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Home My WebLink About00-08321 II "'-..,', -.1..,-, - '..1...- r MARK E. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PA v, NO, ()O - <;J3:J. J JESSICA L, MYERS, Defendant CIVIL ACTION LAW - IN CUSTODY ORDER I '21l J pC4C "7 '0 Upon cpnsi~eration of tJ;e jltta<;1t.ed P~tition for Emergen:y Injunctivelelief'LotI8ttldy uf tbe t:: ttc. ~v~..C LQ.J) ttll.2II'el) lClA+e.,a..-,U-..L-,d f-c.U(r;;-U oJdu ,.r ',' s and Christo her ' c..o..ut I Vlt.l .s.. ,1 ""C'""!""'..c.. l~c ,-L~ -h-,,_ c ace 'ti k E,' ( ~oW1"'Z~"""'c71tl p~')s.ll",0i.2. V7fJ.J s.~rc..c.. ~t..l...t..'? lei)" J- t-k-l.- C I .. i e..>J +/'6 -c., 11:. c..o Gl the COlllm61h,ealthofl't:ftD8)19:ani<:l __ A conci1i~tinn heariHg ';;i:!l be- held !tt e'eloek 0.a tl1e lla3'1lf , ~OOO!ll betore BY THE COURT .. ~ !.op-;'/) Jrn/).: 2.) a 0)1. ~~Ji~ JI-J$~OO ~Xs J, cc: Karl R, Hildabrand, Esquire Document #: 191210.1 I I "~, ,. -'. ~__.~ , 0 ,11-' 1 "~, , MARK E, MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PA v. NO, tJP- 'f3;L/ Q;;J J~ JESSICA L. MYERS, Defendant CIVIL ACTION LAW - IN CUSTODY PETITION FOR EMERGENCY INJUNCTIVE RELIEF 1, Plaintiff/Petitioner is Mark E. Myers who currently resides at 33 Rollo Court, . Mechanicsburg, Cumberland County, Pennsylvania 17055 since April, 2000, 2, Defendant/Respondent is Jessica L. Myers, whose last known address was 33 Rollo Court, Mechanicsburg, Cumberland County, Pennsylvania 17055, 3, The parties are the parents of three minor children: Jordan Elizabeth Myers (age 7), Ryan James Myers (age 4) and Christopher Matthew Myers (age 3), 4, The parties were married on August 7, 1999 and have lived together with the children in Pennsylvania ever since they were born, 5, During the marriage Defendant/Respondent has engaged in several relationships with men that she has met over the internet. Defendant/Respondent has been engaged in an affair, over the internet, and otherwise, with a man from New Jersey since at least June, 2000, 6, On November 24,2000 the Defendant left the marital home to be with the boyfriend and her present whereabouts are unknown, 7. Defendant is unemployed, has no immediate ties to the area and has indicated that she wants a divorce from Plaintiff and desires to live with her new boyfriend, Document #: 187450.1 ~ - L' - 'Ii" --;it;., , 8, Plaintiff strongly believes that the Defendant will seek to remove the children from Pennsylvania to move to reside with the boyfriend in New Jersey, with or without notice to Plaintiff/Petitioner or with or without his consent, 9, Any such move would seriously impair the Plaintiff/Petitioners ability to be an active parent with his children, 10, Plaintiff/Petitioner has played an active role in the raising and care of his children, and desires to continue in that regard. 11, Defendant does not have a valid basis for the move. 12, Plaintiff/Petitioner believes that any such move would solely be so that the Defendant could be with her new boyfriend. 13, Plaintiff has filed, contemporaneously with the filing of this Petition for Emergency Injunctive Relief, a Complaint for Custody, 14, Under Plowman v, Plowman, 409 Pa, Super. 143, 597 A.2d 701 (1991), prior to removal of the children from the jurisdiction, the Court must hold an evidentiary hearing on the proposed relocation to examine the factors set forth in Gruber v, Gruber, 400 Pa, Super. 74, 583 A,2d 434 (1990), 15, The children must remain in this jurisdiction pending the evidentiary hearing, 16, Defendants whereabouts and current residence are unknown, Document#:18745Q] '"' , - _,,"~' ~ , -,>".",,"'-_'..,-,- '"' .....1.> j.- "0;";;"::; WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court enter an immediate emergency injunction placing temporary custody of the children with Plaintiff/Petitioner and preventing Defendant/Respondent from removing the children from the Commonwealth of Pennsylvania until such time as there can be a hearing to determine whether such a move is in the children's best interest, Respectfully Submitted METZGER, WICKERSHAM, KNAUSS & ERB, P,C, Dated: /(. A!/- cJO BY:y;;f: (~~ Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 3211 North Front Street P,O, Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document #: 187450.1 ,.'~ ~ II , 1.- ~"_ --''''''' '''t. . - - 'I';'_--'-~- '._.._J", "<";~i VERIFICATION I verify that the statements made in the foregoing PETITION FOR EMERGENCY INJUNCTIVE RELIEF 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, /(_' 1 C_ 00 Date: 0<. 0 :;;;?# ~ Mark E, Myers Document #: 187450.1 -,,~~~ ,1-1 L I<-~ . -. ~. Ii _ 't~ .