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HomeMy WebLinkAbout01-4950JULIE MYERS, Plaintiff MICHAEL MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4950 : CIVIL ACTION - LAW : IN CUSTODY EMERGENCY, PETITION FOR THE RETURN OF A MINOR CHILD IN VIOLATION OF COURT ORDER AND PETITION FOR CONTEMPT AND NOW, comes Plaintiff, Julie Myers, by and through her counsel, REAGER & ADLER, PC, and petitions this court for emergency relief and for a finding of contempt as follows: 1. The parties to this case are the natural parents of two minor children, namely Corey Myers, date of birth, October 9, 1987 and Lauren Myers, date of birth, December 4, 1989. 2. On August 23, 2001, Plaintiff filed a Divorce Complaint containing a custody count. 3. On September 5, 2001, the parties attended a custody conference before Melissa P. Greevy. 4. Oh October 2, 2001, an Interim Order of Court was entered and is attached hereto as Exhibit "A". Pursuant to the terms of the Interim Order of Court, Mother shall have primary physical custody iof the children subject to Father's rights of partial liberal custody on alternating weekends from Thursdays until Monday morning and on Wednesday overnight. 5. During the last several months, Defendant has unilaterally amended or altered the Court Order to suit his desires. 6. On several occasions, he specifically refused to relinquish custody of the minor children pursuant to this Court Order. More specifically, pursuant to the parties' Order on Thursday July 25~, Plaintiff was to regain custody of the minor child, Corey, for the weekend. She repeatedly attempted to contact Defendant, both by telephone and in person, to pick up the minor child. 7. In addition, Plaintiff's counsel has called defense counsel on two occasions requesting the rem of the child. No response has been given. 8. On July 29, 2002, Plaintiffpresented herself at Defendant's home to pick up the minor child, Corky. The police were called and indicated that they were unable to enforce the Interim order of Court. 9. Defendant has engaged in self-help remedies and is improperly maintaining custody of the minor child, Corey, in violation of the order. 10. It is believed that without an additional Court order, the minor child, Corey, will not be returned. WHEREFORE, Petitioner requests this Honorable Court to make a interim finding of contempt and to 6rder the immediate return of Corey Myers and to suspend visitation until such time as Defendarit proves that he is able to follow a court order. Respectfully submitted, R_EAGER & ADLER, PC BY: Attorney ID/~-6378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff I, Julie Myers, hereby verify and state that the facts set forth in the foregoing Petition for Contempt are tree and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom verification to authorities. Juli~vlyers (7 EXHIBIT "A" MICHAEL MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4950 : : CIVIL ACTION - LAW :. CUSTODY INTERIM ORDER OF COURT BayleY, J.- AND NOW, this ,~_n__cJ day of OctOber, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. 'l;his Custody Order shall supercede the custody provisions provided in Paragraph 6 of the August 30, 2001, Protection From Abuse Order docketed at 95-3498 Civil Term. 2. Legal Custody. The parties, Julie Myers and Michael Myers, shall have shared legal custody of the minor Children, Corey Myers, born October 9, 1987, and Lauren Myers, born December 4, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school ~ecords, the residence address of the Children 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. 3. Physical Custody. Pending further Order of Court or an agreement of the parties, Mother shall have majority physical custody subject to Father's rights of liberal partial custody arranged as follows: To commence September 27, 2001, on alternate weekends, from Thursdays from the time school is adjourned until school resumes the following Monday. To commence October 3, 2001, on WednesdaYs from the time school is adjourned until it resumes on Thursday morning each week. No. 01-4950' Civil Term 4. The parties shall submit themselves and their minor Children to an independent custody evaluation to be performed by Dr. Stanley Schneider. The parties shall sign all necessary releases and authorizations for the evalUator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashiOn and in the scheduling of appointments. The cost of the evaluation shall be born equally by the parties. 5. Within ten days following counsels' receipt of the report', counsel for either party may request that the Custody Conciliation Conference reconvene. Alternatively, the counsel may request that the.matter be set for a hearing before the Court. 6. ' The parties shall be prohibited from any discussion of custody, divorce, or protection from abuse litigation in the presence or earshot of the minor Children. 7. Counsel for the parties Will attemPt to work out a more detailed custodial arrangement to include the sharing or alternating of holiday time pending the resolution of the custody litigation or an agreement of the parties. In the event that counsel need assistance with working out the holiday schedule, an additional Custody Conciliation Conference may be scheduled for that specific purpose. Dist: BY THE COURT, Edward J. Weintraub, Esquire, 2650 N. Third Street, Harrisburg, PA 17110 Max J..Smith, Esquire, 134 Sipe Avenue, Hershey, PA 17033 TRUE COPY FROM. RECORD In TestimOny whereo,/,'l here unto §et my hand an~,~l~ seal of sai/~l/Cou~t~C~ar ~.~le, Pa. 7--"'"' ........... JULIE MYERS, VS. MICHAEL MYERS, Plaintiff : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 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 Children who are the subject of this litigation is _as follows: NAME Corey Myers Lauren Myers October 9, 1987 December 4, 1989 CURRENTLY IN CUSTODY OF Mother Mother 2. A Custody Conciliation Conference was held on September 25, 2001, with the following individuals in attendance: the Mother, Julie Myers, and her counsel, Edward J. Weintraub, Esquire; the Father, Michael Myers, and his counsel, Max J. Smith, Jr., Esquire. 3. The parties reached an agreement in the form of an Interim Order as attached. Date CERTIFICATE OF SERVICE I, Debra Denison Cantor, Esquire, hereby certify that on the date set forth below, a true and correct copy of the foregoing, Emergency Petition for the Return of a Minor Child in Violation of Court Order and Petition for Contempt, was served on the Defendant via United States First Class Mail, postage prepaid as follows: Max J. Smith, Jr. Esquire 134 Sipe Avenue Hummelstown, PA 17036 JULIE A. MYERS, PLAINTIFF V. MICHAEL A. MYERS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · 01-4950 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of August, 2002, a hearing on the emergency petition filed by plaintiff is scheduled for Wednesday, August 14, 2002, at 1:30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Debra Denison Cantor, Esquire For Plaintiff Max Smith, Esquire For Defendant Edgarq3.