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HomeMy WebLinkAbout01-04450APR 3 0 2004 ~ ~7 SCOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, Defendant BAYLEY. J. --- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT i{ day of Agri 2004, upon consideration of the attached AND NOW, this ~ 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. Lecaal 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 23 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 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. Physical Custodv. A. Mother shall have custody each Tuesday 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. Each parent will assure that the children are not exposed to second-hand smoke. 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 Exchanges. 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 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 for Christmas each year from December 24 ' at 3:00 p.m. until December 24~h 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 25t" 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 B and Father shall have Segment A. NO. 01-4450 CIVIL TERM D. Thankscaiving. 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 8:00 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. Vacati n. 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 June 17, 2004, at 10:30 a.m., at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. 14. A hearing on Father's Petition is scheduled 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 to 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. BY Edgar B. Bayley, J. Dist: Joanne H. Clough, Esquire, 2331 Market Street, Camp Hill, PA 17011 ~~~n~~ 6, y_ py Jerry A. Philpott, Esquire, 227 N. High Street, P. O. Box 116, Duncannon, PA 17020 ~~ mjLQ'""'`' a r~ 1~~~~ }'r ~}~rr'?~~~1~~~n~~rl ~' ~ ~~J h011t dti~~Gl~1Q~?,~©~i~i a~ . ~J~~-Q37i~ ~ ~0 SGOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL TERM CIVIL ACTION -LAW 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 October 11, 1997 Father Bailey A. Myers April 18, 2000 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 two 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 agreement 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 Bayley. Date Melissa Peel Greevy, squire Custody Conciliator :224833.2 SCOTT A. MYERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :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. By the B. Bayley, J. Max J. Smith, Jr., Esquire For Plaintiff Joan Carey, Esquire Legal Services Judge Guido ,z.:~.~- c.,~; :~.li,t.ca ~vw c.Q.u( 3 - 0 3- Ct3 / L~ . :sal ~L~~~`11n~NN~ut ~/1~!`Jit7hSRN~d ,~ ,.._ ; i,, CEP ~. 0 2D0~~ SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JENNIFER H. MYERS, Defendant NO. 01-4450 CIVIL ACTION -LAW CUSTODY ORDER OF COURT AND NOW, this ~ ( day of September, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal 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 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 Custodv. 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. ,A 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. 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 ~~~' ~ TRUE COPY FROM RE~~RDand In Testimony whereof, I here unto set my and the seal of said Court.at Carlisle, Pa. ........ This .................. day o ......................, ......................... ............................................Prothonotary :,~. ~» 4„ ~IOV~~~~J"Ii~'~ ~~~~~ ~ir°~fty..tMl~~fl'J s,rr(i i~a. ~Ji~. ., ~ , -, ~,~ ~~ M SCOTT A. MYERS, vs. JENNIFER H. MYERS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 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 October 11, 1997 Father Bailey A. Myers April 18, 2000 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 Custody Conciliator Esquire SCOTT A. MYERS EV THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER H. MYERS • 01-4450 CIVIL ACTION LAW DEFENDANT 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 1'7011 on Tuesday, September 04, 2001 at 12:30 P.M for aPre-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. Greev~. Es,~.r,/~/ 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 s~a~ai, SCOTT A. MYERS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2001-.~ly50 CIVIL TERM JENNIFER H. MYERS, :CIVIL ACTION -LAW Defendant :CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby duected that the parties and their respective counsel appear before ,the Conciliator, on the day of , 2001 at _.m. at Pennsylvania, for aPre-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 SCOTT A. MYERS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2001- 5'YSD CIVIL TERM JENNIFER H. MYERS, :CIVIL ACTION -LAW Defendant :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. SMTI'H, 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 Road, 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 BAII.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. 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 BAILEY A. MYERS, be placed with Plaintiff. DATE: July 21 , 2001 MAX J. SMITH, JR.~ Attorney for Plaintiff I.D. No. 32114 JAMES, SMITH, DURKIN 8c CONNELLY TID P.O. Box 650 Hershey, PA 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. ~,e,o~~ u~ 6s~~~~ SCOTT A. MYERS SCOTT A. MYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-4450 CIVIL ACTION LAW JENNIFER H. MYERS IN CUSTODY DEPENDANT 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 P. Greevy, Esq. ,the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, April 14, 2003 at 11:00 AM for aPre-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 nan•ow 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 alt 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 Greev~, Es_ ~_v 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 an-angements 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 s~~r~ ~. ~~~ ~"~ ~n~dn~,~s~vra~a ~~ ~~ ~`~€i vii i n~ ~ Zif 6`i tie.. ::l~l:d:,'~Gr i'~ 1i:3 ~~..~~- E'C18~ ~ ~p B~-~ .,. _ ~ ~.. xwr~ r ;?.3~R€fck;~3'~afk'~+^FS-t:3E.~~S '. '3 SCOTT A. MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4450 CIVIL TERM JENNIFER H. MYERS, :CIVIL ACTION -LAW Defendant/Respondent :CUSTODY ORDER OF COURT AND NOW, upon consideration of the 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 aPre-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. For the Court, Date of Order: Bv: 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 SCOTT A. MYERS, Plaintiff/Plaintiff vs. JENNIFER H. MYERS, DefendantJRespondent 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-4450 CIVIL TERM 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: 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 aze 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.) 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 Edwazd E. Guido awazding 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 custody 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 Poplaz 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 Poplaz 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 Oder. 11. Petitioner has not participated as a parry, 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 2~ , 2003 MAX J. SMITH, JR., F~quire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLr P.O. Box 650 Hershey, PA 17033 (717)533-3280 1 verify that the statements made in this Petition are true and correct. I uriderstand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~~~ SC~ A. MYERS SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JENNIFER H. MYERS, Defendant NO. 01-4450 CIVIL ACTION -LAW CUSTODY ORDER OF COURT AND NOW, this ~_ 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, -S 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 In Testimony whet of, !here unto set my hand an~e seal of sa' Curt ~rl~isl~, Pa. OM .. ~~ SCOTT A. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4450 JENNIFER H. MYERS, CIVIL ACTION -LAW Defendant 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 October 11, 1997 Father Bailey A. Myers April 18, 2000 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 Melissa Peel Greevy, Esquire Custody Conciliator SCOTT A. MYERS, IN THE COURT O~ COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER M, MYERS, ; DEFENDANT 01-4A~50 CIVIL, TERM ORDER 01= COURT AND NOW, thisday of February, 2003, them being an outstanding custody order of September 11, 2001, that has not been vacated, IT•IS ORDERED that Jennifer H. Myers immediately return Tristan N. Myers and Bailey A. Myers to the primary physical custody of the father Scott A. Myers pending any further order of this court. By the Ed®ar ~'BaFJfe~, J. Max J, Smith, Jr., Esquire For Plaintiff Jennifer H. Myers 338 1 B4h Street New Cumberland, PA 17070 :sal SCOTT A. MYERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER H. MYERS, DEFENDANT 01-4450 CIVIL TERM ORDER OF COURT AND NOW, thisday 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 earlierthat 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. By the Edgar B. Bayley, J. Max J. Smith, Jr., Esquire For Plaintiff Joan Carey, Esquire Legal Services Judge Guido sal _.. , SCOTT A. MYERS, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.OI-4450 CIVII, TERM JENNIFER H. MYERS, :CIVIL ACTION -LAW Defendant/Respondent :CUSTODY CERTIFICATE OF SERVICE AND NOW, this 2. day of March, 2003, I, MAX J. SMITH, JR., Esquire, Attorney for Petitiorier, 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, PA 17013 ~~ MAX J. SMITH, ., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly t,rr P.O. Box 650 Hershey, PA 17033 (717)533-3280 ~ ~. ~' ,~ \O t ~' i ~.'~ VN~ O _ i r [~[qq~~ i l `^ \`n} n " .~..~ y~' (.3 G ~a , ~; r~ 1 ~_ ~a ~ ~ ~= ~ _,. -+-, :? riY` 1 APR 1 6 2003 `~ SCOTT A. MYERS, Plaintiff v. JENNIFER li. MYERS, Defendant Bayley, J. -- TEMPORARY ORDER OF COURT IN CUSTODY AND NOW, this 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. Legal Custodv. 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. §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. 3. Physical Custodv. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.01-4450 CIVIL TERM CIVIL ACTION -LAW 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. a ~„ s t~~~~r~~„~~~ ~~~~ ;i~~ ;~ s~ ~ f itil`s ~;t~ i. ;,a` ,,.:. _S3R#?~'t~fi5 H V~c'v'N 4 . ~~~fl5~~4"~4T5~4~IN1~}~Ih1~AUR2~°ft sS?0~frf~F~3 N0.01-4450 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 supstances, 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. 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. 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 Conferences 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. BY E COURT• Edgar B. Bayley, J. __ Dist: Jarad W. Handelman, Esquire, 134 Sipe Avenue, Hummelstown, PA 17036 Margaret Simok, Esquire, Mid Penn Legal Services, 3540 N. Progress Avenue, Harrisburg, PA } Cep c.~a m^~--~.- The Honorable Edward E. Guido, C.C.C., One Courthouse Square, Carlisle, PA 1701-3387 ' h~-d/-a3 /"ti .~ SCOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL TERM CIVIL ACTION -LAW 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 October 11, 1997 Mother Bailey A. Myers April 18, 2000 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 relinquish jurisdiction leaving this Order in place. D to :211987 Melissa Peel Greevy, Custody Conciliator :: ~. _. ,. • JUN 1 3 2003 N SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL TERM v. JENNIFER H. MYERS, Defendant CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ ~ 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 17, 2003, docketed to No. 03-865. This order also vacates the prior Custodial Order of September 11, 2001 and April 17, 2003. 2. Legal 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 childreri'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 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. 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 (11. 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 in 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 custody from Wednesday morning through Thursday at 7:00 p.m. 4. Custodial Exchanges. All the custody exchanges where the children are transferred to the custody of Mother will occur 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 for the children before contacting third-party caregivers. 8. Holidays 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 for Christmas each year from December 24~ at 3:00 p.m. until December 24~h 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 B and Father shall have Segment A. N0. 01-4450 CIVIL TERM D. Thankscaivina. 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 thinly (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 paren Dist: Jared W. Handelman, Esquire, 134 Sipe Avenue, nummeisrown, rH _~ iusti Joan Carey, Esquire, MidPenn Legal Services, 8 Irvine Row, Carlisle, PA 17013 .~~ n.~,,,,,.,2cd G - ~ 7' b.3 ~- ~~ = ~- ~= = ~ L_ : tiT -. _ ` ~ i 'J _ y'_ ~ (Yt~ t,, ~ Ch a ~ ~ _ _ ` _ fpxx ._r..e: ?;:~g^;' x ,~r:k.:~!i.?PwtikA,zt~Y~i l^.M`.-3'~~FJ~?j?- ,2 SCOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.01-4450 CIVIL TERM CIVIL ACTION -LAW 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 October 11, 1997 Mother and Father Bailey A. Myers April 18, 2000 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. pate Me issa Peel Greevy, Esquire Custody Conciliator :214567 SCOTT A. MYERS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSXLVANIA vs. NO.Ol-4450 CTVII. TERM JENNIFER H. MYERS, CTV1L ACTION -LAW Defendant :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, PA 17025 Mailing and return receipt cards attached hereto. MAX J. SMITH, R ,Esquire I.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY ur P.O. Box 650 Hershey, PA 17033 (717)533-3280 .. p [`- Postage $ ~ n Q' ~ Certifletl Fee a •`%. ,. p R ~trierk _ , ~ Return Receipt Fea (EnaorsementRequired) i SC ~ n , ~~;v . t. ~ Pzstrbted Delivery Fee p (Endorsement Required) 3 ,~ Q ; p Totel floatage a Fees $ `l , 3~ rv .d Sen[To ra . p . ._ Sfree( . No.: dWPO BOx NO. V ----_ __.__ p ~ __... _..... ______________ ~ ~ ~,~ p City, Stale, ZlP+4 ............_ ............. ......____..