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HomeMy WebLinkAbout02-0387DANIEL P~ BEECHER, Plaintiff VS. KA HLEEN S. BEECHER Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW COMPLAINT FOR CUSTODY 1. The Plaintiff is Daniel R. Beecher, residing at 1032 Petersburg Road, Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendant is Kathleen S. Beecher, residing at 6 Mountain View Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. Name Corinne A. Beecher The Plaintiff seeks partial custody of the following children: Present Residence Agle 6 Mountain View Dr 11 Mt. Holly Springs, PA The child was born on July 18, 1990. She is presently in the custody of Defendant, Kathleen S. Beecher. Rachel E. Beecher 6 Mountain View Dr. 8 Mt. Holly Springs, PA The child was born on May 11, 1993. She is presently in the custody of Defendant, Kathleen S. Beecher. The mother of the children is Kathleen S. Beecher, currently residing at 6 Mountain View Drive, Mt. Holly Springs, Pennsylvania. She is unmarried. The father of the children is Daniel R. Beecher currently residing at 1032 Petersburg Road, Boiling Springs, Pennsylvania. He is unmarried. The relationship of Plaintiff to the children is that of Father. The relationship of Defendant to the children is that of Mother. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 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. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The father has provided support of $660.00 per month. 10. b. Mother refuses to allow children to visit alone with father. Prior to July, 2001, father visited every other weekend with the children. c. Father is currently employed by US Postal Service. d. Mother is currently employed at 114 Harrisburg Pike with the A-Hold Financial Group. e. Father resides with Jodi Morgan. f. On weekends while children are in father's custody, father has: 1.) planned and prepared meals 2.) bathed, groomed and dressed the children 3.) woke children up in the morning 4.) put the children to bed nightly at the appropriate time, attended the children in the middle of the night g. Father is capable of providing a stable environment for the children; Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff prays that This Honorable Court grant him partial physical custody of their children. Date: I- ~? , 2002 Respectfully submitted, ABOM & KUTULAKI$, L.L.P. .~Dson P. Kutulakis, Esquire . #80411 8 South Hanover Street, Suite 204 Carlisle, PA 17013 Attorney for Plaintiff VERIFICATION I, Daniel Beecher, hereby verify that the facts set forth in the foregoing Custody Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: January 10, 2002 Daniel Beecher CERTIFICATE OF SERVICE $ ~, Jason P. ~:utda~s, Esqu~e, hereby cemCy that on this ~day of Janua~, 2002, a tree and correct copy of the within CUSTODY CO_tl/IPI_AINTwas served upon counsel by United States Mail, First Class, postage pre-paid, addressed as follows: Anthony L. Deluca, Esquire 113 Front Street P. O. Box 358 Boiling Springs, PA 17007 Jasol~ P. Kutulakis DANIEL R. BEECHER PLAINTIFF V. KATHLEEN S. BEECHER DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-387 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Tuesday, Januar~ 29, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 22, 2002 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. All children age five or older may also be present at the conference. 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/ [acaueline M. Vernev. Esa. 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 ind/viduals 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MAR 1 5 ZOOZ DANIEL R. BEECHER, Plaintiff V. KATHLEEN S. BEECHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-387 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW, this ~ dayof ~~ , 2002, upon CfoOl~Sjwd:~ation of the attac~ody Conci~at~'on ~.eport, it IS ordered and directed as 1. The Father, Daniel R. Beecher, and the Mother, Kathleen S. Beecher, shall have shared legal custody of Corinne A. Beecher, bom July 18, 1990 and Rachel E. Beecher, born May 11, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody on the following schedule and the following conditions: A. Father shall obtain a drug and alcohol evaluation and follow all recommendations as soon as practicable. B. Once the evaluation is received, it shall be shared with both counsel. C. Father shall not consume any alcohol while the children are in his custody. D. While the children are in Father's custody, Father's paramour's dog shall be kept in its crate or kennel. E. Father's periods of custody may be exercised so long as the children do not exhibit strong resistance to the periods of custody. F. The children will not be left alone with Father's paramour. G. Pending the scheduling of the drug and alcohol evaluation, Father shall be entitled to one hour of physical custody with the children on alternating Sundays, at times agreed by the parties, beginning Sunday March 17, 2002. H. Once the D&A evaluation is scheduled, Father shall be entitled to two (2) hours of physical custody of the children on alternating Sundays. I. Once the D&A evaluation is obtained, Father shall be entitled to three (3) hours of physical custody with the children on altemating Sundays. 4. Father shall participate in counseling when the counselor deems it appropriate. 5. Mother shall be responsible for all transportation. 6. Each parent shall be entitled to liberal telephone contact while the children are in the other parent's custody. 7. Neither party shall do anything, nor permit a third party to do 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. 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. cc: Jason P. Kutulakis, Esquire, Counsel for Father Rebecca Hughes, Esquire, Counsel for Mother DANIEL R. BEECHER, Plaintiff V. KATHLEEN S. BEECHER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-387 CIVIL TERM : : 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 Children who are the subject of this litigation is as follows: NAME Corinne A. Beecher Rachel E. Beecher DATE OF BIRTH July 18, 1990 May 11, 1993 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held in this matter on March 13, 2002, with the following individuals in attendance: The Father, Daniel R. Beecher, with his counsel, Jason P. Kutulakis, Esquire and the Mother, Kathleen S. Beecher, with her counsel, Rebecca Hughes, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date ~emey,' E~ Custody Conciliator