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HomeMy WebLinkAbout08-7421 N Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street -ry rr N New Cumberland, PA 17070 j t (717) 774-1445 " DANIEL E. MYERS and IN THE COURT OF COMMON PhEAS ; , PATRICIA A. MYERS, CUMBERLAND COUNTY, PENNS T M AN IA -' Plaintiffs C-) `I] X._ v. CIVIL ACTION -CUSTODY LUCAS L. MYERS and NIKKI F. STUM, Defendants NO. CUSTODY COMPLAINT 1. The Plaintiffs are Daniel E. Myers and Patricia A. Myers (hereinafter referred to as "Maternal Grandparents"), who currently reside at 34 Bourbon Red Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Patricia A. Myers is the natural Mother of Defendant, Nikki F. Stum and Daniel E. Myers is her Stepfather. 2. The Defendant is Lucas L. Myers (hereinafter referred to as "Father"), is in Perry County Prison. Prior to incarceration, he had no known permanent address. 3. The Defendant is Nikki F. Sturn (hereinafter referred to as "Mother), is currently in Cumberland County. Prior to incarceration, she had no known permanent address. 4. Plaintiffs seek an order of legal and physical custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH Harleigh Springer-Levi Myers 34 Bourbon Red Drive June 8, 2008 Mechanicsburg, PA 17050 5. The child is presently in the custody of Plaintiffs who are currently residing at 34 Bourbon Red Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 6. Since the child's birth, the child has resided with the following persons at the following addresses: DATES 6/8/08 to 9/08 9/08 to 11/08 11/08 to 12/15/08 ADDRESSES Address unknown Perry County, PA IN HOUSEHOLD Unknown, Mother, Father Thundergust Road Warrington Township, PA 2443 Derry Street Harrisburg, PA Mother, Father, Father's Father and his Stepmother, and an unrelated third party Mother, Father and baby with unrelated third party Amy (last name unknown) 12/15/08 to present 34 Bourbon Red Drive Maternal Grandparents Mechanicsburg, PA 17050 Maternal Grandparents had the child every weekend from her birth until the end of August, 2008. Thereafter, they have had alternating weekends. 2 7. The Father of the child is Lucas L. Myers, who is currently incarcerated at the Perry County Prison. 8. The Mother of the child is Nikki F. Stum, who is currently incarcerated at the Cumberland County Prison on a warrant from Perry County. Defendants are unmarried. 9. The relationship of the Plaintiffs to that of the child is that of Maternal Grandparents. The Plaintiffs currently reside with the following persons: NAME RELATIONSHIP Harleigh Springer-Levi Myers Grandchild Rebecca Myers Daughter (who is attending College) 10. The relationship of the Defendants to the child is that of Father and Mother. The Defendants are both currently incarcerated. 11. Plaintiffs have 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. 3 12. The Plaintiffs have no information of any custody proceeding concerning the child occurring or pending in any court of this Commonwealth. 13. Plaintiffs do 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. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiffs are able to provide a stable, warm, clean and stimulating environment for their grandchild. Children & Youth Services have been involved at the baby's birth due to narcotics in her system. Defendants have had no stable household, are subject to repeated criminal arrest, the most recent which are resulting in their incarceration in Prison. Defendants have ignored safety concerns for the child, choosing to transport her in an uninspected vehicle with Mother having no valid license. Defendants' employment has been erratic and they have been unable to provide the child with appropriate needs in a sanitary environment. The child is very familiar and bonded with Plaintiffs and Plaintiffs have had custody of the child during the period of June through August every weekend from Friday to Sundays and on an alternating weekend basis. 15. 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. 4 WHEREFORE, the Plaintiffs request the Court to grant shared legal and physical custody of the child to the Plaintiffs. DATE: December 22, 2008 ( Bar ara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 5 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DANIEL E. MYERS and, IN THE COURT OF COMMON PLEAS PATRICIA A. MYERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION -CUSTODY LUCAS L. MYERS and NIKKI F. STUM, Defendants NO. VERIFICATION We, Daniel E. Myers and Patricia A. Myers, hereby certify that the facts set forth in the foregoing Custody Complaint are true and correct to the best of our knowledge, information and belief. We understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: / a a U C DANIEL E. MYERS PATRICIA A. MYER ,.? r +'"?' ?- _; ?' . ? ?' ,,,,, t'Z `,,, ?^?y "- f 1 ?? ?.. f?^ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DANIEL E. MYERS and, : IN THE COURT OF COMMON PLEAS PATRICIA A. MYERS, Plaintiffs v. LUCAS L. MYERS and NIKKI F. STUM, Defendants CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY . NO. PETITION FOR EMERGENCY RELIEF 1. Petitioners are Daniel E. Myers and Patricia A. Myers, natural mother and stepfather of Defendant, Nikki F. Stum. They are the Maternal Grandparents of the child, Harleigh Springer-Levi Myers (DOB: June 8, 2008). 2. The child's natural Mother is Respondent Nikki F. Stum, an individual currently incarcerated in Cumberland County Prison on recent charges stemming from District Justice Frownfelter, Magisterial District Judge 41-3-05 Perry County. She is currently incarcerated on charges of theft by deception and receiving stolen property. Her preliminary hearing is scheduled for December 23, 2008. 