Loading...
HomeMy WebLinkAbout01-04692,t '' 4 GREGORY D. MYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA CAVANAUGH DEFENDANT 01-4692 CIVIL ACTION LAW • IN CUSTODY ORDER OF COURT AND NOW, Monday, August 13, 2001 ,upon considerafion of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 12, 2001 at 9:30 a.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: ls/ Jacqueline M. Verney, Esr~.~ 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 ^~yyLnAa~:e6@L ari er u..~s~ .. ..-~..,._... ~ -~`~'- .. _ .. e„_wm'~1L't5f~!I~~W .yy,••a"•5fi~'AUtlifEN'1vLAtlun3eL9Y£~Y a»mmms )' >>~rvcr;vs~~!=d 1~Li~zt; ~t 1 ~~; ~~« ~ i ~il~ 1~i~~~1~iPJ?;~.;; ~: - .. ~G GREGORY D. MYERS, : IN THE COURT OF COMMON PLEAS OF ~(JG 0,, 8 2001 Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ft(~''~J~ v. :CIVIL ACTION -LAW "'\ ~ BARBARA CAVANAUGH, NO. ©L-~h~~ CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached Complaint, it is hereby duected that the parties and their respective counsel appear before Esquire, the conciliator, at ,Cumberland County, Pennsylvania, on the day of , 2001, at _.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. BY THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible Facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue CARLISLE, PA 17013 (717) 240-3166 GREGORY D. MYERS, Plaintiff v. BARBARA CAVANAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. OI-N6QZ CIVIL TERM IN CUSTODY COMPLAINT FOR CUST DY 1. Plaintiff is Gregory D. Myers, an adult individual currently residing at 1335 Goodyear Road, Gardners, Cumberland County, Pennsylvania. 2. Defendant is Barbara Cavanaugh, an adult individual currently residing at 315 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) child, namely, Megan Katherine Myers, born March 7, 1990. The child was born out of wedlock. 4. For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME Barbara Cavanaugh Jim Cavanaugh Barbara Cavanaugh Jim Cavanaugh Courtney Cavanaugh Barbara Cavanaugh Jim Cavanaugh Courtney Cavanaugh ADDRESS DATES 285 Willow Glen Road 1996 to Dillsburg, PA 17019 1997 35 Stoney Run Road, Apt. 2 1997 to Dillsburg, PA 17019 April 1999 1889 Douglas Drive April 1999 to Carlisle, PA 17013 July 1999 NAME Barbara Cavanaugh Jim Cavanaugh Courtney Cavanaugh Barbara Cavanaugh Jim Cavanaugh Courtney Cavanaugh Hayley Cavanaugh ADDRESS 1893 Esther Drive Cazlisle, PA 17013 315 North Hanover Street Cazlisle, PA 17013 DATES July 1999 to Februazy 2000 February 2000 to present The natural mother of the child is Barbara Cavanaugh who resides as aforesaid. She is married. The natural father of the child is Gregory D. Myers who resides as aforesaid, He is married. 5. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides alone with his wife, Sheila Myers. 6. The relationship of the Defendant to the child is that of natural mother. Defendant currently resides with her husband, Jim Cavanaugh, their two daughters, Courtney and Haylee Cavanaugh, and the child at issue. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. 8. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the child to grant the relief requested because: a) Plaintiff can provide a more stable and loving home environment for the child; b) The child has reported to Plaintiff, several school counselors and other adults that Defendant has physically and emotionally abused her; c) After investigating these allegations, Cumberland County Children and Youth Services determined there to be a need for continued agency services due to the unfounded physical abuse of the child, the domestic violence issues in the child's home, the need to learn different ways to discipline the child other than physical discipline and to provide consistencies between Plaintiff and Defendant's homes; d) Since the time of the parties' separation in 1991, Defendant has had primary physical custody of the child and Plaintiff has enjoyed regular overnight periods of partial physical custody of the child, several days per week; e) The child has expressed a sincere desire to live primarily in Plaintiff s residence; f) Plaintiff is more capable of providing for the financial, physical and emotional needs of the child; and g) Due to the emotional and physical abuse of the child by Defendant, Plaintiff does not believe it is in the best interest of the child to continue to reside primarily with Defendant. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time he should be granted primary physical custody of the child. Respectfully submitted, G(J~ ! Y I Marylou-lyYafas, Esquiir~ Attorney or laintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Cazlisle, PA 17013 (717) 243-5551 (800)347-5552 1 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. 0 D. MYER laintiff „~ c C ~ ~'~ ~~ ~ o ~ r, ~~_ r~ d ~ ~; ~' C -~C .: ;; i~ ~ , .~ _, -_, -"g -n .~' <~ sFp ~ ~ zoos- GREGORY D. MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2001-4692 CIVIL TERM CIVIL ACTION -LAW BARBARA CAVANAUGH. : IN CUSTODY Defendammt ORDER OF COURT AND NOW, this /'~' day of .P~.,rc..-Gv , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Gregory D. Myers and the Mother, Barbara Cavanaugh, shall have shared legal custody of Megan Katherine Myers, born March 3, 1990. 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 her health, education and religion. Mother shall have primary physical custody of the child. Father shall have periods of partial physical custody as follows: A. Every weekend, every month, except one weekend per month when the child is scheduled to sing in the church choir, from Saturday after church to Tuesday, at which time, Father will deliver the child to school. B. During Dad's vacations from work, except that the vacation time will not be two (2) consecutive weeks, unless otherwise agreed by the parties. C. Thanksgiving from 9:00 a.m. to 3:00 p.m. D. Easter beginning at 12:00 Noon. 4. The Christmas Holiday shall be in two Blocks. Block A shall commence December 24 at 10:00 a.m. and run until December 25 at 10:00 a.m. Block B shall be from December 25 at 10:00 a.m. to December 26 at 10:00 a.m. Mother shall always have physical custody of the child during Block A and Father shall always have physical custody of the child during Block B. 5. Father shall arrange for counseling for himself and the child and follow all recommendations of the counselor. 'nta3xx x»E v6 cn.taal +AAr^.,a e~:fs ^.o-=,..- z ~i~iV o~11 +1~5?dV~~,-~, t'. c~`7J ~,i ~ 4 6. Both parties shall assure that Megan's medication will be properly administered when she is in their physical custody. 7. Unless otherwise indicated elsewhere in this Order, the receiving party shall be responsible for transportation of the child, unless otherwise agreed by the parties. 9. Neither parent shall do or say anything nor let anyone in the child's presence to say or do anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the child's love and respect for the other parent. 10. This Order is entered pursuant to an agreement of the parties at the 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, cc: Marylou Matas, Esquire -Counsel for Father Lindsay Dare Baird, Esquire -Counsel for Mother ~-`' /+'"-~"-~-~-- 9- ~ 7- D/ ~~ t GREGORY D. MYERS, Plaintiff V. BARBARA CAVANAUGH, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001 - 4692 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH COUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Megan Katherine Myers March 7, 1990 Mother 2. A Conciliation Conference was held in this matter on September 12, 2001. Father, Gregory D. Myers, was present with counsel, Marylou Matas, Esquire. Mother, Barbara Cavanaugh, was present with counsel, Lindsay Dare Baird, Esquire. The parties agreed to entry of an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator