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HomeMy WebLinkAbout04-2450KIM L. CASEY, Plaintiff Vo ELIZABETH A. CASEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. NO. : CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Klm L. Casey, residing at 135 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Elizabeth A. Casey, at 840 North Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks primary legal and physical custody of the following children: NAME PRESENT RESIDENCE D.O.B. Karlie Casey 840 North Pitt Street 12/19/1990 Carlisle, Pennsylvania Rylinn Casey 840 North Pitt Street 05/04/1995 Carlisle, Pennsylvania Karsyn Casey 840 North Pitt Street 04/04/1997 Carlisle, Pennsylvania The children were not bom out of wedlock. The children are presently in the custody of Elizabeth A. Casey who resides at 840 North Pitt Street, Carlisle, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: NAME Klm L. Casey (Father) Elizabeth A. Casey (Mother) RESIDENCE 840 North Pitt Street Carlisle, Pennsylvania DATE Birth- 05/04/04 05-04-04 - Present Elizabeth A. Casey (Mother) 840 North Pitt Street Brian Reall (Mother's Boyfriend) Carlisle, Pennsylvania The mother of the children is Elizabeth A. Casey, currently residing at 840 North Pitt Street, Carlisle, Pennsylvania. She is married. The father of the children is Klm L. Casey, currently residing at 135 East North Street, Carlisle, Pennsylvania. He is married. 4. The relationship of Pla'mtiff to the children is that of father. The Plaintiff currently resides with no other person/persons. 5. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following person/persons: NAME RELATIONSHIP Brian Reall Boyfxiend Karlie Casey Daughter Rylinn Casey Daughter Karsyn Casey Daughter 6. Pla'mtiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff does not know of a 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. 7. The best interest and permanent welfare of the children will be served by granting the relief requested. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, the Plaintiff, Klm L. Casey, requests the court to grant primary legal and physical custody of the minor children, Karlie Casey, Rylinn Casey and Karsyn Casey, to him. Date: JAMES, SMITH, DIETTERICK & CONNELLY LLP Attofiae~ laintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: Klm L. Casey, Plaintiff KlM L. CASEY : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 04-2450 CIVIL ACTION LAW ELIZABETH A. CASEY : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, June 09, 2004 , upon cons:[deration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betbre Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on Wednesday, July 14, 2004 at 10:30 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 vresent at the conference. Failure to av-0ear 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 hearin!~. FOR THECOURT, By: /s/ Dawn S. Sunday. Esq mhc 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 accessibi[e 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 K~'vi L. CASEY pl~dntiff VS. ELIZABETI:I A. CASEY Defendant llq TI-lB COL~T OF coMMON pLEAS OF cUMBERLAIqD coUNTY, pENNSYLYANIA 04-2450 CIVIL ACTION LAW 15q cUSTODY , 2004, upon ~ day of ~_~~... _ ~;llowS: ~D ~o~, ~-~ ~av ConciBatton~v ' consideration of ~e attached cusmuj · · C~l~ken, ~d ~Y other individuals deemed The p~ies sh~l subm¢ thyselves, ~e~r minor other 1. . . The p~ose of the evaluation shall be necess~ by ~e evaluator to a custody eval~tion to be performed by Debor~ Salem or professional selected by a~eem~t of ~e p~xes ~d co~Sel ~mgements which wig to obta~ independent professional reco~endat~ons ~ to ongoing custody au~ofizations deemed p~ies shall si~ ~Y best se~e the needs ~d interests of the C~l~en. Th~ ..... ,;~ ne~ai~ng to the p~ies or the necessaU by ~e evaluator in order to obt~n additiona~ mmm a[,~-- r . Chil~en. ~e costs of ~e evaluation shall be sh~ed