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HomeMy WebLinkAbout00-07821 DENISE R BEARY PLAINTIFF V. GLENN M. KIMMEY, III DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7821 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 9th day of November, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMeIissa P. Greevy, Esq. ,the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 11th day of December ,2000, at ~OO p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this carmot 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. FOR TIIE COURT, By: Isl 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 1HIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 't, ~~ "_.,, r- l' &;~~~~il1;i~;;\<jWcIi;;/";.,ai>ill".'b~l)''ili,",jN.'~,,,-~~,,;illi'io'"''"''''"'"'"'"'_"L6'i"'"-;'_'h'_,~~-b,,,-,,.,--,'I,,,"':i1l!1jdlli;~"'i~~i!i~:~"'''',,~~~lliiiilM~~~N k' i; ;i; i :i:':~:".jCFil.RY ," ,:; :,! i~ "0 '" , I') 'o\,' '. [;,') Cj:-'ri.~-:,t; J it; j. '" i-: . :J 11] i1 ii! '" ~~ \~ , ~ " I I CU'''''''I'' ".'"C, rY'UNny . 1\ID:: '~Lr~ ',il.; vJ J PENNSYLVANiA 1/'/3-0V? M ~_/n~~ f2f ~ //-/3.otJ '71~ ~ ~ 4. 1('IJ-t7# ~.M~ -i; /Uf ~ =,..~" , ., ", , " ,~~~ . - , -~, -^ , -,,- ~ . , ;110\1 6 209!! DENISE E BEARY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, NO. 2000- 7'f'.) I CIVIL ACTION - LAW CIVIL TERM GLENN M. KIMMEY, III, IN CUSTODY Defendant ORDER OF COURT You, GLENN M. KIMMEY, III, Defendant, have been sued in court to obtain custody, partial custody or visitation of the minor child: LYDIA SARAH BEARY. You are ordered to appear in person at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania on ,2000, at , _,M., for o a conciliation or mediation conference. o a pretrial conference. o a hearing before the court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Uberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. FOR THE COURT, By: J. I '" '.. -. 0 ,_,~", .,--'','..- ,,~_~ ,"_.~"" _" - -~ '-~' .,'-' - _,N' ~, ,",,<," o~-' ,.." - ""'-'1-'-" "-,-'.- -, ""-,,, ""--,"~. - Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DENISE E. BEARY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000- '7l? dol CIVIL TERM v. CIVIL ACTION - LAW GLENN M. KIMMEY, III, IN CUSTODY Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Denise E Beary, hereinafter referred to as "MOTHER," who resides at 1268 Timberview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Glenn M. Kimmey, III, hereinafter referred to as "FATHER," who resides at 4 Linden Court, Camp Hill, Cumberland County, Pennsylvania. 3. MOTHER seeks custody of the following child: LYDIA SARAH BEARY, age fifteen months, whose date of birth is June 24,1999. 4. The child was born out of wedlock. 5. The child is presently in the custody of MOTHER at 1268 Timberview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 6, Since birth, the child has resided with the following persons at the following addresses: A. From birth until early September 2000 - with MOTHER and FATHER at 1268 Timberview Drive, Mechanicsburg, Pennsylvania. ~";","". "_'il-"I,.";"".,,,,,,_~,,_,, --- -"'"',~,"',,~,'~l' _,~, " '-~~_' - '1' ",~,. P" ,,, . . - , . B, From early September 2000 until present - with MOTHER at 1268 Timberview Drive, Mechanicsburg, Pennsylvania, 7. The mother of the child is Plaintiff, Denise E. Beary. She is single. 