The URL can be used to link to this page

Home My WebLink About07-1390KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam ,kopelaw.com GARRY ANDREW PINCKNEY, Plaintiff, vs. CRYSTAL MARIE PINCKNEY, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. b~ -- ~.3 !~ CIVlL ACTION -LAW IN CUSTODY CUSTODY COMPLAINT ~1=2. ~~~~L ~, 1. The Plaintiff is Garry Andrew Pinckney residing at 11 Koser Lane, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is Crystal Marie Pinckney currently residing at 28 West Seminary Street, Mercersburg, Franklin County, Pennsylvania 17236. 3. Plaintiff seeks primary physical and shared legal custody of the following children: NAME PRESENT RESIDENCE Connor Eugene Pinckney 28 West Seminary Street Mercersburg, PA AGE 2 years old D.O.B. 10/24/2004 Ethon Andrew Pinckney 28 West Seminary Street 5 months old Mercersburg, PA D.O.B. 10/1/2006 4. Connor Eugene Pinckney and Ethon Andrew Pinckney (hereinafter the "children") were born in wedlock. 5. As of yesterday, March 4, 2007, the children are presently residing with the Plaintiff, Plaintiff's sister, and Plaintiff's three nieces at 28 West Seminary Street, Mercersburg, Pennsylvania 17236. 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Crystal Marie Pinckney Kim Adams (aunt) Brianna Adams McKenna Adams Carla Adams 28 West Seminary Street Mercersburg, PA March 4, 2007 -Present Garry Andrew Pinckney 11 Koser Lane Birth -March 4, 2007 Crystal Marie Pinckney Shippensburg, PA 7. The mother of the children is Crystal Marie Pinckney, as of yesterday, March 4, 2007, residing at 28 West Seminary Street, Mercersburg, Franklin County, Pennsylvania 17236. She is married but separated. 8. The father of the children is Garry Andrew Pinckney, residing at 11 Koser Lane, Shippensburg, Cumberland County, Pennsylvania. He is married but separated. 9. The relationship of Plaintiff to the children is that of Father. As of today, the Plaintiff currently resides alone. 10. The relationship of Defendant to the children is that of Mother. Besides the children, the Defendant currently resides with the following persons: NAME RELATIONSHIP to CHILDREN Kim Adams Maternal Aunt Brianna Adams Cousin McKenna Adams Carla Adams Cousin Cousin 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the children. 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. Plaintiff is requesting shared legal and primary physical custody of the children subject to partial custody and/or visitation by Defendant. 14. The best interest and permanent welfare of the children will be served by the granting relief requested because: (a) Prior to yesterday, March 4, 2007, when the Defendant unilaterally chose to move out of the family residence and take the children from their Father, the children lived with their Father and Mother in the family home since their respective births. Remaining primarily in the home to which the children have become accustomed will provide the children with a sense of stability, safety, and structure that will be even more important as the parties seek a divorce; (b) Plaintiffs brother and his wife, the children's paternal uncle and aunt, have been the primary babysitters for the children since the birth of Ethon. Plaintiff's brother and his wife live only a mile from the family residence, and have been an integral part of the children's lives. Continuing said contact with their paternal uncle and aunt will also provide the children with a sense of stability, safety and structure; (c) Defendant has moved the children into a 2-3 bedroom apartment that now contains two adults and five children. This residence is poorly cleaned and maintained, and is an unsuitable home environment for the children; (d) Despite Defendant's relatively limited work and school commitments, Defendant has demonstrated a regular pattern of passing the responsibility for the care of the children to Plaintiff's brother and his wife. Defendant has not shown substantial responsibility or care in raising the children. To the contrary, Plaintiff regularly spends all available time, outside of work, raising his children; (e) Defendant does not have the home environment nor the desire needed to raise the children; (f) Plaintiff is able to provide a stable home and emotional environment for the children; and (g) Plaintiff has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so. 15. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff primary physical and shared legal custody of the children. Dated: ~ ~ Respectfully Submitted, KOPE ~ ASSOCIATES i By: ~ . esl Esq. • 03/05/2007 16:58 7173001334 PINCKNEY PAGE 09 + 03/85/2007 15: al 717^•761-7572 lCC3RE & AS50CAT~S PFaGt t1yll7y VEi'~iFICA I, Garry Andrew Pinckney, the F'faintifif In this matter, have read the foregoing Gampleint. t verify tha# my averments En this Cumplak~t are tree and enact and based upon my personal knowledge. i understand that ariy false statements hcarein are made subject to the penalties of 18 Pa. C,S. 4904 relating to unsw+om falsifications ba autfiarities. bated: ~~ ~,~~~ .~.-~'"~....~.. -.-- ,.~-.~ Garry' Andrew Pin~cney . ~ ~ ~.1 Q w c ~ ~ -J ~ ~ ~ ~_~~j -=~ ~ _ - ~_- .. -~ _~ _ - , ~,~ ~~,: _i ~~ _ , ,., ~:+ .. ~~~ ~, _~ _.: GARRY ANDREW PINCKNEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CRYSTAL MARIE PINCKNEY DF,FENDANT • 07-1390 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 19, 2007 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April O5, 2007 at 9:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will he 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/ Hubert X. Gllro 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. A11 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, GU 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 ~~ ~1t~~~~1`~S~~l~d~d (~~~,-~, ..2 ~~~ •l~ V V W~~ ~~~4 ~~.