3. The child's natural Father is Respondent Lucas L. Myers, an individual currently incarcerated in Perry County Prison for receiving stolen property. He is incarcerated on a bench warrant and arrest warrant. He also has charges pending on theft by deception, receiving stolen property, and criminal attempt to commit theft. His preliminary hearing on those later charges is scheduled for January 14, 2009. 4. Since the child's birth, Petitioners had custody of the child every weekend until the end of August and on alternating weekends since September to the present. 5. The child is in the present custody of the Petitioners. The child had been in the custody of Petitioners for the weekend. At the conclusion of that custodial period, the Respondents were arrested. The child was left in their custody by the Lower Allen Police after the arrests of the Respondents on Monday, December 15, 2008. 6. No proceedings regarding the child has occurred. 7. A Custody Complaint has been filed simultaneously with this Emergency Petition seeking to confirm custody in the maternal grandmother and her husband. A copy of this Complaint is attached hereto as Exhibit "A." 8. At the time of the child's birth, Children and Youth Services were involved with the case due to the child being born with narcotics in her system. 2 9. It is expected that Respondent Myers will not be released for some time. The disposition of Respondent Stum's case is uncertain. She has a preliminary hearing on December 23, 2008. 10. Petitioners are concerned that upon her eventual release from prison, Respondent Mother will remove the child from their home and return the child to a vagabond lifestyle. The Respondents have no home or other stable environment. The parties have lived in various places since the baby' birth on June 8, 2008. 11. Petitioners have been advised that after being evicted from their latest property in Harrisburg, the intention of the parties may be or have been to live in their car, which car was in a deplorable condition. The car has no valid inspection and Respondent, Nikki F. Stum has no valid driver's license. 12. Petitioners are able to give the child a sanitary, warm and established environment. 13. Petitioners have taken steps to continue medical care for the child and to enroll the child in a state improved daycare while they work. 14. Petitioners provide stimulation and good physical care for their granddaughter, which care they believe that Respondents are presently unable to provide. 3 15. Petitioner has been in contact with Respondent, Lucas L. Myers who will be incarcerated for some time. He expressed concurrence with Petitioners' care for the child. 16. Petitioners are concerned that if after Respondent Mother's preliminary hearing scheduled for December 23, 2008, she is released pending trial on her charges of theft by deception and receiving stolen property, she may come and remove the child from Petitioner's home. This would not be in the best interest of the child. 17. No Judge has been assigned to this matter. 18. No concurrence of Respondents has been received. WHEREFORE, pending conciliation and further order of court, Petitioners request that legal and physical custody of the child be confirmed in them. DATE: r a/a ; , 2008 Barbara $umple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 4 EXHIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DANIEL E. MYERS and, : IN THE COURT OF COMMON PLEAS PATRICIA A. MYERS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION -CUSTODY LUCAS L. MYERS and NIKKI F. STUM, : Defendants NO. ORDER OF COURT AND NOW, this day of '2008, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 20_, at _.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the American 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 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 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DANIEL E. MYERS and, IN THE COURT OF COMMON PLEAS PATRICIA A. MYERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION -CUSTODY LUCAS L. MYERS and NIKKI F. STUM, Defendants NO. CUSTODY COMPLAINT 1. The Plaintiffs are Daniel E. Myers and Patricia A. Myers (hereinafter referred to as "Maternal Grandparents"), who currently reside at 34 Bourbon Red Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Patricia A. Myers is the natural Mother of Defendant, Nikki F. Stum and Daniel E. Myers is her Stepfather. 2. The Defendant is Lucas L. Myers (hereinafter referred to as "Father"), is in Perry County Prison. Prior to incarceration, he had no known permanent address. 3. The Defendant is Nikki F. Stum (hereinafter referred to as "Mother), is currently in Cumberland County. Prior to incarceration, she had no known permanent address. 4. Plaintiffs seek an order of legal and physical custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH Harleigh Springer-Levi Myers 34 Bourbon Red Drive June 8, 2008 Mechanicsburg, PA 17050 5. The child is presently in the custody of Plaintiffs who are currently residing at 34 Bourbon Red Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 6. Since the child's birth, the child has resided with the following persons at the following addresses: DATES 6/8/08 to 9/08 ADDRESSES Address unknown Perry County, PA NAMFSOFPERSONS W HOUSEHOLD Unknown, Mother, Father 9/08 to 11/08 11/08 to 12/15/08 Thundergust Road Warrington Township, PA 2443 Derry Street Harrisburg, PA Mother, Father, Father's Father and his Stepmother, and an unrelated third party Mother, Father and baby with unrelated third party Amy (last name unknown) 12/15/08 to present 34 Bourbon Red Drive Maternal Grandparents Mechanicsburg, PA 17050 Maternal Grandparents had the child every weekend from her birth until the end of August, 2008. Thereafter, they have had alternating weekends. 