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HomeMy WebLinkAbout09-1131Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff SHAWN BECKER, V. Plaintiff LAUREN R. HERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 171013 (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SHAWN BECKER, Plaintiff V. LAUREN R. HERMAN, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Del 1/31 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT FOR CUSTODY AND NOW, this day of February, 2009, comes Plaintiff, SHAWN BECKER, by and through his undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is SHAWN BECKER, hereinafter referred to as FATHER, currently residing at 14 Center Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is LAUREN R. HERMAN, hereinafter referred to as MOTHER, who currently resides at One Penn's Way Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. FATHER seeks shared custody of the following child: KIARA A. BECKER, age one year, whose date of birth is February 1, 2008. 4. The child was born out of wedlock. 5. The child is presently in the custody of MOTHER at the address specified in Paragraph 2 above. 6. Since birth, the child has resided with the following persons at the following addresses: A. For the period from birth to date with MOTHER at One Penn's Way Road, Mechanicsburg, Cumberland County, Pennsylvania. 7. The FATHER of the child is the Plaintiff. He is single. 8. The MOTHER of the child is the Defendant. She is single. 9. The relationship of Plaintiff to the child is that of FATHER. 10. The relationship of Defendant to the child is that of MOTHER. The Defendant currently resides with the child and Maternal Grand parents: Marita and "Larry" Herman. 11. FATHER has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. 12. FATHER has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 13. FATHER does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: A. The child needs frequent and continuing contact with both parents. B. FATHER has had frequent visits with minor child and shares a warm and loving bond with her. C. The child's bests interests will be served by having a specific and shared custodial plan determined by the court as MOTHER'S actions have shown her willingness to advance her interests ahead of the child's and her willingness to attempt to impede the development of a normal relationship between the FATHER and the child. D. MOTHER seeks to marginalize FATHER'S role in the child's life by unreasonably restricting Father's periods of custody as if she is the sole decision maker as to the child's best interests. E. MOTHER unilaterally discontinued use of the Paternal Grandmother's individual attention and loving care as an alternative to daycare as a direct result of his pursuit of additional custodial time with the child. F. MOTHER excludes FATHER from decision making regarding the child as demonstrated by unilaterally enrolling her in day care without consultation and refusing to include FATHER as an emergency contact for the day care provider. G. FATHER sought to work out an acceptable arrangement for shared custody with MOTHER through joint counseling at Catholic Charities and the chaplain they knew at Trinity High School. Despite MOTHER having agreed in counseling to increase FATHER'S custodial time to an equally shared arrangement, after the child was weaned or after she was one year old, MOTHER has now refused to implement the custody schedule and refuses attempts at further discussion. Thus, FATHER is left with no other option other than involving Court in order to have a substantial role in parenting their daughter. 15. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff prays this Honorable Court to grant him shared legal and physical custodial rights, and other such relief as the Court may deem appropriate. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Melissa Peel Greevy VERIFICATION I, SHAWN BECKER, verify that the statements made in this Complaint For Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date?? l? Z3 1 b 6 CI SHAWN BECKER 357071 JV 1 ? \ ': w e, A 1 SHAWN BECKER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LAUREN R. HERMAN DEFENDANT 2009-1131 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, February 27, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Friday, April 03, 2009 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. 1166 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4v. 4vp-? *v '07 ?Orww r- us a t L V. SHAWN BECKER Plaintiff vs. LAUREN R. HERMAN Defendant '(APR 19 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-1131 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of A0 'let 2009, upon consideration of the attached Custody Conciliation Repo it is ordered and directed as follows: 1. The Mother, Lauren R. Herman, and the Father, Shawn Becker, shall have shared legal custody of Kiara A. Becker, born February 1, 2008. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which 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 possible. In accordance with 23 Pa.C.S.A. §5309, 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 or information given to either party as a parent as authorized by statute. 2. Beginning on May 3, 2009, the parties shall share having physical custody of the Child in accordance with the following schedule: A. In every week, the Mother shall have custody of the Child from Sunday at 5:00 p.m. through Monday at 5:00 p.m., the Father shall have custody from Monday at 5:00 p.m. through Tuesday at 5:00 p.m., the Mother shall have custody from Tuesday at 5:00 p.m. through Wednesday at 5:00 p.m., the Father shall have custody from Wednesday at 5:00 p.m. through Thursday at 5:00 p.m. and the Mother shall have custody from Thursday at 5:00 p.m. through Friday at 5:00 p.m. The parties shall alternate having custody of the Child from Friday at 5:00 p.m. through Saturday at 5:00 p.m. and also from Saturday at 5:00 p.m. through Sunday at 5:00 p.m. AP B. Prior to the schedule above becoming effective on May 3, 2009, from April 5 through April 19, the Father shall have the same periods of custody with the Child except his overnight periods of custody shall be limited to Mondays and alternating Fridays. Beginning April 19, 2009, the Wednesday overnight periods of custody shall also begin for the Father. C. Beginning on the first weekend in August 2009, during which the Mother has the alternating Saturday overnight period of custody, the parties shall begin alternating the Sunday overnight periods of custody as well. D. Unless otherwise agreed between the parties, the parent relinquishing custody of the Child shall be responsible to provide transportation for the exchange of custody at the receiving parent's residence. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 5:00 p.m. through Christmas Day at 1:30 p.m., and Segment B, which shall run from Christmas Day at 1:30 p.m. through December 26 at 5:00 p.m. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. New Year's: The New Year's holiday shall be divided into Segment A, which shall run from New Year's Eve at 5:00 p.m. through New Year's Day at 1:30 p.m., and Segment B, which shall run from New Year's Day at 1:30 p.m. through January 2 at 5:00 p.m. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. For purposes of this provision, the entire New Year's holiday shall be deemed to fall within the same year as New Year's Eve. C. Easter: In 2009, the Father shall have custody of the Child for Easter from Saturday at 5:00 p.m. through Easter Sunday at 1:30 p.m. and the Mother shall have custody from Easter Sunday at 1:30 p.m. through the following Monday at 5:00 p.m. The parties shall make arrangements to share or alternate having custody of the Child on Easter in the future by agreement. D. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 5:00 p.m. through Thanksgiving Day at 1:30 p.m., and Segment B, which shall run from Thanksgiving Day at 1:30 p.m. through the Friday after Thanksgiving at 5:00 p.m. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day from 5:00 p.m. on the Saturday before the holiday through the day of the holiday at 5:00 p.m. F. Memorial Day/Independence Day/Labor Day: The parties shall share or alternate having custody of the Child on the Memorial Day, Independence Day and Labor Day holidays each year as arranged by agreement. G. The holiday custody schedule shall supersede and take precedence over the regular schedule and vacation schedule. 4. The parties shall have periods of vacation custody with the Child as arranged by agreement. • 5. The parties acknowledge that it is their intention to ensure that the non-custodial parent has the opportunity to provide care for the Child during the custodial parent's unavailability as much as possible. 6. The parties acknowledge the importance of their parenting relationship to the emotional well-being of their Child and agree to take all steps necessary to ensure the ongoing direct and cooperative communication between them concerning the Child. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc Ja s sa P. Greevy, Esquire - Counsel for Father rol J. Lindsay, Esquire - Counsel for Mother 4 ? :-` ?- ? ? ?- ''-r --- .C_ J 'T. ? t 1.t1 ` C.?i 4'? c..i. T2 ?- .,,,. = r-- ?- :? t? SHAWN BECKER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. LAUREN R. HERMAN Defendant 2009-1131 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kiara A. Becker February 1, 2008 Mother 2. A custody conciliation conference was held on April 3, 2009, with the following individuals in attendance: the Father, Shawn Becker, with his counsel, Melissa P. Greevy, Esquire, and the Mother, Lauren R. Herman, with her counsel, Carol J. Lindsay, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator