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HomeMy WebLinkAbout07-4757i R WANDA S. MYERS, Plaintiff vs. STEVEN MYERS, Defendant AND NOW, this \ consideration of the attached complaint, it is IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. d7 - y? ~ ~ Civil Term ACTION IN CUSTODY ORDER OF COURT day of , 2007, upon directed that the parties and their respective counsel appear before , Esquir , he conciliator, at ,Pennsylvania, on ,the day of 2007, at o'clock .m. for a Pr Baring Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or i is cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary ord 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 Prote 'on from Abuse orders, Special Relief Orders, and Custody Orders to the conciliator 48 hours prior to schedu hearing. FOR THE COURT, ,~ By Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 WANDA S. MYERS, Plaintiff vs. STEVEN MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 4 '~- `~ ~ 6 ~ Civil Term ACTION IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Wanda S. Myers, who currently resides at 1310 Zimmerman Road, Carlisle, Cumberland County; Pennsylvania, 17013. 2. Defendant is Steven Myers, who currently resides at 12054 Sandy Mountain Road, Orrstown, Franklin County, Pennsylvania, 17244. 3. Plaintiff is the Mother of the following children and seeks a custody order regarding the following children: NAME DOB/AGE ADDRESS Jesse R. Myers 4/20/94 (13) 1310 Zimmerman Road Carlisle, Pa. 17013 Joshua D. Myers 4/20/94 (13) 1310 Zimmerman Road Carlisle, Pa. 17013 Mother and Father married on June 23, 1990. Mother currently has primary physical custody of the children. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Wanda S. Myers 1310 Zimmerman Road June 8, 2007 -present. Pearl Ditmer (aunt) Carlisle, Pa. 17013 Russell Ditmer (uncle) Jeff Ditmer (cousin) Wanda S. Myers 12054 Sandy Mountain Rd. 2002 -June 8, 2007. Steven Myers Orrstown, Pa. 17244 The mother of the children is Wanda S. Myers. She currently resides at 1310 Zimmerman Road, Carlisle, Pa. 17013. She is married to Steven Myers. The father the children is Steven Myers. He currently resides at 12054 Sandy Mountain Road, Orrstown, Pennsylvania, 17244. He is married to Wanda Myers. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with her aunt, uncle, cousin, and the children. 5. The relationship of defendant to the child is that of Father. The defendant currently lives alone. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the children or anyone who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated June 8 2007. Since separation Mother has maintained primary custody of the children. Mother is requesting a custody order based on the parties' agreement, which would confirm that she has primar~physical custody would rp ovide for shared legal custody, and periods of partial custody for Father as the parties agree Mother believes that such an order would be in the best interest of the children because it would provide stability for the children. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the children. oae g /~ 7 Respectfully submitted, e Adams, Esquire .D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date:~C~-l ~~ ` ~od ~~ Wanda Myers, Plaintiff ~ ~ _~ ~ ~ ~~ ~ - ~ =; ~ ., W. ~ , A~ ~ ~ ~ ~ r .D ~ D _ = - ; D , ~ r..~ ., ~ _~ r' _ .. -: rv _ .~ ~~ K -- ~ WANDA S. MYERS, Plaintiff vs. STEVEN MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.aR _c~~ ~n Civil Term ACTION IN CUSTODY STIPULATION AND CUSTODY AGREEMENT S~ This Stipulation and Custody Agreement is made this} day of ~ C , 2007, by and between Wanda S. Myers, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and Steven Myers, (Hereinafter referred to as "Father"), of Orrstown, Franklin County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of two children, namely, Jesse R. Myers, date of birth, April 20, 1994, age 13; and Joshua D. Myers, date of birth, April 20, 1994, age 13; and WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of each child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to each child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving each child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the children, as that term is defined in the custody act, shall be with Mother. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have liberal periods of partial custody with the children as follows: a. Father shall have a period of partial custody with the children every other weekend, beginning July 27, 2007, from Friday at 5:00 p.m. through Sunday at 6:00 p.m. b. Father shall be entitled to an additional block of time with the children on all major holidays, including Easter, Thanksgiving, and Christmas, and other holidays, as the parties mutually agree. c. Each party shall be entitled to one week vacation with the children, consisting of six overnights, during the summer, provided thirty (30) days notice is provided to the other party. d. Neither party shall consume alcohol or any other intoxicating substances, For a period of eight hours before and/or during their period of physical custody with the children. If a party has reasonable belief that the other party is under the influence of alcohol or any other intoxicating substance while caring for the children, they may immediately assume physical custody of the children. e. Nothing in this stipulation shall prevent Father from having additional periods of physical custody with the children, than as provided in this stipulation, upon mutual agreement of the parties. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is relinquishing custody of the children to provide transportation. At all times, all children shall be secured in appropriate passenger restraints. Neither party shall consume alcohol before transporting the children. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of a Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any lime, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Children to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: e Adams, Esquire S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Mother Michael Whare, E wire 37 East Pomfret St. Wanda Myers, Mother Date: ~ ~.,~ ~ ~ - ~, ~ ~~ Steven Myers, Father Carlisle, Pa. 17013 (717) 245-9622 Attorney for Father n ~ :-~-. C ``~ "'~ -., t' r - ~ ~ e.: `.. ' ~ _' ~' rzt -.... r -- -.... -~-, ~ ;r, ` © _ ~` :; , ~ ; _ ~ f ~ <.- l -t~ i_, .~ -. ~ \/ .~~Y-~ ~w ~*.J T AUG 1420D7 WANDA S. MYERS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. U~ _c~~ ~ ~ Civil Term STEVEN MYERS, :ACTION iN CUSTODY Defendant ORDER ~h S' AND NOW, this ~ 5 day of ~~ 9~ ST , 2007, having reviewed the attached agreement between the parties dated July 31, 2007, it is hereby ORDERED and DECREED as follows: 1. Wanda S. Myers and Steven Myers shall share legal custody of their children, Jesse R. Myers, born 4/20/94 and Joshua D. Myers, born 4/20/94. 2. Wanda S. Myers shall have primary custody of the children, and Steven Myers shall have periods of partial physical custody as the parties mutually agree. 3. The parties' agreement, dated July 31, 2007, shall be entered as an Order of Court. ~~ ~k cc: mane Adams, Esquire, for mother ~chael Whare, Esquire, for father ~y ~ }~,r~i"^'s' ~'. !L1 F~ ~ ~ ~j~~ ~~~^~ ~~ .~t ~ (i