HomeMy WebLinkAbout05-2399
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
; No. D j-- ).3 Cf1
Civil Term
WILLIAM C. PACKER,
Plaintiff
LUCINDA J. MYERS
Defendant
: CUSTODY
CUSTODY COMPLAINT
I. Plaintiff is William C. Packer, who currently resides at 233 Harnilton Street,
Harrisburg, Dauphin County, Pennsylvania, 17104.
2. Defendant is Lucinda J. Myers, who currently resides at 909 Newville Road, Carlisle,
Cumberland County, Pennsylvania, 17013.
3. Plaintiff is the father of the following child and seeks a custody order regarding the
following child:
NAME
DOB
ADDRESS
Megan Elizabeth Myers
8/28/91
Age 13
909 Newville Road
Carlisle, Pa. 17013
Mother and Father were never married. Mother currently has primary physical custody of
the child.
During the past five years, the child has resided with the following persons and at the
following addresses:
NAME
ADDRESSES
DATES
Lucinda J. Myers 909 Newville Road
Mark Terrasas (husband) Carlisle, Pa. 17402.
Jordan Myers (half-sibling)
Alex Myers (half-sibling)
Gabriel Myers (half-sibling)
7/03 - present
Lucinda J. Myers Tempe, Arizona
Mark Terrasas (husband)
Jordan Myers (half-sibling)
Alex Myers (half-sibling)
Gabriel Myers (half-sibling)
12/98 - 7/03
The mother of the child is: Lucinda J. Myers, and she currently resides at 909 Newville
Road, Carlisle, Pa. 17402.
She is married to: Mark Terrasas.
The father the child is: William C. Packer, and he currently resides at: 233 Hamilton
Street, Harrisburg, Pa. 17104.
He is not married.
4. The relationship ofplaintiffto the child is that of Father. The Plaintiff currently
resides alone.
5. The relationship of defendant to the child is that of Mother. The defendant currently
resides with the child, her husband, Mark Terrasas, and her other children, Jordan Myers, Alex
Myers, and Gabriel Myers.
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody ofthe child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth.
Plaintiff does not know of a party to the proceedings who has physical custody of the
child or anyone who claims to have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare ofthe child will be served by granting the
relief requested because: Father has been having regular periods of partial custody with the
child over the past two Years. There is currently no custody order and father is seeking a court
order reflecting the current arrangement and better defining holiday and summer periods of
custody.
8. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child has been named as parties to this action.
WHEREFORE, Plaintiff requests the court to grant custody of the children.
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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. S4904 relating to unsworn
falsification to authorities.
Date: 1 q/oS'
C. Packer, Plaintiff
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WILLIAM C. PACKER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV ANIA
V.
05-2399 CIVIL ACTION LAW
LUCINDA 1. MYERS
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW,
Friday, May 13, 2005
, upon consideration of the attached Complaint.
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. . the conciliator,
at 4th Floor, Cumberland Conn!y Conrthouse, Carlisle on ____!.~esdav, M.~r:l!,--20_o.~.............._____ at lO:30AM
for a Pre-Hearing Custody Conrerence. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot bc accomplished. to detine and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older mav also he 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 Custodv orders to the conciliator 48 hours prior to scheduled hearln!!.
FOR THE COURT.
By: /s/
TacqueJine M. Verney, Esq. ' ) yt-l
Custody Conciliator '--------T
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations
available to disabled individuals having business belt)re the co1ll1, 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
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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WILLIAM C. PACKER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 05 - 2399 Civil Term
LUCINDA J. MYERS
Defendant
: CUSTODY
AFFIDAVIT OF SERVICE
AND NOW, this May 23, 2005, I, Jane Adams, Esquire, hereby certify that
on May 19,2005, a certified true copy of the CUSTODY COMPLAINT was served, via certified
mail, restricted delivery, return receipt requested, addressed to:
Lucinda Myers
909 Newville Road
Carlisle, Pa. 17013
DEFENDANT
. Complete Items 1, 2, and 3. Also complete
item 4 W Restricted Delivery Is deelred.
. Print your name and address on the reverse
so that we call return the card to you.
. Attach this card to the back of the mall piece,
or on the front W space pennlts.
1. Article Addressed to:
LlJcit'\J~ M'Ier-.5
YOq Newville/<,oaJ.
CafliJe, PA 17013
2. Articll Number
{1hInsfer from servIoell!belJ
PS Form 3811, February 2004
D.lsdellvery__from. 11
II YES, enter delivery _ below:
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7004 1350 0003 7284 9218
DorneoIlc Ilelum IlocoIpt .