-.......... MARK E, MYERS PLAINTIFF V, JESSICA L. MYERS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8321 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 4th day of December, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenne, Suite lOS, Camp Hill, PA 17011 on the 3rd day of Jannary, 2001 , at 11:00 a.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, By: /s/ Melissa P. Greev s. Custody Conciliator d 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , ",. '''~ ~H _,_, ~~, "~"ri'T" "-~ ~""~ "'~.. _'~~_""~~0'. -, ~ ^ ",,- - ".'."" ,- "~ , ~~~._ FiLEi}'vr:FiCE O~ ,...~ ' - 1- I"';,' ~'::l'-11'i:I'''' "'TAR'\! ........ . "\.I,' ;.J;\:Ju''Ii , OODEC-5 AMIO:40 CUM8ERLAND COUNTY PENNSYLVANIA /dsev w- ~ /U~ 0 -"~ ,rL~ /,;)cS-,tip 'Jt~ ~ ;{; 11(7 1~0~'Ot? ('~ /U~ ;t; ~_~ . .- 1!Wi '!""'''^"< .. ~:"'<""~ J<WIImn'l-'''''Wilie___'__~W'1l''~~~~c'''!I'ffl~~",~~~,'''i'l)~'!IJf~~>)~r''-l'\'i'''',''",~'''''~"":'.,,," ,,':' T__;:_C -. ,-::>, ..,-':-,' '"",""~. ."._".-,,"''''O_'',"'''''''''''''~'''''''''''''~'''1'o/~:!'\>''m''''_~!!f'~'~"~~~'' m~'~ ~~, ~ , . [, ~ > ,;"- _''''>, """"" ""','1.",,' L,., '" ' ~i"" MARK E, MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PA v, NO, (JO' g32 J JESSICA L. MYERS, Defendant CIVIL ACTION LAW - IN CUSTODY OR D E R OF COURT AND NOW, this _ day of November, 2000, upon consideration of the attached Complaint for Custody, it is hereby directed that the parties and their respective counsel, appear before ,the conciliator, on the _ day of ,2000 ,at ,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 defme 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 the entry of a temporary or permanent Order, BY THE COURT: Dated: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation 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 TIllS 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, Pennsylvania 17013-3387 PHONE: (717) 249-3166 Document#: 191203.1 ._-- ,,"-,bJ 11 ' ., 1,_ _ M' .- , ~-., "y)' ",; -_.e,_'- _.- 'e' 'J"",,~ 'J", ,__.' MARK E, MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PA v. NO, JESSICA L. MYERS, Defendant CML ACTION LAW - IN CUSTODY NOTICE 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 anda 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, including child custody, or child visitation, 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, COURT ADMINISTRATOR, FOURTH FLOOR Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6200 Document #: /87450./ I L ~,',I, "~-" - - ,-'.",''';''. ''''"''I ;:.' -,' '_ --"I " "'; MARKE. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PA v, NO. JESSICA L. MYERS, Defendant CIVIL ACTION LAW - IN CUSTODY A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud, Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte, Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion rec1amados por el demandante, Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted, Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothontary, en la Dauphin County Court of Common Pleas, Front and Market Streets, Harrisburg, Pennsylvania, SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS, USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDlATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. COURT ADMINISTRATOR, FOURTH FLOOR Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6200 Document #: 187450.1 II' c -', , '-, ",,-.i ,'.,;I,i;.', -if) MARK E, MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PA v. NO, JESSICA L. MYERS, Defendant CIVIL ACTION LAW - IN CUSTODY COMPLAINT IN CUSTODY AND NOW, this 28th day of November, 2000, comes the Plaintiff, Mark E, Myers and files the within Complaint for Custody: I, The Plaintiff is Mark E, Myers, an adult individual currently residing at 33 Rollo Court, Mechanicsburg, Cumberland County, Pennsylvania 17055 since April, 2000, 2, The Defendant is Jessica L. Myers, an adult individual whose current address is unknown but her last known address was 33 Rollo Court, Mechanicsburg, Cumberland County, Pennsylvania 17055 as of November 24, 2000. 3, The Plaintiff and Defendant were married on August 7, 1999 and, separated on November 24,2000. 4, Plaintiff seeks primary legal and physical custody of the following children: Name Present Address D,O.B, Jordan Elizabeth Myers Ryan James Myers Christopher Matthew Myers With Plaintiff With Plaintiff With Plaintiff 1/18/93 1/20/96 3/97 Plaintiff and Defendant are the natural parents of the above mentioned minor children, Document #: 187450.1 ~,,~---~ , .., " d," "~~',;,-, '__,-,,~_l_~_.~''-.-_~; ,l-",,,, -.- _1_, The children were born out of wedlock. 