HomeMy WebLinkAbout09-61291
SHAWN WALKER,
vs.
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
TIFFANY ERBACHER
Defendant
No. &- Civil Term
ACTION IN CUSTODY
CUSTODY COMPLAINT
1. Plaintiff is Shawn Walker, who currently resides at 4 E. Coover Street,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. Defendant is Tiffany Erbacher, who currently resides at Lot 16, 967 Trindle
Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. Plaintiff is the Father of the following child and seeks a custody order
regarding the following child:
NAME DOB/AGE ADDRESS
Kaden E. Walker 3/21/07 (2) 967 Trindle Road,
Mechanicsburg, Pa. 17055
Mother and Father were never married. Mother currently has primary physical
custody of the child.
During the past five years, the child has resided with the following persons and at
the following addresses:
NAME ADDRESSES DATES
Tiffany Erbacher 967 Trindle Road 2008 - present
Lucas Erbacher Mechanicsburg, Pa. 17055
Tiffany Erbacher unknown address 2007 - 2008
In Mechanicsburg with her
Parents, Theresa and David Loar.
The Mother of the child is Tiffany Erbacher. She currently resides at Lot 16, 967
Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
The Father of the child is Shawn Walker. He currently resides at 4 E. Coover
Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
4. The relationship of plaintiff to the child is that of Father. The plaintiff currently
resides alone.
5. The relationship of defendant to the child is that of Mother. The defendant
currently lives with her husband, the Child, and her two other children, Mariah (4) and
Logan (9 mos).
6. Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
Plaintiff does not know of a party to the proceedings who has physical custody of
the child or anyone who claims to have custody or visitation rights with respect to the
child.
7. The best interest and permanent welfare of the child will be served by
granting the relief requested because: The parties never lived together. The parties
have been able to agree to some periods of partial custody, however Father is
requesting that periods of partial custody be entered and confirmed in a court Order.
Also. Father is requesting an Order that provides for shared legal custody of the child
8. Each parent whose parental rights to the child have not been terminated and
the person who has physical custody of the child has been named as parties to this
action.
WHEREFORE, Plaintiff requests the court to enter a custody Order regarding the
child.
Date: p?/o9
Ily submitted,
45fj,b Adams, Esquire
1. No. 79465
West South Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICATION
I verify that the statements made in this 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.
Date: 7 /-z- Aq
eh'awnnalker, Plaintiff
M.rTICE
OF THE PROTHONOTARY
7009 SEP -9 AM 10: 03
PENNSYlV,' NA.,
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SHAWN WALKER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
TIFFANY ERBACHER
DEFENDANT
2009-6129 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, September 11, 2009 , 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, October 09, 2009 at 9:30 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Hubert X. Gilroy, Es q.
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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
CAF ?HE "- V) 'APY
2009 5EP 14 d 10: 0 4
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SHAWN WALKER,
Plaintiff
VS.
TIFFANY ERBACHER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2009-6129
IN CUSTODY
COURT ORDER
AND NOW, this a 7 day of ') estive , 2009, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed as follows:
1. The father, Shawn Walker, and the mother, Tiffany Erbacher, shall enjoy shared legal
custody of Kaden E. Walker, born March 21, 2007.
2. The mother shall enjoy primary physical custody of the minor child.
3. The father shall enjoy periods of temporary physical custody of the minor child as
follows:
A. On alternating weekends from Friday at 10:00 a.m. until Sunday at 10:00
a.m. conditioned upon father being off work on the weekend.
B. For one day a week from 10:00 a.m. until 6:00 p.m. Father shall notify
mother by Saturday of each as to when he intends to exercise the one day of
temporary custody the following week.
C. At such other times as agreed upon by the parties.
4. Holiday schedule shall be as follows:
A. The Thanksgiving Holiday shall be alternated each year with the father
having Thanksgiving in 2009 and the parties alternating the full day thereafter
unless agreed otherwise by the parties.