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e Adams, Esquire
I . No. 79465
64 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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SHERRY L. BRETZMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2005-2454 CIVIL TERM
DANIEL E. BRETZMAN,
Defendant
IN DIVORCE
PRAECIPE FOR ENTRY OF APPEARANCE
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the defendant, DANIEL E.
BRETZMAN, in the above-captioned case.
Respectfully submitted,
"'WIN ~HT
.y,~ e
Marcus A. McKnight, III, Esquire
Attorney for Defendant,
Daniel E. Bretzman
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
717-249-2353
Supreme Court I.D. No. 25476
Date: May 23, 2005
,
SHERRY L. BRETZMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
2005-2454 CIVIL TERM
DANIEL E. BRETZMAN,
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of the attached
Praecipe for Entry of Appearance was served upon the following by depositing a true and
correct copy of the same in the United States mail, First Class, postage prepaid in
Carlisle, Pennsylvania, on the date referenced below and addressed as follows:
Hannah Herman-Snyder, Esquire
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
IRWIN & McKNIGHT
b
By:
Marcu A. Mc ght, III, Esquire
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PAl 7013-3222
717-249-2353
Supreme Court I.D. No. 25476
Date: May 23, 2005
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RECEIVED JUN 2 8 7aa5~
WILLIAM C. PACKER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: NO. 2005-2399 CIVIL TERM
LUCINDA J. MYERS,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this 28th day of June, 2005, being advised that the parties have
reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this
matter.
FOR THE COURT,
dy Conciliator
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WILLIAM C. PACKER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 05 - 2399 Civil Term
LUCINDA J. MYERS
Defendant
: CUSTODY
STIPULATION AND CUSTODY AGREEMENT
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This Stipulation and Custody Agreement is made this f:fi day of dU N'E-- ,2005,
by and between LUCINDA J. MYERS, (Hereinafter referred to as "Mother"), of Carlisle,
Cumberland County, Pennsylvania, and WILLIAM C. PACKER, (Hereinafter referred to as
"Father"), of Harrisburg, Dauphin County, Pennsylvania;
WHEREAS, Mother and Father are the natural parents of one minor child, namely,
Megan Elizabeth Myers, date of birth, August 28, 1991;
WHEREAS, Mother and Father have reached an agreement relative to the future care,
custody, and visitation of their child, the terms of which agreement both parties desire to set forth
in the present Stipulation and Custody Agreement, and;
WHEREAS, Mother and Father desire the provisions of the present Stipulation and
Custody Agreement be approved by the Honorable Court of Cornmon Pleas of Cumberland
County and entered as a Court Order, with the same force and efftlct as though said Order had
been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning
the child.
NOW THEREFORE, the parties, intending to be legally bound, and in consideration of
the mutual promises and agreements contained herein, hereby agree as follows:
I. Lel!:al Custody. Mother and Father shall have joint Ilegal custody of their child.
Joint legal custody means both parents have the right to control and share in making of decisions
of importance in the life of their child, including educational, medical, and religious decisions.
Both parents shall be entitled to equal access to the child's school, medical, dental, and other
important records.
As soon as practicable after the receipt by a party, copies of a child's school schedules,
special events notifications, report cards, and similar items shall be provided to the other party.
Each shall notify the other party of any medical, dental, optical1md other appointments of a child
with healthcare providers, sufficiently in advance thereof so that the other party can attend.
Notwithstanding that both parents shall share legal custody, non-major decisions
involving the child's day-to-day living shall be made by the parmt then having physical custody,
consistent with the other provisions of this Agreement and subsl~quent Order.
2. Phvsical Custodv. Primary Physical Custody of tile child, as that term is defined in
the custody act, shall be with Mother.
3. Partial Custodv. Partial physical custody is the right to take possession of a child
away from the custodial parent for a certain period of time. Father shall have periods of partial
custody with the child as follows:
A. Thanksgiving. Father shall have a period of partial custody with the child to
begin on the Wednesday before Thanksgiving and to last through the Sunday after
Thanksgiving.
B. Spring Break. Father shall have a seven day period of partial custody with the
child to coincide with the child's Spring Break from school.
C. Summer. Father shall have a one month period of partial custody with the
child during the child's summer break from school.
