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Home My WebLink About99-05923i r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. KING, DANIEL G. KING, Plaintiff V. Defendant TO THE PROTHONOTARY: NO. 99-5923 CIVIL CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please reinstate the Complaint in Divorce filed in the above-referenced matter on September 28, 1999. Date: I Respectfully submitted, Cindy S. Conle Esquire HO WE INGER & C EY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Heather A. King '? y -j '? "r i . . ma O y. U v a-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. KING, Plaintiff V. DANIEL G. KING, Defendant TO THE PROTHONOTARY: NO. 99-5923 CIVIL CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please reinstate the Complaint in Divorce filed in the above-referenced matter on September 28, 1999. Date: QQ Respectfully submitted, Donald T. Kissinger, Esquire HOWETT, KISSINGER & CO EY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Heather A. King ?? - ;,,' _ ` =: iJ i? i ?/l w V ._ `? J . ?5 ;? y? a_u.?, 'i-;,^y; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. KING, ) Plaintiff ) V. ) NO. 99-5923 CIVIL DANIEL G. KING, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PRAECIPE TO THE PROTHONOTARY: . Please reinstate the Complaint in Divorce filed in the above-referenced matter on September 28, 1999. submitted, Date: 6D Donald T. 'ssinge , Esquire HOWETT, KISS?NQ ER & CO EY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Heather A. King N ('7 5 !;' ?rM ILj v 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. KING, Plaintiff V. DANIEL G. KING, Defendant NO. 99-5923 CIVIL CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in Divorce filed in the above-referenced matter on September 28, 1999. Date: Respectfully submitted, Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Heather A. King r ' ? ,. " -' ? = .U V li :? yfE yY? %1. III 1 Cl . Vii. (n? ? 1 O H w >o a ? H za ?F1. HC O 3 W z ? ? 00 I f F UO 2 ? O .QZ F ? U 6 ?wa p ? ? G1 f Q C) (l. 0 ('J C._ tr; , IA 1 '.1 ?(n Ii ?j !Iy w W .N C ro w z H Q xa E x ?J V ? ~ V C v, ro ?+ v ? w O w A Ca z rz-I H x Iay > C.7 1.7 W z v a G ? ? o Ty ?? 0 U a o z O ?, c ? m ?y W O S/ C x ? ? ? u i O z r w a 3 0 ti ° p m Y-d" a Y Si w O x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. KING, Plaintiff ) NO. c1vrL t- ) DANIEL Cr. KING, ) CIVIL, ACTION - LAW Defendant ) IN DIVORCE NOTICE. TO DEFEND AND CLAIM RIGHTS You have been sued in court. if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIG[ IT TO CLAIM ANY OF THFM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO'f }PAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI I BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 'Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 -I'he Court of Common Pleas of Cumberland County is required bylaw to comply With the Americans with Disabilities Act o f t 990. For infonnation about accessible facilities and reasonable acconunodations available to disabled individuals having business before the court. rs prior ur busi nessbefotre the cOlrO All 1 i? utrnust attend tile scheduled conferenceror hearing, any hearing IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. KING, Plaintiff ) V. ) NO. CIVIL 1999 DANIEL G. KING, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Heather A. King, by and through her counsel, Howett, Kissinger & Conley, P.C., who states the following in support of the within Complaint: Plaintiff is Heather A. King, an adult individual who currently resides at 524 Park Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Defendant is Daniel G. King, an adult individual who currently resides at 524 Park Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on June 2, 1990 in New Cumberland, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States of its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I -DIVORCE PURSUANT TO §3301(c) or (d) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301 of the Divorce Code. COUNT II -DIVORCE PURSUANT TO §3301(a)(6) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiffs condition intolerable and life burdensome. 12. This action is not collusive. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree in divorce pursuant to §3301(a)(6) of the Divorce Code. 2 COUNT III - EQUITABLE DISTRIBUTION 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT IV - ALIMONY AND ALIMONY PENDENTE LITE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment and requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 17. