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HomeMy WebLinkAbout01-4450 ~ >- 0: t " r~' u_J' (~:: 6- C) ~ 1"'1 . fIl-c -c> r&I~ ~>t Ptfll . ~= EPt E o ..- O>t:C E4~ ... OCI o E40Z ~Qg OZE4 O-co r&I;-ct IDIr':I~O E4 ~p",. E4 E>fIl ~.R~R ... . "',&. \....,) C c": ~ :-:J ~< ']~ ('') ;;J " - cD ,.JZ , rz '~J liJ ~~! a.. ... S <.) .. fI1 DC It1 >t Z . -c E4 E4 o o fIl 'f" ~ ~~ () ~ ~ ~ ' "I :::: ~ ~ ~ .... .... .... 4J C .... IG ..... Pt ~ C IG '0 C CP .... CP ..Q fIl er: r&I >t :IE 0_ ("") C'-J ( -, -~..) J a . l> . lC er: r&I \lI.i .... Z Z r&I to) :>l Cl o E-l fIl ::> o ~ \lI.i E-l Z .... II( ~ ~ :E o o ~ ~ ~ ~ ~ 8 u t::; B <>'d ~ ~ ff~~~ 00>< ~ ~ ~ ~ Q Po; ~ ~ ~ ~ :I: ffi :I: ~ (/) ~ ~ ~ ,. SCOTT A. MYERS PLAINTIFF V. JENNIFER H. MYERS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-4450 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 25, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, September 04, 2001 at 12:30 P.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. The court hereby directs the parties to furuish 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: Isl Melissa P. Greevy, Esq.M 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ir $ ~ ~ Jc?'(--e'L~ ,~~ ~ -~tt, )O-t..e,{ ~ ~ ~ ~ ~~ n /r:?'LC"L, . ' SCOTT A. MYERS, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- J.Jl/SO CIVIL TERM JENNIFER H. MYERS, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, on the day of , 2001 at _.m. at ,Pennsylvania, 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 at the request of either attorney or party, be present at the conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. The Prothonotary shall not send notice to the Defendant in accordance with Local Rule 206-6, as service shall be effected upon the Defendant by counsel for Plaintiff. For the Court, Date of Order: By: Custody Conciliator 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 CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 3387 (717) 240-6200 -"""._-_....."'~.,....~....-.."""'."".~~.._~".".........-,~--,,.....""'_....;;,_..,........_""..~.NX.,_".""'.4. . SCOTT A. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001- 'I~so crvll... TERM JENNIFER H. MYERS, Defendant crvll... ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Plaintiff, SCOTT A. MYERS, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Plaintiff is SCOTT A. MYERS, who resides at 105 Poplar Street, Summerdale, Cumberland County, Pennsylvania. 2. Defendant is JENNIFER H. MYERS, who resides at 26 Sharon ~oad, Enola, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are married and are the natural parents of two children, TRISTAN M. MYERS, born October 11, 1997 and BAll...EY A. MYERS, born April 18, 2000. 4. The best interests and welfare of the minor children would be served by placing primary physical custody and shared legal custody of both children with Plaintiff, subject to reasonable partial custody privileges with Defendant as the court may deem appropriate. 5. The minor children have resided at the following addresses since birth: (a) From birth until February 9,2001 at 105 Poplar Street, Summerdale, Cumberland County, Pennsylvania with both parents. ._'''..;....,~"'"'''''''-, """'~-"'~""--~- .,~","" -"'..~",', ""- -" '~"""''''''''-'~'' -, ... (b) From February 9,2001 at 105 Poplar Street, Summerdale, Cumberland County, Pennsylvania with Plaintiff. 6. Plaintiff does not have any information of any custody proceeding concerning said minor children in any court in Pennsylvania or any other State. 7. Plaintiff has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor children in Pennsylvania or any other State. 8. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the said minor children or who claims to have custody or visitation rights with respect to them. WHEREFORE, Plaintiff respectfully prays that your Honorable Court order that primary physical custody and shared legal custody of TRISTAN M. MYERS and BAll..EY A. MYERS, be placed with Plaintiff. DATE: July 23 ,2001 lif MAX J. SMITH, JR. Attorney for Plaintiff LD. No. 32114 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 I verify that the statements made in this Complaint are true and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. _~~ ~-s2~ SCOTT A. MYERS RECEIVED JUN 28 ZOO! '( SCOTT A. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4450 AND NOW, this : CIVIL ACTION - LAW : IN CUSTODY ,.~ ~ day~~ant to the attached JENNIFER H. MYERS, Defendant Joint Stipulation to Modify Custody Order of August, 26, 2004, it is hereby ORDERED AND DECREED: 1. All prior Custody Orders are to be vacated and repll\Cl~ with an Order adopting the terms of the Joint Stipulation to Modify Custody executed by the parties on June 22, 2005. 2. Scott A. Myers and Jennifer H. Myers shall have joint legal custody of Tristan M. Myers, born October II, 1997, and Bailey A. Myers, born April 18, 2000. 3. Scott A. Myers shall have primary physical custody of Tristan and Bailey. 4. Jennifer H. Myers shall have temporary physical custody of the children as follows: a. Every other weekend from Friday at 3:00 p.m. until Monday at 8:00 a.m. b. Tuesdays from 3:00 p.m. to 8:00 p.m. during the school year. During the summer months from Tuesday at 3:00 p.m. to Wednesday at 8:00 a.m. c. Wednesdays from 3:00 p.m. to 8:00 p.m. 5. Father shall always have custody of the children on Father's Day from 8:00 a.m. to 8:00 p.m. and Mother shall always have custody of the children on Mother's Day from 8:00 a.m. to 8:00 p.m. 6. The parties shall alternate the holidays of Memorial Day, Independence Day and Labor Day from 8:00 a.m. to 8:00 p.m. ~ff ~ \. ~. f{t ~1 ViNV!\lASNN3d 'l"n~'" 'T' ""'\'n'" l\, j'~ ,~J!' \:'>'''~ ,h _>-j:,I~, V LS :01 W~ S - lflr SOOl Al:lV'lONOH10ad 3Hl :10 301:HCKBltl 7. Father shall have the children each year from December 24 at 3:00 p.m. until December 24lh at 7:00 p.m. The holiday period shall then be divided into two (2) segments. Segment A shall be from December 24lh at 7:00 p.m. until December 2Slh at noon. Segment B shall be from December 25lh at noon until December 26lh at 8:00 a.m. when the regular schedule resumes. In odd numbered years Mother shall have segment A and Father shall have segment B. In even numbered years Mother shall have segment B and Father shall have segment A. 8. Thanksgiving shall be divided into two (2) segments. Segment A. shall be from 8:00 a.m. Thanksgiving Day until 2:00 p.m. Thanksgiving Day. Segment B shall be from 2:00 p.m. Thanksgiving day overnight to resume the normal schedule on l'riday morning. On odd numbered years father shall have Segment A. and Mother shall have segment B. On even numbered years Mother shall have segment A and Father shall have segment B. 9. Easter shall be divided into two (2) segments. Segm!ent A and segment B. Segment A shall be from 6:00 p.m. the Saturday before Easter until 2:00 p.m. Easter Sunday. SegmentB shall be from 2:00 p.m. Easter Sunday until the morning following Easter when the regular schedule resumes. On even numbered years Mother shall have segment A and Father shall have segment B. On odd numbered years Father shall have segment A and Mother shall have segment B. 10. Jennifer H. Myers shall sign up for and complete parenting classes at Parent Works in New Cumberland. She shall provide proof of enrollment in classes within 30 days of the date of execution of the Stipulation and shall provide proof of completion of" sses to Father when completed. BY J. SEP J 02001tJP SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4450 JENNIFER H. MYERS, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this I r day of September, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott A. Myers and Jennifer H. Myers, shall have shared legal custody of the minor Children, Tristan M. Myers, born October 11, 1997, and Bailey A. Myers, born April 18, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C. S. ~ 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Father shall have primary physical custody subject to Mother's rights of partial custody which shall be arranged as follows: A. To commence September 7,2001, on alternate weekends from 3:45 p.m. on Friday until Monday morning when the Children are returned to the daycare center. B. Each Wednesday after Mother's work until Thursday morning when the Children are returned to the daycare center. 3. Transportation. Transportation shall be shared by the parties with Mother picking up the Children from Father's custody, unless otherwise agreed. 4. Holidays. The holidays shall be shared or alternated as agreed by the parties. The parties shall make a plan for holidays no less than one week in advance. No. 01-4450 Civil Term 5. This Order is temporary in nature. If within ninety days of the date of this Order an additional Conference is needed, counsel for either party may contact the Conciliator by letter to request that the Custody Conciliation Conference be reconvened. BY THE COURT;'/ ~/' J. Dist: Max J. Smith, Jr., Esquire, PO Box 650, Hershey, PA 17033-0650 Michael Pykosh, Esquire, PO Box 368, Camp Hill, PA 17011-0368 fJaplioJ 1'0a:JuL L Qq-I/-0( (~ TRU E COpy FROM RECORD d In Testimony whereof, I here unt~ set my han and the seal of said Court ,at Carlisle, Pa. d of ........ Th'ls ay ,....................., .................. ........ ..........-...... -....................................... .P;~t.h~not ary '- VINVi\1"Sl'-lN3d ;J.i'!n08 c~.'\n'cEit:l!~n8 "''') .7 \1' '=' '" ." "- ;:. i 1 d]S \ 0 Nd;j,lO: SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4450 JENNIFER H. MYERS, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tristan M. Myers Bailey A. Myers October 11, 1997 April 18, 2000 Father Father 2. A Custody Conciliation Conference was held on September 4,2001, with the following individuals in attendance: the Father, Scott A. Myers, and his counsel, Max J. Smith, Jr., Esquire; the Mother, Jennifer H. Myers, and her counsel, Michael Pykosh, Esquire. 3. The parties reached an agreement in the form of an Order as attached. Date c;/l)J Me issa Peel Greevy, Esquire Custody Conciliator ". , C-l 00 0001-1 ~ tz.:I 0 OI-lOZ ~ Z 0 00<3 0 Z 1-3 1-31-11:131-3 J] tz.:I 1-1 1-3 o 1:"'1 tz.:I::c :t :;tI I'ZJ 0 :;tItz.:I ~ C/.l 1-3 tz.:I > 1<>1:"'1 ~~ 1-1 :;tI . 0>0 :t I'ZJ I-3Z0 tr1 1-1 ::c <: 3 1-100 .-< 0 . . I< 0 :;tI ~ ~ i; > tz.:I ZOI-3 z 1-3 3 :;tI 0 z tz.:I I< 00 100 en tl:l tz.:I .. ZI'ZJ ~ ~ 0 :;tI 1:"'11-3 ~ ~ I'ZJ 00 >1<0 P.c ("l 0" to ~.. 0 tr1 00 (\) ..... 3 ~ (1 tz.:I HI l>> t03 0 :;tI (\) ~. tz.:IO w ~ < ::s ::s ZZ ~ 1-1 a. rt Z t""" 0 l>> ~. 00 to J< tz.:I ::s HI 1<1:"'1 rt HI 1:"'1tz.:1 b <> >00 ""Cl Z p o c:::. r-~, \n.' -f~ Cj) n 'I" ~~~~~ t.7J >: -<L r:.::CJ ::;.-~ U? ['I -'0 I (j SCOTT A. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-4450 CIVIL TERM JENNIFER H. MYERS, Defendant : CIVIL ACTION - LAW : CUSTODY CERTIFICATE OF SERVICE AND NOW, this 31st day of July, 2001, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint for Custody by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7000 1670 0011 1697 9470 at Hershey, Pennsylvania, addressed to: Jennifer H. Myers 26 Sharon Road Enola, P A 17025 Mailing and return receipt cards attached hereto. MAX J. SMITH, J.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY UP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 - - , U.s. Postal Service CERTIFIED MAIL RECEIPT (Domestic M,lIl Onl't,__~Qjr~sur,lIlce COVL'ldfj[' ProvlClcd) CJ I"'- .;;:t' IT" I"'- IT" ..11 r-"I Postage $ .~'1 A Certified Fee ./0 Return Receipt Fee 1.50 P()~rk (Endorsement Required) ,. Restricted Delivery Fee 3.;;0 (Endorsement Required) Total Postage & Fees $ "1. .3{ r-"I r-"I CJ CJ CJ I"'- ..11 Sent To r-"I hmm~~ ~.(~...: ~. J\\..u.L~ CJ Street:1/JNo.;~'BOX-N~~':'(:)""h"_"_'--"-'--'-_'_"__hh""'_h,,_ g 'Ciiy.'Stat~Z~+4'h"~' -, "'~'04"..hh..__,_,'_,__,_"_..__..h......,_,'__ I"'- "'flelD, ->" n Od5 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: x ~.~v1t"-. ~J.\, ~ ]dG ~ ~ ~(\0lo.. C]>l1. I/wS D. Is ivery address different from item 1? If YES, enter delivery address below: o Agent o Addressee DVes ONo 3. Service Type )! Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (Copy from service labelj n_ I 1-, b lDOD llolD 0011 llilC1l -J"t'l PS Form 3811 , July 1999 Domestic Return Receipt 102595,OO,M'0952 SCOTT A. MYERS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER H. MYERS, DEFENDANT 01-4450 CIVIL TERM ORDER OF COURT AND NOW, this ~day of February, 2003, the record reflecting that when this court entered a temporary custody order on February 26, 2003, that unbeknownst to the court, Judge Guido had earlier that day signed a temporary protection from abuse order, which included an order placing the temporary custody of Tristan N. Myers and Bailey A. Myers in the mother pending a hearing at 3:30 p.m., on March 7, 2003. This court's temporary order of February 26, 2003, directing physical custody in the father pending any further order of court, IS THEREFORE VACATED. Max J. Smith, Jr., Esquire For Plaintiff .J Joan Carey, Esquire Legal Services ~ ~ 3-03.0..3 L~. Judge Guido~.uJ- ~ :sal VJi\J\f/\lASf\ij\J=1rl ! i'~''-''-'r ,.,. ;.: -~, l\J L.''';'! ~' .'...,' "1-"""."'1\':'1" -":' "", ""!"""'n IV '"' ..' ""-" ~J U':8 P,) /'M' T" 1"0 .u/ ! ,u":).:1 ~:,,~. . "J';' ...// ''''-. l.tJ"j~'I" '. ': "Ui!:~,i. Vl~r1 r\1,'\S~~Njd J t~ 1(""(-','- ~'~) j. .'.~'r~,^',~n'" I\.U\!I \- \ ,., 1,_ IV 2:~ :B Ab\} ~ ,.. F"\ \- U U j ~ ~".~ t: ,:(, .,.;'.,j r ! 1 I i ! - n C~CI .~ [ZJ :xl Z 0 CIl<3: [ZJ'tl Z ~ ~HtJ:I t"'[ZJ H ~ Ot"'[ZJ ::c ~H~ ~ 0 :xl ~ C/.) O[ZJH OtlJ 'tl> I<>t'" ~~ CD :xl ..... . 0> ::c ~~ H HI III ~Z m CIl:xlO CD ::c ~'3: HO .-< O[ZJZ ::s . ::s I< 0 'tl tjl" Ocll 0.. rt[ZJ ZO m 2l ~~~ III 3: ~. :xl 0 z z ~ ~ ~OO ::s I< <: HlCIl 10 '" ~ ~ >:xl:xl rttlJ . HI" Z ~ H '-:xl '- t"'~ ~ ~ . Z[ZJ :xlCll 'tl >1< ~ Ro () 3:G)3: CD .. CD ~.. m CO rt ('j tlJ ~ I<O:xl "0 ~. 'tl 0 [ZJOG) 0 rt tlJ ..., Z :xlCll[ZJ ::s ~. Z ..., ~ Z CIl~Z 0.. 0 Z m ::s t""" 00 CD ::s cIl J< 01< ::s CD I< I< rt t"l t'" ~ < > Z H v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .., 'b"1.) : NO. 01-~ SCOTT A. MYERS, Plaintiff/Petitioner JENNIFER H. MYERS, DefendantJRespondent : CIVIL ACTION - LA W : CUSTODY PETITION FOR EMERGENCY RELIEF RESTORING CUSTODY TO SCOTT A. MYERS TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Plaintiff/Petitioner, SCOTT A. MYERS, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following in support of his Petition for Emergency Relief: 1. Plaintiff is an adult individual residing at 105 Poplar Street, Summerdale, Cumberland County, Pennsylvania. 2. Defendant is an adult individual believed to be residing at 336 16th Street, New Cumberland, Cumberland County, Pennsylvania. 3. The parties were married on May 18, 1996, and are the parents of two children, TRISTAN N. MYERS, born October 17, 1997, and BAILEY A. MYERS, born April 18, 2000. 4. The parties separated on February 9,2001, at which time Defendant vacated the marital home at 105 Poplar Street, Summerdale, Cumberland County, where Plaintiff continues to reside. 5. A divorce action was filed by Plaintiff against Defendant on June 1, 2001, entered to No. 2001-3380, Court of Common Pleas of Cumberland County, Pennsylvania. 6. Pursuant to a custody action filed by Plaintiff, a conciliation conference was held on September 4,2001, resulting in an Order of Court dated September 11, 2001, in which primary physical custody of the children was awarded to Plaintiff (See copy of Order of Court marked Exhibit "A", attached hereto and made part hereof). 7. The parties attempted a marital reconciliation in November 2001, at which time Defendant returned to the marital residence. 8. On Saturday, February 22, 2003, without notice to Plaintiff, Defendant vacated the marital residence, taking the children with her. 9. Attempts by Plaintiff to locate Defendant and the children have been unsuccessful, Plaintiff only having been told by Defendant's mother, Jane Hollenbeck, on Sunday, February 23, 2003, that the children are "in a safe place." Ms. Hollenbeck refused to comment further on the whereabouts of the children. 10. P1aintiffhas contacted the police to enforce the Order of Court, but was advised that no action would be taken, as the matter is "civil", and therefore Plaintiff should contact his attorney. 11. Plaintiff is concerned about the safety and welfare of the children, as Defendant has a drinking problem and had been staying out very late at night prior to vacating the marital home. 12. The best interests of the children require that they be returned immediately to the marital home, which is the only home they know, and where they had been well-adjusted under Plaintiff's primary care. 13. Plaintiff is eminently qualified to continue caring for the children. 