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HomeMy WebLinkAbout03-6356JESICA JUMPER, Plaintiff VS. CHARLES DANIEL ERB, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- ¢3f CXVIL TErn : : CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Jesica Jumper. Plaintiff's permanent residence is 724 North Hanover Street, Carlisle, PA 17013. 2. The defendant is Charles Daniel Erb, residing at 240 Meals Drive, Carlisle, PA 17013. 3. The plaintiff seeks custody of the minor child: Name Present Residence Age Hailie Jen-Marie Erb believed to be residing at 5/5/03 DOB, 7 months old 240 Meals Drive Carlisle, PA 17013 The child, Hailie Jan~Marie Erb, was born out of wedlock. The child is presently in the custody of the defendant, who is not the biological father, and resides at 240 Meals Drive, Carlisle, PA 17013. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Charles Erb Jesica Jumper Jesica Jumper Mary Kieling Joel Cox Charles Erb Address 240 Meals Drive Carlisle, PA 17013 724 North Hanover Street Carlisle, PA 17013 240 Meals Drive Carlisle, PA 17013 Date Birth to 11/22/03 11/22/03 to 11/24/03 11/24/03 to present The mother of the child is Jesica Jumper, currently residing at 724 North Hanover Street, Carlisle, PA 17013. She is single. The defendant, who is not the biological father of the child, is Charles Daniel Erb, currently residing at 240 Meals Drive, Carlisle, PA 17013. He is single. 4. The relationship ofplaintiffto the child is that of mother. The plaintiff currently resides with the following persons: Name Mary Kieling Joel Cox Relationship Plaintiff's mother Plaintiff's brother 5. The defendant has acted in a parental capacity since the child's birth but is not the biological father of the child and has never adopted the child as his own. It is believed that the defendant currently resides with the following persons: Name Charles Daniel Erb Hailie Jen-Marie Erb Relationship Self Plaintiff' s daughter 6. The plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7, The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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 children. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to the following: a) The mother has provided for the child's emotional, physical, educational, and medical needs including establishing a stable home environment for child, and she can continue to provide for the child. b) The mother lives with supportive family members who can contribute to the well being of the child and provide a healthy environment in which to raise a child. c) The mother is the parent who can best facilitate any interaction between the child and the defendant. d) The defendant has not acted in the best interest of the child in ways including but not limited to the following: i) The defendant snatched the child from the mother on November 22, 2003, when she decided to move to her mother's home for a healthier environment in which to raise her child. After returning the child that same day, the defendant again snatched the child from daycare on Monday, November 24, 2003, and has since refused to return the child to her mother. ii) The defendant refuses to provide the mother with definitive information as to where the child is actually living or information as to where the child is staying and who cares for her while the defendant is at work. This leaves the mother with no knowledge as to whether the child is receiving the care that is necessary and appropriate for a seven month old infant. harm. iii) Despite having been informed and/or reminded no less than four times of a necessary doctor's appointment scheduled for Tuesday, December 9, 2003, to complete a flu vaccination, the father has informed the mother that he will not take the child for the scheduled appointment. This causes the mother to fear that the child is not now, and will not be receiving necessary medical care that is important for the health of an infant. iv) The mother fears that without a custody order in place, the defendant will not return the child to her and will continue to hide the child from her. 10. Without the action of the court, the mother and the child are in danger of irreparable 11. The mother requests that the court order the following: a. Grant her primary physical and legal custody of the child. b. Enjoin the defendant from removing the child from Cumberland County, Pennsylvania. c. Grant the defendant supervised periods of visitation one time per week at either the mother's home or at the YWCA in Carlisle. 