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HomeMy WebLinkAbout02-0605JOSHUA ZERANCE, Plaintiff, V. LAURYNNE B. SHERMAN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · IN CUSTODY COMPLAINT FOR SHARED LEGAL AND PARTIAL PHYSICAL CUSTODY AND NOW, comes the Plaintiff, Joshua Zerance, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and files the following Complaint for Shared Legal and Partial Physical Custody: 1. The Plaintiff, Joshua Zerance, is an adult individual currently residing at R.R. #1, Box 249, Elliottsburg, Perry County, Pennsylvania. 2. The Defendant, Laurynne B. Sherman, is an adult individual currently residing at 851 E. Louther Street, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are the natural parents of Bethany Sherman, born July 16, 2000. 4. The child was bom out of wedlock. 5. In the last five years, the Plaintiff is aware that Bethany has resided with her mother at diverse locations throughout Cumberland and Perry Counties, with various persons, some known and some unknown, to the Plaintiff herein. 6. Plaintiff is not aware of any other person asserting a custodial right to the child. 7. Plaintiff believes and therefore avers that it is in the best interest of the child, Bethany, to grant shared legal custody unto the Plaintiff, and substantial periods of partial custody because he is able to take care of the day to day needs of the child, the environmental and physical well-being of the child is best enhanced by placing custody in the Plaintiff. WHEREFORE, Plaintiff prays this Court to grant the relief as requested. Respectfully submitted, ManchU/, Hershey & Tully .............. ~P~ Richard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Pla/ntiff Date: /- I verify that the statements made in the foregoing document 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. JOSHUA ZERANCE PLAINTIFF V. IN THE cOURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA 02-605 CIVIL ACTION LAW LAURYNNE B. SHERMAN DEFENDANT : IN CUSTODY ORDER OF cOURT AND NOW, Friday, February 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyae, PA 17043 on ~ Tuesday, March 12, 2002 at 11:00 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 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 THE COURT, By: /s/ Melissa P. Greevy. 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 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 MAR 2 8 ZOOZ 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 HESS, J.- TEMPORARY ORDER OF COURT AND NOW, this /~ attached Custody Conciliation follows: day of ,~.~,~'/ ,2002, upon consideration of the Summa['y Report, it is hereby ordered and directed as 1. Legal Custody. The parties, Joshua Zerance and Laurynne B. Sherman, shall have shared legal custody of the minor child, Bethany Zerance, born July 16, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody. Father shall have partial physical custody in accordance with the following schedule: Each Wednesday from 5:00 p.m. to 8:00 p.m. to commence on March 13, 2002. March 16, 2002 from 8:00 a.m. to 12:00 p.m. During the first three (3) visits as the child is introduced for the first time to her Father, Mother shall be present. On the following Saturdays: March 23, 2002, March 30, 2002, and April 6, 2002 from 8:00 a.m. to 5:00 p.m. 3. Transportation. Unless otherwise agreed, the parties shall share transportation by meeting at the designated time at the Wal-Mart located at Route 114 and the Carlisle Pike. 4. Father shall be permitted to pick-up the child at daycare in the event that he is off work earlier than scheduled. If he intends to do this, he should give Mother adequate notice to let her know that he will be picking up the child. 5. The parties shall keep each other informed of their home and residential telephone numbers and addresses. 6. The Order is meant to be temporary in nature and may be modified upon the mutual agreement of the parties. 7. The Custody Conciliation Conference shall reconvene on Monday, April 29, 2002, at 8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. It is contemplated at the time the Custody Conciliation Conference reconvenes that further expansion of Father's custodial time shall be considered. Dist: BY THE COURT: · Hess, O. P. Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110 Joan Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 MAR 2 8 2002' JOSHUA ZERANCE, Plaintiff 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 Bethany Zerance DATE OF BIRTH CURRENTLY IN THE CUSTODY OF July 16, 2000 Mother 2. A Custody Conciliation Conference was held on March 12, 2002 in response to Father's Petition for Custody which was filed on February 4, 2002. Present for the conference were the Father, Joshua Zerance, and his counsel, P. Richard Wagner, Esquire; the Mother, Laurynne B. Sherman, and her counsel, Joan Carey, Esquire. 3. The parties reached an agreement in the form of an Order as attached. Dat'e Melissa Peel Greevy, Esquire Custody Conciliator - APR 1 9 L~OZ ~ 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 HESS, J.