14. Defendant has acted in a manner contrary to the children's best interests by unilaterally moving them from their home, and preventing them from seeing Defendant. 15. Defendant has willfully violated the Order of Court dated September 11,2001 by wrongfully removing the children from Plaintiff s care, and by refusing to divulge her address, despite the very clearly stated terms of the Order. WHEREFORE, Plaintiff respectfully requests that custody of TRISTAN N. MYERS and BAILEY A. MYERS be restored to him immediately; and that Defendant be held in contempt for willful violation of the Order of Court dated September 11,2001. DATE: February 24,2003 Respectfully submitted, Oh, ~~ MAX J. ~MITH, JR., squire J.D. No. 32114 JARAD W. HANDELMAN, Esquire J.D. No. 82629 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. J~~~ SCOTT MYERS Exhibit A '7 (" '> 'n\''', ;, fJP' , \.f'! ~ i u ~ II ': 'j ,...:. 'c.;.';.. ;,)'-v /; -' SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 vs. JENNIFER H. MYERS, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this J J day of September, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott A. Myers and Jennifer H. Myers, shall have shared legal custody of the minor Children, Tristan M. Myers, born October 11, 1997, and Bailey A. Myers, born April 18, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C. S. 9 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Father shall have primary physical custody subject to Mother's rights of partial custody which shall be arranged as follows: A. To commence September 7,2001, on alternate weekends from 3:45 p.m. on Friday until Monday morning when the Children are returned to the daycare center. B. Each Wednesday after Mother's work until Thursday morning when the Children are returned to the daycare cer1ter. 3. Transportation. Transportation shall be shared by the parties with Mother picking up the Children from Father's custody, unless otherwise agreed. 4., Holidays. The holidays shall be shared or alternated as agreed by the parties. The parties shall make a plan for holidays no less than one week in advance. ... .. No. 01-4450 Civil Term 5. This Order is temporary in nature. If within ninety days of the date of this Order an additional Conference is needed, counsel for either party may contact the Conciliator by letter to request that the Custody Conciliation Conference be reconvened. BY THE COURT, Dist: Max J. Smith, Jr., Esquire, PO Box 650, Hershey, PA 17033-0650 Michael Pykosh, Esquire, PO Box 368, Camp Hill, PA 17011-0368 .. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 SCOTT A. MYERS, vs. Defendant CIVIL ACTION - LAW CUSTODY JENNIFER H. MYERS, CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tristan M. Myers Bailey A. Myers October 11, 1997 April 18, 2000 Father Father 2. A Custody Conciliation Conference was held on September 4, 2001, with the following individuals in attendance: the Father, Scott A. Myers, and his counsel, Max J. Smith, Jr., Esquire; the Mother, Jennifer H. Myers, and her counsel, Michael Pykosh, Esquire. 3. 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MYERS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-4450 CIVIL ACTION LAW JENNIFER H. MYERS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 27,2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa F. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, FA 17043 on Monday, April 14, 2003 at 11:00 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. 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. 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 hearin~. FOR THE COURT, By: Isl Melissa P. Greevy" Esq. 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 ~ ~~ ~~ ~ [G7.3{'~[' ',S'X'1d, 1- ~ ~~ [Cl$e,f" ~r ~ ~ ~.p) [O-.se-f' 'VINVAlASNN3d AJ.~Jn""'''\ -", ,~, '''''~'I'n~ f i,! - I -" ,~" ! \...... "_,1 ""':,' ~, , : '" r,.' , -"', "." t~ ,...... 7' 0, j , "';- :, .. rl ".J...., v ~ '+~ 8 ~ (.lJl1 t:O AtJ'Vl(); '. :;0 SCOTT A. MYERS, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-4450 CIVIL TERM JENNIFER H. MYERS, DefendantlRespondent CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, upon consideration ofthe attached Petition, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, on the day of , 2003 at .m. at , Pennsylvania, 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 at the request of either attorney or party, be present at the conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. F or the Court, Date of Order: By: Custody Conciliator 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 FORTI-! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 3387 (717) 240-6200 SCOTT A. MYERS, Plaintiff/Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-4450 CIVIL TERM JENNIFER H. MYERS, Defendant/Respondent CIVIL ACTION - LAW CUSTODY PETITION TO MODIFY CUSTODY ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Petitioner, SCOTT A. MYERS, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Petitioner, SCOTT A. MYERS, is an adult individual who temporarily resides at 102 Cumberland Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent, JENNIFER H. MYERS, is an adult individual who presently resides at 105 Poplar Street, Summerdale, Cumberland County, Pennsylvania 17093. Said address is the marital residence of the parties. 3. Petitioner and Respondent are married and are the natural parents of two children, TRISTAN M. MYERS, born October 11, 1997 and BAILEY A. MYERS, born April 18, 2000. 4. On September 11, 2001, an Order of Court was issued by the Honorable Edgar B. Bayley awarding shared legal custody of said children and awarding Father primary physical custody, subject to Mother's rights of partial custody. (See copy of Order, marked Exhibit "A", attached hereto and made part hereof.) 5. On February 26, 2003, after Mother had vacated the marital home with the children, the Honorable Edgar B. Bayley issued an Order of Court restoring physical custody of the children to Father. (See copy of Order marked Exhibit "B", attached hereto and made part hereof. ) 6. Unbeknownst to Father, a Petition for Protection from Abuse was filed by Mother, resulting in Judge Bayley vacating the Order of February 26, 2003. (See copy of Order of Court marked Exhibit "C", attached hereto and made part hereof). 7. On February 28, 2003, pursuant to said Protection from Abuse action filed by Respondent, an Order of Court was issued by the Honorable Edward E. Guido awarding temporary custody of the minor children with Respondent. 8. The best interests and welfare of the minor children would be served by restoring primary physical custody and shared legal custcx:ly of both children with Petitioner, subject to reasonable partial custody privileges with Respondent as the court may deem appropriate. 9. The minor children have resided at the following addresses since birth: (a) From birth until February 9, 2001 at 105 Poplar Street, Summerdale, Cumberland County, Pennsylvania with both parents. (b) From February 9, 2001 until March, 2002 at 105 Poplar Street, Summerdale, Cumberland County, Pennsylvania with Father. (c) From March 2002 until February 22, 2003 at 105 Poplar Street, Summerdale, Cumberland County, Pennsylvania with both parents. (d) From February 22, 2003 until February 28, 2003 at an unknown address with Mother. (e) From February 28, 2003 until present at 105 Poplar Street, Summerdale, Cumberland County, Pennsylvania with Mother. 10. Petitioner does not have any information of any custody proceeding concerning said minor children in any court in Pennsylvania or any other State, other than the heretofore referenced proceedings entered to the within term and number and the referenced Protection from Abuse Order. 11. Petitioner has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor children in Pennsylvania or any other State, other than as heretofore referenced. 12. Petitioner does not know of any person not a party to these proceedings who has physical custody of the said minor children or who claims to have custody or visitation rights with respect to them. WHEREFORE, Petitioner respectfully prays that your Honorable Court order that primary physical custody and shared legal custody of TRISTAN M. MYERS and BAILEY A. MYERS, be returned to Petitioner. DATE: March~, 2003 J. SMITH, JR., I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. d~~~ SCOTT A. MYERS Exhibit A Exhibit B Exhibit C SCOTT A. MYERS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER H. MYERS, DEFENDANT 01-4450 CIVIL TERM ORDER OF COURT AND NOW, this .Bday of February, 2003, the record reflecting that when this court entered a temporary custody order on February 26, 2003, that unbeknownst to the court, Judge Guido had earlier that day signed a temporary protection from abuse order, which included an order placing the temporary custody of Tristan N. Myers and Bailey A. Myers in the mother pending a hearing at 3:30 p.m., on March 7, 2003. This court's temporary order of February 26,2003, directing physical custody in the father pending any further order of court, IS THEREFORE VACATED. Max J. Smith, Jr., Esquire For Plaintiff ~ Joan Carey, Esquire Legal Services Judge Guido :sal TRUE ("..o~~y f:ROM RECORD hi T~itnooy 'WtI6roof, I hef(~ unto~. my ~Q(j ano th, S6if of ~ld Coort at Caru~, Pl.. Hill 3 4 ~' 1J~ .2ba3 , ~I 'OJ I ~~tJ:"' :~~;-' Protttonvt.a~ > SCOTT A. MYERS, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-4450 CIVIL TERM JENNIFER H. MYERS, Defendant/Respondent CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE AND NOW, this ~ day of March, 2003, I, MAX 1. SMITH, JR., Esquire, Attorney for Petitioner, hereby certify that I have this day sent a copy of Petition to Modify Custody Order by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: MidPenn Legal Services Attn: Peg Symok, Esquire 8 Irvine Row Carlisle, P A 17013 OJny~~ MAX 1. SMITH, J ., Esquire LD. No. 32114 JARAD W. HANDELMAN, Esquire LD. No. 82629 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ( (~) ~ ~ ~~ C) 'q ~ . - ~. ~ - ) ~, ~ -, ........... (" w ~ , , lI'\ ~ ,,) . I; ~ . ~ -, ~ " , ( ...) -<..: W ~ APR 1 6 Z003 ~ SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL TERM v. CIVIL ACTION - LAW JENNIFER H. MYERS, IN CUSTODY Defendant Bayley, J. -- TEMPORARY ORDER OF COURT AND NOW, this J('. day of April, 2003, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order supersedes the terms of the custodial arrangement as described in more detail in the Protection from Abuse Order of March 7, 2003, docketed to No. 03-865. This Order also vacates the prior Custodial Order of September 11, 2001. 2. Leaal Custody. The parents, Scott A. Myers and Jennifer H. Myers, shall have shared legal custody of the minor children, Tristan M. Myers, born October 11, 1997 and Bailey A. Myers, born April 18, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. The parties have agreed to try a temporary plan of shared physical custody which is to be arranged as an alternating week schedule as follows: A. Effective April 8, 2003, during Week one (1), Father shall have custody on Monday, Tuesday, Friday, Saturday and Sunday; and Mother shall have custody on Wednesday and Thursday. B. Effective April 14, 2003, during Week two (2), Mother shall have custody on Monday, Tuesday, Friday, Saturday and Sunday; and Father shall have custody on Wednesday and Thursday. . , VIN'fl';! }.,.s~,'l\r:ld }, : ;;jS . ~ '" i,'.' ~ ......'. '0' Il, ,. 1'.' , . ':~] 'JJ "0 NO. 01-4450 CIVIL TERM C. Inasmuch as Mother is not presently employed outside the home, this arrangement contemplates the children being in the care of their Mother during Father's work hours on his custodial days. D. Unless otherwise agreed, custodial exchanges shall occur at the Burger King near Gettysburg Road in Camp Hill, Pennsylvania. 4. During any period of custody or visitation the parties to this Order shall not possess or use controlled sLlJ::>stances, neither shall they consume alcoholic beverages to the point of intoxication. T~e parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 5. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 6. In the event either party is unavailable to provide care for the children for three (3) hours or more during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. 7. Holidays. A. On Mother's Day 2003, Mother's custodial period shall commence at 12:00 noon rather than the Monday following Mother's Day. B. For Easter 2003, Father's custodial period for that week shall begin at 12:00 noon Easter Sunday. 8. The Custody Conciliation Conference s r onvene on May 19, 2003 at 8:30 a.m. at the office of the Custody Conciliat , Meli a Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. Dist: Jarad W. Handelman, Esquire, 134 Sipe Avenue, Hummelstown, PA 17036 Margaret Simok, Esquire, Mid Penn Legal Services, 3540 N. Progress Avenue, Harrisburg, PA The Hono,"ble Edward E Gu;do, C.C.C., One Courthouse Square, Cart~le, PA 170;3387 BY )~~ ,/."l/_D3 ~ SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL TERM v. JENNIFER H. MYERS, CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Tristan M. Myers Bailey A. Myers October 11, 1997 April 18, 2000 Mother Mother 2. The parties were seen for a Custody Conciliation Conference following Father's Petition to Modify the Custody Order filed on or about March 24, 2003. It should be noted that there is also a PFA Order docketed to 03-865 with an Order of March 7, 2003 which is in effect until August 26, 2004. Attending the conference were the Father, Scott A. Myers, and his counsel, Jarad Handelman, Esquire; the Mother, Jennifer H. Myers, and her counsel, Margaret Simok, Esquire. 3. The parties reached an agreement for a Temporary Order in the form as attached, with the understanding that they would try this temporary custodial arrangement for approximately six (6) weeks understanding that the parties would return to the conciliator's office for an additional conference in mid to late May, 2003. If however the parties find that the Temporary Order is working adequately, upon notice from both counsel, the conference may be canceled, and the conciliator will relin uish jurisdiction leaving this Order in place. <fj! ~()~ Vfl)fflt- Melissa Peel Greevy, Esquire Custody Conciliator :211987 JUN 1 3 2003 tr Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL TERM SCOTT A. MYERS, v. CIVIL ACTION - LAW JENNIFER H. MYERS, IN CUSTODY Defendant ORDER OF COURT AND NOW, this I b day of June, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order supersedes the terms of the custodial arrangement as described in more detail in the Protection from Abuse Order of March 1/', 2003, docketed to No. 03-865. This order also vacates the prior Custodial Order of September 11, 2001 and April 17 , 2003. 2. Leaal Custody. The parents, Scott A. Myers and Jennifer H. Myers, shall have shared legal custody of the minor children, Tristan M. Myers, born October 11, 1997 and Bailey A. Myers, born April 18, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but nDt limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such recDrds or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. The parties have agreed to try a temporary plan of shared physical custody which is to be arranged as an alternating week schedule as follows: A. Week One (1 ). Effective June 8, 2003 at 7:00 p.m., Mother shall have custody from Sunday through Wednesday morning when she takes the boys to day care, and from 7:00 p.m. Thursday through 7:00 p.m. Sunday. Father shall custody from Wednesday morning through 7:00 p.m. Thursday. B. Week Two (2). Effective June 15, :2003 at 7:00 p.m., Father shall have custody from Sunday through Wednesday morning at the time of the custodial exchange at the Dollar General store iln Enola, and from NO. 01-4450 CIVIL TERM Thursday at 7:00 p.m. until the following Sunday at 7:00 p.m. Mother shall have custDdy from Wednesday morning through Thursday at 7:00 p.m. 4. Custodial Exchanaes. All the custody exchanges where the children are transferred to the custody of Mother will Dccur at the Dollar General store on Enola Drive. 5. During any period of custody or visitation the parties of this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 6. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. In the event either party is unavailable to provide care for the children for three (3) hours or more during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care fDr the children before contacting third-party caregivers. 