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HomeMy WebLinkAbout08-2407t. ERIC MYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. q07 e.L( lit -rt, JANELLE MILLER, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Eric Myers, an adult individual, residing at 1901 Pine Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Janelle Miller, an adult individual, residing at 15 West Butler Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. Plaintiff seeks custody of the following child: Name Present Residence Acme Lillie Ann Myers 15 West Butler Street, Mt. Holly Springs 2.5 Yrs. Cumberland County, Pennsylvania 17065 ( DOB 11/1/05) The child was born out of wedlock. The child is presently in the custody of Defendant who resides at aforesaid. During the past five years, the child has resided with the following persons and at the following addresses: Name Address Dates Janelle Miller 15 West Butler St. 3/2008-Present Mt. Holly Springs, PA SAIDIS, FLOWER & LINDSAY nears--AVnw 26 West High Street Carlisle, PA Eric Myers & Janelle Miller 15 West Butler St. 2/4/08-3/8/08 Mt. Holly Springs, PA Eric Myers & Janelle Miller 29 Etter Rd. 1/1/06-2/4/08 Newburg, PA Eric Myers, Janelle Miller 726 Bloserville Rd. 111/05 - 1/1/06 and Beverly & George Stets Newville, PA (maternal grandparents) t The mother of the child is Defendant, currently residing at aforesaid. She is single. The father of the child is Plaintiff, currently residing at aforesaid. He is single. 4. The relationship of Plaintiff to the child is that of natural father. He resides with his parents, Donald and Kathy Myers. 5. The relationship of Defendant to the child is that of natural mother. She currently resides with the minor child. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff can best provide for the child's spiritual, physical and emotional welfare. b. Plaintiff has been the child's primary care provider for the time periods that the parties resided together. C. Since the time that the parties have separated, Plaintiff has provided a more SAIDIS, LINDSAY nTrostv?ta,?:uw 26 West High Street Carlisle, PA stable residence for the child than Defendant. d. Since the parties separated, Plaintiff has returned to Defendant's residence to remove some of his belongings and discovered drugs and drug paraphernalia. e. Plaintiff is concerned for the child's health, safety and emotional welfare while in Defendant's care. e f. Plaintiff is concerned that Defendant has the child around unsafe individuals, including known felons or others who may be using drugs. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Plaintiff requests the Court to grant legal and primary physical custody of the child to him. SAIDIS, FLOWER & LINDSAY Mari d tas, Esquire I D No. 8 9 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 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. §4904, relating to unsworn falsifications to authorities. '00?? Eric Myers Date: ap'll-L I L41 oZO 0q SAMIS, FLOWER & LINDSAY nrrom?vs•Ar uw 26 West High Street Carlisle, PA N - 7.? n?e,i G-A:J TT 4i L frj ti "` T j :;J ERIC MYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2407 CIVIL ACTION LAW JANELLE MILLER IN CUSTODY DF,FEN DANT ORDER OF COURT AND NOW, Friday, April 18, 2008 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, y Courthouse, Carlisle on Tuesday, May 20, 2008 at 10:30 AM at 4th Floor, Cumberland Count- 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ zacqueline M. Verney, Esq. , Ad" Custody Conciliator f" The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 At?y C`. , 737z?ll 1 4 V --ffp(Z<7j, -nlrw ?e'40D E i ' : 8,Az 4 ERIC MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2008-2407 JANELLE MILLER Defendant IN CUSTODY STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between ERIC MYERS (hereinafter referred to as "Father") and JANELLE MILLER (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of the following one (1) child: Lillie Ann Myers, born November 1, 2005; WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their child; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1.) Joint Legal Custody. Mother and Father shall exercise shared legal custody of the child. 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 this paragraph each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. 2.) Physical Custody. Mother and Father shall exercise physical custody as follows: a.) Father shall exercise custody of the child every Monday at noon through Wednesday at 8:00 am; b.) Mother shall exercise custody of the child from Wednesday at 8:00 am through Friday at noon; c.) The parties shall alternate custody of the child on weekends from Friday at noon through Monday at noon. d.) If Mother is working during the day on Wednesdays, Father shall provide care for the child if he is available. 3.) Vacation. Each parent shall be entitled to take at least one (1) vacation with the child, each vacation period to extend for seven (7) consecutive days. Said vacation should begin on a parent's regularly scheduled period of custody. The vacationing parent shall provide thirty (30) days notice of the requested vacation time to the other parent. If both parents have chosen the same time for vacation, the first parent to have chosen the time shall prevail. 