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HomeMy WebLinkAbout01-2849 FX ~fu< TROY ECKENRODE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA v. :CIVIL ACTION LORETTA SHERIFF, Defendant :NO.01-2849 :IN CUSTODY ORDER OF COURT AND NOW, this _ day of ,2001, upon Consideration of Defendant' s Preliminary Objections, it is hereby Ordered: 1. Plaintiffs Complaint for Custody and Temporary Order is DISMISSED. 2. Defendant, Loretta 1. Sheriff is granted Physical and Legal custody of Kerstin N. Sheriff. J. AND NOW, this day of , 2001, upon consideration of the Defendant's Preliminary Objections, it is hereby ORDERED that the parties appear for a hearing on the day of ,2001, at o'clock M, in Courtroom Number J. Copies To: Jerry A. Weigle, Esquire Attorney for Plaintiff 126 East King Street Shippensburg, P A 17257 Paul B. Orr, Esquire Attorney for Defendant 50 East High Street Carlisle, P A 17013 ""'" "'" . "',-.' . I",' . , -~-" , , , o_..~ . . .. " ~. , . . ,'''' . .. " . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TROY A. ECKENRODE, Plaintiff CIVIL ACTION - LAW v. NO. 2001- ~1-{1 c,.U"{ T~ LORETTA L. SHERIFF, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2001, upon consicleration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of ,2001, at o'clock _' M., for a Pre-Hearing 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 in to a temporary order. All children 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. BY THE COURT, 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 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 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 Telephone Number 717-249-3166 WEIGL~, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 :'.;:g ~~ ~-<"" " " .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TROY A. ECKENRODE, Plaintiff CIVIL ACTION - LAW v. NO. 2001- ;;/ 't'I9 LORETTA L. SHERIFF, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Troy A. Eckemode, an adult individual, presently residing at 313 Walnut Dale Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania 17257. 2. The Defendant is Loretta L. Sheriff, an adult individual, presently residing at 204 Firehouse Road, Shippensburg, South Newton Township, Cumberland County, Pennsylvania 17257. 3. Plaintiff seeks custody of the following child: NAME Kerstin N. Sheriff PRESENT RESIDENCE 204 Firehouse Road Shippensburg, P A 17257 AGE 4 (born May 20, 1997) The child was born out of wedlock. The child is presently in the custody of Loretta L. Sheriff, who resides at 204 Firehouse Road, Shippensburg, Cumberland County, Pennsylvania 17257. Since birth, the child has resided with the following persons and at the following addresses: NAME Troy A. Eckemode Loretta L. Sheriff ADDRESS 313 Walnut Dale Road Southampton Township Cumberland County Shippensburg, P A 17257 DATE May 20, 1997 (birth) to February 26, 2001 Loretta L. Sheriff Arlene Sheriff, Grandmother Leroy Sheriff, Grandfather 204 Firehouse Road South Newton Township Cumberland County Shippensburg, P A 17257 February 26,2001 to Present WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW ~ 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397 l-~, ~"", ' ,- ~-"w.._~-, ., ,,'-: - -:."",, -~, ."- , "-',1,', - -,< " The mother of the child is Loretta L. Sheriff, currently residing at 204 Firehouse Road, Shippensburg, South Newton Township, Cumberland County, Pennsylvania 17257. She is single. The natural father of the child is Brian Evans who was last known to reside in Frederick, Maryland, but whose exact whereabouts are unlmown to the Plaintiff. 4. The relationship of Plaintiff to the child has been that of father since birth. The Plaintiff currently resides alone at 313 Walnut Dale Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania 17257. 