12. 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. WHEREFORE, the plaintiff requests this Court to grant her primary physical and legal custody of the child. Plaintiff further requests any other relief that is just and proper. Jessic~/Diamondstone Atton4ey for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named Plaintiff, Jesica Jumper, verifies that the statements made in the above Complaint for Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: /-Y/~/~-z~ JESICA JUMPER, VS. CHARLES DANIEL ERB, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03- CIVIL TERM : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Charles Daniel Erb with a Complaint For Custody on ~- ]~4~9 ~ , 2003 by certified mail, return receipt, restricted delivery, to the person and address below: Charles Daniel Erb 240 Meals Drive Carlisle, PA 17013 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. JESICA JUMPER, Plaimiff CHARLES DANIEL ERB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 6 5 5'--6 CIVIL TERM CUSTODY PRAECIPE TO PROCEED iN FORMA PAUPERIS To the Prothonotary: Kindly allow, Jesica Jumper, Plaintiff, to proceed in forma pauperis. I, Jessica Diamondstone, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 JESICA JUMPER, Plaintiff VS. CHARLES DANIEL ERB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 03.~,.,qS"d C1VIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Jesica Jumper, by and through her counsel, Jessica Diamondstone of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as the mother, who resides at 724 North Hanover Street, Carlisle, Cumberland County, PA, 17013. 2. Respondent is the abovemamed Defendant, who resides at 240 Meals Drive, Carlisle, PA 17013. 3. The above-named Petitioner is the natural mother ofHailie Jen-Marie Erb, born May 5, 2003. The above-named Respondent is not the biological father of Hailie Jen-Marie Erb. 4. The mother and the defendant resided together with the child until November 22, 2003, when the mother moved to her mother's home in order to end her relationship with defendant. The defendant took the child from the mother when she tried to move out of their home. After eventually returning the child to the mother, the defendant snatched the child from daycare on Monday, November 24, 2003 and has since refused to tell the mother the child's whereabouts. 5. The defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. The defendant snatched the child from the mother on November 22, 2003, when she decided to move to her mother's home for a healthier environment in which to raise her child. After returning the child that same day, the defendant again snatched the child, this time fi.om daycare, on Monday, November 24, 2003, and has since refused to return the child to her mother. b. The defendant refuses to provide the mother with definitive information as to where the child is actually living or information as to where the child is staying and who cares for her while the defendant is as work. This leaves the mother with no knowledge as to whether the child is receiving the care that is necessary and appropriate for a seven-month-old infant. c. The mother believes that the defendant has requested that his family members not inform the mother as to the location of her child. Upon learning on one occasion that the child was at the defendant's parent's home, the mother went to see her. Defendant's parents not only refused the mother access to her child, but they locked the child in a truck to prevent the mother from taking her back into her custody. d. The child has a doctor's appointment on Tuesday, December 9, 2003 at 3:00p.m. This appointment is necessary to complete the required dosage for a flu vaccination. The father has been informed and/or reminded, no less than four times, of the importance of this appointment but he has informed the mother that he will not take the child for her vaccination. e. Throughout their relationship, the defendant was argumentative and confrontational towards the mother, and this behavior did not create a healthy environment for the child. 6. The mother is the parent who can best provide for the child for reasons including, but not limited to, the following: a. The mother is presently able to provide for the child by giving the child a nurturing and stable home environment and providing for her emotional, physical, medical and educational needs. b. Since the child's birth, the mother is the person who has provided for the daily needs of the child and is the person most capable of caring for the needs of a seven-month-old infant. c. The mother can best facilitate and maintain any contact between the child and the defendant. 