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HomeMy WebLinkAbout03-1695JOSEPH T. LUTCAVAGE, Plaintiff VS. HEATHER L. POPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, JOSEPH T. LUTCAVAGE, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is JOSEPH T. LUTCAVAGE, who currently resides at 213 Louis Lane, Enola, County of Cumberland, Pennsylvania. 2. Defendant is HEATHER L. POPP, who currently resides at 205 Nice Road, Halifax, County of Dauphin, Pennsylvania. 3. Plaintiff seeks to have rights of primary physical and shared legal custody with respect to ERIC MICHAEL LUTCAVAGE, born April 6, 2003. The child was born out of wedlock. The child is presently in the custody of Defendant, HEATHER L. POPP. Since birth, the child has resided with the following persons and at the following addresses: from birth, until April 9, 2003, with both parents at 213 Louis Lane, Enola, Pennsylvaia; from April 9, 2003, until the present with Defendant at 205 Nice Road, Halifax, Pennsylvania. The mother of the child is HEATHER L. POPP, who currently resides at 205 Nice Road, Halifax, Pennsylvania. She is not married. The father of the child is JOSEPH T. LUTCAVAGE, who currently resides at 213 Louis Lane, Enola, Pennsylvania. He is not married. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides alone. 5. The relationship of the Defendant to the children is that of mother. She currently resides with the child and with her parents, Dennis and Dolores Popp, and her brother, Jason Popp. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by confirming rights of primary physical and shared legal custody in Plaintiff because Plaintiff has been denied access to the subject minor child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order confirming rights of primary physical and shared legal custody in Plaintiff. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the fore§oin§ Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relatin§ to unsworn falsification to authorities. DATE ~)9~PI~T. ~,I]TC~GE, JR. JOSEPH T. LUTCAVAGE : PLAINTIFF : V. : HEATHER L. POPP : : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1695 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, Thursday, April 17, 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 Wednesday, May 28, 2003 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 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/ Melissa P. Greevy, Esq, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JOSEPH T. LUTCAVAGE, Plaintiff VS. HEATHER L. POPP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 03-1695 CIVIL TERM IN DIVORCE PRAECIPE TO WITHDRAW Please withdraw Plaintiff's Complaint for Custody filed on April 14, 2003. DATE CHARLES E. PETRIE, ATTORNEY FOR PLAINTIFF 0 c::3 0 u § 200 JOSEPH T. LUTCAVAGE, Plaintiff V. HEATHER L. POPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1695 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTIO;' AND NOW, this 6th day of June, 2003, counsel for the Plaintiff having filed a Praecipe to Discontinue this action, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. :214393 FOR TH~ L"-"/ - ~Suust~yP~;;~o~Y, Esquire