8. Holidavs. A. Mother's Dav / Father's Dav. Father shall have custody for Father's Day; Mother shall have custody for Mother's Day. The custodial period for these holidays shall commence at noon and continue to 7:00 p.m. B. The parties will alternate Memorial Day, Independence Day, and Labor Day beginning with Father having custody for Independence Day 2003. C. Christmas. Father will have custody fDr Christmas each year from December 24th at 3:00 p.m. until December 24th at 7:00 p.m. In addition, the Christmas holiday period will be divided into two alternated segments, Segment A and Segment B. Segment A shall be from December 24th at 7:00 p.m. until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at 8:00 a.m. when the ordinary schedule resumes. In odd numbered years Mother shall have Segment ,A, and Father shall have Segment B. In even numbered years Mother shall have Segment Band Father shall have Segment A. NO. 01-4450 CIVIL TERM D. Thanksqivinq. Thanksgiving shall be divided into two segments. Segment A shall be from 8:00 a.m. Thanksgiving Day until 2:00 p.m. Thanksgiving Day. Segment B shall be from 2:00 p.m. Thanksgiving Day overnight to resume the normal schedule on Friday morning. In odd numbered years Father shall have Segment A and Mother shall have Segment B. In even numbered years Mother shall have Segment A and Father shall have Segment B. E. Easter. Easter shall be divided into two segments, Segment A and Segment B. Segment A shall be from 6:00 p.m. the Saturday before Easter until 2:00 p.m. Easter Sunday. Segment B shall be from 2:00 p.m. Easter Sunday until the morning following Easter when the parties resume the normal schedule. In even numbered years Mother shall have Segment A and Father shall have Segment B. In odd numbered years Father shall have Segment A and Mother shall have Segment B. 9. The parties may vary from the schedule by their mutual agreement. 10. Vacation. Each parent shall be entitled to one week of vacation each year which period shall be defined to run from Saturday to Saturday. The parties shall provide each other with at least thirty (30) days written notice of their intended vacation plans. In the event that the parties have scheduled conflicting vacations times, the parent first providing written notice shall have the chDice of vacation. Unless otherwise agreed, the vacation shall commence with that parents' custod ial w. ee~e..n7~~' / ~/,/y BY THE. COURT' ,/ff' , / f' Dist: Jared W. Handelman, Esquire, 134 Sipe Avenue, Hummelstown, PA 1)'036 Joan Carey, Esquire, MidPenn Legal Services, 8 Irvine Row, Carlisle, PA 17013 J. - ~ 1.._/7-0.3 ~ ~ , . >- ..:l" ?:; cr, u: ....~ >-" :'j I-~-' N .,,; uJ -; "..:.> C) Z G: < ~"- , ~:-C (~5 Un ~3 I ( ~- ,-:.::', \.D ,::,."') liJ ~l Z _uJ " .~j Z L::: ~, I.lJ \-.. -, IU Do. -. I.J.. .,;.;:.. I::'"'"') :") 0 \=~ (.) SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVil TERM v. JENNIFER H. MYERS, CIVil ACTION - lAW Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent informatiDn concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Tristan M. Myers Bailey A. Myers October 11, 1997 April 18, 2000 Mother and Father Mother and Father 2. A Custody Conciliation Conference was held on June 6, 2003. The conference was scheduled by mutual agreement at the custody conciliation conference last held on March 24, 2003. Present for the conference were: the Father, Scott A. Myers, and his counsel, Jarad W. Handelman, Esquire; the Mother, Jennifer H. Myers, and her counsel, Joan Carey, Esquire. 3. The parties reached an agreement to modify the existing Order with the understanding that counsel for either party may make a letter request to reconvene the conference if the request is made within sixty (60) days of the of this Order. ( ~Jdo~ , Date ( --I hf::l MeliSsa Peel Greevy, Esquire Custody Conciliator :214567 SCOTT A. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4450 JENNIFER H. MYERS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel of record on behalf of Plaintiff Scott A. Myers. DATE: J- s -0'1 Respectfully submitted, ~~(Z~'LLP JARED HANDELMAN, ESQUIRE Attorney J.D. No. ~?Jo z..9 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance to represent Plaintiff Scott A. Myers in the above-captioned action. Respectfully submitted, REAGER ADLER, PC DATE: I.... /2 -OC( JO ARRlSON CLO Attorney J.D. No. 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 . 2:;':: 0) UI '" = c::::t _C"' <- ~ Z () -'1 '--l :r:." nlp -om 36 ::::iT, c5 =it ----(J ::~r-n w :,:, -<';, SCOTT A MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4450 JENNIFER H. MYERS, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, this 13'h day of January, 2004, comes Petitioner Scott Myers, by and through his attorney, Joanne Harrison Clough, of Reager & Adler, PC, and respectfully avers as follows: I. Scott A Myers is an adult individual, currently residing at 105 Poplar Street, Summerdale, Cumberland County, Pennsylvania. He is the natural father of Tristan Myers, age 6, born October II, 1997, and Bailey Myers, age 3, born on April 18, 2000. 2. Jennifer Myers is an adult individual, currently residing with her mother at 26 Sharon Road, Enola, Cumberland County, Pennsylvania 17025. She is the natural mother of Tristan and Bailey Myers. 3. In 2001, when the parties initially separated, a Custody Order was issued on September 11,2001, granting Father primary physical custody of the minor children. A true and correct copy of said Order is attached hereto as Exhibit "A" 4. The parties subsequently reconciled and separated again in late February of2003. 5. A Custody Order was entered on April 17 , 2003. Said Order provides that the parties have equal shared physical and shared legal custody ofthe minor children. A true and correct copy of said Custody Order is attached hereto, made part of, and incorporated herein by reference as Exhibit "B." 6. Petitioner Scott Myers is of the belief, and therefore avers, that the current joint physical custody schedule is no longer in the best interest and permanent welfare of the minor children, Tristan and Bailey Myers, and seeks a modification of the current Custody Order, for the following reasons: a. Petitioner Scott Myers is better able to meet the day-to-day needs of the children. Therefore, it is in the best interest and permanent welfare of the children that he be the primary custodial parent of the children; b. Respondent Jennifer Myers has been promoting her self-interest above the best interest and permanent welfare of the minor children, Tristan and Bailey Myers; c. It is in the best interest and permanent welfare of the minor children that they be in a stable and loving home environment, and Petitioner Scott Myers is better able to provide a consistent home environment than Respondent; d. Petitioner Scott Myers has provided morc of the primary care-taking responsibilities of the childrcn since their birth than Respondent, and it is in the best interest and permanent welfare of the children that this primary caretaker relationship be reestablished between the children and their Father; and e. Respondent/Mother Jennifer Myers' personal life and social activities are such that it is in the best interest and permanent welfare of the children that PetitionerlFather Scott A. Myers have primary physical custody of the minor children, Tristan and Bailey Myers. 2 WHEREFORE, Petitioner Scott A. Myers respectfully requests this Honorable Court schedule a hearing on this Petition For Modification of Custody, and, after hearing the evidence presented at said hearing, grant him primary physical custody of the parties' minor children with reasonable periods of partial custody to the Respondent/Mother Jennifer Myers, and grant any further relief this Court deems appropriate. Respectfully Submitted, REAGE & ADLER, p,c. , ESQUIRE JOA E A Attorne . . No.: 36461 2331 Market Street CampHill,PA 17011 (717) 763-1383 Attorneys for Defmdant 3 VERIFICATION I, SCOTT A. MYERS, hereby 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.A. 94904, relating to unsworn falsification to authorities. Date: 1- 7 - 0'1 J~ " ~..~ SCOTT A. MYERS CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: MidPenn Legal Services ATTN: Peg Symok, Esquire 8 Irvine Row Carlisle, PA 17013 Dated: t,... ( J --- 0'1 ~ ~ ~. \)J "" 0 ~:2 c:> C~ " , "'- ~. \J ..... '- rhpd '\ ~-~ \:,!Tl .-,? ~ <../1 ~~~~'; ......... ~ ~ ,"0 ~ :-:'-,rn ~. , - :: ;:~ " ~ .. ..--, -", C) :< -.::: (....,) SCOTT A. MYERS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-4450 CIVIL ACTION LAW JENNIFER H. MYERS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, January 23, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on Monday, February 16, 2004 , the conciliator, at 9:30 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. 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. 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 schednled hearinll. FOR THE COURT. By: Isl Melissa P. Greevy, F.sq. Custody Concil1ator t. 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 ~ ~ ~ ~ 16e7 ",Cl."X'-1 -.5'X .~~ Z ~ ~~ "'CJ-?~-I . ' ~ f,z:t? ~ ~~} /V,,1c7 ';;C'/ or'l ,;1.J . q 7 tn{f' f. '1uol ,..; v j~" I I... :10 SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4450 JENNIFER H. MYERS, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, this ~ day of February, 2004, comes Petitioner Scott Myers, by and through his attorney, Joanne Harrison Clough, of Reager & Adler, PC, and respectfully avers as follows: I. Petitioner Scott A. Myers is an adult individual, currently residing at 105 Poplar Street, Summerdale, Cumberland County, Pennsylvania, 17093. He is the natural father of Tristan Myers, age 6, born October 11,1997, and Bailey Myers, age 3, born on April 18, 2000. 2. Jennifer H. Myers is an adult individual, who, at the time of the entry of the last Custody Order, was residing with her mother at 26 Sharon Road, Enola, Cumberland County, Pennsylvania 17025. She is the natural mother of Tristan and Bailey Myers. 3. Petitioner Scott Myers recently learned that Respondent Jennifer Myers had a "falling out" with her mother and has vacated her mother's residence at 26 Sharon Road, Enola, Pennsylvania 17025, and has moved into her new boyfriend's one-bedroom apartment, located at 1557 S. Enola Drive, Enola, Cumberland County, Pennsylvania, 17025. 4. Respondent Jennifer H. Myers presently has shared physical custody of the parties' children, pursuant to the Custody Order of April 17, 2003, and has physical custody of the children fifty percent (50%) ofthe time. Since approximately January 16,2004, when in the Respondent's custody, the minor children, Tristan and Bailey, ages 6 and 3, have been residing with their mother at her boyfriend's one-bedroom apartment, where the children are sleeping on the floor. I 5. The minor child, Bailey, suffers from asthma and requires nebulizer treatments. 6. Respondent Jennifer H. Myers and her boyfriend both smoke. They smoke in the presence of the children in the one-bedroom apartment, which has been causing the minor child, Bailey, to have difficulties with his asthmatic conditions and additional nebulizer treatments. 7. Petitioner Scott A. Myers filed a Petition For Modification of Custody on January 16, 2004 and a Court Order was entered on January 26, 2004 scheduling this matter for a Custody Conciliation Conference on Tuesday, February 17, 2004 at I :30 p.m. before Custody Conciliator Melissa P. Greevy. 8. Petitioner Scott A. Myers believes that it is in the best interest and permanent welfare of the minor children that he be granted temporary sole physical custody of the parties' minor children until the time of the Custody Conciliation Conference on February 17,2004, and, after said conference, until such time as the court can determine if Respondent's new residence at her boyfriend's one-bedroom apartment is an appropriate environment for the minor children. 9. Petitioner believes it is in the best interest of the children that he be granted physical custody because: a. The children have sufficient room, with beds and bedrooms, at Petitioner's residence, which was formerly the marital residence; b. The minor children can be properly cared for and not exposed to smoke while in Petitioner's care; c. Petitioner is better able to provide for and meet the day-to-day needs of the minor children than Respondent; and d. Respondent is putting her needs and selfish interests ahead of the needs and best interests of the minor children. 2 WHEREFORE, Petitioner Scott A. Myers respectfully requests this Honorable Court grant him temporary sole physical custody of the minor children and reasonable periods of visitation, with no overnight visitation, until such time as the Custody Conciliation Conference on February 17, 2004, and thereafter until a full hearing. After hearing, Petitioner requests the court grant him primary physical custody of the parties' minor children with reasonable periods of partial custody to the Respondent/Mother Jennifer Myers, and grant any further relief this Court deems appropriate. Respectfully Submitted, REAGE & ADLER, P.C. JOA A SON CLO Attorney LD. No.: 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Defendant 3 VERIFICATION I, SCOTT A. MYERS, hereby 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.A. 94904, relating to unsworn falsification to authorities. Date: [--)? - 0'-1 ~~ a.- 4~ SCOTT A. MYERS I CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: MidPenn Legal Services ATTN: Jessica Diamondstone, Esquire 8 Irvine Row Carlisle, PA 17013 Dated: 2 ~ 'I-ex..; J UGH, ESQUIRE Q ~ ~ = c. "'- .-::\ ~. ~.... .." "'" \,1q:,l l"'1 :L-n n"'\ f~'~ 1"11 \11 ~ (l ~ ~r <:P , i3~ ~ c.n :3l'? " .,- -1'-\ <> ".. 90 - --- '~~8 ::s: .c ~ - .p, C)fil -..J ~ ;.:>c: ..:::, ;<: 5:> '9-> "\ _0' w :< 9-.) -( (J'I ~ r >-- SCOTT A. MYERS, PLAINTIFF V. JENNIFER H. MYERS, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-4450 CIVIL TERM ORDER OF COURT q~ AND NOW, this day of February, 2004, there being a conciliation conference scheduled for February 17, 2004, the within petition for emergency relief, IS DENIED. Jessica Diamondstone, Esquire MidPenn Legal Services For Plaintiff Joanne Harrison Clough, Esquire For Defendant :sal B~\. Edgar B. Bayley, J. I" ""'\ .~ .~ ,2,/00'( C}_. , S t-~ UJC'" 0>" 1Cf:: t~5 -< rJ,: 3),-.- , to lij d.-" eFt __lJ f5 1.1 cJ .'t.... 0:: 0) I r:o lr-.j 4; z;g; ~ C\J - E ~ -; :~").~~c .. -:;.. ~.j' ': ~.:" _C"_._i 1/:' Ie", ....;... :::5 o MAR 1 1 2004 ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL TERM CIVIL ACTION - LAW SCOTT A. MYERS, v. JENNIFER H. MYERS, IN CUSTODY Defendant BAYLEY, J. --- ORDER OF COURT AND NOW, thisl \~ day of March, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order VACATES all prior Orders of Court in the above captioned matter. 2. Leaal Custodv. The parties, Scott A. Myers and Jennifer H. Myers, shall have shared legal custody of the minor children, Tristan M. Myers, bom October 11, 1997 and Bailey A. Myers, born April 18, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Phvsical Custody. In light of impending changes in Mother's employment circumstances and schedule, the parties will share responsibility for parenting time as they may agree. 4. smoke. Each parent will assure that the children are not exposed to second hand 5. The parties will resume co-parent counseling through Guidance Associates of Pennsylvania. 6. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence or earshot of the children and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the children. NO. 01-4450 CIVIL TERM 7. Custodial Exchanaes. All the custody exchanges where the children are transferred to the custody of Mother will occur at the Dollar General store on Enola Drive. 8. During any period of custody or visitation the parties of this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 9. In the event either party is unavailable to provide care for the children for three (3) hours or more during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. 