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony until final hearing and permanently thereafter. COUNT V - COUNSEL FEES EXPENSES AND COSTS OF SUIT 18. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 19. Plaintiff has retained an attorney to bring this action and has agreed to pay him a reasonable fee. 20. Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 21. Plaintiff is not financially able to meet either the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. WHEREFORE, Plaintiff requests the Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate, COUNT VI - EXCI IISIVF onc? nF FAMILY HOME 22. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 23. In accordance with Section 401(h) of the Divorce Code, 23 P.S. 8401(h), the Court may award to one of the parties the right to live in the family home. WHEREFORE, Plaintiff respectfully requests that the Court order that she be entitled to the exclusive use of the family home on both an interim and permanent basis. COUNT VII - CONTINIEMAINTENANCEAND BENEFICIARY 3 . 1 NATIONS OF EXISTING POLICIES INSURING LIFE AND HF.AI,TH OF DEFENDANT AND OF RFTIREMENT FUNDS 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 25. During the course of the marriage, Defendant has maintained certain life and health insurance policies and retirement funds for the benefit of Plaintiff. WHEREFORE, Plaintiff respectfully requests that the Court enter an order directing Defendant to continue to maintain policies of life and health insurance and retirement funds for the benefit of Plaintiff. COUNT VIII - REQUEST FOR CUSTODY AWARD UNDER $3104(a)(2) AND 53323(b) OF THE DIVORCE CODE 26. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 27. The parties are the parents of the following children: Bailey A. King, date of birth January 25, 1995, and Tanner G. King, date of birth June 25, 1997. 28. During the past five years, the children have resided with the parties at 524 Park Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070. 29. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 30. There are no other proceedings pending involving custody of the children in this or in any other state. 31. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 32. Sole custody isolates the children from the non-custodial parent. 33. The best interests of the children require that open and meaningful access be maintained with each parent and that they have a relationship with each parent. 5 34. The children have developed emotional attachment to each parent and the severing of either attachment is not in the children's best interest. 35. Permitting each parent to remain involved in the lives of the children enables the children to share with each parent the intimate contact necessary to strengthen a true parent-child relationship. WHEREFORE, Plaintiff respectfully requests that, pursuant to §3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order awarding custody of the children to the parties. Respectfully submitted, Date: _ z 1t919 Donald T. Kissinger, Esqu HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Heather A. King VERIFICATION I, Heather A. King, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 9/24/99 (1&, /1 L/6 Heather A. King 'el IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. KING, Plaintiff V. DANIEL G. KING, Defendant TO THE PROTHONOTARY: NO. 99-5923 CIVIL CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please reinstate the Complaint in Divorce filed in the above-referenced matter on September 28, 1999. Date: "/ ^a Respectfully submitted, iald Kissinger, squire HOWETT, KISSINGEkA CO EY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Heather A. King ? OI L p" cli ? cz!? U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. KING, Plaintiff V. DANIEL G. KING, Defendant TO THE PROTHONOTARY: NO. 99-5923 CIVIL CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please reinstate the Complaint in Divorce filed in the above-referenced matter on September 28, 1999. Date: ?r-0/ Respectfully submitted, Donald I?Kissinger, Esquire--:-,, HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Heather A. King W C2 ?gZ U ?p 7 a- ? r? 00 ? $ g v 0 e HEATHER A. KING IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL G. KING DEFENDANT 99-5923 CIVILACTIONLAW • IN CUSTODY AND NOW, _ Thursdav April 05 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday Esq the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday May 03, 2001 at 11:00 a.m. 