7. The mother requests that the Court grant primary physical and legal custody of the child to her and grant the defendant supervised visitation with the child. 8. Without this Court's intervention, the mother and child are at risk of irreparable harm by being denied contact with each other. 9. Plaintiff is not aware that the father has legal counsel and, therefore, cannot attempt to contact her/him to obtain a concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests the following: a. The defendant is ordered to immediately return the child to the mother. b. That the Court order the police to facilitate the transfer of custody pursuant to the Court Order. c. Jesica Jumper shall have primary legal and physical custody of the child. d. The custodial rights of Charles Daniel Erb shall be limited to supervised visitation, one time per week, at either the mother's home or at the YWCA in Carlisle, Pennsylvania. e. The defendant is prohibited from removing the child from Cumberland County, Pennsylvania. f. Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, Jessica ~-~-~ Attorney for Plaintiff/Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named Plaintiff, Jesica Jumper, verifies that the statements made in the above Petition for Special Relief are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. J~ica Jumper,yintiff JESICA JUMPER, : IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA VS. CHARLES DANIEL ERB, Plaintiff Defendant CUMBERLAND COUNTY, NO. 03- CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Charles Daniel Erb with a Petition for Special Relief on ~- '-~ce,ro~a~-' ,2003 by certified mail, return receipt, restricted delivery, to the person and address below: Charles Daniel Erb 240 Meals Drive Carlisle, PA 17013 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: ~/~d~2~260~ Signature: ~ JESICA JUMPER, Plaintiff Vo CHARLES DANIEL ERB,: Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6356 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of December, 2003,.upon consideration of Plaintiff's Petition for Special Relief, this matter is referred to the custody conciliation process, and the Court Administrator is requested to facilitate this referral. PENDING the conciliation conference, Plaintiff shall have primary physical custody of Hailie Jen-Marie Erb. Defendant shall have temporary physical custody on alternate weekends from 7:00 p.m. on Friday until 7:00 p.m. on Sunday, commencing Friday, December 19, 2003. THE COURT will schedule a hearing on whether this order should be modified at the request of either party. ./fessica Diamondstone, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff ~"(2harles Daniel Erb 240 Meals Drive Carlisle, PA 17013 Defendant, Pro Se BY THE COUR/~9 ~7 ~ J. Wesl~yy Oler, ~ ~. Cumberland County Court Administrator -- ,~t~d ~-~ Io~1/~/~'~ ?~ :rc JESICA JUMPER PLAINTIFF V. CHARLES DANIEL ERB DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-6356 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Friday, December 12, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, January 02, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to aly0ear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR Tile COURT, By: /s/ Hubert X. Gilroy. Esq. 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 heating 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 }lAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JESICA JUMPER (n/k/a JESICA TILDEN) Petitioner/Plaintiff VS. CHARLES DANIEL ERB, Respondent/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6356 CIVIL. TRRX4 .-•, CUSTODY PETITION FOR MODIFICATION ?7 4J b ? r, n, N x- _e +.'. tl t C-D -r? tea:. Petitioner, Jesica Tilden, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner, is Jesica Tilden, hereinafter referred to as Mother, and resides at 322 Walnut Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent, is Charles Erb, hereinafter referred to as Father, and is believed to reside at 7 Larken Lane, Mount Holly Springs, Cumberland County, Pennsylvania 17013. 3. The above-named parties are the natural parents of Hailie Jen-Marie Erb, born May 5, 2003. 