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HomeMy WebLinkAbout06-0150 THOMAS RALPH LEV AN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06- I.':,-i) CIVIL TERM ELIZABETH ANN LEV AN, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Thomas Ralph Levan, hereinafter referred to as "Father". Father's permanent residence is 4807 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Elizabeth Ann Levan, hereinafter referred to as "Mother" who is believed to reside at her boyfriend's sister's home at P.O. Box 47, 408A South Front Street, Liverpool, Perry County, Pennsylvania 17045 3. Father seeks custody of the minor child: Name Anthony Levan Present Residence P.O. Box 47 408A South Front Street Liverpool, PAl 7045 Age 11/10/99 DOB, 6 yrs old The child, Anthony Levan, was born during the parties' marriage. Anthony is presently in the custody of Mother. During Anthony's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Thomas Levan Elizabeth Levan Camp Hill Motel Camp Hill, P A Birth to 11100 Thomas Levan Elizabeth Levan Harry Ruppert Ranavilla Ave Camp Hill, P A 11/00-11/03 Thomas Levan Elizabeth Levan Ranavilla Ave Camp Hill, P A 11/03-4/04 Thomas Levan Ranavilla Ave 4/04-8/04 Elizabeth Levan Kimberly Richcreek Thomas Levan Elizabeth Levan Kimberly Richcreek Elizabeth Levan Rodney Comer Jamie Burkhart Emma Lynn Comer Cody Comer Two additional children Camp Hill, P A 501 S. 32nd Street Camp Hill, P A 8/04- I 1/05 P.O. Box 47 408A South Front Street Liverpool, P A 17045 11105-present The parties are currently separated from each other. 4. Father currently resides with the following persons: Name Connie Rice Diana Comer Cheyanne Comer Kimberly Richcreek Relationship Roommate Roommate's daughter Roommate's daughter Father's daughter 5. It is believed that Mother currently resides with the following persons: Name Rodney Comer Jamie Brookhart Emma Lynn Comer Cody Comer Two other children Anthony Levan Relationship Boyfri end Boyfriend's niece Boyfriend's sister Emma Lynn Comer's son Emma Lynn Comer's children Son with Father 6. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Anthony in this or another court. 7. Father has no information of a custody proceeding concerning Anthony pending in a court of this Commonwealth. 8. Father does not know of a person not a party to the proceedings who has physical custody of Anthony or claims to have custody or visitation rights with respect to Anthony. 9. The best interest and permanent welfare of Anthony will be served by granting the relief requested for reasons including, but not limited to the following: a) Father can provide for Anthony's emotional, physical, educational, and medical needs including establishing a stable, safe and loving home environment for Anthony. b) Father currently has primary physical custody of his daughter, Kimberly Richcreek, and it is important for Anthony to maintain the relationship he has developed with his half-sister. c) Father is the parent who can best facilitate any interaction between Anthony and Mother. d) Mother has not acted in Anthony's best interest in ways including but not limited to the following: i) Mother has taken Anthony and moved in with her current boyfriend, Rodney Comer. Mr. Comer is currently under investigation for child abuse to his biological daughter and is subject to a Protection From Abuse Order entered on behalf of his daughter on October 7, 2005. ii) The home where Mother currently lives is owned by her boyfriend's sister, Emma Lynn Comer. Mrs. Comer's husband is presently incarcerated but Father believes he will soon be released. Father is concerned about his son being raised in an environment with two men recently involved in the criminal system. iii) Mother has prevented Father from seeing Anthony since December 1, 2005. Moreover, Father has not been permitted to have telephone contact with Anthony. Father is concerned that Mother's ongoing behavior will impair his father/son relationship with Anthony. iv) Father has been advised by his daughter that while living with Mother, Mother was abusive towards her and Anthony and that Mother did not properly supervise the children when they were in her care. Father worries that Mother is unable to provide appropriate supervision for Anthony. 12. Each parent whose parental rights to Anthony have not been terminated and the person who has physical custody of Anthony have been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: a. Grant Father primary physical of Anthony. b. Grant the parties shared legal custody of Anthony. c. Grant Mother periods of supervised visits with Anthony. d. Any other relief that is just and proper. itted, t, Esquire Mid P Legal Services 401 st Louther Street Carlisle, P A 17013 (717) 243-9400 . . VERIFICATION The above-named PLAINTIFF, THOMAS RALPH LEVAN, verifies that the statements made in the above complaint For Custody are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: I eX - C29 - 0..