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HomeMy WebLinkAbout09-4177CHAD EVERETT COSBY, Plaintiff VS. No 0 l7 7 ,?! -7-41.-- DANIELLE BOLGER BECCIA, CIVIL ACTION - AT LAW Defendant CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, Chad Everett Cosby, and avers the following in support of this Complaint in Custody: 1. The Plaintiff is Chad Everett Cosby, an adult individual residing at 10303 Malcolm Court, Apt J, Cockeysville, Baltimore County, Maryland, 21030. 2. The Defendant is Danielle Bolger Beccia, an adult individual currently residing at 4717 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 3. Plaintiff seeks shared legal and partial physical of the following child: Name Present Residence Date of Birth Aidan Christopher Bolger 4717 Brian Road Mechanicsburg, PA 17055 3/7/2004 4. The parties were never married to each other and the child was born out of wedlock. 5. The child is presently in the custody of Defendant, Danielle Bolger Beccia, who resides at 4717 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 6. Since birth, the child has resided with the following persons and at the following addresses: 1 Names Addresses Dates Defendant 4717 Brian Road 11/08 - present Defendant's husband Mechanicsburg, PA Betty and Pat Bolger Golf Vista Dr. Greencastle, PA, 17225 05105 - 11/08 Defendant Blacksburg, VA 12/04 - 05105 Defendant Charlottesville, VA 03/04 - 12/04 7. The mother of the child is Danielle Bolger Beccia, currently residing with her husband, Steve Beccia, at 4717 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 8. The father of the child is Chad Everett Cosby, currently residing at 10303 Malcolm Court, Apt J, Cockeysville, Baltimore County, Maryland, 21030. 9. The relationship of Plaintiff to the child is that of biological father. The Plaintiff currently resides with his wife, Robyn Cosby. 10. The relationship of Defendant to the child is that of biological mother. The Defendant currently resides with the subject child and her husband, Steve Beccia. 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or any other state 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. 13. The best interest and permanent welfare of the child will be served by granting the relief 2 requested and permitting the child to know and have a significant relationship with Plaintiff for the following reasons: a. The child will know that he is loved unconditionally by his father and his father's immediate family; b. The child will know that if he ever needs this part of his family that they will be there for him; c. The child will have additional access to his father's family, particularly his paternal grandmother and grandfather--who love him immensely; d. The child will experience a different perspective on life and love; e. Father and his family can offer the child a type of structure and discipline that is different than he currently experiences; f. The child will learn responsibility and accountability in different ways if he is exposed to Plaintiff and his family's good values; g. The child will feel more valuable and secure because he will experience more love and support in his life; h. The child will consistently experience that he is loved and cared for by both of his biological parents, not just one of them; i. The child will know that his father wants to have a relationship with him and believes he is worth having a relationship with; and, j. The child will never have to wonder: "Where is my dad?" 14. Each parent whose parental rights to the child have not been terminated and the person 3 who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff, Chad Everett Cosby, requests the Court to grant him shared legal and partial physical custody of his son. erett C y 10303 Malcolm Cockeysville, MD 21030 Telephone: (540) 239-4723 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Chad Eve ett Cosby Date: 44/0 4 FBI ;.° J(`F ')F THE 71;APY 19 X11 ! [ t .A nazi 17 /4 1'SO C? -7 /,T2 Y8'9PY?f ?L, 2a4 9 yc J -, CHAD EVERETT COSBY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-4177 CIVIL ACTION LAW DANIELLE BOLGER BECCIA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, June 26, 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 Friday, July 24, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILEt3-,FFi,GE OF THE PRO T P'7,'tVrA9Y 2009 JUN 26 PM 3- 32 •? :Y'r? sti'r'+ ...;'UIN.?. ary CHAD EVERETT COSBY [N THE COURT OF COMMON PLEAS OF PLAINTtFF CUMBERLAND COUNTY, PENNSYLVANIA. v. 2009-4177 CIVIL ACTION LAW DANIELLE BOLGER BECCIA, A/K/A IN CUSTODY DANIELLE RENEE BECCIA ' DEFENDANT ORDER OF COURT AND NOW, Monday, November 16, 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 Monday, December 07, 2009_ __ _ at 9:30.. AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to detule 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 . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with L)isabilites 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 courC. You must attend the scheduled conference or hearing. YOU SHOULD TAKE 'T'HIS PAPER TO YOUR AT"TORNEY AT ONCE. IF YOU DO NO"I HAVE AN A"I"TORNEY OR CANNOT' AFFOK.D ONE, GO TO OK "fELF..PHONE "I'Hf~ OFF1C E SI: t~ 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 .r~ , ;;- -- ,~. -~ '~ ~„~~,. _ ,w r CHAD E. COSBY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DANIELLE B. BECCIA, Defendant N0.09-4177 CIVIL TERM IN RE: PLAINTIFF'S PETITION TO MODIFY EXISTING CUSTODY ORDER BEFORE OLER, J. ORDER OF COURT AND NOW, this 5th day of March, 2010, upon consideration of Plaintiff s Petition To Modify Existing Custody Order with respect to the parties' child, Aidan Christopher Bolger (d.o.b. March 7, 2004), and following a hearing held on March 4, 2010, which has not yet been completed, it is ordered and directed pending further hearing and further order of court, as follows: 1. Legal custody of the child shall be shared by the parties; 2. Primary physical custody of the child shall be in Defendant, the mother; 3. Temporary or partial physical custody of the child shall be in Plaintiff, the father, as follows: a. During the school year, (1) One weekend out of every three weekends, from Friday at 8:30 p.m. until Sunday at 5:00 p.m.; provided, that on weekends in which Monday is a federal holiday the period of temporary or partial physical custody shall extend to Monday at 5:00 p.m.; (2) During Thanksgiving vacation, from Thanksgiving Day at 3:00 p.m. to the following Sunday at 3:00 p.m.; c N ~=~ ~ ~ ~ ~~ ~,~ ~~- ~ ~ -, ~ ,.,:. ~~ -;-, cn °, [ - - ~ r T' ~ -: _, ~" ~ m ~ w ~ ;~ o ~ ~ ~ (3) During Christmas vacation, from Christmas Day at 3:00 p.m. until December 30, at 3:00 p.m.; 1 , b. During the summer, on alternating weeks from Sunday at 7:00 p.m. until Sunday at 7:00 p.m., commencing with the second full week of summer vacation; 4. Exchanges of custody shall occur at Exit 110 (Ladysmith) on I-95 South in Virginia; and 5. Nothing in this order is intended to preclude the parties from deviating from the terms of this order by mutual agreement. / Jeanne B. Costo oulos Es . P ~ q 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 Attorney for Plaintiff -Courtney Kishel Powell, Esq. P.O. Box 650 Hershey, PA 17033 Attorney for Defendant i~5 and [ 14c~ 3 s f r~ ~~ BY THE COURT, .--~ ~-~ i ~~ ~ ~ . J.;fWesley Ole , ., J. 'J CHAD EVERETT COSBY, Plaintiff v DANIELLE BOLGER BECCIA, aka DANIELLE RENEE BECCIA,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 09-4177 CIVIL TERM IN CUSTODY n C ~ o - 'L ~ ~ <~. -.: ~- ni ~ ~~rry ~:. ~ ~~i w r ,--, ~' ~ .~ ~ r f V --1 r~ -„n< IN RE: PETITION TO MODIFY CUSTODY ORDER OF COURT AND NOW, this 4th day of March, 2010, upon consideration of Plaintiff's Petition To Modify Existing Custody Order with respect to the parties' child, Aidan Christopher Bolger (date of birth, March 7, 2004), and following a hearing held on this date, which has not yet been completed, the record shall remain open, and counsel are requested to contact the Court's secretary for purposes of scheduling a further period of hearing in this case. It is noted that at the time of adjournment on today's date Plaintiff had presented the testimony of the Plaintiff, Chad Everett Cosby, and Defendant was in the process of presenting the testimony of Defendant Danielle Bolger Beccia. At the time of adjournment Defendant was being subjected to cross examination by Plaintiff's counsel. Both counsel have reserved the right to call further witnesses at the next scheduled period of hearing, including their clients. It is noted further that at the time of adjournment on today's date Defendant's Exhibit 1 had been identified and admitted. No further exhibits had been identified or admitted. Finally, it is noted that Defendant's counsel has requested that the stenographer transcribe and file the notes of • testimony from today's proceeding. made such a request. ~ Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 For laintiff Courtney Kishel Powell, Esquire P.O. Box 650 Hershey, PA 17033-0650 For Defendant mae ~~~~~ 3~y~1l~ m~ ~ Plaintiff's counsel has not By the Court,