HomeMy WebLinkAbout05-2222
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNlY, P A
v.
NO. 0 ,,) - ~.2. J.. :L
CIVIL ACTION - LAW
IN CUSTODY
KIRK McBETH,
Defendant
COMPLAINT FOR CUSTODY
1. The Plaintiff is Autumn Peterson, who currently resides at 231 Meals Drive, arlisle,
Cwnberland County, Pennsylvania 17013.
2. The Defendant is Kirk McBeth, who currently resides at 21A Chestnut Stre t, Mt.
Holly, Cwnberland County, Pennsylvania 17065.
3. The Plaintiff seeks custody of the following child:
Name: Bryanna Lynn McBeth
Date of Birth: March 13, 2002
Address:
231 Meals Drive, Carlisle, P A
4. The child was bom out of wedlock.
5. The child is presently in the custody of Autumn Peterson, who currently resi es at
231 Meals Drive, Carlisle, Cwnberland County, Pennsylvania 17013.
6. During the child's lifetime, she has resided with the following persons and
following addresses:
Name
Address
Date
Autumn Peterson, Stephanie
Golden (Mother's roommate)
231 Meals Dr.
Carlisle, P A
September 2003 to pr sent
Autumn Peterson and Kirk
231 Meals Dr.
Carlisle, P A
Birth to September 20 3
McBeth
7. The mother of the child is Autumn Peterson, who currently resides at 231 eals
Drive, Carlisle, Cwnberland County, Pennsylvania 17013.
8. Mother of the child, Autumn Peterson, is not married.
9. The father of the child is Kirk McBeth, who currently resides at 21A Chestnut treet,
Mt. Holly, Cumberland County, Pennsylvania 17065.
10. Father of the child, Kirk McBeth, is not married.
11. The relationship of Plaintiff to the child is that of Mother.
12. The relationship of Defendant to the child is that of Father.
13. The Defendant currently resides with the following persons:
Maria (last name unknown), Defendant's girlfriend and her son, Dylan.
14. The Plaintiff has not participated as a party or witness, or in another capac' , ill
other litigation concerning the custody of the child in this or any other court.
15. The Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
16. The Plaintiff does not know of a person not a party to the proceedings wh has
physical custody of the child or claims to have custody or visitation rights with respect the
child.
17. The best interest and permanent welfare of the child will be served by gran' the
relief requested for reasons including the following:
a. The Mother has been the primary caregiver of the minor child sinc her
birth. She has:
1. Planned and prepared meals;
11. Bathed, groomed and dressed the child;
111. Purchased, cleaned and cared for the child's clothing;
IV. Arranged medical care, including trips to physicians;
v. Arranged alternative daycare;
VI. Put the child to bed nightly, attended the child in the middle the
night, and awakened the child in the morning.
b. Mother and Father have agreed on a custody schedule that provides M
with primary physical custody and Father with partial physical custody very
Wednesday and Saturday and every other Thursday.
c. Beginning around April 20, 2005, Father has been refusing to return the hild
to Mother at the times agreed.
d. The child has a psychological bond with the Mother.
e. Mother is able to provide a stable environment for the child.
18. Each parent whose parental rights to the child have not been terminated ha been
named as parties to this action.
WHEREFORE, the Plaintiff requests that this Court grant primary physical custody of the
child to the Plaintiff/Mother.
Respectfully submitted,
ABOM & KuruLAKIs, L.L.P.
Kara W. Haggerty
ID No. 86914
36 South Hanover Street
Carlisle, PAl 7013
(717) 249-0900
Attorney for Plaintiff
DATE4/~ lo~
-
VERlFICA TION
I, Autumn Peterson, verify that the statements made in this Custody Complain are
true and correct to the best of my knowledge, information, and belief. I understand that
statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to uns om
falsification to authorities.
Date mJl q b
..
CERTIFICATE OF SERVICE
AND NOW, this dJt l1.9.ay of 9~ .2005, I, Kara W. Haggerty, Esquir ,of
Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy 0 the
foregoing Custody Complaint, upon the Defendant by depositing, or causing to be depo ted,
same in the United States Mail, First-class mail, postage prepaid addressed to the followin :
Kirk McBeth
21A Chestnut Street
Mt. Holly, PA 17065
Respectfully submitted,
ABOM & KUTULAKlS, L.L.P.
~tD 1-1-
Kara W. Haggerty
ill No. 86914 ~
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiff
I
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
AUTUMN PETERSON
V.
05-2222
CIVIL ACTION LAW
KIRK. MCBETH
DEFENDANT
IN CUSTODY
ORDER OF COURT
i
1ND NOW,. Wednesday, May 04, 2005 ..._' upon consideration of the attached Complaint,
it is herety directcd that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4 h Floor, Cumberlaud Couuty Courthouse, Carlisle on Friday, May 20, 2005 at 8:30 AM
for a Pre Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this caJnot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. A I children age five or older may also be present at the conference. Failure to appear at the conference may
provide rounds for entry of a temporary or permanent order.
~he court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special felief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /5/
Hubert X Gilroy, Esq,
Custody Conciliator
~
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
Witl 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
mu. t be made at least 72 hours prior to any hearing or business be!'lfe the court. You must attend the scheduled
con erence or hearing.
,
I YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FO*TH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3 166
~ c~.# ~-~~.>::? 5J
- · ;~!?' 'Y /,":~.q;n.'f ?;n..ol./ ~
rq /- IT,' ,L::-v,-> >t? 5.S
fi~h5 fi:v .;:2 ~/ ~/ -P?l Iv >-y
\"
'..";;:1J
('("71'1,1 S-H"tIS@Z
.J v Oll, . ,."
~ECEIVED JUL 192005 '\
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
No. 05-2222
CIVIL TERM
KIRK MCBETH,
Defendant
CIVIL ACTION-LAW
IN CUSTODY
COURT ORDER
AND NOW, this 2.-.. - day of <j..J, ,2005, upon consideration of
the attached Custody Conciliation Report, it is ordered and direl:ted as follows:
1. The Mother, Autumn Peterson, and the Father, Kirk McBeth, shall enjoy shared legal
custody of Bryanna Lynn McBeth, born March 13, 2002.
2. The parties shall share physical custody ofthe minor child under the following schedule:
A. Father shall have custody of the minor child as follows:
1) Every week on Wednesday at 5:00 p.m. until Thursday at 8:00 p.m.
2) Every other weekend from Friday at 1:00 p.m. until Sunday at 4:00 P.M.
B. Mother shall have physical custody of the minor (:hild at all other times subject
to the Father's schedule set forth above and the holiday and other vacation
schedule as set forth below:
3. The parties shall alternate custody on major holidays to include July 4'\ Labor Day,
Thanksgiving, Christmas, New Year's, Easter and Memorial Day. Mother shall have
July 4th holiday in 2005 with the parties alternating theJreafter.
4. Mother shall always have custody on Mother's Day, and Father shall always have
custody on Father's Day, this provision to supercede any other scheduling provision
of this Order.
5. The non-custodial party shall pick up the minor child at the other parent's home or
at such other location as agreed upon by the parties.
6. Each parent is entitled to at least one week vacation with the minor child subject to
the parent giving 30-day notice to the other parent.
7. This Order is entered pursuant to an agreement reached by the parties at a Custody
Conciliation Conference. In the event the parties desire to modify this Order and
they both agree to the modification, they may implement such modification without
further Order of this Court. However, in the event the parties desire to modify this
Order and cannot reach an agreement, either party may petition the Court to have
the case again scheduled with a Custody Conciliator for a Conference.
BY THE COURT,
Cc:.)<ara W. Haggerty, Esquire
.Jfuthan C. Wolf, Esquire
\,1!\,W'n--' ',"
f_l,',"'"
':;:,;~nJ
('C'II'!F O"-IGref,q
v J' l' iJ v \! J JU(,
.""0'" ,-", -lll:1O
Ab'I'l h<: ~'o~ ,) \l"~{J vi '.
_ ) ,'-'I ..,.~/" ....l.
30IJ:iO-{]3ll:J
.....
-"
.__"n_
,."
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
No. 05-2222
CIVIL TERM
KIRK MCBETH,
Defendant
CIVIL ACTION-LAW
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent infonnation pertaining to the child who is the subject of this litigation
is as follows:
Bryanna Lynn McBeth, born March 13, 2002
2. A Conciliation Conference was held June 28, 2005, with the following individuals in
attendance:
The Mother, Autumn Peterson, with her counsel, Kara W. Haggerty, Esquire, and
the Father, Kirk McBeth, with his counsel, Nathan C. Wolf, Esquire.
3. The parties agreed to the entry of a Custody Order as attached.
Date:
r; - f s:- ()s--
~. JOY' Esquire
Custody 9){lciliator
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, P A
v.
