HomeMy WebLinkAbout01-1086 FX
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KIMBERLY MYERS
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. Of-16ft:. C/oLl '-r~
:CUSTODY
v.
ROBERT F. ERFORD, SR.
ORDER OF COURT
AND NOW, this day of , 2001, upon consideration
of the attached Complaint, it is hereby directed that the parties and their respective
counsel appear before , Esq., the Conciliator, at
on the day of
2001, at .M., for a Pre-Hearing Custody Conference. At such conference, an
effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to
define and narrow the issues to be heard by the Court, and to enter into a temporary
order. Failure to appear at the Conference may provide grounds for entry of a
temporary or permanent order.
FOR THE COURT,
By:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having
business before the Court, please contact our office. All arrangements must be made at
least 72 hours prior to any hearing or business before the Court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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KIMBERLY MYERS
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. ()/- 10R1, ~ I~
vi.
ROBERT F. ERFORD, SR.
:CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is Kimberly Myers, an adult individual whose residence is at 98
Fairview Street, Lot 11, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Robert F. Erford, Sr., an adult individual whose residence is
at 42 West Main Street, Apartment 1, Mechanicsburg, Cumberland County,
Pennsylvania.
3. Plaintiff seeks custody of her child Joshua Alan Erford, born February 1,
1988, currently residing at 98 Fairview Street, Lot 11, Carlisle, Cumberland County,
Pennsylvania.
4. The child is presently in the custody of Plaintiff.
5. Since the child birth, the child have resided at the following addresses:
Name Address Dates
Kimberly Myers 98 Fairview Street, Lot 11 Present -
Carlisle, PA 17013 January 2000
Kimberly Myers 76 W. Main Street January 2000 -
Plainfield, PA January 1999
Kimberly Myers 7 Piepers Court January 1999 -
Carlisle, PA 17013 July 1998
Kimberly Myers & 434 N. Pitt Street July 1998 -
Robert F. Erford, Sr. Carlisle, PA 17013 October 1997
Kimberly Myers & Pitt Street October 1997 -
Robert F. Erford, Sr. Carlisle, pA 17013 January 1996
6. The relationship of the Plaintiff to the child is that of natural mother.
7. The relationship of the Defendant to the child is that of natural father.
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8. The Plaintiff has not participated as a party or in any other capacity, in
other litigation concerning the custody of the child in this or any other Court.
9. Plaintiff has no information of a custody proceeding concerning the child
pending in a Court of this Commonwealth.
10. The best interest and permanent welfare of the child will be served by
granting the relief requested because the Plaintiff is the primary care giver with respect
to the child.
11. Each parent whose parental rights to the child have not been terminated
and the person who has physical custody of the child have been named as parties to
this action. Not other persons are known to have or claim to have any right ~o custody
or visitation of the child other than the parties to this action.
WHEREFORE, Plaintiff requests your Honorable Court
Respectfully Submitted
TURO LAW OFFICES
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Date
Robert . Mulderig, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
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VERIFICATION
I verify that the statements made in the foregoing Custody Complaint are true
and correct. I understand that false statements made herein are subject to the penalties
of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities.
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KIMBERLY MYERS
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
~NO. 61-1~ Qc>~( I~
:CUSTODY
v.
ROBERT F. ERFORD, SR.
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Kimberly Myers, Plaintiff, to proceed in forma oauoeris.
I, Robert J. Mulderig, Esquire, attorney for the party proceeding in forma
oauoeris, certify that I believe the party is unable to pay the costs and that I am
providing free legal services to the party. The party's Affidavit showing inability to pay
the costs of litigation is attached hereto.
Respectfully Submitted
TURO LAW OFFICES
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KIMBERLY MYERS
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. l'> /- JDS'(., Ci.;J--;;:u...."
vi.
ROBERT F. ERFORD, SR.
:CUSTODY
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am the Plaintiff in the above matter and because of my financial condition
am unable to pay the fees and costs of prosecuting, defending or appealing the action
or proceeding.
2. I am unable to obtain funds from anyone, including my family and
associates, to pay the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees
and costs is true and correct.
a. Name: Kimberlv Mvers
b. Address: 98 Fairview Street. Lot 11
Carlisle. PA 17013
Social Security Number: 202-42-6836
c. If you are presently employed, state
Employer:
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment:
Salary or wages per month:
Type of work:
"
.
