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Home My WebLink About02-0605 NMJOSHUA ZERANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-605 CIVIL TERM LAURYNNE B. SHERMAN, : CIVIL ACTION - LAW `S', x Defendant : IN CUSTODY r- .<C-') DEFENDANT'S PETITION TO TRANSFER ACTION PURSUANT Pa.R.C.P.1006(d)(1) TO THE HONORABLE KEVIN A. HESS, JUDGE: AND NOW, comes Laurynne B. Sherman, n/k/a Laurynne B. Kauffman, Defendant above, by and through her attorney Nancy Schrum Searer, Esquire, and files this Petition pursuant to Pa.R.C.P.1006(d)(1) to transfer this civil action to the Court of Common Pleas of Perry County, Pennsylvania for the convenience of the parties and potential witnesses, for the following reasons: 1. Plaintiff is Joshua Zerance currently residing at 1687 Landisburg Road, Landisburg, Perry County, Pennsylvania, 17040. 2. Defendant is Laurynne B. Sherman, n/k/a Laurynne B. Kauffman, currently residing at 247 N. 4th Street, Newport, Perry County, Pennsylvania 17074. 3. The parties are the natural parents of Bethany Sherman, born July 16, 2000. am m• s r-,a a> 4. An Order was entered on March 5, 2004. A true and correct copy of said Order is attached hereto. Father has resided in Perry County since the entry of the Court's Order in 2004. 6. Mother and child have resided in Perry County since 2006. x rn rn C) --4 C) CD rn v 7. There are no other actions currently pending before the Court. WHEREFORE, Defendant requests this Court to transfer this action to the Court of Common Pleas of Perry County, Pennsylvania. Date: - k NANCY SCHRUM SEARER, ESQ. Attorney for Defendant Attorney ID #75917 315 North Market Street Port Royal, PA 17082 (717) 527-0252 MAR 0 4 2004 JOSHUA ZERANCE, Plaintiff V. LAURYNNE B. SHERMAN, Defendant HESS, J. - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-605 CIVIL TERM : CIVIL ACTION -- LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this day of March, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties are directed to resume a week-on week-off pattern of custody as described in this Court's Order of July 18, 2003, with custody in the Mother commencing Friday, March 12, 2004 at 5:00 p.m. 2. A hearing is scheduled on Father' Petition in Courtroom Number 4 of the Cumberland County Courthouse on the ` day of _ ? ? 3 U y 2004, at o'clock _&.M., at which time testimony will be tak . For the purposes of the hearing, the Father, Joshua Zerance, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: -Kz..eI n A. Hess, J. Dist: P. Richard Wagner, Esquire, 2233 North Front Strdet, Harrisburg, PA 17110 Samuel L. Andes, Esquire, P.O. Box 168, Lemoyne, PA 17043 TRUE COPY FROM RECORD in Teadmany whereof, t here unto set my hand and ee/1 said Cou at 8rliste, Par, This 3 g y of k_, n 33 0p,v?4 ALED-OF - CE OF THE PROTH&NOTARY 2004 MAR -5 PM 3: 52 ?'?Cl\d?\ a I MAR 0 4 2004. JOSHUA ZERANCE, Plaintiff V. LAURYNNE B. SHERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-605 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 THE CUSTODY OF Bethany Sherman July 16, 2000 Father 2. A Custody Conciliation Conference was scheduled at, Father's request and held on March 1, 2004. Attending the conference were: the Father, Joshua Zerance, and his counsel, P. Richard Wagner, Esquire; the Mother, Laurynne B. Sherman, and her counsel, Samuel L. Andes, Esquire. 3. Father's sition on custody is as follows. Father reports that the parties had shared physical custody until a time in mid-Summer 2003 when Mother's new husband, Peter Moore, assaulted the couple's infant son. At that time, the infant required acute care hospitalization and by mutual agreement, primary custody of Bethany was temporarily shifted to the Father. Mr. Moore has subsequently been charged, convicted and sentenced on the assault. He has been sentenced to six to twelve years and remains incarcerated in a county facility pending placement in the State Correctional System. After the issue of danger to Bethany was resolved by Mr. Moore's