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HomeMy WebLinkAbout00-02465 ~ -.' .." " .'" .', ." . .".'-,,,--.. """''''.' "<'-',"', "'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANDREA ECKENRODE, Plaintiff v. NO. b1J _ ::L 'It, s' ~ T,u-- . . TOMMY CRUM. Defendant : IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that t e .!> rties and their respective counsel appear bore L-t . c. . tiS' , the Conciliator, at +. '1''' 0 I on the ,Q~I'\J day of ~1"-. , 2000, at G\1,'X::l L.m., for a Pre-Hearing Custod Conference. At such Conference, an effort w~ll 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. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: fj ,! I J/t.t- .r r:;:~ 15r Custody Conciliator d ~~ 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 i i rl " fJ " Ii /, ii , AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the office set forth above. 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. !il ~ ,-, ~-- -"-'-"-""iiIIi.~- "o'~t("-'fj'~--'-'i' ','-,-. nil flt"'I"l _ ".. [I.'''''''' ~.~ .J i" ( :j ;~ / _; f t~l. ,... ,,~ r,,/ d;l' :"I~ GUfi!;'!:;._'" ~"~~,~~r-:Lj ('I "I I\rr,' r'r~i'VN':VL" .,-';"';'-'1;;/ / ...., -I), ~',--\Nf/\ . tl;)~ ,cr) ad, t~ ~ -t; "-, 5 ' Lf'd5 .Ct) ~ ~ ~ ~u.. If.;)$.Oti tJn. ~ ~ jI~~ fA . , ~ ,- ,~~ ",. .~ I ;.1>,~ffl~J~~,P"lJ__ '" .""#~I4l!~ ~~~~tJ~ 0""' .-,-,. - '~,,-; '."_-"i:_'_ -~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANDREA ECKENRODE, Plaintiff . . . . v. . . NO. ~. 2 VI" 5 ~7p- TOMMY CROM, Defendant IN CUSTODY COMPLAINT FOR CUSTODY ~ . AND NOW, this f q day of ~ Plaintiff, ANDREA ECKENRODE, by and through her attorney, Maryann , 2000, comes the Murphy, Esquire, of Legal Services, Inc., and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is ANDREA ECKENRODE whose mailing address is P.O. Box 1016, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is TOMMY CROM whose current address is 903 Sandbank Road, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. The Plaintiff seeks primary physical custody of the following child: DEVIN CROM, born January 17, 1999 4. The child was born out of wedlock. 5. Plaintiff currently resides with a friend and that -" - .-,,,,., ". """'"' friend's two minor children. 6. Defendant currently resides with a friend and the minor child. 7. During the lifetime of the child, he has resided at the following addresses with the following persons: Time Address with Whom birth-10/99 986 Carlisle, Road Biglerville, PA Plaintiff/Plaintiff's mother 10/99-3/00 903 Sandbank Road Plaintiff/Defendant Mt. Holly Springs, PA 903 Sandbank Road Defendant/Defendant's Mt. Holly springs, PA friend 3/00-present 8. The father of the child is TOMMY CROM. He is single. 9. The mother of the child is ANDREA ECKENRODE. She is single. 10. Plaintiff has not participated as a party or witness or in any other capacity, in other litigation concerning the custody of the child in this or any other Court, except as set forth above. 11. The Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or in any other State. 12. The 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. 13. Each parent whose parental rights to the child have not been terminated, and the persons who have physical custody of the child, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 14. The best interest and permanent welfare of the minor child will be served by granting Plaintiff primary physical custody of DEVIN. WHEREFORE, Plaintiff requests this Honorable Court to grant her primary physical custody of the minor child. Respectfully submitted, Maryan Murphy, Legal Services, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 LD. # 61900 Attorney for plaintiff _H L -J_,' , Ce__.' , VERIFICATION