______._. _...... r~~as ^ Compleffi= _-!F;'~;~~ ~oasrnplate item 4 if Restricted pelivery is desired. ^ Print your name and address on the reverse so thal 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 Yp: ~~~ ~ ~ ~ ,~ ~,,©~, Q~ i~~5 C. Signature X n„ ,~ ~- y ^ , ~` ~ „, _ _ ^ Agent D. Is ivory address d~tFerent from Item t? ^ Yes It YES, enter delivery address below: ^ No 3. Service Type Certified Mail ^ Express Meil ^ Registered ^ Return Receipt for Memhandise ^ Insuretl Mail ^ C.O.D, 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (Gaey Irom service lapel. "1~OD',tl~;,°lips~IliP','~~ ~N-"lp, PS-Form 3811,.Jyly f9gg- Domestic Return Receipt ~ 102595-00-M-0952 P q I- ~ ~ ~~ °1 - ~J' ~ ~ ' .' i ~ i L._ .. `~T `~ k$[Yf~dF+3P. ,.HKft9. A~1~iF~ r~N. .. K~"$1+, SCOTT A. MYERS, Plaintiff/Petitioner v. JENNIFER H. MYERS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Y~~ NO.OI- CIVIL ACTION -LAW 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: 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 16s' 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. 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. 4 _. , ~_~ 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). 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, Plainfiff 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. Plaintiff has 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 Plaintiffls 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. Respectfully submitted, DATE: February 24, 2003 MAX J. MITH, JR., squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly ue 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 aze made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. SCOTT MYERS ~~ ~ ~ ~~ ~~:~ 6' SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JENNIFER H. MYERS, Defendant NO. 01-4450 CIVIL ACTION -LAW : CUSTODY ORDER OF COURT AND NOW, this -J-day of September, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1, Legal 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 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, -s 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 TRUE C~F~' ~S~OA,'~ ~"°'"~® In Testimony whir'of, !here unto set my hand and ape seal of sa~ Cqurt ~gariisl~, Pa, SCOTT A. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4450 JENNIFER H. MYERS, CIVIL ACTION -LAW Defendant : 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 October 11, 1997 Father Bailey A. Myers April 18, 2000 Father 2. A Custody Conciliation Conference was heid 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. D Date Melissa Peel Greevy, Esquire Custody Conciliator t_J t ~r ff~~ ~_ ~3 r~ T - -~ (• r~ Z } ^l ~ W ~ W ~t7 _ - `rl _ ~, /~ J~ 0} " ' i _a. 'l ,{ x ~~ c ` ,mow rv .. _... .. .. B3i+Af~r~ldPlYAPM~'4"?:k3'P'l~ECS fvpPN :dxp{rvp0.!~iiti~Y'0.~8[!gYeilA ,. SCOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, Defendant r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 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 Respectfully submitted, JAMES SMITH DURKIN & CONNELLY, LLP DATE: ~ _ ~ ~ ®~ JARED HANDELMAN, ESQUIRE AttorneyLD.No. R~~q 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 actron. DATE: '~' ~Z ~~ -( Respectfully submitted, REAGER~& ADLER, PC ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 (717)763-1383 .~ ~~ ~~ ~, _ .~. : ~T' r_ ~ ~= _ ~:, ~ ~~ -T-,-, = CJ "t <~t ,. ~ <~:. _. r SCOTT A. MYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 01-4450 CIVIL ACTION LAW JENNIFER H. MYERS IN CUSTODY DEFENDANT 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. ,the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, February 16, 2004 at 9:30 AM for aPre-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. t' 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 facilifies 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 1.7013 Telephone (717)249-3166 -_.~, . i j ~, ~ .~, ~; ~. :~~ i~ ~~ : y t ~~`! `~+'~ i`''i J ~ll.f~7 t~ :;Yi i.i' ~UC ;i i~ ~~.' J, ~ i rl~;l J ho, ~~°-i ~~- ~~. i ~~ ~~.~ ~` ~ SCOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, befendant AND NOW, this day of 2004, upon review of Petitioner Scott Myers' Petition For Modification of Custody, it is hereby ORDERED and DECREED that a Hearing shall be held on the day of , 2004, in Courtroom No. at the Cumberland County Courthouse. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4450 ~~~~~ ~Q~~ CIVIL ACTION -LAW IN CUSTODY ORDER BY THE COURT: J. SCOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, this 13t° 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: 1. 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 11, 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." The parties subsequently reconciled and separated again in late February of 2003. A Custody Order was entered on April 17, 2003. Said Order provides that the parties have equal shared physical and shared legal custody of the 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; 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 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 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 Petitioner/Father 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 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 Attorne~T_.J6. No.: 36461 2331 Market Street Camp Hill, PA 17011 (717)763-1383 Attorneys for Defendant 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. §4904, relating to unsworn falsification to authorities. Date: ~~ 7 ~ ~~ .Y~ SCOTT A. MYERS s 4 ~ ~ 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: ~ " ~ ~ i ~ ~I _,~. , . . ~ ~. 1 '~l '~ (~ \lJ ~ > ~, - ~, ~ <, ,- cn ~„ ~, ,~ ri=i -~; rn ~L~ ~ia L' -.. ~ c~ ~:~n .. r -_, -G ~~ 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 AND NOW, this 9~ 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 By the Court, ~ ~~ Edgar B. Bayley, J. lea .~rv+-a-c.~, 2 io ~? `f ~~,.-. . ,~~~n~,~ ~. ~ `v ~z :~ ~~ 4 ~ \ 7 w~ ~ Y1V ~' r ' _ ] ~ . : ` ~ ~ y r Q ~ ~~ V ~~ Y" ........ SCOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4450 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: 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, bom 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%) of the 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. ~.~ ,. . 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 1:30 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 RespondentrMother Jennifer Myers, and grant any further relief this Court deems appropriate. Respectfully Submitted, REAGE$q& ADLER, P.C. Attorney I.D. No.: 36461 2331 Market Street Camp Hill, PA 17011 (717)763-1383 Attorneys for Defendant 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. §4904, relating to unsworn falsification to authorities. Date: ~. ~ 7 ~- ~~ RY4r~ ~ 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: Jessica Diamondstone, Esquire 8 Irvine Row Carlisle, PA 17013 Dated: 2 ^ / y ~ --~/7' ~ `r ~ 6 +...,, ~+ _ "'e -.J o ~ 9J f, \,~ ~- ~~~ , '° ~ .. ~ f ` ~ , .~;4. Yr.; : ~ cn ~ ~{cs t={=' , r..( ~~? ~ n c~~" y ~ ~ ~; _ -~, s..~ e3s " ''' MAR 1 1 2004 SCOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, Defendant BAYLEY, J. --- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.01-4450 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ ~~ day of March, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Order VACATES all prior Orders of Court in the above captioned matter. 2. Leoal Custody: 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 jpintly 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. §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 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. Physical Custodv. 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. Each parent will assure that the children are not exposed to second hand smoke. 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. r . NO. 01-4450 CIVIL TERM 7. Custodial Exchanoes. 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 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 for Christmas each year from December 24~at 3:00 p.m. until December 24~h 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 B and Father shall have Segment A. D. Thanksgivina. 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. N0.01-4450 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 T COU ~~:~/~ ~. ~ Gv, Edgar B. Bayley, J. Dist; Joanne H. Clough, Esquire, 2331 Market Street, Camp Hill, PA 17011 _ ~ _ p ~ ~a ,(~ y' Jessica Diamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013 iY~'~"^-`°°` ~: ~F- I. ,I ~~; ~ I,S`JN- ,' ri Iw~J ... .. ~..-_~~i i'~i(1~ i E Z~ h~";~ I i ~4'~ h~Ol =~~~'k'iC~~~~c~~a~d ~~l do :.,,. SCOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.01-4450 CIVIL TERM CIVIL ACTION -LAW 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Tristan M. Myers October 11; 1997 Mother and Father Bailey A. Myers April 18, 2000 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 Order as ttached. ~ Flo Date Melissa Peel Greevy, Esq ire Custody Conciliator :224833 SCOTT A. MYERS, Plaintiff vs. JENMFER H. MYERS, Defendant ,, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.01-4450 CIVIL TERM 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: % ~ oC - L"Z~_ Jessica Diamondstone MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 x14 PRAECIPE TO ENTRY APPEARANCE To the Prothonotary: Please enter the appearance of Jerry Philpott, Esqui , on beh f of Jennifer H. Myers, the Defendant in the above-captioned matter. Date: ,S Je P. .Box 116 ncannon, PA 1702 „~ .~ ~ ~ ~ r ~ ~'31 ~^ Z 7' ~7 ~ ~ r{.7 ~~' ~ ~~ ~ ~ C3'~ . ~s~ _. T3SeR3~?L~i'APFP~A'+%)IY=,~,~,h„ SCOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 CIVIL ACTION -LAW IN CUSTODY CUSTODY TRIAL MEMORANDUM OF PLAINTIFF SCOTT A. MYERS AND NOW, this 14`h day of June, 2004, comes Plaintiff Scott A. Myers, by and through his attorney, Joanne Harrison Clough, Esquire, of Reager & Adler, PC, and respectfully files this Custody Trial Memorandum: FATHER'S POSITION ON CUSTODY Scott A. Myers resides at 105 Poplar Street, Summersdale, Cumberland County, Pennsylvania. He is the natural father of Tristan Myers, age 6, born October 11, 1997, and Bailey Myers, age 4, born on April 18, 2000. Scott and Jennifer Myers were married on May 18, 1996 and first separated in January of 2001. hi 2001, when the parties initially separated, a Custody Order was issued on September 11, 2001, granting Father primary physical custody of the minor children. He had primary physical custody of the children untl the parties subsequently reconciled. The parties again separated, for the final time, in late February of 2003. A Custody Order was entered on April 17, 2003, providing that the parties have equal shared physical and shared legal custody of the children. The parties' divorce was finalized on December 16, 2003. Since the parties' fmal separation and subsequent divorce, Jennifer Myers has resided at numerous addresses. At the time of filing of the Petition For Modification of Custody, Jennifer Myers was residing with her mother at 26 Sharon Road, Enola, Cumberland County, Pennsylvania, 17025. Due to a dispute between Jennifer Myers and her mother, she vacated her ~_ ~~ mother's premises and moved into a male friend's one-bedroom apartment, located in Enola, Pennsylvania. Under the current physical custody schedule, Father has de factor primary physical custody of the children. Father filed a Petition for Modification of Custody and a Conciliation Conference was held on February 17, 2004. At the first Custody Conciliation Conference, the parties agreed to a revised physical custody schedule, signed separately, where the children reside primarily with Father and stay with Mother every other weekend and visit her Tuesday and Thursday evenings, although the language of the Order still refers to a shared physical custody schedule. See Exhibit "A" attached hereto. Father believes a shared physical custody schedule is no longer in the best interest and permanent welfare of the minor children because he is better able to meet the day-to-day needs of the children and because Defendant/Mothercontimses to promote her self-interests above the best interests and permanent welfare of Tristan and Bailey Myers. Since the birth of the children, Father has provided more of the primary caretaking responsibilities for the children, including attending to their medical needs and day-to-day care. Defendant/Mother has repeatedly placed her personal life and social activities above the best interest and permanent welfare of her children, and she continues to ignore the effects her personal life and social activities have on the physical and emotional health of her children. Mother and her male roommate, whom she claims is not a boyfriend but "just a friend," reside in a small one-bedroom apartment in Enola. From January 2004 until May of 2004, Mother was having the children sleep on a sofa cushion and mattress on the floor in the one bedroom during her periods of physical custody. Mother allegedly sleeps on a couch and her male roommate on the floor of the living room. Both Mother and her male companion smoke constantly and have refused to stop smoking in the one-bedroom apartment in direct violation of the Modified Custody Order that was entered after the parties' first Custody Conciliation Conference. The minor child, Bailey Myers, has asthma and numerous allergies which require him to use a nebulizer and an asthma inhaler regularly. Since Mother has relocated to the small one-bedroom apartment with her male companion, the children have been constantly exposed to first- and second-hand smoke to their physical detriment. Despite Mother being provided with doctor's instructions that the children are not to be exposed directly or indirectly to smoke, she continues to expose the children to smoke. At the second Custody Conciliation Conference, Mother advised the Custody Conciliator that the children get sick anyway so it does not matter that they continue to be exposed to smoke and Mother felt that if does not matter that she and her male companion continue to smoke in the one-bedroom apartment. On several occasions during the