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HomeMy WebLinkAbout08-3155BROOKE E. DYARMAN, Plaintiff JUS'T'IN I). LEBO. Defendant IN THE COURT Oh COMMON PLE?;AS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 2008 ?: CIVIL TI=;RNI CIVIL ACTION - LAW IN CUSTODY CUSTODY COMPLAINT L Plaintiff is Brooke E. Dyarman, an adult individual who currently resides at 497 IlWhI9,11d Cni)rt. C',rllsle Citiliberland County, P nns%!1.;^nia 17n1, 1 Defendant is Justin D. Lebo, an adult individual who currently resides at 11 19 Pine Road. Carlisle, Cumberland County, Pennsylvania 17015. Plaintiff seeks primary physical custody the parties' child, Ryan M. l ,ebo, who currently resides with Plaintiff at the above address. The child was born on July 4, 2007 and is ten (10) months of age. The child was born out of wedlock, as the parties were never. at any time, m;:arried. fhe child is presently in the primary custody of Plaintiff who resides at I lai,rtift s residence as described in paragraph one (1). Since the child's birth, the child has resided at all times as follows: iUtnii i auli is i.t,aarif "ci*cn-'ant's above' address July `00 7 -- Oct(A er 007 Plaintiff (primarily) Plaintiffs above adds,°ss October 2007 - present 4. The relationship of Plaintiff to the child is that of mother. Plaintiff currently lives alone with the parties' child. 5. "['he relationship of Defendant to the child is that of father. Defendant currently lives alone. 6. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other State. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7, The best interest and permanent welfare of the child will be served h? granting the relief requested because: a. Plaintiff, the child's mother. has been the child's primary caretaker for all of the child's life; and b, The child has primarily resided with Plaintiff since the child',,, birth and has (-jrown accustomed to Plaintiff's care. WHEREFORE. Plaintiff requests that this Honorable Court grant Plaintiff shared legal custody and primary physical custody of the child. Respectfully submitted. O'BRIEN, BARIC & SCHEMER i Robert J. Dailey. Esquire I.D. 203418 19 West South ? re t Carlisle, PA 17013 (717) 249-6873 Attorney .161- Ph-natiff BROOKE, E DYARMAN, IN THE COURT OF COMMON PH?;AS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - CIVIL, TERN[ JUSTIN D. LEBO, CIVIL ACTION - LAW Defendant IN CUSTODY VERIFICATION L Brooke E. Dyarman, verify that the statements made in the foregoing Complaint in Cus'odv are true and ,,errect to the best of my knowledv.c% information and bel;cf. I ?!nderstand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4()04 relating to unsworn falsifications to authorities. ^i Brooke va "i Plaintiff 1'P1 Date: ?? of May, 2008 BROOKE E. DYARMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3155 CIVIL ACTION LAW JUSTIN D. LEBO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, May 22, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 24, 2008 at 1:30 PM 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. 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 THE COURT. By; /s/ ohn . Man an L. Es . 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 v --;'?- 47 - PV 5(;" 4f)?jt?fry"?y;?'i" i ? ?? M BROOKE E. DYARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 3 15.S' CIVIL TERM JUSTIN D. LEBO, CIVIL ACTION -LAW Defendant IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Brooke E. Dyarman, an adult individual who currently resides at 497 Highland Court, Carlisle; Cumberland County, Pennsylvania 17013. 2. Defendant is Justin D. Lebo, an adult individual who currently resides at 1119 Pine Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Plaintiff seeks primary physical custody the parties' child, Ryan M. Lebo, who currently resides with Plaintiff at the above address. The child was born on July 4, 2007 and is ten (10) months of age. The child was born out of wedlock, as the parties were never, at any time, married. The child is presently in the primary custody of Plaintiff who resides at Plaintiff's residence as described in paragraph one (1). Since the child's birth, the child has resided at all times as follows: Plaintiff quid Dependant Defendant's above address July 2007 - October 2007 Plaintiff (primarily) Plaintiff's above address October 2007 - present 4. The relationship of Plaintiff to the child is that of mother. Plaintiff currently lives alone with the parties' child. 5. The relationship of Defendant to the child is that of father. Defendant currently lives alone. 6. 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. i Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other State. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff, the child's mother, has been the child's primary caretaker for all of the child's life; and b. The child has primarily resided with Plaintiff since the child's birth and has grown accustomed to Plaintiff s care. WHEREFORE, Plaintiff requests that this Honorable Court grant Plaintiff shared legal custody and primary physical custody of the child. Respectfully submitted, O'BRIEN-BARIC & C Robert J. D ley Esquire I.D. 203418 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff 4 I. ? BROOKE E. DYARMAN, Plaintiff v. JUSTIN D. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - CIVIL TERM CIVIL ACTION -LAW IN CUSTODY VERIFICATION I, Brooke E. Dyarman, verify that the statements made in the foregoing Complaint in Custody are true and correct tn..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 unworn falsifications to authorities. Brooke 15yarffi?K_ Plaintiff Date: ?? of May, 2008 ?. r ` ? / te v \ t? N e N ? '? ? ? ?? ? © ? ?' ? \ , ? ?.^ _ ! 11 ? ? I_I? i r V iJ 4 wR ? BROOKE E. DYARMAN, Plaintiff V. JUSTIN D. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 6155 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ACCEPTANCE OF SERVICE I, Justin D. Lebo, accept service of the Custody Complaint. I certify that I am the Defendant named in the above Custody Complaint. Date: Justin D. Lebo 1119 Pine Road Carlisle, PA 17015 Defendant p ii q N V JUN 2 52008 BROOKE E. DYARMAN, Plaintiff vi. JUSTIN D. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008 - 3155 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW this 7 day of June, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Father, Justin D. Lebo, and Mother, Brooke E. Dyarman, (hereinafter, collectively "the parties") shall have shared legal custody of their child, Ryan M. Lebo, born July 4'', 2007 (hereinafter, "the child"). 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 her health, education and religion. Pursuant to the terms of 23 Pa.C.S. § 5309, 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, as well as the residence address of the 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 medical treatment and 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, extra-curricular 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 partial physical custody of the child on alternating weekends from Friday evening through Sunday afternoon and at other times as the parties mutually agree. 4. Father shall pick up the child on Friday after work from the babysitter. Mother shall pick up the child from Father on Sundays at such times as the parties agree. 5. The parties shall share custody of the child on holidays with the understanding that Mother works every other holiday. On the holidays that Mother works, Father shall pick up the child in the morning and have the child until 3:00 p.m. at which time Mother shall pick up the child from Father's care. On the holidays that Mother does not work, Mother shall have the child until 3:00 p.m. at which time Father shall pick up the child from Mother's care and shall O enjoy custody until 8:00 p.m. that evening or as the parties utually agree otherwise. Father M Yi CO shall have custody of the child on Father's Day and Mother shall have custody of the child on Mother's Day. The time periods for Mother's and Father's Day shall be from 8:00 a.m. to 8:00 p.m. Father and Mother shall share custody of the child on her birthdays as the parties agree, particularly because the child's birthday falls on a holiday, the 4a' of July. The holiday and birthday schedule shall supercede and take precedence over the regular custody schedule. 6. The parties shall keep each other advised of their current address and telephone number. 7. Neither parent shall do or say anything, nor permit a third party to do or say anything that may estrange the child from the other party or injure the opinions of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT: cc: " gobert J. Dailey, Esquire ?Justin D. Lebo, 1119 Pine Road, Carlisle, PA 17015 -,"'John J. Mangan, Esq. Co P Iec /nU1 L(_ `?aC)PE3 BROOKE E. DYARMAN, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008 - 3155 CIVIL TERM JUSTIN D. LEBO, Defendant : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ryan M. Lebo 7/04/2007 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 24, 2008 with the following individuals in attendance: The Mother, Brooke E. Dyarman, with her counsel, Robert Dailey, Esq. The Father, Justin D. Lebo, did not appear. 3. The undersigned recommends the entry of an Order in the form as attached. L:zs Date Jo gan, Esquire C tod Conciliator