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Home My WebLink About00-05187 NMMANASWITA DANDAPAT, Petitioner V. KIRAN KUMAR DANDAPAT, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2000 - 5187 : IN CUSTODY PETITION TO MODIFY CUSTODY ORDER CIVIkgERM -,bAW ? m a? Fri i ter, C3 r -4(n x C-, = =-°i cv Petitioner, Manaswita Dandapat, by and through her counsel, Abraham Prozesky, Esquire, states the following: 1. Petitioner, hereinafter referred to as the Mother, resides at 175 Tory Circle, Enola, Pennsylvania, 17025. 2. Respondent, hereinafter referred to as the Father, currently resides at an unknown location. Respondent's last known address is 852 Erford Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Father and Mother are the natural parents of: Shankar Kumar Dandapat, born September 22,d'1997 (13 years old). 4. On September 5, 2000, the Honorable Oler, J, entered a Custody Order under the above captioned docket number. Father and Mother essentially shared legal and physical custody. 5. Father abandoned Mother and Shankar on November 2, 2007 and has not been seen since. 6. To the best of Mother's knowledge there is a criminal bench warrant outstanding for Respondent. ?f? :mss IGi?- 7. Petitioner has no information of another custody proceeding, concerning the child, pending in a Court of this Commonwealth or any other Court of Law. 8. Petitioner 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Mother has always been the primary care giver and provider of Shankar. b. Father has abandoned Mother and Shankar. c. Mother needs full legal and physical custody for insurance, travel, school and medical purposes. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of Shankar 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 11. A copy of this Complaint has been served on Father by certified and first class mail at his last known address. A copy has also been served on Father's attorney of record at the time of the filing of the Custody Complaint, Paul J. Esposito, Esquire, by first class mail. WHEREFORE, Plaintiff, respectfully requests that she be given sole legal and physical custody. RESPECTFULLY SUBMITTED ABRAtfI ZESKY, ESQ 6MSTO COURT HUMM LSTOWN, PA 17036 TEL: (71 982-1532 VERIFICATION The above-named Plaintiff, Manaswita Dandapat, verifies that the statements made in the attached Petition to Modify Custody Order 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: ' I - y 1 Signature: Manaswita Dandapat, Plaintiff MANASWITA DANDAPAT IN THE COURT OF COMMON PLEAS OF PLAINTIFF n CUMBERLAND COUNTY, PENNSYLVANIA3- rv rn Co -n rn za -? a, rn- ? r V. 2000-5187 CIVIL ACTION LAW { ' rn ?? - r 7M co -4 ' t KIRAN KUMAR DANDAPAT (.=) - IN CUSTODY - DEFENDANT '; W a ORDER OF COURT AND NOW, Thursday, April 28, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, May 24, 2011 at 2:00 PM 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. 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/ Dawn S. Sunda Es q. 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. Q Cumberland County Bar Association 32 South Bedford Street Pfd Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C" ' U r, '2 MANASWITA DANDAPAT, Plaintiff v KIRAN KUMAR DANDAPAT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5187 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of 1*4?!? , 2011, upon consideration of the within Petition to Withdraw Appearance, it is hereby ORDERED that Paul J. Esposito, Esquire, and Goldberg Katzman, P.C., are granted leave of Court to withdraw as counsel for Defendant. BY --3 .M X1. rn--' -<> rn ?s , r- ' i Distribution: ? Paul J. Esposito, Esquire, Goldberg Katzman, P.C., P.O. Box 1268, Harrisburg, PA 17108-1268; (717) 234-4161 Abraham Prozesky, Esquire, 674 Stover Court, Hummelstown, PA 17036 M? 00P0. 10j1j 06 1 3 MANASWITA DANDAPAT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2000-5187 CIVIL ACTION LAW C: d ? ? m = z rn KIRAN KUMAR DANDAPAT b Defendant IN CUSTODY r?-z ca S9 ;CZ {? .. ORDER OF COURT 11P AND NOW, this J day of 2011, upon consideration of the attached Custody Conciliation Report, i ' ordered and directed as follows: 1. The Mother, Manaswita Dandapat, shall have sole legal and physical custody of Shankar Kumar Dandapat, born September 22, 1997. 2. The Father, Kiran Kumar Dandapat, may have periods of physical custody or contact with the Child only as arranged by agreement between the parties. 3. The Mother shall be permitted to obtain a passport on the Child's behalf. 4. In the event the Father wishes to establish custodial rights with respect to the Child, the Father may file a Petition with the Court for review of the custodial arrangements. cc: Abraham Prozesky, Esquire - Counsel for Mother An .? Kiran Kumar Dandapat - Father ?pPies ``' d? MANASWITA DANDAPAT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2000-5187 CIVIL ACTION LAW KIRAN KUMAR DANDAPAT Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Shankar Kumar Dandapat September 22, 1997 Mother 2. A custody conciliation conference was held on May 12, 2011, with the following individuals in attendance: the Mother, Manaswita Dandapat, with her counsel, Abraham Prozesky, Esquire. The Father, Kiran Kumar Dandapat, did not appear for the conference or contact the conciliator. 3. The Mother filed this Petition for Modification seeking an Order confirming that she has primary custody of the Child to enable her to obtain a passport on the Child's behalf. The Mother and her counsel represented at the conference that the Father has had no contact with the Child or the Mother since 2007 when, it is believed, the Father left the United States and may have moved to India. There was a Support Order through the Domestic Relations Office on which a bench warrant was issued against the Father in 2008 or 2009, although the Domestic Relations Office was unable to locate the Father. The Father's last known address is 852 Erford Road, Camp Hill. The Mother indicated that while a Custody Order was entered by agreement on September 5, 2000, the Father only exercised his right to periods of custody with the Child on an occasional basis and then discontinued all contact in 2007. 4. Based on the representations made by the Mother and her counsel at the conciliation conference and the fact that the Father did not attend and has not provided the Mother, his former counsel, Paul Esposito, Esquire or the Domestic Relations Office with his address since 2007, the conciliator recommends an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator