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HomeMy WebLinkAbout06-6489 JULIANN THOMPSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06- l::. 4 1'? CIVIL TERM MATIHEW MYERS, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Juliann Thompson, hereinafter referred to as Mother. Mother resides at 1125 Harrisburg Pike #3, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Matthew Myers, hereinafter referred to as Father. Father resides at 300 Greason Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Mother seeks primary physical custody of the minor child: Name Dejah Thompson-Myers Present Residence 300 Greason Road Carlisle, P A 17013 Age 3/21/02 DOB; 4 Y2 yrs old Dejah was born out of wedlock. Dejah was in Mother's custody since birth. In September 2006, Father took Dejah and has since refused to return her to Mother's custody and continues to retain custody of Dejah. During her lifetime, Dejah has resided with the following persons and at the following addresses: Name Address Date Juliann Thompson Joyce Thompson Gregory Thompson 115 W. Chapel Ave Carlisle, P A birth - 9/03 Juliann Thompson Angela Thompson Terrance Baumgardt Alan Dillon 123 E. Louther Street Carlisle, P A 9/03 - 12/03 Juliann Thompson 604 S. Middlesex Rd 12/03 - 3/04 Susan Kaucher Carlisle, P A Keith Kaucher Tristan Walters Tristan's grandparents Juliann Thompson Betty Nelson Trailer Court 3/04 - 8/04 Joyce Thompson Carlisle, P A Juliann Thompson 214 E. North Street 8/04 - 1/05 Tristan Walters Carlisle, P A (on occasion) Juliann Thompson 161 N. East Street 1/05 - 6/06 Carlisle, P A Juliann Thompson 604 S. Middlesex Rd 6/06 - 8/06 Susan Kaucher Carlisle, P A Keith Kaucher Tristan Walters Tristan's grandparents Juliann Thompson 1125 Harrisburg Pike 8/06 - 9/06 Carlisle, P A Matthew Myers 300 Greason Rd 9/06 - present Carlisle, P A 5. Mother currently lives alone. 6. It is believed that Father lives with the following persons: Name Relationship Dejah Thompson-Myers Parties' Daughter Marie Billingsly Girlfriend Thomas Myers Paternal Grandfather Joann Myers Paternal Grandmother 7. Mother has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Dejah in this or another court. 8. Mother has no information of a custody proceeding concerning Dejah pending in a court of this Commonwealth. 9. Mother does not know of a person not a party to the proceedings who has physical custody of Dejah or claims to have custody or visitation rights with respect to Dejah. 10. Dejah's best interest and permanent welfare will be served by granting the relief requested for reasons including, but not limited to the following: a. Since the Dejah was born, Mother has provided for her emotional, physical, educational, financial and medical needs. b. Since Dejah was born, Mother was the parent primarily responsible for her daily care because Father was not actively involved in Dejah's life and made no effort to pursue and establish a father/daughter relationship with Dejah. c. Mother has a home environment that is safe and appropriate for Dejah's daily care. d. Mother is willing to communicate with and work cooperatively with Father to co- parent Dejah and will encourage father/daughter relationship. 10. Father has not acted in Dejah's best interests in ways including but not limited to the following: a. Father was an absent parent for the first two years after Dejah was born. Despite Mother's attempts to bring Dejah to Father to encourage their relationship, he refused to participate in a co-parenting role for Dejah. b. For a few months in 2005, Father spent a few hours babysitting Dejah while Mother worked. Because of his involvement with drugs, Mother stopped allowing him to babysit and limited Father to visits with Dejah in Mother's home. Father did not accept this and had no contact with Dejah until late July 2006. c. In July 2006, Father was incarcerated for child support arrears. Upon his release he informed Mother that he was changing his ways and wanted to restart his relationship with Dejah. After some supervised visits at Mother's home, Father had alternating weekends with Dejah but following his first September visit, Father refused to return Dejah to Mother's custody. d. Since taking Dejah, Father has denied Mother all contact with Dejah. e. Father has a history of drug involvement and does not have the skills to provide daily care for a young child. This causes Mother to fear that Father is unable to provide for the daily needs of a young child who needs rules, discipline and limi tati ons. f. Father is involved in dangerous activities that take place in his home. Dejah has seen videotapes produced by Father that staged animal tortures and killing. g. Father's apartment is not safe for a young child to be in on a daily basis. The apartment is unclean, unsanitary, and on occasion has lacked various basic utilities. Father cannot provide an appropriate environment for Dejah. h. When Father was cooperating with the alternating weekend schedule, Dejah returned home using the word "nigger" to address Mother. Dejah is bi-racial with Father being Caucasian and Mother being African-American. 