father's exercising time with the minor child. 0- cj i 4. Both parents shall have the opportunity for at least one week vacation with the minor child during the summer months as long as they give the other parent reasonable notice as to when they intend to exercise the week vacation. 5. Both parents shall enjoy reasonable telephone contact with the minor child when the child is in the custody of the other parent, and both parents shall insure that they provide the other parent with a valid telephone number that can be reached at times of emergency or when other communications are required. 6. Unless the parties agree otherwise, transportation for the exchange of custody shall be handled with the receiving parent picking the child up at the other parent's home or at a mutually agreeable location. 7. The parties may modify the above order as they agree. Absent an agreement and in the event the parties desire to modify this order, either party may petition the court to have the case again scheduled with the custody conciliator for a conference. 8. The parties shall share or alternate custody on major holidays pursuant to an agreement reached between the parties. Absent an agreement, the parties shall split the holiday. BY THE COURT, Judge M. L. Ebert cc: ssica Holst, Esquire Mr. Jeff Beitler 41119/aQ I1 :6) HIV 6z ddv HE iiiC1??Hi JO ANNA MARIE HOLLAND, Plaintiff VS. JEFF BEITLER, Defendant PRIOR JUDGE: M.L. Ebert IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-949 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 child who is the subject of this litigation is as follows: Victoria Beitler, born June 30, 2000 2. A Conciliation Conference was held on April 24, 2009, with the following individuals in attendance: The mother, Anna Marie Holland, who appeared with her counsel, Jessica Holst, Esquire, and the father, Jeff Beitler, who appeared without counsel. 3. The parties agreed to the entry of a temporary Custody Order in the form as attached. Date: April, 2009 461:?J Hubert X. Gilro , Esquire Custody Co iliator ANNA MARIE HOLLAND, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. JEFF BEITLER, DEFENDANT NO. 09-949 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 9t" day of November, 2009, upon consideration of Plaintiff's Petition for Contempt, the pre-hearing memorandums filed by the parties and after hearing, IT IS HEREBY ORDERED AND DIRECTED that: 1. LEGAL CUSTODY: The Mother, Anna Marie Holland, and the Father, Jeff Beitler, shall enjoy shared legal custody of Victoria Lynn Beitler, born June 30, 2000. Major decisions concerning the child, including but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Eacl-i party shall not impair the other party's rights to share legal custody of the child. Each party shall not alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. SCHOOL DISTRICT: for the 2009-2010 school year, the child shall attend the Blain Elementary School in the West Perry School District. 3. PHYSICAL CUSTODY: A. School year/Summer: a. Father: Father shall have primary physical custody of the child. Father shall provide transportation and pick up the child at Mother's home on Sundays at 6:00 p.m. b. Mother: Mother shall have custody of the child every second and fourth weekend of the month after school on Friday until Sunday at 6:00 p.m. Mother shall provide transportation and pick up the child at the school on alternating Fridays. B. Summer Vacation: a. Each party will be granted one continuous, seven (7) day week of vacation. Mother shall pick her uninterrupted seven (7) day period for vacation and provide notice in writing to Father by May 30, 2010; Father shall pick his before mentioned period and provide to Mother in writing by June 15, 2010. C. Holidays: Holidays with the child shall be alternating befi~veen parents pursuant to the following holiday schedule or a mutually agreed. t HOLIDAY TIMES EVEN ODD YEARS YEARS Easter Day 1St half from 9 am the Saturday Father Mother before Easter until 9 AM Easter Sunday Easter Day 2nd half from 9 am until 9 pm Mother Father Easter Sunday Memorial Day from 9 am until 9 pm Mother Father Independence Day from 9 am until 9 pm Father Mother Labor Day from 9 am until 9 pm Mother Father Halloween from one hour before Father Mother Trick or Treat to one hour after Trick or Treating Thanksgiving from 6 pm Wednesday before Mother Father 1St half Thanksgiving until 3 pm Thanksgiving Day Thanksgiving from 3 pm Thanksgiving Day Father Mother 2nd half until 6 pm Sunday evening Christmas 1St half from 9 am day after school Father Mother dismisses for holiday break until December 25 at noon Christmas 2nd half from Noon on December 25 Mother Father until 8 pm day before school reconvenes Mother's Day from 9 am until 9 pm Mother Mother Father's Day from 9 am until 9 pm Father Father 4. EMAIL/TELEPHONE CONTACT: Email/Telephone contact between the child and the non-custodial parent shall be reasonable and liberal as agreed upon by the parties. In the event that the parties are unable to agree, Mother shall be entitled to speak with the child on Tuesday and Thursday evenings at 7 pm. On Mother's off weekends, she shall be entitled to speak with the child on Sunday evening at 7 pm. The parties shall provide to one another an emergency contact telephone number, email address or contact person. 5. NONALENATION: Neither party shall say or do anythingv 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 children. 6. COMMUNICATION: The parties shall refrain from encouraging the child to provide reports about the other party. Communication shall always take place directly between the parties, without using the child or others as an intermediary. 7. USE OF ALCOHOL AND/OR CONTROLLED SUBSTANCES: During any period of custody or visitation ,the parties hall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 8. SMOKING: No party shall smoke cigarettes or tobacco product nor allow others to smoke in the presence of the child. All smoking shall take place outside of the home. 9. CHILD'S HYGIENE: The parties shall make every effort i:o ensure that the child is bathed daily, appropriately dressed, and to kept free of hair lice. 10. RELOCATION: No party shall relocate from their current address if such relocation will necessitate a change in the custody schedule as set forth in this Order, or if the relocation would result in a change of school, or exceed a fifty (50) mile radius from his/her current residence without (a) such party's first giving prior written notice to the other parties not less than sixty (60) days prior to the planned relocation, and (b) either written consent of the other party to such relocation or further Order of this Court. In the event of any intended relocation, any party may seek modification of the terms of this Custody Order by filing a Petition to Modify Custody with the Prothonotary. 11. MODIFICATION: The Parties may modify the provisiorts of this Order by mutual consent. In the absence of mutual consent, the terms of this order shall control. By the Court, ~~ M. L. Ebert, Jr., ~ J. rlene Marshall-Hockensmith, Esquire MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 ~rl Rominger, Esquire v Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 bas ~ r--, -,I _ ,-, nr T r ,. '. ji;.~v..~l~~ /t~{ ~Ls~ _. ..~ _ .. .7\; .(~ ANNA MARIE HOLLAND, Plaintiff, V. JEFF BEITLER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-0949 CIVIL ACTION-LAW : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Plaintiff, Anna Marie Holland, by and through her attorneys, Turo Robinson, and avers as follows: 1. Plaintiff is Anna Marie Holland (hereinafter referred to as the "Petitioner'), an adult individual who resides at 317 North Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Jeff Beitler (hereinafter referred to as the "Respondent"), an adult individual who resides at 1211 Montour Road, Lloysville, Perry County, Pennsylvania. 