-Ba~/l~y~ J.~ _ ~ ~~'/~.)o~., :saa JULIE MYERS, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA vs. *.o. MICHAEL MYERS, * CIVIL ACTION - LAW Defendant * IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAVVYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 JULIE MYERS, * Plaintiff * VS. * MICHAEL MYERS, * Defendant * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is, Julie Myers, who currently resides at 67 Sherwood Circle, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is, Michael Myers, who currently resides at 67 Sherwood Circle, 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on May 18, 1985. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there are two (2) children of the parties under the age of eighteen. thereto. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. 12. thereto. 13. 14. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the Parties is irretrievably broken. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502 and §3503 OF TIlE DIVORCE CODE 15. thereto. 16. The prior paragraphs of this Complaint are incorporated herein by reference Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER §3502(d) OF THE DIVORCE CODE 17. thereto. The prior paragraphs of this Complaint are incorporated herein by reference 18. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 19. Pursuant to Section 3502(d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT V. REQUEST FOR CONFIRMATION OF CUSTODY UNDER §3104(A)(2) AND 3323(B) OF THE DIVORCE CODE 20. thereto. 21. The prior paragraphs of this Complaint are incorporated herein by reference The parties are the parents of the following unemancipated children who reside with Plaintiff: (~IAME AGE Corey Myers 13 Male 10/9/97 Lauren Myers 11 Female 12/4/89 22. the addresses herein indicated. FROM ~ 6/90 2/98 2/98 present During the past five years, the children have resided with the parties and at 23. Mother and Father 885 Acri Road, Mechanicsburg, PA Mother and Father 67 Sherwood Circle, Enola, PA Plaintiff has not participated in any other litigation concerning the children in this or any other state. 24. There are no other proceedings pending involving custody of the children in this or any other state. 25. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 26. The best interests of the children will be served if custody of them is confirmed in Plaintiff. WHEREFORE, Plaintiff respectfully requests that, pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming custody of the children in Plaintiff. 27. thereto. 28. COUNT VI. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 29. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 30. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. Date: BY: EDWARD J. WEINTRAUB, ESQUIRE 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #17441 ATTORNEY FOR PLAINTIFF VERIFICATION I, Julie Myers, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: J 'Myers JULIE MYERS, : Plaimiff : V. : MICHAEL MYERS, : Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4950 CIVIL TERM ORDER OF COURT AND NOW, this 4m day of September, 2001, upon consideration of Plaintiffs Petition for Exclusive Possession of Marital Residence Pursuant To Section 3502(c) of the Divorce Code, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Edward J. Weintraub, Esq. 2650 North Third Street Harrisburg, PA 17110 Attorney for Plaintiff Michael Myers 67 Sherwood Circle Enola, PA 17025 Defendant, Pro Se BY THE COURT, esley Oler~., j. t~ :rc JULIE MYERS, Plaintiff V. MICHAEL MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4950 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of September, 2001, upon consideration of Plaintiff's Petition To Prevent Dissipation of Marital Assets, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Edward J. Weintraub, Esq. 2650 North Third Street Harrisburg, PA 17110 Attorney for Plaintiff Michael Myers 67 Sherwood Circle Enola, PA 17025 Defendant, Pro Se ~rc c~ JULIE MYERS PLAINTIFF V. MICHAEL MYERS DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4950 CIVIL ACTION LAW IN CUSTODY AND NOW, Wednesday, September 05, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties end their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, September 25, 2001 at 1:00 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/ Mells~a P. Greevy. Esq.[/-./ Custody Conciliator The Court of Common Pleas of Cumberlend County is required by law to comply with the Americens 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 heating. 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 JULIE MYERS * IN THE COURT OF COMMON PLEAS Plaintiff * CUMERLANDCOUNTY, PENNSYLVANIA · No. 014950 MICHAEL MYERS * CIVIL ACTION - LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on September 7, 2001, I served a true and correct copy of the Petition to Prevent Dissipation of Marital Assets with Order of Court, Petition for Exclusive Possession of Marital Residence with Order of Court and Complaint in Divorce with Order of Court upon Max Smith, Counsel for Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Max J. Smith, Jr., Esquire P.O. Box 650 Hershey, PA 17036 JULIE MYERS, Plaintiff MICHAEL MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 Civil : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT 1N DIVORCE AND NOW COMES the Defendant, MICHAEL MYERS, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully responds to the Complaint in Divorce as follows: 1. Admitted. By way of further response, it is averred that Plaintiff shall soon be relocating to an unknown address in Cumberland County, Pennsylvania. 2.-8. Admitted. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE 9. Neither admitted nor denied, as no response is required. 10. Denied. Defendant believes that the parties may reconcile, and therefore denies that the marriage is irretrievably broken. 11. Denied. Defendant believes that the parties may reconcile, and therefore denies that the marriage is irretrievably broken. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 12. Neither admitted nor denied, as no response is required. 13. Denied. Defendant believes that the parties may reconcile, and therefore denies that the marriage is irretrievably broken. 