- TEMPORARY ORDER OF COURT AND NOW, this Z ~ ~' day of ~,~ ,2002, upon consideration of the attached Custody Conc~ia-~-~n Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Joshua Zerance and Laurynne B. Sherman, shall have shared legal custody of the minor child, Bethany Sherman, born July 16, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody. Father shall have partial physical custody in accordance with the following schedule: Each Wednesday from 5:00 p.m. to 8:00 p.m. to commence on March 13, 2002. March 16, 2002 from 8:00 a.m. to 12:00 p.m. During the first three (3) visits as the child is introduced for the first time to her Father, Mother shall be present. On the following Saturdays: March 23, 2002, March 30, 2002, and April 6, 2002 from 8:00 a.m. to 5:00 p.m. D. April 13, 2002 and April 20, 2002 from Saturday at 8:00 a.m. until Sunday at 5:00 p.m. 3. Transportation. Unless otherwise agreed, the parties shall share transportation by meeting at the designated time at the Wal-Mart located at Route 114 and the Carlisle Pike. 4. Father shall be permitted to pick-up the child at daycare in the event that he is off work earlier than scheduled, if he intends to do this, he should give Mother adequate notice to let her know that he will be picking up the child. 5. The parties shall keep each other informed of their home and residential telephone numbers and addresses. 6. The Order is meant to be temporary in nature and may be modified upon the mutual agreement of the parties. 7. The Custody Conciliation Conference shall reconvene on Monday, April 29, 2002, at 8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 30'1 Market Street, Lemoyne, PA '17043. It is contemplated at the time the Custody Conciliation Conference reconvenes that further expansion of Father's custodial time shall be considered. Dist: BY THE COURT: · Hess, J. Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110 ~ /~an Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 APR :~ 8 ~007 ~ JOSHUA ZERANCE, Plaintiff LAURYNNEB. 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 Mother 2. A Custody Conciliation Conference was held on March 12, 2002 in response to Father's Petition for Custody which was filed on February 4, 2002. Present for the conference were the Father, Joshua Zemnce, and his counsel, P. Richard Wagner, Esquire; the Mother, Laurynne B. Sherman, and her counsel, Joan Carey, Esquire. 3. The Conciliator files the new Order to correct the chi/~ld's ~ Me~ssatP_eel Greevy, Esquire / Custody Conciliator ~ 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 HESS, J.- INTERIM ORDER OF COURT AND NOW, this ~ day of May, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Joshua Zerance and Laurynne B. Sherman, shall have shared legal custody of the minor child, Bethany Sherman, born July 16, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have temporary primary physical custody. Father shall have temporary partial physical custody in accordance with the following schedule effective May 2, 2002: On alternating weekends from Thursday at 6:00 p.m. until Sunday at 6:00 p.m. NO. 02-605 CIVIL TERM 3. Trans ortation U by the a ' ~' n/ess oth · P rtres provrdm tr . eh/vise agreed ends. g ansportatlon for the child a ,f~he t_r_anspo.rtation shall be shared t ,,,e t~rne that their custodial Period 4. The parties shall keep each other informed of their home and residential telephone numbers and addresses. 5. The part/es shall Participate in an independent custody evaluation which may be performed by Riegler, Shienvold & Associates or Dr. Stanley Schneider. The part/es shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information Pertaining to the Parties. their full cooperation in completing this evaluation in Additionally, the Parties sba of appointments. The costs will be borne 100% by Father, however Father retains the right a timely fashion a ,~ ,- ,L !1 extend n,., .~ [ne scheduling to petition the Court at a later time for a contribution from Mother to the costs in pursuit of the evaluation. 6. Within fifteen (15) days of the Completion of the evaluation and receipt of the Report of the Custody Evaluator, counsel for either party may request to reconvene the Custody Conciliation Conference. Dist: BY THE COURT: P. Richard Wagner, Es uire, Joan Carey, Esquire ~.uI _-2.233 North Front St~ ._ ~- ~ . , ,8 ,,.,,,~ .~ow, Carlisle ~,^ .~_et, Harnsburg PA 17110 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 Bethany Sherman DATE OF BIRTH CURRENTLY IN THE CUSTODY OF July 16, 2000 Mother 2. A follow-up Custody Conciliation Conference was held on April 29, 2002 as planned at the last Conciliation Conference. Present for the conference were the Father, Joshua Zerance, and his counsel, P. Richard Wagner, Esquire; the Mother, Laurynne B. Sherman, and her counsel, Joan Carey, Esquire. 3. The parties reached an agreement as to the Interim Order. However, the parties did not reach an agreement with regard to whether or not an evaluation should be done or whether Mother should have to participate financially in the evaluation. 