> ~'L ~~ Thomas Ralph Levan THOMAS RALPH LEV AN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06- CIVIL TERM ELIZABETH ANN LEV AN, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondsto e, do hereby swear that I served Elizabeth Ann Levan with a Complaint For Custody on , 2006 by certified mail, return receipt, restricted delivery, to the person and ddresses below: Elizabeth Ann Levan c/o Emma Lynn Comer P.O. Box 47 40SA South Front Street Liverpool, P A 17045 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Date: 4 ~JJl9- Signature: Section 4904 relating to unsworn falsification to authorities. b '\ " c..... I u.~) (~':J -' o THOMAS RALPH LEV AN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06- 157J CIVIL TERM ELIZABETH ANN LEV AN, Defendant, CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Thomas Ralph Levan, Plaintiff, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providin fre legal services to the party. -- Jessi Mi nn Legal Services 40 East Louther Street Carlisle, PA 17013 (717) 243-9400 C~j -'n <- \..,0 i;--:; ;(~ c:-; -' PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS RALPH LEVAN V. 06-150 CIVIL ACTION LAW ELIZABETH ANN LEV AN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, January 17, 2006 , 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, CUIll~e~~ndCoul1.ty_<::_onrthouse,f~EI.isI,,__ on!~e~<l~Y-, F'eb..~~ry 07, 2006 at 9:30 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 bc 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 TIlE COURT. By: /s/ Tacqueline AI, _ Verney. Esq. Custody Conciliator r 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 HA VE 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 . r/'fi,r-wp 1/" - ~ Ur,7 ~cJ. J/ / ~ 5' ~ p7ft4 ~cJ J/ I ->'/ j? ~ 4i4J 'rl -7{7.,$I ! ',I t c- .~) ',', \ ,r'] \ '\'-''''''' (1 ;'.1 ;,1 . '" l:: ,::.1 '..;'. ~ -l"ll :I IJ:.,; (, i ',~ 1'-.':- . !J THOMAS RALPH LEV AN, Plaintiff r : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2006-150 CIVIL ACTION - LAW ELIZABETH ANN LEV AN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 9,~ day of ~e,'I:lN()J',\ , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Thomas Ralph Levan and the Mother, Elizabeth Ann Levan, shall have shared legal custody of Anthony Levan, born November 10, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms ofPa.C.S. S5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address ofthe child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medicalltreatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody as follows: A. Beginning Friday, February 10, 2006 alternating weekends from Friday at 5:00 p.m. to Sunday at 6:00 p.m. B. Beginning Wednesday, February 8, 2006, every Wednesday from 5:00 p.m. to 7:00 p.m. . 4. Father shall be responsible for all transportation. Pick up and drop off shall be at Mother's house. Father shall remain in the car and Mother shall remain in the house during custody exchanges. 5. Mother shall not leave the child alone with her Father or her boyfriend. 6. Neither party shall do anything, nor permit a third party to do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love and affection for the other party. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. Another Custody Conciliation Conference is scheduled for April 4, 2006 at 10:30 a.m. BY THE COURT, ~t cc: Jessica Holst, Esquire, Counsel for Father Elizabeth Ann Levan, pro se (0.. ~,. /> __ . - J /J .1 1126 Ranavilla Avenue ~IJ-T'-'.N - r~'--' Camp Hill, P A 17011 .J -fo~ fib .",,",:1:8 (,0 : \ I !';'I 8 - 83.:l SlJUl NJ'vlC/';:,':" :._~;:,,'::'ld :JHl jO THOMAS RALPH LEV AN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-150 CIVIL ACTION - LAW ELIZABETH ANN LEVAN, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Anthony Levan November 10,1999 Mother 2. A Conciliation Conference was held in this matter on February 7, 2006, with the following in attendance: The Father, Thomas Ralph Levan, with his counsel, Jessica Holst, Esquire, Mid Penn Legal Services and the Mother, Elizabeth Ann Levan, pro se. 3. The parties agreed to an Order in the form as attached. ;l. - 7 -0 b Date ' ~e~\~~} Custody Conciliator I\":C=I'vEG MA~ U bi'd ....(.,--~ l> THOMAS RALPH LEV AN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2006-150 CIVIL ACTION - LAW ELIZABETH ANN LEV AN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 8th day of March, 2006, being advised that an Order of Court was entered in a Juvenile Dependency matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~ )1.