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: NAME Kerstin M. Sheriff Arlene Sheriff Leroy Sheriff RELATIONSHIP Daughter Defendant's Mother Defendant's Father 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody ofthe 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. Plaintiff has been held out as father of the child in the Shippensburg community and has acted as father of the child since birth. 8. Plaintiff is the only father the child has known and has acted in the capacity of "in loco" since birth. 9. The Defendant has wrongfully excluded the Plaintiff from seeing the child since February 26, 2001. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because the parties currently do not have a regular schedule for the exercise of Plaintiffs rights of partial custody. WEIGLE, PERKINS & ASSOCIATES ~ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ,:Ii'. " 11. Each person 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: NAME None ADDRESS BASIS OF CLAIM WHEREFORE, Plaintiffrequests the Court to grant both legal and primary residential custody of the minor child to the Plaintiff. Or/ J A. Ie, Esquire Attorney for Plaintiff LD.#OI624 126 East King Street Shippensburg, P A 17257 Telephone 717-532-7388 By: WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397 'iF " '. . . VERIFICATION I verify that the statements made in the foregoing Complaint for Custody 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. Dated: 5~-(J1 t:- WEIGLE. PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ;'';,~ _""..r ." -"'-'. .., < -" .- J j TROY A. ECKENRODE PLAINTIFF V. LORETTA L. SHERIFF DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2849 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, May 18, 2001 , 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, Cumherland County Courthouse, Carlisle on Wednesday, June 13, 2001 at 9:30 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. The court hereby directs the parties to furnish auy and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Jacqueline M. Verney. Esq. /J 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 HA VB 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 :t2' '''".''''-^f'--j ,-,"' !,,' ' , . ~" ;~~~"'tlW~'I<..h;~"~~L_*,"~_;AjiB~bjj<fili;\i_"j":ti<m,r".I)ir;'9!-!l"d:'"'""","> ,_'_"_;"'~"~,,~':'!L,,"";Jill,ir~*',N;,,~ii=oJ,j~Iiii~li<"l*~~"'l\l!i,'~,,,*,'jl_"'~!ll""" .' ''''"''''t')' -? -~- ~ -" , no 'I \ "..' , i 0 \,~ I> " \ 0, ~;,n ,.., .. \ i,\1" \ c, ij \ ;. y \\'\ . (, COUN (\JtX\~';t:~;"~~<~~~J K~\~ w' \'H,Yw ~ ' 5-11'-cJ1 w- ~ ~ It al ~ I::Z~ ~~W# f'/f t::J1 ,5 :/ff t:7 / 1 "~~~,, .~~~ =~~'~~~I' ___~~,__,"'-,"',...,v~___'!J<'-'.!'<..,,,,,,",,'_'o_ ,e ~H''''_~' ,,~^_ '" ___,~_ _~"', ,= ~_, " __, e . , ~", ~~ ~ :--." F: \FILES\DA T AFILE\Macdoc.cur\130-pra.l/tde Created: 05121101 04:46:50 PM Revi,sed: 05/211(l~04:52:01 PM BETZI A. MORRISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2849 CIVIL ACTION - LAW GIANT FOOD STORES, INC. and FALK US PROPERTY INCOME FUND, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf ofthe Defendants Giant Food Stores, Inc. and Falk US Property Income Fund in the above matter. Issue a rule upon the Plaintiff to file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros. By G ge B. Faller, Jf., Ten East High Street Carlisle, P A 17013 (717) 243-3341 F WILLIAMS & OTTO Attorneys for Defendants Giant Food Stores, Inc. and Falk US Property Income Fund Dated: May 21, 2001 RULE AND NOW, this.l3 day of ~ ,2001, a Rule is issued upon the Plaintiff to file a Complaint within twenty (20) days from service hereof. (PI, . -r-; k t fr'v-.I{--.-----r-' Prothonotary Q 0 ,.~ = . 'I' . ~ ^ --.-'.','.-- r'^ o. ~~ " "~ J CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, P A 17013-3222 MARTS ON DEARDORFF WILLIAMS & OTTO ~- 't) y 'LIeM . T 'ciaD. Eckenroa Ten East High Street Carlisle, P A 17013 (717) 243-3341 Of//O~ Dated: May 21,2001 ""!""'