10. Holidays. A. Mother's Day / Father's Day. Father shall have custody for Father's Day; Mother shall have custody for Mother's Day. The custodial period for these holidays shall commence at noon and continue to 7:00 p.m. B. The parties will alternate Memorial Day, Independence Day, and Labor Day beginning with Father having custody for Independence Day 2003. C. Christmas. Father will have custody for Christmas each year from December 24tn at 3:00 p.m. until December 24th at 7:00 p.m. In addition, the Christmas holiday period will be divided into two alternated segments, Segment A and Segment B. Segment A shall be from December 24th at 7:00 p.m. until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at 8:00 a.m. when the ordinary schedule resumes. In odd numbered years Mother shall have Segment A and Father shall have Segment B. In even numbered years Mother shall have Segment Band Father shall have Segment A. D. Thanksaivina. Thanksgiving shall be divided into two segments. Segment A shall be from 8:00 a.m. Thanksgiving Day until 2:00 p.m. Thanksgiving Day. Segment B shall be from 2:00 p.m. Thanksgiving Day overnight to resume the normal schedule on Friday morning. In odd numbered years Father shall have Segment A and Mother shall have Segment B. In even numbered years Mother shall have Segment A and Father shall have Segment B. NO. 01-4450 CIVIL TERM E. Easter. Easter shall be divided into two segments, Segment A and Segment B. Segment A shall be from 6:00 p.m. the Saturday before Easter until 2:00 p.m. Easter Sunday. Segment B shall be from 2:00 p.m. Easter Sunday until the morning following Easter when the parties resume the normal schedule. In even numbered years Mother shall have Segment A and Father shall have Segment B. In odd numbered years Father shall have Segment A and Mother shall have Segment B. 11. The parties may vary from the schedule by their mutual agreement. 12. Vacation. Each parent shall be entitled to one week of vacation each year which period shall be defined to run from Saturday to Saturday. The parties shall provide each other with at least thirty (30) days written notice of their intended vacation plans. In the event that the parties have scheduled conflicting vacations times, the parent first providing written notice shall have the choice of vacation. Unless otherwise agreed, the vacation shall commence with that parents' custodial weekend. 13. The Custody Conciliation Conference shall reconvene on the 15th day of April, 2004, at 8:30 a.m., at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. BY~'1~ Edgar B. Bayley, J. Dlsl: Joanne H. Clough, Esquire, 2331 Market Street, Camp Hill, PA 17011 Jessica Dlamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013 ~~ -11.2-D'I I' Q-. '- A.1J.j:1 '~:'::'I r'~ \:. ~:ir::~ ':i /'JC'lC) I Z :1 ~!d II m!l~ ~OOZ AUVlONOHIOtid 3Hl =10 38UjO-03lIJ. .. _. SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL TERM CIVIL ACTION - LAW v. JENNIFER H. MYERS, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Tristan M. Myers Bailey A. Myers October 11, 1997 April 18, 2000 Mother and Father Mother and Father 2. A Custody Conciliation Conference was held on February 17, 2004 with the following individuals in attendance: the Father, Scott A. Myers, and his counsel, Joanne H. Clough, Esquire; the Mother, Jennifer H. Myers, and her counsel, Jessica Diamondstone, Esquire. The Conference was scheduled following Father's January 15, 2004 Petition to Modify the Custody Order. 3. The parties reach an agreement in the for ;;}5!Df Melissa Peel Greevy, Esq Custody Conciliator :224833 SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-4450 CIVIL TERM JENNIFER H. MYERS, Defendant : IN CUSTODY PRAECIPE TO WITHDRAW To the Prothonotary: Please note that, pursuant to Pa.R.C.P. 1012, MidPenn Legal Services hereby withdraws its appearance as attorneys for Jennifer H. Myers, the Defendant in the above-captioned matter. Date: Lf d;) . 0-( ~~ - JessicaDiamondstone MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 xl4 PRAECIPE TO ENTRY APPEARANCE To the Prothonotary: Date: iff? Jolf I Please enter the appearance of Jerry Philpott, Esqui Defendant in the above-captioned matter. Je P. . Box 116 ncannon, P A 1702 -o~ ,.., 0 <= <= -n ~ :zoo ~:n mUJ -0 zg) ;::c i~ me;:: N ~2 N ;.::0 -0 ~8 :x z~ ~ ~ 0 -., w ?-;; cro -< APR 3 0 2004 ..~ \7 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL TERM SCOTT A. MYERS, v. CIVIL ACTION - LAW JENNIFER H. MYERS, IN CUSTODY Defendant BAYLEY, J. --- ORDER OF COURT AND NOW, this 1fiJ. day Of~~ 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order VACATES all prior Orders of Court in the above-captioned matter. 2. Leqal Custodv. The parties, Scott A. Myers and Jennifer H. Myers, shall have shared legal custody of the minor children, Tristan M. Myers, born October 11, 1997 and Bailey A. Myers, born April 18, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all rnajor non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. 35309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Phvsical Custodv. A. Mother shall have custody each Tuesclay from 4:30 p.m. until 7:30 p.m. and, effective April 22, 2004, alternate Thursdays from 4:30 p.m. until 7:30 p.m. B. Mother shall have custody on alternating weekends from Thursday at 4:30 p.m. until Sunday at 7:00 p.m. effective April 29, 2004. C. At times that Mother does not have custody, Father will have custody. 4. smoke. Each parent will assure that the children are not exposed to second-hand NO. 01-4450 CIVIL TERM 5. The parties will resume co-parent counseling through Guidance Associates of Pennsylvania. 6. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence or earshot of the children and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the children. 7. Custodial Exchanaes. All the custody exchanges where the children are transferred to the custody of Mother will occur at the Dollar (3eneral store on Enola Drive. 8. During any period of custody or visitation the parties of this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure" to the extent possible, that the other household members and/or house guests comply with this prohibition. 9. In the event either party is unavailable to provide care for the children for three (3) hours or more during his or her period of custody" that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. 10. Holidavs. A. Mother's Day / Father's Day. Father shall have custody for Father's Day; Mother shall have custody for Mother's Day. The custodial period for these holidays shall commence at noon and continue to 7:00 p.m. B. The parties will alternate Memorial Day, Independence Day, and Labor Day beginning with Father having custody for Independence Day 2003. C. Christmas. Father will have custody for Christmas each year from December 24th at 3:00 p.m. until December 24th at 7:00 p.m. In addition, the Christmas holiday period will be divided into two alternated segments, Segment A and Segment B. Segment A shall be from December 24th at 7:00 p.m. until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at 8:00 a.m. when the ordinary schedule resumes. In odd numbered years Mother shall have Segment A and Father shall have Segment B. In even numbered years Mother shall have Segment Band Father shall have Segment A NO. 01-4450 CIVIL TERM D. Thanksaivina. Thanksgiving shall be dilvided into two segments. Segment A shall be from 8:00 a.m. Thanksgiving Day until 2:00 p.m. Thanksgiving Day. Segment B shall be from 2:00 p.m. Thanksgiving Day overnight to resume the normal schedule on Friday morning. In odd numbered years Father shall have Segment A and Mother shall have Segment B. In even numbered years Mother shull have Segment A and Father shall have Segment B. E. Easter. Easter shall be divided into two segments, Segment A and Segment B. Segment A shall be from 6:00 p.m. the Saturday before Easter until 2:00 p.m. Easter Sunday. Segment B shall be from 2:00 p.m. Easter Sunday until the morning following Easter wh'en the parties resume the normal schedule. In even numbered years Mother shall have Segment A and Father shall have Segment B. In odd numbered years Father shall have Segment A and Mother shall have Segment B. 11. The parties may vary from the schedule by thl~ir mutual agreement. 12. Vacation. Each parent shall be entitled to one week of vacation each year which period shall be defined to run from Saturday to Saturday. The parties shall provide each other with at least thirty (30) days written notice of their intended vacation plans. In the event that the parties have scheduled conflicting vacations times, the parent first providing written notice shall have the choice of vacation. Unless otherwise agreed, the vacation shall commence with that parents' custodial weeklmd. 13. The Custody Conciliation Conference shalll reconvene June 17, 2004, at 10:30 a.m., at the office of the Custody Conciliator, Mellissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. 14. A hearing on Father's Petition is schedulled in Courtroom Number 2 of the Cumberland County Courthouse, on the 24th day of June, 2004, at 11 :00 o'clock A.M., at which time testimony will be taken. For the, purposes of the hearing, the Father, Scott A. Myers, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected tel testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BYTH~(-;r; ~v' '.f\{&'1~ EdgarB.Ba~e~J. \ Disl: Joanne H. Clough, Esquire, 2331 Market Street, Camp Hill, PA 17011 Jerry A. Philpott, Esquire, 227 N. High Street, P. O. Box 116, DuncanlnOn, PA 17020 ~ ~:,' 'f.O~ CJ-. \')\''\..1'11''''\"'1_ I " 1"1'.,/\ ri\.), -!V.-.Jr.; It ft..:n'~-"~I (')', \";"';, 1."'''I.o1/<'"'IJ \.U\; !I..', ."",',.. ,i.l>~~'i' ~Il Sf: :01 WI' 1- J.lfl4 MOZ AW10No.'"!J.oLid 3.J.fl :fa 30IJ:ID-037!d Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL TERM SCOTT A. MYERS, v. CIVIL ACTION - LAW JENNIFER H. MYERS, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRI:NTL Y IN THE CUSTODY OF Tristan M. Myers Bailey A. Myers October 11, 1997 April 18, 2000 Father Father 2. A Custody Conciliation Conference was held on April 13, 2004 with the following individuals in attendance: the Father, Scott A. Myers, and his counsel, Joanne H. Clough, Esquire; the Mother, Jennifer H. Myers, and her counsel, Jerry Philpot, Esquire. The Conference was scheduled by mutual agreement at thE! custody conciliation conference on February 17, 2004. 3. Father's position on custody is as follows: Father reports that he continues to be seriously concerned that the children are being exposed to second-hand smoke in Mother's home which seriously aggravates their asthma. Additionally, he reports that the children still do not have beds to sleep in at Mother's residence. Father reports that Mother has missed three of four appointments scheduled for the Itwo of them to participate in co- parent counseling at Guidance Associates. Father says children are often not returned bathed and ready to go to bed at the end of some of the custodial visits and therefore wants to change the return time to 7:30 p.m. Father also continues to be concerned about whether Mother is using the prescribed medication appropriately with the child who has asthma because some of the medication has been returned to him having either too little or too much of the medication remaining based on what would have been expected had it been dispensed as prescribed. When the parties met on February 17, 2004, the parties agreed that Mother would provide a copy of the chemical dependency evaluation which was performed at Gaudenzia. However, Father's counsel reports that they have not received this report. Father seeks primary physical custody of the children. .- NO. 01-4450 CIVIL TERM 4. Mother's position on custody is as follows: Mother has new counsel for this conciliation. Mother reports that she attended one visit with Tristan's counselor, but that some of the other appointments were not scheduled at a time that was convenient to her. Unfortunately, she did not elect to reschedule those appointments to a more suitable time. Mother reports that she again wants equal custodial time with Father. She has not resolved the matter of the bunk beds and appropriate sleeping arrangements for the children. She again promises to do so promptly. Mother's counsel has agreed to attempt to get a copy of the chemical dependency evaluation from Gaudenzia. Mother has agreed that she will sign a permission form to have the report provided to her attorney who will share it with Father's attorney. Mother reports that the problem with the medication involved the parties' four year old having obtained the container that is used to dispense the asthma medication. This caused numerous doses to be wasted. Mother concedes that she has not fully remedied the second-hand smoke problem in her residence and acknowledges that both she and her male roommate are continuing to smoke in the residence. 5. Inasmuch as the parties could not reach an a9reement regarding the custodial schedule that best meets these children's needs, a hearing will be necessary. In the interim, the Conciliator makes a recommended order slightly modified from the schedule which the parties had been following. A custody conciliation conference will be scheduled prior to the Court's hearing date in the event that the parties believe they can reach an agreement prior to the hearing before Judge BaYleyc) .z;bzl/)'f LI1(1l?w~~ Date Melissa Peel Greevy, squire Custody Conciliator :224833.2 JUN 2 5 2004 ~ SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NIO. 01-4450 CIVIL TERM v. JENNIFER H. MYERS, CIVIL ACTION - LAW IN CUSTODY Defendant BAYLEY, J. --- ORDER OF COURT AND NOW, this V day of June, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of May 4, 2004 shall continue in full force and effect pending hearing with the following modifications: 1. On Mother's custodial days, she may pick the children up as early as 3:00 p.m. at the daycare center, or at an earlier time so long as it does not interfere with Tristan participating in field trips. 2. The hearing previously scheduled for June 24, 2004 is CONTINUED. A hearing is scheduled in Courtroom Number 2 of the Cumberland County Courthouse, on the 25th day of August, 2004, at 10:00 o'clock A.M., alt which time testimony will be taken. For the purposes of the hearing, the Father, Scott A. Myers, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court ilnd opposing counsel/party a memorandum setting forth each party's position on cu:stody, a list of witnesses who are expected to testify at the hearing, and a summary elf the anticipated testimony of each witness. These memoranda, if not filed by the date of this Order, shall be filed at least ten days prior to the hearing date. . / /~ BY TrRT: 1/ E Dis!: Joanne H. Clough, Esquire, 2331 Market Street, Camp Hill, PA 17011 Jerry A. Philpott, Esquire, 227 N. High Street, P. O. Box 116, DuncannCln. PA 17020 ~ ~... tI....{ ~ -;;, 9.0'1 C)-. " "::>~ ("") >. Lr") ft-,; ....;;--= 1-- ("J --:5 ~5 ~~l ;-~~ -','-0 ~~ c_ r:':.~" , C) 1'2-0 0 ri:: <\J i....:....: 1:::"- --' lU j~::,: :::~:J FE -.-) "<,"~ I.L, -""" ::-"S ~-, C) = (3 "'" SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. JENNIFER H. MYERS, Defendant CUSTODY CONCILIATION SUMMAR:Y REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information conceming the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRI:NTL Y IN THE CUSTODY OF Tristan M. Myers Bailey A. Myers October 11, 1997 April 18, 2000 Father Father 2. A Custody Conciliation Conference was held on June 17, 2004. The Conciliator has met with these parties no less than five (5) times since September 2001. In attendance were: the Father, Scott A. Myers, and his counsel, Joanne H. Clough, Esquire; the Mother, Jennifer H. Myers, and her counsel, Jerry Philpot, Esquire. The Conference was scheduled by mutual agreement at the Custody Conciliation Conference held on April 13, 2004. The purpose of the Conference was to explore whether the parties might be able to reach an agreement rather than having the Court make their decisions. 3. Father's position on custody is as follows: Father continues to seek primary physical custody because he remains concerned that Mother is not administering the asthma medication appropriately. Additionally, he points out that Mother is presently unemployed. 4. Mother's position on custody is as follows: Mother wants to return to an equally shared physical custody schedule. Mother reports that she did lose her job at Uni- Mart when she was trying to meet the requirements of the externship associated with the training program which she was completing to become a rnedical assistant. She has now completed this program and reports that she has appli1ed for approximately 20 jobs. Mother's counsel had previously provided receipts indicating that Mother has purchased bunk beds for the boys and some documentation that she! had gone to Gaudenzia for a chemical dependency evaluation when she had been asked to do so. Mother indicates that she has lost track of the medication instruction sheet that the doctor had provided from the NO. 01-4450 CIVIL TERM children's pediatrician and now seems to be unclear about the dosing instructions for the children's medication. She reports that she no longer smokes in the residence and that she no longer has a roommate. 