4.) Alternate Holidays: Each parent shall also have the right of partial custody on alternate holidays throughout the year the holidays being: Memorial Day, the Independence Day holiday, and Labor Day. Custody on these holidays shall be exercised from 9:00a.m. until 7:00 p.m. with Father to have custody on the first holiday, that being the New Year's Day holiday. The parties shall alternate custody on alternate holidays thereafter. In the event that a parent who would otherwise have custody of the child during a weekend which immediately precedes or follows one of the alternating holidays on which that same parent would also have custody, the parent need not relinquish custody until the conclusion of the entire three day period. a.) Thanksgiving: In odd numbered years, the child shall spend Thanksgiving Day from 7:00 p.m. the Wednesday prior to Thanksgiving until 7:00 p.m. Thanksgiving Day with Father. In even numbered years, the child shall spend Thanksgiving from 7:00 p.m. Wednesday prior to Thanksgiving until 7:00 p.m. with Mother. b.) Christmas: In odd numbered years, Mother shall have custody of the child from 8:00 p.m. on December 24th until 8:00 p.m. on Christmas Day. In even numbered years, Father shall have custody of the child from 8:00 p.m. on December 24th until 8:00 p.m. on Christmas Day. The balance of the Christmas holiday and the child's time off from school during this time shall be divided according to the parties' work schedule as the parties agree. C.) Mother's Day/Father's Day: Mother shall always have the right of partial custody on Mother's Day. Father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9:00 in the morning until 7:00 in the evening. d.) Holidays a priority: The periods of partial custody for holiday, vacations, or other special days set forth in this order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this Order. Holidays and other special days for custody set forth in this order shall take precedence over vacations. 5) Transportation: Unless otherwise provided for in this Order, transportation of the child shall be shared by the parties, with the parent who is to receive custody at the time of exchange to provide for transportation from the residence of the other parent, or the childcare provider if the child is being picked up from the childcare directly. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child. 6.) Illness of Child. Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so that the other parent can become involved in the decision making process as soon as practical. It is the responsibility of the parent in custody to take the child to the physician, dentist or other healthcare provider and to make payment for any necessary out of pocket or uninsured co-pay and prescription required at the time of the visit. The term "serious illness" as used herein shall mean any disability which confines the 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. 7.) Smoke/Drink/Illegal Substances: No party shall smoke in any part of a confined area with the child present and neither party shall permit another person to smoke in any part of a confined area with the child present. No party shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the child, and no party shall be under the influence of illegal substances when in the presence of the child. 8) Criminal Conduct: Neither parent shall knowingly permit a felon or person with criminal charges involving crimes against children into their residence while exercising custody of the child. 9.) Disparaging Remarks. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, A or which may hamper the free and natural development of the child's love and affection for the other party. 10.) Modification of the Order. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 11.) The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child. 12.) The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 13.) The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: ERIC MYERS JA, LLE MILL j MAY 21 2008 ERIC MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2407 CIVIL ACTION - LAW JANELLE MILLER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 20th day of May, 2008, the parties have agreed to a stipulated Order, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ac eline M. Verney, Esquire, Cu ody Conciliator na m --r Hi NO -T? R it ) y MAY 8 720118 /W ERIC MYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. CIVIL ACTION - LAW NO. 2008-2407 JANELLE MILLER Defendant IN CUSTODY ORDER And now this Z 9` day of May, 2008, the attached Custody Stipulation and Agreement is hereby entered as an Order of Court. Cc:'" Marylou Matas, Esquire Z Plaintiff nelle Miller, Pro se F f-ex rnovtL d' . r1a9/013 ?'Ivy) By the Judge: OF THE r:f ' 2609 MAY 29 AN 9: 159 I p'ISVILA ?rF ,1?'