I, ANDREA ECKENRODE, verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. &fO\Ue J[;BhAaaf29- ANDREA ECKENRODE "-I'~ -,. ): i ii ii I' ! Ii I' !: I " ~ '> ~, ~ "0 ~ ,",;. , ;~- --; '.c; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANDREA ECKENRODE, . . Plaintiff : . . V. . NO. . TOMMY CRUM, Defendant . IN CUSTODY . CERTIFICATE OF SERVICE I, Maryann MurptJ,y, Esquire, do hereby certify that on the ~~~ day of ~~ , 2000 I served a true and correct copy of the foregoing Complaint in Custody on the Defendant, TOMMY CRUM at the address set forth below, by placing a copy of same in the United States Mail, postage prepaid, certified/restricted delivery. TOIlUUY Crum 903 Sandbank Road Mt. Holly Springs, PA 17065 Maryann Murphy, Legal Services, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 LD. # 61900 JI!lL ~~lirll!l'iiI!;\iI~~~'- .,.L ~rl_ .-' ,) _~l,L ~__ _ .-.)~ ~ ~,~,- -,", ~ 1lLIi!I1~iI1!l~IOi-~""""~~ 1.11__ -;, ~ ~~tt; '~;.' r (/5:-:'-. ~,-, ~~~!I -'.r ---,'0 --.; -< 'ulii ,-" . ",,~,. \..0 ".-j ~:::;~ h.:, , , _.'::{ ~lJ -< c . "-" -'-"~ , - .~-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW ANDREA ECKENRODE, Plaintiff : NO. (j-tJ-~'f(,;jCt;;'J 1-,- v. : IN CUSTODY TOMMY CRUM, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, ANDREA ECKENRODE, Plaintiff, to proceed in forma pauoeris. I, Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding in forma pauoeris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ~~~}~~ Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 LD. # 61900 Attorney for Plaintiff --. ~ "-' ~;--"'-- - -.",d . "~ '"L"; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANDREA ECKENRODE, Plaintiff : NO. OV. .2 L/ V ) ~ Ct;,J --c.....- v. : IN CUSTODY TOMMY CRUM, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am ANDREA ECKENRODE, Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: ANDREA ECKENRODE Address: 325 Farmington Drive, Shiooensburg, PA 17257 Social Security Number: 177-60-1492 If you are presently employed, state Employer: Pharo's Truck Stio Address: Hershev Drive. Shiooensburg, PA 17257 Salary or wages per month: $520.00 Type of work: Waitress - -" If you are presently unemployed, state N/A Date oflast employment: N/A Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0- Interest: -0- Dividends: -0- Pension and annuities: -0- Social Security benefits: -0- Support payments: -0- Disability payments: -0- Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: -0- Other: -0- (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: N/A ," ". '=-' -, ' , . ^~, " -~ . " ,~_,""",,, n, ,. Salary or wages per month: N/A Type of work: N/ A Contributions from children: -0- (e) Property owned Cash: $20.00 Checking Account: -0- Savings Account: $20.00 Certificates of Deposit: -0- Real Estate (including home): -0- Motor vehicle: Make Plymouth Station Wagon Year 1989 Cost $85.00 Amount owed -0- Stocks; bonds: -0- Other: -0- (f) Debts and obligations , i-. Mortgage: -0- Rent: $22.00 Loans: -0- Monthly Expenses: $300.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A ~- -~ w-, ,-.-'.< ~ --,~ . Children, if any: Name: Devin Age: 1 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date:L\- 'Pt-(X) i~ ANDREA ECKENRODE -"'"''-''' ~i , I I I'; " , ! I , I ( ~~ ~ .J......~~r :-- pr~-,~" "-~, ",""t" ._L)_" li1WkYMi"-< -. i'ljlliit.\jl.M~i!JI!~~ -~.~-.. .-'." ~^' ~ ..,,;.:.'< 0;('-- "'-< U. ~._. ....,- '--' tIb? ~' C; "-' ~"'" .. ,-, .~ c "". ....-., ~" '..j- \"(":; ",' L" '-- ) ;'j-,-:! ::::) -~ :::;, f ,,) ., " ~. ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA CIVIL ACTION - LAW ANDREA ECKENRODE, Plaintiff No.00-2465 Civil Term v. TOMMY CRUM, Defendant IN CUSTODY INTERIM ORDER OF COURT AND NOW, this S~ay of ~ ~pon agreement of the parties and their respective counsel, IT IS HEREBY ORDERED AND DECREED that custody ofthe minor child, DEVIN CRUM, born January 17, 1999, pending the Custody Conciliation scheduled for June 22, 2000, shall be as follows: 1. The parties shall share legal custody of the minor child. 2. The parties shall share physical custody of the minor child on an alternating weekly basis. MOTHER shall have the child from April 26, 2000 until May 3, 2000; F ATHER shall have the child from May 3, 2000 until May 10, 2000. The parties shall continue to alternate weeks thereafter. 3. Both parties shall keep each other advised of their current phone numbers for contact. 4. If MOTHER is working during her period of custody, FATHER shall have the "right of first refusal" to care for the minor child during MOTHER's work hours only. MOTHER's work hours are from 3 :00 p.m. until 11 :00 p.m., and she shall pick up the child directly after work if ~.~ . "," Jr, i ! ! 1" ~ I,: !l ~7i;ED'UriCE OF Ti';""I~)'j'l'wn'IO. ~1'A"'y "<c. , ) I\';{, l;Jf\; I"Ul 00 "MY -3 PN 3: 17 C' nr"-,-,, ," '" r'{"I' TY U'JidJI::;f1LJ;I'JLJ f.........:JN PENNSYLW\IIJL~, " ~ ,. i__e,,,:," ~,,",~1;iJ =~" ~ " "'0-' " ~ T~~""",~ '0- --''<''. ,'.",..". '~--l i'}':' Jr ~~_"_,,~.JJ:rj ~ll!~ . <'-, -.--., m__ .. F ATHER exercises his "right of first refusal". IfF ATHER is working during his period of custody, MOTHER shall have the "right of first refusal" to care for the minor child during FATHER's work hours only. F ATHER's work hours are from 7 :00 a.m. until 3 :00 p.m. If MOTHER exercises her "right of first refusal" while F ATHER is without transportation, she shall take the child to FATHER's home before she leaves for work and FATHER will ensure that there is someone at his home to care for the child until he returns from work. When F ATHER has transportation, he shall pick up the child directly after work. 5. This Order shall remain in full force and effect until further Order of Court. BY THE COURT: 1. Distribution: James J. Kayer, Esquire, counsel for Defendant - 11 . i /... S. Maryann Murphy, Esquire, counsel for Plaintiff '-YU-" u, ... - ''''' ,_ -~. 0 -,"", , .;, .,;' ',.:_"'_ ,,-,,,,,, '..c, ".,.-,'" ~' ,-,-OJ.__ -; '"' ,,' ~"_~ " JUN 2 9 2000 ':P ANDREA D. ECKENRODE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW v TOMMY A. CRUM, Defendant NO. 2000 - 2465 CNIL IN CUSTODY COURT ORDER AND NOW, this ~ day of ~~~ 2000, upon Conciliation Report, it is ordered and directed as follows: consideration of the attached Custody 1. This Court's prior Order of May 3, 2000 is vacated. 2. The Mother, Andrea D. Eckenrode, and the Father, Tommy A. Crwn, shall enjoy shared legal custody of Devin M. Crwn, bomJanuary 17, 1999. 3. The Father shall enjoy primary physical custody of the minor child. 4. The Mother shall enjoy periods of physical custody with the minor child as follows: A. During the summer of 2000, Mother shall have custody on June 22nd through the following Wednesday. Additionally, when she is in the Carlisle area and advises Father in advance, Mother shall have custody during the summer months at all times she is in the Carlisle area. In the following summers, Mother shall have physical custody during the entire summer from the second week in June until the third week in August. During that time, Father may exercise temporary custody with the minor child by visiting the child in Virginia or by spending a weekend with the child at times mutually agreed with the Father to handle all transportation. B. Mother shall have custody every Thanksgiving holiday from Thursday morning on Thanksgiving through Sunday evening. C. Until such time as the minor child starts school, at which time the parties will need to negotiate a different schedule, Mother shall have custody over the Christmas holiday from December 26th through January 7th. D. When Mother is in the Carlisle area during the school year and gives Father advanced notice, Mother shall be entitled to exercise physical custody with the minor child when she is in Carlisle. ~ ~ - ~ . '-. ,-- ,- -~' . J'" :. Ii Ii ~ '; , ,1 ,~. 