1. Father's actions in prohibiting contact between Mother and Dejah is detrimental to the mother/daughter relationship and does not serve Dejah's best interests. 12. Every person with rights to custody or having actual physical custody of Dejah has been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief: 1. That the parties shall share legal custody of Dejah. 2. That Mother shall have primary physical custody of Dejah. 3. That Father shall have periods of partial custody on alternating weekends from Fridays at 6:00 p.m. until Sundays at 6:00 p.m. 4. That the non-custodial parent shall have reasonable telephone contact with Dejah while she is with the other parent. 5. That the parties shall have an appropriate holiday schedule so that both parents can spend time with Dejah during various holidays. 6. Any other relief this Court finds just and equitable. Je s' a 0 , Esquire idPenn Legal Services 401 East Louther Street Carlisle, P A 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Juliann Thompson, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. J Date: 111'23) 6\;J JULIANN THOMPSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06- CIVIL TERM MATTHEW MYERS, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Matthew Myers with a Complaint For Custody on 1 ,AltfJ/bnk , 2006 by certified mail, return receipt, restricted delivery, to the person and address below: Matthew Myers 300 Greason Road Carlisle, PA 17013 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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 unsworn falsification to authorities. Date: fJ- 1- OLP Signature: o JULIANN THOMPSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. ; NO. 06- &vr1 CIVIL TERM MATTHEW MYERS, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Juliann Thompson, Plaintiff, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providi free legal services to the party. Jess' c H st, Esquire Mi nn Legal Services 401 East Louther Street Carlisle, P A 17013 (717) 243-9400 ~ 0 = -n ("-,'""\ -.".."* t.:.~: "'""",....,. I _l C') r-,:' ~J..J -< JULIANN THOMPSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06- /.;l.{p( CIVIL TERM MATIHEW MYERS, Defendant CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Juliann Thompson, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as Mother, who resides at 1125 Harrisburg Pike #3, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is the above-named Defendant, and resides at 300 Greason Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural and biological parents of the minor child, Dejah Thompson- Myers, born March 21, 2002. 4. There is no prior Custody Order in this matter. A Custody Complaint has been filed simultaneously with the filing of this Petition for Special Relief. 5. Defendant is not acting in Dejah's best interests for reasons including, but not limited to, the following: a. In early September 2006, Defendant took Dejah for a weekend visit and has since refused to return her to Mother's custody. b. Since taking Dejah, Defendant has refused to allow Mother any contact with Dejah and he insists that Mother must sign some "papers" before he will return Dejah. c. Defendant's actions will have a negative impact on Dejah because he has had limited interaction with Dejah over the past four-and-one-half (4 V2) years and has never provided for her care on a long-term basis and does not have the parenting skills needed to provide daily care for a young child. d. Defendant has a history of drug problems which will interfere with his ability to provide care for a young child on a long-term basis. e. Defendant lives in an unsafe, unsanitary apartment and cannot provide an appropriate environment for Dejah. Dejah has seen videotapes produced by Defendant that staged animal torture and killing. 6. Mother is the parent who can best provide for Dejah for reasons including, but not limited to, the following: a. Mother is presently able to provide for Dejah by giving her a nurturing and stable home environment and providing for her emotional, physical, medical and educational needs. b. Since the Dejah was born, Mother is the person who has provided for her daily needs and did so with minimal assistance from Defendant. c. Mother can best ensure that Defendant is able to maintain a father/daughter relationship with Dejah. d. Mother is concerned about the impact of Defendant's actions on Dejah because Dejah has not been away from Mother for extended periods of time and Defendant has no experience providing extended care for Dejah. e. Mother fears that Dejah's exposure to Defendant's lifestyle will have a negative impact on her and will cause her to digress from any developmental progress that she has made while in Mother's care. 6. Without this Court's intervention, Dejah is at risk of being harmed from being denied contact with Mother. WHEREFORE, Mother respectfully requests that the Court order the following: a. That Defendant shall immediately return Dejah to Mother's custody. b. That this matter shall be scheduled for a custody conciliation to determine a more specific custody schedule regarding Dejah. c. That until the conciliation the parties shall have shared legal custody of the children. d. That until the conciliation, Mother