14. Denied. Defendant has no knowledge of Plaintiff's intentions regarding the submittal of an affidavit alleging that the parties have lived separate and apart for a two year period. By way of further response, it is premature to allege grounds for a divorce under Section 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502 and §3503 OF THE DIVORCE CODE 15. Neither admitted nor denied, as no response is required. 16. Denied. As Defendant believes that a divorce is not appropriate, it is denied that the court is empowered to equitably divide the marital assets of the parties. COUNT IV REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER §3502(d) OF THE DIVORCE CODE 17. Neither admitted nor denied, as no response is required. 18. benefit. Denied. The parties together have maintained various insurances for their mutual 19. Denied. Defendant submits that the status quo should remain with respect to the parties' policies of insurance. 20. COUNT V REQUEST FOR CONFIRMATION OF CUSTODY UNDER §3104(A)(2) AND 3323(B) OF THE DIVORCE CODE Neither admitted nor denied, as no response is required. 21. Admitted. 22. Admitted, except to the extent that the parties had been separated briefly in the past. 23. Denied. Plaintiff filed a Complaint for Custody in the Court of Common Pleas of Cumberland County on July 30, 1996, docket no. 96-4299. 24. Admitted. 25. Admitted. 26. Denied. The best interests of the children will be served by the parties remaining together and maintaining joint custody of their children. COUNT VI REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER §3104 OF THE DIVORCE CODE 27. Neither admitted nor denied, as no response is required. 28. Denied. This is a conclusion of law to which no response is required. 29. Denied. As Defendant wishes to preserve the marriage of the parties, no settlement agreement is necessary. 30. Denied. As Defendant wishes to reconcile, it is premature to discuss the potential incorporation of any agreement into a decree in divorce. WHEREFORE, Defendant respectfully requests this Honorable Court to: (a) (b) (c) (d) deny a divorce under Section 3301(c) of the Divorce Code; deny a divorce under Section 3301(d) of the Divorce Code; deny Plaintiff's request to equitably divide the marital assets of parties; deny Plaintiff's request for continued maintenance and beneficiary designations of existing policies; (e) deny Plaintiff's request for confirmation of custody; (f) deny Plaintiff's request for approval of any settlement agreement, and incorporation thereof in divorce decree; and (g) deny any and all other relief which has been requested by Plaintiff; and (f) order such further relief as the Court may determine equitable and just. Date: September [7 ,2001 Respectfully submitted, MAX J. S . ire I.D. No. 32114 James, Smith, Durkin & Connelly t~Lt, P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Answer on are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworu falsification to authorities. MICHAEL MYERS t - ' JULIE MYERS, Plaintiff VS. MICHAEL MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 Civil : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this i -) . day of September, 2001, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant's Answer to Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Law Office of Edward J. Weintraub & Assoc. Attn: Edward J. Weintraub, Esquire 2650 N. Third Street Harrisburg, PA 17110 MAX J SMI~, JR, Esqmre I.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY t~ P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JULIE MYERS, Plaintiff MICHAEL MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4950 CIVIL : : CIVIL ACTION - LAW : IN DIVORCE ANSWER TO PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW comes the Defendant, MICHAEL MYERS, by his attorney, MAX J. SMITH, JR., Esquke, and respectfully states as follows in response to said Petition: 1. Denied. Petitioner has vacated the premises at 67 Sherwood Circle, Enola, Pennsylvania, the marital home of the parties. Her current address is unknown. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that the parties were married on May 18, 1995, and that they are the parents of two minor children, Corey and Lauren. As the parties are separated, it is expected that custody of the children shall be shared between the parers. 4.-7. Admitted. 8. Denied. An Order was issued by Judge Edgar B. Bayley on August 30, 2001 awarding Defendant exclusive possession of the marital residence effective September 10, 2001. (See copy of Order marked Exhibit "A", attached hereto and made part hereof). Such Order was entered pursuant to an agreement of the parties. 9. Denied. The parties have been joint caretakers and nurturers of their children. 10. Admitted, to the extent that the children have been uprooted, and should be returned to the marital home. It is denied that Plaintiff should be the parent having possession of the marital home; instead, the children should be returned to the marital home to reside with Defendant. 11. Denied. Defendant has not engaged in any conduct which would warrant an award of exclusive possession of the marital home to Plaintiff. By way of fmther response, the issues raised in paragraph 1 la.-e, have been resolved pursuant to the Order dated August 30, 2001 which is attached hereto. WHEREFORE, Defendant, Michael Myers, respectfully requests that the Honorable Court deny Plaintiff's request for interim exclusive possession of the marital home. Date: September 17, 2001 Respectfully submitted, MAX J. SMITH, JR.,~Esquire I.D. No. 32114 James, Smith, Durkin & Cormelly P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JULIE A. MYERS, PLAINTIFF · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL A. MYERS, DEFENDANT : 95-3498 CIVIL TERM PROTECTION FROM ABUSE ORDER AND NOW, this 30th day of August, 2001, following a scheduled hearing in which the parties agree to the entry of the within order by consent, without a specific ~. admission of wrongdoing by defendant, Michael A. Myers, IT IS ORDERED:~ (1) The temporary protection order of A.ugust 23, 2001, is vacated and replaced with this order. (2) Defendant shall not abuse, harass, stalk or threaten plaintiff, Julie A. Myers. (3) Defendant shall not have any contact with plaintiff except with respect to matters pertaining to their children. (4) Through September 9, 2001, plaintiff shall have possession of the marital residence at 67 Sherwood Circle, Enola, Cumberland County, except that defendant shall be alloWed to enter the residence to conduct his business during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday· As of September 10, 2001, defendant shall have exclusive possession of the marital residence. (5) This order shall remain in effect for eighteen (18) months from August 27, 2001. --,__ (6) Pending further order of court regarding the custody of Corey Myers and Lauren Myers: Defendant's date of birth is June 8, 1959. His social security number is 192-54- 0187. (a) the mother shall have primary physical custody of the children; (b) the father shall have temporary physical custody: (i) every other weekend from Friday at 6:00 p.m. through Sunday at 6:00 p.m., his first weekend commencing on Friday, August 31, 2001; (ii) on Monday and Wednesday evenings each week between 5:00 p.m. and 8:00 p.m.; (c) the exchange of the children shall take place at the Giant Market in ~' "- Enola; (d) neither parent shall make any disparaging remark about the other in the presence of the children. (7) A certified copy of this order shall be provided to the East Pennsboro Police Department. B~r.