B. Christmas Holiday shall be divided into two segments; Segment A shall be
from December 24 at noon until December 25 at noon, and Segment B shall
be from December 25 at noon until December 26 at noon. The parties shall
alternate these segments with mother having Segment A in 2009.
C. The parties shall alternate custody on the following additional holidays; New
Years Day, Memorial Day, July 4`h and Labor Day.
D. The mother shall always have custody on Mother's Day and the father shall
always have custody on Father's Day. This provision shall supercede any
other provision of the Order.
5. The parties shall work between themselves to insure that each of them have
meaningful time to celebrate the child's birthday if the child's birthday is on a
weekend. If the child's birthday is on a weekday, the non-custodial parent can
celebrate that child's birthday on one of the weekends before or after.
6. Each parent shall have the ability to enjoy two non-consecutive weeks of vacation
with the minor child during the summer months. The parties shall notify each other
at least thirty days in advance as to when they intend to exercise this vacation time.
7. The transportation for exchange of custody shall be handled with the party who has
custody of the child delivering the child to the other parent at the beginning of that
parents' custody time and then the custodial parent returning the child to the other
parent at the end of the custody time.
8. Neither parent shall smoke or be under the influence of alcohol when they have
custody of the minor child.
9. This Order is entered pursuant to an agreement reached by the parties at a Custody
Conciliation Conference. In the event the parties desire to modify this Order and can
reach an agreement, the parties may work under that modified agreement. Absent an
agreement, the terms of the Custody Order shall control. In the event the parties
desire to change the Custody Order, either party may petition the Court to have the
case again scheduled with the Custody Conciliator for a conference.
BY
Judge
cc: " J ne Adams, Esquire
?Alan Ross, Esquire
12101 'es r L, A CL
lv/a8/o?
-::ZtTj
SHAWN WALKER,
Plaintiff
VS.
TIFFANY ERBACHER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2009-6129
IN CUSTODY
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:
Kaden E. Walker, born March 21, 2007.
2. A Conciliation Conference was held on October 22, 2009, with the following
individuals in attendance:
The father, Shawn Walker, who appeared with his counsel, Jane Adams, Esquire, and
the mother, Tiffany Erbacher, with her counsel, Alan Ross, Esquire.
3. The parties agree to the entry of an Order in the form as attached.
Date: October?0 , 2009
6;x?)k -
Hubert X. Gilr , Esquire
Custody Co liator
ALED,04''i=iUc
OF THE: PP,3 FC)sN0TARY
2009 OCT 27 Fit 4: 0 4
SHAWN WALKER, • IN THE COURT OF COMMON PLEAS OF
Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA
v. • NO. 2009-6129
TIFFANY ERBACHER, • CIVIL ACTION-LAW
Defendant • IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
AND NOW, comes the Plaintiff, Shawn Walker, by and through his attorneys,
Baric Scherer, and respectfully represents as follows:
1. The Petitioner is Shawn Walker (hereinafter"Father"), an adult individual who
is represented in this matter by Michael A. Scherer, Esquire. Father resides at 4 East
Coover Street, Mechanicsburg, Pennsylvania, 17055.
2. The Respondent is Tiffany Erbacher (hereinafter"Mother"), an adult
individual who resides at 967 North Trindle Road Lot 16, Mechanicsburg, Pennsylvania,
17055.
3. The parties are the parents of one minor child: Kaden Walker, born March 21,
2007.
4. The current Order was entered October 27, 2009. A true and correct copy of
the current Custody Order is attached hereto as Exhibit "A."
5. This Order should be modified because: Father wants to be more involved in
the Child's life.
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WHEREFORE, Plaintiff requests your Honorable Court to grant him expanded
physical custody because it will be in the best interest of the Child.
Respectfully submitted,
BARIC SCHERER LLC
Date: 11 Z9 11`'t ofx"
Michael A. Scherer, Esquire
19 West South Street
Carlisle, PA 17013
(717) 249-6873
ID#61974
VERIFICATION
I verify that the statements in the foregoing Petition to Modify 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 unsw• falsificatio o a horities.
