IN THE COURT OF COMMON PLEAS

LICKING COUNTY, OHIO

CIVIL DIVISION


MICHAEL HECKMANN ) Case No. 2014 CV 00034
P.O. BOX 8635, 712 Mt. Vernon Road )
NEWARK, OHIO 43055 )
Plantiff, )
)
- vs.- ) JUDGE THOMAS MARCELAIN
) MAGISTRATE MATTIE KLEIN
)
KIM BEEM )
7096 BAYTON PLACE ) APPLICATION TO SEAL A
NEW ALBANY, OHIO 43054 ) CIVIL RECORD PURSUANT
Defendant ) TO THE SUPREME COURT
) OF OHIO, CASE NO.
) 2012-1235, SCHUSSHEIM V.
) SHUSSHEIM



Now comes the Defendant, Kim Beem, pro se, moves this Honorable Court to
expunge and seal all of the civil records, including those made available on the
internet, most specifically, the Countys website, under CourtView. Defendant
acknowledges that there is no statutory authority to expunge or seal records concerning
petitions for civil stalking orders. The statutory authority for expungment exists with
respect to criminal records pursuant to Ohio Revised Code 2953.32. Defendant seeks
this action relying on the Supreme Court decision of October 16, 2013 in Schussheim v.
Schussheim, Case No. 2012-1235. that a trial court has the inherent authority to grant
an application to expunge and seal a record of a dissolved civil protection order in an
adult proceeding when unusual and exceptional circumstances exist and when the
interests of the party seeking expungement outweigh the legitimate need of the
government to maintain the records.


Unusual and Exceptional Circumstances

The Defendant seeks consideration of the following to support Unusual and
Exceptional Circumstances:

The petition for the order in this case was a civil stalking rather than a CPO,
only because the the parties are not related so there should be no difference in
the application of Schussheim. The Justices discussed various protection orders
in the oral arguments.

The ex parte order was not granted and Plantiff failed to appear for the full
hearing. Defendant appeared and did so with counsel at considerable expense.

The difference between the manner in which Licking County, where the
Plantiff resides, and Franklin County, where the Defendant resides, are
unintentionally but inherently detrimental and discriminatory to the Defendant.
In Licking County, even if the ex parte order is denied, the notice of the full
hearing is delivered via the sheriffs office. Even though the Plantiffs
allegations are false, Defendants neighbors were able to witness the sheriffs
cruiser pull up in front of her home and serve papers. In Franklin County, the
hearing notice is delivered via certified mail. Heckmann alluded service by not
picking up the certified mail regarding the December 9, 2013 hearing until
December 11
th
and still has not picked up the notice of the continuance hearing
scheduled for February 3, 2014. Because he picked up the notice on December
11
th
, he was well aware of the action in Franklin County prior to his false
allegation before the magistrate in Licking County on January 14, 2014. He
only received certified mail notifications and was not subjected to the same
embarassment that the Defendant was when served. Additionally, in Licking
County the case was placed for public viewing on CourtView and remains there
showing the case was dismissed due to the Plantiffs failure to appear. Plantiff
can claim any story he likes about what happened and refer people to the public
site for viewing. Additionally, anyone can access and make the determination
that the Defendant was involved in some sort of wrongdoing or there would be
no hearing, which is not at all factual. The internet posting inherently harms
the Defendants good name and causes the potential for unwarranted
punishment whether it be by another court, law enforcement, creditors,
potential employers, and others. Justice William ONeill addressed the issue of
negative comments placed on the internet in oral arguments in Schussheim.
Conversely, in Franklin County, the public view of the matter is only available
during the first 24 hours of the filing then it is hidden from public view until
after the hearing is complete. As long as the Plantiff alludes service, there will
be no internet viewing of the action. Both in service and in records, the
differences in the practices of the Counties create an unfair situation to this
Defendant.

The Plantiffs petition was retalitory in nature as the Defendant had filed for a
protection order in Franklin County on December 3, 2013 and then a
continuance on December 9, 2013 when the Plantiff did not appear as he was
not served. The hearing is scheduled for February 3, 2014. Please note, in
Franklin County, when the ex parte petition is not ordered, the hearing notice is
delivered by certified mail rather than by the Sheriffs office due to the volume
of orders. Please refer to detailed information on this matter.*

The Plantiffs petition was maliciously untrue. In the Franklin County hearing
on February 3, 2014, Heckmann was unable to produce admissible evidence to
with the respect to the allegations he made before the Licking County Court in
his petition.

