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HomeMy WebLinkAbout94-06801 (J (Ll 7- E: . ;Il e "" 1 E ~ J J __ I ! ~J ~J , . 114R / /995 ./.'"J HAR 2 2 33 PH '95 v , '~ .', ',~ \" ~:fiT'j ,THE, 'tdU~'.f,r OF COMMON PLEAS OF ICUHBERLAND C:OUNTY, PENNSYLVANIA I INO. 6801 - CIVIL - 1994 I I ICIVIL ACTION - CUSTODY STEPHANIE A. MYERS, Plaintiff ROBERT M. MYERS, SR., Defendant COURT C'RDlilR AND NOW, this ~ day of ..M ?J~~ , 1995, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as followsl 1. The Mother, Stephanie A. Myers, and the Father, Robert M. Myers, Sr., shall enjoy shared legal custody of Natasha L. Myers, born August 4, 1987, and Robert M. Myers, Jr., born January 20, 1991. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children as followsl A. Father shall be entitled to temporary custody on each weekend from Friday evening until Sunday evening at times to be agreed upon by the parties. In months which have four weekends, Father shall only have custody up to two weekends, in months which have five weekends, Father shall have custody up to three weekends. Father shall notify Mother by Wednesday evening of each week as to when he is not going to exercise custody on the upcoming weekend. B. For a period of six weeks during the summer months, which time may be consecutive. The time shall be as agreed upon by parties. In the event there is no agreement, Father shall notify the Mother by May 15 of each year as to the six weeks he intends to exercise custody in the summer. For the time in the summer when the Father is not exercising custody, Mother shall have exclusive custody and Father's weekend custody as set forth in Paragraph A above shall be suspended. C. Over the Christmas holiday, from noon on Christmas Day until noon on December 26. ,r-' ><J I ,..J; ~ .;.; ( ~~ -1"' .\'.' { .,L oj J 'I=i 1,\)0 d .J <t. 11_ ~ 1L Ii- -:r ~ ~) fJ 0 c:n .....,... 0 CJ L.'1 If) 0 = (J l() @ (.1._ lri If) ". " \r) g ...3- ~ \' \(\ r<) "':::l- --. cr 0- ::1- ~ ~' '.) cr- , 1.; - U ... "::tl = +1 ~ "l- V i~ ~ t; t; is fj I- '" ~~~: ~ J l! ~ '" ~ ~ U j lJl 0 l! <( ft o,~~ ... lJl Q. .... .~ ~] ~1 0 ~ ~ ~ ~ ~ Z . .. ~ rs ~ :t: ill ~~IU 16 z :t oJ "P ~~ I ex :t ~ W g Ii il lJl '" 'Il< o ID e;~,~ < . ii: <( 0 1I Z :t: I ~ lJ. Z 1 ~ . - 8 u :;: a: N i Cl ~ ~~Q rs ~rs _"".,.OIlU.' 'eulu.... Jll&. ()IrI...o,OO.l.~l'fO.1Inl''''' '\ .. STEPHANIE A. MYERS, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . v. : CIVIL ACTION - LAW 1994 - (.roO I CIVIL TERM IN DIVORCE ROBERT M. MYERS, SR., Defendant NOTICE TO DEFEND AND CLAIM RIG~ You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custOdy or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland county Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse CarliSle, Pennsylvania 17013 @ l:i~ ~ Vl !3 ~i Vl l:I I- ~ ... ti ~ .... ... :s d!:! ..... ... ~ ... - ~ .~~ d ~~ g ~ ffi g ~ < Vl ~ 1 ~ < ... III 0. g g z ' ~ Z D. - ~ ~~ ~ c " ~~B~ ... c ~ _ :l: " .., Z J: ~ , cr :I ~ " z ~ . . ~ III 0 II ~ U) 3 ~ ei~U < ~ - ~ 03 z ;[ I ... < Z ::t ~ . ~ ~ ::E: es u ~ ~I ~ ~ C> ~ a. ~ _..ut' 10"1"""11"-'" ,..,. Dl'oI'''U D3."""" 1fOJ' lUll Tlf' DEe 0 1199~ L,(' ,) ,A.- vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94- b f?o I CIVIL TERM IN DIVORCE STEPHANIE A. MYERS, Plaintitf ROBERT M. MYERS, SR., Detendant PBTITION FOR BXCLUSIVB P08SESSION AND NOW, comes Petitioner, Stephanie A. Myers, by and through her counsel of record, Bradley L. Grittie, Esquire, and petitions the Court as tollows: 1. Your petitioner is Stephanie A. Myers, an adult individual currently residing at 239 Bobcat Road, Carlisle, Cumberland county, Pennsylvania. 2. Your Respondent is Robert M. Myers, Sr., an adult individual currently residing at 239 Bobcat Road, Carlisle, Cumberland County, Pennsylvania. J. The parties are the same parties in the above captioned divorce action which has been initiated contemporaneously with the filing of this Petition for Exclusive Possession. 4. The parties have resided at 239 Bobcat Road, Carlisle, CUmberland County, pennsyl vania, since approximately August 5, 1994. 5. The parties are the natural parents of two children, namely, Natasha L. Myers, born 8/4/87, and Robert M. Myers, Jr., born 1/20/91. 6. The Defendant is presently employed at Central Pennsylvania Truck Service at a rate of $12.75 per hour and routinely works in excess of 42 hours per week. 7. At the time of filing of this Petition, the Petitioner is unemployed. 8. The Petitioner has been, and continues to be, the primary custodian of the parties' children. 9. The parties have encountered marital diffioulties which have become extreme over the past several months. 10. In late october, 1994, the parties discussed a trial separation in which the Respondent agreed he would vacate the marital residence at 239 Bobcat Road, Carlisle, Cumberland county, Pennsylvania, on November 30, 1994. 11. In mid-November, 1994, the Respondent advised the Petitioner that under no circumstances would he move from the marital residence and under no circumstances would the police, the sheriff's department, deputy sheriff or any other police authority remove him from his residence at 239 Bobcat Road. 12. Within one week of making the aforementioned statements to the Petitioner, the Respondent purchased a 22 magnum semi- automatic rifle, a 300 Remington rifle, a 7600 BDL 30.6 and a semi-automatic pistOl. 