2 7. The Father of the child is Lucas L. Myers, who is currently incarcerated at the Perry County Prison. 8. The Mother of the child is Nikki F. Stum, who is currently incarcerated at the Cumberland County Prison on a warrant from Perry County. Defendants are unmarried.. 9. The relationship of the Plaintiffs to that of the child is that of Maternal Grandparents. The Plaintiffs currently reside with the following persons: NAME RELATIONSHIP Harleigh Springer-Levi Myers Grandchild Rebecca Myers Daughter (who is attending College) 10. The relationship of the Defendants to the child is that of Father and Mother. The Defendants are both currently incarcerated. 11. Plaintiffs have 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. 3 12. The Plaintiffs have no information of any custody proceeding concerning the child occurring or pending in any court of this Commonwealth. 13. Plaintiffs do 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. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiffs are able to provide a stable, warm, clean and stimulating environment for their grandchild. Children & Youth Services have been involved at the baby's birth due to narcotics in her system. Defendants have had no stable household, are subject to repeated criminal arrest, the most recent which are resulting in their incarceration in Prison. Defendants have ignored safety concerns for the child, choosing to transport her in an uninspected vehicle with Mother having no valid license. Defendants' employment has been erratic and they have been unable to provide the child with appropriate needs in a sanitary environment. The child is very familiar and bonded with Plaintiffs and Plaintiffs have had custody of the child during the period of June through August every weekend from Friday to Sundays and on an alternating weekend basis. 15. 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. 4 WHEREFORE, the Plaintiffs request the Court to grant shared legal and physical custody of the child to the Plaintiffs. DATE: December 22, 2008 Bar ara Sumple-Sullivan, ?iEzsq.Wire- 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 5 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DANIEL E. MYERS and, : IN THE COURT OF COMMON PLEAS PATRICIA A. MYERS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION -CUSTODY LUCAS L. MYERS and NIK,M F. STUM, Defendants NO. VERIFICATION We, Daniel E. Myers and Patricia A. Myers, hereby certify that the facts set forth in the foregoing Custody Complaint are true and correct to the best of our knowledge, information and belief. We understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. r Dated: / a a Zo- L &n4# ? f z??? DANIEL E. MYERS PATRICIA A. MYER Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DANIEL E. MYERS and, IN THE COURT OF COMMON PLEAS PATRICIA A. MYERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION -CUSTODY LUCAS L. MYERS and NIKKI F. STUM, Defendants NO. VERIFICATION We, Daniel E. Myers and Patricia A. Myers, hereby certify that the facts set forth in the foregoing Pleading are true and correct to the best of our knowledge, information and belief. We understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: a o DANIEL E. MYERS PATRICIA A. MYERS o\j r' ?a ,i;L, a Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DANIEL E. MYERS and, IN THE COURT OF COMMON PLEAS PATRICIA A. MYERS, Plaintiffs V. LUCAS L. MYERS and NIKKI F. STUM, Defendants : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -CUSTODY 0i - 71 Id NO. ORDER AND NOW, this ?-T day of 2008, upon consideration of Petitioners' Petition for Emergency Relief, it is hereby ordered, adjudged and decreed that pending Cgr conciliation and further order of court, legal andical custody of the child, Harleigh <;1%t .t_ dre u^ Springer-Levi Myers (DOB: June 8, 2008) Patricia A. Myers. tb ution: Xb.-IT, ara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 0 Lucas L. Myers, Perry County Prison, W McClure, New Bloomfield, PA 17068 j? s. Nikki F. Stum, Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013 p DEC 2 2 MC/ /a.97 CO LLJ +\ Li LIJ C-) LsJ N DANIEL E. MYERS AND PATRICIA A. IN THE COURT OF COMMON PLEAS OF MYERS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-7421 CIVIL ACTION LAW LUCAS L. MYERS AND NIKKI F. STUM IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, December 30, 2008 , 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 Thursday, January 15, 2009 at 1:30 PM 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/ Dawn S. Sunda Es 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 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 ooorw zic John B. Dougherty, Esquire Supreme Court I.D. No. 70680 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Facsimile: 717-238-6691 Attorneys for: PLAINTIFFS DANIEL E. MYERS and PATRICIA A. MYERS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs. No. 08-7421 Civil Term LUCAS L. MYERS and NIKKI F. STUM, : Defendants. CIVIL ACTION - CUSTODY PETITION FOR LEAVE OF COURT TO INTERVENE PURSUANT TO Pa.R.C.P. 1915.16 AND TO PARTICIPATE IN CUSTODY CONCILIATION AND NOW, Petitioner, Patricia Giovannini, by and through her attorney, John B. Dougherty, Esquire, respectfully submits this Petition to Intervene and, in support thereof, avers the following: 1. Your Petitioner is Patricia Giovannini, an adult individual residing at 1307 Georgetown Road, Middletown, Dauphin County, Pennsylvania, 17057. 