arrest, Mother requested that they restore the week-on week-off shared custodial plan. The parties went to Deborah Salem at Interworks and for some period of months agreed to live outside the terms of the July 18, 2003 Custody Order. At the last of the parties' sessions with Deb Salem, the parties agreed to custodial time from Wednesday through Sunday on alternating weeks. When the parties could not agree to move beyond that, Ms. Salem recommended the parties consider returning to Dr. Schneider who had done a previous custody evaluation. Father acknowledges that the parties returned to Dr. Schneider and that he wrote a letter on December 19, 2003, containing a recommendation. However, as his counsel points out, Dr. Schneider's services did not constitute a complete custody evaluation at that time nor did NO. 02-605 CIVIL TERM the report indicate that he believed a return to shared physical custody was in the child's best interest. Father believes that the present custodial schedule is working well as it is. He does not want to return to the shared physical custody schedule. He points out that his wife is a stay-home mom and that maintaining primary custody with him would allow the parties not to have the child in daycare. Father reports that he continues to have difficulty with trusting Mother. He made reference to there having been other changes that lead him to believe that a return to the shared physical custody schedule would not be good. However, he declined to disclose that information to the Conciliator. Father continues to reside in Elliotsburg, Perry County. He works from 5:30 a.m. to 4:00 p.m. or 5:00 p.m. Monday through Thursday. 4. Mother's position on custody is as follows: Mother reports that she tried to work in a mediation style format with the Father to work toward a return to the shared custody schedule that they had been following prior to the crisis. Mother points out that she has not lived with Mr. Moore and that the child has not had any contact with him since the assault. Mother resides with her father and is working outside the home from 9:00 a.m. to 5:00 p.m. Monday through Friday. Since the expiration of the six (6) week period during which the parties agreed to follow the schedule providing Mother with custody Wednesday through Sunday on alternating weeks, Mother has not been able to obtain Father's willingness to expand her custodial time. Mother presents the December 19, 2003 letter from Dr. Schneider containing his recommendation to return to a week-on week-off schedule. She asked that the Court's present Order of July 18, 2003 be followed pending a hearing before the Court. She indicates that since the expiration of the plan to live outside the Order on September 16, 2003 which was to be of six (6) weeks duration, that the physical custody arrangement has not been one of mutual agreement. 5. At the Conciliation, counsel for Mother argued that the July 18, 2003 Order was still in effect and that Father should therefore be directed to follow this Order pending a hearing. Father's attorney argued that the parties have, by their conduct, changed the Agreement and that the status quo which the parties developed through their work with Ms. Salem at Interworks should continue in the interim and pending hearing. 6. Because the parties do not have an agreement with regard to what should be the physical custodial schedule, a hearing will be requ' ather's Petition. Da a Melissa Peel Greevy, Esquire Custody Conciliator :225032 RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Receipt Date 3/23/2011 Carlisle, Pa 17013 Receipt Time 10:27:18 Receipt No. 256958 Case Number 2011-99999 (VS) Received of PD CASH LJC Total Non-Cash..... + .00 Total Cash......... + 7.00 Change ............. - .00 Receipt total...... _ $7.00 ------------------------ Distribution Of Payment ------------------------ Transaction Description Payment Amount COPIES 2.00 CUMBERLAND CO GENERAL FUND CERTIFY 1ST PG 5.00 CUMBERLAND CO GENERAL FUND $7.00 JOSHUA ZERANCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-605 CIVIL TERM LAURYNNE B. SHERMAN, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nancy Schrum Searer, Esquire, hereby certify that service of the foregoing Petition was made upon the persons indicated below by mailing a true copy addressed as follows: Joshua Zerance 1687 Landisburg Road Landisburg, PA 17040 - 0?r ?