The URL can be used to link to this page

Home My WebLink About10-1607MARK STEPHENSON LYTER, JR., PLAINTIFF VS. MELISSA MARIE LYTER, DEFENDANT : IN THE COURT OF COMMON I@EAW ; : OF CUMBERLAND COUNTY,- : PENNSYLVANIA J - - NO. 10 - 1(001 CIVIL TERW 00 rn f ' CIVIL ACTION - LAW x- y IN CUSTODY o v -t NOTICE TO DEFEND AND CLAIM RIGHTS 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, property or other rights important to you. 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 Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 41'7q. 0o PO ATN GG`# 139$ P_T* a38(Ab? MARK STEPHENSON LYTER, JR., PLAINTIFF VS. MELISSA MARIE LYTER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 1,04467 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, MARK STEPHENSON LYTER, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Father") is MARK STEPHENSON LYTER, JR., who currently resides at P.O. Box 4, Landisburg, Perry County, Pennsylvania, 17040. 2. The Defendant (hereinafter sometimes referred to as "Mother") is MELISSA MARIE LYTER, who currently resides at 82 Linda Drive, Lot 13, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff seeks Full Legal and Primary Physical Custody of the following children: Name NICHOLAS STEPHENSON LYTER NATHEN ALEXANDER LYTER HEATHER LYNN LYTER Present Residence P.O. Box 4 Landisburg, PA P.O. Box 4 Landisburg, PA P.O. Box 4 Landisburg, PA Date of Birth July 20, 1996 June 17, 1998 February 28, 2001 4. Nicholas and Nathan were born out of wedlock. Heather was born during the parties' marriage. 5. Physical custody of the children is primarily with Plaintiff, who resides at P.O. Box 4, Landisburg, Perry County, Pennsylvania, 17040. 6. For the past five (5) years the children have resided with the following persons at the following addresses: PERSONS ADDRESS DATES Defendant various locations in 2005 to February 24, 2010 Mechanicsburg and Perry County, PA Plaintiff P.O. Box 4 February 24, to Present Landisburg, PA 7. The Mother of the children is the Defendant, Melissa Marie Lyter, who currently resides at 82 Linda Drive, Lot 13, Mechanicsburg, Cumberland County, Pennsylvania, 17050. Father and Mother are separated and a divorce has been filed. 8. The Father of the children is the Plaintiff, Mark Stephenson Lyter, Jr., who currently resides at P.O. Box 4, Landisburg, Perry County, Pennsylvania, 17040. 9. The relationship of the Plaintiff, Mark Stephenson Lyter, Jr., to the children is that of the Natural Father. Father resides at P.O. Box 4, Landisburg, PA 17040. 10. The relationship of the Defendant, Melissa Marie Lyter, to the children is that of the Natural Mother. Mother resides at 82 Linda Drive, Lot 13, Mechanicsburg, PA 17050. 11. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the children in any other court in Pennsylvania. 13. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the children will be served by granting the relief requested because: A. Father has great love and concern for the physical and psychological safety of his children. Father has long been concerned, but had no evidence that Mother was involved and exposing the children to illegal chemical substances and abuse; B. February 24, 2010, Children and Youth acting on information provided to the agency, investigated and took physical custody of the children from Mother, giving custody of the children to Father; C. Father believes the children should be in his care in a secure, stable, safe environment. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as a party to this action. WHEREFORE, Plaintiff, MARK STEPHENSON LYTER, JR., requests this Honorable Court award the Plaintiff, MARK STEPHENSON LYTER, JR., FULL LEGAL CUSTODY and PRIMARY PHYSICAL CUSTODY of the parties' minor children, NICHOLAS STEPHENSON LYTER, NATHEN ALEXANDER LYTER and HEATHER LYNN LYTER and the Defendant, MELISSA MARIE LYTER, SUPERVISED, PARTIAL PHYSICAL CUSTODY of the parties' minor children. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: March 2, 2010 Counsel for Plai PA I.D. # 64998 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: ARK STEPHENSO LYTER JR. EXHIBIT "A" 5 ?? a ? o 7177969286 Q7 U N O A X?l I Q RS U J CJ NJ a O A z v Yn U W y v? u ? h U SATURN OF CARLISLE P y }4 b a CG w O d w , p I 1 W h ec C e? S O w 0 w? ? w 4 o ?aa w yl Sg p? u u o o'er p u Ftl? O f: w to w u u ?w PAGE 01/01 w ? N hl lr W O 61 .b 0 :a C d s ?W a R or ', ?op X o u ao ra cd ca e) te) b ? O G p C u U M d G a? y ? u o 2 a, .r Q - 4 MARK STEPHENSON LYTER JR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA MARIE LYTER 2010-1607 CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, March 09, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 13, 2010 at 11:30 AM for a Pre-t-fearing 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 ofa 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/ Dawn S. Sunder 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 (7I7) 249-3166 ?i -t, r?RY 2010 MAIR 12 All I I : 3 4 cuva , .. s