Loading...
HomeMy WebLinkAbout04-3076RONDA S. CARVER, Plaintiff V. LEE A. MEYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N CUSTODY NO. Oq. bO?q, CIVILTERM NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. RONDA CARVER, Plaintiff LEE A. MYERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :CIV1L ACTION - LAW :IN CUSTODY :NO. 04- 307{, CIVIL TERM COMPLAINT FOR CUSTODY 1. The plaintiff is Ronda Carver, residing at 148 A Street, Carlisle, Cumberland County, PA, 17013. 2. The defendant is Lee A. Myers, residing at 56 Rolo Ct., Mechanicsburg, Cumberland County, PA 17055. 3. Plaintiff seeks custody of the following child: Name Present Residence A~e Tiffany Myers 148 A Street 5 Carlisle, PA The child was bom out of wedlock. This child is presently in the custody of Ronda Carver, who resides at 148 A Street, Carlisle, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: Individuals Ronda Carver Barbar L. Gaymen Ronda Carver Lee A. Myers Barbara L. Gaymen Address 148 A Street Carlisle, PA 17013 Same as above Date November 18, 2003- present June 2003- Nov. 18, 2003 Ronda Carver Lee A. Myers Barbara L. Gaymen Ronda Carver Lee A. Myers Ronda Carver Lee A. Myers 35 N. Hanover Street Carlisle, PA 17013 Same as above 1161/2 N. East Street January 2003- June 2003 October 2000-January 2003 Birth ~ October 2000 The relationship ofthe Plaintiffto the child is that ofmother. She is single. She currently resides with the following persons: Name Relationship Tiffany Myers Child Barbara L. Gaymen Plaintiff' s Mother The relationship of defendant to the child is that of father. He is single. He currently resides with the following persons: Name Relationship Shirlene Myers Defendant's Mother Ernest Myers Defendant's Father 4. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of this 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 another 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. 5. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has been the primary caretaker of the child since birth; b) Plaintiff provides child with a home with the necessary moral, emotional, and physical surroundings to meet the child's needs; c) Plaintiff continues to exercise parental duties on behalf of the child and enjoys the love and affection of the child; d) Plaintiff is willing to grant the father periods of partial custody in order for the child to develop a strong parent/child relationship with both parents. 6. 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. WHEREFORE, Plaintiff requests the court to Date:~~f Michael Macht Certified Legal Intern ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 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 unswom falsification to authorities. Ronda Carver, Plaintiff RONDA S. CARVER, Plaimiff LEE A. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 04-3o7¢ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Ronda Carver, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date '~/(~q j _~/spect. fully_ submitted, Certified Legal Intern ? LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 RONDA CARVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW v. :IN CUSTODY :NO. 04-3o?t, CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this ~ ~ay of /~-t-tT~ ,~ ,2004, between plaintiff, Ronda Carver (hereinafter "Mother), and defendant Lee A. Myers (hereinafter "Father"), concerns the custody and visitation of their minor child: Tiffany L. Myers (hereinafter "Child"), born on March 5, 1999. WHEREAS, Mother and Father desire to enter into an agreement as to the custody of the child and to have this agreement made an Order of Court, Mother and Father agree to the fbllowing: 1. Mother shall have sole legal custody of the child. 2. Mother shall have primary physical custody of the Child subject to periods of supervised visitation with Father. 3. Father shall exercise his periods of visitation at times mutually agreeable to the parties. 4. Father shall exercise his periods of visitation while under the supervision of a third party. Mother and Father must agree as to who may supervise Father's visitation with the child. 5. Mother has been represented by the Family Law Clinic in this matter. Father was advised of his right to seek legal counsel but has decided to proceed pro se. LEE A. MYERS, Defendant Ronda Carver Michael Macht Certified Legal Intern Lucy ~Walsh Anne MacDonald-Fox Thomas Place Robert Rains Supervising Attorneys Family Law Clinic 45 N. Pitt St. Carlisle, PA. 17013 (717) 243-2968 Lee A. Myers Date RONDA CARVER, Plaintiff LEE A. MYERS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLANiD COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN CUSTODY :NO. 04-3076 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this '~ ,7~ ~ ~ _.~-, c.~ _ aay o~ .~.~.s~.e.._ ,2004, between plaintiff, Ronda Carver (hereinafter "Mother), and defendant Lee A. Myers (hereinafter "Father"), concerns the custody and visitation of their minor child: Tiffany L. Myers (hereinafter "Child"), born on March 5, 1999. WHEREAS, Mother and Father desire to enter into an agreement as to the custody of the child and to have this agreement made an Order of Court, Mother and Father agree to the following: 1. Mother shall have sole legal custody of the child. 2. Mother shall have primary physical custody of the Child subject to periods of supervised visitation with Father. 3. Father shall exercise his periods of visitation at times mutually agreeable to the parties. 4. Father shall exercise his periods of visitation while under the supervision ora third party. Mother and Father must agree as to who may supervise Father's visitation with the child. 5. Mother has been represented by the Family Law Clinic in this matter. Father was advised of his right to seek legal counsel but has decided to proceed pro se. Ronda Carver ~ Date Michael Macht Certified Legal Intern Thomas Place Robert Rains Supervising Attorneys Family Law Clinic 45 N. Pitt St. Carlisle, PA. 17013 (717) 243-2968 Lee A. ~,Iyers Date 2004 RONDA S. CARVER, Plaimiff LEE A. MYERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION .- LAW : IN CUSTODY : NO. 04- :~0'2¢ CIVIL TERM AND NOW, this ORDER I -~ ,2004, the attached Custody Agreement is approved and entered as an Order of Court. RONDA S. CARVER, Plaintiff LEE A. MYERS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : IN CUSTODY : NO. 04-3076 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Macht, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the July 13, 2004 Order of Court on Lee A. Myers, at 56 Rolo Court, Mechanicsburg, PA, 17055, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested on July 16, 2004. ;Service was complete upon receipt by Lee A. Myers on the 23 day of July, 2004, as evidenced by the attached green card. Michael Macht Certified Legal Intern THE FAMILY LAW CLINIC 45 ]North Pitt Street Carlisle, PA 17013 (717) 243 -2968 rl-i Total Postage & Fees · Complete items 1.2, and 3. Also complete lm 4 if Restricted Delivery is desired. · rr nt your name and address on the reveme ~o that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if apace permits. 1. Article Addressed to: PS F A. Signature ~ ed by ( Pti. ted Name) I C'~Date of D e~y ,,~Retum Receipt for Merchandise [] [] C.O.D. 4. Rsetltcted De, very? (Ex/re Fee)