2. Petitioner is the paternal grandmother of Harleigh Springer-Levi Myers (hereinafter "the Minor Child") and the mother of the Minor Child's father/Defendant, Lucas Levi Myers. The Minor Child is currently in the physical custody of Plaintiffs (the Minor Child's maternal grandmother and step-grandfather) as per the Court's Order of December 23, 2008. 3. Petitioner currently resides with her husband, Michael Giovannim, and her 13 year old son at the aforementioned address. 4. The Defendants have lived a transient lifestyle since the birth of the Minor Child, however, both Petitioner and her husband have attempted to provide support to the Defendants and the Minor Child and to assist them with raising the Minor Child. 5. The Defendant/Father has indicated to Petitioner that he wishes for her to have primary physical custody of the Minor Child. 6. The best interests and permanent welfare of the Minor Child would be best served by granting Petitioner leave to intervene as a party in the matter so that she could be considered as a resource for the Minor Child, up to and including maintaining primary physical custody of the Minor Child, in that the Petitioner and her husband are able to provide a stable and nurturing environment for the Minor Child and Defendant/Father believes Petitioner would be in the best position to care for the Minor Child. WHEREFORE, the Petitioner respectfully requests that the Court grant her leave to participate in the custody conciliation. Furthermore, Petitioner is requesting leave of court to file a Counterclaim for custody and to participate in all future proceedings. Respectfully Submitted IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: JOHN B. DOUGHE TY Attorney I.D. No. 70680 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss: I verify that the statements made in the attached pleading are true and correct. I understand that false statements herein are made subject to the penalties set forth in 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: PATRICIA GIOVANNINI CERTIFICATE OF SERVICE AND NOW, this day of 2009, I, John B. Dougherty, Esquire, attorney for Petitioner, hereby certify that I served the within PETITION FOR LEAVE OF COURT TO INTERVENE PURSUANT TO Pa.R.C.P. 1915.16 AND TO PARTICIPATE IN CUSTODY CONCILIATION this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Mr. Lucas L. Myers Perry County Prison West McClure New Bloomfield, PA 17068 Ms. Nikki F. Stum Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 B JO B. D UGH Y {` z ...?, "i r f -.*-, :.? , Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DANIEL E. MYERS and, : IN THE COURT OF COMMON PLEAS PATRICIA A. MYERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION -CUSTODY LUCAS L. MYERS and ; NIKKI F. STUM, : Defendants : NO. 08 - 7421 AFFIDAVIT OF SERVICE VV SPA eing duly sworn according to law, deposes and states that at approximately 0,7' ?b 9 .m. on /y B a , 2009 at V I't) I personally served Nikki F. Stum, with a copy of the 01- following. 1. Custody Complaint; 2. Petition for Emergency Relief; and 3. Order dated December 23, 2008. I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A., 4904 relating to unsworn falsification to authorities. Date: 2009 Nikki V. Stum (Signature of person served) _q Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DANIEL E. MYERS and, : IN THE COURT OF COMMON PLEAS PATRICIA A. MYERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION -CUSTODY LUCAS L. MYERS and NIKKI F. STUM, Defendants NO. 08 - 7421 AFFIDAVIT OF SERVICE I, cli _eing duly sworn according to law, deposes and states that at approximately ?f.m. on 1-? 1 I 1 ' 2009 at r?CJ f f26,(,/ , I personally served Lucas L. Myers, with a copy of the following. 1. Custody Complaint; 2. Petition for Emergency Relief; and 3. Order dated December 23, 2008. I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A.,4904 relating to unworn falsification to authorities. Date: ?X-Wow, , 2009 ucas L. M?yk;? (Signature of person served) C v 17 ..rr _ _ A s1 i ? DANIEL E. MYERS AND PATRICIA A. MYERS, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LUCAS L. MYERS AND NIKKI F. STUM, DEFENDANTS 08-7421 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2009, the petition of Patricia Giovannini to intervene in the within custody action IS GRANTED effective upon her filing a counterclaim for primary physical custody of Harleigh Springer-Levi Myers. By the ZJohn B. Dougherty, Esquire ? Barbara Sumple-Sullivan, Esquire ?Lucas L. Myers -, Nikki F. Stum :sal a6f Its rna I lcrl Edgar 137SUlby, J. '#NVA-V AIN' ?w=^."'.:. 19 :1 Wd b- NVF 6001 I'll, ?o -16 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DANIEL E. MYERS and, : IN THE COURT OF COMMON PLEAS PATRICIA A. MYERS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION -CUSTODY LUCAS L. MYERS and NIKKI F. STUM, Defendants NO. 08 - 7421 AFFIDAVIT OF SERVICE I, 15d 51 P-)b keing duly sworn according to law, depof ses and states that at ?Q.CiWt? approximatel k/: /2.m. on January _A2, 2009 at rt I personally served Nikki F. Stum, with a copy of the Order ted December 30,2008 and copy of letter to Conciliator Dawn S. Sunday dated January 6, 2009 in the above ptioned matter. VVI 11 1 'Sl;? N i F. Stum (Signature of person served) I,Fo JlPr? (7, being duly sworn according to law, deposes and states that at _ approximately 1','00 P.m. on January 2 2009 at A&II r,a )TA I f o , I personally served Lu L. Myers, with a copy of the Or dated December 30,2008 and copy of letter to Conciliator Dawn S. Sunday dated January 6, 2009 in the above captioned matter. Lucas s (Signature f person served) I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A., 4904 relating to unworn falsification to authorities. Date: 2009 'UrA I ?