Defendant has never had a sexual interest in the Plantiff. Plantiff
misrepresented his identity most of the time Defendant had interacted with him.
He used the name Troy Hansen and projected himself as a very flamboyant
gay man, who had a friend who had been wronged by the Licking County
Prosecutors office over a zoning issue in Licking Township. Defendant
thought of Troy Hansen as she would any of her female friends and enjoyed
girl talk with him. Hansen knew the Defendants long time gentleman
friend, Dana Sturm, had died suddenly of a massive heart attack on 09/29/12.
Hansen also knew the Defendant had met a man in late August of 2013 but
was struggling with that relationship because she was still mourning the loss of
Sturm. Hansen and the Defendant had discussed on more than one occasion
that she preferred older men and the new man was only 3 years older than her.
Plantiff is approximately 11 years younger than the Defendant. She would
never have considered him sexually because she was in no way attracted to
him, knew he was gay, and the age difference. Defendant did not learn the
Plantiffs true identity until she agreed to meet with Troy Hansens friend,
Michael Heckmann, on October 1, 2013 to help him organize some paper work
before he was to meet with a Cleveland attorney. Hansen had put Heckmann
in touch with the Defendant initially in August to review some of his papers via
email and later phone conversations strictly about the materials sent. Defendant
even chatted with Hansen about the fact that she thought Heckmann wasnt
very bright and very scatterbrained. Defendant realized very quickly when they
met that Troy Hansen and Michael Heckmann were the same person. As he
knew Defendant had no issue with being friends with a gay man, he was
comfortably able to share that he used the Hansen personna to be openly gay
and discuss issues about the County. Because his business ventures catered to
children (The Freaky Forest and dressing up as the Easter Bunny and Santa
Claus to go to entertain children in their homes) and because he felt his friends
from Newark Catholic would not be accepting, he created the separate
personna. Defendant and Plantiff even talked about his live in lover, Quinn,
who works at the Olive Garden. Plantiff also alluded to his connections with
Prosecutor Oswalt (non-verbals such as winking). Realizing he may not have
wanted to disclose so much information about Oswalt, he later said he had the
prosecutors private cell because of landscaping work he had done for him.
Oddly, Plantiff was rather flirtatious with Defendant when they met, bought
dinner, and brought a gift. Later that evening, they had a private online chat
about it because Defendant found Plantiffs behavior confusing and wanted to
kindly make sure that he had no illusions about the situation. Plantiff asserts
tagging in posts the social media site used only allows tagging among
friends and Defendant unfriended both Troy Hansen and Michael Heckmann
in October, noting Heckmann had sent a friend request to the Defendant after
their dinner meeting. Additionally, Defendant chooses to post to friends only
as opposed to Troy Hansen who was reported to the social media site for his
public posts harrassing Defendant. The monitors agreed; the public post was
removed. In retaliation, Hansen began referencing Defendant as crazy or
bat-shit crazy. Neither Defendant nor her counsel were able to decipher most
of the Plantiffs comments in his petition and since he failed to show up for the
hearing, clarification to defend is not possible.

As further proof that Hanson and Heckmann are one in the same, the
properties of the photos of Licking Township Trustee Joe Hart and Fiscal
Officer Andrea Lynch show they were taken on November 6, 2013. Those
photos were included in the harassing emails Plantiff sent to the Defendant on
November 27, 2013. On November 6, 2013, Troy Hansen posted on social
media Nothing like picking up a records request and getting your photo taken.
God love them.

Finally, the Defendant asks the Court to consider that she was falsely accused
by the Plantiff in his retaliation, her actions in the Franklin County Court were
in self-defense of Plantiffs tormenting behaviors, and certainly far less than
those of the Defendants/Respondents in Schussheim v. Schussheim and Pepper
Pike v. Doe, who were granted the relief she seeks.