last one and one-half (1 ''/z) months, Mother has failed to give the children prescribed medications and, on one occasion, returned the asthma inhaler empty when it should have been returned with nine (9) additional doses. Father is very concerned that Mother is, on some occasions, not medicating the children and ,on other occasions, over-medicating the children because of the breathing reactions they have when exposed to the smoke conditions at her small apartment. Mother has also failed to retrieve the children's medications at daycare prior to her weekend of physical custody resulting in the children failing to receive prescribed medications. Bailey and Tristan Myers have been in therapy with Jamie Oris at Guidance Associates of Pennsylvania to deal with numerous emotional issues. The older child, Tristan, has repeatedly expressed concern over his Mother's drinking, lying to him, and other issues that have caused him emotional upset. In recent weeks, the minor child, Bailey, has been acting up at his daycare to such a level that Kindercare has placed Father on notice that if further incidents occur, the child will not be permitted to return to the daycare. Father received the marital residence upon divorce and is able to provide a stable and loving home environment for the children where they are not exposed to any primary or secondary smoke. Father consistently takes the children to their doctor and therapist and ensures that the children are given their proper medication in the dosages as directed by their medical prescriptions. Mother has repeatedly demonstrated an unwillingness to abide by the Modified Custody Orders entered on March 11, 2004 and May 4, 2004, where she was specifically directed not to expose the children to smoking. As a result of Mother's failure to abide by the Court Order, the children have had increased medical problems directly related to the times they have spent in Mother's physical care and custody. Mother has missed numerous therapy and medical appointments of the children. lI. MOTHER'S POSITION ON CUSTODY Mother claims that the children are not harmed by being exposed to smoking. Mother claims that the younger child inadvertently got into the asthma medication and spilled it; she claims that is the reason the child's asthma inhaler was returned to the Father empty, when it should have containned 9 remaining doses. Mother disagrees that the younger child's increased medical problems, all related to his asthma and breathing, are caused by his direct exposure and second-hand exposure to cigarette smoke while in her care and custody, despite the fact that she has had to telephone Father during her periods of custody and request him to bring the nebulizer to her immediately so she can give the child breathing treatments due to breathing difficulties he has developed while in her custody and control. Mother believes it is appropriate for the children to spend fifty percent (50%) of their physical custody time with her in the one-bedroom apartment she elected to move into with a male companion since she and her mother had a falling-out in January of 2004. Mother failed to abide by the Custody Conciliator's specific direction that she was to obtain beds for the children at the conclusion of the first Custody Conciliation and, in fact, had not obtained beds for the children at the conclusion of the second Custody Conciliation Conference held on April 13, 2004. In fact, beds were not purchased for the children until May 11, 2004, in anticipation of the Custody Trial. Mother claims she is just as able to care for and provide for the children, despite the fact that she has missed most of the children's therapy sessions that she was directed to attend at Guidance Associates of Pennsylvania and failed to take any action whatsoever to reschedule those appointments. Mother denies she has any alcohol problem, but has failed to produce a current drug and alcohol evaluation, as requested by the Custody Conciliator. Mother desires to continue to have fifty percent (50%) shared physical custody of the children. Mother advised Father and the Custody Conciliator that she has no plans to move to a larger apartment and believes it is appropriate for she and the two minor children to reside in the one-bedroom apartment with her male companion. Mother claims that the marital residence previously had a mold problem in the basement and claims this is the reason the children suffer from breathing problems. Mother claims it is her mother's fault that the children did not have beds for five (5) months because she claims her mother initially advised her she could take the beds when she moved from her mother's residence but that her mother later refused to give her the beds. Mother's live-in male companion allegedly moved out recently. Mother was recently terminated from her part-time employment at UniMart. She was denied unemployment benefits due to the circumstances of her termination. III. WITNESSES Father intends to present the following witnesses at trial: Scott Mvers: self ,.,~ Father will testify to his role as the primary caretaker of the children from birth to the present time. He will further indicate that he has continued to be the primary caretaker of the children despite the fact that the parties have shared equal physical custody for a significant period of time. Father is the parent who takes the children to the doctor and counselor on most occasions and sees to their medical and emotional needs. Father will also testify to Mother's repeated problems with alcohol use and his concerns with Mother's absolute refusal to restrict the children's access to cigarette smoke, despite the fact that the parties' minor child, Bailey, has asthma, needs a nebulizer and an inhaler due to his breathing difficulties, which are exacerbated by first- and second-hand exposure to cigarette smoke. Father will produce information provided to him by the minor children's treating physician that they are not to be directly exposed to cigarette smoke or second-hand smoke. Father will testify to Mother's absolute refusal to abide by these instructions from the physician. Father will testify to his observations of the emotional problems which the children are suffering as they relate to their contact with their Mother. Father will testify to his ability to provide for the day-to-day needs of the children, his residence, and his home life with the children. Father will testify to the fact that he is better able to provide for the day-to-day needs of the children and to insure their best interests and permanent welfare, as opposed to the care provided by Mother. Father will also testify that Mother frequently forgets doctor appointments and other information regarding the children. Father will testify that Mother forgets to take the children's presecription medications with her when she picks the children up at daycare. 2. Jennifer Myers: as on cross-examination. Jennifer Myers will confirm that she had afalling-out with her Mother in January of 2004, after Father filed a Petition For Modification of Custody, and the falling-out was so significant that Mother moved from her mother's residence. Jennifer Myers will confirm that she moved into a small one-bedroom apartment with a male companion and made no provisions whatsoever for her children to have beds to sleep in for a period of five (5) months, despite the fact that she had fifty percent (50%) of physical custodial time with the children. Jennifer Myers will also confirm that, as of the date of the second Custody Conciliation Conference, she had failed to complete the steps necessary to clean the apartment completely and rid it from second- hand smoke and admitted that she and her male companion still smoke in the apartment and in the presence of the minor children. Jennifer Myers will confirm that she did not attend numerous counseling sessions that were scheduled at Guidance Associates of Pennsylvania for the children and that she failed to contact Guidance Associates of Pennsylvania to reschedule those appointments until after she was directed to do so by her counsel at the conclusion of the second Custody Conciliation Conference. Mother will testify to the issue of her alcohol abuse and it is anticipated that she will claim that she does not drink, but, when pressed, will admit that she does in fact drink, and that her use of alcohol has been an issue with the children, and will acknowledge that her son, Tristan, has sent her a letter via his counselor regarding his concern about his Mother lying to him and her use of alcohol. 3. Wendy A1briQht: neighbor She will testify to her observation of Father with the children. She will testify to Father's parenting skills and the condition of the children while in his care. 4. Kathv Myers: paternal grandmother of the children She will testify that she sees her son, the Father, with the children frequently. She will testify to Father's parenting skills and the condition of the children while in Father's custody. She will testify to Father's caretaker role with the children. S. Jamie Oris: counselor She will testify regarding the children's issues that have surfaced in counseling. N. ESTIMATED LENGTH OF HEARING It is anticipated that this hearing will last four (4) to six (6) hours. V. FATHER'S PROPOSED RESOLUTION Father requests that the parties continue to share legal custody of the minor children, Tristan and Bailey. Father requests that he be awarded primary physical custody of the children and that Mother be granted partial physical custody every other weekend from Friday through Sunday and one evening per week from 4:30 p.m. to 7:30 p.m., provided Mother assures the Court that she will not expose the children to smoke or to second-hand smoke during her periods of partial physical custody. Father further requests that he and Mother be directed to continue with the counseling at Guidance Associates of Pennsylvania, as it relates to co-parenting issues regarding the health, safety, and welfare of the minor children. Father proposes the parties continue to share or alternate holidays as they have in the past and further requests that each parent be given the right to exercise two (2) non-consecutive weeks of custody with the children for purposes of vacation. Respectfully Submitted, REAGER & ADLER, P.C. Attorney I.D. No.: 36461 2331 Market Street Camp Hill, PA 17011 (717)763-1383 Attorneys for Defendant -,~e~ 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: Jerry A. Philpott, Esquire 227 No. High Street P.O. Box 116 Duncannon, PA 17020-0116 Dated: ~ ,/ ~ ~~~ EXffiBIT "A" SCOTT A. MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.OI-4450 JENNIFER H. MYERS, :CIVIL ACTION -LAW Defendant : IN CUSTODY CUSTODY TRIAL MEMORANDUM OF PLAINTIFF SCOTT A. MYERS AND NOW, this 14a` day of June, 2004, comes Plaintiff Scott A. Myers, by and through his attorney, Joanne Hamson Clough, Esquire, of Reager & Adler, PC, and respectfully files this Custody Trial Memorandum: I. FATHER'S POSITION ON CUSTODY Scott A. Myers resides at 105 Poplar Street, Summersdale, Cumberland County, Pennsylvania. He is the natural father of Tristan Myers, age 6, born October 11, 1997, and Bailey Myers, age 4, born on April 18, 2000. Scott and Jennifer Myers were married on May 18, 1996 and first sepazated in January of 2001. hi 2001, when the parties initially separated, a Custody Order was issued on September 11, 2001, granting Father primary physical custody of the minor children. He had primary physical custody of the children untl the parties subsequently reconciled. The parties again separated, for the final time, in late February of 2003. A Custody Order was entered on April 17, 2003, providing that the parties have equal shazed physical and shared legal custody of the children. The parties' divorce was finalized on December 16, 2003. Since the parties' final separation and subsequent divorce, Jennifer Myers has resided at numerous addresses. At the time of filing of the Petition For Modification of Custody, Jennifer Myers was residing with her mother at 26 Sharon Road, Enola, Cumberland County, Pennsylvania, 17025. Due to a dispute between Jennifer Myers and her mother, she vacated her ___ __ mother's premises and moved into a male friend's one-bedroom apartment, located in Enola, Pennsylvania. Under the current physical custody schedule, Father has de factor primary physical custody of the children. Father filed a Petition for Modification of Custody and a Conciliation Conference was held on February 17, 2004. At the first Custody Conciliation Conference, the parties agreed to a revised physical custody schedule, signed separately, where the children reside primarily with Father and stay with Mother every other weekend and visit her Tuesday and Thursday evenings, although the language of the Order still refers to a shared physical custody schedule. See Exhibit "A" attached hereto. Father believes a shared physical custody schedule is no longer in the best interest and permanent welfare of the minor children because he is better able to meet the day-to-day needs of the children and because Defendant/Mother continues to promote her self-interests above the best interests and permanent welfare of Tristan and Bailey Myers. Since the birth of the children, Father has provided more of the primary caretaking responsibilities for the children, including attending to their medical needs and day-to-day care. Defendant/Mother has repeatedly placed her personal life and social activities above the best interest and permanent welfare of her children, and she continues to ignore the effects her personal life and social activities have on the physical and emotional health of her children. Mother and her male roommate, whom she claims is not a boyfriend but "just a friend," reside in a small one-bedroom apartment in Enola. From January 2004 until May of 2004, Mother was having the children sleep on a sofa cushion and mattress on the floor in the one bedroom during her periods of physical custody. Mother allegedly sleeps on a couch and her male roommate on the floor of the living room. Both Mother and her male companion smoke constantly and have refused to stop smoking in the one-bedroom apartment in direct violation of the Modified Custody Order that was entered after the parties' first Custody Conciliation Conference. The minor child, Bailey Myers, has asthma and numerous allergies which require him to use a nebulizer and an asthma inhaler regularly. Since Mother has relocated to the small one-bedroom apartment with her male companion, the children have been constantly exposed to first- and second-hand smoke to their physical detriment. Despite Mother being provided with doctor's instructions that the children are not to be exposed directly or indirectly to smoke, she continues to expose the children to smoke. At the second Custody Conciliation Conference, Mother advised the Custody Conciliator that the children get sick anyway so it does not matter that they continue to be exposed to smoke and Mother felt that if does not matter that she and her male companion continue to smoke in the one-bedroom apartment. On several occasions during the last one and one-half (1 ''/Z) months, Mother has failed to give the children prescribed medications and, on one occasion, returned the asthma inhaler empty when it should have been returned with nine (9) additional doses. Father is very concerned that Mother is, on some occasions, not medicating the children and ,on other occasions, over-medicating the children because of the breathing reactions they have when exposed to the smoke conditions at her small apartment. Mother has also failed to retrieve the children's medications at daycare prior to her weekend of physical custody resulting in the children failing to receive prescribed medications. Bailey and Tristan Myers have been in therapy with Jamie Oris at Guidance Associates of Pennsylvania to deal with numerous emotional issues. The older child, Tristan, has repeatedly expressed concern over his Mother's drinking, lying to him, and other issues that have caused him emotional upset. In recent weeks, the minor child, Bailey, has been acting up at his daycare to such a level that Kindercare has placed Father on notice that if further incidents occur, the child will not be permitted to return to the daycare. Father received the marital residence upon divorce and is able to provide a stable and loving home environment for the children where they are not exposed to any primary or secondary smoke. Father consistently takes the children to their doctor and therapist and ensures that the children are given their proper medication in the dosages as directed by their medical prescriptions. Mother has repeatedly demonstrated an unwillingness to abide by the Modified Custody Orders entered on March 11, 2004 and May 4, 2004, where she was specifically directed not to expose the children to smoking. As a result of Mother's failure to abide by the Court Order, the children have had increased medical problems directly related to the times they have spent in Mother's physical care and custody. Mother has missed numerous therapy and medical appointments of the children.. II. MOTHER'S POSITION ON CUSTODY Mother claims that the children are not harmed by being exposed to smoking. Mother claims that the younger child inadvertently got into the asthma medication and spilled it; she claims that is the reason the child's asthma inhaler was returned to the Father empty, when it should have containned 9 remaining doses. Mother disagrees that the younger child's increased medical problems, all related to his asthma and breathing, are caused by his direct exposure and second-hand exposure to cigazette smoke while in her care and custody, despite the fact that she has had to telephone Father during her periods of custody and request him to bring the nebulizer to her immediately so she can give the child breathing treatments due to breathing difficulties he has developed while in her custody and control. Mother believes it is appropriate for the children to spend fifty percent (50%) of their physical custody time with her in the one-bedroom apartment she elected to move into with a male companion since she and her mother had a falling-out in January of 2004. Mother failed to abide by the Custody Conciliator's specific direction that she was to obtain beds for the children at the conclusion of the first Custody Conciliation and, in fact, had not obtained beds for the children at the conclusion of the second Custody Conciliation Conference held on April 13, 2004. In fact, beds were not purchased for the children until May 11, 2004, in anticipation of the custody Trial. Mother claims she is just as able to caze for and provide for the children, despite the fact that she has missed most of the children's therapy sessions that she was directed to attend at Guidance Associates of Pennsylvania and failed to take any action whatsoever to reschedule those appointments. Mother denies she has any alcohol problem, but has failed to produce a current drug and alcohol evaluation, as requested by the Custody Conciliator. Mother desires to continue to have fifty percent (50%) shazed physical custody of the children. Mother advised Father and the Custody Conciliator that she has no plans to move to a larger apartment and believes it is appropriate for she and the two minor children to reside in the one-bedroom apartment with her male companion. Mother claims that the marital residence previously had a mold problem in the basement and claims this is the reason the children suffer from breathing problems. Mother claims it is her mother's fault that the children did not have beds for five (5) months because she claims her mother initially advised her she could take the beds when she moved from her mother's residence but that her mother later refused to give her the beds. Mother's live-itt male companion allegedly moved out recently. Mother was recently terminated from her part-time employment at UniMart. She was denied unemployment benefits due to the circumstances of her termination. )II. Father intends to present the following witnesses at trial: 1. Scott Myers: self Father will testify to his role as the primary caretaker of the children from birth to the present time. He will further indicate that he has continued to be the primary cazetaker of the children despite the fact that the parties have shazed equal physical custody for a significant period of time. Father is the pazent who takes the children to the doctor and counselor on most occasions and sees to their medical and emotional needs. Father will also testify to Mother's repeated problems with alcohol use and his concerns with Mother's absolute refusal to restrict the children's access to cigazette smoke, despite the fact that the parties' minor child, Bailey, has asthma, needs a nebulizer and an inhaler due to his breathing difficulties, which are exacerbated by first- and second-hand exposure to cigazette smoke. Father will produce information provided to him by the minor children's treating physician that they aze not to be directly exposed to cigarette smoke or second-hand smoke. Father will testify to Mother's absolute refusal to abide by these instructions from the physician. Father will testify to his observations of the emotional problems which the children are suffering as they relate to their contact with their Mother. Father will testify to his ability to provide for the day-to-day needs of the children, his residence, and his home life with the children. Father will testify to the fact that he is better able to provide for the day-to-day needs of the children and to insure their best interests and permanent welfare, as opposed to the care provided by Mother. Father will also testify that Mother frequently forgets doctor appointments and other information regarding the children. Father will testify that Mother forgets to take the children's presecription medications with her when she picks the children up at daycare. 2. Jennifer Mvers: as on cross-examination. Jennifer Myers will confirm that she had afalling-out with her Mother in January of 2004, after Father filed a Petition For Modification of Custody, and the falling-out was so significant that Mother moved from her mother's residence. Jennifer Myers will confirm that _~~-~,.w. -. she moved into a small one-bedroom apartment with a male companion and made no provisions whatsoever for her children to have beds to sleep in for a period of five (5) months, despite the fact that she had fifty percent (50%) of physical custodial time with the children. Jennifer Myers will also confirm that, as of the date of the second Custody Conciliation Conference, she had failed to complete the steps necessary to clean the apartment completely and rid it from second- hand smoke and admitted that she and her male companion still smoke in the apartment and in the presence of the minor children. Jennifer Myers will confirm that she did not attend numerous counseling sessions that were scheduled at Guidance Associates of Pennsylvania for the children and that she failed to contact Guidance Associates of Pennsylvania to reschedule those appointments until after she was directed to do so by her counsel at the conclusion of the second Custody Conciliation Conference. Mother will testify to the issue of her alcohol abuse and it is anticipated that she will claim that she does not drink, but, when pressed, will admit that she does in fact drink, and that her use of alcohol has been an issue with the children, and will acknowledge that her son, Tristan, has sent her a letter via his counselor regarding his concern about his Mother lying to him and her use of alcohol. 3. Wendy Albright: neighbor She will testify to her observation of Father with the children. She will testify to Father's parenting skills and the condition of the children while in his care. 4. Kathv Mvers: paternal grandmother of the children She will testify that she sees her son, the Father, with the children frequently. She will testify to Father's parenting skills and the condition of the children while in Father's custody. She will testify to Father's caretaker role with the children. 5. anise Oris: counselor She will testify regarding the children's issues that have surfaced in counseling. ~,:~s~.n N. ESTIMATED LENGTH OF HEARING It is anticipated that this hearing will last four (4) to six (6) hours. V. FATHER'S PROPOSED RESOLUTION Father requests that the parties continue to share legal custody of the minor children, Tristan and Bailey. Father requests that he be awazded primary physical custody of the children and that Mother be granted partial physical custody every other weekend from Friday through Sunday and one evening per week from 4:30 p.m. to 7:30 p.m., provided Mother assures the Court that she will not expose the children to smoke or to second-hand smoke during her periods of partial physical custody. Father further requests that he and Mother be directed to continue with the counseling at Guidance Associates of Pennsylvania, as it relates to co-parenting issues regarding the health, safety, and welfare of the minor children. Father proposes the parties continue to share or alternate holidays as they have in the past and further requests that each pazent be given the right to exercise two (2) non-consecutive weeks of custody with the children for purposes of vacation. Respectfully Submitted, REAGER & ADLER, P.C. Attorney I.D. No.: 36461 2331 Market Street Camp Hill, PA 17011 (717)763-1383 Attorneys for Defendant ,z~~.~. CERTIFICATE OF SERVICE I hereby certify that on the date seY 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: Jerry A. Philpott, Esquire 227 No. High Street P.O. Box 116 Duncannon, PA 17020-0116 Dated: ~ ~/ ~~~ ~. ~-s~~~ EXHIBIT "A" SCOTT A. MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.Ol-4450 JENNIFER H. MYERS, :CIVIL ACTION -LAW Defendant : IN CUSTODY CUSTODY TRIAL MEMORANDUM OF PLAINTIFF SCOTT A. MYERS AND NOW, this 14th day of June, 2004, comes Plaintiff Scott A. Myers, by and through his attorney, Joanne Harrison Clough, Esquire, of Reager & Adler, PC, and respectfully files this Custody Trial Memorandum: FATHER'S POSITION ON CUSTODY Scott A. Myers resides at 105 Poplar Street, Summersdale, Cumberland County, Pennsylvania. He is the natural father of Tristan Myers, age 6, born October 11, 1997, and Bailey Myers, age 4, bom on April 18, 2000. Scott and Jennifer Myers were marred on May 18, 1996 and first sepazated in January of 2001. 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. He had primary physical custody of the children untl the parties subsequently reconciled. The parties again separated, for the final time, in late February of 2003. A Custody Orde~was entered on April 17, 2003, providing that the parties have equal shazed physical and shared legal custody of the children. The parties' divorce was finalized on December 16, 2003. Since the parties' final separation and subsequent divorce, Jennifer Myers has resided at numerous addresses. At the time of filing of the Petition For Modification of Custody, Jennifer Myers was residing with her mother at 26 Shazon Road, Enola, Cumberland County, Pennsylvania, 17025. Due to a dispute between Jennifer Myers and her mother, she vacated her ,.