8. The father of the child is Defendant, Glenn M. Kimmey, III. He is married. 9. The relationship of Plaintiff to the child is that of natural mother. Plaintiff currently resides with the following persons: the minor child. 10. The relationship of Defendant to the child is that natural father. The Defendant currently resides with the following persons: his wife, Crystal and their two children, Krista, age 14, and Donald, age 13- 11, MOTHER has not participated as a party or witness, or in any other capacity, in any other litigation concerning the custody of the child in this or another court. 12. MOTHER has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. MOTHER does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: A The child has resided with MOTHER since birth; B. MOTHER has been the child's primary caretaker since birth; C. The child has developed a close emotional bond with MOTHER; and !--- ." L)e I _, ';";>"/~"F',,<l',"'-',~'1'^ ,- c:"'-"~';"" ~ _.'>',' ,,--"- ':_~. - . ,,:"~--,. ' ,," - -""0""_ -, I" -, ..,~-" -.-'1' _ ,~ _ - . . ' " ~ D. MOTHER has the desire and the flexibility to care for the child on a primary basis. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, MOTHER requests that the Court grant primary physical custody to MOTHER, subject to liberal periods of partial custody to FATHER Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: If-w~ L,IJ~ Keirsten W. Davidson : 140098 ':L,o_c._ .r!.~,~~--~,-,-, _~_~''''''~,._.'_____'_"''""'F ~,~r~,'.o -'," '_ ~.;~",.~r," 1,<" . ,,__ _ ._h '-.<< ~ ~" ,," - . , '... ~ VERIFICA TlON I, Denise E, Beary, verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~"M ~ 0~~ ... Denise E. Beary Dated: l()-~-(Y'\ 01'_ ~, ",,",,' - ~., ?,- , ,. .,.,-~- ",' ~.~, .-. '-'""1-'," .- .~. -,,~~- .".- "' - ~ .-. . . * ~. 0-, ~, ~ ~ ,1 ~ , , "l \ ~ (') CJ\ (.""} 0 ~ D c 0 'Tl \\j \ .... ~ ~. " -otD r..) :1 f11fll -<:: Z:rJ :_~~ \J , zr;:: I W \ ~~ ~5.~~ w ~ !<CJ -0 ~:~~~ ~ ~o ::t: ~ --0 1'\3 C) rri )>c :z: ~ =<! N :J:J <:0 -< - NIIllll!l!ll- _~ ~1JIl4l .11, !lI'I~i!l'I%w.w~~~","~~WI'I'>"I~~llWtlJ!'l'~~~!'i~, ~.";"... - Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff DENISE E, BEARY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000-7821 CIVIL TERM v. CIVIL ACTION - LAW GLENN M. KIMMEY, III, IN CUSTODY Defendant CERTIFICA TE OF SERVICE I hereby certify that on the 6th day of November, 2000, that I served a true and correct copy of the Complaint for Custody upon the Defendant, Glenn M. Kimmey, III, by certified mail, restricted delivery, to his mailing address at 4 Linden Court, Camp Hill, Pennsylvania 17011, return receipt requested, attached hereto and made a part hereof JOHNSON, DUFFIE, STEWART & WEIDNER Date: November g, 2000 BY:~W& Keirsten iN Davidson : 140098-6 [ii, " ''"'''1(-:., >I,'~"-", ,,_>"~,",,"_ 0'--_""" . c~,~__,~_"._",'<'T,_~, .'..-'."_~,_"_ 1"",_ _ ".." ~- ,-, Certified Fee GOQ Cl5 Postmark H,", .Jl Cl Cl Cl Return RadeiptFee (E;:hg<irsementRequlred) Restricted Dellvery Fee (Endorsement Required) Cl t:J Total Postage & Fe.. =r IT! 111861_ a- . a- Cl t'- 0" .. " Ui m ~ .. :5 c o I c;i;;;reSi:O/J ftNEYI~! 1 ~ L f N rid ~~ u..H-;i; C U~f 110 II PII /7 ~ !