3. The parties are the natural parents of one child, Victoria Lynn Beitler, born June 30, 2000 (hereinafter referred to as "the Child") 4. On November 9, 2009, an Order of Court was entered subsequent to a hearing, providing the parties with shared legal custody and providing Respondent with primary physical custody and Petitioner with partial physical custody every other weekend from Friday after school until Sunday at 6:00 p.m. (A true and correct copy of the Order of Court is attached hereto as Exhibit "A.") 5. In practice, the parties engage in a custody arrangement whereby Petitioner has physical custody of the Child every weekend. 6. This Order should be modified because Petitioner provides the Child with a stable, safe home, with the attentive caring, parental attention that provides for the Child's overall well-being, while Respondent, simply, does not. C7, cn r-, anrivea 7. Petitioner has a stable home of her own in which the Child -fl - , OD '-Dsl 8. Respondent is not at home when the Child gets off the b4' clq$j r and the Child is home alone with only her eight-year-old stepsister. ^' "D C 7 Vim' ""s' " ) , 9 Respondent is unavailable for custody and has his 13-year-old son babysit the Child, an arrangement of which Petitioner does not approve. 10. The 13-year-old boy plays with dangerous knives and often runs away from Respondent's home because of the living conditions therein. 11. The Child states that Respondent is rarely home when the Child is staying at Respondent's home, that Respondent is always on the go and the Child rarely sees him. 12. Petitioner is ready and available for custody at all times of day, including after school. 13. Respondent fails to supervise and discipline the other, violent children in his household. 14. Respondent allows the other children in his household, including his 12- year-old daughter, to physically assault the Child, resulting in bruising on the Child's legs and arms. 15. The Child witnessed the 12-year-old girl choke her stepsister until she nearly lost consciousness. 16. Respondent's home has unsatisfactory living conditions for the Child. 17. Respondent does not have space for the Child at his home. 18. At Respondent's home, the Child is one of five children to sleep in the same bedroom. 19. There are only two beds in the bedroom and the Child thus sleeps on the floor. 20. The Child shares a room, among the other four children, with Respondent's 13-year-old son, which Petitioner believes is inappropriate. 21. The Child has her own bed at Petitioner's home. 22. The Child informs Petitioner that Respondent's home is filthy and is cleaned only when the children attempt to do so. 23. Respondent does not feed the Child sufficiently at his home. 24. The Child is not allowed to eat snacks after school and Respondent does not provide dinner until sometimes as late as 9:00 p.m. 25. The Child and her stepsister informed Petitioner three weeks ago that Respondent fed the children nothing but frozen pizzas all week. 26. Respondent's sister recently warned Petitioner of the use of illegal drugs by Respondent and his wife in Respondent's home. 27. The Child informs Petitioner that Respondent and his wife use illegal drugs in front of the Child at Respondent's home. 28. The Child can and does describe the drugs and drug paraphernalia at Respondent's home with a specificity that a 10-year-old child should not be able to do. 29. Respondent and his wife fight bitterly and constantly in the presence of the Child. 30. Respondent and his wife fight in front of the Child with such ferocity that when Petitioner is speaking on the phone with the Child, she cannot hear the Child over the screaming of Respondent and his wife. 31. When Respondent's fighting overwhelms the Child, she hides in a closet and telephones Petitioner. 32. Respondent does not provide the Child with clothes. 33. Petitioner purchases school clothes for the Child. 34. Petitioner has even purchased school attire for Respondent's other children because Respondent does not do so even when their clothes are tattered. 35. The Child states that Respondent's wife threatens the Child. 36. The Child was held back a grade by her school in 2010. 37. The Child is currently failing classes at school. 38. The Child is weary of failing at school and states that Respondent does not provide the Child with any parental attention in aiding the Child with her schoolwork. 39. Respondent failed to ensure that the Child completed a school assignment due April 15, 2011, and refused to make the simplest of efforts to assist the Child. 40. Respondent telephoned Petitioner at 8:00 p.m. on April 14, 2011, demanding that Petitioner go to Walmart to buy cotton balls for the Child's assignment and subsequently drive an hour to Respondent's home to deliver the cotton balls. 41. Petitioner indicated to Respondent that, not only was the request unreasonable, but also that it would be too late for the Child to receive the cotton balls from Petitioner, complete her assignment and get to bed at an appropriate time, thus Respondent should make the simple effort to buy the Child cotton balls. 42. Respondent flatly refused to do so and the Child was forced to go to school the next day without having completed her project satisfactorily. 42. The assignment had been scheduled a week prior to its due date and Respondent never informed Petitioner until the cotton ball request late the night prior to its due date. 43. Petitioner readily provides the Child with her educational needs when the Child is Petitioner's custody. 44. Respondent's home is such a violent, stressful, chaotic place for the Child to live that she is not able to focus and complete her studies. 45. When Petitioner has custody, Petitioner engages in a routine with the Child whereby they sit down together immediately after school and Petitioner helps the Child with her homework. 46. The Child learns her homework when Petitioner helps the Child. 47. Under the current custody arrangement, the Child spends most school nights in Respondent's home instead of Petitioner's, thus she is rarely able to receive the vital assistance with her schoolwork that Petitioner provides. 48. Respondent and his wife fail to provide proper seating for the Child and other children in their vehicle, so that the Child is not properly restrained. 49. Respondent's wife has fallen asleep and wrecked her vehicle on two occasions while driving with the Child inside, causing injury to the Child on both occasions. 50. Respondent wrecked his vehicle with the Child unsecured in the rear of the vehicle, causing injury to the Child when he fled the scene. 51. The Child currently has a painful dental condition but Respondent will neither take the Child to the dentist nor provide Petitioner with the insurance information card so that Petitioner can take the Child to the dentist. 52. Petitioner wishes the Child to receive counseling because the Child lost a friend recently in a fire and, at the behest of Children and Youth Services, due to the abuse the Child received from Respondent's wife, but Respondent does not take the child to counseling and refuses to provide Petitioner with the insurance information card so that Petitioner can take the Child to counseling. 53. Respondent violates the Order of Court by refusing to provide information and documentation to Petitioner concerning the Child's doctor appointments, dentist appointments and education. 54. After Petitioner confronted Respondent about the Child's poor school performance, Respondent attempted to arrange for the Child's school, Blain Elementary, to remove Petitioner from the distribution list for the Child's school reports. 55. Respondent violates the Order by refusing to provide any transportation for custody exchanges, instead forcing Petitioner to provide all transportation. 56. The Child begs Petitioner to allow the Child to live with Petitioner. 57. When it is time for Petitioner to return the Child to Respondent's custody, the Child fights Petitioner to remain at Petitioner's home, crying and throwing herself to the floor in despair. 