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Home My WebLink About07-3899 JEREMIAH L. BINTNER, : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. d7 - 3p ` ~ l.. i c~ ~ C.~FJ'Lh-- SHAWNY R. BEALL, :CIVIL ACTION -LAW Defendant. : IN CUSTODY COMPLAINT FOR CUSTODY AND COMES NOW, JEREMIAH L. BINTNER, by and through his attorney, Thomas M. Clark, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. Plaintiff is Jeremiah L. Bintner, an adult individual who currently resides at 3308 Brentwood Court, Powell, Ohio 43065. 2. The Defendant is Shawny R. Beall, who currently resides at 231 A Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks shared legal custody and primary physical custody of the following child: Zace Lee Bintner, born on February 12, 2007. The child was born out of wedlock. The child is presently in the physical custody of Plaintiff. 4. During the past five years, the child has resided with the following persons and at the following addresses: Dates Address Persons A. June 2007 3308 Brentwood Court Father to Present Powell, OH 43065 B. Birth to 231 A Lincoln Street Father and Mother June 2007 Carlisle, PA 17013 The father of the child is Jeremiah L. Bintner, currently residing at 3308 Brentwood Court, Powell, Ohio 43065. The mother of the child is Shawny Beall, currently residing at 231 A Lincoln Street. Carlisle, Cumberland County, Pennsylvania. 5. The relationship of Plaintiff to the child is that of father. 6. The relationship of Defendant to the child is that of mother. 7. Plaintiff has not participated as a party in other litigation concerning the custody of the child in another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state 8. Plaintiff does not know of a person not a party to the proceedings who has pl~ysical custody of the child or who claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting Plaintiff shared legal and primary physical custody of the child. 10. 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, Plaintiff respectfully requests This Honorable Court to award him shared legal custody and primary physical custody of the minor child with partial physical custody to Defendant. Respectfully submitted, WILE NOX, COLGAN & MARZZACCO Dated: G is' ~ ~- Thomas M. Clark, Esquire ID # 85211 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that JEREMIAH L. BINTNER, : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. . No. BRAWNY R BEALL, :CIVIL ACTION -LAW Defendant. : IN CUSTODY false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ~ ' 2~` 7 Bintner ~~~ '`~ ~.r~ v c a a ~ ~ ~ ~ ~ ~ ~ ~ ,~~- n `~ i C ~~.. ~. ~ ,~,, ii 411-~-~ F.. ~~ ~` ~._t_ ~~.~., JEREMIAH L. BINTNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 07-3899 CIVIL ACTION LAW SHAWNY R. BEALL 1N CUSTODY DF.,FENDANT ORDER OF COURT AND NOW, Monday, July 23, 2007 ,upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 02, 2007 __ at 8:30 AM for aPre-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/ ac ueline M. Verne 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. 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, CJO 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 -~, ~ , , ~, :: - ~ ~, ~~ '..~ Y'~~^It~ t,ilUG 1 Jt ~,ii 1.1 ; _ ..:'..- ._~ , _.~ ii i JEREMIAH L. BINTNER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.: 07-3899 CIVIL TERM SHAWNY R. BEALL, :CIVIL ACTION -LAW Defendant IN CUSTODY RETURN OF SERVICE A~1G~3T ~66'T On the _~ day of Jam; -995, I, David Rudy, Process Server, served SHAWNY R. BEALL, with the Complaint for Custody filed June 27, 2007, Order of Court dated July 23, 2007, and August 1, 20071etter from Thomas M. Clark rescheduling the Conciliation/Pre-Hearing Conference for August 28, 2007 at 9:30 a.m. by l~iAdl7~,NC ~~a~~y To Auwy ~~~~ (manner of service) at 0?3l fA ~~/uCr~~~3 5T Cw~t~t5C.4. at S!S (~ .m. (time of service). I verify that the statements in this return of service 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 unsworn falsification to authorities. Date: o O -rt v ~..~ _, i,? .? t' P ~ ~ ~ Vi L' y- r,- W ~~ d .~- Al1G 2 82007~Zj JEREMIAH L. BI]~iTNER, : IN THE COURT OF COMMON -PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2d07-3899 CIVIL ACTION -LAW SHAWNY R BEALL, Defendant IN CUSTODY ORDER OF COURT AND NOW, this '" day of , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Jeremiah L. Bintner and the Mother, Shawny R. Beall, shall have shazed legal custody of Zace Lee Bintner, born February 12, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regazding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each pazent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that paren# shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medicaUtreatment planning meetings and evaluations with regazd to the minor child.. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each pazent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Father shall have primary physical custody of the child. 3. Mother shall have periods of partial physical custody on alternating weekends beginning Thursday, September 6, 2007 at 10:00 p.m. to Saturday at 4:00 p.m. 4. The parties shall alternate transportation, with Father being responsible for the first weekend. 5. The parties shall alternate Thanksgiving with Mother having odd numbered years and Father having even numbered years. 6. The parties shall share the Christmas holiday as agreed. 7. 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 the absence of mutual consent, the terms of this Order shall control. J. cc: omas M. Clark, Esquire, Counsel for Father hawny R. Beall, pro se 231 A Lincoln Street Carlisle, PA 17013 iF` ~~ Y~V;I i'.J ~~ 4u ~~~ 4~~~ ~1~lS.t.l~~ .~i~ ~Q ;~~~~~~~ .~ JEREMIAH L. BINTNER, Plaintiff V. BRAWNY R BEALL, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-3899 CIVIL ACTION -LAW IN CUSTODY 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 Zace Lee Bintner February 12, 2007 Father 2. A Conciliation Conference was held in this matter on August 28, 2007, with the following in attendance: The Father, Jeremiah L. Bintner, with his counsel, Thomas M. Clark, Esquire, and the Mother, Shawny R. Beall, pro se. 3. The parties agreed to an Order in the form as attached. 6' ~ak-v , Date c9 ine M. Verney, Esquire Custody Conciliator