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: _/s/ Dawn 5 mday. Esqx 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 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 Cy ys or YIa .u Z e> mss` O? ? R+•a?ic,' fiS a?eS,u,,.,l ?Q O ?y? W O ? ? C N dI a o? 9 C7 J4 U 4 L] ri J z = M1 U?„S m o a 0Z? i 3 y 3 ? ti S ? ° o m 3 0 m LAW OFFICES OF HOWETT, KISSINGER & CONLEY, P.C. 130 WALNWT STREET POSTOFFICEBOX 810 I IARRISRMO. Pe SYLVANA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. KING, Plaintiff V. DANIEL G. KING, Defendant NO. 99-5923 CIVIL CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, , 2001, upon consideration of the attached motion, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at Pennsylvania, on the day of , 2001, at o'clock -.in. 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. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator 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 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 240-6200 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. KING, Plaintiff ) V. ) NO. 99-5923 CIVIL DANIEL G. KING, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE MOTION FOR APPOINTMENT OF CUSTODY CONCILIATOR AND NOW comes Plaintiff, Heather A. King, by and through her counsel, Howett, Kissinger & Conley, P.C., who states the following in support of the within Motion: Plaintiff Heather A. King filed a Complaint for Divorce on September 28, 1999, which complaint was reinstated most recently on March 8, 2001. 2. Count VIII of that complaint was a Request for Custody Award Under §3104(a)(2) and §3323(b) of the Divorce Code. 3. Plaintiff Heather A. King now seeks entry of a custody order upon the request contained in Count VIII of said complaint. WHEREFORE, Plaintiff Heather A. King respectfully requests that this Court appoint a custody conciliator and schedule a conciliation conference in the above-referenced action. Respectfully submitted, Date: Donald T. K? inger, Esquire ?WET'I KISSINGER & CONLEY, P.C 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Heather A. King IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. KING, Plaintiff V. DANIEL G. KING, Defendant NO. 99 - 5923 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE Donald T. Kissinger, being duly sworn according to law, deposes and says that he is an attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the 9ih day of April 2001, he sent the original of the attached letter, with which was enclosed a certified, time-stamped copy of Dawn Sunday's Order of Court of April 5, 2001 scheduling a conciliation conference for May 3, 2001 at I 1 a.m. in the above-captioned matter, properly endorsed, to the Defendant, Daniel G. King, by certified mail, postage prepaid, return receipt requested, restricted delivery, pursuant to Pa.R.C.P. 1930.4, to 524 Park Avenue, New Cumberland, PA, 17070, the Defendant's last known address, and that the return receipt card which was signed by Daniel G. King, marked as having been delivered to him on April 10, 2001, is attached hereto and made a part hereof. c' LA Donald . Kissinger, Esq ire TT, KISSIN & CONLEY, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Heather A. King SWORN TO AND SUBSCRIBED before me this 18" day of April, 2001. LAW Omcu or HOWETT, KISSINGER & CONLEY, P.C. 170 WALNUT STREET POSTOFFICE BOX $to HAwwiw, PcatnVA U 17101 JOHN C. HO W ETT. JR. DONALD T. KISSINGER CINDY S. CONLEY DARREN J. HOLST DEBRA &I. SHIMP Legal A,f"181 April 9, 2001 VIA CERTIFIED MAIL & REGULAR MAIL Mr. Daniel G. King 524 Park Avenue New Cumberland, PA 17070 Re: King v. King Dear Mr. King: Enclosed for service upon you please find a certified copy of Dawn Sunday's Order of Court of April 5, 2001 scheduling a custody conciliation conference for May 3, 2001 at I 1 a.m. Sincerely, Donald T. Kiss r DTK/dms Enclosure cc: Heather A. King (w/encl) (717) 214-2616 FAX (717) 2)4-5102 HEATHER A. KING PLAINTIFF IN IIIL C'OUR"F OF COWAION PLEAS OF- V. CU,%IBERI.AND000N'"1'1., PENNSYLVANIA DANIEL G. K[NG DEFENDANT 99-5923 CIVIL ACTION LAW IN CUSTODY t)12DF8 OF 'O RT AND NOW, IIIursdav April 05.2001 _ it is hereby directed that parties and respect `i app ?u etnf consideraS. Sunday, tion of the attached Complaint, uns at 39 {Vest Main Street, Nfechanicsbur , A. 17055 the conciliator, at 11:00 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort sTl1 be made to r0esoloetthe 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 lice or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ofa 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 43 hours prior to scheduled hearing, FOR THE COURT, By: s--- 2a-un s Sri 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 heating or business before the court, you must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATFOR.VEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONT 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 Pr) Telephone (717) 219-3166 REDO UE COPY FROM t: est,R,ptlj "Inereot. I have unto set 01' e V..al of Bald Counft 91 Js.??