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HomeMy WebLinkAbout03-5157STEPHANIE LEBO-TOPPER, Plaintiff JOHN MARK PETONYAK, II, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Stephanie Lebo-Topper, who currently resides at 206 N. Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. The Defendant is John Mark Petonyak, II, who currently resides at 226 N. Pitt Street, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name: Ivan Marcus Lebo Date of Birth: March 30, 2000 Address: 206 N. Baltimore Avenue Mt. Holly Springs, Pennsylvania 4. The child was born out of wedlock. 5. The child is presently in the custody of Stephanie Lebo-Topper, who resides at 206 N. Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Name John Petonyak & Stephanie Lebo John Petonyak & Stephanie Lebo Stephanie Lebo, Cheryl Lebo, Jeff Lebo, Nathaniel Lebo Stephanie Lebo Stephanie Lebo-Topper & Charles Topper Address 111 E. Pomfret St. Carlisle, PA 118 W. Willow St, B Mt. Holly, PA Chesmut Street Mt. Holly, PA 604 N. Baltimore Ave. Mt. Holly Springs, PA 206 N. Baltimore Ave. Mt. Holly Springs, PA Date 3/30/00-9/01/00 9/01/00-9/01/01 9/01/01-6/06/02 6/06/02-6/06/03 6/06/03-Present 7. The mother of the child is Stephanie Lebo-Topper, who resides at 206 N. Baltimore Avenue, Mt. Holly Springs, Pennsylvania. 8. 9. currently Mother of the child, Stephanie Lebo-Topper, is mamed. The father of the child is John Mark Petonyak, II, who currently resides at 226 N. Pitt Street, Carlisle, Pennsylvania. 10. 11. 12. 13. Father of the child, John Mark Petonyak, II, is not married. The relationship of Plaintiff to the child is that of Mother. The relationship of Defendant to the child is that of Father. The Defendant currently resides with the following persons: Name Relationship Porcha Liberator, age 19 Girlfriend 14. The 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 any other court. Name Relationship Porcha Liberator, age 19 Gklfriend 14. The Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 15. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 16. The 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. 17. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Mother has been the primary caregiver of the minor child since kis birth. She has: V. Planned and prepared meals; Bathed, groomed and dressed the child; Purchased, cleaned and cared for the child's clothing; Arranged medical care, including trips to physicians; Arranged alternative daycare; vi. Put the child to bed nighdy, attended the child in the middle of the night, and awakened the child in the morning, b. The child has a psychological bond with the Mother. c. Mother is able to provide a stable environment for the child. d. Father is unfit to care for the child. 18. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court return primary physical custody of the child to the Plaintiff/Mother. Respectfully submitted, ABOM & KUTULMIIS, L.L.P. Jason ?. Kutulakis ID No. 80411 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this c:qqc-'/Laday of~2003, I, Rhonda Rudy, of Abom& Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, certified/restricted delivery, postage prepaid addressed to the following: Jolm Mark Petonyalc, II 225 N, Pitt Street Carlisle, PA 17013 Respectfully submitted, Aborn & Kuttdalds, L.LP. VERIFICATION I, STEPHANIE LEBO-TOPPER, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. [ 4904 relating to unsworn falsification to authorities. Date ~?/0~ STEPHANIE LEBO-TOPPER PLAINTIFF V. JOHN MARK PETONYAK, II DEFENDANT IN THE cOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-5157 CiVIL ACTION LAW iN CUSTODY ORDER OFCOURT AND NOW, Friday, October 03, 2003 , upon cortsideration 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 County Courthouse, Carlisle on Thursday, October 30, 2003 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 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 all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinR. FOR THE COURT. By: /s/ Hubert X. Gih'oy. 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 hearhag. 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 TItE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GE~[ LEGAl-, HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249.-3166 STEPHANIE LEBO-TOPPER, Plaintiff JOHN MARK PETONYAK, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-5157 Civil Term : CIVIL ACTION-LAW : IN CUSTODY PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of John M. Petonyak, II, the Defendant in the above captioned matter. Papers may be served at the address set forth below. Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Office: (717) 243-2968 Fax: (717):243-3639 Date: Nicholas Aloia Certified Legal Intern / ROBERT E. RAINS '~'~' THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 DEC 2003 STEPHANIE LEBO-TOPPER, Plaintiff v JOHN MARK PETONYAK, II, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003- 5157 CIVIL : IN CUSTODY COURT ORDER AND NOW, this _~ '~ ' day of December, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Stephauie Lebo-Topper, and the Father, John Mark Petonyak, II, shall enjoy shared legal custody of Ivan Marcus Lebo, born March 30, 2000. 