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HomeMy WebLinkAbout09-4411J LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: IsaylorC pirlaw.com LEE HYMAN, Plaintiff V. DEBORAH BURNETT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09- Ny11 IN CUSTODY NOTICE CIVIL TERM YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD 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, PA 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF '1990 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. 2 LEE HYMAN, Plaintiff V. DEBORAH BURNETT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 q- i-l 1) CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Lee Hyman, residing at 1804 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Deborah Burnett, residing at 524 Front Street, New Berlin, Pennsylvania 17855. 3. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth Marlee Hyman 1804 Carlisle Road, Camp Hill 7/24/1997 4. The child was born out of wedlock. 5. The child is presently in the custody of Lee Hyman, who resides at 1804 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 6. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Lee Hyman 1804 Carlisle Road Kiersten Hyman Camp Hill, PA Elliot Hyman Lee Hyman 6567 Buffalo Road Kiersten Hyman Miff linburg, PA 17844 Elliot Hyman Duration 04/2008 - present 10/2004 - 04/2008 3 Deborah Burnett 524 Front Street 10/2004 - 4/2008 Diane Moyer New Berlin, PA 17855 Lee Hyman 419 North Front Street birth - 10/2004 Kiersten Hyman Milton, PA 17847 7. The Mother of the child is Deborah Burnett, currently residing at 524 Front Street, New Berlin, Pennsylvania. She is single. 8. 9. 10. 11 The Father of the child is Lee Hyman, currently residing at 1804 Carlisle Road, Camp Hill, Pennsylvania. He is married. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name Relationship Kiersten Kimberly Hyman Wife Marlee Hyman Daughter Elliot Hyman Son The relationship of Defendant to the child is that of mother. Defendant currently resides with the following persons: Name Diane Moyer Colin Burnett Relationship Partner Son Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in the Court of Common Pleas of Northumberland County, Pennsylvania, Civil Action No. CV-01- 541. After a Child Custody Modification Stipulation and Agreement was filed, an Order was entered on May 6, 2008, granting shared legal and physical custody between both parties. The said Order is attached hereto and incorporated herein as Exhibit "A." 4 12. Plaintiff has no information of any other custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The court, term and number, and its relationship to this action is: Not applicable. 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 rights with respect to the child. The name and address of such person is: Not applicable. 14. The best interest and permanent welfare of the child willl be served by granting the relief requested because: The custody order requested has been the custody arrangement in effect since Father moved to Cumberland County in April of 2008, the child is thriving under said arrangement, and the parties hereto, as well as the child, wish for said arrangement to continue. 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 Address Basis of Claim Not applicable. 5 Wherefore, Plaintiff respectfully requests the Court to grant primary physical custody of the child to Plaintiff, with Defendant having partial periods of physical custody as mutually agreed by the parties. Respectfully submitted, THE LAW OFFICE OF PETER J. RUSSO, P.C. Elizabeffi J. e lor, Esquire Attorney I.D. No. 200139 Peter J. Russo, Esquire Attorney I.D. No. 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorneys for Plaintiff Date: 7 - i - o y 6 EXHIBIT A DEBORAH BURNETT, Petitioner vs. LEE HY.MA.N, Respondent :IN THE COURT OF COTOMON PLEAS :OF NORTHCIMBERLATiD COUNTY, PA CIVlL ACTION-LAW :NO. CV-vI-,fZ// ORDER AND NOW, this (p ?h day of Tlay 2008, upon presentation of the within Agreement as to custody of the parties' minor child, IT IS BEREBY ORDERED and DIRECTED that the terms and provisions of the same are hereby approved and incorporated by reference in the present Order of Court, as fully as though., and with the same force and effect as if such Order has been enacted after Petition, Notice and Hearing. BY THE COURT, Extracted from the records and certified this & fh day A.D. 2008 Prothonotary ,4y Commission Expires First Monday of January, 2010 0, I DEBORAH BURNETT, :IN THE COURT OF COMMON Petitioner :OF NORTHUMERLAND COUNTY,PA vs. :CIVIL ACTION-LAW LEE HYMAN, :NO. CV- v Respondent 'CUSTODY CHILD CUSTODY MODIFICATION STIPULATION AND AGREEMENT AND NOW, this /Sr day of 2008, comes the parties, Deborah Burnett(Mother) and Lee Hyman (Father), and enter into this Child Custody Modification Stipulation and Agreement and in support hereof aver as follows: WHEREAS, the parties are the natural parents of one(1) minor child, namely, °Marlee-Hyinari; age 10, born July 24, 1997, and, WHEREAS, the parties have agreed upon a custody order delineating the parties' rights and responsibilities, the terms of which agreement they desire to set forth in the present Child Custody Modification Stipulation and Agreement; and, WHEREAS, the parties desire the provisions of the present Child custody Modification Stipulation and Agreement be approved by Your Honorable Court and entered as a court order with the same force and effect as though said order had been entered after Petition, Notice and Hearing. NOW, THEREFORE, with the foregoing incorporated by reference and intending to be legally bound, and in consideration of the mutual promises and agreements contained therein, the parties agree as follows: 1. The parties shall share legal custody of the minor child. 2. The parties shall share physical custody of the minor child., as parties mutually agree, such agreement shall not be unreasonably withheld. 3. The parties agree that they will alternate the dependency exemption for the child so that Father would be able to claim the minor child. in odd numbered tax years and the Mother would claim the minor child in even numbered tax years. IN WITNESS WHEREOF, the parties hereto have duly executed the Child Custody Modification Stipulation and Agreement the day and year first written above. WITNESS: Deborah Burnett Date: ` ) 10 Lq ? Lee Hyman gyp, Date: 5\\ 2 VERIFICATION I, Lee Hyman, verify that the statements made in this Complaint for Custody are true and correct. 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: 7 Al 0 Lee Hyman 7 OF THE 2009 JAL. - i °i) . ' , 9 r? $1105, 50 PO A-rT`I CO 3aq(o Pi'g' 2a lgl5