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HomeMy WebLinkAbout05-3847 FAITH L, ERB. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05" -3PJf7 Ciu~L~EiU-rl : CIVIL ACTION - LAW : CUSTODY v. JOSEPH LERCH and DESIRE DOVE, Defendants COMPLAINT FOR CUSTODY I, The Plaintiff is Faith L, Erb, residing at 609 Cumberland Pointe Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Joseph Lerch, resides at 569 Setter Drive, Fayetteville, North Carolina 28311. 3. The Defendant, Desire Dove, resides at Bridgeway HMP Lot #37, Newport, Perry County, Pennsylvania 17074, 4, Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE Sierra N. Lerch 609 Cumberland Pointe Circle Mechanicsburg, PA 17055 3 The child was born out of wedlock, The child is presently in the custody of Plaintiff/Grandmother, Faith L, Erb, who resides at 609 Cumberland Pointe Circle, Mechanicsburg, PA 17055. During the past five (5) years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Joseph Lerch and Desire Dove 206 Herman Ave. Lemoyne, PA 17043 Birth-Jan. 2003 Joseph Lerch .. Jan. 2003-Feb. 2003 Faith L. Erb and Crystal Luckabaugh 609 Cumberland Pointe Circle Mechanicsburg, PA 17055 2/05 to present The mother of the child is Defendant, Desire Dove, currently residing at Bridgeway. HMP Lot #37, Newport, PA 17074, She is single. The father of the child is Defendant, Joseph Lerch, currently residing at 569 Setter Drive, Fayetteville, North Carolina 28311. He is single. 5. The relationship of the Plaintiff to the child is that of Grandmother. The Plaintiff currently resides with the following persons: NAME RELATIONSffiP Sierra N. Lerch Granddaughter Crystal Luckabaugh Foster Child 6, The relationship of the Defendant, Joseph Lerch, to the child is that of Father. The Defendant currently resides with the following persons: NAME RELATIONSffiP Joseph Watts Roommate Britney Kerchanin Roommate The relationship of the Defendant, Desire Dove, to the child is that of Mother, The Defendant currently resides with the following persons: NAME RELATIONSIDP Boyfriend Mark (last name unknown) 7, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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. 8. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. The minor child's father, Joseph Lerch, now resides in the State of North Carolina, and is desirous of this Court granting the relief sought by the moving party /Grandmother, B. The minor child's mother does not have a regular supportive role in the minor child's life due to her drug and alcohol problems, C. The moving party/Grandmother has been the primary caregiver of the minor child since February of 2005, and the minor child has resided with the moving party/Grandmother since that date. 9. 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 a party to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child. Respectfully submitted, FRIEDMAN & KING, P,C. , Dat~~ d'5',. :ltXlS' Joh1\, 600 ,Second Stre Penthouse Suite P.O. Box 984 Harrisburg PA 17108 (717) 236-8000 Attorney for Plaintiff VERIFICATION I, Faith L. Erb, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. CS. Section 4904, relating to unsworn falsification to authorities, J.' . ~,. rJ2 ' . Lz -;tjj fI If'-. Faith L. Erb Dated: ;-/3'05 - GJ *'- /V ,...,) 1 ,.,,-, C) tJ. "- ~, #"11 :::::: .::.0 . :~ ~ C9 \ :'11 "- 0.' f'- (5 -,-; (\ fi' ~ -.() -U ..' t) 1r' 6"- ~ c..; Y- O', FAITH L ERB PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V, 05-3847 CIVIL ACTION LAW JOSEPH LERCH AND DESIRE DOVE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Thursday, August 04, 2005 , upon consideration of the attached Complaint. it is hereby directed that parties and their respective counsel appear before Dawu S. Suuday, Esq. at 39 West Maiu Street, Mechanicsburg, FA 17055 on Tuesday, September 06, 2005 . the conciliator. at 10:00 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 conterence, Failure to appear at the conference may provide grounds for entry of a temporary or penn anent 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 hearin!!. FOR THE COURT. By: Isl Dawn S. Sunday. ESQ. Custody Conciliator y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 ~~$v -:z. ~ ~ 5o..9.t (fY ~ -? ~ ~l< >>''>:$ ~ -fp ~ ~ ~ '-?1? 50,?,'.!> , I () " C', '. I, "'1 ~ (, 0'} cno? . G", ~1-~)\I':J\jt~ 3;'.-11 ::0 :;:-}i~1}Ci..C!:n!:j .