4. Father's position on custody is that because Mother has raised no concerns about Father's parenting ability and has actively participated in providing him with additional custodial time above and beyond the present Order that he should be allowed to have equal sharing of physical custody time with the minor child. He proposes a week-on, week-off schedule and is adamant that he will not accept less than that. Father agrees that he talks more strongly when the parties do not agree but denies that he has yelled at Mother. He would participate in counseling if the evaluator would deem it necessary. 5. Mother is not willing to have shared physical custody with Father. She relates that the parties are not communicating well and that she feels that Father makes "demands" rather than participates in discussions with her. She relates that she and always has been the child's primary caregiver and does not want that to change. Mother states that she does NO. 02-605 CIVIL TERM not think an evaluation is necessary and that in any event she cannot afford to participate in it. However, she would participate in co-parent counseling to improve the parties' communication with each other. 6. The attached Order reflects the parties' agreement with respect to the interim custody scheduling pending the evaluation. At the Conciliation Conference, the parties agreed that the Conciliator would consult with Judge Hess regarding the evaluation and if one was to be held the cost. Therefore, the attached Order reflects the Judge's direction on this issue. Date/ v ! ,. Custody Conciliator / :157710 JOSHUA ZERANCE, Plaintiff VS. LAURYNNE B. SHERMAN, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 02-605 CIVIL TERM : :IN CUSTODY PRAECIPE TO WITItDRAWAI, APPEARANCE I, Joan Carey, withdraw my appearance as counsel of record for Laurynne B. Sherman, Defendant in the above-captioned case. Date/ Attorney at Law PRAECIPE TO ENTER APPEARANCE I, Samuel Andes, enter my appearance as counsel of record for Lauryrme B. Sherman, Defendant in the above-captioned case. Date Sa'?rIu~l Andel ~' ' Attorney at Law 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 HESS, J.- TEMPORARY ORDER OF COURT AND NOW, this I :)" day of December, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Joshua Zerance and Laurynne B. Sherman, shall have shared legal custody of the minor child, Bethany Sherman, born July 16, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other' parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have temporary primary physical custody. Father shall have temporary partial physical custody in accordance with the following schedule effective May 2, 2002: Ac On alternating weekends from Thursday at 6:00 p.m. until Sunday at 6:00 p.m. NO. 02-605 CIVIL TERM 3. Transportation. Unless otherwise agreed, the transportation shall be shared by the parties providing transportation for the child at the time that their custodial period ends. 4. The parties shall keep each other informed of their home and residential telephone numbers and addresses. 5. The parties to this Order shall participate in co-parent counseling to improve their ability to work together as parents of their child. In the event that the parties cannot agree on a provider, the parties shall contact Interworks to provide these services. 6. A hearing is scheduled in Courtroom Number '7f of the Cumberland County Cpurthouse, on the ~,~,,-zM. day of _~"~~ , ;_~00..~ , at ~; ~__~' o'clock __~.M., at which time testimony will be ta~ken. For the purposes of the hearing, the Father, Joshua Zerance, shall be deemed to be the moving pady 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 for the custody claim and Father's Petition for Contribution to Expert Fees shall be filed at least ten days prior to the hearing date. BY THE COURT: ! ?~evin A. Hess, J. Dist: ~. Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110 ~S'amuel L. Andes, Esquire, P.O. Box 168, Lemoyne, PA 17043 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 Bethany Sherman DATE OF BIRTH CURRENTLY IN THE CUSTODY OF July 16, 2000 Mother 2. The parties' counsel were seen for a Custody Conciliation Conference on November 27, 2002. This conference had been scheduled at the request of counsel for Father following the completion of the report by Dr. Schneider. Attending the conference were counsel for Father, P. Richard Wagner, Esquire; Mother, Laurynne B. Sherman, and her new counsel, Samuel L. Andes, Esquire. 