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HomeMy WebLinkAbout02-3646NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (7t7) 243-8000 ATTORNEY FOR PLAINTIFF JACOB S. KLECKNER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff V, BOBBI A. 8HAFER Defendant :CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02- ~. ~c CIVIL : IN CUSTODY _COMPLAINT FOR CUSTODY NOW comes the Plaintiff, Jacob S. Kleckner, Jr., by his attorney, Nathan C. Wolf, Esquire, and respectfully represents as follows: 1. Plaintiff is Jacob S. Kleckner, Jr. (hereinafter "Father"), who resides at 1050 Highfield Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Bobbi A. Sharer (hereinafter, "Mother"), who resides at 12 Meadowview Drive, New Bloomfield, Perry County, Pennsylvania. 3. The parties are the natural parents of one minor child, namely: Stephen Jacob Kleckner, born January 31, 2000 age 2 years 4. The child has lived with the parties from the time of his birth until approximately February 15, 2002. 5. Plaintiff and defendant are the natural parents of the child. 6. The child was born out of wedlock. 7. The child is presently in the custody of the defendant. 8. The parties are currently unmarried. 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 10. Plaintiff has no information of a custody proceeding conceming the child pending in a court of this Commonwealth or any other state. 11. 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. 12. Plaintiff maintains a stable household and environment within which to raise the child. 13. The best interest and permanent welfare of the child requires that the relief requested herein be granted because the defendant has failed to discharge her parental duties with regard to the child and has left the child in the care of third parties for inordinate amounts of time despite the fact that the plaintiff was available to watch the child himself and, repeatedly when the defendant was not working, rather than care for the child herself. 14. Plaintiff has enjoyed various periods of visitation and temporary physical custody with the child since the parties' relationship terminated in February of 2002. 15. Defendant has threatened that if plaintiff does not comply with defendant,s excessive demands for financial support, despite his prior voluntary payments of direct support and his payment of mortgage payments on the defendant's behalf, that plaintiff will not be permitted to have visitation or temporary physical custody of the child at all. 16. Plaintiff believes that these threats will be carried out, thus impeding the relationship between the plaintiff and the child. 17. Plaintiff believes and therefore avers that if defendant is permitted to interfere with his relationship with the child, that the child will suffer irreparable harm as a result of defendant's actions. 18. Plaintiff believes that the hlld s best interests would be served by an award of primary physical custody to plaintiff, WHEREFORE, Plaintiff, Jacob S. Kleckner, Jr., respectfully requests that the Court enter an order providing joint legal custody and that the plaintiff have primary physical custody of the child. JulyS, 2002 Respectfully submitted, 35 East Hi~tes 201/202 Carlisle, Pennsylvania 17013-3052 (717) 243-6090 Supreme Court I.D. No. 87380 VERIFICATIOI i I do hereby verify that the facts set forth in this petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. (-~/~ ,2002 · J'A(~dB S. KLEC"K-NER, JR. ? JACOB S. KLECKNER, JR. PLAINTIFF BOBBI A. SHAFER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-3646 CIVIL ACTION LAW : IN CUSTODY ., ORDER OF COURT AND NOW, Tuesday, August 06, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland Count}, Courthouse, Carlisle on Thursday, August 22, 2002 at 10:30 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 be 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 ali 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/ Hubert X. Gilroy. Esq. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JACOB S. KLECKNER, JR., Plaintiff V BOBBI A. SHAFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 3646 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ ~*~ day of December, 2003, this case coming before the conciliator on the request of the Court Administrator to address the outstanding referral for a conciliator and the conciliator being advised that the parties had previously resolved the matter without the need of further involvement of the conciliator, the conciliator relinquishes jurisdiction. BY THE COURT, Hubert X. Gil..~.. Custody ConCiliator