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Home My WebLink About99-03865'It 1 4 0 1 ..1 V NC) V VlO J JUN 2 8 1999 KIMBERLY LYNN PETERSON, IN THE COURT OF COMMON PLEAS' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99- JF rvi `Ca") BENJAMIN EARL HAPGOOD, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this c ? " day of ? , 1999, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before hoLL A i t. -6 oh the Conciliator, at') C the day of ti:e 1999, at ?)U f?.m. 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 at the request of either attorney or party, be present at the conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, Byj?CG??c Custody Conciliator,/(z/i / The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ?9 C?? ?kr/ ,?`d°a G 311 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 KIMBERLY LYNN PETERSON, . Plaintiff V. BENJAMIN EARL HAPGOOD, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 2?61S' C(vi ( E-Z`I CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, KIMBERLY LYNN PETERSON, by and through her attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiffs Complaint for Custody: 1. The Plaintiff is KIMBERLY LYNN PETERSON, residing at 308 Harvest Lane, Shippensburg, PA, 17257. 2. The Defendant is BENJAMIN EARL HAPGOOD. With a last known address of 33-1/2 Union Street, Cortland, NY, 13045. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Tyler Rian Hapgood 308 Harvest Lane 11-29-98 Shippensburg, PA 17257 4. Tyler Rian Hapgood was born out of wedlock. 5. The child is presently in the custody of Plaintiff, who resides at 308 Harvest Lane, Shippensburg, PA, 17257. .r 6. During the past five years, the child has resided with the following persons and a4 the following addresses: Persons Address Duration Kimberly Peterson 308 Harvest Lane 7 months Shippensburg, PA 17257 (since born) 7. The mother of the child is Plaintiff, currently residing at 308 Harvest Lane, Shippensburg, PA, 17257. The mother is single. 8. The father of the child is Defendant, last known address of 33-1/2 Union Street, Cortland, NY, 13045. The father is single. 9. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Karen Peterson Mother Douglas Peterson Father 10. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Unknown Relationship 11. 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. The court, term and number, and its relationship to this action is: N/A 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. The court, term and number, and its i relationship to this action is: NIA 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 right with respect to the child. The name and address of such person is: NIA 14. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff has been the primary caretaker of the subject minor child since birth and father has shown sporadic interest in the subject minor child. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons named below, 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 NONE Address Basis of Claim WHEREFORE, Plaintiff requests this Honorable Court to order that primary physical and legal custody of the minor child, Tyler Rian Hapgood be placed with Plaintiff. Date: (oIau Jqq sp ctfu bmi ted, Peter . Russo Attorney for Plaintiff VERIFICATION I, KIMBERLY LYNN PETERSON, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dater l I l (1 Y) ?D A? Kimberly Lynn Peterson CN, Y Nov 1 0 mop KIMBERLY LYNN PETERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BENJAMIN EARL FIAPGOOD, N0.99-3865 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this Lam day of November, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Kimberly Lynn Peterson, is awarded primary legal and primary physical custody of Tyler Rian Hapgood, born November 29, 1998. 2. The Father, Benjamin Earl Hapgood, shall enjoy visitation with the minor child at such times and under such circumstances as agreed to by the Mother. 3. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the Custody Conciliator. 4. Counsel for the Mother is directed to forward a copy of this order and the attached report to the Father at his last known address. 7 BY THE T J. cc: Peter J. Russo, Esquire re n?? KIMBERLY LYNN PETERSON, Plaintiff BENJAMIN EARL HAPGOOD, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 99-3865 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Tyler Rian Hapgood, born November 29, 1998. 2. A Conciliation Conference was held on November 4, 1999, with the following individuals in attendance: The Mother, Kimberly Lynn Peterson, with her counsel, Peter J. Russo, Esquire. This is the second Conciliation Conference scheduled. There was one scheduled in September which was postponed because there was no service on the Father. The Father has now received notice in the mail, but there is no return receipt or other specific evidence of service. Mother relates that she had a conversation with Father and Father acknowledged that he was aware of the November 4, 1999 Conciliation Conference. The Father has not seen the child since May and has not expressed any interest. The Father's last known address was in New York state, with the Mother having information that the Father may have now moved to Florida. 4. The Conciliator recommends the entry of an order in the form as attached. 9 7 -1d YZ DATE Hubert X. Gilr y, Esquire Custody Co iliator