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HomeMy WebLinkAbout01-2849 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TROY A. ECKENRODE, : CIVIL ACTION - LAW Plaintiff : : v. : NO. 2001- : LORETTA L. SHERIFF, : Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Troy A. Eckenrode, 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. Plaintiffseeks custody of the following child: NAME PRESENT RESIDENCE AGE Kerstin N. Sheriff 204 Firehouse Road 4 Shippensburg. PA 17257 (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 ADDRESS DATE Troy A. Eckanrode 313 Walnut Dale Road May 20, 1997 (birth) Loretta L. Sheriff Southampton Township to February 26. 2001 Cumberland County Shippensburg, PA 17257 Loretta L. Sheriff 204 Firehouse Road February. 26. 2001 to Arlene Sheriff, Grandmother South Newton Township Present Leroy Sheriff, Grandfather Cumberland County Shippensburg. PA 17257 The mother of the child is Loretta L. Sheriff, currently residing at 204 Firehouse Road, Shippensburg. South New~on 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 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 RELATIONSHIP Kerstin M. Sheriff Daughter Arlene Sheriff Defendant's Mother Leroy Sheriff Defendant's Father 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 intbmmtion of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know ora 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. Plaintiffhas 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 l'hther the child has known and has acted in the capacity of 'bin 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 Plaintiff's rights of partial custody. 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 ADDRESS None BASIS OF CLAIM WHEREFORE, Plaintiffrequests the Court to grant both legal and primary residential custody of the minor child to the Plaintiff. WEIGLE. PERKINS & ASSOCIATES~ By: J.[Itry A. W~e. Esquire [ '~ .,,/ Attorney tbr Plaintiff ] ] I.D.#01~24 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 VERIFICA'FION true and correct. I } in thc foregoing Complaint for Custody ar(~s. 4q04. relating to ,~ I verifY that the statements made to ibc penalties of 15 Pa. ~ understand that false statements herein are made subject. unswom falsification to authorities. /~ ",[ d~':--'~ ........ : IN THE COURT OF COMMON pLEAS OF TP, OY A. EcKENRODE : cuMBERLAND CouNTY, PENNSYLVANIA PLAINTIFF V. LoRET~A L. sHEKIFF : 01-1849 CIVIL ACTION LAW DEFENDANT : : IN cuSTODY consideration of the attached Complaint, AND NOW, Frida , Ma 18, 2001 , upon . · it is hereby directed that parties and their respective counsel appear beforeS' the concthator, at ~un Courthouse, Carlisle on Wednesda, June 13, 2001 ~ at ~:3.~_~0_~_0 a.m. for a pr~-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 eonference' Failure to appear at thc conference may provide grounds for entry of a temporary or permanent order, and all existing protection from Abuse orders, The court hereby directs the parties to furnish any scheduled hearing. Special Relief ordeFs, and CustOdy oFdera to the conciliator 48 hours prJoF tO FOR THE CouRT, By: Custody Conciliator The Court of Common Picas of Cumberland County is requi~d bY law to comply with the disabled individuals having business before the court, please contact our office. Americans with Disabilites Act of 1990. For information about accessible facilities and r~asonable yon must accommodations available to All arrangements must be made at least ';2 hours prior to any hearing or business before the court. attend thc scheduled conference or hearing. YOU SHOULD TAKE THIS pAPER TO YOUR ATTORNEY AT oNCE. IF YOU DO NOT HAVE AN ATTORNEY OK 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 : IN THE COURT OF COMMON PLEAS OF BETZI A. MORRISON, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : NO. 01-2849 CIVIL ACTION - LAW V. . GIANT FOOD STORES, INC. and : FALK US PROPERTY INCOME FUND, : Defendants : jURy TRIAL DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of the 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. MARTSON DEARDgggF WiLLiAMS OTTO - Ge'/~ge B. Failer, jr., ~mqu Ten East High Street ' Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Giant Food Stores, Inc. and Falk US Property Income Fund Dated: May 21, 2001 RULE AND NOW, this a 5 day of ')~ , 2001, a Rule is issued upon the Plaintiff to file a Complaint within twenty (20) days from service hereof. Prothonotary CERTIFICATE OF SERVIC~E_ I, Tricia D. Eckem'oad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013-3222 MARTSON DEARDORFF WILLIAMS & OTTO 7 Carlisle, PA 17013 (717) 243-3341 Dated: May 21, 2001 CUMBERLAND COu~, - CIVIL ACTION - LAW TROY A. ECKENRODE, : Plaintiff : : 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 LoreCta L. Sheriff, the Defendant, by personally handing a copy of the Complaint in Custody to her, on ., 2001 at ~___~q _o'clock _g_.m. the D~,~ day of I~ Dated:~ ~ON AL]>.L.~FLAOLE, II Subscribed and sworn to before me the undersigned Notary Public on the o~hday of~ ,2001. · ' ~' - -' .~,~" ~,~:' J -'~,~n' "'Ti~I,UOliI,~i- . ' · ~ ,..::~. ,,,,,,, e,, ~.~~;~.....~,.....~., ~' .~..-' ........ ~.?~ ~;~.~,. ,. :....:~ · ~~ -~--MON pLEAS OF : IN TH~ coURT OF TROY A. ECKENRODE : cUMBERLAND couNTY, pENNSYLVAN[A PLAINTIFF V. Lo~A L. SHERIFF : 01-284~ CIVIL ACTION LAW DEFENDANT : IN CUSTODY ~rida, May 18. 2001 . upon consideration of thc atmch~ Complaint, AND NOW. ~ ~ apl~ar beib~~' thc coociliator. it is hereby directed that panics and their respective coun~l o~Wtdn~'. June I~ 2001 a~ ~.m. at ~n~o~, ~disle for a prc-llearing Cust~Y Confer~ce. A~ such coalesce, an effort will be made to re~lve the issues in dispute: or if ~hia cannot be accomplished, to de,ne and na~ow the issues to hc heard by the couP. and to enter intn a temporn~ order. All children age ~ve or older may al~ be p~nt at the coat, fence. Failure ~o appear at the conference may provide ground~ for ~ of a tempom~ ~ perm~ent o~. and all existing protection from Abuse orders. The court hereby dire~S lhe pa~ies to furnish any Special Relief orders, and Custody orders to the conciliator 48 hour~ prior to scheduled hearing· FOR THE COURT. B · /s/ y.~' of Cumb~land Coun~ is requi~d by law m c~ply ~th t~ F~ info~ation about accessible facilities ~d ~asonable ~e Cou~ of Comm~ Pleas co~, plebe contact our office. Am~C~a with Disn~li~s Act of 1990. accommodations available to diaabl~ individuals ~ving business bef~ the All a~ngements mu~t be made at leas~ 72 hou~ p6or to ~y hen~ng ~ b~iness befo~ ~e couP. You a~d ~he achedul~ conf~ce or he~ng. AT ON~. IF YOU ~ NOT YOU SHOED T~ ~IS p~ER TO YOUR A~OR~Y HAVE ~ A~o~Y OR CA~ ~O~ O~, GO TO OR ~LEPHONE ~E OFFICE SET FOK~ BELOW TO F~ oUT ~E~ YOU CAN GET LEGAL HELP. C~b~l~d Coun~ Bar As~ciati~ 2 Lib~ Avenue C~lisle. p~sylvanin 17013 Tel~hone (717) 249-3166 TRUE C~PY FR~ ~ RECORD and the s~al of ~id Cour~ at Car:~e, : ~~.....~...~-~ ' ~" --~ Protho~ta~ IN THE cOURT OF coMMON PL,E. AS OF CUMBERLAND coUNTY, pENNS~ LVANIA CIVIL ACTION - LAW TROY A. ECKENRODE, Plaintiff : : NO. 2001- LORETTA L. SHERIFF, : IN cUSTODY ._.. -'-. Defendant : ~ '" COMPLAINT FOR CUSTODY i' . : . A. Eckcnrode, an adult individual, presently rcsidin~ at 313' W.'drett l);dc IJ77.57. I. Thc Plaintiff is Troy Southarepton Township, Curebcrland County, Pcnnsvlvimia Road. Shippcnsburg, · 2. 'thc Defendant is Lorctta L. Sheriff, an adult individual, presently residing a} ~04 ,Firehouse Road. Shippcnsburg. South Newton Township. Curebcrland Count)'. Pcnnsylvama 172~7. Plaintiff seeks custody of the following child: · PRESENT RESIDEN('E 4 NAME 204 Firehouse Road (born May _0. Kcrstio N. Sheriff Shippensburg- PA 17257 The child was born ont Of wedlock. Thc child is presently in the custody of Loretta L. ShcritI. who resides at 204 Firehouse Road. Shippcnsbum- Cumberland County, Pennsylvania Since birth, thc child has resided with thc following persons and tit thc following addresses: DATE ADDRESS Ma)' 20. 