-.fl _ __ _ _ mother's premises and moved into a male friend's one-bedroom apamnent, located in Enola, PennsylvaTUa. Under the current physical custody schedule, Father has de factor primary physical custody of the children. Father filed a Petition for Modification of Custody and a Conciliation Conference was held on February 17, 2004. At the first Custody Conciliation Conference, the parties agreed to a revised physical custody schedule, signed separately, where the children reside primarily with Father and stay with Mother every other weekend and visit her Tuesday and Thursday evenings, although the language of the Order still refers to a shared physical custody schedule. See Exhibit "A" attached hereto. Father believes a shared physical custody schedule is no longer in the best interest and permanent welfare of the minor children because he is better able to meet the day-to-day needs of the children and because DefendantlMother continues to promote her self-interests above the best interests and permanent welfare of Tristan and Bailey Myers. Since the birth of the children, Father has provided more of the primary caretaking responsibilities for the children, including attending to their medical needs and day-to-day care. Defendant/Mother has repeatedly placed her personal life and social activities above the best interest and permanent welfare of her children, and she continues to ignore the effects her personal life and social activities have on the physical and emofional health of her children. Mather and her male roommate, whom she claims is not a boyfriend but "just a friend," reside in a small one-bedroom apartment in Enola. From January 2004 until May of 2004, Mother was having the children sleep on a sofa cushion and mattress on the floor in the one bedroom during her periods of physical custody. Mother allegedly sleeps on a couch and her male roommate on the floor of the living room. Both Mother and her male companion smoke constantly and have refused to stop smoking in the one-bedroom apartment in direct violation of ___ the Modified Custody Order that was entered after the parties' first Custody Conciliation Conference. The minor child, Bailey Myers, has asthma and numerous allergies which require him to use a nebulizer and an asthma inhaler regularly. Since Mother has relocated to the small one-bedroom apartment with her male companion, the children have been constantly exposed to first- and second-hand smoke to their physical detriment. Despite Mother being provided with doctor's instructions that the children aze not to be exposed directly or indirectly to smoke, she continues to expose the children to smoke. At the second Custody Conciliation Conference, Mother advised the Custody Conciliator that the children get sick anyway so it does not matter that they continue to be exposed to smoke and Mother felt that if does not matter that she and her male companion continue to smoke in the one-bedroom apartment. On several occasions during the last one and one-half (1 ''/Z) months, Mother has failed to give the children prescribed medications and, on one occasion, returned the asthma inhaler empty when it should have been returned with nine (9) additional doses. Father is very concerned that Mother is, on some occasions, not medicating the children and ,on other occasions, over-medicating the children because of the breathing reactions they have when exposed to the smoke conditions at her small apartment. Mother has also failed to retrieve the children's medications at daycare prior to her weekend of physical custody resulting ui the children failing to receive prescribed medications. Bailey and Tristan Myers have been in therapy with Jamie Oris at Guidance Associates of Pennsylvania to deal with numerous emotional issues. The older child, Tristan, has repeatedly expressed concern over his Mother's drinking, lying to him, and other issues that have caused him emotional upset. In recent weeks, the minor child, Bailey, has been acting up at his daycaze to such a level that Kindercaze has placed Father on notice that if further incidents occur, the child will not be permitted to return to the daycare. ~,~~~~ _.. Father received the marital residence upon divorce and is able to provide a stable and loving home environrnent for the children where they are not exposed to any primary or secondary smoke. Father consistently takes the children to their doctor and therapist and ensures that the children are given their proper medication in the dosages as directed by their medical prescriptions. Mother has repeatedly demonstrated an unwillingness to abide by the Modified Custody Orders entered on Mazch 11, 2004 and May 4, 2004, where she was specifically directed not to expose the children to smoking. As a result of Mother's failure to abide by the Court Order, the children have had increased medical problems directly related to the times they have spent in Mother's physical caze and custody. Mother has missed numerous therapy and medical appointments of the children. II. MOTHER'S POSITION ON CUSTODY Mother claims that the children are not harmed by being exposed to smoking. Mother claims that the younger child inadvertently got into the asthma medication and spilled it; she claims that is the reason the child's asthma inhaler was returned to the Father empty, when it should have containned 9 remaining doses. Mother disagrees that the younger child's increased medical problems, all related to his asthma and breathing, are caused by his direct exposure and second-hand exposure to cigarette smoke while in her care and custody, despite the fact that she has had to telephone Father during her periods of custody and request him to bring the nebulizer to her immediately so she can give the child breathing treatments due to breathing difficulties he has developed while in her custody and control. Mother believes it is appropriate for the children to spend fifty percent (50%) of their physical custody time with her in the one-bedroom aparknent she elected to move into with a male companion since she and her mother had a falling-out in January of 2004. Mother failed to abide by the Custody Conciliator's specific direction that she was to obtain beds for the children at the conclusion of the first Custody ~ ~ . e.,.r _ _ _._. Conciliation and, in fact, had not obtained beds for the children at the conclusion of the second Custody Conciliation Conference held on April 13, 2004. hi fact, beds were not purchased for the children until May 11, 2004, in anticipation of the Custody Trial. Mother claims she is just as able to care for and provide for the children, despite the fact that she has missed most of the children's therapy sessions that she was directed to attend at Guidance Associates of Pennsylvania and failed to take any action whatsoever to reschedule those appointments. Mother denies she has any alcohol problem, but has failed to produce a current drug and alcohol evaluation, as requested by the Custody Conciliator. Mother desires to continue to have fifty percent (50%) shazed physical custody of the children. Mother advised Father and the Custody Conciliator that she has no plans to move to a lazger apartment and believes it is appropriate for she and the two minor children to reside in the one-bedroom apartment with her male companion. Mother claims that the marital residence previously had a mold problem in the basement and claims this is the reason the children suffer from breathing problems. Mother claims it is her mother's fault that the children did not have beds for five (5) months because she claims her mother initially advised her she could take the beds when she moved from her mother's residence but that her mother later refused to give her the beds. Mother's live-in male companion allegedly moved out recently. Mother was recently terminated from her part-time employment at UniMart. She was denied unemployment benefits due to the circumstances of her termination. III. WITNESSES Father intends to present the following witnesses at trial: 1. Scott Mvers: self Father will testify to his role as the primary cazetaker of the children from birth to the present time. He will further indicate that he has continued to be the primary cazetaker of the children despite the fact that the parties have shazed equal physical custody for a significant period of time. Father is the pazent who takes the children to the doctor and counselor on most occasions and sees to their medical and emotional needs. Father will also testify to Mother's repeated problems with alcohol use and his concerns with Mother's absolute refusal to restrict the children s access to cigarette smoke, despite the fact that the parties' minor child, Bailey, has asthma, needs a nebulizer and an inhaler due to his breathing difficulties, which are exacerbated by first- and second-hand exposure to cigazette smoke. Father will produce information provided to him by the minor children's treating physician that they are not to be duectly exposed to cigarette smoke or second-hand smoke. Father will testify to Mother's absolute refusal to abide by these instructions from the physician. Father will testify to his observations of the emotional problems which the children are suffering as they relate to their contact with their Mother. Father will testify to his ability to provide for the day-to-day needs of the children, his residence, and his home life with the children. Father will testify to the fact that he is better able to provide for the day-to-day needs of the children and to insure their best interests and permanent welfare, as opposed to the caze provided by Mother. Father will also testify that Mother frequently forgets doctor appointments and other information regazding the children. Father will testify that Mother forgets to take the children's presecription medications with her when she picks the children up at daycare. Jennifer Myers: as on cross-examination. Jennifer Myers will confirm that she had afalling-out with her Mother in January of 2004, after Father filed a Petition For Modification of Custody, and the falling-out was so significant that Mother moved from her mother's residence. Jennifer Myers will confinn that she moved into a small one-bedroom apartment with a male companion and made no provisions whatsoever for her children to have beds to sleep in for a period of five (5) months, despite the fact that she had fifty percent (50%) of physical custodial time with the children. Jennifer Myers will also confirm that, as of the date of the second Custody Conciliation Conference, she had failed to complete the steps necessary to clean the apartment completely and rid it from second- hand smoke and admitted that she and her male companion still smoke in the apartment and in the presence of the minor children. Jennifer Myers will confirm that she did not attend numerous counseling sessions that were scheduled at Guidance Associates of Pennsylvania for the children and that she failed to contact Guidance Associates of Pennsylvania to reschedule those appointments until after she was directed to do so by her counsel at the conclusion of the second Custody Conciliation Conference. Mother will testify to the issue of her alcohol abuse and it is anticipated that she will claim that she does not drink, but, when pressed, will admit that she does in fact drink, and that her use of alcohol has beery an issue with the children, and will acknowledge that her son, Tristan, has sent her a letter via his counselor regarding his concern about his Mother lying to him and her use of alcohol. 3. Wendv A1briQht: neighbor She will testify to her observation of Father with the children. She will testify to Father's parenting skills and the condition of the children while in his care. 4. Kathv Mvers: paternal grandmother of the children She will testify that she sees her son, the Father, with the children frequently. She will testify to Father's parenting skills and the condition of the children while in Father's custody. She will testify to Father's caretaker role with the children. 5. Jamie Oris: counselor She will testify regarding the children's issues that have surfaced in counseling. :.,w.~ IV. ESTIMATED LENGTH OF HEARING It is anticipated that this hearing will last four (4) to six (6) hours. V. FATHER'S PROPOSED RESOLUTION Father requests that the parties continue to share legal custody of the minor children, Tristan and Bailey. Father requests that he be awarded primary physical custody of the children and that Mother be granted partial physical custody every other weekend from Friday through Sunday and one evening per week from 4:30 p.m. to 7:30 p.m., provided Mother assures the Court that she will not expose the children to smoke or to second-hand smoke during her periods of partial physical custody. Father further requests that he and Mother be directed to continue with the counseling at Guidance Associates of Pennsylvania, as it relates to co-parenting issues regarding the health, safety, and welfare of the minor children. Father proposes the parties continue to share or alternate holidays as they have in the past and further requests that each pazent be given the right to exercise two (2) non-consecutive weeks of custody with the children for purposes of vacation. Respectfully Submitted, REAGER & ADLER, P.C. Attorney LD. No.: 36461 2331 Mazket Street Camp Hill, PA 17011 (717)763-1383 Attorneys for Defendant ~. ~~.m. 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: Jerry A. Philpott, Esquire 227 No. High Street P.O. Box 116 Duncannon, PA 17020-0116 Dated: ~ ,/ ~ ~l~ EXHIBIT "A" _U.-~ W. W .. ~ W ~- o C ~ m ~ ~ ' ~ ~ ' m~ ~~~ ,~ ~ m m o r N - ~ j w .. ~ w t "' T ~ sr.. ~' .~ s ~ ff `n { ~ ~ Fry ~~ ~ ' ~ ~ 4*~~ T- .. ' 1 1 ~ .. S ~$ T . ~ ~ t f3 •~' iN ~V rt 3~ ' " ~i' 1~ . 'y~ i . § ~. j ~P f ` I ,. a ~.. ~ 4 { ° ~ < ~ ~a ~ @$y ' 7 .~ i . ~ { 3 f{. ~ i ~ m i = ~ d f3 3 µ ~ QT ~ ' ` ~ ~~ S } } N % ~P' '. c ~ ,m= ,.~ ~..,;~ _ .- _ _ ~ _. _ ~~ ~~BIItiARCIMI ' ~ ~ l- Iry _ -' _'IPIGAI °. d61N 2 ~ 2004 SCOTT A. MYERS, Plaintiff v. NO.01-4450 CIVIL TERM JENNIFER H. MYERS, Defendant BAYLEY, J. --- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this 2~ 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., 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 to testify at the hearing, and a summary of 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 TH OURT: e B. Dist: Joanne H. Clough, Esquire, 2331 Market Street, Camp Hill, PA 17011 Jerry A. Philpott, Esquire, 227 N. High Street, P. 0. Box 116, Duncannon, PA 17020 ~ g . a 9-dy ,, >: ~~ ;.9~ ;_, <~ ~~ ->,~ - t ~' - ~ c. c,~- - _ ,. c.~ !'" 3 _ ~ ~ __.. c``'•f C"j I I~lA!19®M'R~1~ p!!A9 ~R¢IiVRA 4fiFi~e -. ffiP~c¢AY4`=GR%~+!