. '. h .'"_ .:,,~."'.c_'.,~, .. -- - ", r~ _'h,~- - - - '."'~ >, I ] ~ f) ~ I. .' .. ._.... ....w ..... fJ_1. l!li""""". ~"! ~ ~-- ~ ~ .' .. """"1"""'" ,.,. " _mom .." 9 ~~ tB~ (,.I) _-;~ -.::.- -." r:::c ---:~~ ~~ -; """ "_I .-'~;:: f"~) co. jS~ . (::;. .::T: if"' ::D --< =,.~,,,, ,;""'#\*;i'<.?j',.~~'"'.~<f"n_"11,-;,1W1Fi~'!i'l;~::c.i'ffll'JI:3~]~~I1'l.:,\I!W~~~jWi"~~.,,_ ,~~5 II IN THE <:;OURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TROY A. ECKENRODE, Plaintiff CIVIL ACTION - LAW v. NO. 2001 -2849 LORETTA L. SHERIFF, Defendant IN CUSTODY AFFIDAVIT OF SERVICE I, the undersigned adult individual, having been duly sworn upon my oath, state that I did serve a true and attested copy of the attached Custody Complaint and Order of Court upon Loretta 1. Sheriff, the Defendant, by personally handing a copy of the Complaint in Custody to her, on the .9c..,~ day of Mo.y ,2001 at 11:>41 o'clock~.m. Dated: '2 b MAti 0 I 8,~ DONAL LAGLE, II Subscribed and sworn to before me the ~~igned Notary Public on thec:5(fr'day of ~ ,2001. ~fJ)dp Notarial Seal. ' Rhonda R. Wolford, Notary publ" ,hippen'burg Bora, Cumberland Counlj . MVCammisslon Expires Jan. 20,2005 WEIGLE, PERKINS & ASSOCIATES --; ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 "'*"'''"''''''''''''~'.,~. > ~. ,. ." "' ,-;" ~~- -~ 12~~:3l~~f~~'t~~I~~i:~:;::::~~~;.. . 'MAY15~ ,jf~~1};~51 . ":"::",::-:._ '~',:< . -., . '. .. -. ,-- -.. .-- -,.". -'-__~_,_,,_ ~""""",,,--.-......~c,~_".,.....,. TROY A. ECKENRODE PlAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSi'L VANIA v. LORETTA l. SHERIFF DEFENDANT 01-.2849 CIVIL ACTION LA W IN CUSTODY I !)RPER.9F COllRT AND NOW. ..... Friday, May 18,2001..._.__,.' upon consideration ofthe attached Complainl, it IS hcrehy directed thai pariies and theIr respective counsel appear bel,)re .~~ueline M. V{'rneY'.E:s'l,._. ihe concIliator. at_~.~.~~ Floor. CUl1lberlaO(!".~~:~~unty Courthouse~ Carlisle. on _...~~.~.~.~_~.~ay. Ju~_~__13. 20Q.~...._.___ at. 9:30 a.lll. 1<:"/1' a Pre-llearing Custody Conference. At such conference. an effort will be made to resolve the issues in dispute; or if this cannot be aecompltshed, to define and narrow ihe issues to be heard by the court, ""d to ellter into J temporary order. All chIldren age live or older may also be present at the eonlerence. 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 I'roteetion from Abnse orders, Special Relief orders, and Custody orders to the conciliator 48 honrs prior to scheduled hearing. FOR nIB COURT, By: /s/ lac.qur.lillJLM. Veme.1',_EsqJi2.._..._ Custody Conciliator The Court of Common Pleas ofCumberiand County is required by law to comply ,,~th the Americans with Disabilites /I.ct of] 990, For information about accessible faCIlities and reasonable accommodatIOns available to disabled individuals having bU5ines> before the court, please contact our omce. 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 TIllS P MER TO YOUR XfTORNEY AT ONCE. IF YOU DO NOT HAVE AN AHOR.NEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONe TIlE OFFICE SET FORTH BELOW TO FIN"]) OUT \VHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carllsle, Pennsylvania 17013 'Telephone (717)249.3166 Tn"!: ,~.'"'lov '""r'" "'=COPD \.t.Jb. '''''.''. ~ ~h ., ~..~ ... In Testimanv V/;lCrcof. t h." unea Set my hand and the seaj of sdd Court ;Jt Cu([isle, Pa. Jhis .../f.....~... ~ay lJf'zl~........:, ~'''' ;:--: ..'M"..MU....~.. .....,.K,.. </1/l,._ cq ~ ~~.........a... , Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TROY A. ECKENRODE, Plaintiff CIVIL ACTION - LAW f v. LORETTA L. SHERIFF, Defendant NO. 2001- IN CUSTODY n f CO. COMPLAINT FOR CUSTODY -, , 1. The Plaintiff is Troy A. Eckenrode, an adult indiviuuaL presently residing, at 313, \\'alnut Dale Road. Shippensburg. Southampton Township, Cumberland County, Pennsylv~~ia ~7?57. . . 2. The Defendant is Loretta L. Sheriff, an adult individual, presently residing at 204 rirehouse Road. Shippensburg. South Newton Township. Cumberland County, Pennsylvania 17257. 3. Plaintiff seeks custody of the following child: NAME Kerstin N. Sheriff PRESENT RESIDENCE 204 Firehouse Road Shippensburg. PA 17257 AGE 4 (horn Mav 20. 1997) The child was horn out of wedlock. The child is presently in the custody of Loretta L. Sheriff: who resides at 204 Firehouse Road. Shippensburg. Cumberland County, Pennsylvania 17257. Since hirth. the child has resided with the following persons and at the following addresses: NAME Troy A. Eckenrode Loretta L. Sheriff ADDRESS 313 Walnut Dale Road Southampton Township Cumberland COllnty Shippensburg, P A 17257 DATE May 20. 1997 (birth) to February 26. 2001 Loretta L. Sheriff Arlene Sheriff: Grandmother Leroy Sheriff. Grandt~llher 204 Firehouse Road South Newton Township Cumberland County Shippensburg. PA 17257 February 26. 2001 to Present -,:..;.r-dfG-ci.:. ;;rEr;...~;j~ -'::.. ';..;<:~..>~os~~;rr;:.s... -::.T,<?.~.~..':..V:5_ ':! ::...:-~:'_ -- 126 f:.\ST -"":ING STREET - SH1PPE~;53vRG ~~ . "::57-' 3'H \VC1GLC. ;..>I:..HKI:\I:::, t>< .....:::.::>VLl,...' r:..=. - ..... '....."..~.'..- ~. . ""'-:"7~'~,!'-. "{ .,"_ ~ . c.".,~~,= 0-, ., , " The mother of the child is Loretta L. Sheriff. currently residing at 204 Firehouse Road. Shippensburg. South Newton Township. Cumberland County. Pennsylvania 11'257. She is single. The natural father of the child is Brian Evans who was last known to reside in Frederick, Maryland, but whose exact whereabouts are unknown to the Plaintiff. 4. The !'relationship of Plaintiff to the child has been that of father since birth. The Plaintiff currently resides alone at 313 Walnut Dale Road. Shippensburg, Southampton Township. Cumberland County. Pennsylvania 17257. . 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: NAME Kerstin M. Sheriff Arlene Sheriff Leroy Sheriff RELATIONSHIP Daughter Delendant's Mother Delendant's Father 6. Plaintiff has not participated as a party or witness. ll\' in another capacity. III 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 docs not know' of a person, not a party to the proceedings. who has physical custody of the child or claims to have custody Dr visitation rights with respect to the child. 7. PlaintitThas been held out as father of the child inlhc Shippcnsburg community and has actcd as tather of thc child sincc birth. 8. PlaintitT is the only lather the child has known and has acted in the capacity of "in loco" since birth. 9. The Defendant has wrongfully excluded the Plaintiff from seeing the child since February 26. 2001. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because thc parties currently do not haY\: a regular schedule for the exercise of Plaintiffs rights ofpanial custody. -" II ~- H"I ~ 'r '",'" WEiGL/:;;. PERKINS & ~S50CiATC5 - ~TTORNEYS AT LAW ~ 126 t:AST KING STREET - SHIPPE."ISBVRG. PA 17257-1397 W_E~G,-E:. PERKI:\IS & ASSOCIATES - ATTOR:\IEVS A"r LAW - 126 EAST KING STREET - SHIPPC:-;SSURG. PA 1,257. 13~ 7 ,', .,:.;.;.,., ,__,~tt ,~".,,_ > ) II. Each person 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. All other persons. named below. who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: NAl\lE None ADDRESS BASIS OF CLAIM WHEREFORE. Plaintiff requests the Court to grant both legal and primary residential custody of ,he minor child to t11e Plaintiff. WEIGLE. PERKINS & ASSOCIATES By: Jerr. 1\. Weigle, . 'quire Attorney for Plaintiff 1.0.#01624 126 East King Street Shippensburg, PA 17257 Telcphonc 717-532-7388 JJ. __~:E1..~r..-.c:.....:~~~~!:"\I~_ ~._--:S_S5:~C:!,::~ES -..~~:?~....:"':~YS..AT LAW - ,:6 CAST KING STREET - SHIPP!:~;SSURG, PA 17:57.1397 "~~~-':."~,~:'..~L->~~:.,_~:'_.':,,l ~,_, -. --- ... ~'2!