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,
,
d. Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social Security benefits:
Support payments: $43.00 oer month
Disability payments: $501.00 disabilitv (Kim)
,Unemployment compensation and
Supplemental benefits: ,$118.00 weeklv (Glenn)
Workman's compensation:
Public Assistance:
Other:
e. Other contributions to household support
Wife/Husband Name:
If your Husband/Wife is employed, state:
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
f. Property owned
Cash:
Checking Account: $17.00
Savings Account:
Certificates of Deposit:
Real Estate (including home):
Motor vehicle: MakeFirebird Year1984
Cost$1 00.00 Amou nt owed
Stocks; bonds:
Other:
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g. Debts and obligations
Mortgage:
Rent: $425.00
Loans:
Monthly Expenses: $967.00
h. Persons dependent upon you for support
Wife/Husband Name: Glenn H. Mvers. III
Children, if any:
Name: Joshua Erford Age:13
Name: Karnsa Tavlor Age:14
Name: Austin Mvers Age:7 mths
4. understand that I have a continuing obligation to inform the Court of
improvement in my financial circumstances which would permit me to pay the costs
incurred herein.
5. I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
94904, relating to unsworn falsification to authorities.
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KIMBERLY MYERS
PLAINTIFF
V.
ROBERTF. ERFORD, SR.
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
01-1086 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, February 27, 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, March 27, 2001 at 11:00 a.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five Or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By; Isl
Melissa P. Greevy. Es'q.
Custody Conciliator 1\":;'
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 anangements
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
HA VB 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
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KIMBERLY MYERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1086
vs.
ROBERT F. ERFORD, SR.,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this II tt day of April, 2001, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Legal Custody. The parties, Kimberly Myers and Robert F. Erford, Sr., shall have
shared legal custody of the minor Child, Joshua Alan Erford, born February 1, 1998. 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 his 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 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.
2. Physical Custody. The Mother, Kimberly Myers, shall have primary physical
custody of the minor Child. The Father, Robert F. Erford, Sr., shall have partial custody
arranged as follows:
A. On March 31,2001, from 2:15 p.m. until April 1, 2001, at 11 :30 p.m.
B. To commence April 13, 2001, on alternate weekends from Saturday at
9:00 a.m. until Sunday at 8:30 p.m. In the event that the Father is
required to work during his weekend of custody, Father's custodial time
shall be from 2:15 p.m. after work on Saturday until Sunday at 8:30 p.m.
C. Father shall enjoy additional periods of custody during the summer from
Mondays at 10:30 p.m. until Wednesdays at Noon each week. This shall
commence the first Monday evening following the completion of school for
the 2000-2001 school year.
3. Summer Vacation. Each party shall be entitled to up to seven continuous days of
uninterrupted custody for the purpose of summer vacation. Each party shall provide to the
other at least a thirty-day notice of their intended vacation schedule. In the event that the
parties have scheduled conflicting or overlapping vacations, the party first providing the other
with written notice shall have the choice of vacation week. Vacation weeks shall begin with
the vacationing parent's custodial weekend.
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No. 01-1086
4. Holidays.
A. Christmas. The parties shall share Christmas on an NB schedule.
Segment A shall be from December 24th at Noon until December 25th at
Noon. Segment B shall be from December 25th at Noon until December
26th at Noon. 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.
B. Thanksgiving. The Thanksgiving holiday shall be shared on an NB
schedule. Segment A shall be from 9:00 a.m. until 3:00 p.m.
Thanksgiving Day. Segment B shall be from 3:00 p.m. until 9:00 p.m.
Thanksgiving Day. In odd-numbered years, Mother shall have Segment A
and Father shall have Segment B. In even-numbered years, Father shall
have Segment A and Mother shall have Segment B.
C. Other Holidays. Mother shall have New Year's Eve and Father shall have
New Year's Day each year. Mother's Day shall be with Mother and
Father's Day shall be with Father. In odd-numbered years, Father shall
have Easter and Independence Day and Mother shall have Memorial Day
and Labor Day. In even-numbered years, Mother shall have Easter and
Independence Day and Father shall have Memorial Day and Labor Day.
5. This Order is temporary in nature and may be modified by express mutual
agreement of the parties.
BY THE COURT,
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Dis!: Robert J. Mulderig, Esquire, 28 S, Pitt Street, Carlisle, PA 17013 ~
Robert F. Erford, Sr., 42 W. Main Street. Apt. 2, Mechanicsburg, PA 17055 0
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KIMBERLY MYERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1086
vs.
ROBERT F. ERFORD, SR.,
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 Child who is the subject of this litigation is
as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Joshua Alan Erford
February 1, 1998
Mother
2. A Custody Conciliation Conference was held on March 27, 2001, with the following
individuals in attendance: the Mother, Kimberly Myers, and her counsel, Robert J. Mulderig,
Esquire; the Father, Robert F. Erford, Sr., Pro Se.
3. The parties reached an agreement in the form
'"
Melissa Peel Greevy, Esquire
Custody Conciliator
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