equ~ly 'be~e~ ~e p~es. legal C~ey, ~d ~e Mo~er, Elizabe~ A. Casey, shall have sh~ed 2. ~e Fa~er, ~m L. 1990, Ryli~ C:~eY, bom May 4, 1995, .md.. . . . · fiteir health, education ~d religion. K~s~ Casey, bom ~] - ~aio; non-emergency d . . : · . all dec~stons reg~d~ -",~ed to all records ~d info~atio~ the other p~ent, to m~e m~ t,, j . · · '~cluding, but not hmtted to, ~ each p~ent snot ~e emt[~ ¢emg m _ '~e t~s of ~s pga~aPn pursuit to m ...... . - ~:-~ ~ut not limited to, school ~d medical records ~d info,at,on. pe~aining to the umtaren mctuam~, ~ a~eement of the . ,~.;~ ~f ~e custody evaluation ~d ~her Order of Cou~ or 3. penoing compt~ ..... p~ies, ~e p~ies shall have physical custody of the C~ldxen ~ follows: alternating week,ds, begi~ing shall have custody of ~e Chil~en on a.m., when the Father shall A The Fa~er 4:30 p.m. ~ou~ Monday at 8:00 ' ' · re~ed to ~e Mother. ~ the event ~e Father ~s luly 23, 2004, ~om Friday at da morning, ~e Father ~e ~e C~l~en . . ~l~en on Mon ~ other's m e ~gements to ~,~ ea ~ponat~on o~r ~e C} ,uo ~o~er, to ether the M . --~ .... ~a ~gent~t ..... r - '-u ~or noUCe to ut~ .,- ~en the school ye~ beans, ~abte to ~ ~;1~ before wor~, wm~ v'- shall re~ t~e ~m. , c~e~ver ~ directed by ~e Mo~er. residence or ~e C~l~en s ad]us~ts to ~e ~gements to ensue that the C~l~en the p~ies sh~l m~e ~e necess~ ~e returned prior to ~e be~~g of the school day. B. The Father shall have custody of the Children every week from Wednesday at 4:30 p.m. or before the Father g, oes to work in the same manner through Thursday morning at 8:00 a.m. _uA.,,;,,,, the Father's weekends as the return exchange of custody on Monday morning fora, ..... , --- - ' C. The Father may have custody of the Children at any addititonal times as arranged by agreement between the parties. D. The Mother shall have custody of the Children at all times not otherwise specified for the Father in this provision. E. The alternating weekends shall begin with the Mother having custody of the Children on July 16, 2004. F. The Father shall have custody of the Children over the Labor Day weekend in 2004 which. shall include the Father's regular weekend period of custody and shall end on Tuesday morning before school. G. The Mother shall have custody of the Children over Th~atksgiving in 2004 from the Wednesday before Thanksgiving through the following Friday and the party who has custody under the regular alternating weekend schedule shall have custody for the weekend. 4. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 5. The parties may modify the custody schedule provided in this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: John J. Connelly, Jr., Esquire - Counsel for Father p. Richard Wagner, Esquire - Counsel for Mother ,~,W~ICNOHiO~W ~Hi ~0 KIM L. CASEY Plaintiff VS. ELIZABETH A. CASEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2450 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT, PROCEDURE 1915.3-8, the undersignea custoay cone .......... 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: _NAME Karlie Casey Rylinn Casey Karsyn Casey DATE OF BIRTH December 19, 1990 May 4, 1995 April 4, 1997 CUR]gENTLY IN CUSTODY OF. Mother/Father Mother/Father Mother/Father 2. A conciliation conference was held on July 14, 2004, with the following individuals in attendance: The Father, Kim L. Casey, with his counsel, John J. Cormelly, Jr., Esquire, and the Mother, Elizabeth A. Casey, with her counsel, P. Richard Wagner, Esquire. 3. The parties agreed to entry of an Order in the foma as attached providing for a custody evaluation. Although the Father is seeking more custodial tirae with the Children, the conciliator's recommendation as to temporary custody arrangements pencling completion of the evaluation is intended only to maintain the existing schedule temporarily in contemplation of adjustments following the evaluation process. Dawn S. Sunday, Esqu Custody Conciliator