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HomeMy WebLinkAbout10-2171BRANDON R. BRADY Plaintiff V. RACHEL LEE BEISSEL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. /j - ?2 / 7 / 6? CIVIL ACTION - LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action prior to the hearing scheduled herein, 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. Your are warned that if you fail to do so the case may proceed without you and an Order may be entered against you by the Court without further notice for any claim or relief requested in the Complaint. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator C7 O 10 Cumberland County Courthouse ,? -n 1 Courthouse Square :?u i , Carlisle PA 17013 , (717) 240-6100 W l7g. oC? ,?'?` qL F IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRANDON R. BRADY Plaintiff : NO. CIVIL ACTION - LAW : IN CUSTODY V RACHEL LEE BEISSEL Defendant COMPLAINT IN CUSTODY NOW COMES, Plaintiff, Brandon R. Brady by and through his attorney Susan K. Pickford, Esq. and seeks custody of his minor child and an order returning her to his care and states the following in support thereof: 1. Plaintiff is Brandon R. Brady (hereinafter "Father"), an adult individual currently residing at 103 Umberto Ave, New Cumberland, PA 17070. 2. Defendant is Rachel Lee Beissel (hereinafter "Mother"), an adult individual whose current address is withheld from and therefore unknown to Plaintiff. Defendant last resided at 103 Umberto Ave, New Cumberland on March 27, 2010. 3. Plaintiff and Defendant are the biological parents of the minor child Haze Brady (DOB 3/29/2007). 4. The minor child was born out of wedlock. 5. Plaintiff seeks shared legal and primary physical custody of the minor child. 6. During the past three years, the minor child has resided with the following persons and at the following addresses: Dates 6/09 to present Address 103 Umberto Ave. New Cumberland, PA With whom Mother and Father ? to 6/09 6t' street New Cumberland, PA 2101 Mayfred Camp Hill, PA 12 November Dr. Camp Hill, PA 7. The relationship of Plaintiff to the child is that of Father. Mother and Father Mother and Father Paternal Grandparents 2 minor aunts Mother and Father 8. Plaintiff currently resides with the following persons: The minor child. 9. The relationship of Defendant to the child is that of Mother. 10. Defendant currently resides with the following persons to the best of Plaintiff's knowledge: William Cronin. 11. Neither party has participated as a party or witness or in another capacity in other litigation concerning the custody of the child or knows information of a custody proceeding concerning the child in this or another court. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interests of the child will be served by granting the relief requested because a) Father has been the primary caretaker of the minor child since she was one year old. b) Mother left the residence with the minor child on March 27, 2010 without prior notice to or consent of Father indicating that she was going to a location in Hershey, PA. c) Mother did not go to Hershey but rather to Mount Union, PA, two hours away, to a location she refuses to disclose to Father. d) William Cronin, an individual unknown to Father, contacted Paternal Grandmother with a location and contact phone number of where Mother and child are staying. However that phone number and address (255 West Shirley St., Apt 5, Mount Union, PA 17066) belong to Mr. Cronin's sister and is not the location where Mother and child are staying. e) Mother refused to divulge the location of the child. f) Mother permitted the child to be brought to Paternal Grandparents for a pre-planned birthday party on Monday March 28, 2010. g) Plaintiff believes and therefore avers that mother is not mentally stable and may be a threat to herself and/or may place the child at risk. (1) Mother has a history of self-abusive behaviors including cutting herself and causing injury to herself by striking herself with cans wrapped in socks. (2) Mother has periodic ideations of suicide and death. (3) Mother has been prescribed anti-depressants but stopped taking them abruptly. (4) Mother indicated that she has known the man she is staying with since high school, however Mr. Cronin, in a phone conversation indicated to Paternal Grandmother said that he had only met Mother once or twice before. (5) Plaintiff believes and therefore avers that the minor child is being left in the care of Mr. Cronin without mother present. Father knows nothing about Mr. Cronin. (6) Mother's departure was impulsive without warning or reason. h) Father is willing and capable of caring for the needs and safety of the minor child. i) Father has support of the Paternal Grandparents and Great-Grandmother to assist him if needed. WHEREFORE, Plaintiff requests this Honorable Court to grant Plaintiff immediate physical custody of the minor child pending conciliation and hearing and shared legal custody. Respectfully submitted, (717)761-1274 