NO. 05-2222
KIRK McBETH,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
PETITION TO MODIFY CUSTODY
AND NOW; the Plaintiff, Autumn Peterson, by and through her attorney, Kara W.
Haggerty, Esquire, of Abom & Kutulakis, LLP, avers the following:
1. The petition of Autumn Peterson, Mother, respectfully represents that on July 20, 2005,
an Order of Court was entered granting the parties shared legal custody, Mother primary
physical custody and Father partial physical custody. (Copy attached as Exhibit "A").
2. lbis Order should be modified because:
a) Father does not have stability in his residence as he has moved multiple times
since the entry of the prior Order of Court.
b) Police have been called to Father's home for reports of domestic violence on
numerous occasions, and also at times when the child is present.
c) On or about April 21, 2006, Father was arrested for an incident involving his
girlfriend and detained in the Cumberland County Prison, on a weekend that
Father was scheduled to have custody of the minor child.
d) Father is in an unstable relationship with his girlfriend that is having or will
have a negative impact on the child.
e) It is believed and therefore averred that Father is not able to provide a safe
and stable home environment for the child.
f) It is believed and therefore averred that Father routinely schedules his work
hours at times when he is scheduled to have custody of the child, causing the
child to be left with a babysitter rather than spending time with her Father.
g) It is believed and therefore averred that it is in the child's best interests for
Father to have custody at times when he is not working to maximize the
child's time with her Father.
h) It is believed and therefore averred that it is in the child's best interests to
visit with her Father during the day but not to remain with her Father for
overnight visitation.
i) It is believed and therefore averred that it is in the child's best interests for
Father to exercise custody only at his mother's home.
j) In the event Father would be granted overnight visitation, it is believed and
therefore averred that it is in the child's best interests for the overnight visits
to only occur at a family member's home.
WHEREFORE, the Petitioner requests that, in the best interest of the parties' minor child,
this Honorable Court modify the existing Order of Court and grant Mother primary physical
custody of the child with Father being granted periods of daytime visitation.
Respectfully submitted,
MOM & KUTULAKIS, L.L.P.
DA1E~
~~ ~rcr,
ID No. 86914
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiff
VERIFICATION
I, Autumn Peterson, verify that the statements made in this Petition to Modify Custody 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. ~ 4904 relating to unsworn
falsification to authorities.
Date
S//{/(Slp
I I
01 (tJ 1 YY1~ ~-;u
Autumn Peterson
iRECEIVED JUL 19 Z005
v
S J:..
IN THE COURT OF COMMON PLEAS OK,
CUMBERLAND COUNTY, PENNSYL VANIA.........
....
......,...,.....
AUTUMN PETERSON,
Plaintiff
,{
<l::'
No. 05-2222
CIVIL TERM
KIRK MCBETH,
Defendant
CIVIL ACTION-LAW
IN CUSTODY
COURT ORDER
AND NOW, this JC>>hday ol" , 2005, upon consideration of
the attached Custody Conciliation Report, it is ord cd and directed as follows:
1. The Mother, Autumn Peterson, and the F ther, Kirk McBeth, shall enjoy shared legal
custody of Bryanna Lynn McBeth, born March 13, 2002.
2. The parties shall share physical custody of the minor child under the following schedule:
A. Father shall have custody of the minor child as follows:
1) Every week on Wednesday at 5:00 p.m. until Thursday at 8:00 p.m.
2) Every other weekend from Friday at 1:00 p.m. until Sunday at4:oo P.M.
B. Mother shall have physical custody of the minor child at all other times subject
to the Father's schedule set forth above and the holidaJ' and other vacation
schedule as set forth below:
3. The parties shall alternate custody on major holidays to include July 4th, Labor Day,
Thanksgiving, Christmas, New Year's, Easter and Memorial Day. Mother shall have
July 4th holiday in 2005 with the parties alternating thereafter.
4. Mother shall always have custody on Mother's Day, and Father. shall always have
custody on Father's Day, this provision to supercede any other scheduling provision
of this Order.
5. The non-custodial party shall pick up the minor child at the other parent's home or
at such other location as agreed upon by the parties.
6. Each parent is entitled to at least one week vacation with the minor child subject to
the parent giving 36-day nOli.
7. This Order is entered pursuant to an agreement reached by the parties at a Custody
Conciliation Conference. In the event the parties desire to modify this Order and
they both agree to the modification, they may implement such modification without
further Order of this Court. However, in the event the parties desire to modify this
Order and cannot reach an agreement, either party may petition the Court to have
the case again scheduled with a Custody Conciliator for a Conference.
BY THE COURT,
Cc: Kara W. Haggerty, Esquire
Nathan C. Wolf, Esquire
TRUE COpy FROM RECORD
~n T imony wh,,\~eo , , hs-rc unto set my hand
and seal of SCJld?Jfcourf, ate;IiSle, Pa.
c20 ., ~
Th' ,..~ ............. r of... ,~'.., t
~1Z 2'1 t7 II '.
. ."rr..!. .~...... ..:... . ri/n.. . ./.
f Pr honotary
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
No. 05-2222
CIVIL TERM
KIRK MCBETH,
Defendant
CIVIL ACTION-LAW
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WIlli THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent infonnation pertaining to the child who is the subject of this litigation
is as follows:
Bryanna Lynn McBeth, born March 13, 2002
2. A Conciliation Conference was held June 28, 2005, with the following individuals in
attendance:
The Mother, Autumn Peterson, with her counsel, Kara W. Haggerty, Esquire, and
the Father, Kirk McBeth, with his counsel, Nathan C. Wolf, Esquire.
3. The parties agreed to the entry of a Custody Order as attached.
Date:
'7 - (~ OS-
CERTIFICATE OF SERVICE
AND NOW, this ~y of ~ 2006, I, Kar. W. Haggerty, Esquire, of
Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing
Petition to Modify Custody, upon the Defendant by depositing, or causing to be deposited, same in
the United States Mail, First-class mail, postage prepaid addressed to the following:
Nathan Wolf; Esquire
WoUandWoU
10 West High Street
Carlisle, PA 17013
Respectfully submitted,
MOM & KUTULAKIS, L.L.P.
Kara W. Haggerty
ID No. 86914
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiff
0 I'.,)
<::::> 0
C <:;:;;)
c::::l"'\ ."
, ~ ~ ::i1: :r
;:.;.
-< m:::n
r-
~ . -om
~ -.J ~..u y
Or:::>
'. ~ " ~[icr,
\ -,.,. ,;S:D
r::nV ......uIIt. '7(J
.4.-:- {3m
~ ~ L.~ " ~
-..;
~ -< :-:0
. CJ1 -<
"'\: ~
AUTUMN PETERSON
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
05-2222 CIVIL ACTION LAW
KIRK MCBETH
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, May 19,2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq.
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 29, 2006
, the conciliator,
at 9:30 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 hearin2.
FOR THE COURT.
By: Isl
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 A TTORNEY AT ONCE. IF YOU DO NOT
HA VE 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 170 I 3
Telephone (717) 249-3166
~. ~.
....., 0
Q g -n
c. _
-."" ~. -l
c:: . ::E: ::r.
L J:> m:!1
r: 0( r-
' 1" - -'CJf1l
N --, CJ
-'.. L
N C.)Cl
I ~ {~~
. ->>. .' rn
C) - 0
~:~; -::- ~
:3 - -<
... en
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUN1Y, P A
v.
NO. 05-2222
KIRK McBETH,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR CIVIL CONTEMPT FOR
DISOBEDIENCE OF CUSTODY ORDER AND REOUEST FOR SPECIAL
RELIEF, PURSUANT TO 42 Pa.C.S.A. ~1915.13
AND NOW, this 19th day of July, 2006, comes the Petitioner, Autumn
Peterson, by and through her counsel, Kara W. Haggerty, Esquire, of ABOM &
KUTULAKIS, L.L.P., and respectfully petitions This Honorable Court to hold
Respondent, Kirk McBeth, in contempt of its Order, and to grant Petitioner special
relief, and in support thereof avers the following:
COUNT 1: PETITION FOR CIVIL CONTEMPT
FOR DISOBEDIENCE OF CUSTODY ORDER
1. The petition of Autumn Peterson, Mother, respectfully represents that on July
20, 2005, an Order of Court was entered granting the parties shared legal
custody, Mother primary physical custody and Father partial physical custody.
(Copy attached as Exhibit ''N').