Date: /2/.3' '/3 ►
Shawn W.Iker
CERTIFICATE OF SERVICE
I hereby certify that on Al (Lr 222o14, I, Lauren McVaugh, secretary at
Baric Scherer, did serve a copy of the -tition to Modify Custody, by first class U.S. mail,
postage prepaid, to the party listed below, as follows:
Tiffany Erbacher
967 North Trindle Road Lot 16
Mechanicsburg, Pennsylvania 17055
Lauren McVaugh
SHAWN WALKER, • IN THE COURT OF COMMON PLEAS
Plaintiff • CUMBERLAND COUNTY, PA
•
Vs • No. 20nq_F1 79 CIVIL TERM
•
TIFFANY ERBACHER, • CIVIL ACTION - LAW
Defendant • IN CUSTODY
CRIMINAL RECORD /ABUSE HISTORY VERIFICATION
1, SHAWN WALKER , 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 Crime Self Other Date of Sentence
all that household conviction.
apply member guilty plea. no
contest plea or
pending charges
❑ 18 Pa.C.S. Ch. 25 El ❑
(relating to criminal
homicide)
m
r c
❑ 18 Pa.C.S. §2702 ❑ ❑ "ot ru
--+c4
(relating to 30, g
aggravated assault)
-4
❑ 18 Pa.C.S. §2706 ❑ ❑ `
(relating to
terroristic threats)
❑ 18 Pa.C.S. §2709.1 ❑ ❑
(relating to stalking)
❑ 18 Pa.C.S. §2901 ❑ ❑
(relating to
kidnapping)
❑ 18 Pa.C.S. §2902 ❑ ❑
(relating to
unlawful restraint)
❑ 18 Pa.C.S. §2903 ❑ ❑
(relating to false
imprisonment)
❑ 18 Pa.C.S. §2910 ❑ ❑
(relating to luring.
a child into a motor
vehicle or structure)
❑ 18 Pa.C.S. §3121 ❑ ❑
(relating to rape)
❑ 18 Pa.C.S. §3122.1 ❑ ❑
(relating to
statutory sexual
assault)
❑ 18 Pa.C.S. §3123 ❑ ❑
(relating to
involuntary deviate
sexual intercourse)
❑ 18 Pa.C.S. §3124.1 ❑ ❑
(relating to sexual
assault)
❑ 18 Pa.C.S. §3125 ❑ ❑
(relating to
aggravated
indecent assault)
❑ 18 Pa.C.S. §3126 ❑ ❑
(relating to
indecent assault)
❑ 18 Pa.C.S. §3127 ❑ ❑
(relating to
indecent exposure)
❑ 18 Pa.C.S. §3129 ❑ ❑
(relating to sexual
intercourse with
animals)
❑ 18 Pa.C.S. §3130 ❑ ❑
(relating to conduct
relating to sex
offenders)
❑ 18 Pa.C.S. §3301 ❑ ❑
(relating to arson
and related offenses)
❑ 18 Pa.C.S. §4302 ❑ ❑
(relating to incest)
❑ 18 Pa.C.S. §4303 ❑ ❑
(relating to
concealing death
of child)
❑ 18 Pa.C.S. §4305 ❑ ❑
(relating to dealing
in infant children)
❑ 18 Pa.C.S. §5902(b) ❑ ❑
(relating to prostitution
and related offenses)
El 18 Pa.C.S. §5903 ❑ ❑
(c) or (d)
(relating obscene
and other sexual
materials and
performances)
❑ 18 Pa.C.S. §6301 ❑ ❑
(relating to
corruptoion of
minors)
❑ 18 Pa.C.S. §6312 ❑ ❑
(relating to sexual
abuse of children)
❑ 18 Pa.C.S. §6318 ❑ ❑
(relating to
unlawful contact
with minor)
❑ 18 Pa.C.S. §6320 ❑ ❑
(relating to
sexual exploitation
of children)
❑ 23 Pa.C.S. §6114 ❑ ❑
(relating to contempt
for violation of
Protection order or
agreement)
Id 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
❑ A finding of abuse by a Children ❑ ❑
& Youth 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: ❑ ❑
3. Please list an 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:
5. If you are aware that the other party or members of the 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.
Sign
Printed Name
SHAWN WALKER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANO
V.
