Loading...
HomeMy WebLinkAbout09-7859 JOSHUA D. PORTER, Plaintiff vs. AMANDA MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0 9- 1 S 5? Civil Term IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Joshua D. Porter, who currently resides at 336 E. Street, Carlisle, Cumberland County, Pennsylvania, 17070. 2. Defendant is Amanda Myers, whose current address is 738 Sandbank Road, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 3. Plaintiff is the Father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Layden Paul Porter 7/10/08 738 Sandbank Road Mount Holly Springs, Pa. 17065 Mother and Father were never married. Mother currently has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Joshua D. Porter 738 Sandbank Road Birth - 9/30/09 Amanda Myers Mount Holly, Pa. 17065 Rodney and Cynthia Myers (maternal grandparents) Amanda Myers Conrad Road 9/30/09 to present Brandon Walters Carlisle, Pa. 17013 The mother of the child is Amanda Myers. She currently resides at 738 Sandbank Road, Mount Holly Springs, Pa. 17065. She is not married. The father of the child is Joshua D. Porter. He currently resides at 336 E. Street, Carlisle, Pa. 17013. He is not married. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with paternal grandmother. 5. The relationship of defendant to the child is that of Mother. The defendant currently lives with the child and her parents. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated on September 30. 2009. Father is seeking a custody Order which would provide him with shared legal custody and liberal periods of partial physical custody. This request is the in the best interest of the child because it would provide stability for the child and ensure contact with both parents. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Date: Respectfully submitted, Jane dams, Esquire . D o. 79465 South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody 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 falsification to authorities. Date: y???o Osl D. Porter, Plaintiff 2G9! 2 Fli 2: E G. }t I , e,? ? 5 y 1 O-??, ptd0.m ? Re?c ?-t?' as s y o a JOSHUA D. PORTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA MYERS DEFENDANT 2009-7859 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 19, 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 Tuesday, December 15, 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. 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 Fl D-OffiGE 0FTHc1 NARY 2009 NOV 19 Pli 12: 23 el1Ml S ;u ` 0UNTY F?INSY?IA loll JOSHUA D. PORTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW AMANDA MYERS, Defendant NO. 2009-7859 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of January, 2010, the parties having appeared in court and represented that they have resolved their differences without the need for a hearing, the Court enters the following order in accordance with their agreement: 1. Father and mother shall enjoy shared legal custody of Layden Paul Porter, born on July 10, 2008. Shared legal custody entails, among other things, the parties providing equal access to all records, be they medical, educational, religious or otherwise, and consulting one another before making any major decisions, except in cases of an emergency, that impact Layden. 2. The parties shall share physical custody, with father enjoying periods of physical custody as follows: A. Every weekend, commencing January 29, 2010, from Thursday at 3:00 p.m., or approximately 30 minutes after father gets off work, until Sunday at 8:00 p.m. B. Every other Tuesday, commencing on February 2, 2010, from 3:00 p.m. until Wednesday at 8:00 a.m. 3. The parties shall share holidays as follows: A. Mother shall have physical custody every Mother's Day from 9:00 a.m. until 8:00 p.m. B. Father shall have physical custody every Father's Day from 9:00 a.m. until 8:00 p.m. C. The parties shall have substantially equal blocks of physical custody on Layden's birthday. D. For the Christmas holiday, the holiday shall be split into two segments. Segment A shall be December 24th at 4:00 p.m. until December 25th at 4:00 p.m., and Segment B shall be from December 25th at 4:00 p.m. until December 26th at 4:00 p.m. For 2010, father shall have Segment A and mother shall have Segment B and will enjoy the same on every even numbered year thereafter. For 2011, mother shall have Segment A and father shall have Segment B and will likewise enjoy those periods on every other odd numbered year thereafter. E. On Thanksgiving, mother shall have physical custody from 9:00 a.m. to 3:00 p.m. every year, and father shall have physical custody from 3:00 p.m. to 9:00 p.m. every year. F. On Easter, father shall have custody from 9:00 a.m. to 3:00 p.m. every year, and mother shall have custody from 3:00 p.m. to 8:00 p.m. every year. 4. Should father have custody over a weekend period that is followed by a Monday holiday, father will return Layden to mother at 8:00 p.m. on Monday if he is not working on that day. 5. During the summer, each party shall have two nonconsecutive weeks with the child, those weeks being comprised of six overnight periods that are agreed upon by the parties 30 days in advance. 