2. The parties attended a Custody Conciliation Conference on July 13, 2006, at
which time an agreement was reached to vacate the previous court order and
enter a new order, with the pertinent parts listed below:
a. Father shall exercise partial physical custody on alternating weekends
from Thursday at 6:00PM through Sunday at 7:30PM.
b. Father shall exercise partial physical custody on the days that Mother is
working, during the day from 12:00PM through 3:30PM.
c. The child will only be transported with a licensed driver.
d. The child shall attend daycare until at least noon Mondays through
Fridays, regardless of which parent is exercising custody
(A copy of the proposed Order of Court is attached as 'Exhibit B')
3. Respondent has willfully failed to abide by the Order referenced above in that:
a. On or about July 14, 2006, Respondent failed to take the child to daycare in
the morning as provided by the court order;
b. On or about July 19, 2006, Respondent picked the child up from daycare
and transported her in his car while he does not have a valid drivers license;
c. On or about July 19,2006, Respondent advised the daycare provider that he
would not be returning the child to daycare by 3:30PM;
d. Respondent has advised Petitioner that he will not be returning the child to
Petitioner until Thursday at 8:00PM, contrary to the agreement of the
parties at the conciliation conference.
4. Both Petitioner and Respondent were advised at the conclusion of the
conciliation conference that the agreement reached was in effect immediately,
and that an Order of Court would be forthcoming.
5. Respondent exercised custody of the minor child from Thursday, July 13,
2006, at 6:00PM through Sunday, July 16, 2006, at 7 :30PM pursuant to the
agreement reached at conciliation on July 13,2006.
6. It is believed and therefore averred that Respondent has willfully failed to abide
by the agreement reached at conciliation, which will be made an Order of
Court, directing the child to attend daycare until noon on Mondays through
Fridays.
7. It is believed and therefore averred that Respondent has willfully failed to abide
by the directive at conciliation, which will be made into an Order of Court,
that the child only be transported by a licensed driver.
8. It is believed and therefore averred that Respondent has willfully placed the
child in danger by transporting the child while he does not possess a valid
drivers license.
9. It is believed and therefore averred that Respondent has willfully failed to abide
by the agreement at conciliation that Respondent exercise custody during the
day when Petitioner is working by advising both Petitioner and the daycare
provider that the child will not be returned by 3:30PM.
10. It is believed and therefore averred that it is in the child's best interests for
Respondent to only be awarded custody on alternating weekends from Friday
through Sunday, due to his failure to abide by the agreement that provided him
additional time with the child.
11. It is believed and therefore averred that it is in the child's best interest for
Respondent to only be awarded custody on alternating weekends from Friday
through Sunday, so that Petitioner can be responsible for the transportation
between the parties.
12. Respondent's willful failure to abide by the directives of This Honorable
Court is the sole reason Petitioner had to file the within petition.
13. Petitioner is without the financial resources to continue to litigate willful
violations of the custody court orders.
14. It is believed and therefore averred that Respondent should be ordered to pay
Petitioner's legal fees and costs associated with the bringing of this petition.
COUNT 2: PETITION FOR SPECIAL RELIEF
15. Paragraphs one (1) through fourteen (14) are hereby incorporated by
reference as though set forth in full.
16. On or about June 19,2006, the parties and their respective counsel met to
discuss custody, and it was at this meeting when Petitioner discovered that
Respondent did not possess a valid drivers license.
17. Petitioner immediately advised Respondent that he was not permitted to
transport the child without a valid drivers license, and that he must ensure that
he only transports the child with a licensed driver.
18. It is believed, and therefore averred, that Respondent has willfully failed to
abide by the directive at conciliation, which will be made into an Order of
Court, that the child only be transported by a licensed driver.
19. It is believed and therefore averred that Respondent has willfully placed the
child in danger by transporting the child while he does not possess a valid
drivers license.
20. It is believed and therefore averred that it is in the child's best interests for
Petitioner to be awarded sole legal and physical custody of the minor child,
due to Respondent's failure to abide by the agreement that provided him
additional time with the child.
21. It is believed and therefore averred that it is in the child's best interest for
Petitioner to be awarded sole legal and physical custody of the minor child, so
that Petitioner can ensure the safety of the minor child.
WHEREFORE, Petitioner prays that this Honorable Court find as follows:
a. Respondent is held in contempt of its Order;
b. Petitioner's Petition for Special Relief is granted;
c. Petitioner is awarded sole legal and physical custody of the child;
d. Petitioner is solely responsible for transportation of the child;
e. Respondent is ordered to pay the costs and attorney's fees associated with
Petitioner bringing this Petition;
f. Petitioner requests such other relief as the Court deems appropriate.
Respectfully submitted,
ABOM & KUTULAKlS, L.L.P.
Date 01 [I q I DU
0uuttD Ha
Kara W. Haggerty
ID No. 86914
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiff
VERIFICATION
Kara W Haggerty, Esquire, states that she is the attorney for the party filing the
foregoing document; that she makes this affidavit as an attorney for the Petitioner,
because the party she represents for whom she makes this affidavit is outside the
jurisdiction of the court, and verification of the Petitioner can not be obtained within
the time allowed for the filing of the document; and that she has sufficient knowledge
or information and belief, based upon her investigation of the matters averred in the
foregoing document; and that this statement is made subject to the penalties of 18
Pa.C.S.A. ~4904, relating to unsworn falsification of authorities.
Respectfully submitted,
MOM & KUTULAKIS, L.L.P
DA1E~
~w
Kara W. Haggerty, Es
36 South Hanover Str t
Carlisle, Pennsylvania 17013
(717) 249-0900
Attorney for Petitioner
ID #86914
~ECEIVED JUL 192005
<:..'>
v
SJ;
IN THE COURT OF COMMON PLEAS'OF,
CUMBERLAND COUNTY, PENNSYLVANIA".."
....
...
'''"",,,,
./
'/I../-
.,_...~
AUTUMN PETERSON,
Plaintiff
No. 05-2222
CIVIL TERM
KIRK MCBETH,
Defendant
CIVIL ACTION-LAW
IN CUSTODY
COURT ORDER
AND NOW, this JOOday ol~ ,2005, upon consideration of
the attached Custody Conciliation Report, it is ord ed and directed as follows:
1. The Mother, Autumn Peterson, and the F ther, Kirk McBeth, shall enjoy shared legal
custody of Bryanna Lynn McBeth, born March 13, 2002.
2. The parties shall share physical custody of the minor child under the following schedule:
A. Father shall have custody of the minor child as follows:
1) Every week on Wednesday at 5:00 p.m. until Thursday at 8:00 p.m.
2) Every other weekend from Friday at 1:00 p.m. until Sunday at4:00 P.M.
B. Mother shall have physical custody of the minor child at all other times subject
to the Father's schedule set forth above and the holidaJ' and other vacation
schedule as set forth below:
3. The parties shall alternate custody on major holidays to include July 41\ Labor Day,
Thanksgiving, Christmas, New Year's, Easter and Memorial Day. Mother shall have
July 41h holiday in 2005 with the parties alternating thereafter.
4. Mother shall always have custody on Mother's Day, and Father shall always have
custody on Father's Day, this provision to supercede any other scheduling provision
of this Order.
5. The non-custodial party shall pick up the minor child at the other parent's home or
at such other location as agreed upon by the parties.
6. Each parent is entitled to at least one week vacation with the minor child subject to
parent giving 30-day notice to the other parent.
7. This Order is entered pursuant to an agreement reached by the parties at a Custody
Conciliation Conference. In the event the parties desire to modify this Order and
they both agree to the modification, they may implement such modification without
further Order of this Court. However, in the event the parties desire to modify this
Order and cannot reach an agreement, either party may petition the Court to have
the case again scheduled with a Custody Conciliator for a Conference.
BY THE COURT,
aJ
Cc: Kara W. Haggerty, Esquire
Nathan C. Wolf, Esquire
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
No. 05-2222
CIVIL TERM
KIRK MCBETH,
Defendant
CIVIL ACTION-LAW
IN CUSTODY
CONCILIA nON CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Bryanna Lynn McBeth, born March 13, 2002
2. A Conciliation Conference was held June 28, 2005, with the following individuals in
attendance:
The Mother, Autumn Peterson, with her counsel, Kara W. Haggerty, Esquire, and
the Father, Kirk McBeth, with his counsel, Nathan C. Wolf, Esquire.
3. The parties agreed to the entry of a Custody Order as attached.
Date: '7 - I s: (jJ~
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUN1Y, P A
v.
NO. 05-2222
KIRK McBETH,
Defendant
CIVIL ACTION - LAW
: IN CUSTODY
COURT ORDER
AND NOW, this
day of
, 2006, upon
consideration of the attached Custody Conciliation report, it is ordered and directed as
follows:
1. This Court's prior Order, dated July 20, 2005, is vacated.
2. The Mother, Autumn Peterson, and the Father, Kirk McBeth, shall enjoy
shared legal custody of the Child, Bryanna Lynn McBeth, born March 13,
2002.
3. Mother shall have primary physical custody of the Child.
4. Father shall exercise partial physical custody of the Child as follows:
a. On alternating weekends from Thursday at 6:00PM through Sunday at
7:30PM.
b. On the days that Mother is working, during the day from 12:00PM
through 3:30PM.
c. At all other times as the parties may agree.