5. The parties had been scheduled for hearing on June 24, 2004. By their mutual agreement, the Conciliator contacted the Judge's chambers and continued that hearing date to August 25,2004 at 10:00 a.m. Counsel didl not believe it would be helpful to have a hearing at this time and sought to delay the hearing in anticipation that Mother would obtain employment and her employment schedule could be considered when the Court determines the custodial schedule. The parties do not wislh to return to Conciliation prior to trial. Additionally, the parties agreed that during Mother's period of unemployment, she may pick up the children early on her custodial days so long as it does not cause Tristan to miss any field trips. An Order providing for that modification is attached in addition to an Order granting a continuance and setting a new hearing date. 0/ ;2( /o'f Date ~I ~dltr~@r~ Melissa Peel Greevy, Esquite Custody Conciliator :231018 SCOTT A. MYERS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JENNIFER H. MYERS, DEFENDANT 01-4450 CIVIL TERM ORDER OF COURT AND NOW, this -:2b-l-. day of August, 2004, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Scott A. Myers and Jennifer H. Myers shall have joint legal custody of Tristan M. Myers, born October 11, 1997, and Bailey A. Myers, born April 18, 2000. (3) The father shall have primary physical custody of Tristan and Bailey. (4) During the school year, the mother shall have temporary physical custody of the children as follows: 1 (a) Every other weekend from Thursday at 3:00 p.m. until Sunday at 7:00 p.m. (b) Tuesday evenings from 3:00 p.m. to 7:30 p.m. (c) Thursday evenings from 3:00 p.m. to 7:30 p.m. (5) During the summer when school is not in session the mother and father shall have Tristan and Bailey on alternate weeks with the exchanges on Sundays at 7:30 p.m. I At this time we are satisfied that the greater stability for the children provided in the father's home warrants the following custodial arrangement during the school year. (6) If the father is scheduled to have the childn~n on Mother's Day or the mother is scheduled to have the children on Father's Day, the children shall spend that day with the other parent. (7) Memorial Day, Independence Day, and Labor Day shall alternate with the father having Labor Day in 2004. (8) Father will have the children each year from December 24th at 3:00 p.m. until December 24th at 7:00 p.m. The holiday period shall then be divided into two segments. Segment A shall be from December 24th at 7:00 p.m. until December 25th at noon. Segment B shall be from December 25th at noon untillDecember 26th at 8:00 a.m. when the regular schedule resumes. In odd numbered years mother shall have Segment A and father shall have Segment B. In even numbered years mother shall have Segment B and father shall have Segment A. (9) Thanksgiving shall be divided into two segments. Segment A shall be from 8:00 a.m. Thanksgiving Day until 2:00 p.m. Thanksgiving Day. Segment B shall be from 2:00 p.m. Thanksgiving Day overnight to resume the normal schedule on Friday morning. In odd numbered years father shall have Sel~ment A and the mother Segment B. In even numbered years mother shall have Segment A and father Segment B. (10) Easter shall be divided into two segments, Segment A and Segment B. Segment A shall be from 6:00 p.m. the Saturday before Easter until 2:00 p.m. Easter Sunday. Segment B shall be from 2:00 p.m. Easter SLlnday until the morning following Easter when the regular schedule resumes. In even n1Jmbered years mother shall have Segment A and father Segment B. In odd numbered years father shall have Segment A and mother Segment B. /Jerry A. Philpott, Esquire For Plaintiff ....-4'oanne Harrison Clough, Esquire For Defendant :sal ~~"~ >. M ?:.: 2ii M "5 N z :::> ~~ :c C)~ ig 0- C)<;... C.i::; "" ;;t;j a: N ~JZ ~ (.!) ffiiii :::> < ruo. ~ ..:r 5 = = u .... SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4450 iJENNIFER H MYERS, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY . AND NOW, this 2nd day of May, 2005, comes Petitioner Scott Myers, by and through his i fttorney, Joanne Harrison Clough, Esquire, and respectfully avers as follows: I ] . Scott A. Myers is an adult individual, currently residing at 105 Poplar Street, ~Ummerdale, Cumberland County, Pennsylvania. He is the natural father of Tristan Myers, age 6, ~orn October 11, 1997, and Bailey Myers, age 3, born on April ]8,2000. I I 2. Jennifer Myers is an adult individual, currently residing with her mother at 26 Sharon foad, Enola, Cumberland County, Pennsylvania. She is the natural mother of Tristan and Bailey ~yers. 3. In 200], when the parties initially separated, a Custody Order was issued on eptember 11, 2001, granting Father primary physical custody of the minor children. A true and orrect copy of said Order is attached hereto as Exhibit "A." 4. The parties subsequently reconciled and separated again in late February of2003. 5. A Custody Order was entered on April 17 , 2003. Said Order provides that the parties ave equal shared physical and shared legal custody of the minor children. A true and correct copy of s . d Custody Order is attached hereto, made part of, and incorporated herein by reference as Exhibit I 6. On August 26TH, 2004, a Custody Order was granted awarding Father primary physical custody of the children during the school year and ordering week on/week off physical Custody during the summer months. A true and correct copy of said Custody Order is attached pereto made part of and incorporated by reference as Exhibit C. 7. Petitioner Scott Myers is of the belief, and therefore avers, that the current joint rhysical custody schedule for the summer of 2005 is no longer in the best interest and permanent relfare of the minor children, Tristan and Bailey Myers, and seeks a modification of the current ~ustody Order, for the following reasons: ! a. Petitioner Scott Myers is better able to meet the day-to-day needs of the children. Therefore, it is in the best interest and permanent welfare of the children that he be the primary custodial parent of the children; b. It is in the best interest and permanent welfare of the minor children that they be in a stable and loving home environment, and Petitioner Scott Myers is better able to provide a consistent home environment than Respondent Respondent Mother recently moved again with no advance notice to Father or the children; c. Petitioner Scott Myers has provided more of the primary care-taking responsibilities of the children since their birth than Respondent, and it is in the best interest and permanent welfare of the children that this primary caretaker relationship be reestablished between the children and their Father; and d. Respondent/Mother Jennifer Myers' continues to expose the children to cigarette smoke and has repeatedly failed to give the children their prescription medications as prescribed., personal life and social activities are such that it is in the best interest and 2 permanent welfare of the children that PetitionerlFather Scott A Myers have primary physical custody of the minor children, Tristan and Bailey Myers. WHEREFORE, Petitioner Scott A Myers respectfully requests this Honorable Court $chedule a hearing on this Petition for Modification of Custody, and, after hearing the evidence presented at said hearing, grant him primary physical custody of the parties' minor children during the I ~ummer months in addition to the school year with reasonable periods of partial custody to the I fespondentlMother Jennifer Myers, and grant any further relief this Court deems appropriate. i . Respectfully Submitted, i i ~ate: i JOANNE HARRISON CLOUGH, PC --- C;v l,-",O~ BY: JO ARRISON CLOUG Attorney LD. No.: 36461 \ 24 N. 3200 Street "- Camp Hill, P A 17011 (717) 737-5890 Attorney for Plaintiff 3 VERIFICA nON I, Scott A. Myers, hereby verifY and state that the facts set forth in the foregoing pleading irre true and correct to the best of my information, knowledge and belief. I I understand that false statements herein are made subject to the penalties of 18 Pac C. S. , , t4904 relating to unsworn verification to authorities. i I I I I I I I I i ~ATE: '1-\?-OS I , i I J~_i't;"'- C<.. ~~~ Scott A Myers CERTDnCATE OF SERVICE I hereby certity that on the date set forth below a true and correct copy of the foregoing ~ocument was served on the following individuals via United States First Class Mail, postage prepaid ts follows: I I I Jerry A Philpott, Esquire 227 N. High Street PO Box 116 Duncannon, PA 17020-0116 \ ~ated: 5 - d - o~ , I ~~~~~~Ga=/ ~I . SI -. SEP 1 0 2nD'tJP Defendant IN THE COURT OF COMMON PLEAS OF . . CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL ACTION - LAW CUSTODY SCOTT A. MYERS, Plaintiff vs. JENNIFER H. MYERS, ,. , ORDER OF COURT : AND NOW, this . / j day of September, 2001, upon consideration of the a~ached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott A. Myers and Jennifer H. Myers, shall have s ared legal custody of the minor Children, Tristan M. Myers, born October 11, 1997, and B i1ey A. Myers, born April 18, 2000. Each parent shall have an equal right, to be exercised jo ntly with the other parent, to make all major non-emergency decisions affecting the C ildren's general well-being including, but not limited to, all decisions regarding their health, . e ucation and religion. Pursuant to the terms of Pa.C. S. 9 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, d ntal, religious or school records, the residence address of the Child and of the other parent. T the extent one parent has possession of any such records or information, that parent shall b required to share the same, or copies thereof, with the other parent within such reasonable ti ! e as to make the records and information of reasonable use to the other parent. ! 2. PhysiCal Custody. Father shall have primary physical custody subject to Mother's riqhts of partial custody which shall be arranged as follows: . A. To commence September 7,2001, on alternate weekends from 3:45 p.m. on Friday until Monday morning when the Children are returned to the daycare center. B. Each Wednesday after Mother's work until Thursday morning when the Children are returned to the daycare center. 3. Transportation. Transportation shall be shared by the parties with Mother picking UR the Children from Father's custody, unless otherwise agreed. . , 4., Holidays. The holidays shall be shared or alternated as agreed by the parties. The . p~rties shall make a plan for holidays no less than one week in advance. E'i hIt 'A. r:t No. 01-4450 Civil Term 5. This Order is temporary in nature. If within ninety days of the date of this Order an additional Conference is needed, counsel for either party may contact the Conciliator by letter to request that the Custody Conciliation Conference be reconvened. BY THE COURT, Dlst: Max J. Smith, Jr., Esquire, PO Box 650, Hershey, PA 17033-0650 Michael Pykosh, Esquire, PO Box 368. Camp Hill, PA 17011-0368 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT A. MYERS, vs. NO. 01-4450 . Defendant CIVIL ACTION - LAW CUSTODY JENNIFER H. MYERS, CUSTODY CONCILIATION SUMMARY REPORT I I, IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CNlL PROCEDURE 1~15.3-8, the undersigned Custody Concilia~or submits the following report: . ! i 1. The pertinent information concerning the Children who are the subject of this liti~ation is as follows: '. . I i NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF I I Tristan M. Myers B~i1ey A. Myers I i 2. A Custody Conciliation Conference was held on September 4, 2001, with the fOllOWing individuals in attendance: the Father, Scott A. Myers, and his counsei, Max J. Smith, Jr'l Esquire; the Mother, Jennifer H. Myers, and her counsel, Michael Pykosh, Esquire. I October 11, 1997 April 18, 2000 Father Father 3. The parties reached an agreement in the form of an Order as attached. Date 7/-tf/ Me issa Peel Greevy, Esquire Custody Conciliator APR 1 6 2003 ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL TERM SCOTT A. MYERS, v. JENNIFER H. MYERS, CIVIL ACTION - LAW IN CUSTODY Defendant Ba~ley, J. - TEMPORARY ORDER OF COURT AND NOW, this /1"'!f day of April, 2003, upon consideration of the Custody Co~ciliation Summary Report, it is hereby ordered and directed as follows: I B. Effective April 14, 2003, during Week two (2), Mother shall have custody on Monday, Tuesday, Friday, Saturday and Sunday; and Father shall have custody on Wednesday and Thursday. t'l-h'\b~-t B , NOI. 01-4450 CIVIL TERM C. Inasmuch as Mother is not presently employed outside the home, this arrangement contemplates the children being in the care of their Mother during Father's work hours on his custodial days. D. Unless otherwise agreed, custodial exchanges shall occur at the Burger King near Gettysburg Road in Camp Hill, Pennsylvania. I I ! i 4. During any period of custody or visitation the parties to this Order shall not pot-sess or use controlled substances, neither shall they consume alcoholic beverages to th point of intoxication. The parties shall likewise ensure, to the extent possible, that the ot er household members and/or house guests comply with this prohibition. I 5. Neither party shall do or say anything which may estrange the children from th other parent, injure the opinion of the children as to the other parent, or hamper the free a d natural development of the children's love and respect for the other parent. Each p rent shall ensure that third parties also comply with this provision during his or her periOdS of custody. ~. 6. In the event either party is unavailable to provide care for the children for three (3) hours or more during his or her period of custody, that party shall first make a r sonable effort to contact the other party to offer the parent the opportunity to provide c re for the children before contacting third-party caregivers. 7. Holidavs. A. On Mother's Day 2003, Mother's custodial period shall commence at 12:00 noon rather than the Monday following Mother's Day. B. For Easter 2003, Father's custodial periOd for that week shall begin at 12:00 noon Easter Sunday. 8. The Custody Conciliation Conference shall reconvene on May 19, 2003 at 8 30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 arket Street, Lemoyne, PA 17043. RUE COPY FROM RECORD BY THE COURT: ~ Whenlof, I here unto lIIlt my bald : . the ~ of said Court at CiAlsle, PI. 1 ij - .;U~Qj ~s/ ~u Ii 134<>p} dg8r B. Bayley, J. ] ~st: I I Prothonotart Jarad W. Handelman, Esquire. 134 Slpe Avenue, Hummelstown, PA 17036 Margaret Simok, Esquire, Mid Penn Legal Services, 3540 N. Progress Avenue, Harrisburg, PA The Honorable Edward E. Guido, C.C.C., One Courthouse Square, Carlisle. PA 17013-3387 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL TERM . SCOTT A. MYERS, v. CIVIL ACTION - LAW IN CUSTODY JENNIFER H. MYERS, Defendant CUSTODY CONCILIATION SUMMARY REPORT , IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19115.3-8, the undersigned Custody Conciliator' submits the following report: '1. The pertinent information concerning the child who is the subject of this IitigFtion is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Tristan M. Myers Bailey A. Myers October 11, 1997 April 18, 2000 Mother Mother 2. The parties were seen for a Custody Conciliation Conference following Fa her's Petition to Modify the Custody Order filed on or about March 24, 2003. It should be no ed that there is also a PFA Order docketed to 03-865 with an Order of March 7, 2003 w ich is in effect until August 26, 2004. Attending the conference were the Father, Scott A. M ers, and his counsel, Jarad Handelman, Esquire; the Mother, Jennifer H. Myers, and her co nsel, Margaret Simok, Esquire. 