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HomeMy WebLinkAbout09-8904IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DANIEL L. EICHELBERGER, Civil Action At Law --- Custody Plaintiff, Case No. 0 0 (Ggn VS. APRIL L. LENKER Defendant, COMPLAINT FOR CUSTODY 1. The plaintiff is Daniel L. Eichelberger, residing at 216 Stoner Drive Ext. Apt. D, Mechanicsburg 17055 in the County of Cumberland, Commonwealth of Pennsylvania, 2. The defendant is April L. Lenker, who is currently residing at 172 Ashford Drive, Enola 17025 in the County of Cumberland Commonwealth of Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Address date of birth Age Macenzi E. Lenker same as mother 1/8/2000 9 years Kiley C. Lenker same as mother 4/3/2007 2 years 4. The children were born outside of wedlock. 5. The children are presently in the custody of April Lenker, whose current residence is 172 Ashford Drive, Enola 17025 in the County of Cumberland Commonwealth of Pennsylvania. 6. The children have resided with the mother April Lenker since their births. 7. The biological mother of the child is April Lenker, whose current address 172 Ashford Drive, Enola 17025 in the County of Cumberland Commonwealth of Pennsylvania. 8. The mother is separated from he father, plaintiff and is currently remains unmarried to the same. 9. The father of the child is Daniel L. Eichelberger, who is currently residing at 216 Stoner Drive Ext. Apt. D., Mechanicsburg 17055 in the County of Cumberland, Commonwealth of Pennsylvania, 10. The father is separated but currently remains unmarried to the mother. 11. The relationship of the plaintiff to the children is that of a biological Father. The Plaintiff currently resides with the following persons: Name Relationship NONE 12. The plaintiff has not participated as a party or witness, or in another capacity, in any other litigation concerning the custody of the children in this or another court. 13. The plaintiff has no other information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 14. 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 children. 15. The best interest and permanent welfare of the children will be served by Granting the relief requested for the reasons as hereinafter recited: (a) The father has made repeated efforts to obtain custody of his children, by way of telephone communications to the another and notwithstanding these efforts he has not had any consistent contact or custody with his children. (b) The father has been deprived of custody for several months despite his repeated efforts to obtain custody of his children. (c) The father is an active member of the military and has been for several years which to some degree has circumvented his time with his children to the extent he has been absent the State and Country. (d) The children would benefit by the fathers' presence in their lives to the extent that the father can provide to them the male interaction from which they will develop appropriate male social behaviors by emulating those of their fathers' (e) The father has a stable residence and source of income to enable him to provide to his children an environment within which they will experience a sense of comfort, permanency and predictability. (f) Plaintiff, believes and therefore avers that he can provide a predictable and stable lifestyle for which, the child can become accustomed and which will be in the best interest of the children during his formative years and throughout their lives. WHEREFORE, Plaintiff, Daniel E. Eichelberger, respectfully requests for the aforementioned reasons, that the court grant and award him Joint physical custody and Shared Legal custody of the children Macenzi & Kiley Lenker. DATED: 12/19/2009 GREGORY I??J'Jl?; esquire Gregrstmarn-9freet 7 echanicsburg, PA. 17055 Phone: (717) 790-5500 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. & 4904 relating to unswom falsification to authorities Date: 22 Daniel L. Eichelberger, tiff riQ . ao j?lo I DOR I 4ata e a- DANIEL L. EICHELBERGER [N THE COURT OF COMMON PLEAS OF PL..AINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. • 2009-8904 C[VII. ACTION LAW APRIL, L. LENKER 1N CUSTODY DI:Ft?ND.ANT ORDER OF COURT AND NOw', Thursday, January 07, 2010 ,upon consideration of the attached Complaint, _.. it is hereby directed that parties and their respective counsel appear hefore Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County_Courthouse, Carlisle on Tuesday, January 26, 2010 at ._9:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will he 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 aphear 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, Bv: /s/__~ac uelineM._Verne~1Es~~ Custody Conciliator The Court of Common Pleas of Cumberland County is required b}~ law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodatior7s available to disabled individuals having business before the court, please contact our office. .All arrangements must he made at least 72 hours prior to any hearing or business bef~n~e the court. You must attend the scheduled conference or hearing. YOU SHOULD 'TAKE THIS PAPER T~O YOUK ATTORNEY A'h ONC[. IF YOU DO NO~f [IAVE AN A"1°TORN[Y OR CANNOT AFFORD ONE, C;O "I'O OR TELI?PHONL: THE-; OFFICE SF.T FORTH BELOW TO FIND OUT WF-fERE YOU C~~~N GET LEGAL I-{ELP. Cumberland County I3ar Association >? South Bedford Street Carlisle. Pennsylvania 17013 'Telephone (717) 249-3166 ~l~~D`!. li°~ ~v~ ~ T ~~. TNfi p-,-,,T~ ~~>.. ~ 3 r~W 2010 J~~ ~8 PAS 42~ ~ 2 ~_ :7 G~ii'~ ~~,