_ A " V. `i i ? N d N V N .-c d tZ, C-4i 06 ? h to ?• ? IV 53.. Z ? a CO) 4 _ I1 A v n ? E CP m h o ? a 2 fi 0 L :E 00 0 00 Ilk y ? Q 0 41 c c a 0 C Q o Q ou 10- co r-- con: 0 ? C a C E? m I:D _ Z? ?.. ats ?'` ?? ? •.a MAR 2 ^ 2COG4 DANIEL E. MYERS and IN THE COURT OF COMMO]`d :PLEAS OF PATRICIA A. MYERS CUMBERLAND COUNTY, P)?-,N\ S YLVANIA Plaintiff vs. 2008-7421 CIVIL ACTION LA. W LUCAS L. MYERS and NIKKI F. STUM : Defendant IN CUSTODY ORDER OF COURT AND NOW, this 17th day of March, 2009, the conciliator, being advised by Plaintiff's counsel that no further action is necessary at this time and that the conciliator may relinquish jurisdiction, hereby relinquishes jurisdiction. BY THE COURT, La?'? Dawn S. Sunday Custody Conciliator 0 C-7 C -23 +3 --5s 1 ? t DANIEL E. MYERS and PATRICIA A. MYERS Plaintiff VS. LUCAS L. MYERS and NIKKI F. STUM Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-7421 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 CUSTODY OF Harleigh Springer-Levy June 8, 2008 Maternal Grandparents 2. A custody conciliation conference was held on January 12, 2009, with the following individuals in attendance: the Plaintiff Maternal Grandparents, Daniel Myers and Patricia Myers, with their counsel, Barbara Sumple-Sullivan, Esquire, and John B. Dougherty, Esquire who represents the Paternal Grandmother and her husband on a Petition to Intervene filed on their behalf. Both the Father, Lucas Myers, and the Mother, Nikki Stum, were incarcerated at the time of the conference. 3. This Court entered an Emergency Order on December 23, 2008 granting temporary physical and legal custody to the Maternal Grandmother, Patricia Myers, pending the conciliation conference. 4. At the conference, the grandparents began discussing arrangements for the Child and it was determined that this matter would be placed on hold until further contact from Plaintiffs' counsel. Pursuant to a communication from Plaintiffs' counsel on February 17, 2009, an Order is attached relinquishing jurisdiction. None of the parties wishes to take any action at this time and, if necessary in the future, will file additional petitions. No further Order is recommended. /7 wt C,0?- I r? ol-o y 9 (6L -ed? aze__? Date Dawn S. Sunday, Esquire Custody Conciliator TARY Barbara Sumple-Sullivan, Esquire ' }JO Supreme Court #32317 , 549 Bridge Street 12 New Cumberland, PA 17070 (717) 774-1445 f'_aP i" HRLAND COUNTY DANIEL E. MYERS and, : IN TFMMMtZ'T 'F COMMON PLEAS PATRICIA A. MYERS, Plaintiffs V. LUCAS L. MYERS and NIKKI F. STUM, Defendants : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -CUSTODY : NO. 08-7421 PETITION TO CONFIRM THE INTERIM CUSTODY ORDER DATED DECEMBER 23, 2008 AS A FINAL ORDER Petitioners are Plaintiffs, Daniel E. Myers and Patricia A. Myers, (hereinafter referred to as "Maternal Grandparents") who currently reside at 34 Bourbon Red Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is Defendant, Lucas L. Myers, (hereinafter referred to as "Father") whose last known address was 9478 Apartment 7, Carlisle Road, Dillsburg, York County, Pennsylvania 17019. To the knowledge of Petitioners, Father has recently been incarcerated in Perry County Prison from July 12, 2011 to July 13, 2011 and in Dauphin County Prison from August 4, 2011 to August 8, 2011. It is believed that he has returned to his prior residence after his release from prison. v 1 Gy1k?-4?•? ?a? ??-a (0 3110°1 3. Respondent is Defendant, Nikki F. Stum, (hereinafter referred to as "Mother") who currently resides at 9478 Apartment 7, Carlisle Road, Dillsburg, York County, Pennsylvania 17019. 4. The minor child in this action is Harleigh Springer-Levi Myers (DOB: June 8, 2008). 5. This action was initiated by Maternal Grandparents in December, 2008 as a result of their concerns and fears about the welfare of the child. A true and correct copy of the Petition for Emergency Relief is attached hereto as Exhibit A. In 2008, the child was left in Maternal Grandparents' custody by the Lower Allen Police Department after the arrests of Mother and Father. Maternal Grandparents were concerned that upon Mother's and Father's eventual release from prisons, he or she would remove the child from Maternal Grandparents' home and return the child to a vagrant lifestyle. Children Youth Services were involved at the time of the child's birth in June, 2008, due to the child being born with narcotics in her system. 6. On December 23, 2008, an Order of Court was entered in this matter by the Honorable Judge Bayley. Said Order awarded temporary legal and physical custody of the child to the Maternal Grandmother, Patricia Myers, pending 2 conciliation and further Order of Court. A true and correct copy of same is attached hereto as Exhibit B. 7. On or about January 7, 2009, the child's paternal grandmother, Patricia Giovannini (hereinafter referred to as Paternal Grandmother), filed a Petition to Intervene requesting the Court allow her to participate in the Custody Conciliation. 8. By Order of Court dated January 9, 2009, the Honorable Judge Bayley directed that Paternal Grandmother's Petition was granted effective upon her filing a counterclaim for primary physical custody of the child. 9. No counterclaim was ever filed by Paternal Grandmother. 