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Home My WebLink About09-1817 THOMAS M. MC CUTCHEON, Plaintiff VS. STEPHANIE MYERS and THOMAS M. MC CUTCHEON JR.,: Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O 9 -1 k 17 CIVIL 2009 CIVIL ACTION - LAW CUSTODY GRANDPARENTS COMPLAINT FOR VISITATION AND PARTIAL PHYSICAL CUSTODY 1. PLAINTIFF THOMAS M. MC CUTCHEON, is an adult individual residing at 33 William Penn Drive, Apt 5, Camp Hill, Cumberland County, Pennsylvania, 17011. He is the paternal grandfather of the minor child Jordan R. Mc Cutcheon. 2. Defendant Stephanie Myers, is an adult individual residing at 129 South Chestnut Street,, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant Thomas M. McCutcheon Jr. , is an adult individual residing at 10373 Allentown Boulevard, Apt 4, Grantville, Dauphin County, Pennsylvania 17028. 4. Plaintiff seeks visitation and partial physical custody of the following minor child. NAME Jordon R. McCutcheon PRESENT ADDRESS 129 South Chestnut Street Mechanicsburg, Pa. 17055 AGE 1 (dob 12-16-07) v The child was born out of wedlock. The child the subject here of is presently in the custody of Defendant Stephanie Myers, who resides at her aforesaid residence. Since birth, the child has resided with the following person at the following address : PERSON ADDRESS DATE Defendant 129 South Chestnut Street Birth- Stephanie Myers Mechanicsburg, Pa. 17055 Present The mother of the child , Defendant Stephanie Myers, is currently residing at 129 South Chestnut Street , Mechanicsburg, Cumberland County, Pennsylvania, 17055. She is unmarried. The father of the child, Thomas M. McCutcheon Jr., is currently residing at 10373 Allentown Boulevard, Apt 4, Grantville, Dauphin County, Pennsylvania 17028. He is unmarried. 5. The relationship of Defendant Stephanie Myers, to the subject child is that of mother. She currently resides with the subject minor child. 6. The relationship of Defendant Thomas M. McCutcheon Jr., to the subject child is that of father. He currently resides with his mother Jody I. McCutcheon. 7. The relationship of Plaintiff to the child is that of paternal grandfather. The Plaintiff currently resides with his son and with his girlfriend. 8. 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 subject child pending in a court of this Commonwealth. 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 said child. 9. The best interests and permanent welfare of the subject child will be served by granting Plaintiff periods of visitation and partial physical custody of him so that he will be able to know his grandfather and his extented paternal family. 10. Each parent whose parental rights to the subject child has not been terminated and the persons who have physical custody of the child as been named as parties to this action. WHEREFORE, Plaintiff request the Court to grant his visitation and partial physical custody of the minor child the hereof Jordan R. McCutcheon. Respectfully Submitted, DATED: t"TAOMA9 M. MC CUTCHEON, Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct.I understand that false statements made herein are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. DATED_ _ OMA M. MC CUTCHEON AN i rr? v\ C'J C zj- N c? _o A N W W C 'CI 7 a +', THOMAS M. MCCUTCHEON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1817 CIVIL ACTION LAW STEPHANIE MYERS AND THOMAS M. MCCUTCHEON, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, April 03, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 07, 2009 at 8:30 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/ Hubert X. Gilroy, Es q. jW% 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 Fll 0' 7410TARY 2099 APR -3 FM 12: 31 y THOMAS M. MCCUTCHEON, Plaintiff vs. STEPHANIE MYERS AND THOMAS M. MCCUTCHEON, JR., Defendant PRIOR JUDGE: Edward E. Guido MAY ad zuup G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-1817 IN CUSTODY COURT ORDER AND NOW, this 1q^ day of May, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered that the complaint of Thomas M. McCutcheon is hereby dismissed. cc: ? . Thomas M. McCutcheon . Stephanie N. Myers ---"Mr. Thomas M. McCutcheon, Jr. . (25P £s mgt(CCL aJ? Judge Edward E. Guido 1 tr 11J E 1 :9 H!V 61 Ow 60oz /?67? LiI iiji s.L" BLS J THOMAS M. MCCUTCHEON, Plaintiff VS. STEPHANIE MYERS AND THOMAS M. MCCUTCHEON, JR., Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-1817 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Jordan R. McCutcheon, born December 16, 2007 2. A Conciliation Conference was held on May 7, 2009 with the following individuals in attendance: The paternal grandfather, Thomas M. McCutcheon, the mother, Stephanie Myers, and the father, Thomas M. McCutcheon, Jr. 3. All parties appeared without counsel. The grandfather filed this petition seeking visitation rights. However, the child never lived with him and it did not appear that he met any requirements for the statute. He complained that his son is not seeing the child because of the existing Order at Docket No. 2008-2165. The grandfather agreed that if the son was seeing the child he would see the child at those times. 4. The Conciliator is recommending a modification of the custody order at Docket No. 2008-2165 that should address the issue of the son being unable to see the child and which, correspondingly, will address the grandfather's concerns. Accordingly, the Conciliator recommends the grandfather's complaint be dismissed and that the court issue an order in the form as attached. Date:, 2009 ert X. ilroy, Esquire Custod onciliator