58. Conditions at Respondent's home are such that Respondent's other children, when at Petitioner's home, also state that they do not want to return to Respondent's home. 59. Whenever Petitioner attempts to address her concerns to Respondent about the myriad of issues concerning Respondent's custody of the Child, Respondent and his wife routinely respond rudely and verbally abuse Petitioner, telling her to "mind your (expletive) business." 60. Respondent's home is not a safe place suitable for the Child's well-being and healthy development. 61. The Child enjoys a set, stable and healthy routine in Petitioner's home. 62. Petitioner is ready and available for primary physical custody. 63. Petitioner is always present and engaged with the Child when Petitioner has custody of the Child. 64. Petitioner is best able to provide the care and nurture which the Child needs for healthy development and is better suited to provide for the Children's mental, physical and intellectual well-being. 65. The Child sees the Petitioner as a source of love and affection. 66. Petitioner does not have any information of any custody proceeding concerning said minor child in any said court in Pennsylvania or any other state, other than the heretofore referenced proceedings entered to the within term number. 67. Petitioner has not participated as a party, witness or otherwise any other litigation concerning the custody of said minor child in Pennsylvania or any other State, other than the heretofore referenced proceedings entered to the within term and number. 68. Petitioner does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to her. 69. The best interest and permanent welfare of Victoria Beitler will be best served by modifying the physical custody Order to provide Petitioner with primary physical custody. WHEREFORE, Petitioner respectfully requests that this Honorable Court modify the existing Court Order of November 9, 2009, to provide Petitioner with primary physical custody and Respondent with partial physical custody every other weekend, a modification that is in the best interest of the Child. 04/21/aot 1 Date Respectfully submitted, TURO ROBI Lorin Andr Sny er, Esquire PA I D # 03199 129 outh Pitt.: et C isle, PA 17. 3 Attorney for Petitioner ANNA MARIE HOLLAND, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFF BEITLER, DEFENDANT NO. 09-949 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 9th day of November, 2009, upon consideration of Plaintiff's Petition for Contempt, the pre-hearing memorandums filed by the parties and after hearing, IT IS HEREBY ORDERED AND DIRECTED that: 1. LEGAL CUSTODY: The Mother, Anna Marie Holland, and the Father, Jeff Beitler, shall enjoy shared legal custody of Victoria Lynn Beitler, born June 30, 2000. Major decisions concerning the child, including but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party shall not impair the other party's rights to share legal custody of the child. Each party shall not alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and 0? I consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. SCHOOL DISTRICT: for the 2009-2010 school year, the child shall attend the Blain Elementary School in the West Perry School District. 3. PHYSICAL CUSTODY: A. School year/Summer: a. Father: Father shall have primary physical custody of the child. Father shall provide transportation and pick up the child at Mother's home on Sundays at 6:00 p.m. b. Mother: Mother shall have custody of the child every second and fourth weekend of the month after school on Friday until Sunday at 6:00 p.m. Mother shall provide transportation and pick up the child at the school on alternating Fridays. B. Summer Vacation: a. Each party will be granted one continuous, seven (7) day week of vacation. Mother shall pick her uninterrupted seven (7) day period for vacation and provide notice in writing to Father by May 30, 2010; Father shall pick his before mentioned period and provide to Mother in writing by June 15, 2010. C. Holidays: Holidays with the child shall be alternating between parents pursuant to the following holiday schedule or a mutually agreed. I HOLIDAY TIMES EVEN ODD YEARS YEARS Easter Day 1St half from 9 am the Saturday Father Mother before Easter until 9 AM Easter Sunday Easter Day 2"d half from 9 am until 9 pm Mother Father Easter Sunday Memorial Day from 9 am until 9 pm Mother Father Independence Day from 9 am until 9 pm Father Mother Labor Day from 9 am until 9 pm Mother Father Halloween from one hour before Father Mother Trick or Treat to one hour after Trick or Treating Thanksgiving from 6 pm Wednesday before Mother Father 1St half Thanksgiving until 3 pm Thanksgiving Day Thanksgiving from 3 pm Thanksgiving Day Father Mother 2nd half until 6 pm Sunday evening Christmas 1St half from 9 am day after school Father Mother dismisses for holiday break until December 25 at noon Christmas 2nd half from Noon on December 25 Mother Father until 8 pm day before school reconvenes Mother's Day from 9 am until 9 pm Mother Mother Father's Day from 9 am until 9 pm Father Father 4. EMAIUTELEPHONE CONTACT: Email/Telephone contact between the child and the non-custodial parent shall be reasonable a nd liberal as agreed upon by the parties. In the event that the parties are unable to agree, Mother shall be entitled to speak with the chi ld on Tuesday and Thursday eve nings at 7 pm. On Mother's off weekends, she shall be entitled to speak with the child on Sunday evening at 7 pm. The parties shall provide to one another an emergency contact telephone number, email address or contact person. 5. NONALENATION: Neither party shall 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 children. 6. COMMUNICATION: The parties shall refrain from encouraging the child to provide reports about the other party. Communication shall always take place directly between the parties, without using the child or others as an intermediary. 7. USE OF ALCOHOL AND/OR CONTROLLED SUBSTANCES: During any period of custody or visitation , the parties hall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 8. SMOKING: No party shall smoke cigarettes or tobacco product nor allow others to smoke in the presence of the child. All smoking shall take place outside of the home. 9. CHILD'S HYGIENE: The parties shall make every effort to ensure that the child is bathed daily, appropriately dressed, and to kept free of hair lice. 10. RELOCATION: No party shall relocate from their current address if such relocation will necessitate a change in the custody schedule as set forth in this Order, or if the relocation would result in a change of school, or exceed a fifty (50) mile radius from his/her current residence without (a) such party's first giving prior written notice to the other parties not less than sixty (60) days prior to the planned relocation, and (b) either written consent of the other party to such relocation or further Order of this Court. In the event of any intended relocation, any party may seek modification of the terms of this Custody Order by filing a Petition to Modify Custody with the Prothonotary. 11. MODIFICATION: 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. By the Court, ? - (?a\ - -- - M. L. Ebert, Jr., J. X rle ne Marshall-Hockensmith, Esquire MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 Xrl Rominger, Esquire J Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 bas VERIFICATION 1 verify that the statements contained in the foregoing Petition for Modification of Custody Order are true and correct to the best of my knowledge and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. q- 71 - II Date Anna Marie Holland Plaintiff Jeff Beitler 1211 Montour Road Lloysville, PA 17040 TURO ROBINSON Lorin Andr S-hyd r, Esq. PA I D # 3199 129 S teP' tre et Car' 013 717-245-9688 Attorney for Petitioner ANNA MARIE HOLLAND, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-0949 CIVIL ACTION-LAW Defendant. : IN CUSTODY CERTIFICATE OF SERVICE I, hereby certify that I served a true and correct copy of the foregoing Petition for Modification of Custody Order on counsel for Defendant by depositing the same in the United States Mail, first class, postage pre-paid on the Twenty-First day of April, 2011, from Carlisle, Pennsylvania, addressed as follows: V. JEFF BEITLER, ANNA MARIE HOLLAND, Plaintiff, V. JEFF BEITLER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-0949 CIVIL ACTION-LAW : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Anna Marie Holland, Plaintiff, to proceed in forma pauperis. I, Lorin Andrew Snyder, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Date Lorin An a Snyder, Esq. 129 uth itt Street C sl A 17013 - 45-9688 Attorney for Petitioner C k ?m -- 9 C M _ r- ?a r M ? <A tv o i-.s.. +o ' I> c-, O ? 