0< E. When the Father is in the Virginia area where Mother resides and Father gives Mother advance notice that he will be in that area, Father shall be entitled to exercise custody with the minor child during those times. "" I:; $ " , "' ~ , " F. Mother shall also have custody of the minor child every Easter holiday from Thursday moming until Sunday evening. ~- ~ [' , r e i: , g ~i ~ ~ r; i I ~ I I t, G. The parties may modifY this Order as they agree. Absent any agreement between the parties, the parents must follow this Custody Order. In the event either parent desires to modifY this Order, that parent may petition the Court to have the case again scheduled before the Custody Conciliator for a Conference. H. The Maternal Grandmother, who resides in Gardners near the child, shall enjoy custody with the minor child on alternating weekends pursuant to a schedule arranged betweetl_ at andmother and the Father. J. Edgar B. Bayley cc: Maryann Murphy, Esquire James Kayer, Esquire ~ J .,' '~. - ." ~ ~_. ~, -',,-~-,'~~-'c,'_, .""i'0 U-,l ~:11 Fr\,.("'~:r:~:"~ n- . ".._;~~/,~~\_j,~';:'.1(-':T^RY \,,)~ ; .' .,' I' .'.';\\) t\l 00 JUt ,,3 Pi, 2: 20 CUM8ERUNJ COUNTY PENNSYLVANIA ~w -~. ,.} - - ~- . .; _,n_ "".~-'.J-'"'' ;"','"o..~".,p-" .~..- ~~""","_C,^",," ~"'" 'e>'ij 1\ II ~~ 1 ,~ , i ~ , - ANDREA D. ECKENRODE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TOMMY A. CRUM, Defendant NO. 2000 - 2465 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Devin M. Crum, born January 17, 1999. 2. A Conciliation Conference was held on June 22, 2000, with the following individuals in attendance: The Mother, Andrea D. Eckenrode, with her counsel, Maryann Murphy, Esquire; and the Father, Tommy A. Crum, with his counsel, James Kayer, Esquire. 3. The parties agree to the entry of an order in the form as attached. v~>/oo DA f , ANDREA D. ECKENRODE PLAINTIFF V. TOMMY A. CRUM DEFENDANT IN lliE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2465 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 27TH day of OCTOBER , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 8TH day of DECEMBER, 2000, at -.2;30 A.M 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. FOR TIIE COURT, By: Isl Hubert X. GilrQY. Esq.ff; Custody Conciliator 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 HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORlli BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -'~"'""'-'-> I I i I i I I I I I I ~ '> ,'- ,,~ -' , ,'c" ",~ ',1""- "~' ,'J'","C__c,'" of' ,.0.' rali('-L:t:il"-'-"(l ir[f>'l~ RL'~[' 'l"ClI'E LJ-L..t'hv OF Ti!~ rO;y!f,j"I'I'lT,'^"Y >. '". :, 1~',1 ,\...I'1l"U t\f1 00 Dei 30 PM 2: 5! CUMBERLAND COUNTY PENNSYLVANIA /tldeJ. aJ M. ~ 44~ ~ ~ /O~]t1.CJo ~ ~~. y' ~ _ J -''''',- r '11' I .~~~!S!~,~ _0_" "M__"_,,,~lI1 ~ ~'!Jl'I'I'!JI!IlI!lI'Il~I!IlIlflIl\"' ~,m 1/:1 '_ ~~""""','~ _,~ ^U~~!ll"!"1liII~~"liE'~~!WJ'!"l~I~ _, _ 1l!\iW!1I!'II'!R!'!I!i1'l'lll/R,._~~_"1l~~11~,, "" ~.!!jj -, c_"--' <__,k~__ ,".c-, ,_~_,_ _" ,._ "_ c - ,,,--" "C_- "~-o....,;-.:-~; .~r" _ ":'. ~. ~~ " _ c' _" ,~_.,_, _ _' __~,.':_.',--_,::': :;;:~/ ANDREA D. ECKENRODE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION--LA W TOMMY A. CRUM, Defendant : NO. 2000-2465 CIVIL : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of , 2000, at .m., 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 defme 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. BY THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 .