~/,,~ Edgar B. Bayley, O. David A. Lopez, Esquire MidPenn Legal Services For Plaintiff Max Smith, Esquire For Defendant East Pennsboro Police Department 98 South Enola Drive Enola, PA 17025 :ssa i'RUE COPY FROM RECORd) In Testimony whereof, ~ here ~o set m~ hand and the s~l of ~Jd Co~ at Carlisle, Pa. ThJ~daY ~f~ ~ -2- JULIE MYERS, Plaintiff MICHAEL MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4950 Civil : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE ANDNOW, this ]~ day of September, 2001, I, MAXJ. SM1TH, JR., Esquire, Attomey for Defendant, hereby certify that I have this day sent a copy of Answer to Petition for Exclusive Possession of Marital Residence by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Law Office of Edward J. Weintraub & Assoc. Attn: Edward J. Weintraub, Esquire 2650 N. Third Street Harrisburg, PA 17110 MAX J. SM~ire James, Smith, Durkin & Connelly tJ~ P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JULIE MYERS, Plaintiff MICHAEL MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-4950 CIVIL : : CIVIL ACTION - LAW : IN DIVORCE ANSWER TO PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS AND NOW comes the Defendant, MICHAEL MYERS, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully states as follows in response to said Petition: 1.-3. Admitted. 4. Denied. There is no evidence to support Petitioner's belief that Defendant may sell, dissipate or otherwise inappropriately dispose of any marital assets of the parties. 5. Admitted. 6. (Erroneously referred to as 9 in Petition) Admitted. 7. (Erroneously referred to as 10 in Petition) Admitted. WHEREFORE, Defendant, Michael Myers, respectfully requests that the Honorable Court deny Plaintiff's Petition to Prevent Dissipation of Marital Assets. Date: September 17, 2001 Respectfully submitted, M~J. S~M~quire I.D. No. 32114 James, Smith, Durkin & Connelly £i~ P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JULIE MYERS, Plaintiff MICHAEL MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4950 Civil : : CIVIL ACTION - LAW : IN DIVORCE _CERTIFICATE OF SERVICE AND NOW, this ] ~ day of September, 2001, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Answer to Petition to Prevent Dissipation of Marital Assets by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Law Office of Edward J. Weintraub & Assoc. Atto: Edward J. Weintranb, Esquire 2650 N. Third Street Harrisburg, PA 17110 ~~J. ~ M~quire James, Smith, Durkin & Conaelly P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JULIE MYERS, : Plaintiff : .. VS. ; MICHAEL MYERS, : Defendant : OCT 0 ! 20D1 iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 CIVIL ACTION - LAW CUSTODY INTERIM ORDER OF COURT Bayley, J.- AND NOW, this ~d_ay of October, 2001 upon consideration of the attached Custody Conc ation Summary Report, it is hereby ordered and directed as follows: 1. This Custody Order shall supercede the custody provisiOns provided in Paragraph 6 of the August 30, 2001, Protection From Abuse Order docketed at 95-3498 Civil Term. 2. ~. The parties, Julie Myers and Michael Myers, shall have shared legal custody of the minor Children, Corey Myers, born October 9, 1987, and Lauren Myers, born December 4, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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. 3. P~L,~~. Pending further Order of Court or an agreement of the parties, Mother shall have majority physical custody subject to Father's rights of liberal partial custody arranged as follows: To commence September 27, 2001, on alternate weekends, from Thursdays from the time school is adjourned until school resumes the following Monday. To commence October 3, 2001, on Wednesdays from the time school is adjourned until it resumes on Thursday morning each week. No. 01-4950 Civil Term 4. The parties shall submit themselves and their minor Children to an independent custody evaluation to be performed by Dr. Stanley Schneider. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. The cost of the evaluation shall be born equally by the parties. 5. Within ten days following counsels' receipt of the report, counsel for either party may request that the Custody Conciliation Conference reconvene. Alternatively, the counsel may request that the matter be set for a hearing before the Court. 6. The parties shall be prohibited from any discussion of custody, divorce, or protection from abuse litigation in the presence or earshot of the minor Children. 7. Counsel for the parties will attempt to work out a more detailed custodial arrangement to include the sharing or alternating of holiday time pending the resolution of the custody litigation or an .agreement of the parties. In the event that counsel need assistance with working out the holiday schedule, an additional Custody Conciliation Conference may be scheduled for that specific purpose. Edward J. Weintraub, Esquire, 2650 N. Third Street, Harrisburg, PA 17110 Max J. Smith, Esquire, 134 Sipe Avenue, Hershey, PA 17033 Dist: Edgar Bi Bayl~ JULIE MYERS, Plaintiff : vs. : NO. 01-4950 : : CIVIL ACTION - LAW Defendant : CUSTODY MICHAEL MYERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 subject of this litigation is _as follows: Corey Myers Lauren Myers October 9, 1987 December 4, 1989 CURRENTLY IN CUSTODY OF Mother Mother 2. A Custody Conciliation Conference was held on September 25, 2001, with the following individuals in attendance: the Mother, Julie Myers, and her counsel, Edward J. Weintraub, Esquire; the Father, Michael Myers, and his counsel, Max J. Smith, Jr., Esquire. 