13. The four weapons that were purchased within the last several weeks are in addition to a 30/30 and a 12 guage shotgun already in the Respondent's possession. 14. In the past, the Respondent has held a shotgun to his head and advised Petitioner that "it's going to be you or me", indicating he was going to commit suicide or would kill the Petitioner. 15. The Respondent has made other threatening actions and comments which causes the Petitioner to be in fear for her safety and of her minor children. 16. In the past, the Respondent has threatened and attempted to rape the petitioner, which the Petitioner was able to stop through physical confrontation. 17. The Respondent has been verbally abusive to the Peti tioner and her chi ldren and, in particular, has been seriously verbally abusive toward the parties' seven (7) year old daughter by downgrading and denigrating her on many occasions. 18. The Respondent has permitted the children and, in particular, the parties' seven (7) year old daughter, to be exposed to X-rated videos, contrary to the Petitioner's desire. 19. The Petitioner has been consuming alcohol to the point of becoming intoxicated and has been smoking marijuana to the point of intoxication. 20. During the periods that the Respondent has become intoxicated or is "high" on marijuana, he has become enraged, waking the children in the middle of the night and otherwise causing the Petitioner and her children to be in fear for their safety and welfare. 21. The Respondent has refused to provide financially for the parties' family, including refusal to pay for rent, utilities and other necessaries of the family. 22. The Respondent reoently closed the parties' joint checking account without notico to the Petitioner, causing the petitioner to have several checks that were returned for insufficient funda. 23. The Respondent hlis previously advised the Petitioner that he was seeing to the payment of the car payments for the vehicle that the Petitioner operates, only to have the petitioner be made aware that the oar is now in a position to be repossessed because the Respondent was not making the payments he had olaimed. 24. The parties' seven (7) year old daughter is in oounseling, which originally resulted from the experience of the parties' home being destroyed by fire in April 1993. 25. The counselor for the seven (7) year old daughter has recommended and urged the Petitioner that she make arrangements for the ohild to remain at the residence at 239 Bobcat Road in the event that the parties herein would separate due to the emotional attachment the child has begun to develop and due to other problems the child has expressed through her counseling. 26. The Respondent has now failed and refused to remove himself from the marital residence. 27. Removing the Respondent from the marital residence would not be a hardship upon him as he has already indioated his ability to secure other residence and as his income would oertainly allow him to secure another residence. 28. The Respondent haR relatives in the area that would allow him to reside with them, at least on a temporary basis. 29. The Petitioner, upon the prior promise of the Respondent of his intentions to vacate the marital residence, has made arrangements for Petitioner's mother to move into that residence. 30. The Petitioner's mother, during the month of November, has moved from her prior residence to the residence to remain with the Petitioner and her children. 31. The Petitioner is fearful for her own well-being and for the well-being of her children should they remain in the residence with the Respondent. WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing her with exclusive possession of the parties' marital residence at 239 Bobcat Road, carlisle, Cumberland County, Pennsylvania, on a temporary basis and to enter an Order confirming that the residence shall remain in the exclusive possession of the Petitioner following a hearing on this matter. Respectfully submitted, GRIFFIE & ASSOCIATES re ~',r :l.\ DEe 20 2 57 PH '9~ i , ! :,1 ,: ~ i I,::: III :, ':/Q'hi,\f,y CI1"':,',ff, . .'i,' f~--",'i ry fifth;.,: I ',1./, ',\ '. ~ I ;. , .' .' , r-' (. ",' ~! r.c "';, .~ : , -..... I,' . . r' ( ~ \ I I . ,. . , . ,I ~ .' ," II .-",-- I . .. ~,':. t .~ . STEPHANIE A. MYERS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT M. MYERS, SR., Defendant 1994 - IN CUSTODY CIVIL TERM COMPLAINT FOR CUSTODY 1. Plaintiff is Stephanie A. Myers, an adult individual ourrently residing at 239 Boboat Road, Carlisle, Cumberland County, Pennsylvania. Plaintiff intends to vaoate this residenoe temporarily upon the filing of this Complaint to avoid abuse from Defendant. 2. Defendant is Robert M. Myers, sr., an adult individual ourrently residing at 239 Boboat Road, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff is the natural mother of the ohildren, Natasha L. Myers, born 8/4/87, and Robert M. Myers, Jr., born 1/20/91; The children were not born out of wedlock. For the past five years, the children have resided with the following persons at the following addresses for the following periods of time. twn:; ADDRESS .l2An: 239 Boboat Road Aug. 4, 1994 - carlisle, PA Present 70 E. Main Street Apr. 5, 1993 Plainfield, PA to Aug. 4, 1994 Stephanie A. Myers Robert M. Myers, Sr. Stephanie A. Myers Robert M. Myers, Sr. Merle Myers Marlene Myers Bonnie Myers