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HomeMy WebLinkAbout09-7647ROBERT ADAM LEFEVER, Plaintiff V. TARA LYNN DEFRANCO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2009 - '7 6 q-7 CIVIL TERM - LAW IN CUSTODY COMPLAINT IN CUSTODY Plaintiff, Robert A. Lefever, by and through his counsel, Abraham Prozesky, Esquire of MidPenn Legal Services, states the following: 1. Plaintiff, hereinafter referred to as the Father, resides at 207 E. Main Street, Mount Joy, Lancaster County, Pennsylvania, 17552. 2. Defendant, hereinafter referred to as the Mother, currently resides at 25 North Corporation Avenue, Apt # 3, Newville, Cumberland County, Pennsylvania, 17241 3. Father and Mother are the natural parents of: Kaitlin Elisabeth Lefever, born February 17th, 2001 (8 years old). 4. Father and Mother were never married and out of this relationship, Kaitlin was born in Lancaster, Lancaster County, Pennsylvania, 17603. 5. Kaitlin is presently in the primary physical custody of Mother at 25 North Corporation Avenue, Apt # 3, Newville, Cumberland County, Pennsylvania, 17241. 6. No Order as to custody have been entered with regard to Kaitlin. 7. Mother is not allowing Father to see Kaitlin at all. Father has seen Kaitlin last in April of 2007. 8. Father is now in a position to provide for the needs of Kaitlin. Father can provide a safe and loving environment for Kaitlin and would like to have physical custody and visitation rights. 9. Since Kaitlin's birth, she has lived with the following people and during the periods mentioned hereunder: Name Address Father & Mother 16 E. Frederick St, Lancaster, Lancaster County, PA 17603 Father & Mother 104 Madge Dr. Lancaster, Lancaster County, PA 17603 Mother 25 N. Corporation Ave, Newville, Cumberland County, PA 17241 Date Birth to October 2002 October 2002 to 2007 2007 to Present 10. Mother is not currently represented. 11. Father 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 Kaitlin. b. Kaitlin needs Father just as much as Mother. c. Kaitlin needs Father to maintain a healthy physical, intellectual and spiritual well being. 15. Father believes that Kaitlin needs to spend time with him as she is spending time with Mother. 16. Father was initially not in a financial position to do this, but have through hard work and diligence managed to achieve a position where he can care for Kaitlin. 17. Father has a yearning to spend more time with his daughter, Kaitlin. 18. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of Kaitlin 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 19. A copy of this Complaint has been served on Mother by certified and first class mail. WHEREFORE, Plaintiff, respectfully requests that he be given physical custody and visitation. RESPECTFULLY SUBMITTED -A , ? AB OZESKY, ESQ MIDPENI,. LEGAL SERVICES 401 E. LOUTHER STREET CARLISLE, PA 17013 TEL: (717) 243-9400 r : F r TAY 2G9 ??' -5 Fi 2: 33 Cc.tvl - ; LAP ROBERT ADAM LEFEVER, Plaintiff V. TARA LYNN DEFRANCO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2009 - `7 (o y -7 CIVIL TERM - LAW IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Robert Adam Lefever, Plaintiff, to proceed in forma au eris. I, Abraham Prozesky, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. RESPECTFULLY SUBMITTED ABRAHAM ZESKY, ESQ MIDPE LEGAL SERVICES 401 E. L UTHER STREET CARLISLE, PA 17013 TEL: (717) 243-9400 RILE I F TH ;"aTkRy 2609 NOV -5 Fii 2= 03 r.::. ... CUM; ROBERT ADAM LEFEVER [N THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2009-7647 CIVIL ACTION LAW TARA LYNN DEFRANCO 1N CUSTODY DF,FENDANT ORDF,R 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 Jacqueline M. Verney, Esq. ,the conciliator, at ____ 4th Floor, Cumberland County Courthouse, Carlisle on Monday, November 30, 2009 at 8:30 AM for a Prc-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; ur 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 Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ jac~ueline M. Verney, Esq.~yl(~ 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 i,.__ , t~ r^ (' ~ i ; ' _ ''~ ~ it [{~I ~ ~ ~Y ~uN o ~ zoo ROBERT ADAM LEFEVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~'• : N0.2009-7647 CIVIL ACTION -LAW TARA LYNN DEFRANCO, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 8th day of June, 2010, being advised that the parties are satisfied with the current order of Court, the Conciliator hereby relinquishes jurisdiction in this matter. C ~ ~~; c_ R~r. ~ ~~~ ~-,; ~ ~i try - ~R ~ J.} r .~ ,~4 t_ .~ ~ ~, 7 FOR THE COURT, ~ ~ .~ ~~'~"' ~ o ,~ acq line M. Verney, Esquire, Cust Conciliator