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HomeMy WebLinkAbout10-2176i STACEY ROMAINE LATHROP, PLAINTIFF VS. JAYSON ANTHONY BEERS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA cn NO. J0 0Z1'1(p CIVIL TERM-, CIVIL ACTION - LAW c? IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS ' `' J r.. You have been sued in court. If you wish to defend against the claims set forth in the T 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, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 $1'1R. 00 flo ATt- ct", 1408 p-4 ,2.3q (P,7y STACEY ROMAINE LATHROP, PLAINTIFF VS. JAYSON ANTHONY BEERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, STACEY ROMAINE LATHROP, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Mother") is STACEY ROMAINE LATHROP, who currently resides at P.O. Box 523, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant (hereinafter sometimes referred to as "Father") is JAYSON ANTHONY BEERS, who currently resides at 3 Hazzard Lane, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff seeks Shared Legal and Primary Physical Custody of the following children: Name PAYTON MAE BEERS HAZEL ELIZABETH BEERS Present Residence Date of Birth P. O. Box 523 June 5, 2001 Enola, PA P.O. Box 523 June 1, 2007 Enola, PA 4. The children were born out of wedlock. 5. Since birth the children have resided with the following persons at the following addresses: UR12CnATQ Plaintiff and Defendant Plaintiff and Defendant Plaintiff ADDRESS 19 West Beale Ave. Enola, PA 3 Hazzard Lane Enola, PA P.O. Box 523 Enola, PA DATES June 1, 2001 to June, 2006 June, 2006 to September, 2009 September, 2009 to Present 7. The Mother of the children is the Plaintiff, Stacey Lathrop, who currently resides at P.O. Box 523, Enola, Cumberland County, Pennsylvania, 17025. 8. The Father of the children is the Defendant, Jayson Beers, who currently resides at 3 Hazzard Lane, Enola, Cumberland County, Pennsylvania, 17025. 9. The relationship of the Plaintiff, Stacey Lathrop, to the children is that of the Natural Mother. Mother resides at P.O. Box 523, Enola, Cumberland County, Pennsylvania, 17025. 10. The relationship of the Defendant, Jayson Beers, to the children is that of the Natural Father. Father resides at 3 Hazzard Lane, Enola, Cumberland County, Pennsylvania, 17025. 11. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the children in any other court in Pennsylvania. 13. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the children will be served by granting the relief requested because: A. Since Mother left the residence at 3 Hazzard Lane, Enola, Father has only seen the children approximately three (3) times. When residing together as a family Father had little interest or interaction with the children; B. Mother is supportive of Father having a relationship with the children; C. Mother does have concerns about Father's interest and ability to provide a safe and nurturing environment for the children. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as a party to this action. WHEREFORE, Plaintiff, STACEY ROMAINE LATHROP, requests this Honorable Court award the Plaintiff, STACEY ROMAINE LATHROP and the Defendant, JAYSON ANTHONY BEERS, SHARED LEGAL CUSTODY and the Plaintiff, STACEY ROMAINE LATHROP, PRIMARY PHYSICAL CUSTODY and Defendant, JAYSON ANTHONY BEERS, PARTIAL PHYSICAL CUSTODY of the parties' minor children, PAYTON MAE BEERS and HAZEL ELIZABETH BEERS. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: March, 2010 Susan Kay Can, Counsel for Plan PA I.D. # 64998 4010 Glenfinnan Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DATED: 4 ? ITACEY rANE LATH P ~~ ~' MAY 1 12010 STACEY ROMAINE LATHROP, PLAINTIFF vs. JAYSON ANTHONY BEERS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 02176 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT BY COUR , J. n ~ a ~ ~~~, !'T? ~ -~ _ rfi ~ L '77 !._ ("~ ~. { ~ ~.~ f t ~ .~` 1=.j ~ ~ "'1 ~' z ~' ~ ' r' o'+ ;c AND NOW, this ~~ay of ~ , 2010, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, STACY ROMAINE LATHROP and Defendant, JAYSON ANTHONY BEERS shall have SHARED LEGAL CUSTODY and SHARED PHYSICAL CUSTODY of their minor children, PAYTON MAE BEERS and HAZEL ELIZABETH BEERS, in accordance with the language contained in the within Stipulation. Cop ! DES ,-r1,`aLl ~, I ~. ~~~~0 f F=Fns' S~l~ !~d ~~ v STACEY ROMAINE LATHROP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-2176 CIVIL ACTION LAW JAYSON ANTHONY BEERS, IN CUSTODY Defendant ORDER OF COURT AND NOW this ~ day of July 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Jayson A. Beers, and the Mother, Stacey R. Lathrop, shall have shared legal custody of Payton Mae Beers, born 06/05/2001 and Hazel Elizabeth Beers, born 06/01/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's partial physical custody as the parties may agree. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children'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. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. In the event either party is not satisfied with the instant Order, nothing in this Order shall prevent either party from filing a Petition to Modify the custody arrangement. 