HomeMy WebLinkAbout03-3032DAVID K. WEIBLEY,
Plaintiff
V.
KIMBERLY J. BENNER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENN.
CIVIL ACTION - LAW
IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, comes the Plaintiff, David K. Weibley, by and through his attorney, William T.
Tully, Esq., and avers as follows:
1. The Plaintiff, David K. Weibley, is an adult individual currently residing at R.D. #1, Box
107-A, Ickesburg, Per~ County, Pennsylvania.
2. The Defendant, Kimberly J. Beuner, is an adult individual currently residing at 124 N.
East Street, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are the natural parents of Sarah Ann Weibley Benner, bom
August 24, 1998.
4. The child was bom out of wedlock.
5. Since the birth of the child, the child has resided at the following locations with the
following persons:
a. From birth until approximately November of 1998, at Wayne Avenue, Carlisle,
Cumberland County, Pexmsylvania, with the Defendant, Defendant's mother,
and Defendant's two children to a previous marriage, Darvin Benner, Jr., and
b. From Novernber of 1998, until the present, at 124 N. East Street, Carlisle,
Cumberland County, Pennsylvania, with the Defendant herein and the two children,
Darvin Benner, Jr., and Jesse Benner.
6. Neither party is currently in the Armed Forces of the United States or any of its Allies.
7. Neither the Plaintiffnor Defendant are married to one another.
8. Plaintiff believes and therefore avers that it is in the best interests of the child, Sarah
Ann Weibley Benner, that primary physical custody of her be granted unto the Plaintiff
herein, as he is able to care for the day to day needs of the child and provide the
necessary love and affection for the child, subject to periods of partial custody in the
Defendant herein.
WHEREFORE, Plaintiffprays this Court to grant the relief requested by granting primary
physical custody of Sarah Ann Weibley Benner, bom August 24, 1998, unto the Plaintiffherein.
Date:
Respectfully Submitted,
Attorney for Plaintiff
William T. Tully, Esq.
3964 Lexington Street, Suite B
Harrisburg, PA 17109
(717) 540-6833
I.D. #36410
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.A. §4904,
relating to unswom falsification to authorities.
Date:
DAVID K. WEIBLEY,
Plaintiff
KiMBERLY J. BENNER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENN.
NO.
CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I, Tammy L. Kelly, hereby certify that on this date, a true and correct copy of the foregoing
document was served upon all interested parties by first class mail and addressed as follows:
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Kimberly J. Benner
124 North East Street
Carlisle, PA 17013
DAVID K. WEIBLEY :
PLAINTIFF :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-3032 CIVIL ACTION LAW
KIMBERLY J. BENNER
: IN CUSTODY
DEFENDANT
ORDER OF C__OURT
AND NOW, Monday, June 30, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 301 Market Street, Lemoyne, PA 17043 on Monday, August 04, 2003 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 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: Is~ Melissa P. Greevy, Esq. Ca
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
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TttE 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
~NVA'~ASNN~
DAVID K. WEIBLEY,
Plaintiff
V.
KIMBERLY J. BENNER,
Defendant
HESS, J.---
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3032 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OFCOURT
AND NOW, this ~ J ~ day of August, 2003, it is hereby ordered that the above
captioned action is consolidated with the prior action in this matter docketed to No. 98-7291
Civil Term.
Dist:
BY THE COURT:
A, Hess, J.
William T. Tully, Esquire, 3964 Lexington Street, Suite B, Harrisburg, PA 17109
Michael J. Whare, Esquire, 155 S. Hanover Street, Carlisle, PA 17013