5. The parties agree to alternate the following holidays: New Year's Day,
Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and
Christmas. Mother shall exercise custody for the Fourth of July in 2006,
and the holidays shall alternate thereafter.
6. Mother shall be responsible for all transportation until such a time that
Father has a valid driver's license. The only exception shall be on Fridays
when Father has custody and the daytime visits while Mother is working, at
which time he shall make alternative arrangements to transport the child to
and from school. The child will only be transported with a licensed driver,
in a car seat, and in the backseat of the car.
7. The parties agree that the child shall attend her daycare until at least noon
Mondays through Fridays, regardless of which parent is exercising custody.
8. If either party has the opportunity for overtime of more than a four (4)
hour block of time at work and chooses to exercise that opportunity while
having custody of the child, that party must first contact the other party and
provide that party with custodial time with the child. If the non-custodial
parent chooses not to exercise custody, the custodial parent must make
alternate childcare arrangements. Notification regarding overtime must be
given to the non-custodial parent at the earliest possible opportunity.
9. Neither party shall abuse alcohol or use any illegal drugs while exercising
custody of the Child.
10. The parties agree to notify the other of any change in living arrangements,
to include a change of address or a change of persons living at the
residence, immediately upon a change becoming known.
11. N either parent shall do anything which may estrange the Child from the
other party, injure the opinion of the Child as to the other party, or which
may hamper the free and natural development of the Child's love and
affection for the other party. Furthermore, neither party shall include the
Child in any decision-making regarding custody of the Child.
12. The provisions of this Order shall remain in effect so long as Mother and
Father reside in close proximity to one another.
BY THE COURT:
Kevin A. Hess, J.
Distribution:
Kara W. Haggerty, Esquire
Nathan C. Wolf, Esquire
CERTIFICATE OF SERVICE
AND NO~ this 19th day of July, 2006, I, Kara W. Haggerty, Esquire, hereby
certify that I did serve a true and correct copy of the foregoing PETITION FOR
CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND
REQUEST FOR SPECIAL RELIEF, PURSUANT TO 42 Pa.C.S.A. ~1915.13
upon the Respondent by hand delivery, addressed as follows:
By Hand Delivery:
Nathan C. Wolf, Esquire
Wolf & Wolf
10 West High Street
Carlisle, PA 17013
Kara W Haggerty
Attorney for Petitione
~~
~~J
~~~
d'
r"":")
r";"'-
--
Ie" ".
( "\
\ .
-<"
,
AUTUMN PETERSON
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v.
05-2222 CIVIL ACTION LAW
KIRK MCBETH
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Thursday, July 27, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq.
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, AUl!ust 31, 2006
, the conciliator,
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 he 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 he 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 hearlnf!.
FOR THE COURT.
By: Isl
Hubert X Gilro 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
HA VE 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
'~ ~-~~~~
~ -r :E ~t7.~", ~
~~ ~ -?- "t/ .~~ ~ -pP
, ',~.
~L,j DZ' P,i
,-, ,'..1 ~
AU'
'?c;7. ,i-e-L
"7c? 3e-(
1(/' ~e-L.
.
~
(
JUL 2 5 200~
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
NO. 05-2222
KIRK McBETH,
Defendant
CIVIL ACTION - LAW
: IN CUSTODY
COURT ORDER
31'
AND NOW, this day of
1~
, 2006, upon
consideration of the attached Custody Conciliation report, it is ordered and directed as
follows:
1. This Court's prior Order, dated July 20, 2005, is vacated.
2. The Mother, Autumn Peterson, and the Father, Kirk McBeth, shall enjoy
shared legal custody of the Child, Bryanna Lynn McBeth, born March 13,
2002.
3. Mother shall have primary physical custody of the Child.
4. Father shall exercise partial physical custody of the Child as follows:
a. On alternating weekends from Thursday at 6:00PM through Sunday at
7:30PM.
b. On the days that Mother is working, during the day from 12:00PM
through 3:30PM.
c. At all other times as the parties may agree.
/\'
:21\,\
I
";
\',J
1,-, "
t.
:-' ~),,;'JZ
': U..
I
5. The parties agree to alternate the following holidays: New Year's Day,
Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and
Christmas. Mother shall exercise custody for the Fourth of July in 2006,
and the holidays shall alternate thereafter.
6. Mother shall be responsible for all transportation until such a time that
Father has a valid driver's license. The only exception shall be on Fridays
when Father has custody and the daytime visits while Mother is working, at
which time he shall make alternative arrangements to transport the child to
and from school. The child will only be transported with a licensed driver,
in a car seat, and in the backseat of the car.
7. The parties agree that the child shall attend her daycare until at least noon
Mondays through Fridays, regardless of which parent is exercising custody.
8. If either party has the opportunity for overtime of more than a four (4)
hour block of time at work and chooses to exercise that opportunity while
having custody of the child, that party must first contact the other party and
provide that party with custodial time with the child. If the non-custodial
parent chooses not to exercise custody, the custodial parent must make
alternate childcare arrangements. Notification regarding overtime must be
given to the non-custodial parent at the earliest possible opportunity.
9. Neither party shall abuse alcohol or use any illegal drugs while exercising
custody of the Child.
10. The parties agree to notify the other of any change in living arrangements,
to include a change of address or a change of persons living at the
residence, immediately upon a change becoming known.
11. Neither parent shall do anything which may estrange the Child from the
other party, injure the opinion of the Child as to the other party, or which
may hamper the free and natural development of the Child's love and
affection for the other party. Furthermore, neither party shall include the
Child in any decision-making regarding custody of the Child.
12. The provisions of this Order shall remain in effect so long as Mother and
Father reside in close proximity to one another.
BY THE COURT:
;lJ
Distribution:
yl<fathan C. Wolf, Esquire {
"l..\' 0 \D
D~' .:;
vt'ara W. Haggerty, Esquire
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 05-2222
CML ACTION - LAW
KIRK McBETH,
Defendant
IN CUSTODY
Prior Judge: The Honorable Kevin A. Hess
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation is
as follows:
Bryanna Lynn McBeth, born March 13, 2002
2. A Conciliation Conference was held on July 13, 2006 with the following individuals in
attendance:
The Mother, Autumn Peterson, with her counsel, Kara W. Haggerty
The Father, Kirk McBeth, with his counsel, Nathan C. Wolf, Esquire
3. The parties agreed to the entry of an Order in the form as attached.
Date: July,,?\.(, . 2006
Gilroy, Esquire
Conciliator
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
NO. 05-2222
KIRK McBETH,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
PETITIQN FOR CML CONTEMPT FOR
DISOBEDIENCE OF CUSTODY ORDER AND REQUEST FOR SPECIAL
RELIEF, PURSUANT TO 42 Pa.C.S.A. ~1915.1J
AND NOW, this 2nd day of August, 2006, comes the Petitioner, Autumn
Peterson, by and through her counsel, Kara W. Haggerty, Esquire, of ABOM &
KUTULAKIS, L.L.~, and respectfully petitions This Honorable Court to hold Respondent,
Kirk McBeth, in contempt of its Order, and to grant Petitioner special relief, and in
support thereof avers the following:
COUNT 1: PETITION FOR CIVIL CONTEMPT
FOR DISOBEDIENCE OF CUSTODY ORDER
1. The petition of Autumn Peterson, Mother, respectfully represents that on July 20,
2005, an Order of Court was entered granting the parties shared legal custody,
Mother primary physical custody and Father partial physical custody.
a. Copy attached as Exhibit ''N'.
2. The parties attended a Custody Conciliation Conference on July 13,2006, at
which time an agreement was reached to vacate the previous Court Order and
enter a new Order.
a. A copy of the proposed Order of Court is attached as "Exhibit B".
3. The July 13,2006, Conciliation was scheduled pursuant to a Petition to modify
Custody based on the fact that there has been a significant amount of violence in
the Father's home resulting in police involvement.
4. Respondent has willfully failed to abide by the Order referenced above.
5. Both Petitioner and Respondent were advised at the conclusion of the
conciliation conference on July 13, 2006, that the agreement reached was in effect
immediately.
6. An Order of Court in the form as proposed is expected to be issued by Judge
Hess.
7. The Respondent has willfully failed to abide by the agreement reached at
conciliation, which was made an Order of Court.
S. Therefore, a Petition for Civil Contempt for Disobedience of Custody Order and
Request for Special Relief was filed on July 19, 2006.
a. A copy of the Petition is attached as "Exhibit C".
9. A Custody Conciliation Conference is currendy being scheduled.
10. Respondent has willfully failed to abide by the prior Orders and Directives
referenced above in that:
a. It is believed and therefore averred that the Respondent was involved in an
altercation with his current girlfriend, Maria Verdekal, on July 23, 2006.