§~9t~§ISS_ . SCOTT A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.01-4450 CIVIL TERM v. JENNIFER H. MYERS, Defendant CIVIL ACTION -LAW 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Tristan M. Myers October 11, 1997 Father Bailey A. Myers April 18, 2000 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 oh 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 exfernship associated with the training program which she was completing to become a medical assistant. She has now completed this program and reports that she has applied 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 ., .. N0.01-4450 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 did 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 wish 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. ~ a~lv~ 1 Date Melissa Peel Greevy, Esqui e Custody Conciliator :231018 ~ PLAINTIFF'S E~(HIBIT ) - ~ 0~`'1 e e~~ C - ~ ----- . . ~ - . ~_ _ ---- g~aslou~ i~2S _ ------------ _- ~~~Z~ ~ c CL _ 1. ~ ?, - - ~~ ~ n ~ ~ ---- . ~ ~--~ ~ ~S.G.1_4~ ~ U~ ~ lJ ~~~ c ~ k~ - _ -~--- -_ ic~ Yn ~ 1/~(~,~1~ ~n~ ~ Olt ~..~°_ ~.:~~~ s,____..l al o .~.. ~ 4 _. _.._ _ ___. __ ~ ~~ o v ~ _Q ; o~ l ~ ~~~~_ v ~,+tl in/C>, O ~l L ~i~~ .~~~~~ ,~ ,tones, Daly Coldren A r - 'es Jmm~ F'. Ugly} Jr.. M.U. Lic. xMU IP_4a59.L Rnhen L. CoMrcn. Al U. Lic. #MU 011]6&E li. livid Flcnkcn. ll.0. Lic. xG5 (111751LLL Maria M. San ~ U°na A. 5clzcr, M.U. Lic. xMU O(Ik10.I. yllln. M.17. Lic.xMU 112/221~F,' Flar tiundra 5. RallifL. M.D. Lic. xMD U444fi?~E n' P. Wchcr. M U. Lic xMD o]ae?I-L Janus E. M,uher. M.ll. Lie #MD 421?41 ' ANnieukn Grad'eka, M.U. Lic #MD 4l4N21 m2sr,•cnnok,syrarku::y.snn~ulN Mec'hnni4snurg. NA I]ILSIF949] 3 WesLtihnre Urive Q I7) ]vl-2(RO Camp Iiili. PA 17UI i (71 ])]41~2(N(1 UEA # NAME !~•~~? ~ I'LL... D.O.B. ~ . ADDRESS ~ (' ~ /; -~-___ Dates v REPIL.f_ TIME' 1 /~ • Subxtilu[ian Permissible ~ ~ In orJcr far a brand name pro to • dispe ; ,the prescriber ~y~ f~~i~~ NECESSARN'or"B MEDICAL NECESSARY" [he xpac~hrln BRAND PLAIMT[FF'S E-XhFIBfT 1~~2S~6 Kindercare• Apri120, 2004 Jennifer: It came to my attention that Bailey's asthma medicine was left in the center over the weekend. I°m under the impression that in certain circumstances, Bailey could be in danger of an asthma attack without the medicine. Jamie, Bernadine or myself are always available to assist you in retrieving the medication from the lock box in the kitchen. Should you need any further assistance in the future, please don.'t hesitate to ask. Sincerely, ,9 C~X(ltic- . Marnie Johnson PLAINTIFFS EXHIBIT dla KuuteiCare LeamingCenters 730 Wertzville Road Enola, Pennsylvania 17025 717.728.1720 717.728.1721 [ax I'j~~.,;~,~~~~ ~~ludj ~• °' O ~ i ' k r ~, 0 ~ .~ J ~ ~ m ~ f ~. :~ s h ~ ~ t ~ ~ a ~ ~ b ~' ~ Z ,~ S~ k r 'Q c ~ c cT ~ ~ ~ ~ ~ ~ ~ il ~ u, a h J U a . ~ ~ v ~ a, ~ t ~ r J >. i` ~ r N \ ~ (~ ~ ~ ~ ~ s 0 ~ l~ 1 ~. ~ ~ ~ ~ S _ ~ ~ z 1 r v u `~ .U ~ i ~ 3 ~ ~ ~ ~ ~ Z= LL~ ~ gW a ~ c+ i ~ _ M v -mot ireo-rxa By Aql a A 9V ~` CAMBRIDGE: _ 58244 ~ 7 3 ~~~_`"" ~'Mr~P,~mxnnwan .~ I yxm~nBrex _ Ar~x~M~~wn wl~ uwxn r _xr.,, ~. ....,. ~ :n ~...~ . ~ ~ : .. ; '" n - _ .. :. HESS - fG'~ 1 4 :~ ~.G/ s ~.~ sox > i, SOFA LOVE'SEAT i . DRES~R MIRROR . _. t ., NEApBOARD i -c .:, CHF,ST - .._. ~,:. ., .. ~:.:L:y ex.::.k^' .F . f-. L +:~~ ::.. _ u z, . - ,k;.,~ .~,u .... COFFEE/END ,' . .:, .:, :. L,vYIPS OTHER ITEMS ..... .p1AINTIFF'S _. F.X~kf181T FABRIC TREATMEM M6THOQ OP PAYMENT:... SHIRpJN6JM~.+TRUCTIONS TQTAL MDSE ~ l~ i I a cGmdc : - eTo ~apicked uptdafe 17EM # { aMG~sa a01a¢ovsr aT6bedef"iveracPtls99 ~e.~+w~u . - Pdce.HWd: gYes ~•NO ... .~. k4~RecaAiedattitrteofputchase F.Q. - ... i, ~, t lieire read 3[t9't?QSted PAY andfhe~pati~es urn U~a•reValss Silo of dhtslrnroica. and hews SALES TAX.. 7 (aCBNeff dN rttelCPlatldl6B llsfeddt`J~w91Fl QOOd GOIft~tfaR. t Custtxnec ~ ~ ~ _ ' . Dcde , ~' ~• grim, ®' ~ -' e" ~.vsae.M:w: Ceeidnimiy9li~Wran '~YeeoiiiCmV~.~Fven7Nia E~sd'VA~ '~eTo~~7is!-CUStOmet Service~UBek ~ Phace~r~-~om~COpw~ . SCOTT A. MYERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER H. MYERS, DEFENDANT 01-4450 CIVIL TERM ORDER OF COURT AND NOW, this ~ 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: (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. `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. r ` (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. (g) 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. ..,,~~~ f rt, Edgar B. Bayley, J. ~erry A. Philpott, Esquire For Plaintiff /d'oanne Harrison Clough, Esquire For Defendant sal ,J ~~ U~l~ 0~ 0~"~" ~~ ~ ~ ~ ~ ~~ ~ ~~~ _ '1'3-- y"J.. ~ .~~ LS~~ ~ (~."$ ~ : r .ez ~ u Q ~ ~' ~ ~ c .i ~5 ~~ SCOTT A. MYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 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 counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at DJ Manlove's, 1901 State St., Camp Hill, PA ]701] on Monday, June 20, 2005 at 11:00 AM for aPre-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 aRe 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. Gree Es 111 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 availabie to disabled individuals having business before the court, please contact our office. Ail arrangements must be made at least 721rours 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 ,S'~~l ~'v~ ~~ ` ~ '~ ~a ,sue ~ occf „V ~~ ~~ a^,»»s?a~awse~:w?~r....i~au~zaa'~%r~e'g+;:, _ -mr~ mr y~...n~~a.`+°? - ;~.. ~rornr 1/~ RECEIVED MAY 18 2~5~~ SCOTT A. MYERS, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO.O1-4450 JENNIFER H. MYERS, :CIVIL ACTION -LAW Defendant :IN CUSTODY ORDER OF COTJRT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the Custody Conference Officer on the _day of 2005, at fora Pre- Custody Conciliation. At such Conference, an effort will be made to resolve the issues to be heard by the Court and to enter into a Temporary Order. Children need not be present at the Conference unless their presence is requested by the Custody Conference Officer. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order FOR THE COURT: Date: By: Custody Conference Officer YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. II+' 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 RECEIVED MAY 18 2005 SCOTT A. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.OI-4450 JENNIFER H. MYERS, :CIVIL ACTION -LAW Defendarrt : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, this 2nd day of May, 2005, comes Petitioner Scott Myers, by and through his attorney, Joanne Harrison Clough, Esquire, and respectfully avers as follows: 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 11, 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. 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 of 2003. A Custody Order was entered on Apri117, 2003. Said Order provides that the parties have equal shared physical and shared legal custody of the 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. On August 26~, 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 hereto made part of and incorporated by reference as Exhibit C. 7. Petitioner Scott Myers is of the belief, and therefore avers, that the currem joint physical custody schedule for the summer of 2005 is no longer in the best interest and permnnem 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. 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. Respondem 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 ofthe children that this primary caretaker relationship be reestablished between the children and their Father; and d. RespondentlMother 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 ~. pennanern welfare of the children that Petitioner/Father Scott A. Myers have primary physical custody of the minor children, Tristan and Bailey Myers. WHEREF®RE, 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 during the summer months in addition to the school year with reasonable periods of partial custody to the Respondent/Mother Jennifer Myers, and grant any further relief this Court deems appropriate. Respectfully Submitted, JOANNE HARRISON CLOUGH, P Date:_~j " 7j~" O S` BY: Attorney I.D. No.: 36461 24 N. 32nd Street Camp Bill, PA 17011 (717)737-5890 Attorney for Plaintiff VERIFICATION I, Sean A.1VIyers, hereby verify and-state that the facts set forth in the foregoing pleading are true and correct to the best of my information, IrnowIedge-and belief I understand that false statemems herein are made sub}ect to the-penalties of 18 Pa. C.S. 349Q4 relating to unsworn verificatiaa to authorities. DATE: `1- g-oS~ ~J.~ ~- ~~~~ Scott A. Myers CER'I~ICATE OF SERVICE I hereby certify that on the date set forth below a true and cori'ect copy of the foregoing documem was served on the following individuals via United States First Class Mail, postage prepaid as follows: Jerry A. Philpott, Esquire 227 N. High Street PO Box 116 Duncannon, PA 17020-0116 Dated: 5 - a - 05 ~O i nm o /~7Qivu~.c~ 1J~01~ JOANNEHAItRLSONCLOUGH,ESQ ~ w ~~~ V Ts~ ~. o ~~~(~ SCOTT A. MYERS, vs. JENNIFER H. MYERS, : IN THE COURT OF COMMON. PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : N0: 01-4450 CIVIL ACTION -LAW Defendant : CUSTODY ORDt:R OF COURT AND NOW, this 1 j day of September, 2001; upon consideratioh of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. 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 Pa.G. S. § 5309, each parent shall be entitled to aA 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. Phxsical Custodv. 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: Trans on rtation: Transportation shall be shared by the parties with Mother' picking up the Children from Father's custody, unless otherwise agreed. 4., j~ali_ daus. The halidays 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. ~x },h ,~ 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 contacf the Conciliator by letter to request that the Custody Conciliation Conference be reconvened. BY THE COURT; S . J. Dist: Max J. Smith, Jr., Esquire, PO Box 650, Hershey, PA 17033-0650. Michael Pykosh, Esquire, PO Box 368., Cemp Hill, PA 17011-0368 TRUE C in Testimony H and~flpe seal of I here unto set my hand urt ~t;~rlisle, Pa. R~ ~. SCOTT A. MYERS, vs. JENNIFER H. MYERS, IN THE, COURT OF COMMON PLEAS OF Plaintiff :. CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4450 , CIVIL ACTION -LAW Defendant 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 October 11, 1997 Father Bailey A. Myers April 18, 2000 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, Maz J. Smith, Jr., Esquire; the Mother, Jennffer H. Myers, and her counsel, Michael Pykosh, Esquire. 3. The parties reached an agreement in the form of an Order as attached. Date APR 16 2003 ~'S SCOTT A. MYERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff N0.01-4450 CIVIL TERM v. CIVIL ACTION -LAW JENNIFER H. MYERS, Bayley, J. -- Defendant T~VIPORARY ORDER OF COURT IN CUSTODY AND NOW, this /?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 terrns 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. Legal Custodv. The parents, Scott A. Myers and Jennifer H. Myers, shall have shared legal custody of the minor children, Tristan M. Myers, bofn October 11; 1997 and Bailey A. Myers, bom 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. §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. 3. Phvs.ical 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. 8. Effective Aprif 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. c~xl~; b;-~ Q ._~. N0.01-4450 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 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. 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 shat! 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 (3j 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 pay 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 af12:00 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 Market Street, Lemoyne, PA 17043. r~~E ~~ IrR®M t~EC~~~ BY THE COURT: i n Tyr wii~aof, f tiers unto i!~( Irili lased xlKl tl~ seal of said Court at Carlisle, Pat. ';~~.--fir a ', ~' /s~ ~ /~ ~, E g B. Bayley, J. PI'OthOnbtefd Dist: Jared W. Handelman, Esquve, 134 Sipe 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 ;: ~~ - _ ,ownnA,m~xr~ SCOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, Defendant IN 7HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.01-4450 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CUSTODY CONGILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3.8, the undersigned Custody Canciiia#or submits the following report: 1. The pertinent infom~ation 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 October 11,1997 Mother Bailey A. Myers April 18, 2000 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 anti! 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 #o 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 relinquish jurisdiction leaving this Order in place. /~ _~~ D e Melissa Peel Greevy, Custody Conciliator ;211987 `- F ~ i ~. SCOTT A. MYERS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~/ JENNIFER H. MYERS, DEFENDANT 01-4450 CIVIL TERM ORDER OF COURT AND NOW, this "~~ 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, bom 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:' (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. ' 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 chiidreri 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. (S) Father will have the children each year from December 24~' at 3:00 p.m. until December 24"' at 7:00 p.m. The ho{iday period shall then be divided into two segments. Segment A shall be from December 24~' at 7:00 p.m. until December 25t" at noon. Segment B shall be from December 25~' at noon until December 26=" 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. ", : Edgar B. Bayley, J. Jerry A. Philpott, Esquire For Plaintiff Joanne Harrison Clough, Esquire For Defendant :sal 1'RUR Cf~P'Y R~9M 9tECOR In Tes~nany whereof I here unto set hand and seal of said r~ a arlisl a. . , ~ ~rofhonotar~ / w Q c ~ ~ ( y ~ ~ 1 ~ \/ ~ 1 ~ ~ ~ // ~\ '~/~~. l: (~ ~., G' ~_ ~-~ ~_ ~~E fV t~ cn SV .~ ~: ~~ "I'3 S {~:-!3 -[} i^7 ~~ I_~(_J ;_ ;`J Pl l ^'. s~ew„rurg sn F ....n,~..n.f'ww+naemuwu~alXr~v~aaa~'1'.. RECEIYFD MAY 19 20~r~ SCOTT A. MYERS, COURT OF COMMON PLEAS FOR Plaintiff CUMBERLAND COUNTY v. NO: 01-4450 JENNIFER H. MYERS, CIVIL ACTION -LAW Defendant CUSTODY ORDER AND NOW, this day of , 2005, for good cause shown IT IS ORDERED THAT Jerry A. Philpott, Esquire, is granted leave to withdraw as counsel for defendant, Jennifer H. Myers. BY THE COURT, J. ~.