4. A custody order was entered in this case on January 22, 2004 by The Honorable J. Wesley Oler, Jr. The Order, in pertinent part, gives the parties shared legal custody. Mother has primary physical custody and Father has periods of partial physical custody on alternating weekends and Wednesdays either overnight into Thursday or for the day. (See attached Exhibit A) 5. Mother is entitled to a modification of the current order, which is in Hailie's best interest, for reasons including but not limited to the following: a. Father has confided to Mother that he has been dealing with an addiction to pain pills which he is using without a prescription. b. Mother has reason to believe that Father has also started to use heroin. c. Despite Father's assurances that he was going to a rehabilitation facility, he then decided that he did not need help and did not go. d. On June 2, 2011, Father was charged with Careless Driving, Reckless Driving, Accidents Involving Death/Personal Injury, Failure to Stop and Give Information or Render Aid, Giving False Information. e. Mother is concerned about Father's ability to make appropriate decisions and his ability to care for Hailie on even a partial schedule in light of his current behaviors. f. Mother has provided for Hailie on a primary basis since her birth and is willing and able to continue to do so while Father works to remedy his situation. g. For the past seven years, Mother has worked with Father to co-parent Hailie and she will continue to do so while Father focuses on addressing his addiction issues and his current legal matters. 6. Counsel for Mother contacted Attorney Mark Bayley who previously represented Father. Attorney Bayley does not presently represent Father and it is unknown whether Father would concur with the relief requested in this petition. WHEREFORE, Mother respectfully requests that this Court order the following: a. This matter is scheduled for conciliation before on 2011, at .m. b. Until the time of the conciliation conference, the parties shall continue to share legal custody of the minor child, Hailie Jen-Marie Erb, born May 5, 2003. c. Until further order of court, Father's visits with Hailie shall be supervised at times and places as agreed upon by the parties and by supervisor agreed to by the parties. Should such an agreement not be feasible, Father's visits with the child shall be suspended until this matter can be presented before a conciliator. d. Father shall have reasonable telephone contact with Hailie. e. Any other relief this Court finds just and proper. 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PETITIONER, JESICA TILDEN, verifies that the statements made in the above Petition for modification are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 0?3 > > ?' Date: ES CA TILDEN JAN ? ?n?t JESICA JUMPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHARLES DANIEL ERB, NO. 03-6356 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this ?? day of January, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this courts prior order of January 15, 2004 is vacated and replaced with the following order: 1. The mother, Jesica Jumper, and the father, Charles Daniel Erb, shall enjoyed shared legal custody of Halie Jen-Marie Erb, born May 5, 2003. 2. Mother shall enjoy primary physical custody of the minor child. 3. Father shall enjoy periods of temporary physical custody of the minor child as follows: a. On alternating weekends from Friday at 4:00 p.m. until Sunday at 11:00 a.m. b. On the Wednesday after fathers weekend and preceding mothers weekend, father shall have custody from Wednesday at 11:00 a.m. until Thursday at 7:00 p.m. On the Wednesday preceding fathers weekend and after mothers weekend, father shall have custody on Wednesday from 11:00 a.m. to 7:00 p.m. that day. C. Father shall also have custody for an uninterrupted week in June, July and August. The time shall be arranged between the parties with father to give mother at least 60 days notice as to when he intends to exercise the summer vacation. d. Father shall also enjoy temporary custody at such times as the parties may agree. ?"X \A N a \ --I ? e. The parties shall alternate major holidays to include New Years Day, Easter, Memorial Day, July 4, Labor Day and Thanksgiving. Father shall have New Years Day, Memorial Day and Labor Day in even numbered years with mother having Easter, July 4 and Thanksgiving in even numbered years. The parties shall alternate those days in odd numbered years. The Christmas holiday shall be divided into two segments, segment 1 being from December 24 at noon until December 25 until noon, and segment 2 being from December 25 at noon until December 26 at noon. The parties shall alternate custody with