1. The Respondent was charged with Simple Assault, 18 Pa.C.S.A.
~2701 (a)(l) - (M-2) and Harassment, 18 Pa.C.S.A. ~2709 (a)(l) - (S),
for grabbing her by the throat and almost leaving her unconscious,
as well as for punching her in the leg.
1. A copy of the Police Criminal Complaint is attached as
"Exhibit D".
11. A preliminary hearing is scheduled for August 9, 2006 in this matter.
111. The Respondent is currendy on supervision with Cumberland
County Probation and a petition to revoke his probation is currendy
pending.
b. It is believed and therefore averred that the safety of the child is not
ensured while in the custody of the Father due to the domestic violence
and anger issues.
c. It is believed and therefore averred that the Father makes poor choices
while exercising custody of the child and in the presence of the child.
11. Respondent's willful failure to abide by,the directives of This Honorable Court is
the sole reason Petitioner had to file the within petition.
12. Petitioner is without the financial resources to continue to litigate willful violations
of the custody court orders.
13. It is believed and therefore averred that Respondent should be ordered to pay
Petitioner's legal fees and costs associated with the bringing of this petition.
COUNT 2: PETITION FOR SPECIAL RELIEF
14. Paragraphs one (1) through thirteen (13) are hereby incorporated by reference as
though set forth in full.
15. It is believed, and therefore averred, that Respondent has willfully failed to abide
by the directive at conciliation that the Father shall not allow or condone any level
of violence in the household or in/or around the child.
16. It is believed and therefore averred that Respondent fails to secure the safety of
the child when in his care, as evidenced by the altercation with his current
girlfriend, Maria Verdekal, on July 23, 2006, and was subsequently charged with
Simple Assault and Harassment.
17. It is believed and therefore averred that it is in the child's best interests for
Petitioner to be awarded sole legal and physical custody of the minor child, due to
Respondent's failure to refrain from violence in the home.
18. It is believed and therefore averred that it is in the child's best interest for
Petitioner to be awarded sole legal and physical custody of the minor child, so
that Petitioner can ensure the safety of the minor child.
WHEREFORE, Petitioner prays that this Honorable Court find as follows:
a. Respondent is held in contempt of its Order;
b. Petitioner's Petition for Special Relief is granted;
c. Petitioner is awarded sole legal and physical custody of the child;
d. Respondent is ordered to pay the costs and attorney's fees associated with
Petitioner bringing this Petition; and
e. Petitioner requests such other relief as the Court deems appropriate.
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
Date
DB/12L1 tit
Kara W. Haggerty
ID No. 86914
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
AttornV' for Plaintiff
VERIFICATION
Kara W Haggerty, Esquire, states that she is the attorney for the party filing the
foregoing document; that she makes this affidavit as an attorney for the Petitioner, because
the party she represents for whom she makes this affidavit is outside the jurisdiction of the
court, and verification of the Petitioner can not be obtained within the time allowed for the
filing of the document; and that she has sufficient knowledge or information and belief,
based upon her investigation of the matters averred in the foregoing document; and that
this statement is made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn
falsification of authorities.
Respectfully submitted,
MOM & KUTULAKIS, L.L.P
Kara W. Haggerty,
36 South Hanover t
Carlisle, Pennsylvania 17013
(717) 249-0900
Attorney for Petitioner
ID #86914
DATE
CERTIFICATE OF SERVICE
AND NO~ this 2nd day of August, 2006, I, Kara W. Haggerty, Esquire, hereby
certify that I did serve a true and correct copy of the foregoing PETITION FOR
CIVIL CONTEMPT FOR DISOBEDmNCE OF CUSTODY ORDER AND
REQUEST FOR SPECIAL RELIEF, PURSUANT TO 42 Pa.C.S.A. ~1915.13
upon the Respondent by hand delivery, addressed as follows:
By Hand Delivery:
Nathan C. Wolf, Esquire
Wolf & Wolf
lOWest High Street
Carlisle, PA 17013
Kara W Haggerty i
Attorney for Petiti
~ECEIVEP JUL 192005
f
/,',./
11/
((:1,7f"':::,..
....:.~"..i. ,.r;'\/~.......
". ~.'..Jf 'g'
~, I::',
:'/ (',
, r,('
AUTUMN PETERSON,
Plaintiff
Sf:.
IN THE COURT OF COMMON PLEAS'bi4,
CUMBERLAND COUNTY, PENNSYLVANIA"",
'....
"""'..
J
v
No. 05-2222
CIVIL TERM
KIRK MCBETH,
Defendant
CIVIL ACTION-LAW
IN CUSTODY
COURT ORDER
AND NOW, this 2()\hday of ,2005, upon consideration of
the attached Custody Conciliation Report, it is ord ed and directed as follows:
1. The Mother, Autumn Peterson, and the F ther, Kirk McBeth, shall enjoy shared legal
custody of Bryanna Lynn McBeth, born March 13, 2002.
2. The parties shall share physical custody of the minor child under the following schedule:
A. Father shall have custody of the minor child as follows:
1) Every week on Wednesday at 5:00 p.m. until Thursday at 8:00 p.m.
2) Every other weekend from Friday at 1:00 p.m. until Sunday af4:oo P.M.
B. Mother shall have physical custody of the minor child at all other times subject
to the Father's schedule set forth above and the holiday and other vacation
schedule as set forth below:
3. The parties shall alternate custody on major holidays to include July 4th, Labor Day,
Thanksgiving, Christmas, New Year's, Easter and Memorial Day. Mother shall have
July 4th holiday in 2005 with the parties alternating thereafter.
/
4. Mother shall always have custody on Mother's Day, and Father shall always have
custody on Father's Day, this provision to supercede any other scheduling provision
of this Order.
5. The non-custodial party shall pick up the minor child at the other parent's home or
at such other location as agreed upon by the parties.
6. Each parent is entitled to at least one week vacation with the minor c
the parent giving 30-day notice to the other parent.
7. This Order is entered pursuant to an agreement reached by the parties at a Custody
Conciliation Conference. In the event the parties desire to modify this Order and
they both agree to the modification, they may implement such modification without
further Order of this Court. However, in the event the parties desire to modify this
Order and cannot reach an agreement, either party may petition the Court to have
the case again scheduled with a Custody Conciliator for a Conference.
BY THE COURT,
Cc: Kara W. Haggerty, Esquire
Nathan C. Wolf, Esquire
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
No. 05-2222
CIVIL TERM
KIRK MCBETH,
Defendant
CIVIL ACTION-LAW
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF.
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent infonnation pertaining to the child who is the subject of this litigation
is as follows:
Bryanna Lynn McBeth, born March 13, 2002
2. A Conciliation Conference was held June 28, 2005, with the following individuals in
attendance:
The Mother, Autumn Peterson, with her counsel, Kara W. Haggerty, Esquire, and
the Father, Kirk McBeth, with his counsel, Nathan C. Wolf, Esquire.
3. The parties agreed to the entry of a Custody Order as attached.
Date:
r; - I s:- ()S~
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, P A
v.
NO. 05-2222
KIRK McBETH,
Defendant
CIVIL ACTION - LAW
: IN CUSTODY
COURT ORDER
AND NOW, this
day of
, 2006, upon
consideration of the attached Custody Conciliation report, it is ordered and directed as
follows:
1. This Court's prior Order, dated July 20,2005, is vacated.
2. The Mother, Autumn Peterson, and the Father, Kirk McBeth, shall enjoy
shared legal custody of the Child, Bryanna Lynn McBeth, bom March 13,
2002.
3. Mother shall have primary physical custody of the Child.
4. Father shall exercise partial physical custody of the Child as follows:
a. On alternating weekends from Thursday at 6:00PM through Sunday at
7:30PM.
b. On the days that Mother is working, during the day from 12:00PM
through 3:30PM.
c. At all other times as the parties may agree.
-----
~
5. The parties agree to alternate the following holidays: New Year's Day,
Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and
Christmas. Mother shall exercise custody for the Fourth of July in 2006,
and the holidays shall alternate thereafter.
6. Mother shall be responsible for all transportation until such a time that
Father has a valid driver's license. The only exception shall be on Fridays
when Father has custody and the daytime visits while Mother is working, at
which time he shall make alternative arrangements to transport the child to
and from school. The child will only be transported with a licensed driver,
in a car seat, and in the backseat of the car.
7. The parties agree that the child shall attend her daycare until at least noon
Mondays through Fridays, regardless of which parent is exercising custody.
8. If either party has the opportunity for overtime of more than a four (4)
hour block of time at work and chooses to exercise that opportunity while
having custody of the child, that party must first contact the other party and
provide that party with custodial time with the child. If the non-custodial
parent chooses not to exercise custody, the custodial parent must make
alternate childcare arrangements. Notification regarding overtime must be
given to the non-custodial parent at the earliest possible opportunity.