9. This Order is entered pursuant to 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 e Court, J. Dom' tribution: /Ja son A. Beers, 3 Hazzard Lane, Enola, PA 17025 ~an Candiello, Esq., 4010 Glenfinnan Place, Mechanicsburg, PA 17055 /fohn J. Mangan, Esquire 7 t £..S i')'Ld l I ?~~c./tv ~~ C`J r..' c~ L. ~ -:,_; -. c__ °-r :, ~~" ,- ,~ --; , _ ~j _ S.' ` ~~ .. STACEY ROMAINE LATHROP, Plaintiff v. JAYSON ANTHONY BEERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2176 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custod~of Payton Mae Beers 06/05/2001 Primary Mother Hazel Elizabeth Beers 06/01/2007 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 14, 2010 with the following individuals in attendance: The Mother, Stacey R. Lathrop, with her counsel, Susan Candiello, Esq. The Father, Jayson A. Beers, did not appear 3. The undersigned recommends the entry of an Order in the form as attached. ~ _ Date John . M gan, Esquire Cu ody onciliator STACEY ROMAINE LATHROP, PLAINTIFF VS. JAYSON ANTHONY BEERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, rya : PENNSYLVANIA t NO. 2010 - 02176 CIVIL TERA rk`! rw CIVIL ACTION -LAW . IN CUSTODY F75 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 within twenty (20) days after this Petition 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 Petition 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 ((717) 240-6200 STACEY ROMAINE LATHROP, PLAINTIFF VS. JAYSON ANTHONY BEERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 02176 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Plaintiff, STACEY ROMAINE LATHROP, by and through her counsel, Susan Kay Candiello, Esquire, and files this Petition for Modification of Custody Order upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Mother") is STACEY ROMAINE LATHROP, who currently resides at 61 Queen Avenue, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant (hereinafter sometimes referred to as "Father") is JAYSON ANTHONY BEERS, who currently resides at 3 Hazzard Lane, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff seeks Full Legal and Primary Physical Custody of the following children: Name PAYTON MAE BEERS HAZEL ELIZABETH BEERS Present Residence Date of Birth 61 Queen Avenue June 5, 2001 Enola, PA 61 Queen Avenue June 1, 2007 Enola, PA 4. The children were born out of wedlock. 5. Since birth the children have resided with the following persons at the following addresses: PERSONS Plaintiff and Defendant Plaintiff and Defendant Plaintiff Plaintiff Defendant 6. Enola, PA. 7. ADDRESS 9 West Beale Ave. Enola, PA 3 Hazzard Lane Enola, PA P.O. Box 523 Enola, PA DATES June 1, 2001 to June, 2006 June, 2006 to September, 2009 September, 2009 to July 26, 2010 61 Queen Avenue May 5, 2010 to Present Enola, PA AND 3 Hazzard Lane May 5, 2010 to Present Enola, PA (The parties share physical custody.) The mother of the children is Plaintiff whose current address is 61 Queen Avenue, Plaintiff and Defendant have never been married. 8. The Father of the children is Plaintiff, who currently resides at 3 Hazzard Lane, Enola, PA. Father does not reside with any other individuals. 9. Plaintiff is engaged, she resides at 61 Queen Avenue, Enola, PA., with her two children and Donald Lewis, her fiancee. 10. The relationship of the Plaintiff to the children is that of natural mother. 11. The relationship of the Defendant to the children is that of natural father. 12. Plaintiff has participated as a party in a prior custody agreement concerning the custody of the children in this court. The court, term and number, and its relationship to this action are as follows: the court was Cumberland County, the docket number is 2010-02176, the result was a custody order which is attached hereto and made a part hereof as Exhibit "A". 13. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth at this time. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Prior to entering into the custody order dated July 26, 2010, Mother provided all the care for the parties' two (2) daughters; B. When Father has custody of the children; he provides only minimal care for them. Although Father states he does not have a job, Father typically, takes the children to his Mother, at least 1 day/night a weekend and several days/nights during his week with the children. Father also uses his Sister to provide care and time with the children, during his custodial time. Additionally, Father frequently seeks Mother's assistance to provide care for the children, during his custodial time with the children; C. Mother does not believe the constant moving back and forth between not only Mother and Father, but, the other people; when the children are with Father is in the children's best interest and does not give them the stability of knowing where they are sleeping each night, which they need; D. Father does not provide medical care for the children, if they are sick, Father calls Mother to provide the care and take the children for medical and dental treatment; E. Father has severe mood/personality