~.'~..'''t1i"~.Gt7L3 ~~ CARRY A. PINKNEY, JR., Plaintiff v. CRYSTAL 1V~. PINCKNEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-1390 CIVIL TERM IN CUSTODY ANSWER TO PLAINTIFF'S COMPLAINT FOR CUSTODY AND NOW comes Crystal M. Pinckney, by and through her attorney, Hannah Herman- Snyder, Esquire and the law firm of Griffie and Associates, and in support of her Answer to Plaintiffls Complaint for Custody avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Denied. It is denied that the best interest and permanent welfare of the children will be served by granting the relief requested because: a. Denied. It is denied that prior to yesterday, March 4, 2007 when the Defendant unilaterally chose to move out of the family residence and take the children from their Father, the children lived with their Father and Mother in the family home since their respective births. It is averred that Defendant did not unilaterally choose to move out of the family residence. Rather, she removed the children from a hostile and abusive environment following an incident in which Plaintiff verbally and physically abused her, with the parties' child, Connor, as a witness. It is denied that remaining primarily in the home in which the children have become accustomed will provide the children with a sense of stability, safety, and structure that will be even more important as the parties seek a divorce. It is averred that the children need both of their parents and the physical structure in which they reside with either parent is not relevant as both parties have appropriate housing. b. Admitted in part. Denied in part. It is denied that Plaintiff's brother and his wife, the children's paternal uncle and aunt, have been the primary babysitters for the children since the birth of Ethon. It is averred that if anyone was a primary babysitter, it was Defendant's mother upon the birth of Ethon. While Plaintiff's brother and his wife are involved in the children's lives, the extent of their involvement is that beginning January 16, 2007, for a period of seven (7) weeks, while Mother had class and/or needed to work, Plaintiff's brother and his wife watched the children for a maximum of two (2) hours. It is admitted that Plaintiff's brother and his wife live only one mile from the marital residence. It is denied that Plaintiff brother and his wife have been an integral part of the children's lives. By way of further response, while Plaintiff's brother and his wife have been involved in the children's lives, so have many other family members on both sides of the family. It is denied that continuing said contact with the children's paternal uncle and aunt will also provide the children with a sense of stability, safety and structure. It is averred that because of Mothers' varying school schedule and work schedule, the children are actually very flexible and the continued contact with the uncle and aunt is not necessary to provide the children with a sense of stability, safety, and structure. c. Denied. It is denied the Defendant has moved the children into a 2-3 bedroom apartment that now contains two adults and five children and that this residence is poorly cleaned and maintained and it is unsuitable home environment for the children. It is averred that Defendant, due to her current financial situation could not maintain the marital residence, so did move into a four bedroom home with her sister and her sister's three children. By way of further response, both adults have her own room, the children at issue share a room and Defendant's sister's children, all girls, share a room. d. Denied. It is denied that despite Defendant's relatively limited work and school commitments, Defendant has demonstrated a regular pattern of passing the responsibility up for the care of the children to Plaintiff s brother and his wife. It is averred that the only time Plaintiff s brother and his wife babysat on a regular basis was when Mother was attending class or going to work. By way of further response, Mother is working on her nursing degree so that she can provide a better life for her children, and she is working part time, which was agreed upon by the parties when they were together, so that she could help with some of the family's expenses. It is denied that Defendant has not shown substantial responsibility or care in raising the children. By way of further response, Defendant took a leave of absence from school upon the birth of the younger child, Ethon, so that she could be available for him full time. Only when he was well did she return to school and then started a part time job, again, to help with the family finances. It is denied that to the contrary, Plaintiff regularly spends all available time outside of work raising his children. It is averred that part of the time Plaintiff s brother and his wife watched the children on a regular basis was time that Plaintiff was available and time he used to exercise at a gym. e. Denied. It is denied that Defendant does not have the home environment nor the desire needed to raise the children. It is averred that Defendant is in a suitable home for the children and is doing everything she can to provide for the children by working on her nursing degree so that she can provide a better life for herself and the children. f. Admitted. By way of further response, while the parties' relationship was tumultuous, Defendant believes both parties are equally capable of providing for the children. g. Admitted. By way of further response, Defendant also has the