3 t"1 ? ANNA MARIE HOLLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-0949 CIVIL ACTION-LAW JEFF BEITLER, Defendant. : IN CUSTODY AMENDED CERTIFICATE OF SERVICE I, hereby certify that I served a true and correct copy of the foregoing Petition for Modification of Custody Order on Defendant by depositing the same in the United States Mail, first class, postage pre-paid and by United States Mail, first class, postage pre-paid, certified return receipt requested, on the Twenty-First day of April, 2011, from Carlisle, Pennsylvania, addressed as follows: Jeff Beitler 1211 Montour Road Loysville, PA 17047 TURO ROBINSON Lorin Andre nyd , Es' PA I D # 199 129 uth P' reet Carlisle, PA 17013 717-245-9688 Attorney for Petitioner c __4 rnw r- -a N N m CD -.t __4 a 5-6 j ANNA MARIE HOLLAND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V m . 2009-949 CIVIL ACTION LAW Xm? ? ?r JEFF BEITLER IN CUSTODY -° -_? p DEFENDANT --? N Yt, rti ' ORDER OF COURT AND NOW, Monday, May 02, 2011 , 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, May 27, 2011 at 9:30 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, Esq. ?„ _ 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 s?c2 ' c26,, Y C 32 South Bedford Street Carlisle, Pennsylvania 17013 a:v Telephone (717) 249-3166 ANNA MARIE HOLLAND, Plaintiff, v. JEFF BEITLER, Defendant. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-0949 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRAW PETITION TO MODIFY CUSTODY TO THE PROTHONOTARY: Please withdraw and discontinue, on behalf of the Plaintiff, the Petition to Modify Custody filed by Plaintiff on April 21, 2011. Respectfully submitted, TURO ROBINSON Lorin Andre Snyder,- PAID#2 199 129 Sout Pitt et Carlisle, 11013 717-245-9688 Attorney for Petitioner GA C c? -n im r ro r ' .- roo i N so ? r C) =_ ? ? N ANNA MARIE HOLLAND (n/k/a ANNA MARIE KELLER), Petitioner v. .IEFF BEITLER, Respondent PKIOR .JUDGE: M.L. Ebert IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W NO. 2009-949 IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: c: r~ ~`- `~ ~_' -~ 3;; rv rs ~.~ ~-~ , ~ ~~ ~~. .~ ~~ ~~- - 3-~Y rU ~7 _.ar "' -! -` ! "7 ~.~ Kindly allow, Anna Marie Holland (n/kia Anna Marie Keller), Petitioner, to proceed in forma au eris. I, Jessica Holst, attorney for the partx proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jessi a Holst, Esquire M~idPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717} 243-9400 ANNA MARIE HOLLAND (n/kla ANNA MARIE KELLER), Petitioner .~, JEFF BEITLER, Respondent PK[OR JUDGE: M.L. Ebert IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL~'aNIA CIVIL ACTION -LAW NO. 2009-949 1N CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Anna Marie Holland, hereby certify that I have served a copy of the forgoing Petition for Modification by: U.S. First Class Mail, Electronic Receipt to: Mr. Jeff Beitler 1211 Montour Road Loysville, PA 17047 Date: i o/Lz ~i' L ~_..~_ _~ Jes ca Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 ANNA MARIE HOLLAND (n/k/a ANNA MARIE KELLER), Petitioner v. JEFF BEITLER, Respondent PRIOR JUDGE: M.L. Ebert IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-949 IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Anna Marie Holland (nik/a Anna Marie Keller}, Petitioner, to proceed in forma ap uperis. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jessi a Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ,ANNA MARIE HOLLAND (n/k/a ANNA MARIE KELLER), Petitioner y. JEFF BEITLER, Respondent PRIOR Jt1DGE: M.L. Ebert IN THE COURT OF COMMON PLE~'1S CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ~, --a NO. 2009-949 -~~-'''~ `~ "--~ •-~ ~ IN CUSTODY ~ ~`' ~ ~~ ``' ~~ re T- ~ -a~~~ -~ ..,, ~ ~: C ~' N j~°i ---~ -G c.n sV ,.r PETITION FOR MODIFICATION Plaintiff, Anna Marie Holland (n/k/a Anna Marie Keller), by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Mother, resides at 60 Garden Parkway, Carlisle, Cumberland County, Pennsylvania 17013. ?. Respondent, hereinafter referred to as Father, is believed to reside at 1211 Montour Road, Loysville, Perry County, Pennsylvania 17047. >. The above-named parties are the natural parents oI' Victoria Beitler, born .tune 30, 2000. 4. The most recent custody order in this matter was entered on November 9, 2009 by The Honorable M.L. Ebert, Jr., and in pertinent part grants the parties shared legal custody and provides Father with primary physical custody and Mother with partial physical custody on the second and fourth weekends of each month from Friday after school until Sunday at 6:00 p.m. (A copy of the Order is attached hereto as Exhibit A). 5. Mother is entitled to a modification ~of the current order to grant her primary physical custody, which is in Victoria's best interest, for reasons including, but not limited to, the following: a. Mother has a stable home of her own and can provide a safe environment to care for Victoria. h. Mother has learned of several car accidents that occurred when Father's wife, Amy Marie Beitler, fell asleep while driving,. Mother is concerned that Victoria's safety is in jeopardy if left in step-mother's care. c. Mother recently became aware of a Children and Youth Services' investigation at Father's residence and has increased concerns that. Father's residence is not a safe environment for Victoria on a primary basis. d. On Victoria's first day of school this year, she was sent home with head lice and subsequently missed three (3) days of school in the first week. e. Victoria missed two additional days of school during the second week of the school :year due to a fever and other asthma-related symptoms. (v) While sick, Victoria called Mother to ask her for $10.00 so that Father could buy gas and take her to the hospital. (vi) Mother offered to come get Victoria and was on her way there when Father called and advised that he got enough money and was finally taking Victoria to the hospital. (vii) Mother stayed with Victoria at the hospital and brought Victoria back to her residence to provide additional care while she recouperated. f. On September 7, 2012, Victoria called Mother from Father"s residence and told her that she was having trouble breathing. Father was sleeping at the time and told Victoria to call her Mother. Mother advised Victoria to call 911 and then called Father's wife to attempt to have her take Victoria to the hospital. Ultimately, Mother ended up going to get Victoria from Father's residence and take her to the hospital again. g. Mother has increased concerns that Father is either unwilling or unable to provide adequately for Victoria's medical needs. h. It is Mother's understanding that from August 23, 2012 unti l September 7, 2012, Father did not have water at his residence due to a broken pipe. i. Father's wife was charged with the use/possession of drug paraphernalia on May 4, 201.0 and enrolled in the ARD program. (See attached Exhibit B). j. Father was charged with possession of a controlled substance on July 5, 2012 and is scheduled for a Preliminary Hearing on November 16, 2012. (See attached Exhibit C). k. Mother's telephone contact with Victoria is limited and is not encouraged by Father. 1. Victoria has expressed a desire to live primarily with Mother. 6. Petitioner does not have any information of any custody proceeding concerning Victoria in any court in Pennsylvania or any other state, other than the prior referenced proceeding resulting in the November 9, 2009 Order. 