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HomeMy WebLinkAbout08-2955 Mark T. Siiliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Plaintiff, Tamila L. Lay TAMILA L. LAY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08- ag55 Civil Tero+ STACY N. LAY and YOUNESS EL ABDOUNI, CIVIL ACTION -LAW Defendants CHILD CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAW Y[-:,R. GO To OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE; CAN PROX'IDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street ? arlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclaxnada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER Lam' ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFRFZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 /- TAMILA L. LAY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Of - .Z 95S ai?j STACY N. LAY and YOUNESS EL ABDOUNI, CIVIL ACTION - LAW Defendants CHILD CUSTODY COMPLAINT FOR CHILD CUSTODY AND NOW comes the Plaintiff, Tamila L. Lay, by and through her attorney, Mark T. Silliker, Esquire, and respectfully requests this Honorable Court award her custody of the subject minor child, and in support thereto, avers the following: 1. Plaintiff is Tamila L. Lay, an adult individual residing at 11 East Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Stacy N. Lay, is an adult individual residing at 11 East Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant, Youness el Abdouni, is an adult individual residing at 30 Stephen Road, Apt. D, Camp Hill, Cumberland County, Pennsylvania. 17011. 4. The subject minor child is Haydn Matthew Lay, born April 30, 2008 in Cumberland County, Pennsylvania. 5. The relationship of the Plaintiff to the subject minor child is that of maternal grandmother. 6. The relationship of the Defendants to the subject minor child is that of natural mother and father. 7. The minor child has resided at the following addresses, in the custody of the following individuals: a. From birth to present, the subject minor child resides at 11 East Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania, in the care and custody of the Plaintiff and maternal grandmother, Tamila L. Lay, natural mother, Stacy N. Lay, and maternal uncle, Karl E. Lay. 8. There have been no prior actions for custody of the subject minor child in this or any other jurisdiction. 9. The Plaintiff is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor child. 10. Plaintiff and Defendants have discussed this matter at length, and they agree that it is in the child's best interests that he remain in the primary care and custody of the Plaintiff, Tamila L. Lay. It should further be noted that the subject minor child does not have contact with his natural father. In furtherance thereto, the parties have reached an agreement regarding the care and custody of the subject minor child, and their Stipulation is attached hereto and marked Exhibit "A". .Si(? L WHEREFORE, Plaintiff requests this Honorable Court award her primary physical custody of the subject minor child as per the attached Stipulation for Child Custody. Dater Respectfully submitted, THE LAW OFFICES OF SILLIKER & RLEINHW,T 5922'Lingldoad Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Plaintiff, Tamila L. Lay /V L TAMILA L. LAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. STACY N. LAY and CIVIL ACTION -LAW YOUNESS EL ABDOUNI, CHILD CUSTODY Defendants AFFIDAVIT Subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, I, Mark T. Silliker, Esquire, declare that I am the attorney for Plaintiff, that I am authorized to make this verification on her behalf; that the facts set forth in the aforegoing Complaint for Child Custody are based upon information supplied to me by my client and upon my own knowledge which I believe to be true and correct, and time is of the essence. Date: ark T. Silliker, Esquire TAMILA L. LAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. -6 F D--9 5?,C bj f I STACY N. LAY and YOUNESS EL ABDOUNI, CIVIL ACTION - LAW Defendants CHILD CUSTODY STIPULATION FOR CHILD CUSTODY AND NOW this day of -A& i? , 2008, the parties herein, Tamila L. Lay, Stacy N. Lay, and Youness el Abdouni hereby voluntarily and otherwise knowingly agree to the following with regards to the best interests and welfare of the subject minor child, Haydn Matthew Lary, born April 30, 2008, and hereby stipulate and agree as follows: 1. Tamila L. Lay and Stacy N. Lay shall have shared legal custody of the subject minor child. The parties agree that all major decisions concerning the minor child including, but not necessarily limited to the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each par:y agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably- be expected to be of concern to EXHIBIT ?