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HomeMy WebLinkAbout09-2797CARYN J. MYERS : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 0 9- 2 7q 7 (. C? 774-- JOHN L. SHAFER CIVIL ACTION -LAW Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Caryn J. Myers, residing at 729 Low Street, Unit 3, P.O. Box 94, Grantham, Pennsylvania 17027. 2. The defendant is John L. Shafer, residing at 15 State Road, Mechanicsburg, Pennsylvania 17050. 3. Plaintiff seeks custody of Kira J. M. Shafer, born May 6, 2004, and Nevaeh A. M. Shafer, born March 8, 2006. 4. Kira J. M. Shafer was born out of wedlock. Nevaeh A. M. Shafer was born in wedlock. The children are presently in the custody of Caryn J. Myers, who has had custody of the children since April 2006. 5. For the past five years, the children have resided with the following persons at the following addresses: Custodian Address Dates Caryn J. Myers John L. Shafer Caryn J. Myers John L. Shafer 6 Weist Road Newville, PA 17241 107R Enola Drive Enola, PA 17025 05/06/04 - January 2005 January 2005 - April 2006 Caryn J. Myers 418 Kent Drive April 2006 - January 2008 Mechanicsburg, PA 17055 Caryn J. Myers 729 Low Street, Unit 3 January 2008 - present P.O. Box 94 Grantham, PA 17027 6. The mother of the children is Caryn J. Myers who currently resides at 729 Low Street, Unit 3, P.O. Box 94, Grantham, Pennsylvania 17027. She is single. 7. The father of the child is John L. Shafer, currently residing at 15 State Road, Mechanicsburg, Pennsylvania 17050. He is single. 8. The plaintiff currently resides with her children, Kira J. M. Shafer and Nevaeh A. M. Shafer. 9. The defendant currently resides his mother, Judy Quickel. 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 11. The plaintiff has no information of a custody proceeding concerning the children pending in a court in this Commonwealth or in any other court. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the child will be served by granting primary physical custody of the children to plaintiff. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests this Court to award her primary physical custody of Kira J. A Shafer and Nevaeh A. A Shafer. Respectfully submitted, to ' a H. Rehkamp, Esquire T er and O'Connell 1 North Front Street Harrisburg, PA 17110 (717) 232-4551 CARYN J. MYERS IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. JOHN L. SHAFER CIVIL ACTION -LAW Defendant CUSTODY Verification I verify that the statements made, in this Complaint are true and correct. I understand that false statements herein pre made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: 4- ('c9 CF THE- i-11 t ,?r,",7'{ y PH 2: u 4 I(o5. So Po A-rW CZ.* 4*09 aaq(o69 CARYN J. MYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-2797 CIVIL ACTION LAW JOHN L. SHAFER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 13, 2009 , 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 Wednesday, June 10, 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/ Dawn S. Sunday, Esq. d? 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 FILED-u?CTIC- E OF THE PRil OINO-TARRY 2009 MAY 14 PH 2.4 5 Cuim` CARYN J. MYERS, Plaintiff V. JOHN L. SHAFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-2797 Civil Term CIVIL ACTION - LAW CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, John L. Shafer, in the above- captioned custody proceeding. Respectfully submitted, Inv O? d otul M. crr 5020 MUM Road suite 109 MedlaNcsbur$. PA 17055 PHom: 717.766.4008 FAx: 717.766.4066 Dated: June 9, 2009 Joh M. Kerr, Esquire Attorney I.D. # 26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Entry of Appearance," on the below-named individuals in the manner indicated: VIA FASCIMILE Johanna H. Rehkamp, Esquire Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 &I Dated: June 9, 2009 Dawn S. Sunday, Esquire Custody Conciliator 39 W. Main Street Mechanicsburg, PA 17055 90hrZerr 5020 RlttCr Road SUlta 108 Mec:he dMbtlu$. PA 17055 Pmom: 717.786.4008 FAx: 717.788.4066 John rA. Kerr, Esquire Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 OF THE p %j( tARY 2009 JUN -9 PH 3: 30 ., jNqy JUN 152009q CARYN J. MYERS vs. JOHN L. SHAFER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 2009-2797 CIVIL ACTION LAW IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Caryn J. Myers, and the Father, John L. Shafer, shall have shirred legal custody of Kira J. M. Shafer, born May 6, 2004, and Nevaeh A. M. Shafer, born March' 8, 2006. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children 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 the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform I 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 as authorized by statute. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have periods of custody with the Children, which shall be supervised by his mother, Judy Quickel, on alternating weekends from Thursday at 3:30 p.m. through Friday at 8:30 p.m. and on Sunday from 3:00 p.m. until 8:30 p.m. and, during the week, on every Tuesday from 3:30 p.m. until 9:00 p.m. 4. The parties shall make arrangements for therapeutic counseling or play therapy for the Children with a professional to be selected by agreement. The purpose of the counseling shall be to address emotional concerns for the Children as a result of conflict in the family and to ensure that the Children's emotional wellbeing is monitored and assessed. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. 5. Immediately following the custody conciliation conference, the Father shall obtain a hair follicle and urine full range drug test for which the Mother shall make the arrangements. The Father shall sign any authorizations necessary to enable the Mother or her counsel to obtain the drug testing results. Thereafter, until the date of the follow-up custody conciliation conference scheduled in this Order, the Father shall submit to random drug testing requested by the Mother through counsel no more than one time per month. The Father shall appear for the drug testing within 24 hours of the notice provided by the Mother through counsel. The Mother shall be responsible to pay all of the costs for the drug testing except in the event of a positive test result, in which case the Father shall reimburse the Mother for the costs of the positive test within seven (7) days of receiving the test result. Notwithstanding the foregoing, the Mother shall be responsible to pay the costs of the hair follicle test that is performed immediately following the initial custody conciliation conference regardless of the result. 6. The Father shall not drive with the Children in the vehicle during any period in which his license is suspended. 7. The Mother shall not take the Children to visit Dustin Miller in prison. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. The parties and counsel shall attend a follow-up custody conciliation in the office of the conciliator, Dawn S. Sunday, on Wednesday, September 2, 2009 at 9:00 a.m. Counsel for either party may contact the conciliator to expedite the conference in the event of a positive drug test result. 10. 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. cc: Johanna H. Rehkamp, Esquire - Counsel for Mother John M. Kerr, Esquire - Counsel for Father 0-6Poes nia%LL CARYN J. MYERS Plaintiff vs. JOHN L. SHAFER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-2797 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kira J. M. Shafer May 6, 2004 Mother Nevaeh A. M. Shafer March 8, 2006 Mother 2. A custody conciliation conference was held on June 10, 2009, with the following individuals in attendance: the Mother, Caryn J. Myers, with her counsel, Johanna H. Rehkamp, Esquire, and the Father, John L. Shafer, with his counsel, John M. Kerr, Esquire. 3. The conciliator recommends an Order in the form as attached. ll 30r) Date Dawn S. Sunday, Esquire Custody Conciliator OF THE 2009 JUN ! o AM ca. 0 7 Y, CARYN J. MYERS, TN THE COURT OF COMMON PLEAS Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.09-2797 CIVIL TERM JOHN L. SHAFER, IN CUSTODY Defendant/Respondent PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW comes Caryn J. Myers, by and through her attorney, Johanna H. Rehkamp, who respectfully files this petition and avers as follows: 1. That on June 15, 2009, the Honorable Edgar B. Bayley entered an Order awarding plaintiff primary physical custody of the minor children, Kira M. Shafer, born May 6, 2004, and Nevaeh A.M. Shafer, born March 8, 2006 and granting respondent periods of visitation on alternating weekends. A true and correct copy of the Order of Court is attached hereto as Exhibit A. 2. Respondent has failed to abide by the order in that he his mother, Judy Quickel, is refusing to supervise the weekend visitation. A copy of a letter from Ms. Quickel is attached hereto and marked as Exhibit B. 3. Respondent is in violation of the order in that respondent has picked up the children for his scheduled visitation and driven them to his home while his driver's license is suspended. WHEREFORE, petitioner requests that respondent be held in contempt of court. Respectfully submitted, o nna H. Rehkamp, Esq re U ER AND O'CONNELL 1 North Front Street Harrisburg, PA 17110 717/23-4551 Attorney for plaintiff/petitioner 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 penalt' of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ~ ~, ,~ _ ~~~ , Date: July ~_, 2009 J. ~U~ 15 2009 ~ U CARYN J. MYERS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-2797 CIVIL ACTION LAW JOHN L. SHAFER Defendant IN CUSTODY ORDER OF COURT AND NOW, this _~ day of _~,~,y~ 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Caryn J. Myers, and the Father, John L. Shafer, shall have shared legal custody of Kira J. M. Shafer, born May 6, 2004, and Nevaeh A. M. Shafer, born Mazch 8, 2006. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view towazd obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shazed legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children 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 the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that pazent 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 as authorized by statute. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have periods of custody with the Children, which shall be supervised by his mother, Judy Quickel, on alternating weekends from Thursday at 3:30 p.m. through Friday at 8:30 p.m. and on Sunday from 3:00 p.m. until 8:30 p.m. and, during the week, on every Tuesday from 3:30 p.m. unti19:00 p.m. 4. The parties shall make arrangements for therapeutic counseling or play therapy for the Children with a professional to be selected by agreement. The purpose of the counseling shall be to address emotional concerns for the Children as a result of conflict in the family and to ensure that the Children's emotional wellbeing is monitored and assessed. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. A 5. Immediately following the custody conciliation conference, the Father shall obtain a hair follicle and urine full range drug test for which the Mother shall make the arrangements. The Father shall sign any authorizations necessary to enable the Mother or her counsel to obtain the drug testing results. Thereafter, until the date of the follow-up custody conciliation conference scheduled in this Order, the Father shall submit to random drug testing requested by the Mother through counsel no more than one time per month. The Father shall appear for the drug testing within 24 hours of the notice provided by the Mother through counsel. The Mother shall be responsible to pay all of the costs for the drug testing except in the event of a positive test result, in which case the Father shall reimburse the Mother for the costs of the positive test within seven (7) days of receiving the test result. Notwithstanding the foregoing, the Mother shall be responsible to pay the costs of the hair follicle test that is performed immediately following the initial custody conciliation conference regardless of the result. 6. The Father shall not drive with the Children in the vehicle during any period in which his license is suspended. 7. The Mother shall not take the Children to visit Dustin Miller in prison. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. The parties and counsel shall attend afollow-up custody conciliation in the office of the conciliator, Dawn S. Sunday, on Wednesday, September 2, 2009 at 9:00 a.m. Counsel for either party may contact the conciliator to expedite the conference in the event of a positive drug test result. 10. 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. BY THE COURT, cc: Johanna H. Rehkamp, Esquire -Counsel for Mother John M. Kerr, Esquire -Counsel for Father ~~.~#:i'3"~ f' `v'~~r~,,~a i ~~~~el~~:~~.'r. ~a~ eFc~sll ~ ~[1.. ~i~if'~AI~~ ~"~'° H1~ CVS/pharmacy 1 ~~~ ~ ~X B~ X17 944 174 •j P. 03/0, l ~~~ - ~'e*,..~, ~. . ~----~ ~ ~~~~~~ -~, M.o--o,~- ao.,e ~,+~-.mil ~a~..-Q~, a - AU.G :O~i-2009 09 16 AM CUS/pharmacy 1625 717 944 1747 P, 04/05 r I ~/ ,~ ~1 ~ ~-: LD~~ i';yam ~ ~ j't1 ~ ' ; r ~; ~.; ~ ~' i-~i, ~ ,t ~7~.0o PR1 Az-rI (~`~ 4sga CARYN J. MYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN L. SHAFER DF,FENDANT • 2009-2797 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Wednesday, August 12, 2009 ,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 Wednesday, September 16, 2009 at 12:00 PM for aPre-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 . 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 oftice. All arrangements must be made at least 72 hours prior to any hearing or business before the court. Y'ou 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 Fi ~,- ~~ Y }} V W! ~~r ~1 7 ~ ~; _ , b