1007 (birth~ NAME 313 Walnut Dale Road to February 26. 2001 Troy A. Eckcnrode Southarepton Township Lorctta L. Sheriff Cureberland County Shippensburg. PA 17257 FebruaO' 26. 2001 to 204 Firehouse Road Present Loretta L. Sheriff South Newton Township Arlene Sheriff- Grandmother Curebcrland County Lcroy Sheriff- Grandfather Shippensburg- PA 17257 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, last known to reside in Frederick. whose exact whereabouts are unknoWn to the plaintiff. The natural father of the child is Brian Evans who was Ma~'land. but 4. The ~relationship of plaintiff to the child has been that of t'ather 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 Defendaot currentlY resides with the following persons: RELATIONSIIIP NAME Daughter Kcrstin M. Sheriff Defendant's Mother Arlene Sheriff Defendant's Father Lcroy Sheriff - 6. Plaintiff has not participated as a party or witness, or in another capacity, in other lifiuation conccming thc custody of the child in this or another court. Plaintiff' has oo ioformation of a custody proceeding concerning thc child pending in a court of this Commonwealth. who has physical custody of to thc child. Plaintiff does not know of a person, not a party to thc proceedings- thc child or claims to have custody or visitation rights with respect Plainti ff has been held out as father of thc child in thc .~hippcnsburg community and has acted as t'athcr of thc child since birth. ' of"in Ioco" since 8. Plaintiff is thc onh' father the child has known and has ac~ed in thc capacitY ' 26. birth. O. The Defendant has xxrongfully excluded the Plaintiff from seeing the child since February relief 2001. - 10. The best iotcrest and permanent welfare of the child will be served by ,,ranting the requested because thc parties currently do not have a regular schedule t'~r the exercise of Plaintiff's rights of partial custody. I has All other persons, named Each person whose parental rights to the child have not been terminated and the person who child have b~en named as parties to this action, given I I. physical custody of the or claim a right to custody or visitation of the child will be beio,,'. ,¥ho are known to have · intervene: notice of the pendency of this action and the right to ' BASIS OF CLAIM ADDRESS NA~tE residential custody of None wHEREFORE' Plaintiff requests the Court to grant both legal and primaq' ~hc minor child to the plaintiff. WEIGLF- PERKINS & AssOCIATES Attorney for Plaintiff 1.D.#01624 126 East King Street Shippensburg. PA 17257 · "17 5~9-735g Tclcphnn~ ' ' ' - , FiCATIOI~ Vi~RI - - true and correct. I xcmcnts made in thc foregoing Complaint for CustottY m~ · L_~remade subjcct to thc penaltzcs of lS Pa CS 4904, rclaungt° TROY A. ECKENRODE : IN THE COURT OF COMMON PLEAS OF ' : CUMBERLAND COUNTY,PENNSYLVANIA plaintiff :NO. 2001-2849 CIVIL TERM V. :CIVIL ACTION - LAW LORETTA L. SHERIFF, Defendant : : IN CUSTODY ORDER OF COURT · 2001, upon AND NOW, this ~ ~ {q~day of ~rd~red and directed as consideration of the attac~°dy Conciliation Rep , follows: 1. The Conciliation Conference scheduled for June 22, 2001 is hereby continued generally· . Sheriff, sbail file Preliminary Objections Counsel for Mother, Lore~a_L · ' ' n Conference raising the issue of 2. (,20) days from the date of the Conmhatio within twenty standing of the Plaintiff. Counsel for Plaintiff, Troy A Eckenrode, shall attempt to Io.c. ate and.serve 3. Father. Brian Evans, with the custody complaint and other pleadings..Morner the natural . · · she may have concermng shall cooperate with Plaintiff in providing any information Father's whereabouts· the Custody Conciliator to .schedule .another Either party may contact .... n...ll,.