swings, which greatly concern Mother, who worries about Father's interactions with the children during these severe mood swings; F. Mother is appalled at the environment in Father's house, it is not just dirty, but filthy. The children have had a "cold" with chest congestion most of the school year; G. When Father does have the children with him, he rarely interacts with the children, he does not engage in any activities with them, the children primarily entertain themselves, when they are actually with their Father; H. Father does not participate in any of his older daughter's activities, cheerleading, Girl Scouts, soft ball, etc. When Father has his older daughter, he does not take her to any activities or practices; I. Father demonstrates clearly he only wants the children when it is convenient for him to have them. Mother is very concerned that Father's actions and behaviors toward the children are having a very negative effect upon them. 17. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff, STACEY ROMAINE LATHRUP, requests this Honorable Court grant her FULL LEGAL CUSTODY and PRIMARY PHYSICAL CUSTODY, with PARTIAL PHYSICAL CUSTODY in the Defendant, JAYSON ANTHONY BEERS, of the minor children, PAYTON MAE BEERS and HAZEL ELIZABETH BEERS Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: February, 2011 Susan Kay Can Counsel for P ainti PA I.D. # 649 8 4010 Glenfinn&+-Mace Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. t DATED: a 111 , 1 S ACEY ROMAINE LATHR P EXHIBIT "A" MAY 1 1 2010 STACEY ROMAINE LATHROP, PLAINTIFF VS. JAYSON ANTHONY BEERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2010 - 02176 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this ? day of , 2010, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, STACY ROMAINE LATHROP and Defendant, JAYSON ANTHONY BEERS shall have SHARED LEGAL CUSTODY and SHARED PHYSICAL CUSTODY of their minor children, PAYTON MAE BEERS and HAZEL ELIZABETH BEERS, in accordance with the language contained in the within Stipulation. BY T+fE COURT,; h, trz J. TREE COPY FROM RECORD In Testimccy whereof, ! here unto set-My.1hand and these of said Courtat C;arlisle,. Pa. This Y of , ^ 1 Proth:;noia ~J 4 _t , STACEY ROMAINE LATHROP, PLAINTIFF VS. s JAYSON ANTHONY BEERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2010 - 02176 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Mother") is STACEY ROMAINE LATHROP, who currently resides at P.O. Box 523, Enola, Cumberland County, Pennsylvania, 17025. The Defendant (hereinafter sometimes referred to as "Father") is JAYSON ANTHONY BEERS, who currently resides at 3 Hazzard Lane, Enola, Cumberland County, Pennsylvania, 17025. PAYTON MAE BEERS (hereinafter sometimes referred to as "Payton") born on June 5. 2001, and HAZEL ELIZABETH BEERS (hereinafter sometimes referred to as "Hazel") born on June 1, 2007, are the subject of this Stipulation for Agreed Order of Custody_ It is Plaintiff and Defendant's belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both his natural Mother and natural Father, provided the children are in a safe environment. WHEREFORE, Plaintiff, STACEY ROMAINE LATHROP, and Defendant- JAYSON ANTHONY BEERS, have entered into a mutual agreement regarding the custody of their children and respectfully request this Honorable Court to enter the following Order: , 1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A. Section r 53 )02) of their minor children, PAYTON MAE BEERS and HAZEL ELIZABETH BEERS. 2. All decisions affecting their children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their children's best interest. 3. Mother and Father agree to keep the other informed of the progress of their children's education and social adjustments. Mother and Father agree to communicate with each other and not to use the children to avoid communication with the other parent. Mother and Father agree not to impair the other's right to shared legal or physical custody of their children. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their children. 4. While in the presence of their children, neither Mother nor Father shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their children should respect and love. 5. It shall be the obligation of each parent to make their children available to the other in accordance with the physical custody schedule and to encourage their children to participate it the plan hereby agreed and ordered. 