! ERIC MYERS, IN THE COURT OF COMMON PLEAS Respondent/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-2407 CIVIL TERM I A? ,-.., C: cz? JANELLE MILLER, Petitioner/Defendant CUSTODY 'Tl C r r, PETITION FOR MODIFICATION -.-, Petitioner, Janelle Miller, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Mother, resides at 277B East Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent, Eric Myers, hereinafter referred to as Father, resides at 1901 Pine Road, Newville, Cumberland County, Pennsylvania 17241. 3. The above-named parties are the natural parents of Lillie Ann Myers, born November 1, 2005. 4. A custody order was entered in this case on May 29, 2008 by The Honorable Kevin A. Hess. The Order, in pertinent part, gives the parties shared legal custody. Mother and Father shared physical custody where Father exercised custody every Monday at noon through Wednesday at 8:00 a.m. and Mother exercised custody from Wednesday at 8:00 a.m. through Friday at noon. The parties alternated custody of the child on weekends from Friday at noon through Monday at noon. 5. Mother is entitled to a modification of the current order, which is in Lillie's best interest, for reasons including but not limited to the following: a. Father's current behavior demonstrates an inability to properly care for Lillie on a shared or partial custody basis. i. Father has admitted to Mother that he is addicted to heroin. ii. An incident on April 13, 2011 during which Father was found by police to be in possession of several hypodermic needles and was charged with possession of drug paraphernalia lends itself to Mother's belief that Father's addiction is current rather than in recovery. iii. Father recently attempted rehabilitation at White Deer Run Treatment Center but checked himself out of the program after two weeks. b. Father has been unable to demonstrate the stability that will be necessary for Lillie when she begins kindergarten in the fall of 2011. i. Father has consistently failed to take Lillie to her Head Start program for various reasons including lack of transportation and lack of gas. ii. Father has frequently called Mother to get Lillie from Head Start during his custody periods because he had other things to do. iii. Father has not been involved in scheduling or attending doctors' appointments for Lillie. iv. Father has missed Lillie's school related meetings and her kindergarten registration. 6. Counsel for Mother has contacted Attorney Matas who previously represented Father. Attorney Matas does not currently represent Father and does not know whether he will be retained for further representation. As such, Counsel for Mother is unable to determine whether there is concurrence with the relief requested. WHEREFORE, Mother respectfully requests that this Court find the following: a. That this matter be scheduled for a custody conciliation conference. b. That Mother is entitled to a modification of the May 29, 2008 Order to grant her primary physical custody of Lillie. c. That the parties shall continue to share legal custody of Lillie. e. That Father's visits with the child shall be supervised by Lillie's paternal grandparents and occur at times mutually agreed to by Mother, Father, and the paternal Grandparents. d. The parties shall have reasonable contact when Lillie is in the other parent's custody. e. That there shall be a holiday schedule in place to ensure that both parties are able to celebrate holidays with Lillie. f. Any other relief this Court finds just and proper. ResAennLeggal ubmitt JesEsquire Mid Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PETITIONER, Janelle Miller, verifies that the statements made in the above Petition for modification are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: oh lux- A LLE MILLE r MAY 2 72008 ERIC MYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. CIVIL ACTION - LAW NO. 2008-2407 JANELLE MILLER Defendant IN CUSTODY ORDER And now this Z V*' day of May, 2008, the attached Custody Stipulation and Agreement is hereby entered as an Order of Court. Cc:" Marylou Matas, Esquire Plaintiff Janelle Miller, Pro se leaieS mzt tLZIL 1 ?? ??l (b 1 -1 A By the Judge: ERIC MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2008-2407 JANELLE MILLER Defendant IN CUSTODY STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between ERIC MYERS (hereinafter referred to as "Father") and JANELLE MILLER (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of the following one (1) child: Lillie Ann Myers, born November 1, 2005; WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their child; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1.) Joint Legal Custody. Mother and Father shall exercise shared legal custody of the child. 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 this paragraph each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. 2.) Physical Custody. Mother and Father shall exercise physical custody as follows: a.) Father shall exercise custody of the child every Monday at noon through Wednesday at 8:00 am; b.) Mother shall exercise custody of the child from Wednesday at 8:00 am through Friday at noon; c.) The parties shall alternate custody of the child on weekends from Friday at noon through Monday at noon. d.) If Mother is working during the day on Wednesdays, Father shall provide care for the child if he is available. 