+ 19 the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to the parties pursuant to 23 Pa.C.S.A. 5309. 2. Plaintiff, Tamila L. Lay, shall have primary physical custody of the subject minor child. 3. Defendant, Stacy N. Lay, shall be entitled to reasonable periods of partial custody and/or visitation, with the exact details to be subject to the agreement and express consent of Plaintiff, Tamila L. Lay. 4. Father hereby waives his right to shared legal custody, visitation and/or partial custody. 5. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household memhers and/or guests comply with this prohibition. 1 % J 6. The parties shall refrain from making derogatory comments about the other party in the presence of the child, and to the extent possible, shall prevent third parties from making such comments in the presence of the child. 7. It is agreed between the parties that this Agreement/Stipulation shall be filed with the Court of Common Pleas of Cumberland County, Pennsylvania, and shall become an Order of said Honorable Court. 8. The Defendants herein, Stacy N. Lay and Youness el Abdouni, hereby certify that they have completely read the terms and conditions of this Agreement, and that they have also read the terms and conditions of the attached Order of Court, and that they voluntarily and otherwise knowingly agree to the implementation of this Agreement into a Court Order. They further agree to be bound by the terms of said Order of Court. IN WITNESS WHEREOF, the parties place their hands and seals on the date first written above. f ._N itness Tamila L. Lay s itness Stacy N. Lay Witness Youness el A douni COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this ?2 day of / A , 2008, before me, a Notary Public, the undersigned officer, personal y appeared Tamila L. Lay, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. P `I Notary blic COMMONWEA NSYIVANIA ?r Seal COMMONWEALTH OF PENNSYLVANIA D=!'!e R' t Notary Public [East, t on,,txr, , .. Cumberland County COUNTY OF Ct? d?t?ic 1? My Co, ,7, °LL_ . res Oct. 2 , 2009 Member. Pr3nnsOhia;v? ..A,ssociation of Notaries r On this day of , 2008, before me, a Notary Public, the undersigned officer, per onally ppeared Stacy N. Lay, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. Notary Public COMB/ Jtdtrr`Ca?.'r,' %," PENNSYLVANIA !jai (R?c in li ;i f,'Qtary Public; East Pen„ct?O„ •C. County Ply Cr21, 2009 Member of Notaries T L -. AJLY.r COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of , 2008, before me, a Notary Public, the undersigned offiEker, perso ly appeared Youness el Abdouni, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. r. Not Public COMMONWEAL; t:'ENNSYLVANIA h!Old+lai_;6?1 EEaStPennsborC. "Na0v Public Ti, ;. -i: rube; land Coun e ior, F,r.;, G Ca t. 21,2009 Member. Pennsvivr, ,M,, ._ "'"'ation of Notaries C'? c- cm _.r `?3 l'i C7z rr M-n kD J?-? o 08 0 C1 77 TAMILA L. LAY, V. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL' r,7 NO. STACY N. LAY and YOUNESS EL ABDOUNI, CIVIL ACTION - LAW Defendants CHILD CUSTODY STIPULATION FOR CHILD CUSTODY AND NOW this day of Ma , 2008, the parties herein, Tamila L. Lay, Stacy N. Lay, and Youness el Abdouni hereby voluntarily and otherwise knowingly agree to the following with regards to the best interests and welfare of the subject minor child, Haydn Matthew Lay, born April 30, 2008, and hereby stipulate and agree as follows: 1. Tamila L. Lay and Stacy N. Lay shall have shared legal custody of the subject minor child. The parties agree that all major decisions concerning the minor child including, but not necessarily limited to the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to the parties pursuant to 23 Pa.C.S.A. 5309. 2. Plaintiff, Tamila L. Lay, shall have primary physical custody of the subject minor child. 3. Defendant, Stacy N. Lay, shall be entitled to reasonable periods of partial custody and/or visitation, with the exact details to be subject to the agreement and express consent of Plaintiff, Tamila L. Lay. 4. Father hereby waives his right to shared legal custody, visitation and/or partial custody. 5. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household memhers and/or guests comply with this prohibition. 