the minor child on the two segments of Christmas, with the father having the first segment in 2004 and the mother having the second segment in 2004. U The parties may modify the schedule in the event they reach an agreement between themselves. Absent an agreement, the custody schedule set forth above shall control. In the event either party desires to modify this order, that party may petition the court to have this case again scheduled for a conference with the custody conciliator. BY THE COURT, J!dg . R e J.Wesley err, Jr. cc: Jessica Diamondstone, Esquire Mark F. Bayley, Esquire TRUE COPY FROM RECORD In Testimony wh, eof, I here unto set my hand an he seal of sa Court a Carlisle, Pa. s ....?.. a..,? Proth notary JESICA JUMPER, Plaintiff v CHARLES DANIEL ERB, Defendant Prior Judge: J. Wesley Oler, Jr. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6356 CIVIL IN CUSTODY 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: Hailie Jen-Marie Erb, born May 5, 2003. 2. A Conciliation Conference was held on January 15, 2004, with the following individuals in attendance: The father, Charles Daniel Erb, with his attorney Mark F. Bayley, and the mother, Jesica Jumper, with her attorney, Jessica Diamondstone. 3. The parties agree to the entry of an order in the form as attached. DATv`? -4 Hubert X. Gilr y, Esquire CustodyCon iator JESICA JUMPER (n/k/a JESICA TILDEN) : IN THE COURT OF COMMON PLEAS Petitioner/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-6356 CIVIL TERM CHARLES DANIEL ERB, Respondent/Defendant CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Jesica Tilden, hereby certify that I have served a copy of the forgoing Petition for Modification by: USPS First Class Mail, Certified Mail. Electronic Receipt Requested: Mark Bayley, Esquire 17 West South Street Carlisle, PA 17013 Charles Daniel Erb 7 Larken Lane Mount Holly Springs, PA 17065 Date: ((j ? Li t I Aeo t, Esquire gal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 U JESICA JUMPER (n/k/a JESICA TILDEN) : IN THE COURT OF COMMON PLEAS Petitioner/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-6356 CIVIL TERM CHARLES DANIEL ERB , Respondent/Defendant CUSTODY _ _ === r'j co :zm C= X ;*, .. cn ?" ? '. ?C - ? PRAECIPE TO PROCEED IN FORMA PAUPERIS . _ To the Prothonotary: Kindly allow, Jesica Tilden, Petitioner, to proceed in forma au eris. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. squire J si of , E:7 - Mid LegaIS ervices 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 JESICA JUMPED N/K/A JESICA TILDEN IN THE COURT OF COMMON PLEAS OF PLIMNTIFF CUMBERLAND COUNTY, PENNSYLVANIA C 2003-6356 CIVIL ACTION LAW r" C0 c -a , cn? CHARLES DANIEL ERB ? C IN CUSTODY -ic:) M DF, TNDANT *C-) rj C) C= ?- ORDER OF COURT -r O ' AND NOW, Friday, July 01, 2011 upon consideration of the attached Complai nt, it is hereby directed hat parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Thursday, August 04, 2011 at 2:30 PM 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orde s, and Custody orders to the conciliator 48 hours prior to scheduled hearinp,. FOR THE COURT, By: _ /s/ Hubert X. Gilroy' Es _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilite: 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 a least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or haring. YO 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 ?? Telephone (717) 249-3166 B a lei /0 A /,eel d , ir0 y Co.,? i /d??r ?Co ?? ? 7l-s"/?? JESICA TILDEN, formerly IN THE COURT OF COMMON PLEAS OF JESICA JUMPER, CUMBERLAND COUNTY, PENNSYINANgA .: Plaintiff = -- rn 3z". vs. CIVIL ACTION - LAW m= CHARLES DANIEL ERB NO. 2003-6356 Defendant IN CUSTODY - COURT ORDER -,? AND NOW, this day of August, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of January 22, 2004, shall remain in place subject to the following modifications: 1. On a temporary basis, Father's periods of temporary custody shall be alternating weekends from Friday at 6:00 p.m. until Sunday at 11:00 a.m. Father shall exercise custody at his parents' home where the parents shall generally provide supervision subject, however, to the understanding that the Father may do things alone with the minor child such as movies, trips to the parks, trip to McDonalds, etc. 2. The parties will meet again for another custody conciliation conference on Friday, September 30, 2011, at 8:30 a.m. Assuming the custody schedule outlined above goes well, the Conciliator will address the issue of reinstating the prior Court Order in full. In the event