7. Mother has not participated as a party, witness or otherwise in any other litigation concerning the custody of Victoria in Pennsylvania or any other state, other than the prior referenced proceeding resulting in the November 9, 2009 Order. ~. Mother does not know of any person not a party to these proceedings ~ ho has physical custody of Victoria or who claims to have visitation rights with respect to her. 9. The best interest and permanent welfare of Victoria Beitler will be best served by modifying the November 9, 2009 Order to grant Mother primary physical custody and shared legal custody of Victoria. 10. Counsel for Mother is unable to contact Father and it is presumed that Father would not concur wide the relief requested in this Petition. WHEREFORE, Mother respectfully requests that: this Court schedule this matter for conciliation for purposes of modifying the November 9, 2009 Order. Respectfully submitted. ' ~..J Jes ' a Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 VERIFICATION The above-named PETITIONER, Anna Marie Holland (n/ka/a Anna Marie Keller}. verifies that the statements made in the above Petition for Modification are true and correct. Petitioner understands that false statements herein are made subject to the penalties of 18 Pa. C.S. X4904, relating to unsworn falsification to authorities. Date: { ~ .. ~ (~- _ M ,~- l~ ~ ~_~_ _~ . ~~i ~~ ~.~~~ -l ~ ' , Anna Marie Holland ( la Anna Marie Keller) EXHIBIT A i ANNA MARIE HOLLAND, tN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. JEFF BEITLER, DEFENDANT NO. 09-949 CIVIL 1N RE: CUSTODY ORDER QF COURT AND NOW, this 9~' day of November, 2009, upon consideration of Plaintiff's Petition for Contempt, the pre-hearing memorandums filed by the parties and after hearing, IT IS HEREBY ORDERED AND DIRECTED that: 1. LEGAL CUSTODY: The Mother, Anna Marie Holland, and the Father, Jeff Beitler, shall enjoy shared legal custody of Victoria Lynn Beitler, born June 30, 2000. Major decisions concerning the child, including but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party shall not impair the other party's r'~ghts to share legal custody of the child. Each party shall not alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance conceming their child that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shalt be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. SCHOOL DISTRICT: for the 2009-2010 school year, the child shall attend the Blain Elementary School in the West Peny School District. 3, PHYS{CAt_ CUSTODY: A. School yearlSummer: a. Father: Father shalt have primary physical custody of the child. Father shall provide transportation and pick up the child at Mother's home on Sundays at 6:00 p.m. b. Mother: Mother shalt have custody of the child every second and fourth weekend of the month after school on Friday until Sunday at 6:00 p.m. Mother shah provide transportation and pick up the child at the school on altemating Fridays. B. Summer Vacation: a. Each party will be granted one continuous, seven (7) day week of vacation. Mother shat{ pick her uninterrupted seven (7) day period far vacation and provide notice in writing to Father by May 30, 2010; Father shall pick his before mentioned period and provide to Mother in writing by June 15, 2010. C. Holidays: Holidays with the child shalt be alternating between parents pursuant to the following holiday schedule or a mutually agreed. EVEN ODD YEARS YEARS Easter Day 1st hall from 9 am the Saturday Father Mother before Easter until 9 AM Easter Sunday Easter Day 2"d half from 9 am until 9 pm Mother Father Easter Sunday Memorial Day from 9 am until 9 pm Mother Father Independence Day from 9 am until 9 pm Father Mother Labor Day from 9 am until 9 pm Mother Father Halloween from one hour before Father Mother Trick or Treat to one hour after Trick or Treating Thanksgiving from 6 pm Wednesday before Mother Father 1gt half Thanksgiving until 3 pm Thanksgiving Day Thanksgiving from 3 pm Thanksgiving Day Father Mother 2"d half until 6 pm Sunday evening Christmas 1$` half from 9 am day after school Father Mother dismisses for holiday break until December 25 at noon Christmas 2nd half from Noon on December 25 Mother Father until 8 pm day before school reconvenes Mother's Day from 9 am until 9 pm Mather Mother Father's Day from 9 am until 8 pm Father Father 4. EMAIL~TELEPHONE CONTACT: EmaiVTelephone contact between the child and the non-custodial parent shall be reasonable an d liberal as agreed upon by the HOLIDAY TIMES weekends, she shall be entitled to speak with the child on Sunday evening at ~ ^m weekends, she shall be entitled to speak with the child on Sunday evening at 7 pm. The parties shall provide to one another an emergency contact telephone number, email address yr contact person. 5. NONALENATION: Neither party shall 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 children. 6. COMMUNICATION: The parties shall refrain from encouraging the child to provide reports about the other party. Communication shall always take place directly between the parties, without using the child or others as an intermediary. 7. USE OF ALCOHOL AND/OR CONTROLLED SUBSTANCES: During any period of custody or visitation ,the parties hall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shalt likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 8. SMOKING: No party shall smoke cigarettes or tobacco product nor allow others to smoke in the presence of the child. Ail smoking shall take place outside of the home. 9. CHILD'S HYGIENE: The parties shalt make every effort to ensure that the child is bathed daily, appropriately dressed, and to kept free of hair lice. 1 q. RELOCATION: No party shall relocate from their current address if such relocation wilt necessitate a change in the custody schedule as set forth in this Order, or if the relocation would result in a change of school, or exceed a fifty (50) mile radius from hislher current residence without (a) such party's first giving prior written notice to the other parties not less than sixty (60) days prior to the planned relocation, and (b) either written consent of the other party to such relocation or further Order of this Court. In the event of any intended relocation, any party may seek modification of the terms of this Custody Order by filing a Petition to Modify Custody with the Prothonotary. 11. MODIFICATION: The Parties may modify the provisions of this Order by mutual consent. to the absence of mutual consent} the terms of this order shall control. By the Court, ~~, M. L, Ebert, Jr., ,l. ~ene Marshall-Hockensmith, Esquire MidPenn Legal Services 213-A North Fcont Street Harrisburg, PA 17101 ~rl Rominger, Esquire V Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 bas EXHIBIT ~J COURT OF COMMON PLEAS OF PERRY COUNTY DQCKET ~Y)~ Docket Number: CP-50-CR-0000295-2010 CRIMINAL DOCKET Court Case Cross Court Docket Nos: CR-0000111-10 Judge Assigned: OTN: K7046513 Initial Issuino Authority: Elizabeth R Frownfelter ArrestingAgency: Newport.Psp Case Local Number Tvpe(s) Motion Number Case Status: Adjudicated Status Date 10/19!2010 10/14/2010 06/24/2010 06/24/2010 06/23/2010 Commonwealth of Pennsylvania Page 1 of 5 v. Amy Marie Beitler CASE INFORMATION Date Filed: 06/23/2010 Initiation Date: 05/04/2010 Lower Court Docket No: CR-0000111-10 Final Issuing Authority: Elizabeth R Frownfelter Arresting Officer: Clark, Brian B. Case Local Number(s) 50 STATUS INFORMATfON Processing Status Arrest Date: 05/04/2010 Awaiting ARD Completion Awaiting Completion of ARD Program Awaiting Pre-Trial Conference Awaiting Formal Arraignment Awaiting Filing of Information Com~lamt gate: 05/19/2010 CALENDAR EVENTS Case Calendar Event Schedule Start Room Judge Name Schedule Tvge Start Date Time Status Format Arraignment 08/05/2010 9:00 am Courtroom 1 -Perry Judge Kenneth A. Mummah Scheduled Criminal List Review 09/1612010 9:00 am Courtroom 1 -Perry Judge Kenneth A. Mummah Scheduled Omnibus Pre-Trial 10/0812010 11:00 am Courtroom 1 -Perry Senior Judge Keith B, Quigley Scheduled Criminal List Review 10/14!2010 9:00 am Courtroom 1 -Perry Judge Kenneth A. Mummah Scheduled DEFENDANT INFORMATION Date Of Birth: 02!06!1981 City/State/Zip: Loysville, PA 17047 CASE PARTICIPANTS Participant Type Name Defendant Beitler, Amy Marie , yvri, avo[-nev iw iort~il Printed. 