7-L.., y C- .?kL ` 6. The parties shall refrain from making derogatory comments about the other party in the presence of the child, and to the extent possible, shall prevent third parties from making such comments in the presence of the child. 7. It is agreed between the parties that this Agreement/Stipulation shall be filed with the Court of Common Pleas of Cumberland County, Pennsylvania, and shall become an Order of said Honorable Court. 8. The Defendants herein, Stacy N. Lay and Youness el Abdouni, hereby certify that they have completely read the terms and conditions of this Agreement, and that they have also read the terms and conditions of the attached Order of Court, and that they voluntarily and otherwise knowingly agree to the implementation of this Agreement into a Court Order. They further agree to be bound by the terms of said Order of Court. IN WITNESS WHEREOF, the parties place their hands and seals on the date first written above. itness itness Witness Tamila L. Lay 664 /' &W/ Stacy N. Lay Youness el A douni ?' Y, r', . COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of Pay , 2008, before me, a Notary Public, the undersigned officer, personal y appeared Tamila L. Lay, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. Notary blic COMMONWEAL.'.-Lit PENN§YLVANIA Nc, . a! Seal COMMONWEALTH OF PENNSYLVANIA D;ile Rc:;, j;,!at, Notary Public East Pennsboro .. Cumberland County My Commissio = Lxpires Oct. 21, 2009 COUNTY OF (2 ak Xtjo Member, Pennsylvania, Association of Notaries / 4 On this !:) day of 104 , 2008, before me, a Notary Public, the undersigned officer, per onally ppeared Stacy N. Lay, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. Notary Public COMMONWEArl""4 F PENNSYLVANIA _ ,1 etc;^.8p Seal Dale Rvger')ir.v. Notary Public East Pennsboro Ty;p., Cumberland County My Comm;ssi i f!cbre s Oct. 21, 2009 Member. Y. ?.avlv.zn ap`Aaso,,,iation of Notaries ! (,. -/VL Y. COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this - day of , 2008, before me, a 3n /&Z Notary Public, the undersigned offit?er, persogally appeared Youness el Abdouni, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. Not Public C0MM0NWEAM--,)F PENNSYLVANIA Nola, tai Dale Rosr nb;af, i*,,tary Public [East Pennsborc , vj Cumberland County My Commission F*?: ag Oct. 21, 2009 Member, Pennsyivan, e, l soo,atfon of Notaries %L SNP y.F f ' Q-1 # "C MAY 12 2008 TAMILA L. LAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08 - 0'JR55 ,ivi 1 Te r+- STACY N. LAY and YOUNESS EL ABDOUNI, CIVIL ACTION -LAW Defendants CHILD CUSTODY ORDER OF COURT AND NOW this 1 ?r day of , 2008, in consideration of the aforegoing Stipulation for Child Custody, IT IS HEREBY ORDERED AND DECREED as follows: 1. Tamila L. Lay and Stacy N. Lay shall have shared legal custody of the subject minor child, Haydn Matthew Lay, born April 30, 2008. The parties agree that major decisions concerning the minor child including, but not necessarily limited to the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Each party agrees not to impair the other party's rights to shared legal custody of the minor child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility. of the party then having physical custody. With TLI S r?') ( /, FILED--- 'T ?f;w . ` , per ?" THE 2008 MAY 13 PIN i : 30 Lvi'?i t1r r regard to any emergency decisions which must be made, the party having physical custody of the child at the time of t_?e emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to the parties pursuant to 23 Pa.C.S.A. 5309. 2. Plaintiff, Tamila L. Lay, shall have primary physical custody of the subject minor child. 3. Defendant, Stacy N. Lay, shall be entitled to reasonable periods of partial custody and/or visitation, with the exact details to be subject to the agreement and consent of Plaintiff, Tamila L. Lay. 4. Father hereby waives his right to shared legal custody, visitation and/or partial custody. 5. The parties shall refrain from making derogatory comments about the other party in the presence of the child, and to the extent possible, shall prevent third parties from making such comments in the presence of the child. TL- S / 6. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. BY THE COURT: Distribution: /Mark T. Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 Macy N. Lay, 11 East Glenwood Drive, Camp Hill, PA 17011 , 4ouness el Abdouni, 30 Stephen Road, Apt. D, Camp Hill, PA 17011