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HomeMy WebLinkAbout10-167120M OM CSC" &U TAB Kara W. Haggerty; Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 VITALIY MORGUNOV, Plaintiff V. TATYANA MORGUNOVA, Defendant Ff M-t'3i=F(C£" OF THE R£?f) T N!NOTAPY 2010 MAR -9 PM 3: 24 CJrJ, :. _ JNTY & a# t 417.2 .$,94.00 Rec.H'j3pIff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. i O 167 ? CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Vitaliy Morgunov, who currently resides at 2 Marshall Drive, Apt. K- 20, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Tatyana Morgunova, who currently resides at 303 Glendale Drive, Shiremanstown, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name: Alexander Vitalevich Morgunov Date of Birth: 09/28/07 Address: 303 Glendale Drive, Shiremanstown, PA 4. The child was born out of wedlock. 5. The child is presently in the primary custody of Tatyana Morgunova, who resides at 303 Glendale Drive, Shiremanstown, Cumberland County, Pennsylvania. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Vitaliy Morgunov and Tatyana 303 Glendale Drive, Birth - January 29, 2010 Morgunova Shiremanstown, PA Tatyana Morgunova 303 Glendale Drive, January 29, 2010 - Present Shiremanstown, PA 7. The mother of the child is Tatyana Morgunova, who resides at 303 Glendale Drive, Shiremanstown, Cumberland County, Pennsylvania. 8. Mother of the child, Tatyana Morgunova, is married but separated. 9. The father of the child is Vitaliy Morgunov, who currently resides at 2 Marshall Drive, Apt. K-20, Camp Hill, Cumberland County, Pennsylvania. 10. Father of the child, Vitaliy Morgunov, is married but separated. 11. The relationship of Plaintiff to the children is that of Father. 12. The relationship of Defendant to the children is that of Mother. 13. The Plaintiff currently resides with the following persons: his parents. 14. The Defendant currently resides with the following persons: herself and the child. 15. 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. 16. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. The Plaintiff does not know of a person or 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. 18. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Plaintiff has been a primary caregiver of the minor child since his birth. Plaintiff has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; Purchased, cleaned and cared for the child's clothing; iv. Arranged medical care, including trips to physicians; V. Arranged alternative daycare; Vi. Put the child to bed nightly, 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 Plaintiff. C. Plaintiff is able to provide a stable environment for the child. d. The parties' work schedules - Plaintiff works first shift and Defendant works second shift - provide an ideal situation for shared physical custody. e. By nature of their schedules, the parties have been sharing custody and sharing responsibilities and duties regarding the child. 19. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WIYEREFORE, the Plaintiff requests that this Court grant the parties shared physical custody of the child as it would be in the child's best interests. Respectfully submitted, ABom & KUTUL 4xis, L.L.P. DATE 0.3 AID kuaz. F-k Kara W. Haggerty, E,squizie I Supreme Court ID 9 4 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, VITALIY MORGUNOV, verify that the statements made in the foregoing document 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 VITALIY MORGUNOV CERTIFICATE OF SERVICE AND NOW, this q?day of March 2010, I, Kara W. Haggerty, Esquire, 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 certified mail, postage prepaid, to the following: Tatyana Morgunova 303 Glendale Drive Shiremanstown, PA 17011 Respectfully submitted, ABOM & SUTULmas,L.L.P. Kara W. Haggerty, e Supreme Court ID 14 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff OF T PCI ? h?TAF?Y 2tf0 MAR -9 PM 3- 29 -ABom & UTULAKIS Kara W. Haggerty, Esquire Attomey I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 VITALIY MORGUNOV, Plaintiff V. 1 J A ?G ? ?J V I ,? 70.00 Rr-C?238L9/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA N 0. TATYANA MORGUNOVA, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, this 9`'' day of March, 2010, comes the Petitioner, Vitally Morgunov, by and through his attorney, Kara W. Haggerty, Esquire, of ABOM & KUTuLAKIS, L.L.P., and respectfully petitions this Honorable Court to grant Petitioner special relief, and in support thereof avers the following: 1. A Complaint for Custody is being filed simultaneously with this Petition by Father seeking shared legal and physical custody of the parties' minor child: Alexander Vitalevich Morgunov, born September 28, 2007. 2. Defendant/Respondent had filed a Protection from Abuse action, Cumberland County Docket No. 2010-1295, against Petitioner, and a hearing was held on Thursday, March 4, 2010. 3. As part of the Final Order, Judge Guido awarded Respondent primary physical custody of the child pending the filing of a custody action. He further provided Petitioner partial physical custody of the child Monday through Friday from 2:30 p.m. until 9:00 p.m., and Petitioner is to pick the child up from and return the child to the parties established babysitter. 