UI-' IVLCU G1 OL1GGL Lemoyne, PA 17043 ID# 43093 VERIFICATION I verify that the statements made in this document 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. Date 3 ?L5,10 Brandon Brady • Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRANDON R. BRADY Plaintiff V : NO. CIVIL ACTION - LAI= -n RACHEL LEE BEISSEL r ' Defendant ' PETITION FOR SPECIAL RELIEF,, CUSTODY ' ? V E d kf & ic o NOW COMES, Plaintiff, Brandon R. Brady by and through his attorney Susan s r , q. and seeks special relief in the form of immediate sole custody of his minor child and an order returning her to his care and states the following in support thereof: 1. Petitioner is Brandon R. Brady (hereinafter "Father"), an adult individual currently residing at 103 Umberto Ave, New Cumberland, PA 17070. 2. Respondent is Rachel Lee Beissel (hereinafter "Mother"), an adult individual whose current address is withheld from and therefore unknown to Petitioner. Respondent provided an address of 255 West Shirley St., Apt 5, Mount Union, PA 17066, however she is not living there. 3. Plaintiff and Defendant are the biological parents of the minor child Haze Brady (DOB 3/29/2007). 4. Father has been the primary caretaker of the minor child since birth. 5. On or about March 27, 2010, Mother left the residence with the minor child without prior notice to or consent of Father indicating that she was going to a location in Hershey, PA. 6. Mother did not go to Hershey but rather to Huntington County, over 2 hours away, to a location she refuses to disclose to Father. 7. Mother had William Cronin, an individual unknown to Father, contact Paternal Grandmother with a location and contact phone number of where Mother and child are staying. However that phone number and address (255 West Shirley St., Apt 5, Mount Union, PA 17066) belong to Mr. Cronin's sister and is not the location where Mother and child are staying. 8. Mother refuses to divulge the location of the child. 9. Plaintiff believes and therefore avers that mother is not mentally stable and may be a threat to herself and/or may place the child at risk. 10. Mother has a history of self-abusive behaviors including cutting herself and causing injury to herself by striking herself with cans wrapped in socks. 11. Mother has periodic ideations of suicide and death. 12. Mother has been prescribed anti-depressants but has stopped taking them abruptly. 13. Mother indicated that she has known the man she is staying with since high school, however Mr. Cronin, in a phone conversation indicated to Paternal Grandmother that he had only met Mother once or twice before. 14. Plaintiff believes and therefore avers that the minor child is being left in the care of Mr. Cronin without mother present. Father knows nothing about Mr. Cronin. 15. Mother's departure was impulsive without warning or reason. 16. Mother expressed depression and thoughts of death and cutting herself in writings over the week leading up to absconding with the child on the March 27c". See Exhibit "A". 17. Father is concerned for the welfare and safety of the minor child inasmuch as he has no competent address or contact information or knowledge of the environment in which she is living or with whom she is staying or the present mental state of mother. 18. Father is willing and capable of caring for the needs and safety of the minor child. 19. Father has support of the Paternal Grandparents and Great-Grandmother to assist him if needed. WHEREFORE, Plaintiff requests this Honorable Court to grant Plaintiff immediate physical custody of the minor child pending conciliation and hearing and shared legal custody. Lemoyne, PA 17043 ID# 43093 (717)761-1274 (From Mom's on line blog) Friday, March 26, 2010 complaining overall i have not been feeling so well lately, but i guess i've already informed everyone of that. in addition to the lack of desire to do absolutely anything, i have felt very...... strange, for lack of a better word. there has felt like there is a weight on my chest, on my back, and on my neck ...and it's like every single step i take requires a ridiculous amount of energy. besides that, it often feels like my mind is not inside my body. i know; that sounds so nonsensical, and i guess it realistically is. it's just so hard to explain... i often feel like I'm floating outside of my body, but i can still sense the physical things that i mentioned like the weight on my chest. it seems like I'm just right above or behind myself, and that everything is just going through the motions. everything around me seems like a blur of events that mean nothing to me and i just .... float along. i explained this to a friend of mine, and she told me to look up "depersonalization" and "derealization". i looked them up and what i read on "depersonalization" is exactly what i have been feeling and having trouble explaining. i don't know what this means, but i just don't like how i've been feeling lately... besides that, i've been taking Effexor XR in