there are any dramatic issues that require the Court's intervention prior to the custody conciliation scheduled above, legal counsel for the parties, or the parties themselves if they don't have counsel, may contact the Custody Conciliator's office directly to schedule an accelerated custody conciliation conference which may be via a telephone conference. Father's alternating weekend schedule shall begin the weekend of Friday, August 12, with him picking up the child at 6:00 p.m. consistent with the schedule above. Additionally, Father shall have custody of the minor child from Friday, August 5 at 9:00 a.m. and shall return the child to Mother's custody on Saturday at 8:00 a.m. BY THE COURT: cc: Jessica Holst, Esquire C ?p (/ Mr. Charles Daniel Erb esley Oler JESICA TILDEN, formerly JESICA JUMPER, Plaintiff vs. CHARLES DANIEL ERB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-6356 IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: Hailie Jean-Marie Erb, born May 5, 2003 2. A Conciliation Conference was held on August 4, 2011, with the following individuals in attendance: the father, Charles Daniel Erb, who appeared without counsel, and the mother, Jesica Tilden, who appeared with her counsel, Jessica Holst, Esquire. 3. Upon the recommendation of the Custody Conciliator, the parties agreed to the entry of an Order in the form as attached. i Date: August, 2011 al Hubert X. Gilroy, Custody Concilije OM& .LITULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle. PA 17013 (717) 249-0900 I.. il..'l.O-OFI� �'✓ THE PO; 0 T+,,Y� wiLit-1M 21 Ail r1.1 CUPhSYLVEANANT} JESICA A. TILDEN, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA `. NO.: 2003-6356 CIVIL TERM CHARLES D. ERB, CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes the Petitioner, JESICA A. TILDEN, by and through her attorney, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully petitions for modification of custody, and in support thereof avers the following: 1. Petitioner is Jesica A. Tilden, Plaintiff/Petitioner (hereinafter referred to as "Mother"), who currently resides at 18 Walnut Lane, Carlisle, Cumberland County, Pennsylvania and is represented by Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P. 2. Respondent is Charles D. Erb, Defendant/Respondent (hereinafter referred to as "Father"), who currently is residing at the Cumberland County Prison at 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania and is unrepresented at this time. 3. On or about January 22, 2004, an Order of Court for Custody was entered into by the parties, wherein the parties share legal custody of Hailie Jean Marie Erb, born May 5, 2003 (hereinafter referred to as "Child"). �3 ce),„/ 4 6742 wit '366 10 4. Mother was to enjoy primary physical custody of the Child and Father was to have partial physical custody. 5. Mother and Father reached this agreement during a Conciliation Conference and the agreement is set forth in the Order of Court signed by the Honorable J. Wesley Oler, Jr., attached hereto and made a part hereof marked "Exhibit A". 6. A Petition for Modification was filed by Mother on or about June 24, 2011, in which Mother was seeking to modify custody for Father due to his addiction to prescription drugs and heroin. 7. As a result, Mother was concerned about Father's ability to make the proper parenting decisions for the child in light of his recent issues. 8. On or about August 4, 2011, the parties appeared for a Conciliation Conference wherein Father's periods of custody of the Child would alternate from Friday at 6:00 p.m. until Sunday at 11:00 a.m. and the periods of custody shall be supervised at his parent's home; however, he was allowed to take minor trips with the Child. 9. Since the date of that Order, Father has been exercising custody of the Child every other weekend from Friday at 6:00 p.m. until Sunday at 11:00 a.m. 10. The Order was signed by the Honorable J. Wesley Oler, Jr., on August 9, 2011. COUNT I - MODIFICATION FOR CUSTODY 11. Paragraphs one (1) through ten (10) of this Complaint are incorporated herein by reference as though set forth in full. 12. This Agreement should be modified because: a. Mother is, yet again, seeking to modify custody from Father due to his addiction to prescription drugs and heroin. b. As a result, Mother is extremely concerned about Father's ability to make the proper parenting decisions for the Child in light of his recent issues and relapse from drugs. c. Father entered the Cumberland County Prison on April 7, 2014 on a parole