3. The parties reached an agreement in the form of an Interim Order as attached. JULIE A. MYERS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL A. MYERS, DEFENDANT : 01-4950 CIVIL TERM AND NOW, this 10th day of October, 2001, following a review of the petition of Julie Myers to prevent dissipation of marital assets, and the answer filed by Michael Myers, a hearing shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 2:30 p.m., Monday, October 22, 2001.4 Edward J. Weintraub, Esquire For Plaintiff Max Smith, Jr., Esquire For Defendant :saa The petition, originally assigned to Oler, J., has been reassigned to this judge. JULIE A. MYERS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V= MICHAEL ^. MYERS, DEFENDANT : 01-4950 CIVIL TERM AND NOW, this 10th day of October, 2001, the petition of Julie Myers, filed on August 23, 2001, for exclusive possession of the marital residence,lIs DENIED.2 Edward J. Weintraub, Esquire For Plaintiff Max Smith, Jr., Esquire For Defendant :saa Edgar B. Bayley,~. ~ The petition, originally assigned to Oler, J., has been reassigned to this judge. 2 Any issue of exclusive possession was resolved by the parties in an order entered on August 30, 2001, in a protection from abuse proceeding at 95-3498 Civil Term. JULIE MYERS VS. MICHAEL MYERS * IN THE COURT OF COMMON PLEAS Plaintiff * CUMERLANDCOUNTY, PENNSYLVANIA * No. 01-49~0 * * CIVIL ACTION - LAW Defendant * IN DIVORCE PRAECIPE FOR WITHDRAW OF APPEARANCF Please withdraw my appearance on behalf of Plaintiff, Julie Myers, in the above captioned matter without prejudice. Date: Edward J. Weintraub, Esquire PRAECIPE TO ENTER APPEARANCF Please enter my appearance on behalf of Plaintiff, Julie Myers, in the above captioned matter. ,JULIE A. MYERS, Plaintiff Vo MICHAEL MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4950 : : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR CONTEMPT AND PETITION FOR SPECIAL RELIEF AND NOW COMES, Plaintiff, Julie A. Myers, by and through her counsel, Reager & Adler, PC, and requests this Honorable Court to enter an Order of Contempt against Defendant for violation of an Order and to grant Plaintiffs Petition for Special Relief as follows: 1. The parties are husband and wife, having been married on May 18, 1985. 2. The Divorce Complaint was filed in this action on August 23, 2001, raising claims of divorce, equitable distribution, maintenance of beneficiary designations on life insurance policies, and custody. 3. Concurrently, with the filing of the Divorce Complaint, a Petition to Prevent the Dissipation of Assets and a Petition for Interim Exclusive Possession of the Marital Residence was filed. 4. An Order on the Petition to Prevent the Dissipation of Assets was held on October 22, 2001. An Order of Court was entered on that day, which is attached hereto as Exhibit "A". 5. Pursuant to this Court Order, husband was to provided monthly account balance statements on his security interest. Since the entry of this Order, Defendant has failed to provide Plaintiff with any statements regarding said securities. 6. By correspondence dated March 21, 2002, counsel for the Plaintiff requested that such statements from October 2001 forward be provided. To date, such statements have not been provided. 7. provided. Plaintiff is willing to accept quarterly statements if monthly statements are not However, Defendant has failed to provide any statements whatsoever despite the Order dated October 22, 2001. 8. Defendant is in blatant violation of the Court Order dated October 22, 2001. WHEREFORE, Plaintiff requests this Honorable Court to enter a finding of contempt, to order Defendant to provide all account balance statements from October 22, 2001, to freeze the remaining assets and to award Plaintiff fees and costs in the amount of $350.00. PETITION FOR SPECIAL RELIEF 9. Count I of the Complaint is incorporated herein by reference thereto. 9. Plaintiff and Defendant separated in September 2001 after the issuance of a Protection From Abuse Order. 10. Due to the circumstances of separation, Plaintiff was unable to remove all of her personal belongings from the marital home at the time of separation. Specifically, Plaintiff has been unable to remove all of her personal belongings including clothing, toiletries, and other miscellaneous personal items. 11. Plaintiff has repeatedly requested access to the home or for Defendant to provide her with her personal belongings. This request does not include a request for the division of household belongings which may be deferred until the equitable distribution matters in this case have been resolved. 12. In correspondence dated March 21, 2002, Plaintiff requests the Defendant to release possession of her clothes, cookbooks, dishes and a rocking chair that were gifted to her by her grandparents. 13. To date, Defendant has provided Plaintiff with some of her clothes, but has refused to provide the additional nonmarital requested items. 14. Because of the outstanding Protection from Abuse Order, Plaintiff requests this Honorable Court to order Defendant to comply with providing Plaintiff with her personal belongings and to require that the necessary arrangements be made for the transfer of said items absent Defendant's presence. WHEREFORE, Plaintiff requests this Honorable Court to grant the Plaintiffs Petition for Special Relief and to order Defendant to return her remaining clothes, cookbooks, dishes and rocking chair gifted to Plaintiff by her grandparents. Respectfully submitted, REAGER & AE J..ER, PC ,378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Debra Denison Cantor, Esquire, hereby certify that on the date set forth below, a true and correct copy of the foregoing, Petition for Contempt and Petition for Special Relief, was served on the Defendant via United States First Class Mail, postage prepaid as follows: Max J. Smith, Jr. Esquire 134 Sipe Avenue Hummelstown, PA 17036 JULIE A. MYERS, Plaintiff MICHAEL MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4950 : : CIVIL ACTION - LAW : IN DIVORCE AND NOW, this 'Z. aN day of ~~, 2002, upon review of the foregoing Contempt and Petition for Special Relief a Rule is issued directed against the Defendant to show cause why the relief requested should not be granted. Rule Returnable "7 days from Service. JULIE A. MYERS, Plaintiff ¥. MICHAEL IVF~ERS, Defendant : IN THE COURT OF COi~. : CUMBERLAND COUNT : : NO. 01-4950 Civil : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S RESPONSE TO PETITION FOR CONTEM FOR SPECIAL RELIF$~ AND RULE TO SHOW C, . AND NOW, comes the Defendant, Michael Myers, by and throug Smith, Jr., Esquire, and responds to the Petition for Contempt and Petitior filed by Plaintiff, as well as to the Rule to Show Cause issued by this Hon support thereof, Defendant respectfully submits as follows: 2. 3. 4. 