- >" "-~ ,-,'r' ,co, " ,'" --t&- ~_ -"., - . _",k" ~" ~'.; $ ,--,~-- ",-~--"" ',~"- "?,,,-', ",- 'I,j [1 I i ~I I A,,{DREA D. ECKENRODE, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION--LA W TOljiMY A. CRUM, . Defendant : NO. 2000-2465 CNIL : IN CUSTODY PETITION FOR MODIFICATION OF A CURTODY ORDER AND NOW, comes Andrea D. Eckenrode, by and through her attorney, Dirk E. Berry, Esquire, and respectfully avers the following: 1. The petition of Andrea D. Eckenrode respectfully represents that on July 3, 2000 an .~ Ord;,:r of Court was entered for partial custody and visitation, a true and correct copy of which is attached hereto. 2. This Order should be modified because: , I II i [ a. Petitioner, who had previously resided in Virginia, has returned to Pennsylvania and now resides with her mother, Rose Eckenrode at 644 Peach Glen-IdaviIle Road, Gardners, P A 17324; b. Petitioner has obtained employment at Knouse Foods in Peach Glen, P A and is, in fact, establishing permanent residence and domicile in Gardners, PA; c. The previous Court Order no longer applies because it provided for a custody and visitation schedule based on the parents living in two different states; d. Additionally, Father has violated the terms of the current Custody Order on several occasions; e. It has come to the attention of Petitioner that Father continues in an habitual pattern of drunken excess on weekends; f. Father, although designated as primary physical custodian, does not personally provide care to Devin consistent with his designation as primary physical custodian; and .__c , .' ,,:_~,_;: " ~, "' -"'__' ~ ~ ,:' .-J',;,,-.----qj '_''i',,,-,c:.-_L';__oo ,.",-,,, ,-,.-' .""",-"--~,-" _V'~~' ", \\ II \ , I ! i i I i , , \ 1\ g. Mother is now available to provide Devin with a parent who will fulfill the duties and responsibilities of a primary custodial parent. WHEREFORE, Petitioner, Andrea D. Eckemode, respectfully requests this Court modifY the existing Court Order for partial custody and visitation and award Andrea D. Eckemode PrL7T'ary physical custody of Devin M. Crum because it will be in the best interest of the child. Respectfully submitted, ~9 Dir"k E. Berry, Esquire Attorney for Petitioner Law Office of James K. Jones, Esquire 7 Irvine Row Carlisle, PAl 70 I3 (717) 240-0296 I \ '" """ , I II ~ !, Ii ~ ,-' ,-;" '" -"'--~'- - ': -, : -"- - :"" ,': ,- -,'::~ '-' - .. -, ",-,:'- ", ' --"/~,, -'M- '.;.--,' ;;,'~- ,,","" 'w.- <"" .",i,-,;.;;."-}:1_-,,--,,,,'-,~:,~;"--,": I verify that the statements made in this Complaint are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g4904, relating to unsworn falsification to authorities. Date: \()- d-"\-aO jJ0vfQ.eg De~ Andrea D. Eckenrode - '- _:~:;::~j~i ~!, I[ " " ~' I l'~ [I: I ~" F \' I~; r i: t' r ii 'I, I' r Ii' !,i k , , I ~' \~ i' f I f I i:: , '.' ".=--,^'".' --- ~ - '"'m- ., " - - ,.' ,'-' ",-;c.' '"',,,,_,-,,- ~-c '-,"~<__~.';~. <-)/f1~ ANDREA D. ECKENRODE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION--LA W TOMMY A. CRUM, Defendant : NO. 2000-2465 CIVIL : IN CUSTODY CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day the Petition for Modification ?f a Custody Order was served by first-class mail upon the following persons: ) James J. Kayer, Esquire Kayer and Brown 4 E. Liberty Ave. Carlisle, P A 17013 Date: (0 -25"-00 @/-" Dirk E. Berry, Esquire Attorney for Petitioner Law Office of James K. Jones, Esquire 7 Irvine Row Carlisle, P A 17013 (717) 240-0296 JUN 2 9 2000k? ANDREA D. ECKENRODE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TOMMY A. CRUM, Defendant NO. 2000 - 2465 CIVIL IN CUSTODY COURT ORDER AND NO'\!, this 3cd._ day of rl~o()o, upon Conciliation Report, it is ordered and directed as follows: con.:lideratlon of the attached Cusi-ody I. This Court's prior Order of May 3, 2000 is vacated. 