~inarv Objections are disposed of. 4. ~ ~ ..... if necessary, once Tnt r,~l, ....... , - Conciliation conlemn~v, -- BY THE COURT, cc: Jerry A. Weigei, Esquire, Counsel fo.r.Pi ' JUN 2 6 2001 TROY A. ECKENRODE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : V. : 2001-2849 CIVIL TERM : LORETTA L. SHERIFF, : CIVIL ACTION - LAW Defendant : : 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. Weig¢l, Esquire, and the Mother, Loretta L. 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 Plaintiff's position was that he had acted in Ioco parentiz' to the child since birth, while living with the Mother. 4. Mother's position was that the Plaintiff lacked 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 tbrn~ as attached, continuing the Conciliation Conference to give the Plaintiffan opportunity to serve the natural Father and to give Mother twenty (20) days to file Preliminary Objections raising the issue of standing of the Plaintiff. Date ~/acqu~[ine M. Verney, Esquire ~" Custody Conciliator :iN THE COURT OF cOMMON PLEAS TROY ECKENRODE, Plaintiff :OF CUMBERLAND COUNTY. pENNSYLVANIA : :CIVIL ACTION :NO. 01-2849 LORETTA L. SHERIFF, Defendant : :iN CUSTODY ~IONS TO C sTODY oMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: Defendant, Loretta L. 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. 18, 2001, the Court issued a Temporary Order that provided that a 2. On May 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, 2001. 5. Plaintiff is an unrelated third party to Kerstin N. Sheriff. 6. Plaintiff has not established primafitcie right to custody in that he has n~ot 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. 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. · not living with I I. Plaintiff was not present at the birth of Kerstin N. Sheriff. and was 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. Defendant also asserts that Plaintiff did not hold himself out to be the father to 13. 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 t~ot in the best interest of the child. 15. The Plaintiff lacks standing to pursue m~ action for primary physical and legal custody of the Defendant's child. 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 BRADFORD ORR Attorney for Defendant 50 East High Street Carlisle, PA 17013 Supreme Court ID No.: 71786 :1~1 THE COURT OF COMMON PLEAS OF TR~D¥ EKE~RODE, Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION :NO. 01-2849 LORETTA SHERIFF, :IN cUSTODY Defendant CERTIFICATE OF SERVICE I hereby certif?' 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: .}ero' A. Weigle WEIGLE, PERKINS & ASSOCIATES 126 East King Street Shippensburg. PA 17257-1397 Paul Bradford Orr. Esq. · shed a pri~ ~' · - es~bh --~no~ child s~nCe . e pX~n~ sntis to the ~'c~. o~ thc m~° ~xGL A~o ~26 East. ShippeuS~OU~g, VERI FI('ATION I verify that the statements made in tl~c foregoing Plaintiff's Answer to Defendant's Preliminary Objections to Custody Complain! are true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. 4904. relating to unsworn falsification to authorities. I!IIIIIIIIIIIII lllIi IIIIIIII~I,~, ..... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TROY A. ECKENRODE, : CIVIL ACTION - LAW Plaintiff : : v. : NO. 2001-2849 : LORETTA L. SHERIFF, : Defendant : IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : Jacolyn J. Moose, being duly sworn according to law, deposes and says that on July 20, 2001, a copy of Plaintiff's 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 a',~olyn J. M~se f,~/ .... Sworn to and subscribed before me this b~OU'day of July, 2001. Notary Public noW~alSeal I _. PalrfclaLTome, nolmyPuldb I u~~Ou~~ I 7 Holier : IN THE coURT OF coMMON pLEAS OF BETZI A. MORRISON, cUMBERLAND coUNTY, pENNSYLVANIA Plaintiff : 01-2849 CIVIL TERM V. : GIANT FOOD STORES, INC.,CIVIL ACTION - LAW and FALK US PROPERTY : : JURY TRIAL DEMANDED INCOME FUND, Defendants : ~N RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Holier, 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 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