5. Admitted. Admitted. Admitted. Admitted. Admitted. By way of further answer, there are no monthl' statements of the securities owned by Defendant. In an al necessity for continued litigation regarding this matter, De his counsel, advised Plaintiff' s counsel that quarterly state: referenced in this Honorable Court's October 22, 2001 On through the parties' former financial adviser. Copies of su MON H ~F~AS PENNSYLVANIA Fr~ PETmON tUSE ~ his attorney, Max J. · for Special Relief arable Court. In account balance ~mpt to avoid the ~endant, by and through nents of the securities ter would be provided :h quarterly statements have been requested for October 21, 2001 forward and wil Plaintiff as soon as possible, and in the future as each such Admitted. By way of further answer, there are no monthl' statements of the securities owned by Defendant. In an a' necessity for continued litigation regarding this matter, De his counsel, advised Plaintiff s counsel that quarterly state referenced in this Honorable Court's October 22, 2001 Or through the parties' fo~caer financial adviser. Copies of st have been requested for October 21, 2001 forward and wi Plaintiff as soon as possible, and in the future as each sucl Admitted. By way of further answer, there are no monthl statements of the securities owned by Defendant. In an a necessity for continued litigation regarding this matter, D~ his counsel, advised Plaintiff' s counsel that quarterly state referenced in this Honorable Court's October 22, 2001 (~ through the patties' foi-ixier financial adviser. Copies of have been requested for October 21, 2001 forward and v Plaintiff as soon as possible, and in the future as each suc Denied. It is specifically denied that Defendant's failure account balance statements to Plaintiff when, in fact, no contemptuous. To the contrary, Defendant is making acc that all past quarterly statements are provided to Plaintiff statements in the future shall be provided to Plaintiff. be provided to statement is received. account balance empt to avoid the fendant, by and through ~uents of the securities [er wo .uld be provided :h quarterly statements 1 be provided to statement is received. account balance erupt to avoid the ;fendant, by and through :ments of the securities [er would be provided :h quarterly statements 11 be pr0vided to statement is received. provide monthly uch statements exist is Immodations to ensure nd that all quarterly WHEREFORE, Defendant, Michael Myers, respectfully r~ Honorable Court deny and dismiss Plaintiff's Petition for Contem COUNT II PETITION FOR SPECIAL RELIEF 10. 11. The responses in paragraphs one (1) through eight (8) are reference as if set forth in full. This response is in response to the second paragraph of PI pending Petition, erroneously numbered as paragraph nine Admitted. By way of further answer, the Protection From entered by the agreement of the parties. This response is in response to the third paragraph of Pla2 pending Petition, erroneously numbered as paragraph ten Denied. It is specifically denied that the circumstances oJ in any way caused Plaintiff inability to remove her persor parties' former residence. To the contrary, despite the ex! Plaintiff frequently entered the parties' fonuer residence PFA and removed items of Defendant's personalty, as wi marital property from the marital home without the know Plaintiff, thus forcing Defendant to change the locks on tl Defendant packed all of Plaintiff' s clothes in bags after 1~ provided Plaintiff with the bags which she accepted and r residence. By way of further answer, Plaintiff's request t quests that this ~t with prejudice. ncorporated herein by dntiff' s Count II of the (9) in said Petition. Abuse Order was :iff' s Count II of the t0) in said Petition. the parties' separation al belongings from the stence of the PFA, fter the entry of the tl as numerous items of [edge or consent of te home. In addition, ;r departure and ~moved from the }r removal of personal belongings is effectively an attempt to modify the PFA Or, issues in the parties' divorce which are properly litigated 12. This response is in response to the fourth paragraph of Ph pending Petition, erroneously numbered as paragraph elew Denied. It is specifically denied that Plaintiff' s request is ] division of marital property of the parties. To the contrav removal of furniture, cookbooks, and dishes that the patti marriage. Moreover, Plaintiff's request for removal of pet effectively an attempt to modify the PFA Order, and/or to parties' divorce which are properly litigated in the PFA p~ specifically denied that Plaintiff's request for access to De permissible. Despite the existence of the PFA, Plaintiff fr, parties' former residence after the entry of the PFA and re: Defendant's personalty, as well as numerous items of mar: marital home without the knowledge or consent of Plaintit Defendant to change the locks on the home. In addition, Plaintiff' s clothes in bags after her departure and provide which she accepted and removed from the residence. Acc request to retrieve additional items of property from the fc is simply a further attempt to gain access to Defendant's h done without permission in the past. 13. This response is in response to the fifth paragraph of Plain pending Petition, erroneously numbered as paragraph twel ler, and/or to address the PFA proceeding. ~tiff s Count II of the m (11) in said Petition. tot a request for Plaintiff is requesting acquked during their sonal belongings is address issues in the oceeding. It is also ~endant's home are ;quently entered the noved items of tal property from the f, thus forcing ~efendant packed all of Plaintiff with the bags )rdingly, Plaintiff s rmer marital residence )me which Plaintiff has Iiff' s Count II of the ve (12) in said Petition. 14. 15. Admitted only that the correspondence was written. By w~ Plaintiff's request for removal of personal belongings is ef modify the PFA Order, and/or to address issues in the part properly litigated in the PFA proceeding. Moreover, Plai2 must preclude her request for access to Defendant's reside This response is in response to the sixth paragraph of Plah pending Petition, erroneously numbered as paragraph thirl Petition. Denied. It is specifically denied that Plaintiff ha with all of her clothes. Defendant packed all of Plaintiff' ~, her departure and provided Plaintiff with the bags which s removed from the residence. By way of farther answer, i improper entry into Defendant's residence after the entry without Plaintiff' s knowledge or consent, and her remova Defendant's personalty and various items of marital prop~ to permit Plaintiff access to the residence is justified. This response is in response to the seventh paragraph of [ pending Petition, erroneously numbered as paragraph fou Petition. Denied. Plaintiff cannot be permitted access to without Defendant's presence. Despite the existence of l~ frequently entered the parties' former residence after the, removed items of Defendant's personalty, as well as hum property from the marital home without the knowledge o: thus forcing Defendant to change the locks on the home. ' of further answer, ~ctively