2. The Mother, Andrea D. Eckenrode, and the Father, Tommy A. Crum, shall enjoy shared legal custody of Devin M. Crum, bom January 17, 1999. 3. The Father shall enjoy primary physical custody of the minor child. 4. The Mother shall enjoy periods of physical custody with the minor child as follows: A. During the summer of 2000, Mother shall have custody on June 22nd through the following Wednesday. Additionally, when she is in the Carlisle area and advises Father in advance, Mother shall have custody during the summer months at all times she is in the Carlisle area. In the following summers, Mother shall have physical custody during the entire summer from the second week in June until the third week in August. During that time, Father may exercise temporary custody with the minor child by visiting the child in Virginia or by spending a weekend with the child at times mutually agreed with the Father to handle all transportation. B. Mother shall have custody every Thanksgiving holiday from Thursday moming on Thanksgiving through Sunday evening. C. Until such time as the minor child starts school, at which time the parties will need to negotiate a different schedule, Mother shall have custody over the Christmas holiday from December 26th through January 7th. D. When Mother is in the Carlisle area during the school year and gives Father advanced notice, Mother shall be entitled to exercise physical custody with the minor child when she is in Carlisle. - cc: ii'~- : ,,! "I 'I :1 ~ ~ ,1 ~ i il E. When the Father is in the Virginia area where Mother resides and Father gives Mother advance notice that he will be in that area, Father shall be entitled to exercise custody with the minor child during those times. il 'I :1 :1 II I II II ;1 II t-I U n II 'I 'I ~. I :\ '! ;1 'I \i II II 1 I. F. Mother shall also have custody of the minor child every Easter holiday from Thursday morning until Sunday evening. G. The parties may modifY this Order as they agree. Absent any agreement between the parties, the parents must follow this Custody Order. In the event either parent desires to modify this Order, that parent may petition the Court to have the case again scheduled before the Custody Conciliator for a Conference. H. The Maternal Grandmother, who resides in Gardners near the child, shall enjoy custody with the minor child on alternating weekends pursuant to a schedule arranged between the Maternal Grandmother and the Father. BY THE COURT, J. Maryann Murphy, Esquire James Kayer, Esquire "f'--'-""I) t'" C" . ~ t(!ut ,,,,{)f-V fRO},,1 ~~'fCC'RD ~n "1 ~',('.fimr- '''Y I 'hr ...... f I ' -. ' . , ~ ~'-'" 01' "'Ii It'! ~;!) I n61;e L'nro sel my hllnd and the seal of sai I (curt at Carlisier PeL. ,Th, " ...:5.. Y ~t&~..., f/Jt.. 10.. . ..1.... ... ... rothonotary ~ - .~,' .....:l/ii! - ANDREA D. ECKENRODE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TOMMY A. CRUM, Defendant NO. 2000- 2465 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3~8(b), the undersigned Custody Conciliator submits t~e'fol1ovving rcp?rt: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Devin M. Crum, born January 17, 1999. 2. A Conciliation Conference was held on June 22, 2000, with the following individuals in attendance: The Mother, Andrea D. Eckenrode, with her counsel, Maryann Murphy, Esquire; and the Father, Tommy A. Crum, with his counsel, James Kayer, Esquire. 