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HomeMy WebLinkAbout02-0229JOY A. LEIDICH, ERIC A. LEIDICH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW CUSTODY/VISITATION :NO. ~c~-C~q CIVIL TERM COMPLAINT FOR CUSTODY 1. The Plaintiff is Joy A. Leidich residing at 16 Deadend Lane, Cumberland County, NAME Kirsten N. Leidich 16 Deadend Lane Shippensburg, PA 17257 And 190 Mohn Road Shippensburg Mobile Estates Shippensburg, PA 17257 The child was not bom out of wedlock. The child is presently in the custody of father, Eric A. Leidich. During her life, the child has resided with the following persons and at the following addresses: NAME Eric A. Leidich, Charmony (last name Unknown) & her two children ADDRESS 190 Mohn Road Shippensburg Mobile Estates Shippensburg, PA 17257 DATES January 15, 2002 to present 6/2/99 2 yrs 7 months Shippensburg, PA 17257. 2. The Defendant is Eric A. Leidich, residing at 190 Mohn Road, Shippensburg Mobile Estates, Cumberland County, Shippensburg, PA 17257. 3. Plaintiff seeks custody of the following child: RESIDENCE DOB AGE Shared between Joy A. Leidich Eric A. Leidich Joy A. Leidich Eric A. Leidich 16 Deadend Lane Shippensburg, PA 17257 And 190 Mohn Road Shippensburg Mobile Estates Shippensburg, PA 17257 7500 Molly Pitcher Highway, Lot 14 Shippensburg, PA 17257 May 2001 to January 15, 2002 June 2, 1999 to May 2001 The mother of the child is Joy A. Leidich, currently residing at 16 Deadend Lane, Shippensburg, PA 17257. She is married. The father of the child is Eric A. Leidich, currently residing at 190 Mohn Road, Shippensburg Mobile Estates, Shippensburg, PA 17257. He is married. 4. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: Bill and Peggy Gehrett, Plaintiff's mother and father Ashley Singer, Plaintiff's daughter and Terrence Fowler, friend 5. The relationship of the Defendant to the child is that of Father. The Defendant currently resides with the following persons: Charmony (last name unknown) and her two children. 6. 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. 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. The best interest and pe,manent welfare of the child will be served by granting the relief requested for the following reasons: Plaintiff has undertaken and performed the primary parental responsibilities for the child; and B. Plaintiff is best able to provide the care and nurture which the child needs for healthy development; and C. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. D. A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. E. Defendant has suddenly and unilaterally broken the shared custody arrangement that was in place. F. Defendant has refused to communicate with Plaintiff about custody issues. 8. 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, Plaintiffrequests the Court to grant custody of the child to Plaintiff subject to partial custody by the Defendant. Respectfully submitted, ANDREWS & JOHNSON By: ~ A~tttfmey for Plaintiff 78 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 243-0123 COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I verify that the statements made in the foregmng 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: JOY A. LEIDICH, ERIC A. LEIDICH, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : CUSTODY/VISITATION : NO. 0 ~- ~ C~ CIVIL TERM MOTION FOR EMERGENCY RE!,IEF MAINTAINING THE STATUS Q~O BY ORDERING SHARED PHYSICAL CUSTODY PENDING THE CONCILIATION CONFERENCE OR FURTHER ORDEIt Plaintiff, Joy A. Leidich, by her attorney, Taylor P. Andrews, Esquire, respectfully represents: 1. Plaintiffhas filed a Complaint for Custody simultaneous with the filing of this Motion. A copy of the Custody Complaint is attached hereto Exhibit 1. 2. All averments in Plaintiff's Custody Complaint are incorporated herein by reference. 3. From the time that the Plaintiffand Defendant separated in late May 2001 until Tuesday January 15, 2002 Plaintiffand Defendant coordinated the custody of their daughter, Kirsten N. Leidich by agreement in such a way as would enable each parent to pursue employment and/or school. This resulted in a shared custody arrangement with the actual amount of time spent by Kirsten N. Leidich with each parent approximately one halfa week but changing over time. 4. By refusing to give Plaintiff custody ofKirsten N. Leidich on Tuesday January 15, 2002 Defendant, Eric A. Leidich, suddenly, unilaterally, and without advance notice, interrupted the established shared custody arrangement. 5. Plaintiff seeks to reestablish the shared custody arrangement pending a conciliation conference which shall be scheduled in response to Plaintiff's Custody Complaint. 6. The schedule of custody for Plaintiff that would most closely approximate the schedule which was in place prior to Defendant's unilateral action would be for Plaintiff to have Kirsten N. Leidich each Tuesday from 12:30 p.m. through Friday morning at 7:00 a.m., and each Sunday from 2:00 p.m. until Monday 7:00 a.m. Plaintiff seeks a Court Order establishing this shared custody arrangement pending a Conciliation Conference. 