Bechtel v. Bechtel

37 Pa. D. & C.5th 70
CourtPennsylvania Court of Common Pleas, Berks County
DecidedFebruary 19, 2014
DocketNo. 11-15506
StatusPublished

This text of 37 Pa. D. & C.5th 70 (Bechtel v. Bechtel) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bechtel v. Bechtel, 37 Pa. D. & C.5th 70 (Pa. Super. Ct. 2014).

Opinion

BUCCI, J.,

FINDINGS OF FACT

[72]*721. The plaintiff, Jonathan R. Bechtel (hereinafter, “father”), age 39, and the defendant, Christine Bechtel, (hereinafter, “mother”), age 42, are the natural parents of two minor children, Jonathan Bechtel, born November 8, 2008 and Adalin Bechtel, born March 31, 2010, (hereinafter referred to collectively as “the children” or individually by name).

2. The parties were married on September 16, 2006 in Berks County, Pennsylvania, separated in June, 2011 and were divorced in the Court of Common Pleas of Berks County on January 6, 2012.

3. Prior to the parties’ separation they resided together with the children at 436 North Church Road, Wernersville, Berks County, Pennsylvania.

4. After the parties’ separation, father continued to reside in the marital residence from June 11, 2011 to January 2012, at which point he relocated to the children’s paternal grandparents’ residence at 1695 Morgantown Road, Berks County, Pennsylvania.

5. In June 2011, mother relocated her residence to Philadelphia, Pennsylvania, near her extended family.

6. Approximately one year ago, mother again relocated her residence to reside with her paramour in Lehigh County, Pennsylvania.

7. On November 16, 2011, the parties entered into a shared custody agreement for the children generally consisting of a week-on, week-off schedule, which they had been doing since the date of separation in June of 2011.

[73]*738. The parties continued to follow the shared custody agreement even after mother relocated to Philadelphia in 2011 and then when she relocated to Lehigh County in January 2013.

9. Both parties acknowledge that the current custody arrangement is not in the children’s best interest because there is a lack of continuity and because the 50/50 shared custody arrangement has come to its natural conclusion given the fact that the children will be starting school in the fall of 2014.

10. Since January 2013, mother has resided in a four bedroom home at 17 Witman Drive, Breinigsville, Lehigh County, Pennsylvania with her paramour, Hugh Gallagher, Mr. Gallagher’s two sons, ages 14 and 16, and mother’s daughter from a previous marriage, Kelsey Cooke, age 16, and the children.

11. Father currently resides with the children, and the children’s paternal grandparents, Douglas and Brenda Bechtel (hereinafter collectively referred to as “paternal grandparents” or individually as “paternal grandfather” and “paternal grandmother,” respectively).

12. Mother’s currently rents her home on a month-to-month basis.

13. Father’s home is owned by paternal grandparents and consists of six acres of land in Cumru Township, a suburb of Reading, Pennsylvania, in the Governor Mifflin School District. The home is 4,200 square feet with separate in-law quarters.

14. Father has been employed as general manager [74]*74of his family’s business, Rentschler Auto Center, since 1998. The business is located approximately 5-10 minutes from father’s current residence. Father’s work hours are generally Monday through Friday from 8:00 a.m. to 5:00 p.m., with a high degree of flexibility.

15. Mother has been employed on a full-time basis since October 2013 at D.S.S. Computer Company in Wyomissing, Berks County, Pennsylvania, which is approximately 10 minutes from father’s residence. Mother commutes approximately 45 minutes or more from her current residence to work, leaving home by at least 7:00 a.m. and returning home at 5:45 to 6:00 p.m.

16. Mother testified that her daily commute to work usually takes approximately 3 5 minutes. We do not find her testimony credible in this regard. The court is very familiar with Route 222 between Wyomissing, Berks County and Breinigsville, Lehigh County. Route 222 north of Reading is a notoriously congested 2 or 3 lane highway with long bottle neck at key cross-roads. We believe mother’s daily commute time is longer than she claims.

17. From January 2013 to March 2013, mother commuted to work from Lehigh County to Philadelphia Monday through Friday, with a one-hour commute each way.

18. Mother is taking on-line college courses through Cedar Crest College.

19. Mother testified that she intends to obtain an associate’s degree, which will require approximately 160 credits, and she indicated that she is just commencing this education. She will be taking additional classes in the future.

[75]*7520. The children, while in the custody of father, have been enrolled in the Brecknock Academy day care program located a few minutes from father’s home.

21. The children, if in the primary custody of father, will attend the Governor Mifflin School District.

22. Father has a large extended family in the Berks County area including paternal grandparents, with whom he and the children reside. In addition to paternal grandparents, numerous cousins and an aunt live nearby.

23. Paternal grandmother works part-time as a substitute teacher and spends significant quality time with the children. She is a certified elementary school teacher.

24. Paternal grandfather works as a manager at Threshold of Berks County, which employs persons with disabilities, and there he has a flexible work schedule. As such, he also spends quality time with the children, including making pancake breakfasts for the children every Saturday morning.

25. The children’s ninety-one-year old great-grandmother, father’s paternal grandmother, had resided with father and paternal grandparents until September of 2013, when she passed away. She also spent time with the children.

26. Father’s maternal grandparents, the children’s other great grandparents, reside approximately 15 minutes from father’s residence. Father and the children have dinner with these great grandparents every Wednesday evening. Father testified that he has been doing this since he was a child.

[76]*7627. The children have other extended paternal family in the area, including an aunt and uncle nearby in West Chester, Pennsylvania.

28. Father has resided in Berks County his entire life. Father has many friends and acquaintances in the area.

29. The children have resided in Berks County their entire lives and have many relatives and friends as a result of their residing in Berks County since their births and attending preschool near father’s residence.

30. Father and the children are very close to his family and they regularly socialize, take family meals together and attend church together every week.

31. Mother’s extended family resides in the Northeast Philadelphia area approximately 1-1 Vi hours from mother’s current residence.

32. Mother relocated to Philadelphia after the parties’ separation in June of 2011 in order to be close to her extended family.

33. Mother now resides more than an hour away from her extended family.

34. Mother’s child from a previous relationship, Kelsey, has been forced to change school districts four to five times due to mother’s having been divorced on two occasions and having relocated her residence on at least six occasions.

35.

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Bluebook (online)
37 Pa. D. & C.5th 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bechtel-v-bechtel-pactcomplberks-2014.