HomeMy WebLinkAbout09-7401SHAWNTA M. MOODY,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2009 - 7yd/ CIVIL TERM - LAW
ROBERT LEE MARSHALL,
Defendant IN CUSTODY
COMPLAINT IN CUSTODY
Plaintiff, Shawnta M. Moody, by and through her counsel, Abraham Prozesky,
states the following:
1. Plaintiff, hereinafter referred to as the Mother, resides at 32 Tip Top Circle,
Carlisle, Cumberland County, Pennsylvania, 17015.
2. Defendant, hereinafter referred to as the Father, currently resides at 158 E North
Street, Carlisle, Cumberland County, Pennsylvania, 17013.
3. Mother and Father are the natural parents of:
Samara Heaven Leanne Moody, born June 09, 2008 (1 year old).
4. Mother and Defendant were never married.
5. Samara is presently in the primary physical custody of Father at 158 E North
Street, Carlisle, Cumberland County, Pennsylvania, 17013.
6. On October 6t', 2009, Father used self help and snatched Samara from Mother's
care at the maternal grandmother's house 111 N. Hanover Street, Carlisle,
Cumberland County, Pennsylvania, 17013.
7. Father told Mother that if she withdraws the support proceedings against Father,
that he (Father) would give Samara back to Mother. Mother did stop the support
proceedings but Father failed to live up to his end of the agreement.
8. Father is not allowing Mother to see Samara at all.
9. Since Samara's birth, she has lived with the following people and during the
periods mentioned hereunder:
Name
Address
Date
Mother
Father
Mother
Father
32 Tip Top Circle, Carlisle, Birth to 10/10/2008
PA 17015
158 E North Street, 10/10/2008 to 3/01/2009
Carlisle, PA, 17013
32 Tip Top Circle, Carlisle, 3/01/2009 to 10/06/2009
PA 17015
158 E North Street,
3/01/2009 to present
Carlisle, PA, 17013
10. Father is not represented at this stage or it is unknown by whom he is represented.
11. Mother is represented by Abraham Prozesky, Esquire, undersigned counsel.
12. Plaintiff has no information of another custody proceeding, concerning the child,
pending in a Court of this Commonwealth or any other Court of Law.
13. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with
respect to the child.
14. The best interest and permanent welfare of the child will be served by granting the
relief requested because:
a. Mother and Father are both loving care givers of Sam.
b. Samara needs Mother just as much as Father.
c. Samara needs Mother to maintain a healthy physical, intellectual and
spiritual well being.
15. Mother believes that Samara needs to spend, at a minimum, just as much time
with her as with Father.
16. Mother has a yearning to spend more time with her daughter, Samara.
17. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of Samara have been named as parties to this
action. All other persons, named who are known to have or claim a right to
custody or visitation of the child will be given notice of the pendency of this
action and the right to intervene:
Name Address Basis of Claim
NONE
18. A copy of this Complaint has been served on Father by certified and first class
mail.
WHEREFORE, Plaintiff, respectfully requests that physical custody be shared
on a bi-weekly basis.
RESPECTFULLY SUBMITTED
ABRARAM PROZESKY, ESQ
MIDPENN-LEGAL SERVICES
401 E. L06THER STREET
CARLISLE, PA 17013
TEL: (717) 243-9400
SHAWNTA M. MOODY,
Plaintiff
V.
ROBERT LEE MARSHALL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2009 - CIVIL TERM - LAW
IN CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Shawnta M. Moody, Plaintiff, to proceed in forma ap uperis.
I, Abraham Prozesky, attorney for the party proceeding in forma ap uperis, certify
that I believe the party is unable to pay the costs and that I am providing free legal
services to the party.
ABRAHAM PROZESKY, ESQ
MIDPENN LEGAL SERVICES
401 E. ?OUTHER STREET
CARLISLE, PA 17013
TEL: (717) 243-9400
VERIFICATION
The above-named Plaintiff, Shawnta M. Moody, verifies that
the statements made in the attached Petition for Special Relief
and complaint are true and correct. Plaintiff understands that
false statements herein are made subject to the penalties of 18
Pa. C.S. §4904, relating to unsworn falsification to
authorities.
Date: J 6-2 2-0 a ?-k
Shawnta M. Moody
CERTIFICATE OF SERVICE
I, Abraham Prozesky, Esquire, counsel for the Petitioner in the above captioned
matter, certify that on this 27th day of October, 2009, I served a copy of the foregoing
Complaint in Custody upon the person(s) indicated below by United States First Class
Mail, postage prepaid, at Carlisle, Pennsylvania and addressed as follows:
Robert Lee Marshall
158 E North Street, Carlisle, PA 17013
ABRAHAM PROZESKY,ESQ
MIDPE* LEGAL SERVICES
401 E. LOUTHER STREET
CARLISLE, PA 17013
TEL: (717) 243-9400
OF
c'Opq OCT 28 Alf /I: t
FIL 0
8
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SHAWNTA M. MOODY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
• 2009-7401 CIVIL ACTION LAW
ROBERT LEE MARSHALL IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, November 10, 2009 ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 11, 2009 _ at 1_00 PM
for a Prc-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. 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 12elief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR. THE COURT,
By: /s/ ohn .Man an r. 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. 1F YOU DO NO"I~
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 17U 13
Telephone (717) 249-3166
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