addition to the anxiety medications and i don't think it is helping with how i feel. it makes me tired, and makes me dizzy inside my own head ...which also sounds like it doesn't make sense. I can say that my anxiety, in general, has gotten slightly better ..... but overall i feel awful. I feel like there is nothing left to me, like I'm just a shell. I felt bad before, but at least before i felt like i actually existed. And besides that, i've been feeling nauseous lately and i think it's because of the Effexor too. I didn't take it today .... i only took my anxiety medication because they don't give me any extreme side effects. I was warned by my doctor that i can't just stop taking the Effexor because you go through withdrawal, and even seizures are possible; i didn't take it today anyway. And you know what? I don't feel sick to my stomach today. Do i feel great? Do i feel happy? Do i feel alive? Is my head not spinning? No. But i don't feel like I'm going to throw up, and it's a lot easier to get through your day when you don't feel like you're going to puke at any given moment. I don't know .... I have to talk to my doctor about all of this at my next appointment... Sorry for the rant, i usually don't do this.. Posted by Rachel Reprobate at 9:18 AM Thursday, March 18, 2010 "how are you?" what a question to ask, how am i? my head has been spinning lately, and I'm not sure how long until it flies off of my shoulders and floats far far away. my body is sore and bruised, and I'm too tired to even bother brushing my teeth some days, like today i came close to death the other night, and somehow i don't feel relieved that i wasn't lucky enough to die, and the guilt of that thought is eating me alive. my throat has started to close up and my mouth is so so dry. i can't swallow or speak, but i know that's a good thing because silence is oh so safer than risking wet eyes. i decided that the sight of my own blood was the only thing beautiful about me the other night, but even that now fails to provide me with the sensation that i am still alive. i wanted to tell you this, because all other normal thoughts have vanished from my brain but to my success, i did manage to crack a smile and reply, "hey, I'm okay" VERIFICATION I verify that the statements made in this document 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. Date ? ?'? 0" BRANDON R. BRADY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-2171 CIVIL ACTION LAW RACHEL LEE BEISSEL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 31, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at , 4th Floor, Cumberland County Courthouse, Carlisle on _ Thursday, May 13, 2010 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/ ohn [.Man an r. Es . 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 FORTI{ BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELP. C - Cumberland County Bar Association < ftvk?ke-? 32 South Bedford Street ?. . ?p.,c r== Carlisle, Pennsylvania 17013 Cl) L ?1 Ck O Telephone (717) 249-3166 -77 Cr -P?? McLtj 0 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRANDON R. BRADY Plaintiff V RACHEL LEE BEISSEL Defendant MAR 3 0 2010 NO. CIVIL ACTION - LAW IN CUSTODY ORDER C, - n NOW THIS day of March, 2010, having considered the Plaintiff's Petition for Special Relief, it is hereby Ordered as follows: 1. That the minor child be immediately returned to the Plaintiff who shall have sole physical custody pending hearing on the Petition. 2. Defendant may visit with the minor child in the presence of Plaintiff or Plaintiff's family member as agreed upon until further agreement or order from this Court. 3. Neither party shall remove the child from the jurisdiction of this court pending final custody order. Hearing on this Petition shall be held on April 9 , 2010 at 1:30 P.m. in Courtroom S of the Cumberland County Courthouse. BY THE COURT Distribution: Susan K. Pickford, Esq. 875 Market Street Lemoyne, PA 17043 achel Beissel 255 West Shirley St., Apt 5 Mount Union, PA 17066 Court Administration f 31,21 I tv ??n 4' I I FEB 23 Pty JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant BRANDON R. BRADY, Plaintiff t `{. ?F ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. RACHEL LEE BEISSEL, Defendant No. 10-2171 CIVIL TERM CIVIL ACTION - LAW CUSTODY DEFENDANT'S PETITION TO MODIFY CUSTODY ORDER AND NOW, comes Defendant, Rachel Lee Beissel, by and through her attorney, Jeanne B. Costopoulos, Esquire, and files the within Petition to Modify Custody Order, to which she avers the following: 1. Petitioner, Plaintiff above, is Rachel Lee Beissel (hereinafter referred to as Mother) an adult individual currently residing at 1147 Summerwood Drive, Harrisburg, Dauphin County, Pennsylvania, 17111. 2. Respondent, Defendant above, is Brandon R. Brady (hereinafter referred to as Father), an adult individual currently incarcerated in the York County Prison. 3. The parties are the natural parents of one minor child, Haze Brady, born March 29, 2007 (hereinafter referred to as the child). 