~'T:.mir.' VERIFICATION I verifY that the statements made in the foregoing Complaint for Custody 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. { Dated: ~- >5 - 0 I /- ~ WEIGLE. PERKINS & ASSOCIATES ATTORNEYS AT LAW 126 EAST KING STREET SHIPPENSBURG. PA 17257-1397 ',-' ~. ,~----- :" ~ III!l up_ '" JT'IIJ1,==, ~ ~" " L _ ~"~ -~ '-,,'.' -"" "'I' _'m".,_ ~u - ~. -=-,;, n ~;;; -01_ rn ;;;; ',') ::<" ~-:::' ;>. r"~ -< ,~ , , .~ ':1 \t:i ~ _~,!l\,",~~~~41ml1$~~l!!lIlW~~)"~?~"'i11[l,')'!1~,~m:rrWWOl:!:iWii!ll~~ii~t~,~'.," ,.. ~, - , - TROY A. ECKENRODE, Plaintiff JUN 2 6 20m : IN THE COURT OF COMMON PLEAS OF ~ : CUMBERLANDCOUNTY,PENNSYLVANIA V. : NO. 2001-2849 CIVIL TERM LORETTA L. SHERIFF, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 2flf"l,dayof ~(Ol:7~ ,2001,upon consideration of the attac~ody Conciliation Report, it is ordered and directed as follows: 1. The Conciliation Conference scheduled for June 22, 2001 is hereby continued generally. 2. Counsel for Mother, Loretta 1. Sheriff, shall file Preliminary Objections within twenty (20) days from the date of the Conciliation Conference raising the issue of standing of the Plaintiff. 3. Counsel for Plaintiff, Troy A. Eckenrode, shall attempt to locate and serve the natural Father, Brian Evans, with the custody complaint and other pleadings. Mother shall cooperate with Plaintiff in providing any information she may have concerning Father's whereabouts. 4. Either party may contact the Custody Conciliator to schedule another Conciliation Conference, if necessary, once the Preliminary Objections are disposed of. BY THE COURT, cc: Jerry A. Weigel, Esquire, Counsel for Plaintiff Paul Bradford Orr, Esquire, Counsel for Mother ~ V?.~ .' ~ ,':_i . r! (-') j-C-; C) C 7 S~ f~;=: ~Q ~::~~ ~}3 )>c ~ -< :"'~'l c;::: ~ ."'" .--; )::::~ ~J) -< ~ ~ l' ~ ~~ ~.'o_'_- . ~ '<!'>'jrllll!fllUlli(- f TROY A. ECKENRODE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA V. 2001-2849 CIVIL TERM LORETTA L. SHERIFF, Defendant : CIVIL ACTION - LAW : 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 Kerstin N. Sheriff May 20, 1997 Mother 2. A Conciliation Conference was held in this matter on June 22, 2001, with the following individuals in attendance: The Plaintiff, Troy A. Eckenrode, with his counsel, Jerry A. Weigel, Esquire, and the Mother, Loretta 1. Sheriff, with her counsel, Paul Bradford Orr, Esquire. The Father, Brian Evans, was not served with the custody complaint or notice of the Conciliation Conference and did not appear. 3. The Plaintiffs position was that he had acted in loco parentis to the child since birth, while living with the Mother. 4. Mother's position was that the P1aintiffJacked standing to assert any custody rights. Counsel for Mother admitted that Plaintiff and Mother lived together from January 1998 to February 2001. 5. The parties agreed to an Order in the form as attached, continuing the Conciliation Conference to give the Plaintiff an opportunity to serve the natural Father and to give Mother twenty (20) days to file Preliminary Objections raising the issue of standing ofthe Plaintiff. 4 ~2S--dl Date \ 1/ J ~)'J;.V~ ~ine M. Verney, Esquire Y Custody Conciliator ~ -- ~ , ~f = -r -~ JUN 2 6 2001 ~ "~~. -- """!Ii",. l ~ " ,< , . TROY ECKENRODE, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION LORETTA 1. SHERIFF, Defendant :NO.OI.2849 :IN CUSTODY PRELIMINARY OBJECTIONS TO CUSTODY COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: Defendant, Loretta 1. Sheriff, by her attorneys, the Law Offices of Paul Bradford Orr, files the following preliminary objections: 1. On May 8, 2001, the Plaintiff filed a Custody Complaint in the above. captioned action in order to gain primary physical custody and legal custody of Kerstin N. Sheriff. 2. On May 18,2001, the Court issued a Temporary Order that provided that a conciliation conference be conducted on June 13,2001, at 9:30 AM. 3. On June 12, 2001, undersigned counsel requested a continuance in the above. captioned case. 4. A conciliation conference was held on June 22, 200 I. 5. Plaintiff is an unrelated third party to Kerstin N. Sheriff. 6. Plaintiff has not established prima facie right to custody in that he has not stood in loco parentis to Kerstin N. Sheriff during the three years he resided with the Defendant and, thus, lacks standing to bring an action in custody. .' -" r -, , 1.~ ~" ~~, . .. ' . 7. Natural Father never received notification of this pending custody action. 8. Plaintiff is not the natural father of Kerstin N. Sheriff. 9. Plaintiff and Defendant lived together for three years and one month as girlfriend and boyfriend, but never married. 10. Plaintiff is not listed as the father on the birth certificate of Kerstin N. Sheriff. 11. Plaintiff was not present at the birth of Kerstin N. Sheriff, and was not living with the Defendant at the time of her birth. 12. During the three year relationship between Plaintiff and Defendant, Defendant asserts that Plaintiff did nothing to create a father daughter relationship with Kerstin N. Sheriff, in fact, the Plaintiff spent very little time with Kerstin N. Sheriff during the course of their relationship. 13. Defendant also asserts that Plaintiff did not hold himself out to be the father to Kerstin N. Sheriff during the course of their relationship. 14. Granting physical or legal custody, via a custody action, to a third party who is not in loco parentis to the child, is not in the best interest of the child. 15. The Plaintiff lacks standing to pursue an action for primary physical and legal custody of the Defendant's child. ~"'''''''1''''''''''' . 1.' ~ "_~ I I 1 , . WHEREFORE, the Defendant requests that this Honorable Court enter an Order that dismisses the Plaintiffs Complaint, grants physical and legal custody of Kerstin N. Sheriff to Defendant Loretta 1. Sheriff. Date: 111-to \ By: Paul Bradford Orr Attorney for Defendant 50 East High Street Carlisle, P A 17013 Supreme Court ID No.: 71786 "',,,,,,,,-, ~~~ ~-! -, ~ - I I' r'~ . = r<->>" __~ , ~ , . TROY'BKE~RODE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION LORETTA SHERIFF, Defendant :NO.OI-2849 :IN CUSTODY CERTIFICATE OF SERVICE ~ I hereby certify that on this date July ;)" , 2001, I mailed a copy of the foregoing Preliminary Objections to Custody Complaint to the following person at the following address by U.S. First Class Mail, delivered to addressee only: Jerry A. Weigle WEIGLE, PERKINS & ASSOCIATES 126 East King Street Shippensburg, PA 17257-1397 Paul Bradford Orr, Esq. ..",~ .- ." l' ~, I !-I tr ~I" Il . * I~:BIII .~"' . , _ ""","~~1IfJ ~" ,- .:~~~m~1Wl! I" .~- <~ "~ '.,. , - "'.. "",~ -".~..,""-,, ~~, '~M"" n","""""~""'"," ~."",. "-'1""-~1';"""" -", j-,',,""} '~_[ ','''-''cJir"''Yw;,,(~'''' . . -:::c- C,' l .r..__'__ :.c~l C-J ~:~~ > oe-:-( . )>(-- :':-1 -< (") ~ '=. (:--::' , , ~ 7'1" :.n :'lJ j'-..) ..'..~ -, "'~"I'R!Wrn~i[~'!'HB,;'>~",t':"n','~iB:7""'''1~'iT':'''''~':!' ""-""";~7;;,,,,~,,,~,,rr~%!"~iW*~)5jJ~I'"',~~'~~'t.~" " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TROY A. ECKENRODE, Plaintiff CIVIL ACTION - LAW v. NO. 2001 -2849 LORETTA L. SHERIFF, Defendant IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS TO CUSTODY COMPLAINT AND NOW COMES the Plaintiff by and through his attorneys, Weigle, Perkins & Associates, and files his answer to the Defendant's preliminary objections to the custody complaint as follows: l. Denied. On May, II, 2001, the Plaintiff filed a complaint for custody in the above- captioned action in order to gain legal and primary residential custody of the minor child, Kerstin N. Sheriff. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Plaintiff has been told by the Defendant, the mother of the minor child, that he is not the child's natural father. The Defendant has alleged that the natural father is Brian Evans although said allegation has not been substantiated by a paternity test. As such, after reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. Furthermore, it is denied that the Plaintiff is an "unrelated" third party to the minor child. The Plaintiff has been held out as and has acted as the child's father since the child was six (6) weeks old. 6. Denied. Under the principles outlined in BUDD v. BUDD 718 A. 2d 1278 (pa Super 1998), the Plaintiff has established a prima facie right to custody in that he has stood in loco parentis to the minor child since the child was six (6) weeks old and, thus, has standing to bring an action in custody. The Plaintiff has assumed parental status and discharged parental duties. The Plaintiff lived with the minor child and the natural parent in a family setting and developed a relationship with the child as a result of the participation and acquiescence of the natural parent. WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 , ,,,,,_w,,__,_~,,.,,,,_,,,>' - . ~- - "' "'_"e_ ,,~~. - ,< " '- -. '.~ - " , 7. Admitted in part and denied in part. It is admitted the alleged natural father never received notification of this pending custody action as the Plaintiff did not know his whereabouts. As ordered by the Court, Plaintiff s counsel shall attempt to serve the alleged natural father with the custody complaint and other pleadings. However, it is not known with certainty whether the alleged natural father is the natural father. 8. Denied. Plaintiff has been told by the Defendant, the mother of the minor child, that he is not the child's natural father. The Defendant has alleged that the natural father is Brian Evans although said allegation has not been substantiated by a paternity test. As such, after reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. 9. Admitted in part and denied in part. It is admitted that the Plaintiff and Defendant were never married. It is denied that the parties lived together for three (3) years and one (1) month as girlfriend and boyfriend. The parties had lived together in a family setting, irrespective of its traditional or nontraditional composition, with the minor child since the child was six (6) weeks old, approximately three (3) years and eight (8) months. 10. Admitted. The alleged natural father, Brian Evans, is listed as the father on the birth certificate of the minor child. 11. Admitted. 12. Denied. The Plaintiff lived with the minor child and the Defendant in a family setting since the child was six (6) weeks old and developed a relationship with the child as a result of the participation and acquiescence of the Defendant. The Plaintiff has asslUlled parental status and discharged parental duties including the expense of raising a child. The Plaintiff has been held out as the child's father by the Defendant and has acted as the child's father since the child was six (6) weeks old. The minor child calls the Plaintiff "Daddy." 13. Denied. Plaintiff incorporates herein by reference thereto answers to paragraphs 1 through 12 of this Answer to Defendant's Preliminary Objections. Furthermore, Plaintiff has held himself out as the child's father. 14. Denied. The Court would not be granting legal and physical custody to a third party who is not in loco parentis to the child. The Plaintiff has acted in loco parentis to the minor child since the child was six (6) weeks old. Granting legal and physical custody to the Plaintiff would be in the best interest of the minor child. WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ,'l,'_""<;,,_.,"_~,_'''"'''_'_,_,~,~" ",,~< ._",r",.d' ,,_,,~, _ _ C~ ~, _, ~ " 15. Denied. The Plaintiff has established a prima facie right to legal and physical custody in that he has stood in loco parentis to the minor