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Home My WebLink About94-02822 '" I ~ ,{ ~ , \ I } ((j CO ()o CO . ELIZABETH ANN FRAKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. '1'1- J U 1. (!-l~.;.t ..,-;,.._ ROGER D. MYERS, Defendant CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is ELIZABETH ANN FRAKER, currently residing at 512 Quail Court, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania. 2. The Defendant is ROGER D. MYERS, currently residing at 64 Paradise Road, Duncannon, Perry County, Pennsylvania. 3. Plaintiff seeks custody of the following child: TASHA NICOLE MYERS 512 Quail Court Mechanicsburg, Pennsylvania age: 10 years The child was born out of wedlock. The child is presently in the custody of the Plaintiff, ELIZABETH ANN FRAKER, who is currently residing at, 512 Quail court, Mechanicsburg, Pennsylvania. Since the child's birth, the child resided with following persons and at the following addresses: Elizabeth Ann Fraker and Nancy Louise stone (child's maternal grandmother) Paradise Road Duncannon, Pennsylvania from birth (December 7, 1983) to August, 1984 Elizabeth Ann Fraker and Nancy Louise Stone RD 2, Box 194, Shermansdale, Pennsylvania from August, 1984 to August, 1987 I. .. Elizabeth Ann Fraker and Roger D. Myers (child's biological father) paradiae Road Duncannon, pennsylvania from August, 1987 to October, 1990 Elizabeth Ann Fraker and Christian R. Quigley 512 Quail Road Mechanicsburg, pennsylvania from October, 1990 to October, 1991 Roger D. Myers Paradise Road Duncannon, pennsylvania from october, 1991 to May, 1994 Elizabeth Ann Fraker and Christian R. Quigley 512 Quail Road Mechanicsburg, Pennsylvania from May, 1994 to present The mother of the child is the Plaintiff, ELIZABETH ANN FRAKER, currently residing at 512 Quail Court, Mechanicsburg (Hampden Township), Cumberland county, pennsylvania. She is presently single. The father of the child is the Defendant, ROGER D. MYERS, currently residing at 64 Paradise Road, Duncannon, Perry County, pennsylvania. He is presently single. 4. The relationship of Plaintiff to the child is that of biological mother. The Plaintiff currently resides with the following person: Tasha Nicole Myers, child Christian R. Quigley, fiancee 5. The relationship of Defendant to the child is that of biological father. The Defendant currently resides by himself at his home at 64 Paradise Road, Duncannon, Perry county, Pennsylvania. . . . 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 child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. the Plaintiff has served as primary care giver of the child for the majority of the child's life; b. the Defendant placed the child in fear for her life as a result of his attempt to run the Plaintiff's vehicle off the road after Plaintiff had picked up the child from the Defendant for a scheduled weekend visit and his subsequent demand that she be returned to his custody; and c. the child, both prior and subsequent to the incidents stated in subparagraph b., has expressed a desire to remain with her mother. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WEREFORE, Plaintiff requests the Court to grant custody of her minor child to her. / 'fk/ . /-7,-_' .- If - ~'1/ / 1',' .1) Thomas M. Kutz, ES~Ui e / Attorney lor Planit supreme Court ID~ N . 38887 -~reet Mechanicsburg, PA 17055 Telephone: (717)795-9277 5. The child lived with Mother in Mechaniceburg for one year following the parties' separation. 6. In October 1990 the parties agreed that Father would have primary physical custody and the child lived continuously with Father in Perry County until May 20, 1994, with Mother enjoying regular periodic visitation. 7. Mother failed to return the child from a regular weekend visit on May 20, 1994. 