3. At the conference with counsel, Mr. Andes represented that Mother would be willing to increase some of Father's custodial time on a gradual basis and make movement in the direction of the recommendation over a period of months. However, he represented that his client would not agree to equally shared physical custody. In discussing the increased schedule that Mother might be willing go along with, Mr. Andes indicated that it was very important to Mother for the child to maintain her ability to visit with a cousin on Wednesday afternoons and evenings. Mother also had requested a change in the transportation arrangements such that the parties would meet at a mid-point between Father's Perry County residence and Mother's Lewisberry residence. Mother suggested the parties meet somewhere such as a Wal Mart parking lot. 4. Counsel for the Father, Mr. Wagner, wanted to work toward an increased schedule which would have only one custodial exchange occur during the week by expanding Father's time for the month of December to be Wednesday through Sunday, then in January Thursday through Sunday, and then in February Monday through Sunday before NO. 02-605 CIVIL TERM beginning a week-on week-off custodial schedule. With regard to transportation, Father's counsel indicated that he did not want to make a change in the present shared transportation plan. Counsel pointed out that it would be difficult for the parties to notify each other if they were experiencing delays in reaching the pick up point because cellular phones do not work in Perry County where Father lives. Father's counsel also noted that he would be seeking contribution from Mother on the cost of the custody evaluation in light of her refusal to follow through with Dr. Schneider's recommendations. 5. Issues upon which the parties agreed: The parties agreed that Father's time could be expanded. The parties also agreed that it would appropriate for them to enter co- parent counseling to improve the parents ability to communicate as a parenting couple. 6. Issues upon which the parties did not agree: Mother would not agree to a 50/50 schedule. Mother wanted the increased time to always start on Thursday. Father wanted the custodial time to always end on Sunday and have no more than one custodial exchange occur during the work week. The parties did not agree to change a previously agreed upon plan for sharing of transportation incident to custodial exchanges. Inasmuch as the parties could not reach an agreement with regard to the arrangements to increase Father's custodial time, Fath,~r's request for equally shared physical custodial time, and the method by which they share transportation, a hearing will be necessary. It is expected that Dr. Schneider will be needed to testify, it is anticipated that trial will take approximately one day. Date Melissa Peel Greevy, Esquire Custody Conciliator :165910 JOSHUA ZERANCE, Plaintiff, LAURYNNE B. SHERMAN, Defendant. · IN THE COURT OF cOMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO: 02-605 · CIVIL ACTION .- LAW · IN CUSTODY AND NOW, this 5'~ ~day of ~.~-oa~ ~ 2003, the hearing scheduled for Wednesday, April 3, 2003, at 9:30 a.m. is rcschcdulcd for Friday, April 11, 2003, at 1:00 p.m. BY THE COU~RT: JOHN B. MANCKE p. RICHARD WAGNER WILLIAM T. TULLY EDWARD F. SPREHA, JR. LAW OFFICES MANCKE, WAGNER, TULLY & SPREHA 2.233 NORTH FRONT STREET HARRISBURG, PA 171 lO January 30, 2003 pHONE (717) 234-TOSt FAX (717) 2.34-7080 The Honorable Kevin A. Hess Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Zerance v. Sherman No: 02-605 Civil Term Dear Judge Hess: Enclosed herein please find a proposed Order fbr reseheduling of the above- captioned matter. By copy of this letter to all parties, I am confirming that date because of my unavailability for the original hearing set for April 2"~. Your understanding is appreciated. PRW/dks sin dy, Richard ~fagner Enclosure JOSHUA ZERANCE, Plaintiff VS. LAURYNNE B. SHERMAN, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-0605 CIVIL CIVIL ACTION - LAW IN CUSTODY ORDER day of July, 2003, following conference with counsel, it is ordered and directed that the mother, Laurynne B. Sherman Moore, shall have custody of the child, Bethany, from Tuesday, July 22, 2003, at 5:00 p.m. until Friday, July 25, 2003, at 5:00 p.m. The father, Joshua Zerance, shall have custody from Friday, July 25, 2003, at 5:00 p.m. until Friday, August 1, 2003, at 5:00 p.m. The parties shall then resume their week on/week off pattern of custody, heretofore established, with custody in the mother commencing Friday, August 1, 2003, at 5:00 p.m. In the interim, the parties are directed to schedule an appointment for the week of July 28, 2003, with Deborah Salem, MHS, CAC, of Interworks, to review, among other things, certain differences which have arisen between the parents with respect to recent actions of the mother's new husband. t,,,P'. Richard Wagner, Esquire For the Plaintiff u/~amuel L. Andes, Esquire For the Defendant ,~eborah Salem, MHS, CAC BY THE COURT, K~. Hess, J. JOSHUA ZERANCE, Plaintiff, V. LAURYNNE B. SHERMAN, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 02-605 : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR CONFIRMATION OF CUSTODY AND NOW, comes the Petitioner, Joshua Zerance, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Petition for Confu'mafion of Custody: 1. Your Petitioner, Joshua Zerance, is an adult individual who is the Plaintiff in the above-captioned matter. 2. The Respondent, Lamynne B. Sherman, is an adult individual who is the Defendant in the above-captioned matter. 