shall have primary physical custody of Dejah. e. That until the conciliation, Father shall have periods of partial physical custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. f. Any other relief this Court finds just and equitable. VERIFICATION The above-named PLAINTIFF, Juliann Thompson, verifies that the statements made in the above PETITION FOR SPECIAL RELIEF are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: . JULIANN THOMPSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06- CIVIL TERM MATIHEW MYERS, Defendant : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Matthew Myers with a Petition for Special Relief on \ ,I '1-. ,2006 by certified mail, return receipt, restricted I delivery, to the person and address below: Matthew Myers 300 Greason Road Carlisle, P A 17013 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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 unsworn falsification to authorities. Date: \ \. t . 0 u n c-~ f"'.-) ...-:-::J c:.> ~:.r, o -n ::;:1 .,....-n r 11--- r- ~-...~ r=~-1 '-,-) ~': I -_.1 -0 -'.'. - ~ ~~~j / ;r~ --. '" '; :; (I""; ~;.~ ~_,J --< (.0 ['0 JULIANN THOMPSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-6489 CIVIL ACTION LAW MA TTHEW MYERS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 14, 2006 , 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 County Courthouse, Carlisle on Tuesday, December 19, 2006 at 9:30 AM 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 hearin2. FOR THE COURT. By: /s/ ac The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 . ~ ~. t- -: ~ ~ 'll/ ,/-1/ -r- !rh" , _ ~-? ~ 17 'J(}.,/il-J/ '.>"X ~~ 4;;~11J 1p.5/'}/ \;.l.~ _,I,... .... .4,-,'\'n .".,:,,, ..... , "Jl !\..) ~f.: :2 Hd S I/,ON 900Z JULIANN THOMPSON, Plaintiff v. MATTHEW MYERS, Defendant .. ...j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6489 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of November, 2006, upon consideration of Plaintiffs Petition for Special Relief, a hearing is scheduled for Friday, December 1, 2006, at 11: 15 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. Jessica Holst, Esq. MidPenn Legal Services 401 East Louther Street Carlisle, P A 17013 Attorney for Plaintiff Matthew Myers 300 Greason Road Carlisle, P A 17013 Defendant, pro Se :rc BY THE COURT, - J. > /1- J}-O& ~ ..~J- Y4.~ 82 I ." ~ 0" I ""'07 '" "'; 1\"1 Uil I, ~VJI ~")iJ'OJ :1 C) '" ... t. ..- JULIANN THOMPSON, Plaintiff IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA . . v. No. 2006-6489 MATTHEW MYERS, Defendant CIVIL ACTION - CUSTODY To the Honorable, Prothonotary of Said Court: Praecipe of Appearance Kindly enter my Appearance on behalf of the interests of the Defendant, Matthew Myers relative to the above matter.. The Law Offices of John M. Glace Jo Dated: 11ll~/o~ 132-1 4 alnut Street Harris g, PA 17101-1612 Telephone: (717) 238-5515 Telefax: (717) 238-6929 Supreme Ct. ill: 23933 .. ~ ~ ,- .. . CERTIFICATE OF SERVICE I HEREBY CERTIFY that this ?6dayOf November, 2006 I have served a true and correct copy of the foregoing Praecipe of Appearance, by hand delivery, upon: Jessica Holst, Esquire MiddPenn Legal Services 401 East Louther Street Suite 103 Carlisle, PA 17013 LAW OFFICES of JOlIN M. GLACE . lace, Esquire Walnut Street H . b g, PA. 17101-1612 (717) 238-5515 Identification No. 23933 Counsel for Defendant -- ~ ~rn -.....-.) ~c - '-~:\~'. ;.:::c )>c Zo >>c Z -4 -< ~ c:=> lC:) C!" a ~ N \.0 Q ~:D ~hi trs~ ~-':t b::!J -:r (? orM -I ~ ::po ::It 'R C) C> JULIANN THOMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MATTHEW MYERS, Defendant NO. 06-6489 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 1st day of December, 2006, the parties having reached an agreement in the above matter, the hearing scheduled for December 1, 2006, is cancelled. BY THE COURT, J. Jessica Holst, Esq. MidPenn Legal Services 401 East Louther Street Carlisle, P A 17013 Attorney for Plaintiff ./\ 1)-1-~(p ('~ ~ . I ,y~' Matthew Myers 300 Greason Road Carlisle, P A 17013 Defendant, pro Se :rc V;j\]v/\t\St\!r'~:3d I f I I "v- ," ....,,..,..'n"" 1\..1.. \J: il.)' L.d:"~l V OS :2 Wd iJ- 830 900Z ^WIOi~OH.LOGd 3Hl :10 381:l:l0{l3ll:I JULIANN THOMPSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA ~~r; 2 " Z""f V V. : NO. 2006-6489 CIVIL ACTION - LAW MATTHEW MYERS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ---1~ ~ t:. , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Juliann Thompson and the Father, Matthew Myers, shall have shared legal custody of Dejah Thompson-Myers, born March 21, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's g~neral well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of23 Pa.C.S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the telephone number 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. schedule: Mother shall have primary physical custody of the child on the following A. Each parent shall have physical custody of the child on an alternating week on/week off schedule. The exchange day and time shall be Sunday at 6:00 p.m. Mother shall have the first week which will continue until Christmas Day, 2006 at 12:00 noon. Father shall have the following week until Sunday, New Year's