~,~ , SCOTT A. MYERS, COURT OF COMMON PLEAS FOR Plaintiff CUMBERLAND COUNTY v. NO: 01-4450 JENNIFER H. MYERS, CIVIL ACTION -LAW Defendant CUSTODY RULE TO SHOW CAUSE AND NOW, this ~ day of 1/~ _, 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 TH/E/ C~T, ~ ~~ `i /1 /~ r" ~~ A J. ~.. ~ ~`. ,. ,~r~ r a : ~ t,~,~ e~ ,„ ~,~, sa ~s~~r:r, f b ~z f~ SCOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, befendant COURT OF COMMON PLEA5 FOR CUMBERLAND COUNTY NO: 01-4450 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 matter. H Myers, in the above-captioned y'submitted, ~'~ Dated: May 17, 2005 Jerry A: Philpott; Esquire Suprefne Court ID #47624 227,No. High Street,l'O Box 116 Dy~icannon, PA 17020 :~~~ _ _ _ e SCOTT A. MYERS, COURT OF COMMON PLEAS FOR Plaintiff CUMBERLAND COUNTY v. NO: 01-4450 JENNIFER H. MYERS, CIVIL ACTION -LAW Defendant 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, PA, with first class postage affixed, addressed as follows, which service satisfies the requirements of P. R. C. P. 440. Jennifer Myers 159-A South Enola Drive Enola, PA 17025 Joanne Harrison Clough, Esquire 24 N. 32"d Street Camp Hill, PA 17011 Dated: May 17, 2005 ~~ r, i„ v 0 Cn `( l f)j q ti: 1 •.~~ ~ ~T ~~ 1 . .....~ 4y \/~~ _l~ 3 ~ l {'V .~ 'i j »-' :7I `3 4~ -. ~. r*~z:4 a +:.s-der .~ :~ achy ~.a»»,~s~mst v-i~, ..a a, RECEIVED JUN 13 2005 r SCOTT A. MYERS, IN THE COURT OF COMMON PLEAS Plaintiff FOR CUMBERLAND COUNTY v. 01-4450 -CIVIL JENNIFER H. MYERS, CIVIL ACTION -LAW Defendant CUSTODY ORDER AND NOW, this day of \ t p~~- , 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 of Jerry 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. ~"~ ~' BY THE COURT, / " f`~'° /s~ cc: Jennifer H. Myers ~anne Harrison Clough, Esquire ~rry A. Philpott, Esquire J 6'C . V~ ~,1Y 7. .~ ~~ ~c A,~~~~'`~GO 2Qp~~~~ ~4 ., r~Y ,~ .,,~~U;t , _y,~li C:%s/~,~:~ l` ~ ~ _ ~~~~~«~ ~..,~,~~~ ,a .. ~...~,.~,fi ~.. ~., SCOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, Defendant COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY 01-4450 Civil 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 of transmittal 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 for defendant, Jennifer H. Myers, in this matter. Dated: June 8, 2005 Je~v A. him to withdraw as counsel ~%Gpreme Court ID~#"4T624 227 No. High St., PO Box 116 Duncannon, PA 17020 (717) 834-3087 Exhibits: Letters of transmittal ~~~~ U L~~o ~U IJ IJ L~~O~~ ATTORNEY-AT-LAW Jerry A philpott, Esquire 227 No. High St., PO Box 116 ' Deborah McOuay, Paralegal Duncannon, PA 17020-0116 Jennifer H. Myers 159-A South Enola Drive Enola, PA 17025 File no. 04-02-17 Re: Myers vs. Myers No: 01-4450 717 834-3087 FAX 8345437 May 26, 2005 Dear Jenn: I enclose a Rule to Show Cause. You have to make objections withia 10 days ir. proper form or I will be allowed to withdraw. Sincerely, 3err,~ A. Philpott Enci.: Rute to Show Cause Copy of My Letter to Attorney Clou~k. DNR ~~: EXHIBIT J JC G3G3~ Qa p~~LpO~~ ATTORNEY-AT-LAW Jerry A. Phiipott, Esquire 227 No. High St., PO Box 116 717 834-3087 Deborah McOuay, paralegal ~ Duncannon, PA 17020-0116 FAX 834-5437 Joanne Harrison Clough, Esquire 24 N. 32"a Street Camp Hill, PA 1701 I File no. 04-02-17 Re: tYlyers vs. Myers No: 01-4450 May 26, 2005 Deaz Joanne: [ enclose a Rule to Snow Cause as to whether or not I should be allowed to withdraw. Sincerely, Encl.: Buie to Show Cave ee.: Jennifer H. Myers DNR EXHIBIT Jerry A. Philpeit ~~ ;ms's ~ ~ %~~ .~ i ] ~'~^~ VERIFICATION I verify that the foregoing facts are true and herein are made subject to the penalties of 18 Pa. authorities. stand that false statements to unsworn falsification to Jerry SCOTT A. MYERS, COURT OF COMMON PLEAS FOR Plaintiff CUMBERLAND COUNTY v. 01-4450 Civil JENNIFER H. MYERS, CIVIL ACTION -LAW Defendant 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, PA, with first class postage affixed, addressed as follows: Jennifer Myers 159-A South Enola Drive Enola, PA 17025 Joanne Harrison Clough, Esquire 24 N. 32"d Street Camp Hill, PA 17011 Dated: June 8, 2005 -.g,~~ ~Q IL.)^ rv *\ ~~ ca ^~ ~ ~ ~ _ ~~ Ci " ~ T . ,~~ CE7 f~" tl~, ~ ~ (ilk ~ ~~i ~C~ J i {~ RECEIVED JUN 2 8 2005} SCOTT A. MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.OI-4450 JENNIFER H. MYERS, :CIVIL ACTION -LAW Defendatrt : IN CUSTODY O ER AND NOW, this _~ day , 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 theterms 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 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 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. "'fie ~.~ ~~ ~, ;~ t~+ s.~ y g naT(l~ir,'~'1'7~a,~~V~t' r} L ~ ~OI ~~ ~- ~~`~!' ~D~Z ii~i~GNCrilC~dd ~Hi d0 ~~1~-fv-t~~t~ ~,. 7. Father shall have the children each year from December 24 at 3:00 p.m. until December 24'" at 7:00 p.m. The holiday period shall then be divided imo two (2) segments. Segment A shall be from December 24'" at 7:00 p.m. umil December 25`~ at noon. Segment B shall be from December 25`~ at noon until December 26's at 8:00 a.m. when the regular schedule resumes. 1n odd numbered years Mother shall have segmern 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) segmerns. Segment A shall be from 8:00 a.m. Thanksgiving Day until 2:00 p.m. 't'hanksgiving 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 Segmern 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 irno two (2) segments. Segment A and segment B. Segment A shall be from 6:00 p.m. the Saturday before Easter unti12:00 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 segmerrt B. 10. Jennifer H. Myers shall sign up for and complete parenting classes at Parent Works in New Cumberland. She shall provide proof of enrollmem in classes within 30 days of the date of execution of the Stipulation and shall provide proof of completion of tt asses to Father when r i' completed. f BY 7jE3E COURT: J. ,~~~_~ SCOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4450 CIVIL ACTION -LAW IN CUSTODY JOINT STIPULATION T~OQ MODIFY CUSTODY ORDER OF AUGUST. 26, 2004 AND NOW, this 23,~uday of J~-~- ' 2005, comes Petitioner Scott Myers, by and through his attorney, Joanne Harrison Clough, Esquire, and respectfiilly avers as follows: 1. 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 Sled 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 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 children to Monday at 8:00 a.m. 2. Tuesdays from 3:00 p.m. to $: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 ahvays 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. 7. Father shall have the children each year from December 24 at 3:00 p.m. until December 24"` at 7:00 p.m. The holiday period shall then be divided into two (2) segments. Segment A shall be from December 24`h at 7:00 p.m. until December 25`h at noon. Segment B shall be from December 25"` 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 numberedyearsMother 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 Molder 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 unti12:00 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 r . 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 all medical and heahh related issues with the children and agrees to not expose the children to any secondhand 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. .~~c~o~ G ~~-a5' Scott A. Myer (Date) i .1~.luu~Uc n ~LI2~1y '~~-0~ Je ' er H. yers (Date) ~~p~=. CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing documem was served on the following individual via United States First Class Mail, postage prepaid as follows: Jennifer H. Myers 26 Shazon Road Enola, PA 17025 Dated: ~ ° ~~1 " J <.~~.~,~;,x _~' ,_~ -~.~ ~. ~~~ ~7 ~, r ~.~ G7 Ri _ ti~ _ "Je _ i_J j .{" ~~ r~ 7~ ~~ 'ii 'i; t"il 1 ~) i~(_t 1. ~t~ '~ °C/ "J i lT ~~ SCOTT A. MYERS, Plaintiff v. JENNIFER H. MYERS, Defendant RECEIVED JtlL 112005`') IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.01-4450 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER TO RELIN DISH 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 matter FORTH MElissa Peel Greevy, E~uire Custody Conciliator :2541 SO ~~~~ ~~ ~ ~ ~.~~ r= ~L=7 ~' =; -~ L~ ~_ ~, , z: cs ~ .._. ~,,, Y, - =~ ,~ _ ~~ = ~~ RECEIVED AUG 0 3 2005 SCOTT A. MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.OI-4450 JENNIFER H. MYERS, :CIVIL ACTION -LAW Defendant : IN CUSTODY REVISED ORDER AND NOW, this ~_ 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 legal custody of Tristan M. Myers, born October 11, 1497, 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 yeaz. 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. ~e 7. Father shall have the children each yeaz from December 24 at 3:00 p.m. until December 24`s at 7:00 p.m. The holiday period shall then be divided into two (2) segments. Segment A shall be from December 24s' at 7:00 p.m. until December 25s' at noon. Segment B shall be from December 25s` at noon until December 26s` 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. 1lranksgiving shall be divided into two (2) segments. Segment A. shall be from 8:00 a.m. Thanksgiving Day un61 2:00 p.m. Thanksgiving Day. Segment B shall be from 2:00 p.m. Thanksgiving day ovenught to resume the normal schedule on Friday morning. On odd numbered yeazs 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 Faster unti12:00 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 Fathet 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 Pazent 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 complefion of the classes to Father when completed. 11. 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 ,.~: d further agrees to administer prescription and non-prescription medications as directed by the children's healthcare professionals. J. V V "`~ ~.. _,-~ ~ I'7L ~ °r ~ i ; ~, j.~~., [:;~ p Lill q. ' E1 ,lJ l~ J ., ~ -~' J I ' t~' ~ . __ .... s !9~a~m+a >~T:ew.er »-.~v. ,3-'~§~r'ivc~~a24~~eE'-scid '~fl_ ... ,.._ _ !~ SCOTT A. MYERS, : IN THE COURT OF COMMON PLEAS OF Phumiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.Ol-4450 DER g, MyERS, :CIVIL ACTION -LAW Defendam : 1N CUSTODY AND NOW, this .Z~J~day of ~; 2005, comes Petitioner Scott Myers, by and through his attorney, Joanne Harrison Clough, Esquire, and respectfully avers as follows: 1. Plaiirtiff 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. Swtt A. Myers and Jennifer H. Myers have reached an agreement to modify the tenors of the Custody Order of August 26, 2004, and both agree to modify this Custody Order as follows: A. All prior Custody Orders aze 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 children 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 i~ 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 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 ofMemorial 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 24m at 7:00 p.m. The holiday period shall then be divided into two (2) segments. Segment A shall be from December 24`" at 7:00 p.m. until December 25's at noon. Segment B shall be from December 25`s at noon until December 26s' 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 uumberedyears 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 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 'unto 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. Qn even numbered years Mother shall have segment A and Father shalt have segment B. On add 2 :,~,~ a" 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 al] 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. Scott A. Myers ` (Date) Jean u e H 1Wlyers ~ G~~ ~ t ~~~ 3 ~=:m~. (vv~ ss i` ~D ~-~ ~. -- ~~t - ~JS Y3 i N f~,~ u -~~ 3l - 'II aCJ .~ C ) !. -? ~ -.. x~j r -..: Ysai•=: 1 ixar 3~r~s„gFy',~fi^ixe~A1A;~. ktllxSxRi. 1 RiifiRR- 4q SCOTT A. MYERS IN THE COURT OF COMMON PLEAS OF Pt_.AIN"1~~11~F CUMBERLAND COUNT~'Y, PENNSYLVANIA ~~ 2001-4450 CIVIL ACTION LAW JENNIFER H. MYERS nt-'t-E:Nt>ANT IN CUSTODY ORDF..R OF COURT f1ND NO~~', Monday, June 14, 2010 upon consideration of the attached Complaint, it is hercb}~ directed that panties and their respective; counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, July 22, 201.0 at 12 00 PM for a Pre-I-learin~~ Custodv 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. T'hc cc-urt hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Rk~lief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hcarin~. FOR TI-lE COURT, By: /s/ Dawn S. Sunday, E'sq. ~ _ Custody Conciliator l~he Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of (990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our of-fee. All arrangements must he made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or h~~u-in~. YOU SHOLILI~ TAKE 'I'RIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NO'I- HAVF: AN AT"TORNEY OR CANNOT AFFORD ONE, Ci0 TO OR TELEPHONE THE: OFFICE. SET EOR'hH E3f-:LOw' TO FIND OUT WHERE YOU CAN GET LEGAL HELP. C) Cumberland County I3ar Association ~.~ `~~ _..~ ~, ~ c . -~; •~S' ~~ ~- ~~ ~ ~ 32 South Bedford Street ~. ~ " .~~ F.fb• Carlisle, Pennsylvania 17013 ~,rj ., Telephone (7l7) 249-3166 ~~ 4 • J5 • J ~o-kae. mom ~ es~ ~o ~~ o ~~_ ~: ~~ Gc~~l ~ - j .: :u ~:~ :A~ v-' ~._ C~ • t ~ • 1 o Cctp~ moukd ~ Sun ckt.~i w 5 SCOTT A. MYERS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA r~ :., vs. 2001-4450 CIVIL ACTION LAW `~- ~' ~ ' - G 3 - ~ KW f _ .~.+1 11 JENNIFER H. MYERS ~ ~-~~, Defendant IN CUSTODY - -~ -- ': ~~:. ~'. V C ..- ORDER OF COURT AND NOW, this ~~ day of ~ Gc, J ~ 2010, upon consideration of the attached Custody Conciliation Report, it is rdered and directed as follows: 1. The parties shall make arrangements for the Children and the parties to participate in therapeutic family counseling with a professional to be selected by agreement. The purpose of the counseling shall be to assess and address the emotional behavioral issues which have arisen with regard to the Children and to provide guidance and instruction to the parties in addressing those concerns and in effectively co-parenting the Children. The Father shall provide the names of the mental health professionals covered under the Children's insurance to the Mother or counsel to enable the parties to select an appropriate counselor. The parties shall follow the recommendations of the counselor as to the individuals who should participate in each session. Any costs of the counseling which are not covered by insurance shall be shared by the parties in proportion to their respective incomes. The parties shall initiate the counseling promptly following the conciliation conference and shall participate in scheduled sessions in a timely manner. 