3. The parties reached an agreement for a Temporary Order in the form as a ached, with the understanding that they would try this temporary custodial arrangement fo approximately six (6) weeks understanding that the parties would retum to the c nciliator's office for an additional conference in mid to late May, 2003. If however the p rUes find that the Temporary Order is working adequately, upon notice from both counsel, th conferenc,e may be canceled, and the conciliator will relin uish jurisdiction leaving this O~der in place. , -f// tio~ ua~ Melissa Peel Greevy, Esquire Custody Conciliator I :2f1987 ~ l' I. I SCOTT A. MYERS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA \t. JENNIFER H. MYERS, DEFENDANT 01-4450 CIVIL TERM ORDER OF COURT AND NOW, this -;2b-l-- day of August, 2004, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Scott A. Myers and Jennifer H. Myers shall have joint legal custody of Tristan M. Myers, born October 11, 1997, and Bailey A. Myers, born April 18, 2000. (3) The father shall have primary physical custody of Tristan and Bailey. (4) During the school year, the mother shall have temporary physical custody of the children as follows:1 (a) Every other weekend from Thursday at 3:00 p.m. until Sunday at 7:00 p.m. (b) Tuesday evenings from 3:00 p.m. to 7:30 p.m. (c) Thursday evenings from 3:00 p.m. to 7:30 p.m. ~5) During the summer when school is not in session the mother and father shall have Tristan and Bailey on alternate weeks with the exchanges on Sundays at 7:30 p.m. I At this time we are satisfied that the greater stability for the children provided in the father's home warrants the following custodial arrangement during the school year. fx.J\,6',1- C- (6) If the father is scheduled to have the children on Mother's Day or the mother is scheduled to have the children on Father's Day, the children shall spend that day with the other parent. (7) Memorial Day, Independence Day, and Labor Day shall alternate with the father having Labor Day in 2004. (8) Father will have the children each year from December 24th at 3:00 p.m. until December 24th at 7:00 p.m. The holiday period shall then be divided into two segments. Segment A shall be from December 24th at 7:00 p.m. until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at 8:00 a.m. when the regular schedule resumes. In odd numbered years mother shall have Segment A and father shall have Segment B. In even numbered years mother shall have Segment B and father shall have Segment A (9) Thanksgiving shall be divided into two segments. Segment A shall be from 8:00 a.m. Thanksgiving Day until 2:00 p.m. Thanksgiving Day. Segment B shall be from 2:00 p.m. Thanksgiving Day overnight to resume the normal schedule on Friday morning. In odd numbered years father shall have Segment A and the mother Segment B. In even numbered years mother shall have Segment A and father Segment B. (10) Easter shall be divided into two segments, Segment A and Segment B. Segment A shall be from 6:00 p.m. the Saturday before Easter until 2:00 p.m. Easter Sunday. Segment B shall be from 2:00 p.m. Easter Sunday until the morning following Easter when the regular schedule resumes. In even numbered years mother shall have Segment A and father Segment B. In odd numbered years father shall have Segment A and mother Segment B. . - Jerry A. Philpott, Esquire For Plaintiff Joanne Harrison Clough, Esquire For Defendant :sal , N ~ ~ n ...., 1- ~ (- c':) c; C:;;;) ~ en .'11 .-' \). -',-" -1-' r ....... ..... () 1 \'- .... rv (,.J Ii'- r -r' ~ -{) =,,- r:? ". t: -- f::-"! 0.' J:- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs Civil Action . Law vs. No. 01-1245 ~AMIE R. CANNADY . Defendant JURY TRIAL DEMANDED MOTION TO COMPEL EXPERT REPORTS FROM PLAINTIFF SHEFFER 1. This lawsuit arises out of a motor vehicle accident which occurred on May ~6, 1999. 2. During the course of discovery Defendant served Plaintiff with a set of Ilnterrogatories and a Request for Production of Documents. (Defendant's discovery ~equests to Plaintiff are attached hereto as Exhibit "A") 3. This discovery requested Plaintiff to identify his expert witness and to ~roduce expert reports. 4. To date, Plaintiff has never produced any expert reports. 5. Defendant has requested Plaintiff to produce a copy of expert reports on s~veral occasions. (See Attorney Scheib's letters dated February 18, 2004 and March 10, ~004, attached hereto as Exhibit "B"). 6. Despite these requests, Plaintiff has never produced any expert reports. 7. Defendant files this Motion requesting the Plaintiff to produce copies of any e~pert reports. 8. Defendant would like to list this case for Trial and would like to have copies 'of any reports from individuals Plaintiff intends to call as expert witnesses at the trial of this ',matter. WHEREFORE, Defendant respectfully requests this Honorable Court for an Order iinstructing Plaintiff to produced copies of expert reports. If the expert reports are not I \produced within the time set forth in the Court's Order, then Plaintiff will be precluded from Falling any expert witnesses and Defendant can list this case for trial. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS " pate: / ~ }( {~ 1ilt~jl3, ilJ MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402-3737 Telephone: (717) 757-7602 Attorney for Defendant Jamie Cannady BY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs Civil Action - Law vs. No. 01-1245 ~AMIE R. CANNADY . Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 1l~'}y of April, 2005, I, MICHAEL B. SCHEIB, ESQUIRE, a .'../ ~ member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby ~ertify that I have this date served a copy of the Motion to Compel Expert Reports from I plaintiff Sheffer, by United States Mail, addressed to the party or attorney of record as I tOIlOWS: David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 (Attorney for Plaintiff) By: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS .... L;: / / )t{ ~ [( uJ~b=Yttwrl MICH)ELB. SCHEIB, ESQUIRE~ Supreme Court ID No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendant, Jamie Cannady . . i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED INTERROGATORIES/REOUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT CANNADY TO PLAINTIFFS SHEFFER SET NO.1 To: Gregory L. Sheffer and Debra L. Sheffer c/o David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 The Defendant, Jamie R. Cannady by his attorneys, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, Esquires, hereby demands that Plaintiffs answer the following Interrogatories under oath pursuant to Pennsylvania Rules of Civil Procedure 4005 and Pennsylvania Rule of Civil Procedure 4006 within thirty (30) days from the service hereof. These Interrogatories shall be deemed continuing so as to require supplemental answers if affiants obtain further information between the time the answers are served and the time of the trial. Also, pursuant to Pa. R.C.P. Rule 4009.1, et seq., as amended, Plaintiffs are requested to produce for inspection, examination and copying, at the offices of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, 110 South Northern Way, York, Pennsylvania 17402, not later than thirty (30) days after service of this Request, the documents herein described. . . Definition of Terms THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING INTERROGATORIES: A. "And" and "Or" means "and/or," and the singular form shall be deemed to include the plural and vice versa. B. "Describe" or "Description" when used with reference to any conversation, communication, statement, meeting, or discussion or any act, transaction, occurrence, happening, instance, or event, means to provide the following information: 1. The subject matter and substance of that which took place; 2. The time, date and place thereof; 3. The identification of each person who participated therein, or who was a witness thereto; and 4. The identification of each communication or document which refers thereto or which was prepared or made during the course thereof or as a consequence thereof. C. "Documents" shall mean the originals, and all non-identical copies (whether different from the originals because of notes made from such copies or otherwise), of all written, printed, recorded or graphic matter of every kind and description, including all attachments or addenda annexed thereto, whether inscribed by hand or mechanical, electronic, microfilm, photographic or other means, as well as phonic or visual reproductions, in the possession, custody or control of Plaintiff, including by way of amplification and not limitation: contracts, invoices, 2 . . correspondence, notes, drafts, reports, plans, recordings, diaries, desk calendars, interoffice and interoffice memoranda, memoranda for file, memoranda of telephone conversations, and minutes of meetings or conferences. D. "He" and any other masculine pronoun includes any individual, regardless of sex, to whom the interrogatory would otherwise apply. E. "Identify," "Identification" or "Identity" means to provide the following information: 1. When used with reference to a natural person, state his full name and present or last known business and residence address, his last known or present business affiliation, and his position in business affiliation at the time of the transaction, occurrence, event, happening, or matter in question. 2. When used with reference to any entity other than a natural person (e.g., corporation, partnership, joint venture or association), state: (a) Its full names; (bl The address of its principal place of business; and (cl Its organization form and its purposes, primary business or activities. 3. When used with reference to an oral communication: (a) State the place at which and the date on which such oral communication occurred; (b) Identify each person making such oral communication, the person to whom it was made and each other person who was present (in person or by telephone) when it was made; (c) State the subject and substance of such oral communication; and 3 . . (d) Specify, in accordance with paragraph (b) below, each document which relates or refers to each such communication or which was prepared and made during the course hereof or as a consequence thereof; F. "Person" means any natural person or any entity other than a natural person, including, but not limited to, sole proprietorships, partnerships, corporations, associations, joint ventures, co-ventures and any other legally recognized entity of any description whatever, as well as all divisions, departments, affiliates, subsidiaries, or other sub-units of the foregoing entities. G. "Specify" when used with reference to a "document," calls for: 1. The nature of the document (e.g., letter, contract, chart, memoranda); 2. Its date; 3. Each author (and, in different, each signer) thereof, and each person to whom the document was distributed; 4. Its subject matter and substance; 5. Its present or last known location or custodian; 6. The disposition of such document if it was but is no longer in your possession or subject to your control; and 7. Any other information necessary to enable the custodian to locate the particular document and necessary for use in a subpoena duces tecum or in a demand for the production of the documents under Rule 4009.1, et seq., of the Pennsylvania Rules of Civil Procedure. H. "Date" means the exact day, month and year if ascertainable, or, if not, the best approximation (including the relation of other events). 4 . . I. "You" or "your" refers to and shall be construed to mean the party to whom or to which these discovery requests are directed, as well as that party's agents, representatives, including without limitation, that party's counsel, insurance carriers and insurance agents, as well as investigators hired or retained by the responding party, its agents, representatives, or counsel. 5 . . 1. Please state your full name, date of birth and present address. A. Have you ever used or been known by any other name? If so, please state each other name. B. How long have you lived at your present address? C. If you are married, provide the full name of your spouse and the date of your marriage. D. If you have children, list their names, genders and dates of birth. 6 . . 2. What is your present occupation and state the name and address of your present employer. 3. Describe the specific nature of your employment duties and responsibilities. 7 . . 4. List the names and addresses of your former employers for the past ten years, if any, and describe your employment duties and responsibilities. 5. What is your social security number? 6. State the amount of your gross and net income for each of the past six years. 8 . . 7. Describe any and all accidents and/or personal injuries you have suffered before the accident herein sued upon, giving the date, place, and parties involved in each such accident. 8. From your knowledge, describe any and all infirmities and disabilities from which you suffered before the accident in this claim or law suit. 9 . . 9. State the names and addresses of all doctors whom you have seen or with whom you have consulted during the ten years preceding the date of this accident, and the nature of the ailment. illness, or other reason, for which such doctor was consulted. 10. Give the names and addresses of all hospitals where you have been either as an in-patient or an out-patient during the ten (10) years prior to the accident complained of and describe the condition which necessitated each such hospitalization. 11. Of your own knowledge, what injuries did you receive in the accident involved in this case? 10 . . 12. Of your own knowledge, list any permanent scars, disfigurements, disabilities or discomforts growing out of the within accident. 13. Of your own knowledge, please set forth the exact nature of all other present physical complaints, limitations or restrictions which you allege are attributable to the injuries which you received in the accident involved in this case. 14. If you have been hospitalized by reasons of the accident herein sued upon, list the names and addresses of all such hospitals, clinics, or other medical institutions in which you were a patient as a result of this accident, giving the dates of confinement and the sums of money paid by you or on your behalf, or owing to each for services to you. 11 . . 15. Please set forth the full name and address of each and every doctor or other medical person who has attended or examined you as a result of the within accident, and the sums of money paid or owing to each for services to you. 16. On what date did you last work prior to the accident which is the subject of this litigation? 12 . . 17. If you have returned to work, either on a full-time or part-time basis, when did you return and state whether the return has been to full-time or part-time employment. 18. Exactly how much income, if any, do you claim to have lost to date as a result of the within accident? A. If you have lost time from work, please state the number of days and give the exact date, month and year of each day lost. (i) the amount of said loss; (Ii) the method of calculating said loss; and (Iii) the facts upon which you rely to base your calculations. B . . 19. Of your own knowledge, will it be necessary for you to have future medical treatment by reason of the within accident and, if so, who advised you of the need for treatment and describe the type of treatment discussed. 20. Describe any and all accidents and/or personal injuries you have suffered since the accident here sued upon, giving dates, time and place, parties involved and injuries involved. 14 . . 21 . Do you know of any person who witnessed the alleged occurrence or who has any knowledge of the relevant facts concerning the nature, character and extent of the injuries, disabilities, damages, losses or expenses sustained by you as a result of the occurrence and for which claim is being made in this action? 22. If so, for each person, state: A. The name and last-known address; B. A detailed description of the relevant facts known; C. Whether written or otherwise recorded statement has been taken and, if so, the name and address of the person taking the statement and the person in present custody of the statement; and D. If you will do so without a Motion to Produce, attach a copy of each statement to your Answers to these Interrogatories. 15 . . 23. State the name, address, occupation and field of specialization, if any, of each person whom you expect to call as an expert witness at trial, and state as to each the subject matter on which the expert is expected to testify. 24. Set forth the qualifications of all those persons listed in the Answer to the preceding Interrogatory and in doing so, as to each expert, list: formal education; the schools attended, including years of attendance and degrees or certifications received; experience in particular fields, including names and addresses of employers with inclusive years of employment and positions held; teaching positions or other affiliations; and a list of all publications authored by said persons, including the title of the work, the name of the periodical or book in which it was printed, and the date of its printing. (In lieu of answering this Interrogatory, please attach a copy of each expert's Curriculum Vitae or resume.) 25. A. Set forth the facts to which each expert you have listed IS expected to testify; and B. Set forth the opinions to which each such expert is expected to testify. 16 . . 26. Identify and describe any photographs, experiments, videotapes, movies, : transparencies, models, diagrams, facsimiles, drawings, plans, tests, or other device or thing to be utilized by any expert to illustrate testimony or otherwise to support any opinion to be offered. 27. At the time of this accident, were you covered by any policy of insurance which protected against the loss which is the subject of this action including but not limited to auto insurance, health insurance and disability insurance? 