2 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent- Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Both parents' names shall be listed with the school their children attend as parents to be contacted in the event of an emergency, and to be notified regarding school events. Each party shall provide the other, promptly after receipt, with copies of report cards and notification of major school events 9. Neither Mother nor Father shall schedule activities or appointments for their children, which would require their attendance or participation at said activity or appointment during a time when their children are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 3 10. The parties have agreed Mother and Father shall Share Physical Custody of their minor children, Payton Mae Beers and Hazel Elizabeth Beers, in accordance with the following schedule: A. Mother and Father shall have a weekly schedule with an exchange of the children on Wednesday evening. The schedule shall begin on May 5th when Father shall get the children from Mother, keeping the children through Wednesday evening, May 121", when Mother shall get the children from Father. The parties shall continue to alternate weeks with the exchange on Wednesday evening. During Mother's week of custody Father shall be responsible for getting the children off the school bus at the end of the school day and the children shall be with Father until Mother returns from work at the end of the day; B. The children shall be with the parent who has custody on their normally scheduled time for that day on the following holidays: New Years's Eve and Day; Martin Luther King's Birthday; Valentine's Day; President's Day; Veteran's Day; Memorial Day; Independence Day; Labor Day; and Halloween. C. The children shall be with the parent who has their regularly scheduled custody on Easter and Thanksgiving Day, but only until 2:00 p.m. At 2:00 p.m. the parent who would not have custody on those days shall then be able to get the keeping the children through 9:00 p.m. on that day, at which time the children shall be returned to the parent who has their regularly scheduled custody on those days. 4 D. Christmas. Mother shall always have the children on Christmas Eve day through 10:00 p.m. Christmas Eve. In the Even numbered years, Mother shall keep the children through 10:00 p.m. Christmas Eve until 2:00 p.m. when Father may have the children from 2:00 p.m. through 9:00 p.m. on Christmas Day. In the Odd numbered years, Father shall have the children beginning Christmas Eve from 10:00 p.m. through Christmas Day at 2:00 p.m. when Mother shall have the children beginning 2:00 p.m. through 9:00 p.m. At 9:00 p.m. the parent who would have the children as a normally scheduled day shall get the children. E. The parent who does not have the children on the day of their birthdays shall have the right to request a visit during the day of the child's birthday for a minimum of two (2) hours, if the child's birthday falls on a school day and for a minimum of six (6) hours if the child's birthday falls on a day the child is not in school. F. Father shall have the children on Father's Day and Mother shall have the children on Mother's Day; G. If the parent who has the children during their custodial period is unable to care for the children, for a period in excess of three (3) hours; that parent shall first contact the other parent to offer them custody of the children before that parent obtains other child care for the children. H. Mother and Father shall each have the option of requesting one (1), week of vacation during the year with their children, providing a minimum of 5 thirty (3 0) days' notice of the time requested is given to the other parry in writing. If the parents choose the same times, the parent who notifies the other parent first, gets that time for vacation. The parent taking the children on vacation shall provide other parent with a location(s) where the children will be and a telephone number to contact the children. The children shall not be taken out of the State of Pennsylvania without the knowledge and consent of the other parent; 1. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties; J. All holidays, vacations, and specially designated times for visitation with their children shall supersede the regularly scheduled visitation. 11. The custodial parent shall allow the children liberal communication with the non- custodial parent, whether by telephone or email. 12. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their children. 13. During any period of custody or visitation, the parents shall 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. 14. Neither party will smoke cigarettes or tobacco products nor allow others to 4. 1. smoke in the presence of the children. In the "presence" of the child, shall for the purposes 6 of this agreement mean, the children must not be in the same room as the individual who is smoking. 15. The parent with physical custody of their children agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their children have become involved. 16. Mother and Father agree to provide each other with current information regarding their children. Mother and Father also agree to have each other listed as an emergency contact with any adult and/or agency their children interact with. 17. Mother and Father agree to share transportation equally. The parent beginning their period of custody shall get the children from the other parent. Mother and Father must always transport the children in appropriate and safe car seats and belts. 18. Mother and Father agree to provide each other with written notice of their intent to relocate a minimum of ninety (90) days prior to their move. 19. Mother and Father shall each have one (1) child as an income tax exemption. Mother shall have Hazel Elizabeth Beers and Father shall have Payton Mae Beers as an income tax exemption. 