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Home My WebLink About05-5681 . CHERISH C. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 2005 .,1"'t r I CIVIL TERM .JEFFREY L. MYERS, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is CHERISH C. MYERS, an adult individual residing at 112 Cave Hill Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is JEFFREY L. MYERS, an adult individual whose mailing address is 221 Long's Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the parents of a minor son, namely Tyler Jakob Myers (born December 15, 1999, age 5 years). 4. The child has resided with both parties frorn the time of his birth until the parties' separation on or about October 1, 2005. After the parties' separation, the parties alternated custody on a week on - week off basis. Since October 29, 2005, however, the child has resided with the defendant. 5. Plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child, but that plaintiff have primary physical custody subject to specified periods of visitation and temporary custody with the defendant. 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. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the child as aforesaid. October 31,2005 'l1 . c/W-/LhlM1 ./1 HAROLD S. IRWIN, I Attorney for plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. October 31, 2005 , " (,lll,LLI!II!' CHERISH C. MYERS I \ Ii I( , ) I ~ , { , ~ ~~? ~~~ ~ f ~ "" -... " ~ Q C'''' 4_ '25 ~ -::z; ~ I -ci) {\~ \:,: -" "'. ~t~.<. r;;\._ ~<":1 -C -C Y-Z :< - Q, ~~ -V6 -0 (.;) ~......., -L". -IJ "')-") \7'?n 9- ~ --0 :::;t: W ., o o . , 1'1.\1,111'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I'ENNSYLV,\NIA CIIIRIS!I C. MYERS \ 05-568\ CIV I [, AC nON LA \V JEFFREY L. MYERS IN CUSTODY IJU'IJ\I);\NT OIUlER OF COURT ,\NJ) NOW. Wednesday, November 09, 2005 , upon con.sideratinn oj' the Jttached Complaint. it is hcrch:y directed that paniL's and their respective counsL'l apre,-lr hel'orc .Jacqueline M. Verney. Esq. ,the conclliatnr, al 4th Floor, Cumberland Coufl~Y~~1Jrtho,1J~~'m~~~rlisle on Tnesday, December 06, 2005 at 9:30 AM for ~\ Prl'-Ikanng Custod)- Conlerence. /\1 :-;uch confcn:ncc, an L'ffort \vill he made to resolve the issues in dispute: or iftlw..; cannot he accomplished. to (\etJnc and narrow the issues to he heard by' the court, and to cnter into a temporelr)- l)rdcr. :\11 children age lIve Of older lTIav also be prl"scnt at the conference. Failure to appear at the conference fllm provide grounds ror entry; of a temporary or permanent order. The court h('rch~' dirc..'ts the parties to furnish any and all ('xi.~tjng Protection from Abuse orders, Special Reliefordcrs, alld Custody orders to the conciliator 4S hOllrs prior to scheduled hearin!!. FOR TI II (( HJRT. IJ): /s/ ]flcql1eline M,. Verney, "Esq, . Custody Conciliator )0fY! rlk' L (jurI of ('o11lmon Pleas or CUlllberland C\lLlllty is required by la\\ 10 cmnply with the Americans v...itll UisabilitC's /\c1 or 1990. For inkmll'-ltion about accessible facilities and reasonable accollllllodations avallahlc to disahled individuals having businL's,,", ncfofl' lhL' court. ph::'3SC contact lJUr onicc. All alTangclllems must he lnade at least 72 lwurs prior to an),' hearing ur husiness before the court. You !TIlIst attend the scheduled conference or hearing. YOU SIIOULU TAKF, rIllS PAI'L:f.t TO YOUR ATTORNEY AT ONCF, IF YOU DO NOI 11;\ VI AN ATTORNIY OR CANNOT AI LOlm ONI. (iO TO OR TILFPHONI FHE mIICI SIT FORTH BLLOW TO IINIl Ol:T WHERI YOU CN\ (,ET EECAL I1UP Cumberland County' f-~ar Association 3:2 Sowh LkdhJrd Slreel Carlisle. Pennsylvania 170 I 3 Telephone (7 I 7) 249-3 166 . ~ ~ f}P -1"'7" Qp) >>61/ #V ~ ~~ ~u, 5(/0'// ~ fzy? ~ ~1I 4zlc9.J. /'fJ .52/ r;, .; I .., Z .f' 1.1,.1 6- fiOi'J SOOl (. .t,. .,~, .., -c' LL ~o ( ,........';........,..,<'.,..,'."-, ->- -' i\d\:ll.,j "]\,ji i.L,.......