3.) Vacation. Each parent shall be entitled to take at least one (1) vacation with the child, each vacation period to extend for seven (7) consecutive days. Said vacation should begin on a parent's regularly scheduled period of custody. The vacationing parent shall provide thirty (30) days notice of the requested vacation time to the other parent. If both parents have chosen the same time for vacation, the first parent to have chosen the time shall prevail. 4.) Alternate Holidays: Each parent shall also have the right of partial custody on alternate holidays throughout the year the holidays being: Memorial Day, the Independence Day holiday, and Labor Day. Custody on these holidays shall be exercised from 9:00a.m. until 7:00 p.m. with Father to have custody on the first holiday, that being the New Year's Day holiday. The parties shall alternate custody on alternate holidays thereafter. In the event that a parent who would otherwise have, custody of the child during a weekend which immediately precedes or follows one of the alternating holidays on which that same parent would also have custody, the parent need not relinquish custody until the conclusion of the entire three day period. a.) Thanksgiving: In odd numbered years, the child shall spend Thanksgiving Day from 7:00 p.m. the Wednesday prior to Thanksgiving until 7:00 p.m. Thanksgiving Day with Father. In even numbered years, the child shall spend Thanksgiving from 7:00 p.m. Wednesday prior to Thanksgiving until 7:00 p.m. with Mother. b.) Christmas: In odd numbered years, Mother shall have custody of the child from 8:00 p.m. on December 24th until 8:00 p.m. on Christmas Day. In even numbered years, Father shall have custody of the child from 8:00 p.m. on December 24`h until 8:00 p.m. on Christmas Day. The balance of the Christmas holiday and the child's time off from school during this time shall be divided according to the parties' work schedule as the parties agree. C.) Mother's Day/Father's Day: Mother shall always have the right of partial custody on Mother's Day. Father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9:00 in the morning until 7:00 in the evening. d.) Holidays a priority: The periods of partial custody for holiday, vacations, or other special days set forth in this order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this Order. Holidays and other special days for custody set forth in this order shall take precedence over vacations. 5) Transportation: Unless otherwise provided for in this Order, transportation of the child shall be shared by the parties, with the parent who is to receive custody at the time of exchange to provide for transportation from the residence of the other parent, or the childcare provider if the child is being picked up from the childcare directly. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child. 6.) Illness of Child. Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so that the other parent can become involved in the decision making process as soon as practical. It is the responsibility of the parent in custody to take the child to the physician, dentist or other healthcare provider and to make payment for any necessary out of pocket or uninsured co-pay and prescription required at the time of the visit. The term "serious illness" as used herein shall mean any disability which confines the 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. 7.) Smoke/Drink/Illegal Substances: No party shall smoke in any part of a confined area with the child present and neither party shall permit another person to smoke in any part of a confined area with the child present. No party shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the child, and no party shall be under the influence of illegal substances when in the presence of the child. 8) Criminal Conduct: Neither parent shall knowingly permit a felon or person with criminal charges involving crimes against children into their residence while exercising custody of the child. 9.) Disparaging Remarks. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 10.) Modification of the Order. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 11.) The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child. 12.) The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 13.) The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: l ERIC MYERS G E MILL 01111- LL ERIC MYERS, IN THE COURT OF COMMON PLEAS Respondent/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-2407 CIVIL TERM JANELLE MILLER, Petitioner/Defendant CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Janelle Miller, hereby certify that I have served a copy of the forgoing Petition for Modification by: USPS First Class Mail, Certified Mail, Electronic Receipt Requested: Eric Myers 1901 Pine Road Newville, PA 17241 Marylou Matas, Esquire 26 West High Street Carlisle, PA 17013 Date: (0?o' -%k 401 East Louther Street Carlisle, PA 17013 (717)243-9400 r (y ERIC MYERS, IN THE COURT OF COMMON PLEAS Respondent/Plaintiff CUMBERLAND COUNTY, PENNSYLVANI A VS. NO. 2008-2407 CIVIL TERM JANELLE MILLER, Petitioner/Defendant CUSTODY C= O ,eY cM, PRAECIPE TO PROCEED IN FORMA PAUPERIS =_ = C-D To the Prothonotary : Kindly allow, Janelle Miller, Petitioner, to proceed in forma ap uperis. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am prov}dirjg free legal services to the party. Jessi ls't?Esquire Mid e Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ERIC MYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2407 CIVIL ACTION LAW Z -? - T arm JANELLE MILLER ?C> IN CUSTODY 0? o = DEFENDANT 3s in 220 Z a-n Z© 3+? ma OM ORDER OF COURT N 0 _ AND NOW, Wednesday, June 29, 2011 , upon consideration of the attached. Comp laint, 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, July 20, 2011 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 heariniz. FOR THE COURT, By: /s/ Jacqueline M. Verney, Es"_ Custody Conciliator l The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE, YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street ? C'e?? eon mal le c/ Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MCI V e.-» - J - cO e r/ll,??r 0o ILED-0Fl= I ,E OF THE C'RFT JCHOT ;R "' 2011 JUL 19 PM 1: VCOUNTY CUMBERLAND ` ERIC MYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08-2407 CIVIL TERM JANELLE MILLER, CUSTODY Defendant STIPULATION FOR ENTRY OF AN AGREED ORDER OF CUSTODY AND NOW, this day of July, 2011, Plaintiff, (hereinafter "Father") and Defendant (hereinafter "Mother"), having reached an agreement regarding custody and the best interest and welfare of their minor child, they hereby stipulate and agree as follows: 1. Legal Custody: The parties will share joint legal custody of Lillie Myers, born November 1, 2005. The parties agree that major decisions concerning Lillie, including, but not necessarily limited to, Lillie's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in Lillie's best interest. Each party agrees not to impair the other party's rights to shared legal custody of Lillie. Each party agrees not to attempt to alienate the affections of Lillie from the other party. Each party shall notify the other of any activity or circumstance concerning Lillie 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 Lillie 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 authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding Lillie back in school, authorizing enrollment in college, authorizing Lillie's driver's license or purchase of an automobile, authorizing employment, authorizing Lillie's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. The parties agree to the following physical custody schedule regarding Lillie: a. Mother shall have primary physical custody of Lillie. b. Father shall have periods of partial physical custody as follows: WHEREFORE, the parties request that this Honorable Court confirm this Stipulation in an Order Confirming Custody. Carlisle, PA 17013 (717) 243-9400 Attorney for Defendant i. Alternating weekends from Friday at 4:00 p.m. until Sunday at 6:00 p.m. further order of court. ii. The Monday after Mother's weekend from 4:00 p.m. until Tuesday at 6:00 p.m. Father will be responsible for getting Lillie to school on Tuesday morning and picking her up from school Tuesday afternoon until Lillie returns to Mother on Tuesday evening. iii. Any other times as agreed to by the parties. Transportation shall be shared by the parties with the receiving party providing transportation. The parties intend to parent Lillie with friendly cooperation and in a spirit of compromise and flexibility. Any conflicts will be governed by the Agreement, should any occur. 3. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well- being of Lillie, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from Lillie's schools, physicians, psychologists, or other individuals concerning her progress and welfare. 4. The parties agree that they will work together to establish a schedule to share time on holidays to ensure that Father and Mother are able to celebrate with Lillie. a. Easter: In even numbered years, Father shall have Lillie from 8:00 a.m. until I:00 p.m. and Mother shall have Lillie from 1:00 p.m. until 8:00 p.m. In odd numbered years, Mother shall have Lillie from 8:00 a.m. until 1:00 p.m. and Father shall have Lillie from 1:00 p.m. until 8:00 P.M. b. Memorial Day: In even numbered years, Mother shall have Lillie from 9:00 a.m. until 6:00 p.m. and in odd numbered years and Father shall have Lillie from 9:00 a.m. until 6:00 p.m. c. July 4'h: In even numbered years, Father shall have Lillie from 9 00 a.m. until 6:00 p.m. and in odd numbered years, Mother shall have Lillie from 9:00 a.m. until 6:00 p.m. d. Labor Day: In even numbered years, Mother shall have Lillie from 9:00 a.m. until 6:00 p.m. and in odd numbered years, Father shall have Lillie from 9:00 a.m. until 6:00 p.m. e. Thanksgiving: In even numbered years, Father