20. If the parties disagree and/or are unable to reach a joint decision regarding their children, they agree to utilize either Counseling or Mediation to assist them to reach a resolution before resorting to seeking a resolution through the court system; 21. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing 7 *TACEY MAINE LA OP 67AYSOIN ANTHONY BEERS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: A Y'l ti S On this, the W© day of-May,, 2010, before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when STACEY ROMAINE LATHROP and JAYSON ANTHONY BEERS, whose names are subscribed to the within Stipulation for Custody, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my moM Pubft HMPDEN 1MR ? ? F, conwodon Jun 21, 2010 and official Seal. Public Commission Expires: 4 - a ,,C1 t and signed by both parents. J STACEY ROMAINE LATHROP, Plaintiff V. JAYSON ANTHONY BEERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2176 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of July 2010, upon consideration of the attached Conciliation Report, it is Ordered and Directed as follows: Custody Le-gal Custody: The Father, Jayson A. Beers, and the Mother, Stacey R. Lathrop, shall have shared legal custody of Payton Mae Beers, born 06/05/2001 and Hazel Elizabeth Beers, born 06/01/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's partial physical custody as the parties may agree. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 5. Neither party may say or do anything nor permit a third party to do or sa anestrange the Children from the other say anything that may party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children'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. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 0- 8. In the event either party is not satisfied with the instant Order, nothing in this Order shall prevent either party from filing a Petition to Modify the custody arrangement. 9. This Order is entered pursuant to 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, J. Distribution: Jayson A. Beers, 3 Hazzard Lane, Enola, PA 17025 Susan Candiello, Esq., 4010 Glenfinnan Place, Mechanicsburg, PA 17055 John J. Mangan, Esquire TRUE COPY FROM RECORD In Testimony whereof i here unto set -my hand and the se of said- rt a Carlisle, Pa. This ?..,y Of , 20 -iL Prothonotary STACEY ROMAINE LATHROP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-2176 CIVIL ACTION LAW JAYSON ANTHONY BEERS, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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 Children who are the subject of this litigation is as follows: Name Date of Birth Currentlv in the Custody of Payton Mae Beers 06/05/2001 Hazel Elizabeth Beers 06/01/2007 Primary Mother Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 1. 4, 2010 with the following individuals in attendance: The Mother, Stacey R. Lathrop, with her counsel, Susan Candiello, Esq. The Father, Jayson A. Beers, did not appear 3. The undersigned recommends the entry of an Order in the form as attached. Date ?JOn . M gan, Esquire ody onciliator STACEY ROMAINE LATHROP IN THE COURT OF COMMON PLEAS OF--; PLAINTIFF CUMBERLAND COUNTY, PENNSYLV?IA V. - 2010-2176 CIVIL ACTION LAW mac': <E -p .7) - ,, JAYSON ANTHONY BEERS c IN CUSTODY > r DEFENDANT ; ORDER OF COURT AND NOW, Thursday, February 24, 2011 , 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 Friday, April 01, 2011 at 1:00 PM 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 .Man an 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 01 y-// A 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 "? 17 I _T / 7? /N? €- 3 STACEY ROMAINE LATHROP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-2176 CIVIL ACTION LAWS ?-' JAYSON A NTHONY BEERS IN CUSTODY , Defendant Prior Judge : Edward E. Guido, J. ® ORDER OF COURT ro CD AN D NOW this day of April 2011, upon consideration of the attached C?to&y Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custod : The Father, Jayson A. Beers, and the Mother, Stacey R. Lathrop, shall have shared legal custody of Payton Mae Beers, born 06/05/2001 and Hazel Elizabeth Beers, born 06/01/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding the' health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent sha 1 be entitled to all records and information pertaining to the Children including, but not lim led to, medical, dental, religious or school records, the residence address of the Children an of the other parent. To the extent one parent has possession of any such records or inf rmation, that parent shall be required to share the same, or copies thereof, with the other par nt within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Ph sical Custod : Mother shall have primary physical custody of the Children subject to Fat er's partial physical custody as follows: a. Pending agreement otherwise or further Order of Court, Father shall have custody of the Children one weekend and one week (seven consecutive overnights) each month. The parents have agreed to designate these periods the weekend of March 26-27, weekend of April 9-10, week of April 15-22, week of May 6-13, weekend of May 21-22, week of June 3-10 and weekend of June 18-19. b. Father shall additional periods of custody as the parties may agree. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable 4. The custody exchanges shall not involve any hostile behaviors or derogatory communication. The parents shall not use the Children to convey messages back and forth; furthermore, each parent shall not attempt to negatively influence the Children against the other parent. 5. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children'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. 0 7. Coupseling: The parties are directed to engage in therapeutic family counseling with a mut4ally-agreed upon professional. The cost of said counseling, after appropriate payment thro I gh insurance, shall be split equally between the parties. Father has further agreed to, and shall, engage in an appropriate anger management counseling. The family counseling and anger management counseling shall be set up within one week. 8. In t?e event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. Onc the anger management has been completed by Father and the parties have started the ther peutic family counseling, either party may contact the assigned conciliator directly to sch dule a status conference to determine whether or not to increase Father's custodial periods. 11. the this Order is entered pursuant to a Custody Conciliation Conference. The parties may modify provisions of this Order by mutual consent. In the absence of mutual consent, the terms of Order shall control. By th urt, J. ? Jayson A. Beers, 3 Hazzard Lane, Enola, PA 17025 Susan Caniello, Esq., 4010 Glenfiiman Place, Mechanicsburg, PA 17055 ? John J. M gan, Esquire Ma?e? 00 Pie `?u STACEY ROMAINE LATHROP, Plaintiff W. JAYSON ANTHONY BEERS, Defendant Prior Judgek Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2176 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. 2. 3 The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Payton Mae Beers 06/05/2001 Primary Mother Hazel Elizabeth Beers 06/01/2007 Primary Mother A Conciliation Conference was held with regard to this matter on May 14, 2010, an Order issued July 26, 2010 and a conference was held March 21, 2011 with the following individuals in attendance: The Mother, Stacey R. Lathrop, with her counsel, Susan Candiello, Esq. The Father, Jayson A. Beers, self-represented party The undersigned recommends the entry of an Order in the form as attached. ._.-= e Jrc J. an gan, Esquir C Conciliator C' STACEY ROMAINE LATHROP, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA - C:: °? : NO. 2010 - 02176 CIVIL TERMnw cn _=- I VS. XM 7C1 r1-j JAYSON ANTHONY BEERS, :CIVIL ACTION -LAW C ° DEFENDANT : IN CUSTODY ='-`-' RULE C-D :AND NOW, this *7 4? day of 2011, upon consideration of the within Petition for Special Relief, a Rule is hereby entered against Defendant, JAYSON ANTHONY BEERS, to show cause why the relief requested should not be granted. RULE is issued upon the Defendant to show cause why the Plaintiff, STACEY ROMAINE LATHROP is not entitled to the relief requested. The Defendant shall file an answer to the petition within ;?Q days of this date. 4-1h Q , 2011, RULE RETURNABLE with hearing thereon the (D day of OC"' at 1' 3 0 o'clock A M. in Courtroom Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 17013-3387. BY T URT: n d J. o?ugan day ?rld ?e l lo, 1-y-son Ar?thong Beers pav-- C? 11 a/S?ob I - STACEY ROMAINE LATHROP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JAYSON ANTHONY BEERS, Defendant NO. 2010-2176 CIVIL TE§M _ ., . rT .. Frl 7- c-7 -_ IN RE: PETITION FOR SPECIAL RELIEF -G> -s ORDER OF COURT CT . r ?.... .-.5 1. AND NOW, this 26th day of October, 2011 4fr -_ r:1 hearing our order of April 26, 2011, is amended to limit father's contact with the children as follows: a. Father may visit with the children at the home of his mother [the children's paternal grandmother] every other Sunday from 12:30 until 5:30. Father may not arrive at the home before 12:30 and must leave by 5:30 so that there is no contact between him and mother. Mother shall drop the children off at paternal grandmother's home at noon and pick them up at six. Father must give mother at least 7 days notice of his intent to exercise the Sunday visitation. Unless mother receives said notice, she need not take the children to grandmother's home. If father does not show up on time, grandmother is directed to notify mother and mother may retrieve the children. We will schedule another hearing in this matter upon request of father once he has undertaken to commence anger management and his anger management counselor is satisfied that father is in control enough to return to the schedule set forth in our April 26, 2011, order. By the Cour X Edward E. Guido, J. Susan K. Candiello, Esquire For the Plaintiff Jayson A. Beers 3 Hazzard Lane 11 Enola, PA 17025 /?oPI? 111 1 :lfh