~,:,...l. '.n'.I.IC"_Ci.j d:J j\Jf_" \.. .f" '. CHERISH C. MYERS, Plaintiff = IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. = CIVIL ACTION - LAW : NO. 2005 - 5681 CIVIL TERM .JEFFREY L. MYERS, Defendant : IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this 2..-7~ay of November, 2005, by and between CHERISH C. MYERS (hereinafter referred to as "Mother") and JEFFREY L. MYERS (hereinafter referred to as "Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the parties are the parents of a minor son, namely Tyler Jakob Myers (born December 15, 1999, age 5 years); WHEREAS, the Father and Mother are currently parties to a custody proceeding in Cumberland County, Pennsylvania, scheduled for conciliation on Tuesday, December 6, 2005; and, WHEREAS, the parties wish to enter into an agreement relative to the custody, partial custody, and support of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have joint legal custody of the child. i 2. The parties shall have shared physical custody of the child on as much of an equal basis as possible, in accordance with a schedule suitable to their respective work schedules and their mutual agreement. The intent to share physical custody of the child shall also extend to holidays. 3. The Father shall always have the child on Father's Day and the Mother shall always have the child on Mother's Day. 4. Both parties shall have reasonable telephone contact with the child while the child is in the other party's custody. 5. The parties agrees to keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. 6. Except as otherwise indicated in this agreement, the parties shall do nothing that may estrange the child from each other or hinder the natural development of the child's love or affection for the other party. 7. The parties intend to use the Father's grandmother for childcare as much as is reasonably possible, provided the grandmother is available. 8. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 9. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 10. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' child and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. J L. (SEAL) < ~C'r)U{fjY (SEAL) CHERISH C. MYERS-r . . COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the ..0. day 0Ji'~005, before, the undersigned officer, appeared Jeffrey L. Myers, known to me ( or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set (SEAL) N01Ah,/:"~ ~,~.;. \-;;\F{(JLO S IRWli\i ~:: t~i_n f~I' r:".~ i,j08:JUG~;; (.~,-"ur'i':"\ .~; ~' , ~:;i,)HUC j A'i'~~~"";,.j\~JC: ~ ! ~'i:',nvj::<~r't !:,,_;'J:'- COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the 2/i1aay of November, 2005, before, the undersigned officer, appeared Cherish C. Myers, known to me ( or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my han and official seal. """"-.~"-<"'......""",.~.. .,.". .. NOTARIAL SEAL ~ ";AROLD S. IRWIN. 'II. NOTAllY' PUBLIC 4RLISLE BOROUGtj, COUNW Cf: CUMBEHLAND r~:.'~.~:~:!~~~S~iON OPdif:, nCmHU, 22 2CC::~ (SEAL) Notary Public C" 1"-:" .-\ ~.r'. -,:', ',., _c"' \ , ..~., (~":' C" .. # ~ .y.- DEe 01 20OSlt\ HAROLD S. IRWIN, III, ESQUIRE ATTORNEYIDNO.~O 14 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-809lJ ATTORNEY FOR PLAINTIFF CHERISH C. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA v. = CIVIL ACTION. LAW I NO. 2005 - 5681 CIVIL TERM .JEFFREY L. MYERS, Defendant = IN CUSTODY ORDER OF COURT AND NOW, thiS...!Z.tk day of ye..L ,2005, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COURT, I) -rt>5' ~"~L =MS ....,...., .1/ t'.(;, ,! (],- ~"'a. ,}~. '. '.c.. OEe 0 6 2005 CHERISH C. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5681 CIVIL ACTION - LAW JEFFREY L. MYERS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 6th day of December, 2005, the Conciliator having been advised that the parties have entered into a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~L /~, V~ line M. Verney, Esquire, Custod Conciliator [0 .~. .,:.,