child since the child was six (6) weeks old and, thus, has standing to bring an action in custody. WHERFORE, Plaintiff respectfully requests that this Honorable Court overrule and dismiss the Defendant's Preliminary Objections and grant legal and primary residential custody of the minor child to the Plaintiff. By: By: Respectfully submitted, WEIGLE, PERKINS & ASSOCIATES Jerry A. Weigle, Esquire Attorney for Plaintiff Attorney ID #01624 126 East King Street Shippensburg, P A 17257 Josep P. Ruane, Esquire A ey for Plaintiff Attorney ID #71577 126 East King Street Shippensburg, P A 17257 '~-'" - -". . ! '_,' , -, c -" _ - "'1 - WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 -,,,-rr,"'"J--,_,'.-",j-"',-< ,- i ,- II VERIFICATION I verify that the statements made in the foregoing Plaintifrs Answer to Defendant's Preliminary Objections to 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, Dated: 7-/f'-O ( ft. / A. ECKENRODE WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257,1397 _" - .~ ~>r',,?\,,~,~~,_", -- ~--,,, " ~'- - <.-.,-, " " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TROY A. ECKENRODE, Plaintiff CIVIL ACTION - LAW v. NO. 2001 -2849 LORETTA L. SHERIFF, Defendant IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA SS COUNTY OF CUMBERLAND Jacolyn 1. Moose, being duly sworn according to law, deposes and says that on July 20, 2001, a copy of Plaintiffs Answer to Defendant's Preliminary Objections to Custody Complaint was served upon Attorney Paul Orr, Esquire, Attorney for the Defendant, by mailing the same postage paid, regular mail, at Shippensburg, Pennsylvania, addressed as follows: Paul Bradford Orr, Esquire Law Offices 50 East High Street Carlisle, PA 17013 Sworn to and subscribed before me this ~O'"" day ofJuly, 2001. ~~t-l~ ;< T vrq Jt Notary Public NOlarial Seal Patricia L Tome, Nola1y Public Shippell8lll!rg Born, Cumbel!andCounty My Commlssi~':.~~~i~es June 7, 2004 WE.lGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 '''>~ ,h~" ""'<:,~,o,",c~_"'o_ - ,_,",_ ~_, c." '_.f,--"'; < -~ - -'- ,. -, J .['k.. ..J- ~ .-~ " ~r'\'i ~.,4. t_ _, -.-'~ ,'~ , ~-I ' 0'" . ,"~ "elk-,,', ,__ '"'_oM .. T . -',~~ ,<> ,y -.- ,,~ "~ ~ " -. -., ----, ~ =,~IM!i.1I!"l ,_U ~!~il!'fl;<I\'i~)!i?i""~'-:~""i,*W-~'!!W~~:ll\-i~''''>'~'''\(M'I,M-'''~'~''",j,~;;;'~I'~!tfL';\F!ro1-'fri"'3B;;:~Wl~~),!F,~~~J.J~~~ ..... "!~~,.. 7 Hoffer BETZI A. MORRISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-2849 CIVIL TERM GIANT FOOD STORES, INC., and FALK US PROPERTY INCOME FUND, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Hoffer, President Judge, on Wednesday, January 15, 2003. In this negligence action, Marcus A. McKnight, III, Esquire, represents the plaintiff, and George B. Faller, Jr., Esquire, represents the defendant. Plaintiff claims that she slipped and fell on May 13, 1999, while shopping at the defendant's store, and the fall was caused by a substance negligently left on the floor. Counsel agree that the case should be placed on the trial list for the week of March 10, 2003. Plaintiff agrees that the second defendant, Falk US Property Income Fund, should be released from this action and the Court orders that they are released. The continuance of the case from the r~ - ." 'I " . , 'I' ~-" "_~"f '. 01-2840 Civil Term In Re: Pretrial Conference February term of court until the March term of court is at the request of the plaintiff in that defendants were ready to proceed to trial. By the Court, .J. Marcus A. McKnight, III, Esquire For the Plaintiff George B. Faller, Jr., Esquire For the Defendant Giant Prothonotary Court Administrator :mtf ~;" -- -,~- "'"'- . - ' - ~ " {r ~ ~~_'~" )11 ~ ,,"- " .,-=', - "<,'_,_ ,.','. ~_,-" .",___, .-~, -C"':""'.- '"'M'_~~';'''"'''"'",_ ""-'-'0l1"'-i"Ll'~4~ ~'~="'"~"~O,~_~, -~- ^' ~~ .. 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