4. The parties previously entered into Agreements regarding custody and the parties are subject to a court order dated June 10, 2010. Said order is attached herein as Exhibit A and incorporated by reference as though fully set forth. 5. Mother seeks modification of the June 20, 2010 Order such that she is granted sole legal and primary physical of the child subject to supervised periods of custody with Father. 6. The child's best interests would best be served by granting the relief requested. Father is currently incarcerated for simple assault using brass knuckles and Father should be evaluated to determine whether or not he is a threat to the child before he is granted unsupervised periods of custody. A Court Summery evidencing Father's convictions order is attached herein as Exhibit B and incorporated by reference as though fully set forth. 7. Mother has never been charged or convicted of any crime. WHEREFORE, Defendant respectfully requests this Honorable Court to modify the custody order as set forth more specifically above. RESPECTFULLY SUBMITTED BY: By: JEAN . COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant, Rachel Lee Beissel Dated. ?'?? ?/ VERIFICATION I, RACHEL LEE BEISSEL, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: a (90/1 ' TmA,,L-`? ??. RACHEL LEE BEISSEL CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, Attorney for Defendant, Rachel Lee Beissel do hereby certify that on this date I served the foregoing document by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Susan K. Pickford, Esquire 875 Market Street Lemoyne, PA 17043 By: JEANNE B. COSTOPOULM -ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant, Rachel Lee Beissel Dated: u 2 2 ??/ EXHIBIT A JUN BRANDON R. BRADY, : IN THE COURT OF COMMON PLEAS OF Plaintiff, ; CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY RACHEL LEE BEISSEL, Defendant. : NO. 10-2171 CIVIL TERM ORDER OF COURT AND NOW, this J,0_44ay of , 2010, per the attached and signed Custody Agreement signed by Brandon R. Brady, Father, and Rachel Lee Beissel, Mother, regarding custody of their child, Haze Brady, born March 29, 2007, the following terms are approved and entered as an Order of Court: 1. Mother and Father shall share legal custody of their child. 2. Mother and Father shall share physical custody of the child by agreement of the parties. 3. The parties shall maintain residence within 30 miles of each other. By the Court: ?l bert H. Masland, J. CC: Susan K. Pickford, Esquire For Plaintiff Family Law Clinic, For Defendant TRUE COPY-FROM RECORD In TesUnony whereof, I hero .unto set.my hwW and L of "M CAfA at , Pam d 26 fz, evx EXHIBIT B York County Court of Common Pleas ?` Court Summary Brady, Brandon R. DOB:08/19/1985 Sex:Male Camp Hill, PA 17011 Eyes:Unknown Hair:Unknown or Completely Bald Race:Caucasian Closed York CP-67-CR-0003854-2010 Proc Status: Sentenced/Penalty Imposed DC No: Arrest Dt: 05/24/2010 Disp Date: 01/07/2011 Disp Judge: Bortner, Michael E. Def Atty: Pickford, Susan K. - (PR) Sea No Statute Grade Description Sentence Dt. Sentence Type 1 18§908 01/07/2011 Confinement 2 18 § 2701 01/07/2011 Confinement Program Period Sentence Length M1 M k R Disposition OTN:S0356591 a e epalrs/SelvEtc Offens Weap Guilty Plea - Negotiated Other Min: 30 Day(s) Max: 23 Month(s) M2 Simple Assault Nolo Contendere Other Min: 30 Day(s) Max: 23 Month(s) AOPC 3541 REV. 02/22/2011 Page 1 of 1 Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the coPrinted: urts of the UOnifed Judi aM 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. Court Summary Report 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. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Common Pleas Criminal Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense is charged in order to determine what the most up-to-date disposition information is for the offense. BRANDON R. BRADY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-2171 CIVIL ACTION LAW RACHEL LEE BEISSEL IN CUSTODY w' DEFENDANT -e? TICO _n -r s'4 ORDER OF COURT AND NOW, Friday, February 25, 2011 upon consideration of the attach Pm pJzint,, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq.~ '!?' Eth on46tor, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 24, 2011 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/ john . Mangan, r. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILE0-0F fC, F ( NE Pr ,2,[111 !,R' 17 f11 ,- C UH16Ef L?, BRANDON R. BRADY, THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V. RACHEL LEE BEISSEL, Defendant/Petitioner No. 10-2171 CIVIL TERM : CIVIL ACTION - LAW :CUSTODY PLAINTIFF'S ANSWER TO PETITION TO MODIFY CUSTODY AND NEW MATTER NOW COMES Plaintiff, Brandon Brady, by and through his attorney, Susan K. Pickford, Esquire, and files the following Answer to Defendant's Petition to Modify Custody and states the following in response thereto: 1. DENIED in part and ADMITTED in part. Petition is the Defendant in the above action, not the Plaintiff as stated in the Petition. Petitioner's address is admitted. 