Eve at 6:00 p.m. The parents shall alternate weekly physical custody thereafter, except that mother, in any given year, shall have 51 % physical custody of the child. ~ :d. \_.. ,C 7~[t., '(~ii: 0-\0- ~w u-:t: I- '6 C0 ("-3 - - ...,- ~ - ("-3 '-' " I B ....0 c:::> ~ B. The non-custodial parent shall have physical custody of the child on Wednesday from 5:30 p.m. to 8:30 p.m. 3. Holidays: A. Thanksgiving shall be shared with Father always having physical custody from 9:00 a.m. to 3 :00 p.m. and Mother having physical custody from 3 :00 p.m. to 9:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall always have Block A and Father shall always have Block B. C. Easter shall be shared such that Father shall always have physical custody from 9:00 a.m. to 3 :00 p.m. and Mother shall always have physical custody from 3:00 p.m. to 9:00 p.m. D. Mother shall always have physical custody of the child on Mother's Day from Saturday at 6:00 p.m. to Sunday at 6:00 p.m. Father shall always have physical custody of the child on Father's Day from Saturday at 6:00 p.m. to Sunday at 6:00 p.m. E. Memorial Day shall be alternated with Father having physical custody in odd numbered years and Mother having physical custody in even numbered years. F. Mother shall always have physical custody of the child on July 4th. G. Labor Day shall be alternated with Mother having physical custody in odd numbered years and Father having physical custody in even numbered years. H. Each parent shall have physical custody of the child on her birthday for four hours. 1. Trick or Treat night shall be alternated with Mother having physical custody in odd numbered years and Father having physical custody in even numbered years. 4. Each party shall provide a telephone number and current address to the other parent. 5. Each party is entitled to a reasonable inspection of the other party's residence. 6. Transportation shall be shared such that the receiving party shall transport. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc~ica Holst, Esquire, Mid Penn Lega Services, Counsel for Mother vi6hn Glace, Esquire, Counsel for Father J. DEe 2 0 zoo~ JULIANN THOMPSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2006-6489 CIVIL ACTION - LAW MATTHEW MYERS, Defendant : IN CUSTODY PRIOR JUDGE: None 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dejah Thompson-Myers March 21, 2002 Mother 2. A Conciliation Conference was held in this matter on December 19, 2006, with the following in attendance: The Mother, Juliann Thompson, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services, and the Father, Matthew Myers, with his counsel, John Glace, Esquire. 3. The parties agreed to an Order in the form as attached. tJ.. - ;)....0 - 0(,.., Date ~~y,!~i~ Custody Conciliator JULIANN THOMPSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA c V1. CIVIL ACTION - LAW m? _ -Z :r . z? r-Tj NO. 2006-6489 CIVIL TEI ; MATTHEW MYERS, Defendant/Petitioner IN CUSTODY ' PETITION FOR MODIIFICATION OF CUSTODY AND NOW comes the Petitioner, Matthew Myers, by his attorneys, Irwin & McKnight, P.C., and, presents the following Petition for Modification of Custody. The Petitioner, Matthew T. Myers, is an adult individual with an address of 134 East Penn StrOet, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent, Juliann P. Thompson, is an adult individual with an address of 115 Fourth Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The parties are the natural parents of one (1) minor child, as follows: a. Dejah Thompson-Myers 03/21/2002 Age Ten (10) 4. The parties are governed by an Order of Court dated December 21, 2006, and signed by the Honorable J. Wesley Oler., Jr. A copy of said Order is attached hereto and made a part of this Petition. The Petitioner desires that the parties have shared legal custody of said minor child. 6. The minor child, Dejah Thompson-Myers, had not been registered for school and was to enter 5`h grade. 7. The parties agreed that the minor child, Dejah Thompson Myers, would attend Letort Elementary School and maintain the current alternate week custody schedule. OP? L j( S Z" C ? aSo3y`( 8. The minor child, Dejah Thompson-Myers, began attending Letort Elementary School for the 2012.,2013 school year. Without warning or discussing the matter with the Petitioner, the Respondent withdrew the minor child from the Letort Elementary School and registered her in the Soutli Middleton School District. 9. The Petitioner believes that the minor child wants to continue to attend the Letort Elementary School in the Carlisle School District. 10. The Respondent refuses to discuss this matter with the Petitioner. 11. The Petitioner desires primary physical custody of said minor child with periods of tempor4 physical custody to Respondent as the parties agree. 