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Home My WebLink About97-01666 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY L. MYERS and DEBORAH K. MYERS, Husband and Wife, Plaintiffs CIVIL ACTION - LAW IN CUSTODY V. NO. 97- /1ft-6, (~...:::6"." KENNETH ADDINGTON and TERESA M. ADDINGTON, Husband and Wife, Defendants ORDER OF COURT AND NOW, this lO\n day of ADI' \ , 1997, upon consideration of the attached Complaint, it is hereby directed r~th ttheMarties and their respective, counsel shall appear befoBe C~;~'+Cc~~' c !1'~. ~ ~~I L::Yt. , o~h~h;~jlgt~to~~y a~f ?[Jrl ~, I~- "' 4H. {/'oor -*-~ ' 1997 at ~ o'clock .Q....m. 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. All children age five or older may also be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT, ~(,,"a-f t. C../1/:)7, E%, BY:~ 0 ~fiY~i.l:a.... Custody Con~ill.~to'r lJcT.t::,,)'J 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. 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 C'"l.WDO(T('WTttlnnn..lLU'i'Wt1lOY n.. f./?;D q, t\\1Drr'\e'l \)0\\0> (\QlJ:'~-1tT~ -I~''C\~.-\y\\'_. (0 \:f~;::t:: <:)\ "i-C (-\-\el \\0\::<:"[ ~ b \ rO'!1 E \Cl' '\j:), Fl,o-el::'^: 0... T' . -:'" 0" "-'- . " " - '-. ".','1'1 1'1' , o~ ~"":l I .4/ i.I"', I ;.: r~. I Q . ,.. .,, .. C'I' U" " _' 0.. . ,.~ ' : ~-'( PE\I,\r-.,:'r'l \11.,: ;"t' >. I , h... L.,J(\j\/\ 1/11,t/) tcJ ~ 1lPf2t. /11~.Jl/ t ai !j,~ fI.//.?) ';;';J&t /l-a'.b ~I ~ . 1/' /I.n t''f#;JM1 ~I'- /1/. WI'r f&' , , ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 't BARRY L. MYERS and . , : DEBORAH K. MYERS, : ' . Husband and Wife, I Plaintiffs CIVIL ACTION - LAW : IN CUSTODY -r;.'I'M. V. . C"U' / . 97- /i,t.,~ : NO. KENNETH ADDINGTON and TERESA M. ADDINGTON, . . Husband and Wife, . . Defendants . . :1 "I " , COMPLAINT FOR SOLE LEGAL AND SOLE PHYSICAL CUSTODY AND NOW, this lst day of April, 1997, comes the Plaintiffs, Barry L. Myers and Deborah K. Myers, Husband and Wife, by and through their attorneys, HANFT & VOHS, and files the following Complaint for Sole Legal and Sole Physical Custody and in support thereof avers as follows: I. The Plaintiffs are Barry L. Myers and Deborah K. Myers, Husband and Wife, adult individuals residing at 400 Wertz Run Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendants are Kenneth Addington and Teresa M. Addington, adult individuals residing at 530 North Fry Street, Apartment #27, Jasonville, Greene County, Indiana 47438. 3. The Plaintiffs, the Maternal Grandparents, seek sole legal and sole physical custody of the following child: Name Present Residence Aae Krystal Lynn Addington 400 Wertz Run Road, Carlisle, PA l7013 3 6/24/93 C.~'CllrlmYa-.. The child was not born out of wedlock. The parents of the child are the Defendants, who reside at 530 North Fry Street, Apartment #27, Jasonville, Greene County, Indiana 47438. They are married. 4. The relationship of Plaintiffs to the child is that of maternal grandparents. The Plaintiffs currently reside with the minor child and have since the child's birth. 5. The relationship of Defendants to the child is that of natural parents. The Defendants currently reside together. 6. Plaintiffs have not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or another court. The Plaintiffs have no information of a custody proceeding concerning the custody of the child in this or any other court. The Plaintiffs do 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. 7. The best interest and permanent welfare of the child will be served best by granting the relief requested becausel a) The Plaintiff's are the maternal grandparents of the minor child~ b) The Plaintiffs have had primary physical custody of the minor child since the birth of the minor child, June 24, 1993. On December 7, 1993, the Defendants executed an agreement granting the plaintiffs custody of the minor child. On May 24, 1994, the Defendants executed another c:~w.nu.aaAa-nan.1flrrow agreement granting Plaintiffs custody of the minor child. The agreement dated May 24, 1994, i~ attached hereto and made a part hereof and marked as Exhibit "A". c) The Plaintiffs are ready, willing and able to provide the child with a home with adequate moral and emotional and physical surroundings as required to meet the child's needs and best interest; d) The Defendants have demonstrated that they are not able to care for the child on a primary or full time basis; e) The Plaintiffs are able to provide the child with a more stable and emotionally balanced home and home life than the Defendants; f) The child's emotional, spiritual, and physical well being are presently being maintained by the Plaintiffs and Plaintiffs, due to their station in life and their love and affection for the child, are in a better position to continue to provide for these needs. g) The Defendants abandoned the minor child on October I, 1996 when they moved outside the Commonwealth of Pennsylvania to an undisclosed address. Plaintiffs have been continuing to provide for all of the minor child's since the Defendants' abandonment. needs 8. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child has been named as parties to this action. There are no other persons who are known or claim a right to custody or C".~LU.~Yrow , I I, I". , , i ' : ~ II , i WHEREFORE, Plaintiffs, Barry L. Myers and Deborah K. Myers, Husband and Wife, ~espectfully request Your Honorable Court grant the Plaintiffs sole legal and sole physical custody of the minor child, Krystal Lynn Addington. Respectfully submitted, tJUAuL William C. Vohs, Esquire Attorney ID No. 65208 11 W. Pomfret Street, Suite 2 Carlisle, PA 17013 (717) 249-5373 C.~w:wt'OD"COW VERIFICATION WE VERIFY that the statements set forth in the attached document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. ) ;( - ^ ,) Bar~ f{;~~r'~ ' \/ , ;! !;j::jj v L- ~ l i.,' I. / Deborah K. Myers " (( J .' ~a.u.'CUST'ODTCOW ,I ( AGREEMENT '.1, ',' T'/I- THIS AGREEMENT, made this day of May, 1994, BY AND BETWEEN: KEN~Y ADDINGTON and TERESA ADDINGTON, of Ca~lisle, Cumberland county, Pennsylvania, (hereinafter called "Addingtons"), AND BARRY MYERS and DEBBI MYERS, of Carlisle, Cumberland County, Pennsylvania, (hereinafter called "Myers"). WHEREAS, Addingtons are the parents of Krystal Lynn Addington, (hereinafter "Krystal"); and WHEREAS, the Myers are willing to help easa tho financial burden that caring for a baby places on the Addingtons; WHEREAS, Addingtons believe that it will be in the best interest of Krystal that Myers care for and nurturo Krystal for an additional twelve (12) months as though the Myers were the parents of Krystal; WHEREAS, Addingtons will retain all rights they have as parents of Krystal; WHEREAS, the Myers are willing to provide for all of Krystal's needs for a period of twelve (12) months from the expiration date of the Agreement between the Parties dated December 7, 1993; NOW, WITNESSETH, that for and in consideration of the mutual promises contained hereinr the parties hereto agree as follows: 1. Myers agree to pay for any and all medical costs incurred by Krystal during the twelve (12) month term of this Agreement. Myers shall not be responsible for any expenses incurred prior to the Agreement dated December 7, 1993 and shall not be responsible for any debts incurred after the expiration of this Agreement. 2. Myers agree to pay for any and all legal costs incurred regarding the drafting of this Agreement. 3. Addingtons agree that Myers shall have full and complete custody of Krystal with Addingtons having as much visitation with Krystal as they (Addingtons) desire. Should the Addingtons desire visitation, they must notify Myers at least twenty four (24) hours prior to said visitation. 4. Addingtons and Myers mutually agree to execute any and all legal documents to achieve the intent and purpose of this Agreement. .' ( IN WITNESS WHEREOF, the parties hereto intending to be legally bound hereby, have hereunto set their hands and seals the day ~nd year first above written. WITNESS: ~_ ':-.l-\..l i I , { ..,: I.. 'I /;ll_!.'.J~ , ..-f ".~,: ',.,.... --:-1- ',:' ~, ,. .,,.'.../'(SEAL) Kenny Addington . I .1 I " I. , . I ^ ...-,' i -/" . ' (SEAL) T~r~sa'Addi~dt;~ (..... : .. ,., / ').; -, , / (. ....Jj Barry Myers " ..../ I /. ~,.:.,.' '(SEAL) .' I. , , h' ,'.. '... I I. "X,.. !'," (.;-< .... ~ ~"'"'' (. ~1 . Debbi Myers (SEAL) , ,- tn 1:- l' , 11.\- '. , 0' ( , ", !:'. . , C" oj (. C .' .I ; " ," I , " , .j .' ... r- I Ci" '.J MAY 2 9 1997J'r-"" BARRY L. MYERS and DEBORAH K. MYERS, Plaintiffs :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . :CIVIL ACTION - LAW V KENNETH ADDINGTON and TERESA M. ADDINGTON, Defendants . . :NO: 97-1666 CIVIL TERM : :IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Krystal Lynn Addington, aka Krystal Lynn Myers, born June 24, 1993. 2. A Conciliation Conference was held on May 22, 1997, with the following individuals in attendance: The Maternal Grandparents, Barry L. Myers and Debroah K. Myers, with their counsel, William C. Vohs, Esquire. The Parents, Kenneth Addington and Teresa M. Addington, did not appear at the Conference. Notice of the Conference had been sent to them by Certified Mail. 3. The Plaintiffs in this case are the Maternal Grandparents. They have had custody of the minor child since the child's birth. The Parents are living in Indiana and have not seen their child since August of 1996. 4. The Conciliator recommends an Order in the form as attached. s 1?-7/ q'7 DATE Hubert x. Gilroy, Esq Custody Conciliator