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HomeMy WebLinkAbout01-1086KIMBERLY MYERS Plaintiff vi. ROBERT F. ERFORD, SR. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. ~/- /o~Z. ~_~J 7~,~ :CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Kimbedy Myers, an adult individual whose residence is at 98 Fairview Street, Lot 11, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Robert F. Erford, Sr., an adult individual whose residence is at 42 West Main Street, Apartment 1, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of her child Joshua Alan Erford, born February 1, 1988, currently residing at 98 Fairview Street, Lot 11, Carlisle, Cumberland County, Pennsylvania. 5. Name Kimbedy Myers Kimbedy Myers Kimbedy Myers Kimberly Myers & Robert F. Erford, Sr. Kimberly Myers & Robert F. Erford, Sr. The child is presently in the custody of Plaintiff. Since the child birth, the child have resided at the following addresses: Address 98 Fairview Street, Lot 11 Carlisle, PA 17013 76 W. Main Street Plainfield, PA 7 Piepers Court Carlisle, PA 17013 434 N. Piff Street Carlisle, PA 17013 Pitt Street Carlisle, PA 17013 Dates Present - January 2000 January 2000 - January 1999 January 1999- July 1998 July 1998- October 1997 October 1997 - January 1996 The relationship of the Plaintiff to the child is that of natural mother. The relationship of the Defendant to the child is that of naturaJ father. 8. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. 11. 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. Not other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court Respectfully Submitted TURO LAW OFFICES Date Robert JZ. Mulderig, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa, C.S. §4904 relating to unsworn falsification to authorities. Date K/j,'flberly Myers KIMBERLY MYERS Plaintiff ROBERTF. ERFORD, SR. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 0~- 1~0(~ o~ :CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Kimberly Myers, Plaintiff, to proceed in forma pauperis. I, Robert J. Mulderig, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's Affidavit showing inability to pay the costs of litigation is attached hereto. Respectfully Submitted TURO LAW OFFICES Date Robert J/,Rvlulderig, Es'q~/ire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff KIMBERLY MYERS Plaintiff vi. ROBERT F. ERFORD, SR. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. ~/-/~' ~>~L~ -~-~ :CUSTODY AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. ~ represent that the information below relating to my ability to pay the fees and costs is true and correct. a. Name: b. Address: Kimberlv Mvers 98 Fairview Street, Lot 11 Carlisle. PA 17013 Social Security Number: 202-42-6836 If you are presently employed, state Employer: Address: Salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: f= Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security benefits: Support payments: $43.00 per month Disability payments: $501.00 disability (Kim) Unemployment compensation and Supplemental benefits: $118.00 weekly (Glenn) Workman's compensation: Public Assistance: Other: Other contributions to household support Wife/Husband Name: If your Husband/VVife is employed, state: Employer: Salary or wages per month: Type of work: Contributions from children: Property owned Cash: Checking Account: $17.00 Savings Account: Certificates of Deposit: Real Estate (including home): Motor vehicle: MakeFirebird CostS100.0o Stocks; bonds: Other: Year1984 Amount owed Debts and obligations Mortgage: Rent: $425100 Loans: Monthly Expenses: $967.00 h, Persons dependent upon you for support Wife/Husband Name: Glenn H. Myers, III Children, if any: Name: Joshua Erford Age:13 Name: Kamsa Taylor Age:14 Name: Austin Myers Age:7 mths 4. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this Affidavit 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 K/Ymberiy Mye~/Defendatit KIMBERLY MYERS PLAINTIFF V. ROBERT F. ERFORD, SR. DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1086 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 27, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, March 27, 2001 at 11:00 a.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 thc issues to be heard by thc court, and to enter into a temporary order. All children age five or older may also bc 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: /s/ Melissa P. Greevy, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 APR 0 9 2001~ KIMBERLY MYERS, Plaintiff VS. ROBERT F. ERFORD, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1086 : : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT AND NOW, this I1~ day of April, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Kimberly Myers and Robert F. En~ord, Sr., shall have shared legal custody of the minor Child, Joshua Alan Erford, born February 1, 1998. 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 his health, education and religion. Pursuant to the terms of 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 of 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. 2. Physical Custody. The Mother, Kimberly Myers, shall have primary physical custody of the minor Child. The Father, Robert F. Erford, Sr., shall have partial custody arranged as follows: A. On March 31, 2001, from 2:15 p.m. until April 1,2001, at 11:30 p.m. To commence April 13, 2001, on alternate weekends from Saturday at 9:00 a.m. until Sunday at 8:30 p.m. In the event that the Father is required to work during his weekend of custody, Father's custodial time shall be from 2:15 p.m. after work on Saturday until Sunday at 8:30 p.m. Father shall enjoy additional periods of custody during the summer from Mondays at 10:30 p.m. until Wednesdays at Noon each week. This shall commence the first Monday evening following the completion of school for the 2000-2001 school year. 3. Summer Vacation. Each party shall be entitled to up to seven continuous days of uninterrupted custody for the purpose of summer vacation. Each party shall provide to the other at least a thirty-day notice of their intended vacation schedule. In the event that the parties have scheduled conflicting or overlapping vacations, the party first providing the other with written notice shall have the choice of vacation week. Vacation weeks shall begin with the vacationing parent's custodial weekend. No. 01-1086 4. Holidays. Christmas. The parties shall share Christmas on an NB schedule. Segment A shall be from December 24th at Noon until December 25m at Noon. Segment B shall be from December 25th at Noon until December 26th at Noon. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. Thanksgiving. The Thanksgiving holiday shall be shared on an NB schedule. Segment A shall be from 9:00 a.m. until 3:00 p,m. Thanksgiving Day. Segment B shall be from 3:00 p.m. until 9:00 p.m. Thanksgiving Day. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. Other Holidays. Mother shall have New Year's Eve and Father shall have New Year's Day each year. Mother's Day shall be with Mother and Father's Day shall be with Father. In odd-numbered years, Father shall have Easter and Independence Day and Mother shall have Memorial Day and Labor Day. In even-numbered years, Mother shall have Easter and Independence Day and Father shall have Memorial Day and Labor Day. 5. This Order is temporary in nature and may be modified by express mutual agreement of the parties. BY THE COURT, Oist: KIMBERLY MYERS, Plaintiff VS. ROBERT F. ERFORD, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1086 : : CIVIL ACTION - LAW : 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 Joshua Alan Erford February 1, 1998 Mother 2. A Custody Conciliation Conference was held on March 27, 2001, with the following individuals in attendance: the Mother, Kimberly Myers, and her counsel, Robert J. Mulderig, Esquire; the Father, Robert F. Erford, Sr., Pro Se. Date 3. The parties reached an agreement in the ~.~an Order as attached. Custody Conciliator