violation and will be incarcerated from four (4) to six (6) months. d. Father violated his parole due to failing approximately five (5) urine tests out of eight (8) for drugs. e. Father has an extensive history of using and abusing drugs, especially heroin. f. In fact, on or about December of last year, Father's brother died of heart complications resulting from drugs that were in his system. g. Both Father and his deceased brother had previously lived with their parents, Fran and Gary Erb; both are well aware of their children's addiction to drugs. h. The Child, while staying at her grandparent's home, while visiting her Father during a custodial visit had found a needle in her own dresser that clearly did not belong to her. i. It is believed and therefore averred that the grandparents are unable to provide supervised visitation. j. It is believed and therefore averred that, if and when, Father is released from prison they will allow him to continue to use drugs as he has constantly abused drugs while in their presence and in their home. k. Therefore, Mother is asking for Sole Legal and Physical Custody while Father is incarcerated at this time. WHEREFORE, the Petitioner requests that this Court modify the existing Custody Order as requested. Respectfully submitted, ABO' 111 & KUTULAKIS, L.L.P. Michelle L. Som r, Esquire Supreme Court ID 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaint/Petitioner VERIFICATION I, JESICA A. TILDEN, verify that the statements made in this Petition for Modification of Custody are true and correct to the best of my knowledge, information, and belief. 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 6-- 6 CERTIFICATE OF SERVICE AND NOW, this 21st day of May, 2014, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition for Modification of Custody, upon the Plaintiff by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Charles D. Erb Cumberland County Prison 1101 Claremont Road Carlisle, PA, 17015 Pro Se Defendant Respectfully submitted, Abom & Kutulakis, L.L.P. Michelle L. Soer, Esquire Attorney ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF THE 9I-' JUDICIAL DISTRICT PENNSYLVANIA — CUMBERLAND COUNTY C :; —1 JESICA A. TILDEN : CIVIL ACTION -0 Plaintiff/Petitionerr`'pm J. v. NO.: 2003-6356 CIVIL TERM 7_ �© . cD..,,_, •• � .__ , c) -,— C ". CHARLES D. ERB, : IN CUSTODY Defendant/Respondent : JUDGE CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, JESICA A. TILDEN, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply Crime ❑ 18 Pa.C.S. Ch. 25 (relating to criminal homicide) II 18 Pa.C.S. 42702 (relating to aggravated assault) Self Other Date of Sentence household conviction, member guilty plea. no contest plea or pending charges 0 18 Pa.C.S. 42706 II (relating to terroristic threats) 18 Pa.C.S. 42709.1 (relating to stalking) II 18 Pa.C.S. §2901 (relating to kidnappincil O 18 Pa.C.S. 42902 0 relatin to unlawful restraint) O 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §291.0 (relating to luring a child into a motor vehicle or structure) 0 .0 O 18 Pa.C.S. 43121 0 0 (relating to rape) O 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. 43123 (relating to involuntary deviate sexual intercourse) O 18 Pa.C.S. 43124.1 (relating to sexual assault) O 18 Pa.C.S. 43125 (relating to aggravated . indecent assault) C( 18 Pa.C.S. 43126 (relating to indecent assault) O 18 Pa.C.S. 43127 0 (relating to indecent exposure) O 18 Pa.C.S. 0129 D 0 (relatinq to sexual intercourse with animal) 0 18 Pa.C.S. §3130 relatin to conduct relating to sex offenders) 18 Pa.C.S. §,3301 (relatinq to arson and related offenses) 0 18 Pa.C.S. §4302 (relatinq to incest) 18 Pa.C.S. §4303 relatin to concealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children1 18 Pa.C.S. §4305 (relatinq to dealing in infant children) 18 Pa.C.S. 45902(b) (relatinq to prostitution and related offenses) 18 Pa.C.S. §5903(c) or (relatinq to obscene and other sexual materials and performances) O 0 0 0 II 0 O D O 0 L1 18 Pa.C.S. §8301 0 _ 0 (relatinq to corruption of minors) 18 Pa.C.S. 0312 (relating to sexual abuse of children) 18 Pa.C.S. 46318 (relating to unlawful contact with minor) 18 Pa.C.S. 46320 (relating to sexual exploitation of children) O 23 Pa.C.S. § 6114 0 (relating to contempt for violation of protection order or agreement) O Driving under the influence of drugs or alcohol ❑ Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household ' apply member 0 A finding of abuse by a Children & Youth l U Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction [� Other: D 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. If you are awarethat the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. `JC6 ca/dp i Printed Name 0 JESICA A. TILDEN IN THE COURT OF COMMON PLEAS 02 PLAINTIFF V. CHARLES D. ERB DEFENDANT r -J . CUMBERLAND COUNTY, PENNSYLV A s; '_ 70 2003-6356 CIVIL ACTION LAW cn14 —a 7., < - --p �� -fl IN CUSTODY � cr ORDER OF COURT AND NOW, Tuesday, May 27, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor , Cumberland County Courthouse, Carlisle on Tuesday, June 24, 2014 8:30 AM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,. to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Defy .��t--Lo'. Ret: ..90 MR p1oecL'Ir% F ie kI4y G; Ir� Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 OM& ,LITUI.AKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 JESICA A. TILDEN, Plaintiff/Petitioner v. CHARLES D. ERB, Defendant/Respondent FILFD-OF 1~ THE PRO.j HONG A 2Ni t1M r' 29 PH 3: 33 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2003-6356 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the Petition .to Modify Custody upon the Defendant, by depositing, or causing -to be— deposited, same in the U.S. mail, certified, postage prepaid, on Charles D. Erb, an inmate at Cumberland County Prison, at Carlisle, Pennsylvania, addressed as follows: Charles D. Erb c/o Cumberland County Prison 1101 Claremont Road Carlisle, Pennsylvania 17013 Return card acknowledging receipt on May 23, 2014, is attached as Exhibit "A". Date: sMizt- ABOM & KUTULAKIS, L.L.P. Michelle L. S i er, Esquire Attorney I.D. No.: 93034 2 West High Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff SENDER: COMPLETE THIS SECTION III Complete items 1, 2,, and 3. Also complete Item 4 If Restricted Delivery is desired. III Print your name and address on the reverse so that we can return the card to you. II Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Ckcis .E6 ewhbRaa.ed ciDwpuLtf Pa4(50,0 it, 01 Clank,rri Cink (4-0su e.41-42,1i5lez 1), 17015 COMPLETE THIS SECTION ON DELIVERY 0 Agent 0 Addressee C. 'ate of livery a3 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. S rvice Type Certified Mail 0 Express Mall 0 Registered Return Receipt felsklembetielise 0 Insured Mall 0 C.O.D. 4, Restricted Delivery? (Extra Fee) !Yes 2. Article Number (Transfer from service label) 7012 3050 0000 0650 313 PS Form 3811, February 2004 Domestic Return Receipt EXHIBIT "A" 102595-02-M-1640 Y JESICA A. TILDEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW CHARLES D. ERB, NO. 2003-6356 Defendant IN CUSTODY PRIOR JUDGE: The Honorable J. Wesley Oler COURT ORDER AND NOW, this &(- day of , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that father's periods of partial custody as set forth in the prior Orders of Court in this matter are hereby suspended. Upon father's release from prison and in the event the parties are unable to reach an agreement with respect to reinstatement of father's periods of partial custody, the father, Charles D. Erb, may petition this Court to have the case again scheduled with the Custody Conciliator for a Conference. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT: Judge cc: "' 'chelle L. Sommer, Esquire -nom CO v-*N4 . Charles Daniel Erb fit rim r�- tip L1fy . �r y t JESICA A. TILDEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CHARLES D. ERB, NO. 2003-6356 Defendant IN CUSTODY PRIOR JUDGE: The Honorable J. Wesley Oler CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Hailie Jean Marie Erb, born May 5, 2003. 2. A Conciliation Conference was held on June 24,2014,with the following individuals in attendance: The mother,Jesica A. Tilden,with her counsel, Michelle L. Sommer, Esquire. The father, Charles D. Erb, did not appear. 3. Mother has filed a petition for modification of the existing Custody Order. Mother has primary custody and father has been seeing the child on alternating weekends and at other times. Mother relates that father was put in prison in Cumberland County Prison for a parole violation on April 7, 2014, and she expects him to remain in jail for approximately four to six months. Mother also suggested that father's revocation of probation was based upon failed drug tests. The Conciliator verified that at the time of the Conciliation Conference Mr. Tilden was incarcerated in Cumberland County Prison. 4. The Conciliator recommends the entry of an Order in the form as attached. Date: June `i , 2014 Allj4J, Hubert t Gilroy, squire Custody Concil' for