28. If so, state for each such policy:: A. The name, principal place of business and telephone number of the insurer; B. The name, address and telephone number of the named insured; C. The policy number; D. The effective dates of coverage; E. The amount of liability coverage, specifying the terms thereof; F. State whether there are any provisions, such as medical pay clauses, first party benefits, uninsured motorist's coverage, underinsured motorist's coverage, or other insurance payment provisions, which will provide benefits to a party injured by your vehicle and set forth any conditions, exclusions or other relevant terms concerning such additional benefits, including the amount(s) of such coverage; G. The number of vehicles covered, if applicable. H. Your legal domicile at the time insurance was applied for; l7 . . I. Your legal domicile at the same time each policy of insurance (or any endorsement thereto) was issued; and J. Did you elect full tort option or limited tort option? 18 . . 29. Has the insurance company or companies involved raised any issue as to your coverage for damages arising from the aforesaid accident? If so, please set forth in detail the basis for such issue, reservation of right or denial of coverage. 30. If any issue as to coverage arising from this accident has been raised by the insurance company or companies involved, please set forth your position as to this issue. 31 . Are you protected against the type of risk which is the subject of this action by any: A. Reinsurance; B. Excess insurance; C. Umbrella policy; D. Insurance on another owned or leased vehicle; E. Self-owned or closely held business insurance; and F. Employer's liability insurance, if relevant? 19 . . 20 . . 32. If your answer to any portion of #31 above is in the affirmative, for each such coverage state: A. The name, address and telephone number of the insurer; B. The number of the policy; C. The form of insurance; D. The effective dates of coverage; E. The amount of coverage, specifying the terms thereof, including medical benefits, work loss benefits, and uninsured motorist/underinsured motorist benefits. F. The name and address of the named insured; G. State whether there are any provisions such as medical pay clauses, first party benefits, uninsured motorist's coverage, underinsured motorist's coverage, or other insurance payment provisions, which will provide benefits to a party injured by your vehicle and set forth any conditions, exclusions or other relevant terms concerning such additional benefits, including the amount(s) of coverage; H. The number of vehicles covered if applicable; I. Your legal domicile at the time each policy of insurance was applied for; and J. Your legal domicile at the time each policy of insurance (or any endorsement thereto) was issued. 21 . . 33. Has the insurance company or companies involved in your answer to Interrogatory #32 raised any issue as to your coverage for damage arising from the aforesaid accident. If so, please set forth in detail the basis for each such issue, reservation of right or denial of coverage. 34. Does any relative residing in your household possess motor vehicle insurance other than the coverage referred to in Interrogatory #27 or #31 ? 35. On the date of this accident, were you the owner of a motor vehicle registered in the Commonwealth of Pennsylvania? 22 . . 36. List the make, model, year and registration number of any motor vehicles owned by you (either individually or jointly with someone else) on the date of this accident. 37. State the date on which the motor vehicle you were operating at the time of this accident was last inspected prior to the date of the accident and identify the inspection facility by name and address. 38. Have you ever filed any claim(s) for worker's compensation benefits for this or any other incident and, if so, identify the employer, describe your injury, and provide the name and address of the insured or self-insured entity to which your claim was made. 23 . . 39. Identify by name, address, and subject matter of testimony all trial witnesses you intend to call. 40. State the total amount of bills you have incurred for medical treatment as a result of the motor vehicle accident upon which this lawsuit is based? 41. State the date of your last appointment for medical care, treatment or consultation for injuries related to the incident in suit, and identify by name or address the health care provider. 24 . . 42. Are you currently under a physician's care for injuries related to the incident in suit and, if so, state the name and address of the physician. 43. Has any physician advised you to limit or restrict your work, employment or vocational activities due to injuries related to the incident in suit and, if so, identify the physician by name and address and describe the limitations and/or advice related to you. 44. Has any physician advised you to limit or restrict your activities of daily living, household chores, hobbies, or activities you engaged in (pre-incident) and, if so, identify the physician by name and address and describe the limitations, restrictions and/or advice relayed to you. 25 . . 45. Have you been convicted of any crime within the past ten (10) years, whether by verdict or plea of guilty or nolo contendere? If so, please state: a. the date of each such conviction; b. the county and state in which you were convicted for each such crime; c. the nature of the felony or misderneanor of which you were convicted; d. whether such conviction resulted from a jury verdict, plea of guilty or plea of nolo contendere; e. the name and addresses of the tribunal imposing sentence; f. the title of the cause and case number assigned by said tribunal to your case; g. the nature of the sentence imposed; and h. the dates and places of any facility in which you were incarcerated, and the date(s) of release. 26 . . Please produce the following documents: 46. All photographs in the possession, custody or control of the Plaintiff, counsel for Plaintiff, or any other person or entity acting on behalf of the Plaintiff, including any insurers for the Plaintiff, showin9, representing or purporting to show any vehicles, locales, instrumentalities, persons, and any and all other matters related to the subject matters of this litigation. 47. All diagrams, sketches, drawings, plans, measurements, or blueprints in the possession, custody or control of Plaintiff, counsel for Plaintiff, or any other person or entity acting on behalf of said Plaintiff, including any insurer of said Plaintiff, showing, representing, or purporting to show any of the instrumentalities, locales, persons or other matters involved in the incident which forms the basis of Plaintiff's Complaint. 48. All statements, signed statements, transcripts of recorded statements or interviews, recorded statements if not transcribed or any statement of recorded statements if not transcribed verbatim taken of any parties, persons, or witnesses as art of an investigation of the happening or cause of the incident in question, onducted by, or in the possession of Plaintiff, Plaintiff's attorney, insurers, or anyone Ise acting on behalf of the Plaintiff. 49. All expert opinion, expert reports, expert summaries, or other writings of xperts in the possession, custody or control of Plaintiff, or his/her attorneys or i surers who are expected to testify at trial, which relate to the subject matter of this I tigation and the incident in question. 27 . . 50. All documents prepared by Plaintiff, or by any insurers, representatives, agents or anyone acting on behalf of Plaintiff, except his/her attorneys, during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whom this request is addressed is now in the possession, custody or control of the original) now in the possession, custody or control of Plaintiff, his/her former or present counsel, agents, employees, officers, insurers, or any other person acting on Plaintiff's behalf.) 51 . If not otherwise covered by the above Requests, the complete claimslinvestigation/subrogation (file(s) of any insurers of Plaintiff, dealing with the incident in question, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 52. All documents in the possession, custody or control of Plaintiff, Plaintiff's (counsel, insurers, or anyone else acting on Plaintiff's behalf, dealing in any way with ~he injuries, damages and losses sustained by Plaintiff, other than those documents ~uPPlied by Plaintiff's counsel to Defendant's counsel. This should include, but not be limited to, all medical bills, medical records, medical reports, correspondence, any and I I I 25 I . . all other bills and documents relating to medical treatment, hospitalization, medication, appliances, lost wages, etc. 53. If you are maintaining a claim for impairment of earning capacity, please produce copies of your Federal income tax returns for past six (6) years. 54. Please produce your W-2 (wage and tax statements) for the past six (6) years. 55. Produce copies of all trial exhibits. 56. Produce all of your policies of auto insurance in effect on the date of this accident including all declaration pages and endorsements. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: ;1 1J! f/; ~"\ MIC L B. S EIB, ESQUIRE Supreme Court I.D. #63868 Attorney for Defendant Cannady 110 South Northern Way York, PA 17402 (717) 757-7602 . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE , '1-rh AND NOW, thirll of June, 2001, \, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served Interrogatories/Request For Production of Documents of Defendant Cannady to Plaintiffs Sheffer by United States Mail, addressed to the party or attorney of record as follows: David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY: Michael B. Scheib, ES UIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendant Cannady I)~) ~ LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS R BERT M. STRICKLER R BEAT A.LERMAN" P ER D. SOL YMOS CARLES e. CALKINS P UL G. LUTZA M CHAEL B. SCHEIB. 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402.3737 TELEPHONE: (717) 757-7602 FAX: 17171 757-3783 EMAJL;info(Woslsccom ANN MARGARET GRAB THOMAS B. SPONAUGLE KRISTl A. GOHN PATRICIA J. BARTKQWIAK GLENN J. SMITH Michael B. Scheib's EMA!l: MschAib@osN;-ccom R BERTH. GRifFiTH - OF COUNSEL <I Iso Member MD Bar - L.M (TaxBtlon/; also Member CT Bar .. Iso Member NY and D.C. Bars ebruary 18, 2004 avid W. Knauer, Esq. 11-A East Main Street echanicsbur9, PA 17055 e: Sheffer vs. Cannadv Cumberland County Civil Action No.: 01-1245 ear Attorney Knauer: As you may recall, this case was listed for trial in December, 2003. The case had to be continued because of your hospitalization. It is my understanding that the case has not been re-listed for trial. I do not want to take any steps to re-list it for trial until I have had an opportunity to discuss your schedule. At your earliest opportunity please contact my office so that we can review our calendars and determine when we should list this case for trial. Because of your prior health problem, I do not want to take any steps to list it without an understanding of your availability. Similarly I would hope that you will not list it for trial without conferring with me and ascertaining my availability. Finally, I have not received any expert witness reports from you. -- _~_-""O'-'" David W. Knauer, Esq. Itebruary 18, 2004 F'age Two ~Iease forward the reports of any experts you intend to have testify at the trial of ~his matter. , FiilJ~!tf ~ICHAEL B. SCHEIB ~j .Itr. Cannady LAW OFFICES GRIFFITH. STRICKLER. LERMAN, SOL YMOS & CALKINS ROBERT M. STRICKLER ROBERT A. LERMANO PETER D. SOL YMQS CHARLES B. CALKINS PAUL G. LUTZ~ MICHAEL B. SCHEIB* 110 S. NORTHERN WAY YORK. PENNSYLVANIA 17402.3737 TELEPHONE: \717> 751.7602 FAX: (717) 757-3783 EMAll: infQ@loslsc.com ANN MARGARET GRAB THOMAS B. SPONAUGL.E KRISTI A. GQHN PATRICIA J. BARTKOWIAK GLENN J. SMITH Michael B. Scheib's EMA!L: Mscheib@oslsc com ROBERT H. GRIFFITH. OF COUNSEL PAisa Member MD Bar ~LL.M ITaxation!; also Member CT Bar .. Also Member NY and D.C. 881S March 10, 2004 David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 Re: Sheffer vs. Cannadv Cumberland County Civil Action No.: 01-1245 Dear David: This is a follow-up to my letter to you dated February 18, 2004. I would like to brin9 this case to a conclusion. Previously the case was listed for trial but was continued because of your hospitalizations. Because of your prior health problem, I do not want to take any steps to list it for trial without an understanding of your availability. Please contact my office so that we can discuss your availability and the court calendar. In addition, I have never received any expert witness reports from you. I would appreciate if you would forward any such reports to my office. Very truly yours, ,~ MICRA L B. SCHEIB ej.ltr.Ca nady n (- ,..., C_-::1 t".;.:';' l':".,'" y,;..... ~: \ N CJ -n :?-,., rr1F' \-:' r~-" -n .~'.~:~', ':~~F~ ~:\ .~f:l ~"':'" -;.~ (:> !:e- N .. SCOTT A. MYERS, Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY v. NO: 01-4450 JENNIFER H. MYERS, Defendant CIVIL ACTION - LAW CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL COMES NOW, Jerry A. Philpott, Esquire, and applies for leave to withdraw as counsel for defendant, Jennifer H Myers, on the following grounds: 1. Petitioner is Jerry A. Philpott, Esquire, counsel for defendant, Jennifer H. Myers. 2. Respondent is Ms Myers, defendant in this action. 3. Petitioner desires leave to withdraw as counsel for Ms Myers for the following reasons: Respondent has failed to abide by the fee agreement in this matter. 4. Respondent has outstanding legal fees and has failed to make regular payments on the account WHEREFORE Petitioner requests that a rule issue to Respondent and to counsel for plaintiff, Joanne Harrison Clough, Esquire, to show cause why Jerry A. Philpott, Esquire, should not be allowed to withdraw as counsel for defend , Je pifer H Myers, in the above-captioned matter. Re pectfully submitted, Jerry A. PhI pott, Esquire Supreme Court ID #47624 227 No. High Street, PO Box 116 D1Ji1cannon, P A 17020 Dated: May 17, 2005 SCOTT A. MYERS, Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY v. NO: 01-4450 JENNIFER H. MYERS, Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the Application for Leave to Withdraw as Counsel on the persons indicated below by depositing same in the United States mail at Duncannon, P A, with first class postage affixed, addressed as follows, which service satisfies the requirements ofP. R C. P. 440. Jennifer Myers 159-A South Enola Drive Enola, P A 17025 Joanne Harrison Clough, Esquire 24 N. 32"d Street Camp Hill, P A 17011 Dated: May 17, 2005 -' -.----- ~ -\ L ~ , '.'; l...~~ ----- PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT A. MYERS V. 01-4450 CIVIL ACTION LAW JENNIFER H. MYERS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, May 20, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective eounsel appear before Melissa P. Greevy, Esq. at DJ Manlove's, 1901 State SI., Camp Hill, P A 17011 on Monday, June 20, 2005 , the conciliator, at I :00 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. 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. 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/ Melissa P. Greevy. Esq. Custody Conciliator f~- The Court of Common Pleas of Cumberiand County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible tacilities and reasonable accommodations available to disabled individuals having business before the court, please contact our oftice. All arrangements must be made at least 72 hours prior to any hearing or business bef,,,e the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. iF YOU DO NOT HA VE 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 -(~~t!J r~ ~ yJ.(:7["> ..~::; ~~f~z/" _p.oc> $' -(.I T ~. - ~;l ~?:ur/-~? .p(! ",J oc'7 ,)';'j :~~ :)~l 02: ;,,-:! L - ~ - ... SCOTT A. MYERS, Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY v. NO: 01-4450 JENNIFER H. MYERS, Defendant CIVIL ACTION - LAW CUSTODY RULE TO SHOW CAUSE AND NOW, this2-f dayof \A ~ ,2005, a rule is issued upon defendant, ,- ......... Jennifer H. Myers, and counsel for plaintiff, Joanne Harrison Clough, Esquire, to show cause why Jerry A. Philpott, Esquire, should not be allowed to withdraw as counsel for defendant, Jennifer Myers. Rule returnable ten (10) days after service BY THE COuRT, " .)// '. ~ (\4~ J. " ~i ~ ' t\ ... v, f' ' ,-\...) - .,eJ ~ ,~j f' ~ .. """""- ~~, "'- ~ 1'- Ii -I (, '.' 'i ,-.