3. The parties agree to the entry of an order in the form as attached. ~R>loo DA E f Hubert X. Gilro, squire Custody Con~ator ;.""",,.~...I, "~a~llilfj;j~~1!!J:i~~.l!1ID;I>ii'W4'''~bl~~~''''''''''''- M"~. . . -~ ~- -~, IiilIii .~~ """Ii -r1;-~. n"';(- ~;::.- 6;L- ~( ~"('--' .-1-> ~.:;:~ ~~ -'"1 -< o c ;;;:-;;: ~,,' o ''-J ..'--1 f'...) C. :c:) .~ . ".-~ " ltiIl..'Hh,j ~ ~ i DEe 1 2 200aVJ L' i-: ANDREA D. ECKENRODE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TOMMY A. CRUM, Defendant NO. 00 - 2465 CIVIL IN CUSTODY COURT ORDER AND NOW, this ,j1I day of December, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No.2 of the Cumberland County Courthouse on the Bf!t day of 4 .,jMHA"'~ ' 2001, at 3";1./<; , 11.M. at which time testimony will be taken in the abo e case. At this hearing, the Mother, Andrea D. Eckenrode, sha11 be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, a list of witnesses that will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further of this Court, the Custody Order of July 3, 2000 is vacated and replaced with the following custody order: A. The Mother, Andrea D. Eckenrode, and the Father, Tommy A. Crurn, shall enjoy shared legal custody of Devin M. Crurn, born January 17, 1999. B. The Father shall enjoy primary physical custody of the minor child. C. The Mother shall enjoy periods of temporary physical custody of the minor child on alternating weekends from Friday at 4:00 p.m. until Sunday at 4:00 p.m. and at such other times as agreed upon by the parties. D. For the Christmas holiday, Father shall have the minor child on Christmas Eve and Christmas Day. Mother shall pick up the minor child for custody on December 26th at 9:30 a.m. and return the minortchild to the Father on December 31 st at approximately 4:00 p.m. - 0"," "--,c 'k" , E. On the minor child's birthday, Mother shall have custody from approximately 4:00 p.m. until the following morning at which time she shall return the minor child to the Father at such time as agreed upon by the parties. Dirk E. Berry, Esquire James J. Kayer, Esquire J. cc: t.~ /2-/3-06 RK5 , < .< ;,;-,' 0_' ^". F1E'D---Ol:F1CE "f ", ,~ '. r''''''T^'''''( u' :-":~. 'i~;'J.:'{d ,'I1 rwu m:c I ') P,i '"': C' I y .."~ _, i I ..,.1 ;J ~ ~U' ....-.." .' ", ('i-lU'rrv L; IViUtHLPj""iu v__ l'IIi i PENNSYLVANIA h"_M"" ,W'"",,~_ '''''~~'''''-' ~;~ ~ - ~ ~'- - -. -~- "-, -''''',--,,,-, "...<;,-";' , 1<..'1 ANDREA D. ECKENRODE, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TOMMY A. CRUM, Defendant NO. 00 - 2465 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: DevinM. Crum, born January 17,1999. 2. A Conciliation Conference was held on December 8, 2000, with the following individuals in attendance: The Mother, Andrea D. Eckenrode, with her counsel, Dirk E. Berry, Esquire; and the Father, Tommy A. Crum, with his counsel, James 1. Kayer, Esquire. 3. Mother is seeking primary physical custody of the minor child. The parties are unable to reach an agreement on which parent shall have primary physical custody. They have reached an agreement on a temporary order pending a hearing, and that agreement will be incorporated into the proposed Order. However, a hearing is necessary at this particular time. The parties will make an effort to resolve the issue in advance of the hearing. The Conciliator recommends the entry of an order in the form as attached. ~ DATE ul/tJ Hubert X. Gilroy, E Custody Conciliato . \'\;DREA D. ECKENRODE Plaintiff v. !': 'ViM'" A. CRUM Defendant c,_,g _:~__:"".=_~ .>'.'",_< ..~.