7. It will be in the best interest ofKirsten N. Leidich for the Court to enter an emergency Order of Temporary Custody as requested by Mother. WHEREFORE, Plaintiff prays your Honorable Court to enter a temporary Order granting Plaintiff custody of Kirsten N. Leidich each week from Tuesday 12:30 p.m. through Friday 7:00 a.m. and on each Sunday from 2:00 p.m. through Monday at 7:00 a.m, Defendant, Eric A. Leidich to have custody of Kirsten N. Leidich at all other times. This Order should continue until modified by subsequent Court Order. Respectfully submitted, ANDREWS & JOHNSON By:_ 78 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 243-0123 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I verify that the statements made in the foregmng 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 fhlsification to authorities. JOY A. LEIDICH, ERIC A. LEIDICH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : CUSTODY/VISITATION : : NO. CIVIL TERM ORDER OF COURT AND NOW, January _ ,2002, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2002, at o'clock, .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 ora temporary or permanent order. FOR THE COURT: By:. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For 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 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 Asssociation 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 JOY A. LEIDICH, Vo ERIC A. LEIDICH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION ~ LAW : CUSTODY/VISITATION : NO. CIVIL TERM COMPLAINT FOR CUSTODY The Plaintiff is Joy A. Leidich residing at 16 Deadend Lane, Cumberland County, Shippensburg, PA 17257. 2. The Defendant is Eric A. Leidich, residing at 190 Mohn Road, Shippensburg Mobile Estates, Cumberland County, Shippensburg, PA 17257. 3. Plaintiff seeks custody of the following child: NAME RESIDENCE Kirsten N. Leidich 16 Deadend Lane Shippensburg, PA 17257 And 190 Mohn Road Shippensburg Mobile Estates Shippensburg, PA 17257 The child was not bom out of wedlock. .DOB AGE 6/2/99 2 yrs 7 months The child is presently in the custody of father, Eric A. Leidich. During her life, the child has resided with the following persons and at the following addresses: NAME Eric A. Leidich, Charmony (last name Unknown) & her two children ADDRESS 190 Mohn Road Shippensburg Mobile Estates Shippensburg, PA 17257 DATES January 15, 2002 to present Shared between Joy A. Leidich Eric A. Leidich Joy A. Leidich Eric A. Leidich 16 Deadend Lane Shippensburg, PA 17257 And 190 Mohn Road Shippensburg Mobile Estates Shippensburg, PA 17257 7500 Molly Pitcher Highway, Lot 14 Shippensburg, PA 17257 May 2001 to January 15, 2002 June 2, 1999 to May 2001 The mother of the child is Joy A. Leidich, currently residing at 16 Deadend Lane, Shippensburg, PA 17257. She is married. The father of the child is Eric A. Leidich, currently residing at 190 Mohn Road, Shippensburg Mobile Estates, Shippensburg, PA 17257. He is married. 4. The relationship of the Plaintiffto the child is that of Mother. The Plaimiffcurrently resides with the following persons: Bill and Peggy Gehrett, Plaintiff's mother and father Ashley Singer, Plaintiff's daughter and Terrence Fowler, fi-lend 5. The relationship of the Defendant to the child is that of Father. The Defendant currently resides with the following persons: Charmony (last name unknown) and her two children. 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 ora 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. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: A. Plaintiffhas undertaken and performed the primary parental responsibilities for the child; and B. Plaintiff is best able to provide the care and nurture which the child needs for healthy development; and C. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. D. A Court ordered ' · · · determination of custody ~s required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. E. Defendant has suddenly and unilaterally broken the shared custody arrangement that was in place. F. Defendant has refused to communicate with Plaintiff about custody issues. 8. 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, Plaintiffrequests the Court to grant custody of the child to Plaintiffsubject to partial custody by the Defendant. Respectfully submitted, ANDREWS & JOHNSON T~)lo~..gmdrews, Esquire Attrfmey for Plaintiff 78 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 243-0123 COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I verify that the statements made in the foregoing 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: JoyC.L..~._~laintifi- - __ JOY A. LEIDICH, ERIC A. LEIDICH, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : CUSTODY/VISITATION CIVIL TERM ORDER OF COURT AND NOW, this It,' day of January 2002 in consideration of the attached Motion for Emergency Relief, the Plaintiff's request for a temporary Order of shared custody is granted. Plaintiff, Joy A. Leidich shall have physical custody of Kirsten N. Leidich each week from Tuesday at 12:30 p.m. until Friday at 7:00 a.m. and each Sunday from 2:00 p.m. until Monday 7:00 a.m. Defendant Eric A. Leidich shall have physical custody of Kirsten N. Leidich at all other times. This Order is a temporary Order pending~h~ BY THE COURT, CC: Taylor P. Andrews, Esq. ~O~,~^at¢ Eric A. Leidich t2o[~,l~.l'h~l[~ ;Conciliator ERIC A. LEIDICH PLAINTIFF V. JOY A. LEft)ICH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~',~ CIVIL ACTION LAW IN CUSTODY AND NOW, Friday, January 25, 2002 , 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 08, 2002 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ora 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 THE COURT, By: Isl 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. Ail 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166