3. The parties are the natural parents of Bethany Sherman, bom July 16, 2000. 4. On December 17, 2002, a Temporary Order of Court was entered, a copy of which is attached hereto, incorporated herein by reference, and marked as Exhibit A. 5. Thereafter, the parties reached an agreement whereby the patties would have shared legal and shared physical custody of the child. 6. In late June of 2003, or early July of 2003, the Respondent's husband was criminally charged with a physical assault upon the infant son of the Respondent and her husband. 7. As a result of that assault, the parties entered into a Court Order that provided Deb Salem was to to/to resolve the differences between thc pa~ties as a result of thc actions of thc Respondent. 8. As a result of the involvement of Deb Salem, interim agreements were reached which provided for primary physical custody in thc Petitioner, subject to periods of partial custody in the Respondent every other Thursday to thc following Monday. 9. Petitioner believes and therefore avers that it is in the best interest of his daughter to continue with that custody schedule. 10. Petitioner's home environment provides both a paternal and maternal environment, and Petitioner and his new wife have a child of their own. 11. Respondent and the father of her child no longer reside together. 12. Petitioner believes that it is in the best interest <>fthe child to grant primary physical custody to the Petitioner. -2- Date: WHEREFORE, Petitioner prays this Court to grant the relief as requested. Respectfully submitted, Mancke, Wagner & Spreha 2233 North Front S~'eet Harrisburg, PA 17110 (717) 234-7051 Attorneys for Petitioner -3- I verify that the statements made in the foregoing document 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. DATE: 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 HESS, J.- TEMPORARY ORDER OF COURT AND NOW, this JrT'~ day of December, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Joshua 7erance and Laurynne B. Sherman, shall have shared legal custody of the minor child, Bethany Sherman, born July 16, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have temporary primary physical custody. Father shall have temporary partial physical custody in accordance with the following schedule effective May 2, 2002: On alternating weekends from Thursday at 6:00 p.m. until Sunday at 6:00 p.m. NO. 02-605 CIVIL TERM 3. Transportation. Unless otherwise agreed, the transportation shall be shared by the parties providing transportation for the child at the time that their custodial period ends. 4. The parties shall keep each other informed of their home and residential telephone numbers and addresses. 5. The parties to this Order shall participate in co-parent counseling to improve their ability to work together as parents of their child. In the event that the parties cannot agree on a provider, the parties shall contact Interworks to provide these services. 6. A hearing is scheduled in. Cou~room Number L~ of the Cumberland County C~urthouse, on the ~¢tC) day of ][~.~¢4~ 200_.~., at ~:,,~O o'clock _J:t_.M., at which t me testimony will b~ ~ken. For the purposes of the t~earing, 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 for the custody claim and Father's Petition for Contribution to Expert Fees shall be filed at least ten days prior to the hearing date. BY THE.COURT: ~ / Dist: P. Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA '17110 Samuel L Andes, Esquire, P.O. Box 168, Lemoyne, PA 17043 TRUE CO?Y FROM RECORD In Testimony whereoJ:, I here unto set my hand and/t~e seal of said~ourf Ct. Carlisle, Pa. JOSHUA ZERANCE PLAINTIFF LAURYNNE B. SHERMAN DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-605 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 05, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, March 01, 2004 at 11:00 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 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/ Melissa P. Greevy, Esq, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans w/th 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 TI:lIS 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 ~AI~ 0 4:~004 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 HESS, J.- TEMPORARY ORDER OF COURT AND NOW, this ~ day of Mamh, 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 Fathe. ri§ Petition in Courtroom Number 4 of the Cumberland County Courthouse, on the ~/'~ day of (~,~ ~nn,~ -, 0/~50 ' ~- - ,- ........ o clock ~ .M., at which time test mony will be taker[ For the purposes of the headng, 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 headng date. Dist: BY THE COURT: Samuel L. Andes, Esquire, P.O. Sox 168, Lemoyne, PA 17043 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 Bethany Sherman DATE OF BIRTH July 16, 2000 CURRENTLY IN THE CUSTODY OF 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 position 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.,imd-o~ather's Petition. Melissa Peel Greevy, Esquire Custody Conciliator :225032