9. N either party shall abuse alcohol or use any illegal drugs while exercising
custody of the Child.
10. The parties agree to notify the other of any change in living arrangements,
to include a change of address or a change of persons living at the
residence, immediately upon a change becoming known.
11. N either parent shall do anything which may estrange the Child from the
other party, injure the opinion of the Child as to the other party, or which
may hamper the free and natural development of the Child's love and
affection for the other party. Furthermore, neither party shall include the
Child in any decision-making regarding custody of the Child.
12. The provisions of this Order shall remain in effect so long as Mother and
Father reside in close proximity to.one another.
BY THE COURT:
Kevin A. Hess,].
Distribution:
Kara W. Haggerty, Esquire
Nathan C. Wolf, Esquire
I ,
AUTUMN PETERSON,
Plaintiff
t.~,."
IN THE COURT OF COMMON PLEAS ,-,-,
CUMBERLAND COUNTY, P A
,.-)
~h
I'. .
-t
:~~; :!J
[I r- -
<. ..
, --
v.
NO. 05-2222
U)
KIRK McBETH,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
c.::
<. )
t..
',.
"i"-.
:D
-<
PETITION FOR CIVIL CONTEMPT FOR
DISOBEDIENCE OF CUSTODY ORDER AND REQUEST FOR SPECIAL
RELIEF, PURSUANT TO 42 Pa.C.S.A. ~1915.13
AND NOW, this 19th day of July, 2006, comes the Petitioner, Autumn
Peterson, by and through her counsel, Kara W. Haggerty, Esquire, of ABOM &
KUTULAKIS, L.L.~, and respectfully petitions This Honorable Court to hold
Respondent, Kirk McBeth, in contempt of its Order, and to grant Petitioner special
relief, and in support thereof avers the following:
COUNT 1: PETITION FOR CML CONTEMPT
FOR DISOBEDIENCE OF CUSTODY ORDER
1. The petition of Autumn Peterson, Mother, respectfully represents that on July
20, 2005, an Order of Court was entered granting the parties shared legal
custody, Mother primary physical custody and Father partial physical custody.
(Copy attached as Exhibit "N').
2. The parties attended a Custody Conciliation Conference on July 13, 2006, at
which time an agreement was reached to vacate the previous court order and
enter a new order, with the pertinent parts listed below:
a. Father shall exercise partial physical custody on alternating weekends
from Thursday at 6:00PM through Sunday at 7:30PM.
b. Father shall exercise partial physical custody on the days that I\10ther is
working, during the day from 12:00PM through 3:30PM.
c. The child will only be transported with a licensed driver.
d. The child shall attend daycare until at least noon Mondays through
Fridays, regardless of which parent is exercising custody
(A copy of the proposed Order of Court is attached as 'Exhibit B')
3. Respondent has willfully failed to abide by the Order referenced above in that:
a. On or about July 14,2006, Respondent failed to take the child to daycare in
the morning as provided by the court order;
b. On or about July 19,2006, Respondent picked the child up from daycare
and transported her in his car while he does not have a valid drivers license;
c. On or about July 19, 2006, Respondent advised the daycare provider that he
would not be returning the child to daycare by 3:30PM;
d. Respondent has advised Petitioner that he will not be returning the child to
Petitioner until Thursday at 8:00PM, contrary to the agreement of the
parties at the conciliation conference.
4. Both Petitioner and Respondent were advised at the conclusion of the
conciliation conference that the agreement reached was in effect immediately,
and that an Order of Court would be forthcoming.
5. Respondent exercised custody of the minor child from Thursday, July 13,
2006, at 6:00PM through Sunday, July 16, 2006, at 7 :30PM pursuant to the
agreement reached at conciliation on July 13,2006.
6. It is believed and therefore averred that Respondent has willfully failed to abide
by the agreement reached at conciliation, which will be made an Order of
Court, directing the child to attend daycare until noon on Mondays through
Fridays.
7. It is believed and therefore averred that Respondent has willfully failed to abide
by the directive at conciliation, which will be made into an Order of Court,
that the child only be transported by a licensed driver.
8. It is believed and therefore averred that Respondent has willfully placed the
child in danger by transporting the child while he does not possess a valid
drivers license.
9. It is believed and therefore averred that Respondent has willfully failed to abide
by the agreement at conciliation that Respondent exercise custody during the
day when Petitioner is working by advising both Petitioner and the daycare
provider that the child will not be returned by 3:30PM.
10. It is believed and therefore averred that it is in the child's best interests for
Respondent to only be awarded custody on alternating weekends from Friday
through Sunday, due to his failure to abide by the agreement that provided him
additional time with the child.
11. It is believed and therefore averred that it is in the child's best interest for
Respondent to only be awarded custody on alternating weekends from Friday
through Sunday, so that Petitioner can be responsible for the transportation
between the parties.
12. Respondent's willful failure to abide by the directives of This Honorable
Court is the sole reason Petitioner had to file the within petition.
13. Petitioner is without the financial resources to continue to litigate willful
violations of the custody court orders.
14. It is believed and therefore averred that Respondent should be ordered to pay
Petitioner's legal fees and costs associated with the bringing of this petition.
COUNT 2: PETITION FOR SPECIAL RELIEF
15. Paragraphs one (1) through fourteen (14) are hereby incorporated by
reference as though set forth in full.
16. On or about June 19,2006, the parties and their respective counsel met to
discuss custody, and it was at this meeting when Petitioner discovered that
Respondent did not possess a valid drivers license.
17. Petitioner immediately advised Respondent that he was not permitted to
transport the child without a valid drivers license, and that he must ensure that
he only transports the child with a licensed driver.
18. It is believed, and therefore averred, that Respondent has willfully failed to
abide by the directive at conciliation, which will be made into an Order of
Court, that the child only be transported by a licensed driver.
19. It is believed and therefore averred that Respondent has willfully placed the
child in danger by transporting the child while he does not possess a valid
drivers license.
20. It is believed and therefore averred that it is in the child's best interests for
Petitioner to be awarded sole legal and physical custody of the minor child,
due to Respondent's failure to abide by the agreement that provided him
additional time with the child.
21. It is believed and therefore averred that it is in the child's best interest for
Petitioner to be awarded sole legal and physical custody of the minor child, so
that Petitioner can ensure the safety of the minor child.
WHEREFORE, Petitioner prays that this Honorable Court find as follows:
a. Respondent is held in contempt of its Order;
b. Petitioner's Petition for Special Relief is granted;
c. Petitioner is awarded sole legal and physical custody of the child;
d. Petitioner is solely responsible for transportation of the child;
e. Respondent is ordered to pay the costs and attorney's fees associated with
Petitioner bringing this Petition;
f. Petitioner requests such other relief as the Court deems appropriate.
Respectfully submitted,
ADOM & KUTULAKIS, L.L.P.
Date 0 1 { I q I {2U
Kara W. Haggerty
ID No. 86914
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attontry for Plaintiff
VERIFICATION
Kara W Haggerty, Esquire, states that she is the attorney for the party filing the
foregoing document; that she makes this affidavit as an attorney for the Petitioner,
because the party she represents for whom she makes this affidavit is outside the
jurisdiction of the court, and verification of the Petitioner can not be obtained within
the time allowed for the filing of the document; and that she has sufficient knowledge
or information and belief, based upon her investigation of the matters averred in the
foregoing document; and that this statement is made subject to the penalties of 18
Pa.C.S.A. ~4904, relating to unsworn falsification of authorities.
Respectfully submitted,
ADOM & KUTULAKIS, L.L.P
DAlE
/hMW
Kara W. Haggerty, Es .
36 South Hanover Str t
Carlisle, Pennsylvania 17013
(717) 249-0900
Attorney for Petitioner
ID #86914
Jul 27 06 03:43p
District Court 09-3-03
717-486-0224
p. 1
COMMONWEALTH OF PENNSYLVANIA
COUNiY OF: CUMBERLAND
.
POLICE
CRIMINAL COMPLAINT
Magisterial District Number 09-3-03
MDJ Name: Hon. SUSAN DAY
Address: 229 MILL STREET
BOX 167
MT. HOLLY SPGS PA 17065
Telephone: ( ) 717-486-7672
COMMONWEALTH OF PENNSYLVANIA
VS.