2009-6129 CIVIL ACTION LAW rnr �-- f=ru.
TIFFANY ERBACHER
IN CUSTODY .�� c
DEFENDANT •
-Ea
v c�
ORDER OF COURT ' +
AND NOW, Wednesday,January 29,2014 , 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 Friday, February 28,2014 9:30 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: Is/ Hubert X. Gilroy, Esq. . �T,
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 TELEP1lONE"TIE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
gegt,LL 32 South Bedford Street
���� Carlisle, Pennsylvania 17013
, Telephone (717) 249-3166
?
194-41 W. ALizezi
11261/16
SHAWN WALKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : 2009-6129 CIVIL ACTION - LAW
m ; :
TIFFANY ERBACHER, • r
Defendant : IN CUSTODY
PRIOR JUDGE: The Honorable Edward E. Guido <-
COURT ORDER
'^1
AND NOW,this .7 " day of March, 2014,upon consideration of the attached Custody
Conciliation Report, it is ordered and directed that this Court's prior Order of October 27,2009, shall
remain in place subject to the following modifications:
1. The father's alternating weekend custody shall be from Friday when the father shall
pick the minor child up at school until Sunday at 6:30 p.m. In the summer months,
father's pick up time starting the weekend shall be at 3:30 p.m with the drop off time
being 8:30 p.m. on Sunday.
2. The father shall also enjoy custody of the minor during the week,with week one being
for one evening and week two being for two evenings. The time frame shall be during
the school year from when the child is released from school when father shall pick the
minor child up until 7:30 p.m. During the summer months,the time shall be from 3:30
pm. until 8:30 p.m.
3. The Father shall have three weeks of vacation time in the summer which shall be non-
consecutive. During one of those weeks, father may work and it is understood that
father's parents may provide care for the child during the day. For the other two weeks,
it is understood that the father shall be off work during those weeks. The parties are
directed to notify each other as soon as they make any vacation plans during the
summer so that their vacations do not conflict with each other.
4. The father shall provide transportation for the exchange of custody with the
understanding that the mother shall insure that she is home with the child when the
scheduled pick up is set or the scheduled delivery time is set. This provision is based
upon the fact that the parties live less than two miles from each other, and father may
ask to revisit this issue in the future in the event there is any change of residence of
either of the parties or if father is running in to issues with the pick up.
5. It is understood that the provision with respect to weeknight visitation is being
implemented on a trial basis. Legal counsel for the parties shall conduct another
Custody Conciliation Conference which shall be via telephone with the Custody
Conciliator on Thursday, May 29, 2014, at 8:00 a.m. It is understood that if mother
feels that the weeknight's are not progressing appropriately, mother may request a
hearing at that time and, if a hearing is requested, the weeknight's shall revert to one
weeknight visitation per week pending the hearing.
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,
Edward E. Guido, Judge
cc: 4chael Scherer, Esquire
./Scott McPartland, Esquire
CQ Es 17? .t
3 /I
•
SHAWN WALKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : 2009-6129 CIVIL ACTION - LAW
TIFFANY ERBACHER, •
Defendant : IN CUSTODY
PRIOR JUDGE: The Honorable Edward E. Guido
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:
Kaden Walker, born March 21, 2007.
2. A Conciliation Conference was held on February 28, 2014, with the following
individuals in attendance:
The father,Shawn Walker,with his counsel,Michael Scherer,Esquire,and the mother,
Tiffany Erbacher, with her counsel, Scott McPartland, Esquire.
3. The parties agree to the entry of an Order in the form as attached.
Date: February c , 2014
Hubert X. Gilroy, quire
Custody Conciliator