8. On or about June 5, 1994 Counsel for Defendant filed a Custody Complaint and Petition For Special Relief in the Court of Common Pleas of Perry County. 9. On June 7, 1994, Counsel for Defendant received from Counsel for plaintiff a Faxed copy of the Custody Complaint filed in Cumberland County and this Court's June 3, 1994 Order setting a Prehearing Conference before Conciliator Samuel Andes, Esquire for July 7, 1994. lO. Defendant believes it would be in the best interest of the child for her to be returned immediately to Father to complete the school year in Perry County and for all proceedings in this matter to be heard in Perry County, the child's "home county" in which the child resided with Defendant Father for more than six months prior to the instant action. '\~:;:~i;{rC,',:~~::j,;' ::-, .~::;r}{~:;i 2~:;i: ~ ;;~",),:,_~~>.;;,:":' ;':-".y>;~,_\!; i:'';~S'l'><it;'. ',j~\r;- \ ~j ",,' " . ',"'J" ':'t':_''''''.l\i1it:illfFgI'''f~.!i!i:,:t.\4l~\iJ;;:;''~..;."",,'''''''' """:"A'~-';\' ~ iiJi>lD~"!l!'",,~~lm1~r. ". "iIIIUf. UI 1 ilL \ ,\ .1IOW;H~Y r,Ufll~l,\l ~Ii(l r,~\JNn I'LIIH"J YL \ ,\NIl . _---...--'l"'.....~".,...~..,."_..-..... JUH 7 2 58 r~ '9~ ~; r .. . , . " __.~...h.,~_......,_r.~.'..,.__, f .,,->,.""'.''''.'*....,.f,;_~~'..~~~~.,.,.'~ I' \- 4' . " ,~,. . t:'. ~i#' \ -~,,"-""'- ~' ,. r >. "." t.~...~, . ," 'T.'""":- ...-,...,..-~ -~ -~-_.~ o,~ 'i -, '..-,' ~, " "'..,- ""~..~']"'~'" ~,cmr.""I1fjJT",_,,-___l J>"j;"-~l''iih,lfii~'lf'va:[ '\ r" r'~ it , ,. ". '0"'\0< t'!. r \" '<;,~, w...l..... 'J ~7;'i.l-'i-%.'.1~j '.ifl, ,,_:::..:-- " , .. "'~,.; ,....,":-:"'...." ,.n;, ':.' >~ <.': : _1_C;:PENN&Yi.V~'-f,ior->~ ::;;;r, ,,- >, .' .., . 3?i:;:i';;;'.;";' . ....I'~t)>'*Ull(I~_: > ".,~ if'" iM.,.-; ;:. ,':;:) ".~(r':,:,:fj:C:' ;,:.]; ELIZABETH A. FRAKER plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ROGER D. MYERS, Defendant NO. 94-2822 CIVIL TERM CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, Edward J. weintraub, Esquire, Counsel for Defendnat Roger D. Myers, do hereby certify that on the ~ day of June 1994, I served a true and correct copy of the Preliminary Objections To Complaint For Custody Pursuant to PA. R.C.P. 19l5.5, upon Counsel for Plaintiff, by depositing same in the united States Mail, certified mail/return receipt reques~ed, addressed as follows: Thomas M. Kutz, Esquire 29l E. Main Street M"b."i"b"~~5_ ~ ~/1--71- \ '---rt/ L/t ./ EDWARD J. WEINTRAUB, ESQUIR l30 Walnut Street Harrisburg, PA l7l01 (717) 238-2200 COUNSEL FOR DEFENDANT " JUH 10 8 39 AH '9~ Of ifl! Cl.itie~ . I'C~', .' I il:l ! dt/W/f.\hY ~'\i) t;j,':,'1 rv 1 ',/.",!, ..-.... -..'.....~......""".""'""'.,-"'~_,.~_~.,~-",._.J,.""..""..".........,,~->.._~ ~.'i'-......,,i,.""_~a.~....l!.'&J;liI"r~~.~~'. ..~...~ / .. , ~ '- - , .. - ,- - ~I , . , ,......- " '" SEP 20 199. dL- ELIZABETH ANN FRAKER, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs ) ) CUSTODY/VISITATION ROGER D. MYERS, ) Defendant ) NO. 94-2822 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of September 1994, it being represented to the undersigned conciliator that the parties are attempting to resolve their differences privately, the conciliator hereby relinquishes jurisdiction of this matter. If either of the parties wishes further proceedings in this action, they should contact the court to request a conciliator be reassigned. FOR THE COURT, ,-- & ~._~~ S uel . Andes custody conciliator CCI Thomas M. Kutz, Esquire Edward J. Weintraub, Esquire ......,..'''".......;,,-.'''~'' "."., "7'~-_~" ._._......................~~_.~-~,. SE' 20 3 ~z ;'H '911 :;rncr 1)1 -,. _: ilO"'U~" GUlll-lI-ll,'iO c:' !Nrr I[ !l~'jlL\ANIA "--~,.",-","",~"-.~.""""","",,"'Y;" . ;~ "t . iI . , , , '" .. - ~ , ., . -' ,"'''~ ., H~:"-~~ ,. " I- I I I