DEFENDANT:
NAME and ADDRESS
KIRK MATTHEW MCBETH
9 PARADISE DR
CARLISLE PA 17013
Docket No.: .5~/~~
Date Filed: 07/23/2006
OTN:
L3tJ3~-2-
Defendant's RacelE thniclty Defendanrs Sex Defendanrs D.o. B Defendanfs Social Security Number Defendant's SID (Slale IdentifICation Number)
1!9 White o Black o Female
o Asian 8 Native American I!!JMale 12/04/1981 182-68-8832 274-24-29 -9
o Hispallir. Unknown
Derelldan~s AKA. (also "nown asl Oefendanrs Vehide Inmation Oekndan~s Driver's License Number I
Plale Number Slate Registration Sticker (MMfYY) State
I I PA 125856704
Complaint/lncidellt Number UveSca,n Tracking Number Con"lainlllncidenl Number if odlElr Par1icipants UCRh-lIBRS Code
20060723M5146 OaOO/13B
Office ofthe Attorney for the Convnonwealth DApproved DOisapproved because:
(The 81Iomey for the Common\\eallh may require !hat the complaint. EmS'I WlmIll aftidevi1, or botl be appfCl\led by the a\tlmsy lor ll1e Commol1\'llllll1h prior tl fiing. Pa.R.Clim. P. 507.)
(Name of Attorney for CGmmonwealth.Please Prnt or Type)
(Signature of Attorney for Conmon~abh)
(Date)
I, DET SGT WILLIAM GOODHART
(Name of Affiant-Please Print or Type)
of MIDDLESEX TOWNSHIP POLICE DEPARTMEN
02
(Officer Badge Numbern. D.)
PA0211300
20060723M5146
(I<lenlify Department or Agency Represented and Polbical Subdivision) (Police Agency or ORI Numbel) (Originating Agency Case Number (CleA))
do hereby state: (check appropriate box)
1. ~ I accuse the above named defendant who lives at the address set forth above
o I accuse the defendant whose name is unknown to me but who is described as
o I accuse the the defendant whose name and popular designation or nickname is unknown to me and whom I
have therefore designated as John Doe
with violating the penal laws of the Commonwealth of Pennsylvania at
(Place-Political Subdivision)
9 PARADISE DR CARLISLE
in CUMBERL1\ND
County on or about 23 JULY 2006 AT APPROX. 08: 10 HR.
Participants were: (if there were participants, place their names here, repeating the name of the above defendant)
MCBETH, KTRK M1l.TTHEW
P,OPC 412A.05
Jul 27 06 03:43p
District Court 09-3-03
717-486-0224
p.2
D~ndant:s Name: KIRK MATTHEW MCBETH
Docket Number:
.
POLICE
CRIMINAL COMPLAINT
2. The acts committed bv the accused were:
(Set forth a summary of the facts suf/icjent to advise the defendant of the nature of the offense charged. A citation to the stalute a1lElgecly violated. without more
IS nol sufficierlt In a summary case, you must cile the specific section and slbseclion of the slalula or ordinance allegecty violated.) ,
PA CC SECTION 2701 (a) (1) SIMPLE ASSAULT (DOMESTIC VIOLENCE RELATED) H-2
SIMPLE ASSAULT The Actor, KIRK MATTHEW M'CBETH, on or about, July 23, 2006, i.n the
County of cumberland, attempted to cause o;r: intentionally, knowingly or recklessly
c..used bodily injury to, the v:lctiln, Maria Verd.sk.a1, th..t is to say the actor,
grabbed the victim by the throat leaving scratch marks on the left side of her neck
and causing her to think that he was going to render her unconscious and did punch
the victim on the back of the leg as she attempted. to run from bim, in violation of
Section 2701(a) (1) of the pennsylvania crimes Code, Act of December 6, 1972, as
amended, Pa. C.S. 2701(a) (1)
PA CC SECTION 2709 (a) (1) HARASSMENT SUH.
HARASSMENT The Actor, KIRK HATTHEW MCBETH, on or about, JUly 23, 2006, in the County
of Cumberland, did with intent to harass, annoy OJ: alou:m 1::0, the v:lctim, Haria
Verdekal, that is to say the actor, grabbed the victim. by the neck and did punch her
in the leg, in violation of Section 2709 (a) (1) of the Pennsylvania Crimes Code.
all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of
Assembly, or in violation of
1. 2701 A1 ofthe 18 1
(Section) (Subsection) (PA Statute) (counts)
2. 2709 Al of the 18 1
(Section) (Subsection) (PA statute) (counts)
3. of the 0
(Section) (Subsection) (PA Statute) (counts)
4. of the
(Section) (Subsection) (PA Statute) (counts)
3. I ask that a warrant or a summons be issued and that the defendant be required to answer the charges I
have made (In order for a warrant of arrest to issue. the attached affidavit of prObable cause must be
completed and sworn to before the issuing authority.)
I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and
belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA C.C. 4904)
relating to unsworn falsification to authorities.
S~lt-, ~3 ~~
AND NOW. on this date 12- t./ () Y, I ce'fy at the complaint has b
affidavit of probable cause nst be completed in 0 e for a wa rant to issue.
013(3
(Magisterial District)
4.
AOPe 4126.05
07!23/200610:11:44AM
SEAL
Jul 27 06 03:44p
District Court 09-3-03
717-486-0224
p.3
Docket Number:
'*'
POLICE
CRIMINAL COMPLAINT
De-iendantlors Name: KIRK MATTHEW MCBETH
AFFIDAVIT OF PROBABLE CAUSE
The victim reported that she and KIRK M. MCBETH, her boyfriend, qot into an
argument over groceries. During the argument, MCBETH grabbed the victim hy the
throat and choked her. The victim reported that she was choked so hard that she
thought she was going to pass out. The victim also reported that she scratched
MCBETH and hi t him on the arm in an attempt to get free from him. MCBETH did
not release his grip on the victim's throat so she finally had to grab and
squeeze his testicles to make him let her go. The victim had visihle scratches
along the left side of her neck.
I DET SGT WILLIAM GOODHART 02 , BEING DULY SWORN
ACCORDING TO LAW. DEPOSE AND SAY THAT THE FACTS SET FORm IN THE FORGOING AFFIDAVIT ARE
TRUE AN D CORRECT TO THE BEST OF MY KNOWLEDGE,INFORMA TION,AND BEL
My commission expires first Monday of January.
(~;;;;ffiant)
, Magisterial District Judge
SEAL
AOPC 412C-05
~R--~
~ ~ ':\
"'" ~
~~ ~
C;~"
w ~ )-
~
n
c-
:-:l
j , -~
~
f-,_)
- '
{ 1"'1
.-.J
..
NATHAN C. WOLF, ESQUIRE
ATIORNEY ID NO. 87380
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
AUTUMN PETERSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 05-2222
KIRK McBETH,
Defendant : IN CUSTODY
MOTION FOR LEAVE TO WITHDRAW
AS COUNSEL FOR DEFENDANT
NOW COMES counsel of record for Defendant, Kirk M McBeth, Nathan C Wolf,
Esquire, and respectfully submits this Motion for Leave of Court to Withdraw as Counsel for
Defendant, KirkM McBeth, pursuant to Pa.ReP. 1012, and in support thereof, avers as follows:
1. Defendant, Kirk M McBeth, is an adult individual whose last known address was 9
Paradise Drive, Carlisle, Pennsylvania 17013.
2. The undersigned counsel was retained by the defendant on or about May 6, 2005.
3. The undersigned counsel personally delivered correspondence to Defendant, Kirk M
McBeth, stating that counsel may have to reschedule an upcoming August 31, 2006
conciliation conference concerning Defendant's case and for Defendant to contact the
undersigned counsel by August 17, 2006, if further representation was sought.
4. On August 24,2006, the undersigned counsel received a facsimile from Conciliator
Herbert X Gilroy, Esquire, rescheduling the August 31 conference to September 13,
2006, at 9:30 a.In. 5
5. As of the filing of this Motion, the undersigned counsel has not been contacted by
Defendant concerning representation and counsel does not have a current telephone
number for Defendant with which to contact him.
',/
...
6. Moreover, the undersigned counsel has performed legal services for the defendant in the
nature of custody and support, and Defendant has failed to remain current on his
obligations to counsel for compensation for some such services.
7. The undersigned counsel believes and therefore avers that no prejudice would be
suffered by his client if the instant motion is granted, and that this Court should grant
the relief requested.
8. The undersigned counsel contacted Kara W. Haggerty, Esquire, counsel for Plaintiff, for
concurrence in the filing of this motion and such concurrence was given.
WHEREFORE, the petitioner, Nathan C Wolf, Esquire, respectfully prays that this Court
grant leave for the undersigned to withdraw his representation of Defendant, Kirk M McBeth, and
to grant any further relief that the Court deems appropriate.