an attempt to es' divorce which are ttiff' s past conduct tlce. Ltiff's Count II of the een (13) in said ;not been provided clothes in bags after he accepted and light of Plaintiff' s ,f the PFA Order . of numerous items of :rty, Defendant's refusal laintiff' s Count II of the :teen (14) in said Defendant's home le PFA, Plaintiff retry of the PFA and ~rous items of marital 'consent of Plaintiff, Plaintiff s current Date: request for access to the residence is a further attempt by ~ home as she has done in the past and remove property th,al parties' divorce and/or invade Defendant's privacy withoc way of further answer, Defendant has previously provided clothing left in the residence and Plaintiff accepted such c departure. In addition, Plaintiff s request for removal of effectively an attempt to modify the PFA Order, and/or parties' divorce which are properly litigated in the PFA p~ WHEREFORE, Defendant, Michael Myers, respectfully ~ Honorable Court deny and dismiss Plaintiff s Petition for Special Respectfully submitted, June 14, 2002 MAX J. SMITH, JR., Esqu I.D. No. 32114 JARAD W. HANDELIVIA~ I.D. No. 82629 James, Smith, Durkin & Cc P.O. Box 650 Hershey, PA 17033 (717) 533-3280 laintiff to enter the is properly left to the t any need to do so. By Plaintiff with all othing upon her ersonal belongings is address issues in the ocee .g. equests that this Relief with prejudice. Esquire nnelly LLP I verify that the statements made in this Petition are true and corre false statements herein are made subject to the penalties of 18 Pa. C.S. Se unswom falsification to authorities. :t. I understand that :tion 4904, relating to JARAD W. HANDELMAN Esquire, attorney for MICHAEL MYERS JULIE A. MYERS, Plaintiff V. MICHAEL MYERS, Defendant : IN THE COURT OF COI~ : CUMBERLAND COUNVI : : NO. 01-4950 Civil : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this Iq~ day of June, 2002, I, MAX J. SMITH, JR Defendant, hereby certify that I have this day sent a copy of Defendant's 1 Contempt, Petition for Special Relief, and Rule to Show Cause by deposi! the same in the United States mail, postage prepaid, at Hershey, Pennsylw Reager & Adler Attn: Debra D. Cantor, Esquire 2331 Market Street Camp Hill, PA 17011 MAX J. SMITH, JR., Esqui I.D. No. 32114 IARAD W. HANDELMAN I.D. No. 82629 James, Smith, Dm:kin & Col P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IMON PLEAS Y, PENNSYLVANIA ,, Esquire, Attorney for '~esponse to Petition for lng a certified copy of mia, addressed to: Esquire 5elly LLP JULIE MYERS, Plaintiff VS. MICHAEL MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COLrNTY, PENNSYLVANIA : : NO. 01-4950 : : CIVIL ACTION - LAW : CUSTODY MOTION FOR HEARING AND NOW comes the Defendant, MICHAEL MYERS, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully submits as follows: 1. Plaintiff is JULIE MYERS, who currently resides at 226 Brian Drive, Enola, Cumberland County, Pennsylvania. 2. Defendant is MICHAEL MYERS, who currently resides at 67 Sherwood Circle, Enola, Cumberland County, Pennsylvania. 3. The parties are the parents of two children, same being COREY MYERS, bom October 9, 1987, and LAUREN MYERS, born December 4, 1989. 4. On August 23, 2001, Plaintiff fried a Complaint to Confirm Custody. 5. A custody conference was held on September 25, 2001 before Conference Officer Melissa P. Greevy, Esquire, a result of which an Order of Court was issued on October 2, 2001 by the Honorable Edgar B. Bayley (see copy of Order, marked Exhibit "A", attached hereto and made part hereof). 6. Said Order dated October 2, 2001 appointed Stanley Schneider, Ed.D. of Guidance Associates of Pennsylvania to perform a custody evaluation of the parties and their children. 7. Dr. Schneider has completed his report, and issued a custody evaluation report on June 24, 2002, which was received by counsel via fax transmittal on July 16, 2002. 8. The Order dated October 2, 2001 indicates that "counsel for either party may request that he Custody Conciliation Conference reconvene. Alternatively, the counsel may request that the matter be set for a hearing before the Court." 9. The parties would not benefit from another custody conference, and therefore Defendant, MICHAEL MYERS, respectfully requests that this matter be scheduled for a hearing to determine the final disposition of this case. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter an Order setting this matter for hearing. Date: August ~, 2002 Respectfully submitted, MA~ J. 'S~~~,., Esquire I.D. No. 32114 James, Smith, Durkin & Connelly P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JULIE MYERS, VS. MICHAEL MYERS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-4950 : : ClVlLACTION- LAW : CUSTODY INTERIM ORDER OF COURT Bayley, J.- AND NOW, this .,~4 day of October, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Custody Order shall supercede the custody provisions provided in Paragraph 6 of the August 30, 2001, Protection From Abuse Order docketed at 95-3498 Civil Term. 2. alE.~g~~. The parties, Julie Myers and Michael Myers, shall have shared legal custody of the minor Children, Corey Myers, born October 9, 1987, and Lauren Myers, born December 4, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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. 3. ~. Pending further Order of Court or an agreement of the parties, Mother shall have majority physical custody subject to Father's rights of liberal partial custody arran,ged as %'~ovv$. To commence September 27, 2001, on alternate weekends, from Thursdays from the time school is adjourned until school resumes the following Monday. Bo To commence October 3, 2001, on Wednesdays from the time school is adjourned until it resumes on Thursday morning each week. No. 01-4950 Civil Term 4. The parties shall submit themselves and their minor Children to an independent custody evaluation to be performed by Dr. Stanley Schneider. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. The cost of the evaluation shall be born equally by the parties. 5. Within ten days following counsels' receipt of the report, counsel for either party may request that the Custody Conciliation Conference reconvene. Alternatively, the counsel may request that the matter be set for a hearing before the Court. 6. The parties shall be prohibited from any discussion of custody, divorce, or protection from abuse litigation in the presence or earshot of the minor Children. 7. Counsel for the parties will attempt to work out a more detailed custodial arrangement to include the sharing or alternating of holiday time pending the resolution of the custody litigation or an agreement of the parties. In the event that counsel need assistance with working out the holiday schedule, an additional Custody Conciliation Conference may be scheduled for that specific purpose. BY THE COURT, Dist: ESgar B.