10. A Custody Conciliation was held on January 12, 2009, wherein Maternal Grandparents and Paternal Grandmother and her husband attended. As a result of the agreement of the parties, no further action was to be taken and, if necessary, in the future, additional petitions would be filed. A true and correct copy of the Custody Conciliation Summary Report is attached hereto as Exhibit C. 11. Until this Petition, no further filing has been made by any parry and no order has been entered modifying the terms of the December 23, 2008 Order. 3 12. Following Mother's and Father's release from prison, Maternal Grandmother began phasing in and allowing Mother and Father mid week contact and custody of the child. Maternal Grandmother has custody of the child every weekend from Friday to Sunday. 13. Maternal Grandparents believed that during Mother's and Fathers' periods of physical custody, they were personally caring for the child at their home, but now have learned another unrelated third party was watching the child in lieu of being with Mother and Father. 14. Maternal Grandparents have great concern regarding the safety and well being of the child while in the custody of Mother and Father for the following reasons: a. Both Mother and Father are currently unemployed. b. Neither Mother nor Father have valid driver's licenses or means of transportation. c. Mother and Father are currently renting an apartment together; however, Maternal Grandparents have been advised by their landlord that Mother and Father will be served with an eviction notice shortly. (They were evicted from their previous residence in July, 2010 for unpaid rent and damage to property.) d. Mother's and Father's food stamps have been discontinued, the reason for which is unknown to Maternal Grandparents. e. Father had been incarcerated in Perry County Prison, but was released from jail on bail for pending charges in Perry County of Forgery-Unauthorized Act in Writing, Theft By Unlawful Taking-Moveable Prop, and Theft by Deception-False Impression. f. Father was recently incarcerated in Dauphin County Prison, but was released August 8, 2011. 4 g. It is expected that Mother and Father may be using illegal substances. 15. Maternal Grandparents are now concerned about the environment for the child when with her natural parents. 16. Maternal Grandparents continue to be able to provide the child a safe, sanitary, warm and established environment and provide stimulation, nurturing, attention and proper physical care for the child. 17. Maternal Grandparents request that the Order of Court dated December 23, 2008, be confirmed as a final Order granting Maternal Grandparents legal and physical custody of the child. 18. Maternal Grandparents request that a custody conciliation be scheduled. 19. The Honorable Judge Bayley was previously assigned to this case. WHEREFORE, Maternal Grandparents request the Order of Court dated December 23, 2008, be confirmed as a final Order of Court granting Maternal 5 Grandparents legal and physical custody of the child. DATE: August,2011 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 6 Exhibit A Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DANIEL E. MYERS and, : IN THE COURT OF COMMON PLEAS PATRICIA A. MYERS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION -CUSTODY LUCAS L. MYERS and NUM F. STUM, Defendants NO. PETITION FOR EMERGENCY RELIEF 1. Petitioners are Daniel E. Myers and Patricia A. Myers, natural mother and stepfather of Defendant, Nikki F. Stum. They are the Maternal Grandparents of the child, Harleigh Springer-Levi Myers (DOB: June 8, 2008). 2. The child's natural Mother is Respondent Nikki F. Stum, an individual currently incarcerated in Cumberland County Prison on recent charges stemming from District Justice Frownfelter, Magisterial District Judge 41-3-05 Perry County. She is currently incarcerated on charges of theft by deception and receiving stolen property. Her preliminary hearing is scheduled for December 23, 2008. 3. The child's natural Father is Respondent Lucas L. Myers, an individual currently incarcerated in Perry County Prison for receiving stolen property. He is incarcerated on a bench warrant and arrest warrant. He also has charges pending on theft by deception, receiving stolen property, and criminal attempt to commit theft. His preliminary hearing on those later charges is scheduled for January 14, 2009. 4. Since the child's birth, Petitioners had custody of the child every weekend until the end of August and on alternating weekends since September to the present. 5. The child is in the present custody of the Petitioners. The child had been in the custody of Petitioners for the weekend. At the conclusion of that custodial period, the Respondents were arrested. The child was left in their custody by the Lower Allen Police after the arrests of the Respondents on Monday, December 15, 2008. 6. No proceedings regarding the child has occurred. 7. A Custody Complaint has been filed simultaneously with this Emergency Petition seeking to confirm custody in the maternal grandmother and her husband. A copy of this Complaint is attached hereto as Exhibit "A." 8. At the time of the child's birth, Children and Youth Services were involved with the case due to the child being born with narcotics in her system. 2 9. It is expected that Respondent Myers will not be released for some time. The disposition of Respondent Stum's case is uncertain. She has a preliminary hearing on December 23, 2008. 10. Petitioners are concerned that upon her eventual release from prison, Respondent Mother will remove the child from their home and return the child to a vagabond lifestyle. The Respondents have no home or other stable environment. The parties have lived in various places since the baby' birth on June 8, 2008. 11. Petitioners have been advised that after being evicted from their latest property in Harrisburg, the intention of the parties may be or have been to live in their car, which car was in a deplorable condition. The car has no valid inspection and Respondent, Nikki F. Stum has no valid driver's license. 12. Petitioners are able to give the child a sanitary, warm and established environment. 13. Petitioners have taken steps to continue medical care for the child and to enroll the child in a state improved daycare while they work. 14. Petitioners provide stimulation and good physical care for their granddaughter, which care they believe that Respondents are presently unable to provide. 3 15. Petitioner has been in contact with Respondent, Lucas L. Myers who will be incarcerated for some time. He expressed concurrence with Petitioners' care for the child. 3.6. Petitioners are concerned that if after Respondent Mother's preliminary hearing scheduled for December 23, 2008, she is released pending trial on her charges of theft by deception and receiving stolen property, she may come and remove the child from Petitioner's home. This would not be in the best interest of the child. 17. No Judge has been assigned to this matter. 18. No concurrence of Respondents has been received. WHEREFORE, pending conciliation and further order of court, Petitioners request that legal and physical custody of the child be confirmed in them. DATE: Ia/a Q , 2008 Barbara tumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 4 EXHIBIT "A„ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DANIEL E. MYERS and, : IN THE COURT OF COMMON PLEAS PATRICIA A. MYERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION -CUSTODY LUCAS L. MYERS and : NIKKI F. STUM, Defendants : NO. ORDER OF COURT AND NOW, this day of , 2008, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 20 , at _.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the American 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 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 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 7741445 DANIEL E. MYERS and, : IN THE COURT OF COMMON PLEAS PATRICIA A. MYERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION -CUSTODY LUCAS L. MYERS and NIKKI F. STUM, Defendants : NO. CUSTODY COMPLAINT 1. The Plaintiffs are Daniel E. Myers and Patricia A. Myers (hereinafter referred to as "Maternal Grandparents"), who currently reside at 34 Bourbon Red Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Patricia A. Myers is the natural Mother of Defendant, Nikki F. Stum and Daniel E. Myers is her Stepfather. 2. The Defendant is Lucas L. Myers (hereinafter referred to as "Father"), is in Perry County Prison. Prior to incarceration, he had no known permanent address. 3. The Defendant is Nikki F. Stum (hereinafter referred to as "Mother), is currently in Cumberland County. Prior to incarceration, she had no known permanent address. 4. Plaintiffs seek an order of legal and physical custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH Harleigh Springer-Levi Myers 34 Bourbon Red Drive June 8, 2008 Mechanicsburg, PA 17050 5. The child is presently in the custody of Plaintiffs who are currently residing at 34 Bourbon Red Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 6. Since the child's birth, the child has resided with the following persons at the following addresses: DATES ADDRESSES 6/8/08 to 9/08 Address unknown Perry County, PA 9/08 to 11/08 Thundergust Road Warrington Township, PA 11/08 to 12/15/08 2443 Derry Street Harrisburg, PA NAM&SOFPER.SONS IN HOUSEHOLD Unknown, Mother, Father Mother, Father, Father's Father and his Stepmother, and an unrelated third party Mother, Father and baby with unrelated third party Amy (last name unknown) 12/15/08 to present 34 Bourbon Red Drive Maternal Grandparents Mechanicsburg, PA 17050 Maternal Grandparents had the child every weekend from her birth until the end of August, 2008. Thereafter, they have had alternating weekends. 2 7. The Father of the child is Lucas L. Myers, who is currently incarcerated at the Perry County Prison. 8. The Mother of the child is Nikki F. Stum, who is currently incarcerated at the Cumberland County prison on a warrant from Perry County. Defendants are unmarried. 9. The relationship of the Plaintiffs to that of the child is that of Maternal Grandparents. The Plaintiffs currently reside with the following persons: NAME RELATIONSHIP Harleigh Springer-Levi Myers Grandchild Rebecca Myers Daughter (who is attending College) 10. The relationship of the Defendants to the child is that of Father and Mother. The Defendants are both currently incarcerated. 11. Plaintiffs have 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. 3 12. The Plaintiffs have no information of any custody proceeding concerning the child occurring or pending in any court of this Commonwealth. 13. Plaintiffs do 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. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiffs are able to provide a stable, warm, clean and stimulating environment for their grandchild. Children & Youth Services have been involved at the baby's birth due to narcotics in her system. Defendants have had no stable household, are subject to repeated criminal arrest, the most recent which are resulting in their incarceration in Prison. Defendants have ignored safety concerns for the child, choosing to transport her in an uninspected vehicle with Mother having no valid license. Defendants' employment has been erratic and they have been unable to provide the child with appropriate needs in a sanitary environment. The child is very familiar and bonded with Plaintiffs and Plaintiffs have had custody of the child during the period of June through August every weekend from Friday to Sundays and on an alternating weekend basis. 15. 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. 4 WHEREFORE, the Plaintiffs request the Court to grant shared legal and physical custody of the child to the Plaintiffs. DATE: December 22, 2008 ?? ' Bar`6ara Sample-Sullivan, Esquire--- 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 5 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 544 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DANIEL E. MYERS and, : IN THE COURT OF COMMON PLEAS PATRICIA A. MYERS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION -CUSTODY LUCAS L. MYERS and NIKKI F. STUM, Defendants NO. VERIFICATION We, Daniel E. Myers and Patricia A. Myers, hereby certify that the facts set forth in the foregoing Custody Complaint are true and correct to the best of our knowledge, information and belief. We understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: /a Wa U 'I- e ? Z ' 1414a) DANIEL E. MYERS PATRICIA A. MYE Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DANIEL E. MYERS and, IN THE COURT OF COMMON PLEAS PATRICIA A. MYERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION -CUSTODY LUCAS L. MYERS and NIKKI F. STUM, Defendants NO. VERIFICATION We, Daniel E. Myers and Patricia A. Myers, hereby certify that the facts set forth in the foregoing Pleading are true and correct to the best of our knowledge, information and belief. We understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. . Dated: oZ DANIEL E. MYERS PATRICIA A. MYERS Exhibit B Barbara Sumple-Sullivan, Esquire . 1 Supreme Court #32317 _ 549 Bridge Street ! New Cumberland, PA 17070 (717) 774-1445 DANIEL E. ER?,?ci, : IN THE COURT OF COMMON PLEAS PATRICIA A.NN1 RS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION -CUSTODY LUCAS L. MYERS and NIKKI F. STUM, Defendants NO. 741 ? t?iTii % T-!r? ORDER AND NOW, this __22 r- day o2008, upon consideration of Petitioners' Petition for Emergency Relief, it is hereby ordered, adjudged and decreed that pending conciliation and further order of court, legal and ph ical custody of the child, Harleigh Springer-Levi Myers (DOB: June 8, 2008) and Patricia A. Myers. BY THE COURT: _.C FfAoc ?? lY Te' . ,_Z • ? idhwllY???, Distribution: Barbara Sumple Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 Mr. Lucas L. Myers, Perry County Prison, W McClure, New Bloomfield, PA 17068 Ms. Nikki F. Stum, Cumberland County Prison,'1101 Claremont Road, Carlisle, PA 17013 Exhibit C t . DANIEL E. MYERS and PATRICIA A. MYERS Plaintiff VS. LUCAS L. MYERS and NHUU F. STUM Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-7421 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 CUSTODY OF Harleigh Springer-Levy June 8, 2008 Maternal Grandparents 2. A custody conciliation conference was held on January 12, 2009, with the following individuals in attendance: the Plaintiff Maternal Grandparents, Daniel Myers and Patricia Myers, with their counsel, Barbara Sumple-Sullivan, Esquire, and John B. Dougherty, Esquire who represents the Paternal Grandmother and her husband on a Petition to Intervene filed on their behalf. Both the Father, Lucas Myers, and the Mother, Nikki Stum, were incarcerated at the time of the conference. 3. This Court entered an Emergency Order on December 23, 2008 granting temporary physical and legal custody to the Maternal Grandmother, Patricia Myers, pending the conciliation conference. 4. At the conference, the grandparents began discussing arrangements for the Child and it was determined that this matter would be placed on hold until further contact from Plaintiffs' counsel. Pursuant to a communication from Plaintiffs' counsel on February 17, 2009, an Order is attached relinquishing jurisdiction. None of the parties wishes to take any action at this time and, if necessary in the future, will file additional petitions. No further Order is recommended. /Yt&4 ca .e d-ov 9 Date Dawn S. Sunday, Esquire 49 Custody Conciliator Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DANIEL E. MYERS and, IN THE COURT OF COMMON PLEAS PATRICIA A. MYERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION -CUSTODY LUCAS L. MYERS and NIKKI F. STUM, Defendants NO. 2008-7421 VERIFICATION We, Daniel E. Myers and Patricia A. Myers, hereby certify that the facts set forth in the foregoing Pleading are true and correct to the best of our knowledge, information and belief. We understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 7 1 / DANIEL E. MYERS PATRICIA A. MYE Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DANIEL E. MYERS and, PATRICIA A. MYERS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LUCAS L. MYERS and NIKKI F. STUM, Defendants CIVIL ACTION -CUSTODY NO. 2008-7421 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of Petition to Confirm Interim Custody Order dated December 23, 2008 as a Final Order, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: Mr. Lucas L. Myers 9478, Apt. 7 Carlisle Road Dillsburg, PA 17019 DATE: August l) , 2011 uire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiffs Ms. Nikki F. Stum 9478, Apt. 7, Carlisle Road Dillsburg, PA 17019