4. The request to exchange custody at the babysitter was made by Respondent so as to limit or avoid contact between the parties. 5. On Friday, March 5, 2010, the babysitter advised Petitioner that she would no longer be willing to watch the child in the evenings and would not be available for Petitioner to drop off the child at 9:00 p.m. 6. Prior to the entry of the PFA Order, Petitioner had kept the child with him each evening until Respondent was off from work. Respondent would then pick up the child from Petitioner each evening. 7. Undersigned counsel made contact with Shana Walter, Esquire, with Mid-Penn Legal Services to request another option for a babysitter. 8. Attorney Walter advised that Mid-Penn Legal Services was only involved to represent for the PFA action and would not be assisting in coordination of babysitters; therefore, undersigned counsel was directed to contact Respondent directly. 9. Upon a request for an alternate babysitter, Respondent provided her mother and stepfather, who reside in Palmyra, as the babysitter. 10. Pursuant to the PFA Order, Petitioner is prohibited from having any contact with Respondent, even through third persons. 2 11. Petitioner believes that contact with Respondent's parents would not be in the best interest of the child at the present time as the relationship between her parents and Petitioner is not good. 12. Respondent has not provided a viable alternative babysitter that allows Petitioner to have the contact with his son that was awarded in the PFA Order. 13. It is believed and therefore averred that Respondent is not providing a reasonable alternative babysitter as a way to purposefully interfere with Petitioner's relationship with his son. 14. Petitioner believes and therefore avers that it is in the best interest of the child for him to exercise custody with the child Monday through Friday from after work until such a time that Respondent is off from work and able to pick up the child. 15. Petitioner believes and therefore avers that a third party would be able to conduct the exchange in the evening so as to avoid contact between Petitioner and Respondent. 16. Petitioner is willing to continue to take the minor child to a babysitter at 9:00 p.m. so long as Respondent provides a neutral third party babysitter, and not a family member. 17. Petitioner believes and therefore avers that it is in the child's best interest for him to continue to exercise custody on Monday through Friday, and also to exercise custody on alternating weekends from Friday through Sunday. 3 WHEREFORE, Petitioner prays that This Honorable Court grant his Petition for Special Relief and grant Petitioner partial physical custody on Monday through Friday from after work until either 9:00 p.m. at a neutral babysitter or after Respondent is off from work, and on alternating weekends. DATE Respectfully submitted, ABOM&BUTULA"S, L.L.P. k"A Kara W. Haggerty, Attorney ID No. 8 ` 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner 4 VERIFICATION I, VITALIY MORGUNOV, verify that the statements made in the foregoing document 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 VITALIY MORGUNOV AND NOW, this 9`' day of March, 2010, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Tana Morgunova 303 Glendale Drive Shiremanstown, PA 17011 Respectfully submitted, Abom & Sutulalas, L.L.P. ? Ata Kara W. Haggerty, Attorney ID No. 8 14 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 5 G VITALIY MORGUNOV, Plaintiff V. TATYANA MORGUNOVA, Defendant _s- MAR 0 9 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 16 -1671 CIVIL ACTION - LAW IN CUSTODY AND NOW, this I- day of March, 2010, upon consideration of the attached Petition for Special Relief, it is ORDERED and DECREED that Petitioner is granted partial physical custody every Monday through Friday from after work until 9:00 p.m. at which time Petitioner shall drop the child off at a neutral babysitter,ammaely FURTHERMORE, it is Ordered and Decreed that the parties and their respective counsel appear before This Honorable Court, on the a01 ad day of 'Ma4ok , 2010, at d . 30 .m., in Courtroom No. 5 of the Cumberland County Courthouse for a Hearing on said Petition. BY THE COURT: J *aZ-Morgunova Haggerty, Esquire - For the Petitioner - Pro Se Respondent n c- y -13 fi'1 r, d 0 N ?i N ?r j i f lk A,-. J& * uow* *%vqN"%m% VITALIY MORGUNOV IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TATYANA MORGUNOVA DEFENDANT 2010-1671 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 16, 2010 ___, upon consideration 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 Friday, April 23, 2010 at 8:30 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. 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/ Hubert X. Gilroy, Esc 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 ' f rrT ? rt 1 ??•{1 WHO 1 6 pl, ?, 1 6 %U t l Lo l b c o Ptk-A-?? jA cl-w (n 16 Cr> V\ct c--e- cS r `r --? 1-?-- APR 3 d [t110 VITALIY MORGUNOV, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW TATYANA MORGUNOVA , NO. 2010-1671 Defendant IN CUSTODY ORDER ~`~Y AND NOW, this ~ ` day of April, 2010, the Conciliator being advised the Plaintiff has withdrawn the Complaint, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Esq Custody Conciliator Ca rv Q ' I- C~ i i 'T_7 ~' -' -_,,,-t - i -~Ti . ,` t r ~ , ~' ~; ' _-~ "~ Q _~L7 O ,~