2. DENIED in part and ADMITTED in part. Plaintiff in the above captioned matter resides at 335 Spruce St, Apt 5, Middletown, PA. He is serving a sentence in the York County Jail involving an incident initiated, and believed orchestrated by Defendant/Petitioner and her boyfriend. 3. ADMITTED. 4. ADMITTED. 5. DENIED. Petitioner does not state facts for which a response is required.,However, by way of further answer, Respondent has stated no facts that would warrant granting of the extreme remedy of supervised visitation or sole legal custody. An altercation initiated by Petitioner's boyfriend and not involving abuse or danger to the child does not warrant a change in circumstances such as would warrant a substantial change in custody. 6. DENIED. To the contrary, the child's best interests are served by maintaining shared custody with the parents. The child's experience as a child of a separated household could however be improved by removing Petitioner's boyfriend from the custody exchanges and requiring parenting classes for addressing issues of manipulation to affect child custody issues. 7. DENIED. Petitioner states facts, the truth of which Respondent has no ability to determine. NEW MATTER 8. Respondent incorporates paragraphs 1 through 7 by reference as if fully set forth herein. 9. The child's best interests would be best served by maintaining shared custody, excluding Petitioner's boyfriend from attending custody exchanges, requiring Petitioner to engage in counseling regarding her self-destructive behavior and counseling regarding using manipulation to gain advantages in custody. Respondent had been the primary caretaker of the minor child prior to Petitioner absconding with her. He is a nurturing and attentive father to the child. 10. The original complaint in this matter was filed as a result of Petitioner having absconded with the minor child and hiding her from Respondent and his family. Petitioner and her boyfriend refused to divulge the location of the child until Respondent involved the court by way of a custody complaint. 11. When Petitioner absconded with the minor child, she elicited the aid of the gentleman who is now her boyfriend by telling him that Respondent had assaulted her. 12. During the course of negotiating the custody agreement, Petitioner admitted that she lied about Respondent assaulting her in order to get her new boyfriend to assist her in hiding the child. 13. Petitioner also admitted that she engages in self-abuse, cutting herself and hitting herself with cans of vegetables tied in socks. She has uploaded photos of her bruises and poems about her cutting onto the internet and frequents sites for cutters and self abusers. 14. The incident which resulted in Respondent's incarceration was initiated by Petitioner's boyfriend when he physically imposed himself into a verbal argument between Petitioner and Respondent at a custody exchange. Respondent carried brass knuckles for self defense after being mugged several times as a pizza delivery man. When confronted by Petitioner's boyfriend who is much larger than Respondent and initiating a physical confrontation, he defended himself, injuring Petitioner's boyfriend, who subsequently called police. Respondent pleaded no contest to the charge of assault. 15. Respondent believes and therefore avers that the circumstances of the altercation described above together with the previously absconding and hiding of the child and the subsequent filing of this petition while Respondent is incarcerated suggests a course of manipulative conduct by Petitioner aimed at setting up the means and securing the ends of this Petition. 16. Respondent believes and therefore avers that unless Petitioner's boyfriend is removed from the custody exchanges and Petitioner is order into counseling to address the detrimental effect her manipulative behavior has on the child, this conduct will escalate to the detriment of the child. WHEREFORE, Respondent respectfully requests this Honorable Court to maintain the current Order of shared custody and enter additional orders addressing the above concerns as the court deems necessary and appropriate to the wellbeing of the child. Respect U. USAN K. Attorney for Respo ID# 43093 875 Market Street Lemoyne, PA 17043 717-761-1274 Date: March _§ _, 2011 VERIFICATION I, Brandon Brady, do hereby certify that any facts set forth in the forgoing document are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 198 Pa.C.S. 4904 relating to unworn falsification to authorities. Date: 3'l I - L I Certificate of Service I, Susan K. Pickford, Esq., do hereby certify that a true and correct copy of the attached Answer to Petition to Modify Custody Order was served upon the following on the date below and in the manner indicated. Jeanne Costopoulos, Esq. 130 Gettysburg Pike, Suite C Mechanicsburg,PA 17055 (first class mail) BY: usan 4K.Pickf Date: March -L, 2011