10/16/2012 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets .Neither the courts of the United Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET; Docket Number: CP-50-CR-0000295-2010 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 2 of 5 v. Amv Marie Beitler BAIL INFORMATIbN - Beitler, Amy Marie Nebbia Status: None Bail Action Date Bail Tvpe Percentage Amount Bail Posting Status Posting Uate Set 06!22/2010 ROR $0.00 Posted 06/22/2010 CHARGES Seq. Orig Sea. Grade Statute Statute Description Offense Dt. OTN 1 1 M 35 § 780-113 §§A32 Use/Poss Of Drug Paraph 0 510412 0 1 0 K7046513 DISPOSITION SENTENCING/PENALTIES Disposition Case Event Disposition Date Final Disposition Sequence/Description Offense Disposition Grade Section Sentencing Judge Sentence Date Credit For Time Served Sentence/Diversion Program Tvpe Incarceration/Diversionary Period Start Date Sentence Conditions Linked Offense -Sentence Link Tvpe Linked Docket Number Lower Court Proceeding (generic) Lower Court Disposition 1 /Use/Poss Of Drug Paraph ARD -County Open Criminal List Review 1 /Use/Poss Of Drug Paraph Mummah, Kenneth A. ARD 06/22/2010 Held for Court (Lower Court) 10!1412010 ARD -County Open 10/'14/2010 Not Final M 35§780-113§§A32 Not Final M 35§780-113§§A32 10/14/2010 ~OPC 9082 -Rev 1 0/1 612 01 2 Printed: 10/16/2012 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets .Neither the courts of the Unifed Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET ~ Docket Number: CP-50-CR-0000295-2010 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v Page 3 of 5 Amy Marie Beitler COMMONWEALTH INFORMATION ATTORNEY INFORMATION Name: Perry County District Attorney's Office Name: Christopher John Basner Prosecutor Private Supreme Court No: Supreme Court No: 205985 Phone Number(s): Rep. Status: Active (717) 582-5120 (Phone) Phone Number(s): Address: (717) 567-6993 (Phone) Perry County Courthouse Address: PO Box 305 ~ 341 Market St New Bloomfield PA 17068 Newport PA 17074 Representing: Beitler, Amy Marie ENTRIES Seouence Number CP Filed Date Document Date Filed By 1 06/23/2010 Court of Common Pleas -Perry County Original Papers Received from Lower Court 1 08/05/2010 Perry County District Attorney's Office Information Filed 1 08/06/2010 08/05/2010 Mummah, Kenneth A. Order for Call of the List I 1 09/15/2010 Basner, Christopher John Omnibus Pre-Trial Motion 1 09/27/2010 Mummah, Kenneth f1. Order Granting Motion for Hearing 1 10/01/2010 09/16/2010 Mummah, Kenneth A. Order for Call of the List I 1 10/12/2010 10/08/2010 Quigley, Keith B. Order Withdrawing Omnibus Pretrial Motion 1 10/14/2010 Mummah, Kenneth A. Order Granting Motion to Admit Defendant into ARD Program AnPC 9nR9 _ Ro„ ~ni~ann~o Printed: 10/16,2012 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets .Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employor who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Sequence Number CP Fifed Date 3 10/14/2010 Penalty Assessed 1 10!19!2010 ARD Penalties Imposed 1 08/11 /2011 Penalty Satisfied Commonwealth of Pennsylvania v. Amy Marie Beitler ENTRIES Document Date 10/14!2010 Page 4 of 5 Filed By Court of Common Pleas -Perry County Mummah, Kenneth A. Beitler, Amy Marie pC 9082 -Rev 10/16/2012 printed: 10/16/201<' Recent entries made in the court filing offices may not be immediately reflected on these docket sheets .Neither the courts of the United Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF PERRY COUNTY DOCKET R' Docket Numb er: CP-50-CR-0000295-2010 CRIMINAL DOCKET Court Case Commonweal th of Pennsylvania Page 5 of 5 v. Amy Marie Beitler CgSE'FINANCI AL INFORMATI ON Last Payment Date: 08/11/2011 Total of Last Payment' - $313.30 Beitler, Amy Marie Assessment Payments Adjustments Non Monetary Total Defendant Payments Costs/Fees - Victim Witness Program (Perry) $20.00 -$20.00 $0.00 $0.00 $0.00 State Court Costs (Act 204 of 1976) $10.75 -$10.75 $0.00 $U 00 $0.00 Commonwealth Cost - H6627 (Act 167 $9.25 -$9.25 $0.00 $0.00 $0.00 of 1992) County Court Cost (Act 204 of 1976) $30.00 -$30.00 $0.00 50.00 $0.00 Crime Victims Compensation (Act 96 $35.00 -$35.00 $0.00 $0.00 $0.00 of 1984) Domestic Violence Compensation (Act $10.00 -$10.00 $0.00 $0.00 $0.00 44 of 1988) Victim Witness Service (Act 111 of $25.00 -$25.00 $0.00 $0.00 $0.00 1998 ) Firearm Education and Training Fund $5.00 -$5.00 $0.00 $0.00 $0.00 (158 of 1994) Substance Abuse Education (Act 198 $50.00 ••$50.00 $0.00 $0.00 $0.1)0 of 2002) Substance Abuse Education (Act 198 $50.00 -$50.00 $0.00 $0.00 $0.00 of 2002) Clerk (Perry) $145.80 -$145.80 $0.00 $0.00 $0.00 Automation Fund (Perry) $5.00 -$5.00 $0.00 $0.00 $0.00 CJES $2.25 -$2.25 $0.00 $0.00 $0.00 JCPS $10.25 ~ -$10.25 $0.00 $0.00 $0.00 County ARD (Perry) $100.00 -$100.00 $0.00 $0.00 $0.00 OSP (Perry/State) (Act 35 of 1991) $210.00 ~ -$210.00 $0.00 $0.00 $0.00 OSP (Perry/State) {Act 35 of 1991) $210.00 -5210.00 $0.00 $0.00 $O.DO Costs/Fees Totals: $928.30 -$928.30 $0.00 $0.00 $0.00 Grand Totals: $928.30 -$928.30 $0.00 $0.00 $0.00 ** -Indicates assessment is subrogated AOPC 9082 -Rev 10/6/2012 Printed: 10!16/2012 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets .Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. EXHIBIT C Magisterial District Judge 12-2-02 DOCKET Docket Number: M,1-12202-CR-0000377-?_012 Criminal Docket Commonwealth of Pennsylvania v. Jeffrey Eugene Beitler CASE INFORMATION Judge Assigned: Kenneth A. Lenker Issue Date: OTN: T 234404-2 File Date: Arresting Agency: PSP, Bur Criminal In Arrest Date: Complaint/Incident #: HI)12132317 Disposition: County: Dauphin Disposition Date: Township: Sieelton Borough Case Status: STATUS' INFORMATION Case Status Status Date Processing Status Active 09!14/2012 Awaiting Preliminary Hearing CALENDAR EVENTS Case Calendar Event Tvpe Preliminary Hearing Name: Date of Birth: Address(es): Home Loysville, PA 17047 09114/2012 09/14/2012 Active Schedule Start Date Start Time Room Judge Name 11/16/2012 10:45 am Kenneth A. Lenker DEFENDANT INFORMATION Beitler, Jeffrey Eugene Sex: Male 04/03/1973 Race: White Schedule Status Scheduled Page 1 of 2 Advised of His Right to Apply for Assignment of Counsel? Yes Public Defender Requested by the Defendant? Yes Application Provided for Appointment of Public Defender? Yes Has the Defendant Been Fingerprinted? No CASE PARTICIPANTS Participant Tvpe Participant Name Defendant Beitler, Jeffrey Eugene Arresting Officer Todaro, Anthony M Sr. CHARGES # Char e Grade Description 1 35 § 780-113 §§ A16 M Int Poss Contr Subst By Per Not Reg Offense Dt. Disposition 07/05!2012 MDJS 1200 Printed: 10/16/2012 1:41 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets .Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data ,errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 et seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Magisterial District Judge 12-2-02 DOCKET `' Docket Number: MJ-12202-CR-0000377-2012 Criminal Docket Commonwealth of Pennsylvania 4. Jeffrey Eugene Beitler Filed Date Entry 10/10/2012 First Class Summons Accepted 10/01/2012 Certified Summons Accepted 0911 8/2 01 2 Fingerprint Order Issued 09!1712012 Summons Issued 09/1712012 Certified Summons Issued 09/17;2012 First Class Summons Issued 09/14/2012 Criminal Complaint Filed Page 2 of 2 DOCKET ENTRY INFORMATION Filer Aopiies To Magisterial District Court 12-2-02 Jeffrey Eugene Beitler, Defendant Magisterial District Court 12-2-02 Jeffrey Eugene Beitler, Defendant Magisterial District Court 12-2-02 Jeffrey Eugene Beitler. Defendant Magisterial District Court 12-Z-OZ Jeffrey Eugene Beitler, Defendant Magisterial District Court 12-2-02 Jeffrey Eugene Beitler, Defendant Magisterial District Court 12-2-02 -- Jeffrey Eugene Beitler, Defendant Magisterial District Court 12-2-02 MDJS 1200 Page 2 of 2 Printed: 10/16/2012 1:41 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets .Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data ,errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply witn the provisions of the Criminal History Record Information Act (18 Pa.C. S. Section 9101 et seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. ANNA MARE HOLLANL> [N THE COURT OF COMMON PLEAS OF (•'1 r"'! r.,~ PLAINTIFF CUMBEKLANU COUNT`, PENNSYLVANIA `:= ``~~' ' -~1 • ~ r`~i ~ 2009-949 CIVIL ACTION LAW r`_ f.) ~ :1.1 ~- :-~ _ JEFF BE[TLF_.R `:__, - IN CUSTODY "~~ `~-' ~ ~ • DI FFNDAN I ~ ,. c ~ _ ~ '~ ,' --`~ f ~ _ ORllER OF COURT AN D NO'v~, Wednesday, October 31, 2012 upon consideration of the attached Complaint, it is hereby d~recu~d that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor ,Cumberland County Courthouse, Carlisle on Tuesday, November 20, 2012 at 8:30 AM for aPre-Hearing C'ustodl Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he 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: Grlro~LEsq.___ Custody Conciliator ~ The Court of Common Pleas of Cumberland County is required by lavv° to compl~~ with the Americans with Uisabili~tes Act of 1990. For infonnatron about accessible ;facilities and reasonable accor.amodations available to disabled individuals having business before the court, please contact our office. ~~~Il arrangements must be made at least ?2 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD "TAKE TH1S PAPER TO YOUR ATTORNEY AT ONCE. IF YOU I)O NOT HAVE AN ATTORNEY FOR CANNOT A-FFORD ONE, GO TO OR TELEPHONE THE, OFFICE SET FORTH BELOW TO FIND OUT Wl-fERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 3? South Bedford Street ~~~~~~ Carlisle, Pennsylvania 1 ?0l D ~> Telephone (717 j 249-3166 i%~//1 * r- ANNA rvIARIE HOLLAND IN THE COURT OF COMMON PLEAS (n/k/a A~'~TNA MARIE KELLER;), :CUMBERLAND COUNTY, PENNSYL`~'AN [A Petitioner '~'• :CIVIL ACTION -LAW ~-- ~-== ~.-~ ~T JEFF BI=;ITLER, NO. 2009-949 ~~-,~' ° I<:espondent I?v CUSTODY ~%>~,. ~', or.. ' PRIOR .IUDGE: M.L. Ebert = : ;.~><-; ~ ~ ~-- :,~_~_ :.~ c~; ~ c,~ CER"CIFICATE OF SERVICE I, Jessica Hoyt, Esquire, of MidPenn Legal Services, attorney for Petitioner, Anna Marie Holland. hereby certify that I have served a copy of the forgoing Petition for Modification by: U.S. First Class Mail, Electronic Receipt to: Mr. Jeff Beitler 1211 Montour Road Loysville, PA 17047 f`i'r, .~ _~ Date: ____/~h ~1~. _ ~. _ ~ 4 Jessica-I 1 t, sq ire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 ~ ..USPS.co-n x, -['rack & Confirm Page 1 of 1 English [:ustomer Service USPS Mobile k i ! eg ster Sign In ~~Sps~~~.i,.~w1~ ,.u;,k ".. Ship a Paccage Seal ~a~l P.9anageYct,lr t9a! ,S'ho€? .~._., Track & t~onfirm .....-~ r~::A-es - i:N? ht_rras YOUR LABEL NUM eEFi SERVICE STATUS OF YOUR ITEM DATE 8 TIME LOCATION FEATURES -51 s}3O90b01.32 t:!f:4515 First-Class Mail' Delivered October 23, 20'12, 249 pm LOYSVILLE PA 17047 Expected Delivery By '~ctober 23. 2012 =~rtified Mail'"' ,; ,, -„pt Notice Left October 23, 2012, 8.45 am LOYSVILLE. PA 1704? Arrival at Und October 23, 2012, 7.57 am LOYSVILLE, PA 'I %047 Dispatched as Sort October 22, 20?2, 5:13 pm CARLISLE, PA 17013 Facility Acceptance October 22, 2012, 4'.23 pm CARLISLE, PA 17013 Check on Another Item 1NnaCS your label ;cr receipt) number? Find LEGAL ON USPS.COM . .. ovemm=_nt Se~rvlces - ..., .. _' E3,.y Siarrps 8 Shop P,in ~; L.at;e ta~lh P<:stac0e •.. - -rrrw; 3e", ca . Eae 6?dex ': ;~-'cc ON ABOtJT.USPS.COM c --:t Home .~.,4nw:,. n ta' Sc nnW lt~.:.,es= c •n~d'?u Ic.„ns> Careers OTHER USPS SITEfi ! r ~ ..., hops://tools.usps. com/go/TrackConfirmAetion_input?gtc_tLabels 1=70103090000321364 ~... 11 /6/2012 ANNA MARIE KELLER (formerly Holland), Plaintiff vs. JEFF BEITLER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA a:~ ~ ~.~ eti . „II ~ ,~ _ ~ CIVIL ACTION -LAW ~ ~ ;~ ~: ~ ., ~ ^,- NO. 2009-949 ~ ~ `"' ~' ~_' 1N CUSTODY -~' ~_ "{ r~' ~' , ~ ~ ~ } PRIOR JUDGE: The Honorable M. L. Ebert, Jr. ~:_ - . ~t,,~ COURT ORDER " AND NOW, this 7`~ .~ day of November, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A second Custody Conciliation Conference is scheduled in the above matter on Friday, December 14, 2012, at 9:30 a.m., to be held on the fourth floor of the Cumberland County Courthouse. The father, Jeff Beitler, is directed to appear at this Custody Conciliation Conference and make an effort to resolve the issues before the Court. 2. A hearing before this Court is also scheduled on Mother's Petition for Modiciation for the ~ day of _, 2013, at ~~ ~. m. in Courtroom No. 2 of the Cumberland ounty Courthouse. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have counsel, shall file a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called 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. 3. In the event the parties are able to reach an agreement at the Custody Conciliation Conference scheduled above, the Conciliator directs that the Court be notified and the hearing schedule above shall be cancelled. 4. There is an existing Order of November 9, 2009, which provides mother with various periods of partial custody. Father is specifically advised to comply with said Order and, in the event there is evidence at the hearing scheduled above that father has not complied with the above Order, the Court will entertain a request at that time to hold father in contempt for willful violation of a Court Order. 5. Pending further Order of this Court, this Court's prior Order of November 9, 2009, shall remain in place. 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. BY THE COURT, M. L. Ebert, Jr., Judge cc: /J~sica Holst, Esquire -~Mr. Jeff Beitler (1211 Montour Road, Loysville, PA 17047) `O i ~ES ma.~ ~, /~ ~o// ~ ANNA MARIE KELLER (formerly Holland), Plaintiff vs. JEFF BEITLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-949 iN CUSTODY PRIOR JUDGE: The Honorable M. L. Ebert, Jr. 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 child who is the subject of this litigation is as follows: Victoria L. Beitler, born June 30, 2000 2. A Conciliation Conference was held on November 20, 2012, with the following individuals in attendance: The mother, Anna Marie Keller (formerly Holland), with her counsel, Jessica Holst. The father did not appear. Mother believes that father was aware of the Conciliation Conference, and Attorney Holst suggests she had service on the father with respect to notice of the Conference and the filing of the Petition for Modification. 3. Since the father did not appear and there is an existing Order from 2009, the Conciliator is not comfortable recommending any modifications of the existing Order to the Court. Accordingly, a hearing is necessary. However, the Conciliator believes that some issues may be resolved at a Custody Conciliation Conference assuming the father attends such a Conference. Accordingly, the Conciliator recommends that a hearing be set but that another Conciliation Conference also be set in this case in an effort to see if the matter can be resolved without a hearing. 4. The Conciliator recommends an Order in the form as attached. Date: November~l0 , 2012 ubert X. ilroy, Esquire Custody onciliator ANNA MARIE HOLLAND IN THE COURT OF COMMON PLEAS (n/k/a ANNA MARIE KELLER), : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. CIVIL ACTION - LAW c JEFF BEITLER NO. 2009-949 Respondent IN CUSTODY r S, PRIOR JUDGE: M.L. Ebert °c, J. :Z C) . -m PETITION FOR MODIFICATION . Plaintiff, Anna Marie Holland (n/k/a Anna Marie Keller), by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Mother, resides at 1 Blair Court, Carlisle, Ctimberland County, Pennsylvania 17013. d 2. Respondent, hereinafter referred to as Father, is believed to reside at 1211 Y. Montour Road, Loysville, Perry County, Pennsylvania 17047. 3. The above-named parties are the natural parents of Victoria Beitler, born. June 30, 2000. 4. The most recent custody order in this matter was entered on January 15th, 2013 by The Honorable M.L. Ebert, Jr. The order grants the parties shared legal custody. During the school year, Father has primary physical custody wi Mother receiving visitation on three of the four weekends of the month. During the summer recess, Mother has primary physical custody with Father receiving visitation on three of the four weekends of the month. (A copy of the.Order is attached hereto as Exhibit A). t. 5. Mother is entitled to a modification of the current order to grant her primary physical custody with Father receiving supervised visitation, which is in Victoria's best interest, for reasons including, but not limited to, the following: ` a. Mother has a stable home of her own and can provide a safe environment to care for Victoria. b. Mother has learned of several incidents of physical altercations in the Father's household. This includes altercations between Father and Step-Mother, as well as altercations between Father and Victoria's older half-brother. Victoria has attempted to intervene in these altercations to stop the disputes. Mother is concerned that Victoria's physical safety is in jeopardy if left in the household. c. Mother is aware of an ongoing Children and Youth Services investigation at Father's residence and has increased concerns that Father's residence is not a. safe environment for Victoria on a primary basis. d. Mother has become aware-of multiple instances of Father intentionally placing himself at risk of severe bodily injury/death in the presence of the children and Victoria has intervened in these situations as well. As such, Mother is severely concerned for Victoria's physical and psychological well-being. e. Mother has become aware of living conditions of Father that do not adequately provide a habitable residence for Victoria include, but are r: i � not limited to: inadequate provision of nutrition for Victoria and inadequate sleeping arrangements. f. On multiple occasions, Mother has picked up Victoria from Father's household following a call from Victoria stating that she is fearful for her physical well-being. g. Victoria has expressed a desire to live primarily with Mother and have supervised visitation with Father. 6. Petitioner does not have any information of any custody proceeding concerning Victoria in any court in Pennsylvania or any other state, other than r- that to this case at 2009-949. 7. Mother has not participated as a party, witness or otherwise in any other litigation concerning the custody of Victoria in Pennsylvania or any other state, other than the prior referenced proceedings 8. Mother does not know of any person not a party to these proceedings who has physical custody of Victoria or who claims to have visitation rights with respect to her. 9. Tlie best interest and permanent welfare of Victoria Beitler will be best served b�'modifying the January 15, 2013 Order to grant Mother primary physical of Victoria with supervised visitation for Father. 10. Counsel for Mother has contacted Counsel for Father and Father does not concur with the relief sought in this petition WHEREFORE, Mother respectfully requests that this Court schedule this matter for conciliation for purposes of modifying the January 15, 2013 Order. Respect 1 y submitted, Je, ica st, squire MidPe egg Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 i VERIFICATION The above-named PETITIONER, Anna Marie Holland (n/ka/a Anna Marie Keller), verifies that the statements made in the above Petition for Modification are true and correct. Petitioner understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,relating to unsworn falsification to authorities. i �. -` ► �, Date: Anna Marie Holland n/k/a Anna Marie Keller) t ANNA MARIE KELLER IN THE COURT OF COMMON PLEAS OF (formerly Holland), CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : vs. CIVIL ACTION - LAW JEFF BEITLER, NO. 2009-949 Defendant IN CUSTODY PRIOR JUDGE: The Honorable M. L. Ebert, Jr. COURT ORDER AND NOW,this_b1f day of January,2013,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The hearing scheduled in the above case for January 15, 2013, at 1:45 p.m. is'!, . cancelled. 2. The existing Order of November 9, 2009, shall remain in place subject to the following modifications: A. During the school year, mother shall have custody on three out of four. weekends from Friday after school until Sunday at 6:00 p.m. B. During the summer vacation,mother shall enjoy primary physical custody of the minor child and father shall enjoy custody on three out of four weekends from Friday until Sunday at 6:00 p.m. 3. All other provisions of the prior Order of Court, including transportation, holidays, summer vacation, etc. shall remain in effect. 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. BY THE COURT, L. be .; Jr., Judge cc: Jessica Holst, Esquire "-RUE COPY FROM RECORD Mark Bayley, Esquire In Testimony whereof, {yere unto set my hand and these I of said:,o rt at rlisle, Pa. 'C � Th�s _ ay of 20--L3 �� ,� Prothonotary ANNA MARIE KELLER IN THE COURT OF COMMON PLEAS OF (formerly Holland), CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW JEFF BEITLER, NO. 2009-949 Defendant IN CUSTODY PRIOR JUDGE: The Honorable M. L. Ebert, Jr. 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. Consistent with the November 30, 2012, Order of Court, the Conciliator conducted Y another Custody Conciliation Conference on December 31, 2012. The parties reached an agreement, and the Conciliator recommends an Order in the form as attached. Date: December 31 2012 Hubert X. Troy, Esquire Custody onciliator ANNA MARIE HOLLAND IN THE COURT OF COMMON PLEAS (n/k/a ANNA MARIE KELLER), : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. CIVIL ACTION - LAW CD-, C C= ' '# JEFF BEITLER, NO. 2009-949 -t, w -¢ Respondent IN CUSTODY mm � ` cnD PRIOR JUDGE: M.L. Ebert -< C .�C? z� 7,a PRAECIPE TO PROCEED IN FORMA PAUPERIS To the ProthAotary: Kindly allow, Anna Marie Holland (n/k/a Anna Marie Keller), Petitioner, to proceed in forma ap uperis. 1, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. , Z4 Jessic H 1st, 9squire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 4 19dr '9 ANNA MARIE HOLLAND N/K/A ANNA IN THE COURT OF COMMON PLEAS OF MARIE KELLER PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA2 C=1 V. 2009-949 CIVIL ACTION LAW r%> _` cc) C:) JEFF BEITLER C-) IN CUSTODY C�2f F- , DEFENDANT ORDER OF COURT AND NOW, Thursday,June 27,2013 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 Wednesday,July 31,2013 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/ 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- TO 32 South Bedford Street Carlisle, Pennsylvania 17013 em Telephone (717) 249-3166 ANNA MARIE KELLER IN THE COURT OF COMMON PLEAS OF (formerly Holland), CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW w _s m co 32M - -� Z:m c M=1' JEFF BEITLER, NO. 2009-949 (n� Defendant IN CUSTODY I--X °° —1(=� PRIOR JUDGE: The Honorable M. L. Ebert, Jr. �— COURT ORDER AND NOW,this 7. day of August,2013,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother,Anna Marie Keller, and the father,Jeff Beitler, shall enjoy shared legal custody of Victoria L. Beitler, born June 30, 2000. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of partial physical custody of the minor child at such times and under such circumstances as agreed upon by the parties. 4. In the event either party desires to modify this Order, that party may petition the Court to have this case again scheduled with the Custody Conciliator for a Conference. 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. BY THE COURT, M. L. Ebert, Jr., Judge cc: ✓J6sica Holst, Esquire ✓Mark F. Bayley, Esquire w�i'cs- Irby t L C� ANNA MARIE KELLER IN THE COURT OF COMMON PLEAS OF (formerly Holland), CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW JEFF BEITLER, NO, 2009-949 Defendant IN CUSTODY PRIOR JUDGE: The Honorable M. L. Ebert, Jr. 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 child who is the subject of this litigation is as follows: Victoria L. Beitler, born June 30, 2000 2. A Conciliation Conference was held on August 23, 2013, with the following individuals in attendance: The mother,Anna Marie Keller(formerly Holland),with her counsel,Jessica Holst, and the father, Jeff beitler, with his counsel, Mark F. Bayley, Esquire. 3. The parties agree to the entry of an Order in the form as attached, Date: August y 2013 Hubert X. Gilroy, F/quire Custody Concilia or