2. The Mother may take the Children to their regular Sunday School during her weekend periods of custody in lieu of the Father picking up the Children for church as provided in the April 19, 2010 Order. 3. The Mother's periods of partial custody on Tuesdays shall be extended to run from 4:00 p.m. unti17:30 p.m. The Mother shall ensure that the Children's homework is completed prior to their return to the Father's custody. 4. The Mother shall not consume alcohol during periods of custody with the Children. 5. The Father shall provide a copy of the Children's insurance cards to the Mother promptly following the conciliation conference. 6. The parties agree that the Children shall be permitted only to use BB guns under the direct adult supervision of either party ar~d the BB guns shall not be accessible to the Children during any unsupervised periods. w 7. The Mother shall provide written confirmation of her attendance at AA meetings to the Father or his counsel on a monthly basis. 8. Each parent shall provide copies to the other parent of any reports issued by a school official, mental health professional or medical professional concerning the Children promptly upon receipt. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Albert H. Masland J. cc: ~lanie L. Erb, Esquire -Counsel for Father Thomas D. Gould, Esquire ,Counsel for Mother n II~ l:~ ~ ~ES' m~.t l~ r3 s/iv ~~ SCOTT A. MYERS vs. JENNIFER H. MYERS Prior Judge: Albert H. Masland IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2001-4450 CIVIL ACTION LAW Defendant IN CUSTODY CUSTODY 'CONCILIATION SUMMARY REPORT 1. The pertinent information concerning the Children who are the subjects 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 July 22, 2010, with the following individuals in attendance: the Father, Scott A. Myers, with his counsel, Melanie L. Erb, Esquire, and the Mother Jennifer H. Myers, with her counsel, Thomas D. Gould, Esquire. 3. The parties agreed to entry of an Order in the form as attached, with the exception of extension of the Mother's Tuesday evening periods of custody, which is the recommendation of the conciliator. a ~.~ Date Dawn S. Sunday, Esquire Custody Conciliator l THOMAS D. GOULD, ESQUIRE 2 EAST IN STREET SHIREMAN OWN, PA 17011 (717) 731-1461 SCOTT A. MYERS, Plaintiff V. JENNI H. MYERS, Defendant FILED-OFFICE OF THE PROTHONOTARY 2011 JUL -5 PM 4: 21 CUPENSYLT NVANA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4450 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION PETITION FOR MODIFICATION OF CUSTODY ORDER 1. The Defendant/Petitioner is Jennifer H. Myers, hereinafter referred to as Mother, residing at 7 West Locust Street (Rear), nola, Cumberland County, Pennsylvania 17025. 2. The Plaintiff/Respondent is Scott A. Myers, hereinafter referred to as Father, residing at 407 West Dauphin Street, Enola, Cumberla d County, Pennsylvania 17025. 3. Father and Mother are the biological parents of Tristan M. Myers born October 11, 1997 and Bailey A. Myers, born April 18, 2000. 4. Mother is requesting a modification of the August 4, 2010 Order of Court as modified by a May 18, 2011 Order of Court. A copy of teach Order is attached as exhibits A & B. Mother requests that she be allowed overnights and specific periods of custody as are in the best interests of the children. aw'?v %-7 CoSh V?Lej 91 8. The children's best interests will be served if Mother's request his granted because: A. Mother will place the interest of the children before her own. B. Mother has the ability and desire to parent the children. C. Mother can provide a stable and loving environment for the children. D. Mother is committed to encouraging a positive relationship between the children and each parent. WHE EFORE, Mother requests that this honorable court modify the current parenting schedule and award her significant periods of custody ith her children. Respectfully submitted, Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I, Jennifer H. Myers, hereby certify that the foregoing ION FOR MODIFICATION OF CUSTODY ORDER is 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. P.S. Section 4904 relating to unsworn falsification to authoritlies. DATED: I /- ;)J Jen 'fer H. Mye 3 SCOTT A. M?`ERS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2001-4450 CIVIL ACTION LAW JENNIFER H. Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ?-- day of C4, 2010, upon consideration of the attached Custody Conciliation Report, ' is ordered and directed as follows: 1. Th parties shall make arrangements for the Children and the parties to participate in therapeutic family counseling with a professional to be selected by agreement. The purpose of the counseling shall be to assess and address the emotionallbehavioral issues which have arisen with regard to the hildren and to provide guidance and instruction to the parties in addressing those concerns and n effectively co-parenting the Children. The Father shall provide the names of the mental health professionals covered under the Children's insurance to the Mother or counsel to enable the parties to elect an appropriate counselor. The parties shall follow the recommendations of the counselor as t the individuals who should participate in each session. Any costs of the counseling which are not covered by insurance shall be shared by the parties in proportion to their respective incomes. The parties shall initiate the counseling promptly following the conciliation conference and shall participat in scheduled sessions in a timely manner. 2. The Mother may take the Children to their regular Sunday School during her weekend periods of custody in lieu of the Father picking up the Children for church as provided in the April 19, 2010 Order. 3. The Mother's periods of partial custody on Tuesdays shall be extended to run from 4:00 p.m. until 7:30 p.m. The Mother shall ensure that the Children's homework is completed prior to their return to the Father's custody. 4. The Mother shall not consume alcohol during periods of custody with the Children. 5. Thel Father shall provide a copy of the Children's insurance cards to the Mother promptly following the conciliation conference. 6. The parties agree that the Children shall be permitted only to use BB guns under the direct adult supervision of either party and the BB guns shall not be accessible to the Children during any unsupervised p riods. E-Xkl?lf 19 7. The rlother shall provide written confirmation of her attendance at AA meetings to the Father or his cZel on a monthly basis. 8. Each parent shall provide copies to the other parent of any reports issued by a school official, mental ealth professional or medical professional concerning the Children promptly upon receipt. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, he terms of this Order shall control, BY THE COURT, 1 Albert H. Masland J. cc: Melanie . Erb, Esquire - Counsel for Father Thomas . Gould, Esquire - Counsel for Mother TRUE COPY FROM RECORD In TEstimony whereof, I here unto set my hand and the Se of said at Carlisle, Pa, This of 20 Prothono SCOTT NIYERS ON BEHALF OF IN THE COURT OF COMMON PLEAS OF TRISTAN M. MYERS and CUMBERLAND COUNTY, PENNSYLVANIA BAILEY A. MYERS, Plaintiff V. JENNI FIR H. MYERS, Defendant NO. 11-4297 CIVIL TERM . CIVIL ACTION - LAW PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 18th day of May, 2011, the parties having Petitic in ord appeared for a hearing on the Protection from Abuse filed by Plaintiff, and having requested a continuance to pursue resolution of this matter, the hearing is contin ed generally, with either party permitted to request a hearin should a resolution not be attained. Pending a hearing on this matter or final resolution by the parties, the Court amends Paragraph 5 of the Temporary Order with respect to custody of the children. Specifically, custody will be as agreed upon by the parties. During any periods of custody by the Defendant, she shall ensure that the children are supervised either by William Feirrell, who is pre ent in the court today, or any other person as agreed upon b the parties. By the Court, Abrah MidPe Attor Prozesky, Esquire Legal Services y for Plaintiff Thomas D. Gould, Esquire Attorn y for Defendant Sherif srs Albert H. Masland, J. TRUE COPY FROM RECORD In Testimony whereof, l here unto set my hand and the seal of sold Cant at Carlisle, Pa 7V& day of 201 ?/. Prothonotary >G( ?' 'b''- t3 SCOTT A. MYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI A V. 2001-4450 CIVIL ACTION LAW -0X r : .. -,rt z? r rte'- Mi= -VM = JENNIFER H. MYERS cn (= IN CUSTODY ?d DEFENDANT C© S =-5,'=, W SC--) ORDER OF COURT AND NOW, Wednesday, July 06, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Friday, July 29, 2011 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. C7oold 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. OFOR/ MW 049 /M41 V eo5 r y" red ?o i' viePI ,>'e?r?? ? By: /s/ Dawn S. Sunda Es . Custody Conciliator Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 7I7/i t4$fi S SCOTT MYERS Plaintiff vs. JENNIFER H. MYERS Defendant ORDER OF COURT IN THE COURT OF COMMON PLEAS,?)F E-, CUMBERLAND COUNTY, PENNSYLVAKIA -- _-1 -r, - + rrj CV :=,. 2001-4450 CIVIL ACTION LAW, r-ri IN CUSTODY AND NOW, this day of vt ,? G 2011, upon consideration of the attached Custody Conciliation Report, it ' rdered and directed as follows: 1. The prior Orders of this Court dated August 4, 2010 and April 27, 2010 are vacated and replaced with this Order. 2. The Mother, Jennifer H. Myers, and the Father, Scott A. Myers, shall have shared legal custody of Tristan Myers, born October 11, 1997, and Bailey Myers, born April 18, 2000. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. Pending the conciliation conference scheduled in this Order and further agreement of the parties or Order of Court, the Father shall have primary physical custody of the Children and the Mother shall have supervised periods of partial custody in accordance with the following schedule: A. The Mother shall have custody of the Children on Saturday, July 30 from 9:00 a.m. until 6:00 p.m. B. Beginning on Tuesday, August 2, the Mother shall have custody of the Children every Tuesday from 10:00 a.m. until 9:00 p.m. C. Beginning August 5, the Mother shall have custody of the Children on alternating weekends on Friday from 10:00 a.m. until 6:00 p.m., Saturday from 10:00 a.m. until 9:00 p.m. and Sunday from 10:00 a.m. until 9:00 p.m. D. The Mother may have periods of additional custody as arranged by agreement between the parties. E. The Mother shall have custody of the Children for a period on Labor Day with the times to be arranged by agreement between the parties. F. During any periods of custody by the Mother, the Children shall be supervised by William Feirrell or other responsible adult selected by agreement between the parties. 4. The parties shall make arrangements for the Children to participate in counseling with a professional selected by agreement between the parties utilizing all available insurance. The purpose of the counseling shall be to provide a neutral third party to assess and address any concerns which may have arisen with regard to the custodial situation and provide guidance to the parents as to the Children's current needs. The parties shall follow the recommendations of the counselor with regard to the frequency of the counseling for the Children and as to any participation by the parents in the counseling process if necessary. 5. Neither party shall smoke in the residence or car or otherwise in the presence of the Children during periods of custody. The parties shall take necessary measures to ensure that the smell of smoke is not present in enclosed areas, such as motor vehicles, to the extent it would affect the Children's health (asthma). The parties shall ensure that third parties having contact with the Children comply with this provision. 6. The Mother shall not consume alcohol during periods of custody with the Children 7. The parties agree that the Children shall be permitted only to use BB guns under the direct adult supervision of either party and that BB guns shall not be accessible to the Children during any unsupervised periods. 8. The Mother shall provide written confirmation of her attendance at AA meetings to the Father or his counsel on a monthly basis. 9. Each parent shall provide copies to the other parent of any reports issued by a school official, mental health professional or medical professional concerning the Children promptly upon receipt. 10. The parties shall cooperate in satisfying the enrollment requirements for the Children to attend school at Milton Hershey. 11. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, September 28, 2011 for the purpose of reviewing the custodial arrangements following the counseling. The parties shall bring the Children's school calendar to the conciliation conference. 12. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Albert H. Masland J. cc: Abraham Prozesky, Esquire - Counsel for Father 105 M / Thomas D. Gould, Esquire - Counsel for Mother 11 s(400 SCOTT MYERS vs. JENNIFER H. MYERS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2001-4450 CIVIL ACTION LAW Defendant : IN CUSTODY Prior Judge: Albert H. Masland 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tristan Myers October 11, 1997 Father Bailey Myers April 18, 2000 Father 2. A custody conciliation conference was held on July 29, 2011, with the following individuals in attendance: the Father, Scott A. Myers, with his counsel, Abraham Prozesky, Esquire, and the Mother, Jennifer H. Myers, with her counsel, Thomas D. Gould, Esquire. 3. The conciliator recommends an Order in the form as attached. Date Dawn S. Sunday, Esquire(T Custody Conciliator