facilities to provide for the care, comfort, and control of the children as well as the intention and desire to do so. 15. Admitted. WHEREFORE, Defendant requests this Honorable Court deny Plaintiff's request for primary physical custody. Respectfully Submitted, ~}~w ~ A ~ ~' ~,,I~.fAR 1~ ~S Hannah Herman-Snyder Attorney for Defendant GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 800-267-1350 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: -~- Q~ CRY L M. PiNCKNEY ~. GARRY A. PINKNEY, JR., Plaintiff v. CRYSTAL M. PINCKNEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-1390 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the ~ day of April, 2007, cause a copy of Defendant's Answer to Plaintiffs Complaint for Custody to be served upon Plaintiff by serving his attorney of record, Lesley J. Beam, Esquire, by first-class mail, postage prepaid at the following addresses: Lesley J. Beam, Esquire Kope & Associates 4660 Trindle Road Suite 201 Camp Hill, PA 17011 DATE: y - 3 - a -~ Hannah Herman-Snyder, Esq ri e Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 Ca C ~ ; "r7 ._.{ -?~ ~ ~ -rt '.~.. U i J: t 1 ~ ~ ~ltl W ~ 1 • 1 ~~ _+HU \. .. ~ 'Tl r % ~ , ~ ..` 1' mo~~ GARRY ANDREW PINCKNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW CRYSTAL MARIE PINCKNEY, N0.07-1390 Defendant IN CUSTODY COURT ORDER AND NOW, this ~G day of April, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Garry Andrew Pinckney, and the mother, Crystal Marie Pinckney, shall enjoy shared legal and shared physical custody of Connor Eugene Pinckney, born October 24, 2004 and Ethan Andrew Pinckney, born October 1, 2006. 2. Physical custody shall be handled on a 50/50 basis with parties working out an exchange of custody on a weekly basis pursuant to a 2/2/3 overnight visitation rotation. Even if the actual hours of physical custody of the children is not technically 50/50 because of the parties work schedule or otherwise, this Order shall represent an agreement of the parties that the physical custody schedule is 50!50 for all purposes, including any support calculations that may be applicable to this case. Unless agreed otherwise by the parties, the default time for exchange of custody shall be 3:00 p.m. 3. Both parties shall enjoy the right of first refusal with respect to situations where the custodial parent is unavailable to care for the minor child for three hours or more. 4. For the summer months, each party shall have two weeks of vacation to be two non- consecutive week, with the week meaning seven overnights. No bootstrapping can occur such that if one party has his or her three day weekend she cannot attach another seven overnights to that period. 5. For the Christmas Holiday, in 2007 and in all odd numbered years the father shall have custody from 3:00 p.m. on December 24 until 3:00 p.m. on December 25. The mother shall have custody from 3:00 p.m. on December 25 until 3:00 p.m. on December 26. That schedule shall be alternated in even numbered years. 6. For the New Year's Eve Holiday, the schedule shall be identical to that of the Christmas Holiday with mother having the first section of the New Year's Holiday in 2007 and father having the second section, with the parties alternating thereafter. 7. Mother shall always have custody on Mother's Day and father shall always have custody on Father's Day, with the time frame being from 9:00 a.m. unti19:00 p.m. Jf' 1 ~, ~._ 8. For the Thanksgiving Holiday, father shall have custody of the children from 9:00 a.m. unti13:00 p.m. in odd numbered years and the mother have 3:00 unti19:00 p.m in odd numbered years. The parties will rotate that schedule in even numbered years. 9. For Easter Holiday starting at 2008, mother will exercise custody of the children from 9:00 a.m. until 3:00 p.m. and father will exercise custody from 3:00 p.m. until 9:00 p.m. This schedule shall alternate in odd numbered years. 10. The parties shall rotate Memorial Day from 9:00 a.m. until 9:00 p.m., Fourth of July from 9:00 a.m. until 10:30 p.m. (Or after the fireworks) and Labor Day from 9:00 a.m. until 9:00 p.m. Mother shall have Memorial Day in 2007 to commence the schedule. 11. For the children's birthdays, the parties may agree to have a joint party at the home of the parent who has custody on the child's birthday. Absent an agreement, the custodial parent will enjoy custody of the child on their birthday with the non- custodialparent celebrating either the day before or the day after. 12. Transportation for exchange of custody shall be shared equally between the parties. 13. This Order is entered pursuant to an agreement reached by the parties. In the event either party desires to modify this Order, that party may Petition the Court to have the case again scheduled for a hearing with the Custody Conciliator. BY THE COURT, Jud cc: Lesley J. Beam, Esquire ` - Hannah Herman-Snyder, Esquire 'L"f ~D `~`~'`'`{ `~' ~~' " ~ ~ `-~'^~ i ~ w GARRY ANDREW PINCKNEY, Plaintiff v CRYSTAL MARIE PINCKNEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-1390 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 information pertaining to the children who are the subject of this litigation is as follows: Connor Eugene Pinckney, born October 24, 2004 and Ethan Andrew Pinckney, born October 1, 2006. 2. A Conciliation Conference was held on Apri15, 2007, with the following individuals in attendance: The father, Garry Andrew Pinckney, with his counsel, Lesley J. Beam, Esquire, and the mother, Crystal Marie Pinckney, with her counsel, Hannah Herman-Snyder, Esquire. 3. The parties agree to the entry of an Order in the form as attached. 0~ DAT Hubert X. Gi oy, Esquire Custody C ciliator