-- as of r9?'? 7- V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. KING, Plaintiff V. DANIEL G. KING, Defendant NO. 99-5923 CIVIL CIVIL ACTION- LAW IN DIVORCE ORDER OF COURT AND NOW, , 2001, upon consideration of the attached motion, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at Pennsylvania, on the day of , 2001, at o'clock _.m. 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. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator 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 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 240-6200 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. N THE COURT OF COivl1MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER A. KING, Plaintiff ) V. ) DANIEL G. KNG, ) Defendant ) NO. 99-5923 CIVIL CIVIL ACTION - LAW N DIVORCE MOTION FOR APPOINTMENT OF CUSTODY ONCILI4TOR AND NOW comes Plaintiff, Heather A. King, by and through her counsel, Howett, Kissinger & Conley, P.C., who states the following in support of the within Motion: 1. Plaintiff Heather A. King filed a Complaint for Divorce on September 28, 1999, which complaint was reinstated most recently on March 8, 2001. 2. Count VIII of that complaint was a Request for Custody Award Under §3104(a)(2) and §3323(b) of the Divorce Code. 3. Plaintiff Heather A. King now seeks entry of a custody order upon the request contained in Count VIII of said complaint. WHEREFORE, Plaintiff Heather A. King respectfully requests that this Court appoint a custody conciliator and schedule a conciliation conference in the above-referenced action. Respectfully submitted, Date: _ Donald T. Ki finger, Esquire KISSNGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Heather A. King S JUMP 1 ? Paetefe f 1XI r` Cwldied Fee Postmark 7 flnum FiNpt (EreweemMt Reoulroo raa) ,a Reetdctw Dells ry Fee (Endominent FiNulrw) p ToW Pmtp a Fee, $ S Fri flwlpent Neme a Pnnf Clsed) o ae compebtl ey meibq . !11r ..:. ......... ..C2q : °in?................................... Saner, faNa.;wT4arK?LYI U)'..- ............................... R SENDER: I also wish to receive the follow. .i o canq.te tams i nwor z f. additional e.rvtca. Ing services (for an extra fee): Cgnpld4 name 26 4a, eoe w. 0 Pdm year name and wdrasa on the nwme of this form w that we can rettm Oros unto o ua ch =. to the from of the meupau. W mea back sVaa do" na 1. Addressee's Address t mm OWMe'RefwnAaalprflpwalad'an ea meapece eYOwtaWda nuni 2. XAestdcted Delivery n Rwatpt we dew to whom me erode was ddiver4d and to deb 3. Article Addressed to: 4 b" p 4a. Article Number 7a9 3N p6lµ 7StN N8s . r J r• 9 ?'TJQrk r f/.?Lv ,f?111-? ?'p'i,1J -F ark 46. Service Type Registered Carpped ? ? Exprem Mail neured f d? _ ? Return Receipt for Merchandise ?COD N V l ) -r ? / r7 D 7. Date of Delivery APR ' O S. R ved By: (Print Name) ( ? S. Addreswe's Address (Only if requested and fee Is aid) r Q. o . ? ?o p 8. (dr?aie? pCnO , December 1994 toxsespo-rwm lD _ ?,? ? :. t La J J C7 O C) r7 { l HEATHER A. KING, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 99-5923 CIVIL DANIEL G. KING, Defendant IN DIVORCE ORDER OF COURT You, Heather A. King, Plaintiff, have been sued in court to obtain custody, partial custody or visitation of the children: Bailey Ann King (DOB 01/25/95) and Tanner Gerard King (DOB 06/25/97). You are ordered to appear in person before Dawn S. Sunday, Esquire, the conciliator at 39 West Main Street, Mechanicsburg, Pennsylvania, on Thursday, May 3, 2001, at 11:00 a.m., foraPre- Hearing Custody Conference. 