6. In 2010 alone, mother shall enjoy the physical custody of Layden from Friday, February 5th at 8:00 p.m. until Sunday, February 7th at 8:00 p.m. As previously stated, father shall have all other weekends until further order of court. r ~ 7. The parties may agree to modify or alter the above custody schedule. Absent an agreement, the parties shall comply with the above schedule pending further order of court. 8. The parties will share equally in the transportation of the child, with exchanges to take place at either the paternal grandmother's home or the maternal grandparents' home. The parties should communicate the details of those exchanges, barring emergencies, on the day before the exchange is to take place. By the Court, Jane Adams, Es uire For Plaintiff q ~da Myers, pro se Defendant Sheriff prs ~~ m~.~~~ ~~ Albert H. Mas and, . c7 ^~ _ (`- ~'7 ` p ~ ~.~. _ __ _ ^.v ~i:~.~_ , ~~ r,~_ ~~ _ - °` -r _- r:; ~, -~ ~~;~ `; _~. m_ =< • JOSHUA D. PORTER, Plaintiff vs. AMANDA MYERS, Defendant IN THE COURT OF COMMON PLEAS C., .of CUMBERLAND COUNTY, PENNSYLV rn No. 2009 - 7859 Civil Term Z?acA' .{a IN CUSTODY a? a N X` a ?v o, ?s oC*j -ir'e' a PETITION FOR MODIFICATION -t G,3 co 1. Plaintiff/Petitioner is Joshua D. Porter, (hereinafter "Father"), who currently resides at 336 E. Street, Carlisle, Cumberland County, Pennsylvania, 17070. 2. Defendant/Respondent is Amanda Myers, (hereinafter "Mother"), whose current address is 738 Sandbank Road, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 3. The parties are the natural parents of Layden Paul Porter, (hereinafter "Child"), born on July 10, 2008, age 2. 4. On January 21, 2010, a court Order was entered regarding custody of the Child, which provided for the parties to share physical and legal custody. 5. Father does not believe that the arrangement in the prior Order is in the best interest of the child because: (a) Father has knowledge and belief that the child is not staying with Mother during her periods of physical custody, and that she is instead mostly leaving the child with third parties which are primarily providing care for the child. Mother is not working but rather, socializing during these times. (b) Father has witnessed Mother putting the child in the car without a car seat, or proper child safety restraint. (c)Father is extremely concerned that Mother routinely uses illegal drugs. (d) Father has observed numerous bruises and bite marks on the child when he returns from Mothe'r's house, which leads him to have extreme concern that the Child is being properly supervised when in Mother's care. pd-,#?w #? IkIdmi QkSt uG6a (e) Father has been primarily involved in the child's medical care, and takes the child for regular check-ups and to the doctor when he is sick. Mother has repeatedly cancelled or not shown up for doctor's appointments for the child's immunizations and physicals. (f) Mother does not encourage ongoing and continuing contact with Father, or facilitate shared legal and physical custody. Specifically, she listed another man as the Father of the child with the family doctor, she refused to provide substantially equal time for father on the child's birthday, and she regularly threatens to take Father's periods of physical custody away. 6. It would be in the best interest of the child to modify this Order because a substantial change of circumstances has occurred and the prior agreement and Order does not adequately provide for the children. 7. Father is requesting that the current custody Order be modified to provide that he have primary custody of the child, as he is in a better position to provide for the safety and security of the child. 8. It is believed and averred that the best interest and permanent welfare of the child will be promoted by changes proposed in this custody petition because the modification will ensure the child's safety and well being. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the child. Respectfully submitted, Date u,aq T Aaams, tsquire No. 79465 est South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Petition for Modification 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 falsification to authorities. Date: (1 a 3 « Jos a D. Porter, Plaintiff JOSHUA D. PORTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. C-) (= r.3 • 2009-7859 CIVIL ACTION LAW cz? r?:, ri x -, rT? r*t ? AMANDA MYERS ? DEFENDANT . IN CUSTODY ?? cn C=' .'= C) > c c.? r i i ORDER OF COURT - D crt AND NOW, Friday, December 03, 2010 , 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 Friday, January 07, 2011 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/ Hubert X. Gilroy, Es q. 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. /1-6 Ilk Lt??el 4 I A0 Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JOSHUA D. PORTER, Plaintiff VS. AMANDA MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N CS NO. 2009-7859 -? IN CUSTODY = M ?' rrl cn r- i -< J 4J COURT ORDER - N -: AND NOW, this day of? algey , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: M 6 A hearing is scheduled in the above matter Courtroom No. 5 in the Cumberland County Courthouse on the a day of ` X41 L , 2011, at 1:3o -jq-. in. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify at the hearing, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of January 21, 2010, shall remain in place subject to the following modifications: A. For exchange of custody, both parties may have a third party handle the transportation issues. BY THE COURT, I J Albert H. Masland, Judge e? cc: ? ,,,,Jane Adams, Esquire OOP Gregory Hazlett, Esquire a(?I ?pj s JOSHUA D. PORTER, Plaintiff VS. AMANDA MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-7859 IN CUSTODY PRIOR JUDGE: The Honorable Albert H. Masland 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: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Layden Paul Porter, born July 10, 2008 2. A Conciliation Conference was held on January 28, 2011, with the following individuals in attendance: The father, Joshua D. Porter, with his counsel, Jane Adams, Esquire, and the mother, Amanda Myers, with her counsel Gregory Hazlett, Esquire. 3. The parties were before the Court in January of 2010 at which time they reached an agreement that, essentially, is a shared physical custody arrangement. Father has now expressed concern with respect to mother's ability to care for the child. At the conciliation, Mother voiced similar concerns with regards to the Father. Father is seeking primary custody and Mother is seeking primary custody. A resolution could not be reached at the conciliation conference and a hearing is required. The Conciliator recommends an Order in the form as attached. Date: January ` 3 2011 11je W ertX. Gil y, Esquire Custody Co ciliator ir IN THE COURT OF COMMON PLEAS OF CUMBERLAND! COUNTY, COMMONWEALTH OF PENNSYLVANIA Joshua D. Porter CIVIL ACTION----LAW Plaintiff NO. 2009-7859 Vs. r , IN CUSTODY `-= Amanda Myers, '' Defendant? .v ? MOTION TO WITHDRAW AS COUNSEL ?o - 5 Gregory S. Hazlett, Esquire, hereby moves this court for the entry of an;Order ai ozir his withdrawal as counsel for Amanda Myers, defendant in the aforementioned action. In support thereof, Counsel respectfully represents: 1. Counsel represents Plaintiff relative to a Child Custody matter that Was initiated by plaintiff against the foregoing defendant. 2. Counsel attended a conciliation hearing on the matter of custody b?fore Hubert Gilroy, Esquire whereupon the Order was left unmodified pending hearing before the Court. 3. Defendant has a court hearing before the Honorable Judge Maslan4 on May 12tH, 2011 at 1:30 p.m. to decide the issue of custody. 4. Defendant was advised repeatedly by counsel at his last conciliation hearing held on January 24h, 2011, that counsel had to be paid prior to his attendance at the custody hearing or counsel will not attend the hearing. 5. Defendant's father made an appointment on Friday April 15th, 2011 agreeing to pay the fee on behalf of defendant and failed to appear for the appointment or call to reschedule or acknowledge his absence. 6. Defendant left a message for the defendant and defendant's father with whom she resides, on Friday afternoon advising him that if he did not receive the fee on or before Monday April 18th 2011 that counsel would withdraw from) the case. 7. Counsel again left a message on Monday April 18th, 2011 stating that he would be withdrawing from the case. 7 C7 . -r, CD C- I 40 8. Neither the defendant nor her father has returned any of counsel's calls to date. 9. The attorney's quality of representation will be severely compromised due to the level of time and effort that needs to be expended in the absence of any financial remuneration. WHEREFORE, Counsel respectfully requests that the Court, enter an Order authorizing Counsel to withdraw from representing the defendant Amanda Myers, in this case, and granting such other and further relief as is just and proper. RESPECTFULLY, GREGORY S. HAZLETT pfy' . , Esquire est in Street panics urg, PA. 17055 Atty I.D. 61528 Phone: 717790-5500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA JOSHUA D. PORTER PLAINTIFF VS. AMANDA MYERS, DEFENDANT Civil Action---CUSTODY M :Docket No. 2 =M - M- ?/yy;; CC?? n -csm A .4i tn CERTIFICATE OF SERVICE I, Gregory S. Hazlett, Esquire, hereby certify that on the 28th day of April, 2011. I made service of the foregoing Motion to Withdraw as Counsel and Rule To Show Cause upon the following interested parties listed hereunder by way of first class mail postage prepaid addressed to the individuals as listed hereunder. AMANDA MYERS 738 SANDBANK ROAD MT. HOLLY SPRINGS, PA. 17065 JANE ADAMS, ESQUIRE 17 WEST SOUTH ST. CARLISLE, PA. 17013 COUNSEL FOR PLAINTIFFIMOVANT GREGORY Gieeof lett, Es-q-hir 7 est ain Street Mechanicsburg, PA. 17055 Phone: 717-790-5500 JOSHUA D. PORTER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA MYERS, ; DEFENDANT 09-7859 CIVIL TERM ORDER OF COURT AND NOW, this '5'? day of April, 2011, upon consideration of the motion to withdrawn as counsel of Amanda Myers filed by Gregory S. Hazlett, Esquire, a Rule is issued on the defendant to show cause why the relief should not be granted. This Rule is to be returned in writing seven (7) days after it has been served on the defendant by Attorney Hazlett. If no response is filed by the defendant, counsel shall be permitted to withdraw and defendant shall appear, with or without counsel, for the hearing on May 12, 2011 at 1:30 p.m. By the Court, Jane Adams, Esquire -copy tnai;I4 For Plaintiff Albert H. Masland, J. Gregory S.Hazlett, Esquire - hand deliverej For Defendant :saa g// C'> c n•? td ? r- r;< CO r>-; L r ' Z j-n z © ??