Dated: September t , 2006
~
VERIFICATION
I, the undersigned~ do hereby verify that the facts set forth in this Motion are true and
correct to the best of my knowledge and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.CS. Section 4904, relating to unswo
Dated: September ~ 2006
'J'
NATHAN C. WOLF, ESQUIRE
ATfORNEY ID NO. 87380
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
AUTUMN PETERSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 05-2222
KIRK McBETH,
Defendant : IN CUSTODY
CERTIFICATE OF SERVICE
I, Nathan C. Wolf, Esquire, hereby certify that I mailed a true and correct copy of the
foregoing Motion for Leave to Withdraw as Counsel to the below-listed persons:
Kirk M. McBeth
9 Paradise Drive
Carlisle, PA 17013
KaraVV.Haggerty,Esqutte
Abom & Kutulakis, LLP
36 South Hanover Street
Carlisle, PA 17013
Counsel for Plaintiff
Dated: September ~2006
()
,
1',)
~-~::;
0-'
F/)
I
C',
-;7
-~
f".)
:u
(~', .<
-
..
AUTUMN PETERSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 05-2222
KIRK McBETH,
Defendant : IN CUSTODY
ORDER
AND NOW this J z" day of September, 2006, upon consideration of the foregoing
Motion for Leave to Withdraw as Counsel for Defendant, Kirk M McBeth, the requested relief
therein his hereby GRANTED and counsel is hereby authorized to file a praecipe to withdraw as
counsel with the Prothonotary and to selVe notice of this Order and such praecipe upon Defendant,
Kirk M McBeth, and counsel for all other parties to this matter.
~than C. Wolf, Esquire
"Kirk M. McBeth
~ra W. Haggerty, Esquire
~
Ad-
J.
v
Ajb
O~,\
6 iJ ::1
('!
v.
--
.,.
NATHAN C. WOLF, ESQUIRE
ATIORNEY ID NO. 87380
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
AUTUMN PETERSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 05-2222
KIRK McBETH,
Defendant : IN CUSTODY
PRAECIPE TO WITHDRAW APPEARANCE OF
COUNSEL OF RECORD
TO THE PROTHONOTARY:
Please withdraw the appearance of NA 1HAN C WOLF, ES UIRE, as attorney of record
for Defendant, KIRK M MCBETI-I, in this matter.
September I ~ 2006
.....
NATHAN C. WOLF, ESQUIRE
ATtORNEY ID NO. 87380
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
AUTUMN PETERSON,
Plaintiff
v.
: No. 05-2222
KIRK McBETH,
Defendant : IN CUSTODY
CERTIFICATE OF SERVICE
I, Nathan C. Wolf, Esquire, hereby certify this day that I mailed a true and correct copy of the
foregoing Praecipe to Withdraw Appearance of Counsel of Record, by U. s. Mail, postgage prepaid,
to the following:
Kirk M. McBeth
9 Paradise Drive
Carlisle, PA 17013
Kara W. Haggerty, Esquire
Abom & Kutulakis, LLP
36 South Hanover Street
Carlisle, P A 17013
Counsel for Plaintiff
Dated: September ~006
r"'.1
("~-)
r.....)
r.,,~
c:' --<':::
::j
'd
;--;
AUTUMN PETERSON,
Plaintiff
/;'ft/ '
. 90tYl S 1 d3S 1\
i
IT.,'. ,,=) 'JI ~J
\ (.!c_~~...'...,:. .----,..-- -- .---
IN THE COURT OF COMMOW-PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
\0
vs.
: NO. 05-2222
CIVIL ACTION - LAW
KIRK McBETH,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this 21 ~ day of September, 2006, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that this Court's prior Order of
July 31, 2006 shall remain in place subject to the elimination of Father's daytime visitation
as set forth in paragraph 4(b) ofthe July 31,2006 Order.
The parties shall meet again with the Custody Conciliator on Thursday, November
30, 2006 at 8:30 a.m. At that conciliation, the parties will address the existing situation to
determine if the parties can reach a permanent Order. Mother reserves her right to seek
contempt against Father at any subsequent proceedings in the event the matter is unable to
be worked out at the next custody conciliation.
BY THE COURT:
cc:
VINV/\'lASNN3d
IJ '\j",,\;""'-\ 1'1'" c~, :~r.'iI'n~
I J : !".c.' _.." 7 ;1-:: ~1t;Y H .J
Sf.: :8 Wd Il d3S 900l
AW10NOH.,.LOad 3ru dO
301:l:lo-cBll:J
II
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO. 05-2222
CIVIL ACTION - LAW
KIRK McBETH,
Defendant
IN CUSTODY
Prior Judge: The Honorable Kevin A. Hess
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Bryanna Lynn McBeth, born March 13, 2002
2. A Conciliation Conference was held on September 13, 2006 with the following
individuals in attendance:
The Mother, Autumn Peterson, with her counsel, Kara W. Haggerty
The Father, Kirk McBeth, who appeared without counsel
3. The parties agreed to the entry of an Order in the form as attached.
Date: September~, 2006
axty, &qmre
Custody Conciliator
IE"-~(
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO. 05-2222
CIVIL ACTION - LAW
KIRK McBETH,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this (l1 day of llf J~ , 2006, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed as follows:
1. A hearing is seheduled~ Room No.4 of the Cumberland County Courthouse
on the ;;; W day of , 2001. at E ~.m. At this hearing, the Court will
address the mother's Petiti to hold father m Contempt. Mother shall proceed
initially with testimony. Counsel for the parties shall rde with the Court and opposing
counselor the father a memorandum setting forth the history of custody in this case
and the specific areas where mother is alleging father has willfully disobeyed the
existing Custody Order. Additionally, this Memorandum shall set forth a suggested
remedy in the Contempt proceedings. Father, or his counsel, if father retains
counsel, may rde a memo also addressing these issues. These memorandums shall be
rded at least five days prior to the mentioned hearing date.
2. In the event father does retain legal counsel, father' attorney may contact the
Conciliator directly to determine if an additional Conciliation Conference may be
warranted in order to avoid the hearing scheduled in paragraph 1 above.
3. Pending further Order of this Court, this Court's prior Order of September 21,2006
which incorporates the Order of July 21,2006 shall remain in place.
BY THE COURT:
cc: ~. Haggerty, Esquire "
r. Kirk McBeth
;/)
FILED~-Oi:HCE
At:" TL!'"" t''''(,,--' '.~,' i'-\T^RY
t.)i ~ l-";j: !'t~~',_",l t-It/::\;l~ it'\,
20G5 DEe -8 PH I: I 5
.
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO. 05-2222
CIVIL ACTION - LAW
KIRK McBETH,
Defendant
IN CUSTODY
Prior Judge: The Honorable Kevin A. Hess
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Bryanna Lynn McBeth, born March 13, 2002
2. A Conciliation Conference was held on November 30, 2006 with the following
individuals in attendance:
The Mother, Autumn Peterson, with her counsel, Kara W. Haggerty.
The Father, Kirk McBeth, did not appear.
2. The parties were before the Conciliator in September of this year on a Petition for
Contempt m.ed by the mother. At that time, the father appeared without counsel and
an agreement was entered with mother reserving the right to seek Contempt in the
future along with a trial period of a modified Custody Order. The parties have gone
two months without real incident except that the father continues to willfully disobey
the existing Custody Order by failing to take the minor child to the Pre-school
program on Friday mornings. Additionally, the fact that the father did not appear at
the Conciliation Conference was further indication of his willful disregard of the
circumstances and Order in this case. There has been a history of father not
returning the child and violating the Orders in other respects. The mother is,
naturally, frustrated with the fact that she has had to incur fees based upon father's
violations.
3. A hearing is required in this case to address mother's Petition to hold father in
contempt. The Conciliator recommends an Order in the form as attached.
~~~ ~
Date: Se~ber , 2006
Hub. .X. Gilroy, Esquire. ....-/
Custody Conciliator
AUTUMN PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION - LAW
NO. 05-2222 CIVIL
KIRK MCBETH,
Defendant
IN CUSTODY
IN RE: PETITION FOR CONTEMPT AND FOR SPECIAL RELIEF
ORDER
AND NOW, this
Ie
day of March, 2007, after hearing, the defendant, Kirk
McBeth, is cited as being in contempt of the custody order entered in this case. Adjudication is
deferred on condition that the defendant abide by the order and, in the event of a future violation
ofthe order, the court will schedule a hearing on adjudication. Counsel fees are awarded on
behalf of the plaintiff and against the defendant in the amount of $500.00.
The existing custody orders in this case are modified to provide that the plaintiff, Autumn
Peterson, shall have sole legal custody of the child, Bryanna Lynn McBeth, born March 13,
2002. The periods of the father's partial custody may be withheld in the event that the mother
has a good faith belief that the exercise thereof will prove a danger to the child.
The request of the plaintiff to delete the father's Thursday overnight because of his
inability to provide transportation during the coming school year is referred to conciliation.
BY THE COURT,
.4J
:rlm
.'
tl t] :Z Hd 1- ~VW L002
A' r...,'1 "",."" . ,., '.1 :::lH' .JO
tkc\.)i,\j:i.ll;Q>,.j ;..; .L -'
30:::~O'{Bll:J