12. The best interests and permanent welfare of the minor children require that the Court grant the Petitioner's request as set forth above. WHEREFORE, the Petitioner, Matthew T. Myers, respectfully requests that he be awarded primary physical custody and shared legal custody of Dejah Thompson-Myers, as provided herein, with periods of temporary physical custody to Respondent as provided herein. Respectfully submitted, IRWIN & Mc IGHT, P.C. By: Marcus A. cKni II, Esquire Attorney for Plainti 60 West Pomfret St Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: Se?tember 6, 2012 EXHIBIT "A" DEC 2 0 2005 r JULIANN THOMPSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-6489 CIVIL ACTION - LAW M. TTHEW MYERS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon cU tJideration of the attached Custody Conciliation F epos?, it is ne•dered and directed as follows: 1. The Mother, Juliann Thompson and the Father, Matthew Myers, shall have v e shared legal custody of Dejah Thompson-Myers, born March 21, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major no -emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the to is of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pe aining to'the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the telephone number of the other parent. T the extent one parent has possession of any such records or information, that parent shill 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Eah parent shall be entitled to full and complete information from any physician, dentist, to cher or authority and copies of any reports given to them as parents including, but not linhited to: medical records, birth certificates, school or educational attendance records or r:. Jicti ort cards. A?ditionally, each parent shall be entitled to receive copies of any notices w come frotr school with regard to school pictures, extracurricular activities, ch ldren's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child on the following schedule: A. Each parent shall have physical custody of the child on an alternating week on/week off schedule. The exchange day and time shall be Sunday at 6:00 p.m. Mother shall have the first week which will continue until Christmas Day, 2006 at 12:00 noon. Father shall have the following week until Sunday, New Year's Eve at 6:00 p.m. The parents shall alternate weekly physical custody thereafter, except that mother, in any given year, shall have 51% physical custody of the child. B. The non-custodial parent shall have physical custody of the child on Wednesday from 5:30 p.m. to 8:30 p.m. 3. Holidays: A. Thanksgiving shall be shared with Father always having physical custody from 9:00 a.m. to 3:00 p.m. and Mother having physical custody from 3:00 p.m. to 9:00 p.m. B. Christmas shall be divided into two Blocks: Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall always have Block A and Father shall always have Block B. C. Easter shall be shared such that Father shall always have physical custody from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody from 3:00 p.m. to 9:00 p.m. D. Mother shall always have physical custody of the child on Mother's Day from Saturday at 6:00 p.m. to Sunday at 6:00 p.m. Father shall always have physical custody of the child on Father's Day from Saturday at 6:00 p.m. to Sunday at 6:00 p.m. E. Memorial Day shall be alternated with Father having physical custody in odd numbered years and Mother having physical custody in even numbered years. F. Mother shall always have physical custody of the child on July 4`' G. Labor Day shall be alternated with Mother having physical custody in odd numbered years and Father having physical custody in even numbered years. H. Each parent shall have physical custody of the child on her birthday for four hours. 1. Trick or Treat night shall be alternated with Mother having physical custody in odd numbered years and Father having physical custody in even numbered years. 4. Each party shall provide a telephone number and current address to the othe? parent. 5. Each party is entitled to a reasonable inspection of the other party's residence. 6. Transportation shall be shared such that the receiving party shall transport. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, -Iraa g J. cc: ?e:ca Holst, Esquire, Mid Penn Legal Services, Counsel for Mother oGlace, Esquire, Counsel for Father i In Testim- :t my hand T.e sea , t a, Pa. .....'. day ?._, DEC 2 0 2006P.41 JUILIANN THOMPSON, Plaintiff V. MATTHEW MYERS, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6489 CIVIL ACTION - LAW IN CUSTODY CUST . DY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PRi)CEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I . The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Dej4h Thompson-Myers DATE OF BIRTH CURRENTLY IN CUSTODY OF March 21, 2002 Mother 2. A Conciliation Conference was held in this matter on December 19, 2006, with the following in attendance: The Mother, Juliann Thompson, with her counsel, Jess' a Holst, Esquire, Mid Penn Legal Services, and the Father, Matthew Myers, with his c unsel, John Glace, Esquire. 3. Theparties agreed to an Order in -ihe form as attached. 1 ' DateJacqueline M. Verney, Esquire Custody Conciliator VERIFICATION The foregoing document is based upon information, which has been gathered by my counsel land myself in the preparation of this action. I have read the statements made in this docume*t and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 rel4ting to unsworn falsification to authorities. By: AT HEW . MYERS Date: September 6, 2012