*Detailed information on Retaliation:

Defendant made clear that she wanted no further contact with Plantiff and
blocked him on social media on October 28, 2013. Defendant had caught
Plantiff in many lies and wanted nothing to do with him. One of Defendants
friends had also offered Plantiff asssistance but he found the same issue with
Plantiffs lack of honesty. Plantiffs style is aggravating and provoking when
you dare to challenge what he says and claims you are attacking him. The other
party also had cut ties with Plantiff. Plantiff contacted Defendant on that same
date via email after she blocked him on social media. The written discussion
ended with Defendant writing YOU NEEDNT CONTACT ME AGAIN.
Defendant immediately forwarded a separate email that proved one of the many
false allegations the Plantiff made in the discussion was untrue. Plantiff and
Defendant had no contact until November 27, 2013 when the Plantiff initiated
contact via email. Defendant expressed her lack of interest in anything Plantiff
had to say. Defendant repeatedly advised Plantiff during the exchange not to
contact her again.. Plantiff persisted. Defendant advised Plantiff if he
continued to persist, she would contact the police. Plantiff responded
attempting to further provoke Defendant, including a claim that Defendant
iniated the contact even though the email chain proves he contacted her and
persisted. Plantiff said he was filing a report with the Licking County Sheriffs
Office. Defendant immediately contacted the Columbus Police Department.
Noting this occurred in the late evening hours on the Wednesday before
Thanksgiving. The police officer arrived at Defendants home and with her
reviewed the emails. The officer advised her to go to the Columbus City
Attorneys office on Monday for further action and the report would be
available for the attorney to review. Defendant went to the City Attorneys
office late Monday afternoon. The intake attorney provided her with
information to secure a civil stalking protection order so if he did this again, he
could be arrested, and indicated it would be too late for her to secure that day.
Defendant went to the Franklin County Court the following day to seek the
protection order. When the Magistrate asked her if the Plantiff was violent, she
responded that she could not honestly say that she had knowledge of that. The
Magistrate did not grant the ex parte order but scheduled a full hearing, which
the Defendant thought was a fair and reasonable approach. The hearing was
scheduled for December 9, 2013.

In preparation for the hearing on the 9th, Defendant recalled that the tormenting
emails of the 27
th
had something to do with a claim that Plantiff was under
investigation by the Licking County Sheriffs Office for making records
request, which seemed odd. On December 4
th
, Defendant contacted the sheriffs
office to see if there was a recent report and secured the same. After reading
the report, Defendant became very concerned because it appeared that he was
physically stalking the Licking Township Trustee and Fiscal Officer rather than
the cyber stalking/menancing with which Defendant was experiencing.
Defendant emailed Asst Prosecutor Mark Zanghi and later Fiscal Officer
Andrea Lynch. The primary purpose of contacting Lynch was the report
showed they were bracing for Plantiffs escalating behavior and Defendant was
concerned that serving of the notice from Franklin County might set Plantiff
off. Defendant was concerned with the safety of both herself and the Fiscal
Officer.

The Defendant had secured Plantiffs address via the Licking County Municipal
Court website as he had a seat belt conviction in August of 2013. When the
order was not served, Defendant researched further and found that the address
the Plantiff used was his mothers address. Further research showed a great
deal of civil legal activity for the Plantiff, including the Riesbeck case before
Judge Branstool with a default judgement in which the Plantiff has repeatedly
avoided service. Just as he did when he filed for this petition, he uses a P.O.
Box. Defendant became aware that the Riesbecks attorney had found another
address and Defendant advised the Franklin County Clerk of Courts
accordingly. The Clerks office has confirmed that the original notice was
picked up 2 days after the hearing. The continuance notice which was sent to
both the Mount Vernon Road and Golden Avenue addresses has never been
picked up. The bailiff was prepared to serve the Franklin County notices to the
Plantiff at the hearing on January 22
nd
but he did not appear. Additionally,
LCSO Deputy Dan German was present at the hearing as he too has papers to
serve to the Plantiff. Defendant cooperated fully with the Magistrate and
Deputy on her knowledge of Plantiffs address issues. The addresses are 829
Golden Drive, Newark, Ohio 43055, shown in Municipal Court records is his
mothers address per the auditors site. Current address appears to be 712 Mt.
Vernon Road, Newark, Ohio 43055 per updates in CourtView of the Riesbeck
case 2013 CV 00572. Noting the Riesbecks hearing notice was finally served
via a process server.





Respectfully submitted:


______________________________
Defendants Signature

______________________________
Defendants Printed Name


7096 Bayton Place
New Albany, Ohio 43054
_________________________
Defendants Address