~ _ .;.,"'"" ''',.., "~ ,,,,--',:-':': ~ ,c- _0_",-,'0, _ ~_~'_ r.',,~ -c ~1 ~' \; r [: " h " : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA I , ii h I: i r: , I-~ Ii fj ~ ~ I; I' !' o j; j I I , " [ ! I : NO. 00-2465 CIVIL : CIVIL ACTION--LA W : IN CUSTODY ORDER AND NOW, this I!:>.J-aay of --r ~ ,j' thP. within Request for Continuance, and all other matters ~~~ "f"'-"~ANCE ~6 .. ~ da:7r _ ~~ C0MJ -~ 7w- 0~~' - ':,;,m:i, 1. Kayer, Esquire -['Hney for Respondent/Defendant ! r:. Liberty Ave. ::.di...;e, PA 17013 : ';'. E Berry, Esquire j II ;,;rnp.y for PetitionerlPlaintiff Law Office of James K. Jones, Esquire ; ,Irvine Row '>1' d,;, PA 17013 , 2001, upon consideration f record, Petitioner's request for '-J..., _ ~ VIA) ~ q , YU.( the 1. , ~': t " ~~"o ,..v ". H"""~' , -', -c_' . ,~--""-'< - . -, ,,-~-"- ,?-- '-', - . _'>_ " _ m~ ,~ n::: ;:;t.E.D-(j\:F1CE r,y;r.:r>',lOTARY I .' ,I I;\... ) ~ -. '1, 01 FEB-5 fi.lill:21 CUM8l:RLAND COUNlY PENNSYLVANIA ,.",_T~I_li,~_, n ",,_~lfU JQ!Q! , '.~'_rlll'9'!l "--"',--' -~.'- , - -- , ';"~-- ' _',:,,_-~_c 0... ""', '~__,_O' --"'t _. -_>~ , ,~ "",,;;:.-. ,-,~~-':,:- --'-.. ,--'~':- ~ 1j l' I i' ;; i; ii. I' '\.N:;::;:EA D. ECKENRODE Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA I) ii " !j Ii " I; v. : NO. 00-2465 CIVIL : CIVIL ACTION--LA W TO?:if,;Y A. CRUM Defendant : IN CUSTODY . I'. ii 11 Ii [; I' i ,i ii REQUEST FOR CONTINUANCE ,\ND NOW, comes Petitioner, Andrea D. Eckenrode, by and through her attorney, Dirk Belly, Esquire, and respectfully avers the following: '.,j." " 1. The Conciliation Conference was held in the above captioned matter on December 8, :;(IQ,,~foreConciliator Hubert X. Gilroy, Esquire. 2. A hearing in the above captioned matter is scheduled for February 8, 2001 before the i'.",(c",ble Edgar B. Bayley. 3. Subsequent to the Conciliation Conference, the parents have reached a tentative 1'grej!;lJent and have expressed the desire to enter into a stipulated agreement regarding the \l1~"lc,d5' of their son, Devon M. Crum, born January 17, 1999. ',. Accordingly, the mother, Andrea D. Eckenrode, desires a continuance for the hearing sf>that the parties may formalize the agreement they have reached between themselves. 5. The father, Tommy A. Crum, through his attorney, James J. Kayer, is in agreement with lhis request for a continuance. -"? '''-'''-'. i" ",', -, . ------"~'__"' -- ---;-,:,-.." " '<__ _,,__,,_i'" '~.'..'. I:' I' i. Respectfully submitted, M3 ~~ , F i l ~ f~ ! ! b l': ~ ;: ~ i 'I . V'HEREFORE, Petitioner, Andrea D. Eckenrode, respectfully requests this Honorable (:'11.;1. :''lant a continuance in the above captioned matter for the purpose of allowing the parties to f:smalize the agreement they have reached subsequent to the Conciliation Conference. ~ - ~ 0' I~ f I'~ -; ,j I! rj Dirk E. Berry, Esquire Attorney for Petitioner Law Office of James K. Jones, Esquire 7 Irvine Row Carlisle, P A 17013 (717) 240-0296 ) ~ -, .'" '._' '.' ;,,".'~_.- . . N>TDREA D. ECKENRODE Plaintiff v. TOMMY A. CRUM Defendant ',~ -. ,',.,;,,,, ,,",,-"-' ~","~',"~;-bo' -,,~,.~~ "',, ',. " _~"o'., ~ '-i.....- ~". : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2465 CIVIL : CIVIL ACTION--LA W : IN CUSTODY CERTTFICA TE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day the Request for Continuance was served by fIrst-class mail upon the following persons: ., ' James 1. Kayer, Esquire 4 E. Liberty Ave. Carlisle, PA 17013 Date ~-I- oj jO_~O ~ --- Dirk E. Berry, Esquire Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 ,~-.- \,;:~ ~j ! I,; I Ii i.'i Ii I! I] I.' i) I. ,I I; Ii , i I I~ r if i i: I I; :j [1 ~ " " I i .' '':;''''''. ~ ,- """ ',,"- <.'=l'..,'."_' _'"_'^ .,.,I,~ "_~".M',";~~' ~"'-'~il'""'" " '" ~- d. _ ~ . "," ,.-.p ".'. - -- . 0 0 0 C "1 $: ..." -OCr:< r1 ..,1 nlPi CJ I r::~ Z:;:3 I ,..-';'0 zr- i3~ (j))> -< ., ;<C; '-' ~~f'~ Po ~ ~~ Z. );C) r- d C b' z N eM =< _w (Jl -< .