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Home My WebLink About09-1186CURTIS MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 4 9- /I 96 et?J- T.?...- LISA SCALIA, Defendant IN CUSTODY COMPLAINT FORS DDY AND NOW, comes the Plaintiff, Curtis Myers, by and through his counsel, Michael J. Whare, Esquire and avers as follows: 1. Plaintiff is Curtis Myers, who currently resides at 1952 Wooddock Drive West, Chambersburg, Franklin County, Pennsylvania 17202. 2. Defendant is Lisa Scalia, who currently resides at 31 West King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Plaintiff seeks shared physical custody of Name Primary Residence M Madeline L. Myers 31 W. King St. 04/07/01 Shippensburg, PA 17257 The child was not born out of wedlock. The child is presently in the custody of Mother. Since birth, the child has resided with the following persons at the following addresses: Nuns Dates Lisa Scalia, Dominique Scalia 31 W. King St. ?-present and Giovanni Scalia Shippensburg, PA 17257 4 The Mother of the child is Lisa Scalia, who resides at 31 West King Street, Shippensburg, Cumberland County, Pennsylvania 17257. She is married. The Father of the child is Curtis Myers, who resides at 1952 Wooddock Drive West, Chambersburg, Franklin County, Pennsylvania 17202. He is single. 4. The relationship of the Plaintiff to the child is that of natural Father. The Plaintiff currently resides with the following persons: Name Rdatioaa6ie Denise Martin girlfriend Cassidy Martin girlfriend's daughter 7aylee Martin girlfriend's daughter 5. The relationship of the Defendant to the child is that of natural Mother. The Defendant currently resides with the following persons: Name RelatiooshiQ Madeline Myers daughter Dominique Scalia daughter Giovanni Scalia son 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. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child haven 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: __ ,d None Basis of Claim 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) A Court Order of custody and structured visitation is desired so that Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant his Complaint for shared physical custody of the child. Date: -.? 7- 0 R Respectfully submitted, LA Michael I Whare, squire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff 1 . • CURTIS MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law : No. LISA SCALIA, Defendant : IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifiaatio: Date: d--?7 - D 1 , ON, 7 ? tV ? r`i CURTIS MYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA SCALIA DEFENDANT 2009-1186 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 04, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 26, 2009 at 10:30 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 hearing. FOR THE COURT. By: /s/ ac ueline M. Verne Es . 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 VINVAU'NN3d ALNnm rnt. i e 1 L Q .Zl Nd S- 80 6W J4WONO ' QUd Ni d0 33 WHO-031H APR 16 2009 ? CURTIS MYERS, Plaintiff V. LISA SCALIA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-1186 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 1?1? day of N aA , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Curtis Myers and the Mother, Lisa Scalia, shall have shared legal custody of Madeline L. Myers, born April 7, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody as follows: A. Three weekends per month, usually the second, third and fourth weekend, from Friday at 5:00 p.m. to Sunday at 5:00 p.m. B. One week per month for the months of June, July and August to coincide with his weekends. C. Such other times as the parties agree. J ;-1 A It #[ ? a?t3, ?4 f?l 10 : I I t.-,IV L 188V 60OZ 33Ni ?G, ^i?-' O G H 4. Holidays: A. Mother shall have physical custody of the child on July 4 h from 9:00 a.m. to 9:00 p.m. B. Father shall have physical custody of the child on Memorial Day from 9:00 a.m. to 9:00 p.m. C. Mother's Day/Father's Day. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 9:00 P.M. The parties shall have reasonable telephone contact with the child. 6. Transportation shall be shared such that the receiving party shall transport. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for July 16, 2009 at 8:30 a.m. BY THE COURT, ??-v A N cc? el J. Whare, Esquire, Counsel for Father ssica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother CURTIS MYERS, Plaintiff V. LISA SCALIA, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-1186 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 Madeline L. Myers April 7, 2001 Mother 2. A Conciliation Conference was held in this matter on April 14, 2009, with the following in attendance: The Father, Curtis Myers, with his counsel, Michael J. Whare, Esquire, and the Mother, Lisa Scalia, with her counsel, Jessica Holst, Esquire, MidPenn Legal Services. 3. The parties agreed to an Order in the form as attached. 4-, s -off Nl f/ Date acq line M. Verney, Esquire Custody Conciliator