2. The Mother shall enjoy primary physical custody of the minor child. The Father shall enjoy periods of temporary physical custody of the minor child as follows: On every week from Monday at or about 2:00 p.m. until Wednesday at or about 2:00 p.m. B. At such other times as agreed upon by the parties. The parties shall work between themselves to arrange a custody scheduled for the Thanksgiving and Christmas holiday. If the parties are unable to reach an agreement on a holiday schedule, legal counsel for the parties may contact the conciliator directly to have a telephone conference call between the attorneys and the conciliator after which the conciliator may recommend an order to the court to address the holiday issue. CC: The parties and their attorneys shall meet again with the conciliator for a custody conciliation conference onr uary 29, 2003 at 8:30 a.m. J. v/Kara W. Haggerty, Esquire ~/'Laura Mammana Dickinson School of Law Family Law Clinic 12-18'0'3 STEPHANIE LEBO-TOPPER, Plaintiff V JOHN MARK PETONYAK, Il, Defendant Prior Judge: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 5157 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8Co), 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: Ivan Marcus Lebo, born March 30, 2000. A Conciliation Conference was held on November 20, 2003, with the following individuals in attendance: The Mother, Stephanie Lebo-Topper, with her counsel, Kara W. Haggerty, Esquire; and Laura Mammana from the Dickinson School of Law Family Law Clinic who appeared on behalf of the Father. The Father did not appear. Because the Father was not available for the conference, the parties could not reach an agreement. However, there was an understanding with respect to the status quo, and the conciliator is recommending an order consistent with the status quo subject to the parties meeting with the conciliator again in January. The conciliator recommends the entry of an order in the form as attached. Hubert X. Gilr.~.y? Esqmre Custody C/~liat or FEB 0 q 2004 STEPHANIE LEBO-TOPPER, Plaintiff JOHN MARK PETONYAK, Il, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 5157 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this ~ ~day of ~~ ,2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this courts prior order of December 17, 2003 is ratified subject to the following modifications: 1. Father will be exercising overnight custody with the minor child at the property of 226 North Pitt Street, Carlisle, PA. There shall be no overnight visitation unless father has a functioning main heating system at the property where he is keeping the minor child. The father shall provide reasonable access to the property for the mother to inspect the property to ensure that the heating is functioning and to also ensure that other circumstances at the property are satisfactory. Neither parent shall engage in any illegal drug use or any alcohol abuse while that parent has custody of the minor child. Father shall keep the mother advised with respect to all locations where father is residing and shall also provide mother with a telephone number either at his residence or some other number that can be used to contact father in the event of an emergency. Mother shall do the same for the father. Father shall ensure that the child is only exposed to age appropriate video games. Once father has a working automobile, father shall share transportation for exchange of custody with the understanding that father has an adequate child seat in the automobile. Unless the parties agree to the contrary, the parent receiving custody shall pick up the child. Legal council for the parties may contact the Custody Conciliator directly to schedule another Custody Conciliation Conference which may be in the nature CC~ of a telephone conference between the attorneys and the Conciliator or in the nature of a in person conference at the court house. Judge Edward E. Guido Alysia Hudock Kara W. Haggerty, Esquire ,WVJ. ONO,MIO~d :2HI _'10 STEPHANIE LEBO-TOPER, Plaintiff V JOHN MARK PETONYAK, II, Defendant Prior Judge: Edward E. Guido : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 5157 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8Co), the undersigned Custody Conciliator submits the following report: 1. The pertinem information pertaining to the child who is the subject of this litigation is as follows: Ivan Marcus Lebo, born March 30, 2000. A Conciliation Conference was held on January 29, 2004, with the following individuals in attendance: The mother, Stephanie Lebo-Topper, with her council, Kara W. Haggerty, Esquire, and the father John Mark Petonyak, II, with his council, Alysia Hudock, of the Dickinson School of Law, Family Law Clinic. Based upon recommendations of the Conciliator, the parties have agreed upon the entry of an Order in the form as attached.