-~7~yley~ J.' Edward J. Weintraub, Esquire, 2650 N. Third Street, Harrisburg, PA 17110 Max J. Smith, Esquire, 134 Sipe Avenue, Hershey, PA 17033 TRUE COP" "'--' ~ '~':';,30RD In Testimony whet. "] ~ ~ .~,::~t my hand and tjX.seal of said ,/ JULIE MYERS, VS. MICHAEL MYERS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4950 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Corey Myers October 9, 1987 Mother Lauren Myers December 4, 1989 Mother 2. A Custody Conciliation Conference was held on September 25, 2001, with the following individuals in attendance: the Mother, Julie Myers, and her counsel, Edward J. Weintraub, Esquire; the Father, Michael Myers, and his counsel, Max J. Smith, Jr., Esquire. Date' 3. The parties reached an agreement in the form of an Interim Order as attached. Custody Conciliator" JULIE MYERS, Plaintiff VS. MICHAEL MYERS, Defendant : IN THE COURT OF COMMON PLF. AS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-4950 : : CIVIL ACTION- LAW : CUSTODY CERTIFICATE OF SERVICE AND NOW, this ] day of August, 2002, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Motion for Hearing by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Reager & Adler Attn: Debra D. Cantor, Esquire 2331 Market Street Camp Hill, PA 17011-4642 MAX J. SMITH, JR~squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly ia2 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ]ULIE MYERS, Plaintiff VS. MICHAEL MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-4950 : : CIVIL ACTION - LAW : CUSTODY ORDER AND NOW this ~k day of ~xx.t~Xg~c ,2002, upon presentation and consideration of the within Motion, it is bereby0Ordered and Decreed that a hearing is set for the lO~cL dayof~ 2002, at~',t~% o'clock c~.m., Courtroom No. ~ ~ Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. EDGAKnB. B~_~Y, J. JULIE A. MYERS, Plaintiff MICHAEL MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4950 : : CIVIL ACTION - LAW : IN CUSTODY STIPULATION AND NOW, this I ~day of August, 2002, the parties hereby stipulate to the entry of an Interim Custody Order as follows: 1. Beginning August 9, 2002 and alternating weekly thereafter, the parties shall share physical custody of the minor children on a week-on, week-off basis. Mother's week of custody with the minor children shall begin on Friday, August 9, 2002 and continue until Friday, August 16, 2002. Father shall receive custody of the minor child on Friday, August 16, 2002 and the parties shall alternate custody weekly thereafter. 2. The shared custody arrangement described in paragraph one (1) o~ this Stipulation shah remain in effect only until a £mal determination of custody has been rendered by this Honorable Court following the final custody hearing/trial on this matter. 3. The hearing on the Contempt Petition scheduled for August 14, 2002 shall be continued until the final hearing on this matter. 4. It is the parties intention to have this entered as a Court Order. JARAD W. HANDELMAN, ESQUIR~'-- D~ bE~Q~ CANTTOR, E~QUIRE MICHAEL m' i 's ' J~IE MYERS (-]. JULIE A. MYERS, Plaintiff Vo MICHAEL MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-4950 : : CIVIL ACTION - LAW · IN CUSTODY ORDER OF COURT AND NOW, TOWIT, this lq dayof 4~~,2002' _ it is hereby ORDERED AND DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. /J/ JULIE A. MYERS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL A. MYERS, DEFENDANT · 01-4950 CIVIL TERM ORDER OF COURT AND NOW, this ;ZC{ day of August, 2002, IT IS ORDERED that a hearing on the Rule issued against defendant to show cause why he should not be adjudicated in contempt, and the petition of plaintiff for special relief, shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 1:30 p.m., Tuesday, September 17, 2002. /~Foebra Denison Cantor, Esquire r Plaintiff /Max Smith, Esquire For Defendant :saa -30 JULIE A. MYERS, Plaintiff MICHAEL MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4950 : : CIVIL ACTION - LAW : IN DIVORCE ORDER this~ day of September, 2002, that a hearing on the Rule issued AND NOW, against Defendant to Show Cause why he should not be adjudicated in contempt, and the petition of Plaintiff for Special Relief, scheduled for September 17, 2002 at 1:30 p.m. shall be rescheduled to, Monday,. September 30, 2002 at 1:30 p.m. in Co~ Num/~2, Cumberland County Courthouse, Carlisle, Pennsylvania. Edgar B. Bayley,~u7 Joanne Harrison Clough, Esq. & Debra Denison Cantor, Esquire for Plaintiff Max Smith, Esquire For Defendant JULIE A. MYERS, PLAINTIFF V. MICHAEL A. MYERS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · 01-4950 CIVIL TERM ORDER OF COURT __~ day of October, 2002, following a hearing, IT AND NOW, this IS ORDERED: (1) All prior custody orders are vacated and replaced with this order· (2) Julie Myers and Michael Myers shall have joint legal custody of Corey Myers, born October 9, 1987, and Lauren Myers, born December 4, 1989. (3) The parents shall have shared physical custody of Corey and Lauren on a week on week off basis with exchanges occurring on Fridays. (4) During each summer, each parent shall have one period of two continuous weeks with the children· Those weeks to be selected by the parents not later than fifteen days before the end of the school year. (5) (a) Thanksqivin_cl: The mother shall have the children in even numbered years from the Wednesday before Thanksgiving through the Sunday following Thanksgiving. The father shall have the children in odd numbered years from the Wednesday before Thanksgiving through the Sunday following Thanksgiving. (b) Christmas: Segment A shall begin on the morning of December 24th and end at 2:00 p.m. Christmas Day. Segment B shall begin at 2:00 p.m. on Christmas Day and end on the evening of December 26th. The father shall have the children during Segment A in even numbered years and Segment B in odd numbered years. The mother shall have the children during Segment A in odd numbered years and Segment B in even numbered years. The parents, by an agreement not later than December 23rd, shall divide the time between December 27th until the children return to school. (c) Easter: The father shall have the children in odd numbered years from the first day of the spring/Easter break through the beginning of school at the end of the break. The mother shall have the children in even numbered years from the first day of the spring/Easter break through the beginning of school at the end of the break. (d) The mother shall always have the children on Mother's Day and the father shall always have them on Father's Day. Joanne Clough, Esquire For Plaintiff Max Smith, Esquire For Defendant :sal By the