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. COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 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. BY THE COURT: Date: J. HEATHER A. KING, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 99-5923 CIVIL DANIEL G. KING, Defendant IN DIVORCE COUNTER-CLAIM TO PLAINTIFF'S COUNT VIII - REQUEST FOR CUSTODY AWARD UNDER §4104(a)(2) AND §3323(b) OF THE DIVORCE CODE - OF THE DIVORCE COMPLAINT I. The Plaintiff is Heather A. King, an adult individual who resides at 1753 Weatherburn Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant is Daniel G. King, an adult individual who resides at 524 Park Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The Defendant seeks primary legal and physical custody of the following children: Name Present Residence Age Bailey Ann King 1753 Weatherburn Drive 6 New Cumberland, PA 17070 Tanner Gerard King 1753 Weatherburn Drive 3 New Cumberland, PA 17070 The children were not born out of wedlock. The children are presently in the custody of Heather A. King who resides at 1753 Weatherburn Drive, New Cumberland, Cumberland County, Pennsylvania 17070, but have had almost daily contact with their father, Daniel G. King, since May 2000. 4. During the past five years, the children have resided with the following persons and at the following addresses: A. Heather A. King (From May 2000 until present) 1753 Weatherburn Drive New Cumberland, PA 17070 B. Daniel G. King and Heather A. King (From birth until May 2000) 524 Park Avenue New Cumberland, PA 17070 5. Themotherofthechildren is Heather A.King, currently residing at 1753 Weatherburn Drive, New Cumberland, Cumberland County, Pennsylvania 17070. She is married. 6. The father of the children is Daniel G. King, currently residing at 524 Park Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. He is married. 7. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: Name Reaationshio Bailey Ann King Daughter Tanner Gerard King Son 8. The relationship of Defendant to the children is that of father. The Defendant currently resides with the following persons: Name Relationship Self 9. Defendant has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Defendant has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Defendant does not know ofa person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 10. On March 30, 2001, without notice to the Defendant, the Plaintiff removed the children from the Commonwealth ofPennsylvania and traveled to the state of Arizona, where she and the children are currently residing with her mother. This has interfered with the older child's school attendance and the mother has indicated that she may return to Pennsylvania sometime after April 10 or 11, 2001. 11. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Defendant has a close relationship with the children and has had active parental involvement with them on an ongoing basis, which should be maintained even though the parties are not living together. B. The behavior of the Plaintiff with regard to these children has not had the proper regard for the children's well being in that she has removed the children from the state for extended visits to the state of Arizona without advance notice to the Defendant. She has been indefinite about her plans to return to Pennsylvania which has resulted in Defendant filing this matter to ensure his continued access to his children. C. Since the time of the parties'separation in May 2000, the parties have had almost daily contact where Plaintiff and Defendant have engaged in family and other social events with father, mother and the children. D. At the present time, based upon Plaintiffs latest actions in removing the children from the state, it appears to Defendant that this marriage is not viable and that Plaintiff will take actions to proceed with a divorce. With this being the case, Defendant believes that the children need the legal protection provided by the Court to ensure that he has regular and frequent access to his children and direct involvement in their day-to-day activities. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Defendant requests the Court to grant primary legal and physical custody of the children to the Defendant, Daniel G. King. Respectfully submitted, LAW OFFICES Kathleen Carey Daley, 1 Attorney No. 30078 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Defendant VERIFICATION I verify that the statements made in this Counter-Claim 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 unworn falsification to authorities. Date: O By: , Daniel G. King .7 F7 JJ W 4 E H A m h o O E •.i W U 7 v 'a tS N N A uF?