--', " t,,~ "'~,IS-'-'~:'I" ,"" 'J;..l ,",Il - SCOTT A. MYERS, Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY v. 01-4450 Civil JENNIFER H. MYERS, Defendant CIVIL ACTION - LAW CUSTODY MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE COMES NOW, Jerry A. Philpott, Esquire, and requests the court to order his withdrawal as counsel for defendant, Jennifer H. Myers, on the following grounds: 1. A Petition for Leave to Withdraw was filed with this Court on May 18,2005. 2. On May 23, 2005, this Court issued a Rule to Show Cause, as to why the appearance of Jerry A. Philpott should not be allowed to be withdrawn. 3. Letters oftransmittal forwarding said Rule to defendant, Jennifer H. Myers, and counsel for plaintiff, Joanne Harrison Clough, Esquire, are attached as Exhibits. 4. No response has been filed. WHEREFORE the undersigned requests that this C it him to withdraw as counsel for defendant, Jennifer H. Myers, in this matter. Dated: June 8, 2005 Exhibits: Letters of transmittal ~ ""tl ..t~" ~";'" "w.., ,,,:r;;::~ LAW OFFICE OF JJ~[~J~W ~o ~[H]ul~(QJuu Jerry A. Philpott, Esquire Deborah McQuay, paralegal ATTORNEY-AT-LAW 227 No. High St.. PO Box 116 Dune.nnon. PA 17020-0116 717834-3087 FAX 834-5437 May 26, 2005 Jennifer H. Myers 159-A South Enola Drive Enola, PA 17025 File no. 04-02-17 Re: Myers vs. Myers No: 01-4450 Dear Jenn: I enclose a Rule to Show Cause. You have to make objections within 10 days in proper form or I will be allowed to withdraw. Sincerely. Jerry A. Philpott Enci.: Rule to Show Cau:ic Copy of My Letter to Attorney Clough DNR ~j +'M.~ p .' ;'H, '. ;j ';,~ I:' _ _t~'y.,/ j b,~.:b. '''wi' 7 LAW OFFICE OF l~ ~ JJ~~~W ~o ~Q={]~[L~~uu Jerry A. Philpott, Esquire Deborah McQuay, paralegal Joanne Harrison Clough, Esquire 24 N. 32"d Street Camp Hill, PA 17011 File no. 04-02-17 ATTORNEY.AT-LAW 227 No. High St. PO Box 116 Ouncannon, PA 1702().0116 Re: Myers ys. Myers No: 01-4450 Dear Joanne: 717 834-3087 FAX 834-5437 May 26, 2005 [ enclose a Rule to Show Cause as to whether or not I should be allowed to withdraw. Encl.: Ruie LO Show Cause cc: Jennifer H. Myers DNR Sincerely. Jerry A. Philpett ,r .~~ i..\.. ,~,~,;a...\l \jj ".': ~'I '-.4 l . ,~,yrd ~, t. J '\ ~;: ,'. 'tt1' ''lt~" " VERIFICATION I verify that the foregoing facts are true and correc understand that false statements herein are made subject to the penalties of 18 Pa.C.S 904, rei ing to unsworn falsification to authorities. SCOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, Defendant COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY 01-4450 Civil CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I hereby certifY that I have served the foregoing document on the persons indicated below by depositing same in the United States mail at Duncannon, P A, with first class postage affixed, addressed as follows: Jennifer Myers 159-A South Enola Drive Enola, P A 17025 Joanne Harrison Clough, Esquire 24 N. 32nd Street Camp Hill, PA 17011 Dated: June 8, 2005 ,..--.- / Jerry A.Philpott, Esq~~e , ~.~~~i ~:--__ I ~~! .' !'~~t .~,; ~ ";;;.( " ~:~;.: :':::i -< () G ...., c::::> t':':;:.l c.r> <-- c= z o -n :? fnFQ -urn ;pO . ,.1.. ?J ~''f~ ;':----,.; (..)-.-: zO (',)rn :,;.:1 ~D -< I \.D -0 ::J: W (':) W SCOTT A. MYERS, Plaintiff RECEIVED JUN 13 lOOSyl' IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY . v. 01-4450 - CIVIL JENNIFER H. MYERS, Defendant CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this ~ day of \ I S>v\JL. , 2005, upon consideration of the "--.. . Motion to Make Rule Absolute, IT IS HEREBY ORDERED that the rule that was issued on defendant, Jennifer H. Myers, and counsel for plaintiff, Joanne Harrison Clough, Esquire, in the above-captioned matter on May 23,2005, to show cause why the appearance ofJerry A. Philpott, Esquire, should not be withdrawn is made absolute, that Jerry A. Philpott, Esquire, is granted leave to withdraw as counsel for defendant, Jennifer H. Myers, and that he is no longer counsel. / cc: FiLED-0FFICE OF THE Pi10THOt,lOTMY 20U5 JUiV 114 Pfj 1,: 00 C' (IA"., , .' ; I' 'lfTV l..h'"e,......".; "^".......J'flj PEt\ij\iSYL~~tF\i!A ",.- SCOTT A MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4450 JENNIFER H. MYERS, Defendant CIVIL ACTION- LAW IN CUSTODY JOINT STIPULA nON TO MODIFY CUSTODY ORDER OF AUGUST. 26. 2004 AND NOW, this1.2/-Jday of J..vv-<- , 2005, comes Petitioner Scott Myers, by and through his attorney, Joanne Harrison Clough, Esquire, and respc:ctfully avers as follows: I. Plaintiff Scott A Myers is represented by Joanne Harrison Clough, Esquire. 2. Defendant Jennifer H. Myers was formerly represented by Jerry A Philpott, Esquire, but is presently unrepresented. 3. On May 2, 2005, Scott A Myers filed a Petition to ModifY the Custody Order of August, 26, 2004. 4. Scott A Myers and Jennifer H. Myers have reached an agreement to modifY the terms of the Custody Order of August 26, 2004, and both agree to modi~, this Custody Order as follows: A. All prior Custody Orders are to be vacated and re:placed with an Order adopting the terms of this Stipulation. B. Scott A Myers and Jennifer H. Myers shall hav,e joint legal custody of Tristan M. Myers, born October 11, 1997, and Bailey A Myers, born April 18, 2000. c. Scott A Myers shall have primary physical custody of Tristan and Bailey. D. Jennifer H. Myers sha1I have temporary physical custody of the children as follows: 1. Every other weekend from Friday at 3:00 p.m. until Sunday at 7:30 p.m. During the summer Mother may keep the <:hi1dren to Monday at 8:00 a.m. 2. Tuesdays from 3:00 p.m. to 8:00 p.m. during the school year. During the summer months from Tuesday at 3:00 p.m. to Wednesday at 8:00 a.m. 3. Wednesdays from 3:00 p.m. to 8:00 p.m. 5. Father shall always have custody of the children on Falher's Day from 8:00 a.m. to 8:00 p.m. and Mother shall always have custody of the children on Mo1her's Day from 8:00 a.m. to 8:00 p.m. 6. The parties shall alternate the holidays of Memorial Day, Independence Day and Labor Day from 8:00 a.m. to 8:00 p.m. 7. Father shall have the children each year from Decemb<~ 24 at 3:00 p.m. until December 241h at 7:00 p.m. The holiday period shall then be divided into two (2) segments. Segment A shall be from December 241h at 7:00 p.m. until December 251h at noon. Sl:gment B shall be from December 251h at noon until December 261h at 8:00 a.m. when the regular schedule resumes. In odd numbered years Mother sha11 have segment A and Father shall have segment B. In even numbered years Mother shall have segment B and Father sha11 have segment A 8. Thanksgiving shall be divided into two (2) segments. Segment A shall be from 8:00 a.m. Thanksgiving Day until 2:00 p.m. Thanksgiving Day. Segment B shall be from 2:00 p.m. Thanksgiving day and overnight to resume the nonnal schedule on Friday morning. On odd numbered years father shall have Segment A and Mother shall have segment B. On even numbered years Mother shall have segment A and Father shall have segmerlt B. 9. Easter shall be divided into two (2) segments. Segml~t A and segment B. Segment A shall be from 6:00p.m. the Saturday before Easter until 2:00 p.m. Easter Sunday. SegmentBsha11be from 2:00 p.m. Easter Sunday until the morning following Easter when the regular schedule resumes. On even numbered years Mother shall have segment A and Father shall have segment B. On odd 2 numbered years Father shall have segment A and Mother shall have segment B. 10. Jennifer H. Myers agrees to sign up for and complete parenting classes at Parent Works in New Cumberland. She shall provide proof of enrollment in classes within 30 days of the date of execution of the Stipulation and shall provide proof of completion of the classes to Father when completed. 11. Mother agrees to properly cooperate with Father in alii medical and health related issues with the children and agrees to not expose the children to any second hand cigarette smoke. Mother further agrees to administer prescription and non-prescription medications as directed by the children's healthcare professionals. 12. Both parties agree this Stipulation should be reduced to a court order and shall be promplty filed by Father with the Court of Common Pleas of Cumberland County. j~CA~~ Scott A. Myer ~ t -~;l-05 (Date) ~'~y~S ~ 10=29-05 (Date) 3 CERTIFICATE OF SERVlCl!; I hereby certifY that on the date set forth below a true and correct copy of the foregoing document was served on the following individual via United States First Class Mail, postage prepaid as follows: Jennifer H. Myers 26 Sharon Road Enola, P A 17025 ,/ Dated: ~''1-1 ~ 0'7 ~"('} -, ~.: c '-" ,.,-:) R, --l :L.." ~~ ~~~ . ,(--q {~:~~ ~~ u ~:,; ~~ " :.~, 6..,-l (- :::'~,; """- N .......J {::! .f~ .....1 .i RECEIVED JUL Il 2005 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY SCOTT A. MYERS, v. JENNIFER H. MYERS, Defendant ORDER TO RELINQUISH JURISDICTION AND NOW. this 7th day of July, 2005, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned malter. FOR TH~T: hy: I bJ Jt~ ~'eel Greevy, E Custody Conciliator ;254180 1; ~ C-" u.,l..;' ( ')"'.C', ('C' ,t:::f C) 1;::-;:, I ~-:: t::':'ltJ- '-0- ::1 __LW ,,l...iE: ~ <:P lJ~ 9 ...:;r:- d ?= ?- ~3~ N - ;::; ,_C~ "i ,-- ,~ r~Cl ~ c.:- -' :;? -> ,J? ~ ~'5 Q -- SCOTI A. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4450 JENNIFER H. MYERS, Defendant : CIVIL ACTION - LAW : IN CUSTODY 10INT STIPt[LATION ~ MODIFY CU~TODY ORDER OF AUGUST. 26. 2004 AND NOW, this l1j day of ~ 2005, comes Petitioner Scott Myers, by and through his attorney, Joanne Harrison Clough, Esquire, and re:spectfuUy avers as follows: 1. Plaintiff Scott A. Myers is represented by Joanne Hamson Clough, Esquire. 2. l}efendant Jennifer H. Myers was formerly represented by Jerry A. Philpott, Esquire, but is presently unrepresented. 3. On May 2, 2005, Scott A. Myers filed a Petition to Modify the Custody Order of August, 26,2004. 4. Scott A. Myers and Jennifer H. Myers have reached lID agreement to modify the terms of the Custody Order of August 26, 2004, and both agree to modify this Custody Order as follows: A. All prior Custody Orders are to be vacated and replaced with an Order adopting the terms of this Stipulation. B. Scott A. Myers and Jennifer H. Myers shall have joint legal custody of Tristan M. Myers, born October 11, 1997, and Bailey A. Myers, born April 18, 2000. C. Scott A. Myers shall have primary physical custody of Tristan and Bailey. D. Jennifer H. Myers shall have temporary physical custody of the children as follows: 1. Every other weekend from Friday at 3:00 p.m. until Sunday at 7:30 p.m. During the summer Mother may keep the c:hildren to Monday at 8:00 a.m. 2. Tuesdays from 3:00 p.m. to 8:00 p.m. dUling the school year. During the summer months from Tuesday at 3:00 p.m. to Wednesday at 8:00 a.m. 3. Wednesdays from 3:00 p.m. to 8:00 p.m. 5. Father shall always have custody of the children on 11ather's Day from 8:00 a.m. to 8:00 p.m. and Mother shall always have custody of the children on Mother's Day from 8:00 a.m. to 8:00 p.m. 6. The parties shall alternate the holidays of Memorial Day, Independence Day and Labor Day from 8:00 a.m. to 8:00 p.m. 7. Father shall have the children each year from December 24 at 3:00 p.m. until December 24th at 7:00 p.m. The holiday period shall then be divided into two (2) segments. Segment A shall be from December 24th at 7:00 p.m. until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at 8:00 a.m. when the regular scbedule resumes. In odd numbered years Mother shall have segment A and Father shall have segment B. In even numbered yearsMother shall have segment B and Father shall have segment A. 8. Thanksgiving shall be divided into two (2) segments. Segment A. shall be from 8:00 a.m. Thanksgiving Day until 2:00 p.m. Thanksgiving Day. Segment B shall be from 2:00 p.m. Thanksgiving day and overnight to resume the normal schedule on Friday morning. On odd numbered years father shall have Segment A. and Mother shall have segment B. On even numbered years Mother shall have segment A and Father shall have segment B. 9. Easter shall be divided into two (2) segments. Segment A and segment B. Segment A shall be from 6:00 p.m. the Saturday before Easter until 2:00 p.m. Easter Sunday. Segment B shall be from 2:00 p.m. Easter Sunday until the morning following Easter when the regular schedule resumes. On even numbered years Mother shall have segment A and Father shall have segment B. On odd 2 numbered years Father shall have segment A and Mother shall have segment B. 10. Jennifer H. Myers agrees to sign up for and complete parenting classes at Parent Works in New Cumberland. She shall provide proof of enrollment in chsses within 30 days of the date of execution of the Stipulation and shall provide proof of complc:tion of the classes to Father when completed. 11. Mother agrees to properly cooperate with Father in ail medical and health related issues with the children and agrees to not expose the children to any llC(:ond hand cigarette smoke. Mother further agrees to administer prescription and non-prescription medications as directed by the children's healthcare professionals. 12. Both parties agree this Stipulation should be reduced to a court order and shall be promplty filed by Father with the Court of Common Pleas of Cumberland County. J~c k~ Scott A. Myers " :,)..;2-<JF (Date) Clo n ^tf:A ~ yers (Ill [1JIl J\) /K"D.--e5 I ate) 3 ,-.' ,..-~C> ,', .,:J" \ r--' -n -.- - !"",,) 0'\ - 1RECEIVED AUG 032005 J- SCOTT A. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4450 JENNIFER H. MYERS, : CIVIL ACTION .. LAW Defendant : IN CUSTODY REVISED ORDER AND NOW, this --1l1- day of August, 2005, pursuant to the attached Joint Stipulation to Modify Custody Order of August, 26, 2004, it is hereby ORDERED AND DECREED: 1. All prior Custody Orders are to be vacated and replaced with an Order adopting the terms of the Joint Stipulation to Modify Custody executed by the parties on June 22, 2005. 2. Scott A. Myers and Jennifer H. Myers shall have joint kgal custody of Tristan M. Myers, born October 11, 1997, and Bailey A. Myers, born April 18, 2000. 3. Scott A. Myers shall have primary physical custody of Tristan and Bailey. 4. Jennifer H. Myers shall have temporary physical custody of the children as follows: a. Every other weekend from Friday at 3:00 p.m. until Monday at 8:00 a.m. b. Tuesdays from 3:00 p.m. to 8:00 p.m. during the school year. During the summer months from Tuesday at 3;00 p.m. to Wednesday at 8:00 a.m. c. Wednesdays from 3:00 p.m. to 8:00 p.m. 5. Father shall always have custody of the children on Father's Day from 8:00 a.m. to 8;00 p.m. and Mother shall always have custody of the children on Motller's Day from 8:00 a.m. to 8;00 p.m. 6. The parties shall alternate the holidays of Memorial Day, Independence Day and Labor Day from 8;00 a.m. to 8;00 p.m. 7. Father shall have the children each year from Decemlx~r 24 at 3 :00 p.m. until December 24th at 7:00 p.m. The holiday period shall then be divided into two (2) segments. Segment A shall be from December 24th at 7:00 p.m. until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at 8:00 a.m. when the regular schedule resumes. In odd numbered years Mother shall have segment A and Father shall have segment B. In even numbered years Mother shall have segment B and Father shall have segment A. 8. Thanksgiving shall be divided into two (2) segments. Segment A. shall be from 8:00 a.m. Thanksgiving Day until 2:00 p.m. Thanksgiving Day. Segment B shall be from 2:00 p.m. Thanksgiving day overnight to resume the normal schedule on Friday morning. On odd numbered years father shall have Segment A. and Mother shall have segment B. On even numbered years Mother shall have segment A and Father shall have segment B. 9. Easter shall be divided into two (2) segments. Segment A and segment B. Segment A shall be from 6:00 p.m. the Saturday before Easter until 2:00 p.m. Easter Sunday. Segment B shall be from 2:00 p.m. Easter Sunday until the morning following Easter when the regular schedule resumes. On even numbered years Mother shall have segment A and Father shall have segment B. On odd numbered years Father shall have segment A and Mother shall have segment B. 10. Jennifer H. Myers shall sign up for and complete par,mting classes at Parent Works in New Cumberland. She shall provide proof of enrollment in classes within 30 days of the date of execution of the Stipulation and shall provide proof of completion of the classes to Father when completed. II. Mother agrees to properly cooperate with Father in all medical and health related issues with the children and agrees to not expose the children to any second hand cigarette smoke. Mother further agrees to administer prescription and non-prescription medications as directed by the children's healthcare professionals. BY ~OURT: 1. 2CD5 r~UG - J ~ " I (1, n ~i' ...J -