5, The children are presently in the custody of Plaintiff, Mark E, Myers who resides at 33 Rollo Court, Mechanicsburg, PA 17055 During the past five (5) years, the children have resided with the following persons at the following addresses: Name Mark E. Myers and Jessica L. Myers Mark E, Myers and Jessica L. Myers Mark E, Myers and Jessica L, Myers Mark E, Myers and Jessica L. Myers Mark E, Myers Address Date 406 Cherokee Drive Mechanicsburg, PA 1992 - 1996 120 Orebank Road Dillsburg, PA 1996 - 1998 56 Rollo Court Mechanicsburg, PA 1998 - April, 2000 33 Rollo Court Mechanicsburg, PA April, 2000 to 11/24/00 33 Rollo Court Mechanicsburg, PA 11/24/00 - present The father of the children is Plaintiff Mark E. Myers who resides at 33 Rollo Court, Mechanicsburg, PA 17055 since April, 2000, He is married, The mother of the children is Jessica L. Myers, whose last known address was 33 Rollo Court, Mechanicsburg, PA 17055 until 11/24/00 when she abandoned the residence to be with her boyfriend, Her current address is unknown, She is married, 6, The relationship of Plaintiff to the children is that of natural father, The Plaintiff currently resides with the following persons: Name Jordan Elizabeth Myers Document #: 187450.1 Relationship Daughter ,'-", I L . ,~,,,,-. ' .,'" I.);" \.,,-., , 'i;;',,: , Ryan James Myers Son Christopher Matthew Myers Son 7. The relationship of Defendant to the children is that of natural mother. The Defendant currently resides with the following persons: Name Relationship Unknown Man Boyfriend 8. Plaintiff has not participated as a party or witness, or in any other capacity in any other litigation concerning the custody of the children in this or another Court. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth, 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 with respect to the children. 9, The best interest and permanent welfare of the children will be served by granting the relief requested because: a, Plaintiff, Mark E, Myers is in the best position, both financially and emotionally, to provide stability and custody for the children, b, Plaintiff is in the best position to provide a stable, responsible environment for the raising of his children, c, Defendant has engaged in affairs with men she has met over the internet on several occasions during the marriage and has been engaged in an internet relationship with a man from New Jersey since at least June, 2000, On November 24,2000 the Defendant abandoned the home and the children and has been with the boyfriend in unknown locations ever since, d, It is believed, and therefore averred, that the Defendant will seek to remove the children, with or without knowledge and consent of Plaintiff from the jurisdiction to be with her boyfriend in New Jersey, e, Plaintiff is more stable, more capable of providing the proper parental care, and can better provide for the physical and emotional needs of the children, Document #: 187450.1 .'" '''''_0;",~,,_,o~' r..,,-<~>- ,'", '~_'~ . 'Iu',' ,d "j,,:, ,~ f. Despite the fact that the Defendant does not work and has been a stay at home mother she has failed to properly care for the children and failed to provide a clean, suitable and proper home living envirorunent, and nurturing surroundings for the children, 10, 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 parties to this action. WHEREFORE, the Plaintiff, Mark E, Myers, requests the Court to grant him primary physical and legal custody of the children, METZGER, WICKERSHAM, KNAUSS & ERB, P,C, Dated: //;ZF~()O By:~'D2c0~ Karl R, Hildabrand, Esquire Attorney I.D, No, 30102 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff ~ 6"( Document #: 187450.1 ",'''",~''-'~,",-n' '-''''''"d~nc, '. -~, , -,' ~,' ~ VERIFICATION I verify that the statements made in the foregoing COMPLAINT IN CUSTODY 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, //-c;;?f?- GQ Date: /' ~~ Mark E. Myers Document #: 187450.1 ~.... ,'I, ~ ,- " I ~ -I, iii-' Plaintiff JAN0320) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 00-8321 MARK E. MYERS, vs, JESSICA L. MYERS, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 14th day of December, 2000, it appearing that the parties have reconciled, the Custody Conciliation Conference for January 3, 2001, is canceled, The Custody Conciliator hereby relinquishes jurisdiction of the matter. FOR THE COURT, Dis!: Carl R. Hildabrand, 3211 N, Front Street, Harrisburg. PA 17110,0300 Jessica L. Myers. 33 Rollo Court. Mechanicsburg. PA 17055 ~ t~ ~_O\ D\' ~o, ~~ ~~W~~f!\.Ili~~~MiI~~W1HM~<H.,"h'.!"~'~""'';llf".i.f:t'",,!~~lli~IId1lilWol~~~~,---"""-",_~I~'_- --- I ~,~ , ,., ~~~< A ';"_~_Mj~ ~~~ ... Jdli 0 0 C) " ~ r_ ..! "tJ rl1 Z :::r) ,,-'>- Z C' , ;-11 (JJ (f - CfJ ~ " 0< C ~ ~-:-) J> (") ::J! -7 ,,--,-- l. .) )>~ (-:;1 rT"i ~ "" N ..~ ::0 rv -<