„ 1 ? ''.u0i? / HEATHER A. KING, Plaintiff Vs. DANIEL G. KING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5923 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 952 OF OOUR1' AND NCW, this 1' ( b day of _ IM - , 2001, upon consideration of the attached Custody Conch ati Report,it is ordered and directed as follows: 1. The parties shall engage in a course of family Counseling with a professional selected by agreement of the parties and counsel. The purpose of the counseling shall be to assist the parties in developing improved communication and conflict resolution and also to assess Bailey's adjustment status with regard to the parties' separation. The parties shall follow the recommendations of the counselor with regard to the frequency and duration of the counseling sessions. All costs of counseling, which are not reimbursed by insurance, shall be shared equally between the parties. 2. The Mother, Heather A. King, and the Father, Daniel G. King, shall have shared legal custody of Bailey Ann King, born January 25, 1995, and Tanner Gerard King, born June 25, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. Pending completion of the family counseling and further order of Court or agreement of the parties, the parties shall have custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children on alternating weekends when school is in session from Friday at 11:00 a.m. through Monday at 8:15 a.m. when school is not in session, the Friday exchange of custody shall take place at 1:00 p.m. and the Monday morning exchange shall occur at 9:00 a.m. The Father's weekend periods of custody shall begin on Friday, May 11, 2001. B. During weeks following the Father's weekend periods of custody, the Father shall also have custody of the Children from Wednesday at 4:00 p.m. through Friday morning at 8:15 a.m. (when school is in session) or 9:00 a.m. (when school is not in session). .J Ill f? i ? ?..?:'.i?:?J -. i Cu;?..... `: i 1 t'c :??'oYL`.':':i??'A C. The Father shall have custody of the Children on Memorial Day 2001 and shall retain custody following his regular weekend period through Tuesday, may 29, 2001 at 8:15 a.m. if school is in session or 9:00 a.m. if school is not in session. The Father shall also have custody of the Children on Father's Day and Labor Day in 2001, with the specific times to be arranged by agreement of the parties. D. The Mother shall have custody of the Children in 2001 on Mother's Day from 11:00 a.m. until 2:00 p.m. and on the July 4th holiday with the specific times to be arranged by agreement of the parties. E. The Mother shall have custody of the Children under the regular schedule at all times not otherwise specified for the Father in this provision. 4. During the summer school break in 2001, each party shall be entitled to have custody of the Children for vacation for up to 14 days, with no more than 10 days to be scheduled consecutively (to include periods of regular custody which fall immediately preceding or following the vacation period). Each party shall provide the other party with at least three weeks written advance notice of his or her selection of vacation dates. On or before may 17, 2001, the Father shall notify the Mother of the vacation dates he has selected and the Mother shall respond with her selection after that time. 5. In the event either party intends to remove the Children from his or her residence for an overnight period or longer, that party shall first notify the other party in writing of the address and telephone number where the Children can be contacted. 6. All custody exchanges under this Order shall take place at St. Theresa's School, unless otherwise agreed by the parties. 7. Counsel for either party may contact the Conciliator by October 1, 2001 to schedule an additional Custody Conciliation Conference, if necessary. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent in writing. In the absence of mutual written consent, the terms of this Order shall control. <0-ok cc: Donald T. Kissinger, Esquire - Counsel for Mother Kathleen Carey Daley, Esquire - Counsel for Father BY THE COURT, HEATHER A. KING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5923 CIVIL TERM DANIEL G. KING, CIVIL ACTION - LAW Defendant IN CUSTODY a1ST 7DY 0=1LIATIC H SUMMARY REPC RT IN ACCORDANCE WI'T'H CUBERLAND COUNTY RULE OF CIVIL PROCEDEI E 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Bailey Ann King January 25, 1995 Mother Tanner Gerard King June 25, 1997 Mother 2. A Conciliation Conference was held on May 3, 2001, with the following individuals in attendance: The Mother, Heather A. King, with her counsel, Donald T. Kissinger, Esquire, and the Father, Daniel G. King, with his counsel, Kathleen Carey Daley, Esquire. 3. The parties agreed to entry of an order in the form as attached. Date 9 rq-[Y) / and C C c z Custody Conciliator