- Nancy Schrum Searer, Esquire Date: q- I j JOSHUA ZERANCE, Plaintiff V. LAURYNNE B. SHERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c7 C NO. 02-605 CIVIL TERIVb3 rnCo CIVIL ACTION - LAW Zrn IN CUSTODY <C? RULE ao b? -C AND NOW, this r i7 day of Hr , 2011, upon N Cr ?o. N s. a W 0 consideration of the foregoing Petition, and upon motion of Nancy Schrum Searer, ?o -^f p b Esquire, Attorney for Defendant, a rule is issued upon the Plaintiff to show cause why this action should not be transferred to the Court of Common Pleas of Perry County, Pennsylvania, pursuant to Pa.R.C.P.1006(d)(1). All proceedings to stay meanwhile. Said Rule is returnable on the day of u , 2011,ae _Z"In writing, 'ice F r an oun o , 4-C.ourt House vania 17013. BY THE COURT: NMY &Vlrum &Werteel Joshua Z znyw. , PI f CO 41 ?aI p?B J. ort AdmimsthAAim -in bin y Nafey & Serer LAW 310 04i SL Pb" Mra. PA 170Y: JOSHUA ZERANCE, Plaintiff V. LAURYNNE B. SHERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-605 CIVIL TER WW :- N CIVIL ACTION - LAWy IN CUSTODY <o -v v c- z cs MOTION RENDERING RULE OBSOLETE _< --I i iP o-? 1. On or about April 6, 2011, defendant filed a petition to transfer the within action to the Court of Common Pleas of Perry County. 2. In response, on April 12, 2011, the Court issued a Rule to Show Cause on the Plaintiff to show cause why the within action should not be transferred. 3. The Plaintiff has failed to respond to the Rule. 4. Accordingly, the Defendant requests that the Court render said rule obsolete and transfer the within action pursuant to Pa. R.C.P. 1006 (d) (1). WHEREFORE, Defendant respectfully requests that the Court render said rule obsolete and transfer the within action pursuant to Pa. R.C.P. 1006 (d) (1). Date: / ' - V 0 - NANCY SCHRUM SEARER, ESQ. Attorney for Defendant Attorney ID #75917 315 North Market Street Port Royal, PA 17082 (717) 527-0252 I verify that the statements made in this Motion are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: NANCY SCHRU EARER, ESQ. &S"rw 315 M. u 3*. JOSHUA ZERANCE, Plaintiff v. LAURYNNE B. SHERMAN, Defendant IN "i HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-605 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Nancy Schrum Searer, Esquire, hereby certify that service of the foregoing Petition was made upon the persons indicated below by mailing a true copy addressed as follows: Barb Wevodau 26 E. Main Street P.O. Box 459 New Bloomfield, PA. 17068 Joshua Zerance 1687 Landisburg Road Landisburg, PA 17040 Date: Nancy Schrum Barer, Esquire 7? r4mr & S""W 31 Nl?. MrMetu ?S? Mllryr.reIWW . 3 r Q" JOSHUA ZERANCE, : IN THE COURT OF COMMON Plaintiff : PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-605 CIVIL TERM c-) LAURYNNE B. SHERMAN, : CIVIL ACTION - LAW -03 = -+ Defendant : IN CUSTODY z ? Wrl ? c? ° -x ? ORDER r ° - ?o o i? 2Q o- i AND NOW, this day of -CIAO , 2011, upon considat0n -4 V F of Defendant's Petition to Transfer pursuant to Pa. R.C.P.1006(d)(1), and it appearing that the convenience of the parties and the witnesses would be served thereby, it is hereby ORDERED that the action is transferred to the Court of Common Pleas of Perry County. It is further ORDERED that the Prothonotary shall forward the record to the Prothonotary of the Court of Common Pleas of Perry County as provided under Pa. R.C.P. 1006(d)(3), upon payment by Defendant of all costs and fees therefore. BY THE COURT: Naftr s. seam 313 N. aq *I mark St, Pnft7*M17M. cc: /Nancy Schrum Searer, E ,/Joshua Zerance, Plaintiff Barb Wevadau, Esquire Court Administration File LI coep0/X46