/ seNBW: Q c~pl~e'a~rns 1 and/or 2 for additional S6r:iJ:iees. , Complete itelTIs 3, 4a, and 4b. " . :' D PilOt your name and address on the:~'fE!r;;e of this fonn so that we can return this card to you. ::ilf~: ~ ,. [J A~eh this form to the front of the maJlpJii!ce, or on the baqk jf l:lpade does not permit. D Write -Return Receipt:Requested" on the mailpiece belo~lhe.:article number. Q The Return Receipt will show to whom the article was delive~d and the date <delivered. . --+. 'I also wish to receive the follow~ ing services (for an extra-fee): 1. 0 Addressee:S. Address 2,)[ Restricted Delivery 4fft}"'OOe'OM/, CJ511f$1 4b. Service Type o Registered D Express Mail o Return Receipt tor Merchandise ~ertified D Insured DeOD 8. Addressee's fee is paid) 7. Date of Delivery // 7 dress (Only if requested and t ~:: , t; " :! H ) ,If,!.' i-i, ." --'. '., _t' _ ~"_ _ 1- ".- , y . .,; " ~i UJ. 1i ".. " .. 0: r c 5 'ii 0: ',0> . C Ui " ~ J2 " o ,.. '" c " ~ . .... -'" ,~ 'II~~' ~-'-' -- "~ .,[1:< ,,"- ,,' -'~, --- ,~, ,""'.-~'~ -. ".. ~ ~~~." ~, "-" 0 0 c j c 0 -,'f s: ,3 "'Urn -',- mlfi ,,~...: :-\ ,:.n Z_' iT. ZC , ~<.: .~ i....,J ~h ~~~ ~~ ,-~>~:~ S) ;;O:-fT1 "'-) '-'1 /.:- :..:> '> :::! :D (,.) -< -,- ~~~m"l'~~"fj~'!/!'~iI!~iI1l"\$>~I!:l"ll\'~~~!l;!!l\1!j!~JJ"!If_,,_,~_~~ JM :, g 2~eiJ Plaintiff IN THE COURT OF COMMON PL,EAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE E. BEARY, vs. NO. 00-7821 GLEN M. KIMMEY, III, Defendant CIVIL ACTION - LAW CUSTODY INTERIM ORDER OF COURT AND NOW, this --1a- day of January, 2001, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties shall participate in mediation to resolve their differences with regard to the physical custody arrangement of the minor Child. The mediator shall be Deborah Salem, unless otherwise agreed. Following the completion of mediation, if the parties are not able to resolve this matter by stipulation, counsel may file a motion with the Court for a new Custody Conciliation date or may make a motion to schedule a hearing date before the Court. 2. Pending further Order of Court or stipulation of the parties, the parties shall maintain the status quo of shared physical and shared legal custody of the minor Child, Lydia Sarah Beary, born June 24, 1999. J. Dis!: Judith A. Calkin, Esquire, 2201 N, Second Street, Harrisburg, PA 17110 Mark C, Duffie, iOsquire, 301 Market Street, PO Box 109, Lemoyne, PA 17043-0109 .~ . f" D\ t~ 6l~ 1.,,,,,,--,., , ikiiI~~~' .' iffioHI~~~~J'.!:I~;;";'~;lw;;,',40,1<i\~;;",,~,,"~'~~;;;l!~~:;d.i!-' 'i~~ - "~"~ I!llill~illllm>il" ila1' 0,. 1'1 ~~cfD-.O"" ,"\FFiCE r ". ,)wyrL1l')~l"""A,n y " "1\.'1> tt....liUI/in 01 JAN r 9 MilO: 1,4 CUt1ENEflt.PND COUNTY r" NSYLVAN/A ""'"'\IIIIilIiiilIli~-'~ il ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE E. BEARY, vs. NO. 00-7821 Defendant : , CIVIL ACTION - LAW : CUSTODY GLEN M. KIMMEY, III, CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lydia Sarah Beary June 24, 1999 Mother 2. A Custody Conciliation Conference was held on January 10, 2001, with the following individuals in attendance: the Mother, Denise Beary, and her counsel, Mark C. Duffie, Esquire; the Father, Glen Kimmey, and his counsel, Judith A. Calkin, Esquire, 3. The parties were not able to reach an agreement with regard to a shared custody arrangement However, the parties did agree to maintain the status quo while they participate in mediation. Therefore, an Interim Order of Court in the form of an Order as attached is recommended. /-1 b - () ( Melissa Peel Greevy, Esquir Custody Conciliator Date .,W!,~ . , ~ - . .' ." .