D. As long the parties live within a reasonable driving distance of each other,
Father shall have a period of partial custody with the child every other weekend to
last from Friday at 4:00 p.m. through Sunday at 9:00 p.m. Father shall also have a
period of partial custody with the child on any on'~ day during each week, from
4:00 p.m. through 9:00 p.m.
E. The parties shall divide the cost and responsibility of all transportation
provided for the child pursuant to this agreement.
F. Father shall have additional times with the child as the parties mutually agree.
Nothing in this agreement shall keep the parties from mutually agreeing to
additional periods of custody for Father.
4. OBlwin!! Relationshin. Each party shall confer with the other on all matters of
importance relating to the child's health, maintenance, and education with a view toward
obtaining and following a harmonious policy in the child's education and social adjustment.
Each party agrees to keep the other informed of his or her residence and telephone number to
facilitate communication concerning the welfare of the child and visitation period. Each party
agrees to supply the name, address, and telephone numbers of any person in whose care the child
will be in for a period in excess of forty-eight (48) hours, and for each person or entity which
may provide daycare for the child(ren).
5. Illness of the Child. Emergency decisions regarding a child shall be made by the
parent then having custody. However, in the event of any emergency or serious illness of a child
at any time, any party then having custody of the child shall communicate with the other party by
telephone or any other means practicable, informing the other party ofthe nature of the illness or
emergency, so the other parent can become involved in the decision making process as soon as
possible. The term "serious illness" as used herein shall mean IUlY disability which confines a
child to bed for a period in excess of seventy-two (72) hours andl which places the child under the
direction of a licensed physician. During such illness, each party shall have the right to visit the
child as often as he or she desires, consistent with the medical care of the child.
6. Welfare of the Child to be Considered. The welfar<e and convenience of the child
shall be the prime consideration of the parties in any application ofthe provisions of this
Agreement. Both parents are directed to listen carefully and consider the wishes ofthe child in
addressing the custodial schedule, any changes to the schedule, IUld any other parenting issues.
7. Hindin!! Effect and Modification of Order. This Agreement and all of its terms
and conditions shall extend to and be binding upon the parties htlreto and their respective heirs,
personal representatives, and assigns. The parties are free to modify the terms of this Agreement
but in order to do so both parties must be in complete agreement to any new terms. That means
both parties must consent on what the new terms of the custody arrangement or visitation
schedule shall be.
8. Governinl! Law. This Agreement shall be governed and controlled by the
laws of Pennsylvania.
9. Enforcement. The parties agree that this Agreement may be adopted as an Order of
Court without the necessity of a Court hearing.
10. Entire Al!reement. This Agreement contains the entire understanding between the
parties concerning the subject matter hereof, and no representations, inducements, promises or
agreements, oral or otherwise, not embodied herein shall be of any force or effect. This
Agreement supersedes any and all prior agreements, written or oral, between the parties hereto
relating to the subject matter ofthis Agreement.
IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation
and Custody Agreement the day and year first above written.
WITNESS:
~~~t~ O~!.E~~NIA \:ss
COUNTY OF'CUMBE~ )
On this, thmay of ~\.l ~ ,2005, before me, the undersigned officer, personally
appeared WILLIAM C. PACKER, known to me, (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I here to
-
M co ission expires:
ON EALTH OF PENNSYLVANIA
SEA'- Notarial Seal
-'JmIe Adams, Notary Public
Carlisle Born, Cumberland County
My Commission Expires S',pl. 6. 2008
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Q9MMONWEAL TH OF PENNSY,L VANIA )
p~u.sh vf- (Aii..I;~J~ ):ss
COUNTY OF CUMBERLAND )
. ~
On this, the 2? day ofJu/VL ,2005, before me, the undersigned officer, personally
appeared LUCINDA J. MYERS, known to me, (or satisfactorily proven) to be the person whose name is subscribed
to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereu
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---
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal ~
Jane Adams, Notary Public
Carlisle Bora, Cumberland County
My Commissioo Expires Sept. 6, 2008
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WILLIAM C. PACKER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
'}
vs.
: No. 05 - 2399 Civil Term
RECEIVED JUN 30 100V
LUCINDA J. MYERS
Defendant
: CUSTODY
ORDER
AND NOW, "'" \lh..r of ~oos, ha,;"g re~_ th< _hed
agreement between the parties dated June 28, 2005, it is hereby ORDERED and DECREED that
the agreement shall be entered as an ORDER of Court.
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cc: Jane Adams, Esquire, for father
Lucinda J. Myers, mother
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