shall have Lillie from 8:00 a.m. until 2:00 p.m. and Mother shall have Lillie from 2:00 p.m. until 12:00 noon the day after Thanksgiving. In odd numbered years, Mother shall have Lillie from 8:00 a.m. until 2:00 p.m. and Father shall have Lillie from 2:00 p.m. until 12:00 noon the day after Thanksgiving. f Christmas: In even-numbered years, Father shall have Lillie from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon and Mother shall have Lillie from 12:00 noon Christmas Day until December 26th at 12:00 noon. In odd numbered years, Mother shall have Lillie from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon and Father shall have Lillie from 12:00 noon Christmas Day until December 26th at 12:00 noon. g. New Year's: In even numbered years, Mother shall have Lillie from December 31St at 6:00 p.m. until January 1St at 12:00 noon and in odd numbered years, Father shall have Lillie from December 31S` at 6:00 p.m. until January 1St at 12:00 noon. The December 31St year shall control the even/odd determination. h. Mother will have physical custody of Lillie on Mother's Day and Father will have physical custody of Lillie on Father's Day. On either day, the parent shall have Lillie from 9:00 a.m. until 6:00 p.m. i. Lillie's Birthday: Mother and Father will work together to ensure that when Lillie's birthday is during a weekday (Monday through Friday), the non-custodial parent will have at least one hour with Lillie on her birthday. When Lillie's birthday is during a weekend (Saturday or Sunday), the non-custodial parent will have at least three hours with Lillie on her birthday. J. The holiday schedule outlined above will take precedence over the regular custody schedule. All other holidays not outlined above are subject to the regular custody schedule or other agreement of the parties. 5. Vacation: With thirty (30) days notice, each parent shall be allowed to choose a two non-consecutive weeks for summer vacation. Mother shall have the first choice in even-numbered years and Father shall have the first choice in odd-numbered years. Each parent shall provide the other with a travel itinerary including dates/times of travel, means of travel (plane, train, car, bus), the address where Lillie will be staying, who will be staying with her and a contact telephone number. 6. Mother and Father shall permit and support Lillie's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc., shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time and date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for Lillie which might interfere with regular visitation. 7. Each parent will exercise care in screening babysitting/childcare providers. The telephone numbers of these providers will be provided to both parents. Parents should provide one another with a phone number and address where Lillie may be contacted at all times whenever reasonably possible. Each parent should be promptly and politely responsive to the other parent's telephone calls. 8. During any period of custody or visitation, the parties to this Order shall not possess or use any controlled substance or illegal substance, nor shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 9. Telephone contact: Each parent shall be entitled to reasonable telephone contact with Lillie, which shall not be excessive. 10. Neither parent shall permanently relocate without a court order or a signed agreement. 11. No Conflict Zone: Neither party may say or do anything nor permit a third party to do or say anything that may estrange Lillie from the other party, or injure Lillie's opinion as to the other party or may hamper the free and natural development of Lillie's love and affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the child. 12. The parties shall be entitled to custodial time outside the parameters of this Agreement so long as the parents agree to such changes or additions to the regular custody schedule. The parties also recognize that by agreement, they may make any changes, alterations or additions to any portion of this Agreement. In the case of a disagreement regarding such changes, the parties shall follow the custody schedule as outlined in this Agreement. ERIC MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2407 CIVIL ACTION - LAW JANELLE MILLER, : IN CUSTODY Defendant as c.. -rm rte- roe-; cn r- -<3> O M ORDER OF COURT - Vic', maC-, v -- c AND NOW, this 20th day of July, 2011, having been advised that the parties IrAve:37r, reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Esq, Cus dy Conciliator uire Jac eline M. Verney, Y ERIC MYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2407 CIVIL TERM Cl) JANELLE MILLER, 3 CUSTODY Defendant 2CM r r M n C) ° r+z: c c) -tom = --n :z `-a a ° 5c: rra ORDER cn --4 AND NOW, this Zo, day of July, 2011, on consideration of the attached Stipulation for Entry of an Agreed Order of Custody, it is hereby ORDERED and DECREED that the terms and conditions of the aforementioned stipulation are hereby entered as an Order of Court. ? Mid Penn L49TJ SVCS Vol Erie Myers opies ?failil BY THE COURT: