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Home My WebLink About01-1921 TN THE COURT OF CO~ON PLE~S OF CUMBERL~ COUNTY, PENNSYLV~NTA CIVIL ACTION - LAW CRYSTAL MYERS, : Plaintiff : ROBERT MYERS, Defendant. : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, CRYSTAL MYERS, by and through her attorney, Maryann Murphy, Esquire, of MidPenn Legal Services, and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is CRYSTAL MYERS whose current address is 1425 Apple Drive, Apartment #141, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is ROBERT MYERS whose current address is 400 South York Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff seeks primary physical and legal custody of the following children- RYAN MYERS, born June 14, 1996 and JESSICA MYERS, born February 24, 1986 4. The children were born in wedlock. 5. Plaintiff currently resides with the minor children. 6. Defendant currently resides with his brother. 7. Durin~ the lifetime of the children, they have resided at the followin~ addresses with the followin~ persons- Time Addres~ W~thWhom birth-1988 Mechanicsburg, PA Plaintiff/Defendant 1988-5/00 Dillsburg, PA Plaintiff/Defendant 5/00-present 1425 Apple Drive Plaintiff Apt. #141 Mechanicsburg, PA 8. The father of the children is ROBERT MYERS. He is married to Plaintiff. 9. The mother of the children is CRYSTAL MYERS. She is married to Defendant. 10. Plaintiff has not participated as a party or witness or in any other capacity, in other litigation concerning the custody of the children in this or any other Court, except as set forth above. 11. The Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or in any other State. 12. The 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. Each parent whose parental rights to the children have not been terminated, and the persons who have physical custody of the children, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the children and therefore, no further notice of the pendency of this action and the right to intervene shall be ~iven, other than to the parties named herein. 14. The best interest and permanent welfare of the minor children will be served by ~rantin~ Plaintiff primary physical and legal custody of RYAN and JESSICA. WHEREFORE, Plaintiff requests this Honorable Court to grant her primary physical and legal custody of the minor children. Respectfully submitted, vices 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff VE~IFICATIOI~ I, CRYSTAL MYERS, verify that the statements made in the foregoing 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. IN TNE COU~T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CRYSTAL MYERs, : Plaintiff : V. · NO. · ROBERT MYERS, " Defendant " : IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of ~ _, 2001 I served a true and correct copy of the foregoing Complaint in Custody on the Defendant, ROBERT MYERS, at the address set forth below, by placing a copy of same in the United States Mail, postage prepaid, certified/restricted delivery. Robert Myers 400 South York Street Mechanicsbur~, PA 17055 Respectfully submitted, · MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 540-8600 I.D. # 61900 .. --7? ~...' · ! ~ ..... tO-;. '" f',.,: :~-.--.~ :-. ::,'.- ... . -'-~ "-"~ .~ --< r .~ -... CRYSTAL MYERS .' IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT MYERS : DEFENDANT ' 01-1921 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 05, 2001 _, upon consideration of the attached Complaint, · it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, Ap_ ril 18, 2001 at 2:30 p.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 the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. 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/ ~? 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CRYSTAL MYERS, ' · Plaintiff .. · V. :IN CUSTODY ROBERT MYERS, ' Defendant : PRA~CIPE TO PROCEED IN FOR~A PAUPERIS To the Prothonotary: Kindly allow, CRYSTAL MYERS, Plaintiff, to proceed in forma_ vauveri_s. I, Maryann Murphy, Esquire, of MidPenn Legal Services, attorney for the party proceeding in form_____~a vauveri_s, 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. Maryann l~urphy, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW · CRYSTAL MYERS, . .~ Plaintiff · NO. o~ ~ / 9 ,~/ ~ v. · IN CUSTODY ROBERT MYERS, Defendant AFFIDAVIT IN SUPPORT OF PETITION 1. I am CRYSTAL MYERS, 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. I represent that the information below relating to my ability to pay the fees and costs is tree and correct. (a) Name' CRYSTAL MYERS Address: (b) Social Security Number: 167-56-4538 ---- If you are presently employed, state Employer' Excel Lo istics Address' Salary or wages per month: 1 562.00 ross er month Type of work: Customer service ---- ------'--- If you are presently unemployed, state N/A Date of last employment' N/A Salary or wages per month: N/A - Type of work: N/A -- (c) Other income within the past twelve months Business or profession: -0- ~ Other self-employment: -0- ----- Interest' -0- --- Dividends: -0- Pension and annuities: -0- ----- Social Security benefits' -0- --- Support payments' ~ - Disability payments' -0- Unemployment compensation and supplemental benefits' -0- ______--~ Workman's compensation: _ -0- - Public Assistance: -0- ~ ~-- Other' -0- - (d) Other contributions to household support (Wife)(Husband) Name' N/A - If your (husband) (wife) is employed, state Employer: N/A Salary or wages per month:N/A---------- N/A~__-~ ---- Type of work: ~ Contributions from children: -0- ~ ---- (e) Property owned Cash: _.__$.50 Checldng Account: _$8.00 Savings Account: -0- Certificates of Deposit: ~ -0- Real Estate (including home)' believed to be in foreclosure ~ 1986 ~ Year __~ Motor vehicle' Make 1 t-c-l!g-Y-rgj'el~ ~ Cost~ Amount owed~ -0- ~ Stocks; bonds: Other: ~ (f) Debts and obligations -0- Mortgage: _ Rent: Loans' Monthly Expenses: (g) Persons dependent upon you for support (Wife) (Husband) N amc: N / A Children, if any' Name' JESSICA _ Age: ~ Name' RYAN Age' 4 ey.g_~_______----- 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 tree and correct. I understand that false statemems herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. '- - ~RY'~'-~A~ 1~] "APR 1 6 20Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION- LAW CRYSTAL MYERS, · Plaintiff · NO. ~ I ~ / ~°~ / Civil Term · ROBERT MYERS, · IN CUSTODY Defendant · ORDER OF COURT AND NOW, this ~ ~ f''' day of ]~ ~-,: t ,2001, upon presentation of the attached Stipulation for Entry of Custody Order, IT IS HEREBY ORDERED AND DECREED that custody ofthe minor children: JESSICA MYERS, bom February 24, 1986; and RYAN MYERS, bom June 14, 1996, is awarded as follows: 1. MOTHER shall have primary physical and legal custody of the minor children. MOTHER shall advise FATHER of all important matters concerning the minor children. 2. FATHER shall have partial physical custody of the minor children, with specific times to be determined by mutual agreement of the parents. 3. While in the presence of the children, neither parent shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimemary to the other parem. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 4. The parents shall share or alternate the holidays with the minor children. The specific times shall be determined by mutual agreement of the parents. 5. FATHER shall have the minor children on Father' s Day and MOTHER shall have the minor children on Mother's Day. 6. MOTHER and FATHER shall each have the opportunity to have the minor children for summer vacation every year. The specific times and days shall be determined by mutual agreemem of the parems. MOTHER and FATHER shall give each other written notice of their chosen time for summer vacation. In the event that both parents choose the same time for summer custody, the parent who gives first notice shall prevail. 7. Neither parent shall abuse alcohol or use illegal drugs forty-eight (48) hours prior to and during their respective periods of custody with the minor children. To the extent possible, both parents agree that they shall not permit the children to be in the presence of third parties who abuse alcohol or use illegal drugs. 8. Each parent shall provide the other with a current telephone number and address 9. Neither parent shall take the minor children out of the Commonwealth of Pennsylvania without prior notice to the other parent. The parent who is traveling out of the Commonwealth with the children overnight shall provide a telephone number and address of their destination to the other parent prior to the trip. 10. Both parents shall permit reasonable telephone access between the children and the other parent. The children shall be permitted reasonable telephone access to place calls to each of their parents while they are with the other. 11. This Order shall replace and supercede any and all prior Custody Orders, and shall remain in full force and effect until further Order of Court. BY THE COURT: IN THE COURT OF' cOMMON PLEAS OF CUMBERLAND coUNTY PENNS~VAN~ CIVIL ACTION - LAW · CRYSTAL MYERS, : NO. 0 / ~ ~ q ~ \ Civil Term plaintiff . · IN cUSTODY ROBERT MYERS, . Defendant The parties to this action, CRYSTAL MYERS (hereinafter referred to as ,'MOTHER"), and ROBERT MYERS (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody and partial custody with respect to the minor children: JESSICA MYERS, bom February 24, 1986; and RYAN MYERS, bom June 14, 1996, hereby stipulate and agree to the entry of an Order of Court awarding custody and partial custody of JESSICA and RYAN as follows: 1. The parents agree that MOTHER shall have primary physical and legal custody of the minor children. MOTHER agrees to advise FATHER of all important matters concerning the minor children. 2. The parents agree that FATHER shall have partial physical custody of the minor children, with specific times to be determined by mutual agreement of the parents. 3. While in the presence of the children, neither parent shall make, or permit any other · person to make, any remarks or do anything which could in any way be construed as derogatory or . __ r,~,,,,,acu reasonable telephone access to place calls to each of their parents while they are with the other. 11. The parents agree that this Agreement shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania for approval and for entry of an Order awarding custody and partial custody as set forth herein, and the parents hereby request that this Honorable Court enter such an Order. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. Date Witness CRY.,~L-M~I~ i! !1.~ ,'9 I: .~,/: /':' ., - ~,,~' :.. ~...' ~!.. ~. ~~ ..... Date Wi~ess ROBERT