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HomeMy WebLinkAbout05-3936 ANGELA E. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. OS' - 3'13(, CuLl&-"1 KYLE R. MYERS and MARIA A. TRAGOULIAS, Defendants CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is ANGELA E. MYERS, residing at 13 Railroad Avenue, Shiremanstown, Cumberland County, pennsylvania 17011. 2. The Defendants are Kyle R. Myers, residing at 13 Railroad Avenue, Shiremanstown, Cumberland County, Pennsylvania 17.011 and Maria A. Tragoulias, residing in Carlisle, Pennsylvania at an address not yet known but receiving her mail at 13 Railroad Avenue, Shiremanstown, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks custody of the following child: NAME PRESENT ADDRESS AGE Robert James Schlessman 13 Railroad Avenue, 8 Mos. Shiremanstown, PA 17011 (dob 11/1S/04) The child was born out of wedlock. The child is presently in the custody of plaintiff his paternal aunt who resides at 13 Railroad Avenue, Shiremanstown, Cumberland County, pennsylvania 17011. Since birth, the child has resided with the following persons at the following addresses: PERSON ADDRESS DATE Plaintiff & Defendants 13 Railroad Ave. Shiremanstown, PA 17011 Birth - 7/27/05 Plaintiff & Defendant 13 Railroad Ave. Kyle R. Myers Shiremanstown, PA 17011 7/27/05 - Present The mother of the child, Defendant Maria A. Tragoulias, is currently residing in carlisle, Pennsylvania. She is unmarried. The father of the child, Defendant Kyle R. Myers, is currently residing at 13 Railroad Avenue, Shiremanstown, Cumberland County, pennsylvania 17011. He is unmarried 4. The relationship of Plaintiff to the child is that of paternal aunt. Plaintiff currently resides with Defendant Kyle R. Myers, her mother and the subject minor child's paternal grandmother Sandra Myers and the subject child. 5. The relationship of Defendants to the child is that of natural parents. It is unknown who Defendant Maria A. Tragoulias resides with. Defendant Kyle R. Myers, currently resides with Plaintiff, his mother Sandra Myers and the subject child. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the 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 person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the said child. 7. The best interests and permanent welfare of the subject child will be served by granting Plaintiff primary physical custody of him because Plaintiff can provide the child with a stabile and safe environment in which to live. 8. Each parent whose parental rights to the child has not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the Court to grant her custody of the child the subject hereof. DATED:~.1~IOc; . Respectfully Submitted: ~Jtd\ HERSCHEL LOCK, ESQUIRE ATTORNEY FOR PLAINTIFF 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 VERIFICATION I verify that the statements made ~n the foregoing are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED:~ ffz~?f:::- + " . (':) -l(l t'~) ~ -;::) - -'i,1 ~ - ,-\ \\.. :-- ., -{,,;' l.i( ~'. I , . - .c C> r'.) ~ ~ 'd \" ~ ~ ,.... c;:1 0- ~<- .- _/~ -~ ANGELA E, MYERS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 05-3936 CIVIL ACTION LAW KYLE R. MYERS AND MARIA A. TRAGOULlAS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 04. 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawu S. Suuday, Esq. , the conciliator, at 39 West Main Street, Mecbanicsburg, PA 17055 on Tbursday, September 01, 2005 at 11:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or ifthis 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 pennanent 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 hearin2. FOR THE COURT. By: Isl Dawn S. Sunday, Esq. Custody Conciliator y 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 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 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 ] 70 13 Telephone (717) 249-3166 ~.J,v ~ ~ ~J 5'c7-.>-,8 @ -* ~ ~ ~lL. --->V'-S ~ ~ p ~~~-n 5(l'>,~ [)(; :Z lid c:- "ifl'!j c,:qz .... ,.,.. '::J'-,U ANGELA E. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-3936 CIVIL TERM KYLE R. MYERS and MARIA A. TRAGOULIAS, Defendants CIVIL ACTION - LAW CUSTODY CUSTODY STIPULATION AND NOW, this JO~ day of 001- 2005, the Plaintiff Angela E. Myers, (hereinafter referred to as "Aunt"), and the Defendants Kyle R. Myers and Maria A. Tragoulias (hereinafter respectively referred to as "Father" or "Mother"), have reached an agreement regarding the custody and the best interests and welfare of the minor child, Robert James Schlessman, as follows: 1. The parties hereto agree that Aunt (Plaintiff Angela E. Myers) shall have legal custody of the minor Robert James Schlessman (d.o.b. November 15, 2004). Major decisions concerning the child, including but not necessaril}' limited to the child's health, welfare and upbringing shall be expressed by Father and Mother to Aunt so that Aunt can attempt to fulfill their wishes for said child. In the event Father and Mother are divided in their decisions or do not express their wishes, or their requests would not in Aunt's opinion be advantageous of the child, Aunt will act in the child's best interest. The purpose of this communication is to maintain a harmonious relationship, which is in the child's best interest. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to others. Day to day decisions shall be the responsibility of Aunt who has physical custody of the child. With regard to any emergency decisions which must be made, the Aunt shall be permitted to make any immediate decisions necessitated thereby. The Aunt shall inform the Father and Mother of the emergency and consult with them as soon as possible. In accordance with 23 PA.D.S.A 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any related reports or information given to any party, this as authorized by statute. It is the responsibility of Father and Mother to keep the Aunt informed of their physical address, mailing address and telephone number so Aunt is able to communicate with them regarding said child. 2. Primary physical custody of the minor child Robert James Schlessman shall be with Aunt (Plaintiff Angela E. Myers). 3. Mother and Father (Defendants Maria A. Tragoulias and Kyle R. Myers) shall have times to spend with said child, according to the child's regular home schedule. These times shall be arranged between Aunt and Father and Mother to avoid conflicting times and schedules. Visitation by Father and Mother shall only be in the child's home. The child may not be in the company of individuals known for illegal drug usage or distribution, felons or individuals that could corrupt the morals of a minor. Father and Mother are expected to attend and participate in the child's functions of school, sports, music, extra curricular activities and other events whenever possible so the child experiences the support of his parents. 4. If any babysitting or child care providers are needed Aunt will screen these people or services to ensure the well being of the child and Father and Mother are assured of the safe environment the child is placed. 5. While caring for or in the presence of the child, Aunt or Mother or Father shall not possess or use any illegal drug or controlled substance, nor shall they consume alcoholic beverages, nor smoke cigarettes in an enclosed building or vehicle. The parties shall likewise assure to the extent possible that others in the presence of the child comply with this prohibition. 6. Father and Mother may have, and are expected to have, regular reasonable telephone contact with the child, this not to be excessive or done in an unreasonable fashion. 7. Each party agrees not to attempt to alienate the affections of the child from the others and will make a conscious effort not to do so. 8. The parties are aware that the child's paternal grandmother Sandra E. Myers presently maintains health insurance for the child and are in agreement that she do so. However, with that said, Defendants specifically agree that Plaintiff shall have full authority to deal with all of the child's medical needs including, but not limited to, taking the child to health care professionals and making decisions regarding his medical care. The parties hereto wish this Stipulation to be entered as an Order of Court. The parties hereto place their hands and seals the date set forth above. WITNESS: 9 J,~l ~J ",'\ Jl {}p$J:. fb~ if Pb - MYERS D1dant, MAR'> A. TRAGOUL"" o c :z:: -~'(C f'Y;\! '~5:)'~~: \~'~l"' ~l=':1 PC -, ~ -<. ~ ~ ~ G> ~ ~:!J -otti C; ~~, . -" ~g, g :B: ~n E: CS" .",. ~ C?, RECEIVED AUG 11 lOlL ~ ANGELA E. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-3936 CIVIL TERM KYLE R. MYERS and MARIA A. TRAGOULIAS, Defendants CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this ,. IS day of A-r""'V 2005, upon review of the within Custody Stipulation IT IS HEREBY ORDERED AND DECREED that the parties agreement as set forth herein shall be made an Order of Court. BY THE COURT: J. ~cP Cb''\ o V;N\ii\1.1,8NN3d I "I(Y"', r" ",,/,u:"'I"O.... f\J.I'1l ,,'.).' \"",-"",j~._,,1t V Z I :2 Hd S I 5flV SOOl AtN10NGHlOCd 3Hl .:10 3JI:l3o-G31l::1 - RECEIVED AUG 182005 fJ" ANGELA E. MYERS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-3936 CIVIL ACTION LAW KYLE R. MYERS AND MARIA A. TRAGOULIAS Defendant IN CUSTODY ORDER AND NOW, this 16th day of AUl!ust. 2005 , the conciliator, being advised by plaintiffs counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for September l, 2005 is cancelled. FOR THE COURT, ca,~~ Dawn S. Sunday, Esquire Custody Conciliator VINV/I:l,SNN,+:l U'lnr,. I" ""',,^,,'" 11\; :') l , ;, ":<::1''1\ Iv SO :6 1i1l 61 5f1V SOOl ^l:1~lONQH10t1d 3H1 :lO 381:J:lQ-CJ31I:J