- ~ RECEIVED SfP 09 ZOOSY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAITH L. ERB vs. 05-3847 CIVIL ACTION LAW JOSEPH LERCH AND DESIRE DOVE Defendant IN CUSTODY ORDER OF COURT AND NOW, this _I S IL day of s,(- +. , 2005, upon consideration ofthe attached Custody Conciliation Report, it is ~red and dIrected as follows: 1, The paternal Grandmother, Faith L. Erb, shall have legal custody and primary physical custody of Sierra N. Lerch, born October 30,2001. 2. The Father, Joseph Lerch, and the Mother, Desire Dove, shall have periods of physical custody with the Child as arranged by agreement with the paternal Grandmother. 3. Either parent may file a petition with the Court to schedule an additional custody conciliation conference in order to review the custodial arrangements, if necessary. BY THE COURT, cc: John F. King, Esquire - Co Joseph Lerch, Father Desire Dove, Mother sel for plaintiff paternal Grandmother ~~ q -It{ -~ -, \1\1,'" ~ ,,1..-' 1 S :Z U,) 'II cL:",) SL!}~ :~c Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAITH L. ERB vs, 05- 384 7 CNIL ACTION LAW JOSEPH LERCH AND DESIRE DOVE Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19153-8, 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 Sierra N. Lerch October 30, 2001 Paternal Grandmother 2. A conciliation conference was held on September 6, 2005, with the following individuals in attendance: The paternal Grandmother, Faith L. Erb, with her counsel, John F. King, Esquire, Neither the Father, Joseph Lerch, who currently resides in North Carolina, nor the Mother, Desire Dove, who currently resides in Newport, attended the conference or contacted the conciliator. Both parties were served with notice ofthe conciliation conference by certified mail. 3. The plaintiff paternal Grandmother stated that she had been the primary and only caregiver for the Child since February 2005, when the Father moved to North Carolina and transferred custody to her. According to the Grandmother, the Father maintains telephone contact with the Child and traveled to Pennsylvania to visit with her for one week during the summer in 2005. The Grandmother indicated that the Mother contacts the Child by telephone occasionally but has not seen the Child since May 2005. 4, The paternal Grandmother represented at the conference that both parents have expressed their agreement that the Grandmother continue to have primary physical custody of the Child as long as both parties are able to have contact with the Child as arranged by agreement. 5. In light of the representations made by the paternal Grandmother at the conciliation conference and the fact that neither party attended the conference or contacted the conciliator, the conciliator recommends an Order in the form as attached. 'Se fJ~A Date 7 d-€b."i I (a..~ Dawn S. Sunday, Esquire Custody Conciliator FAITH L. ERB, Plaintiff /Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3847 CIVIL TERM JOSEPH LERCH, DefendantlRespondent DESIREE DOVE Defendant/Petitioner IN CUSTODY PETITION FOR MODIFICATION Petitioner, Desiree Dove, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Mother, resides at 554 Juniata Heights, Newport, Perry County, Pennsylvania 17074. 2. Respondent Erb, hereinafter referred to as Paternal Grandmother, is believed to reside at 609 Cumberland Pointe Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Respondent Lerch, hereinafter referred to as Father, is believed to reside at 569 Setter Drive, Fayetteville, Cumberland County, North Carolina, 28311. 4. The above-named parties are the natural parents and the paternal grandmother of Sierra N. Lerch, born October 30,2001. 5. The current Custody Order, attached as Exhibit "A" and incorporated herein by reference, is dated September 13, 2005 and was entered by the Honorable Judge J. Wesley Oler. The Order, in pertinent part, grants Paternal Grandmother sole legal and primary physical custody of the minor child. Mother and Father have periods of partial physical custody as agreed upon with Paternal Grandmother. 6. Mother is entitled to a modification of the current order, which is in Sierra's best interests, for reasons including but not limited to the following: a. Paternal Grandmother has not been cooperative in working with Mother to coordinate consistent, ongoing contact with Sierra. Mother has limited access to transportation and financial limitations, but Paternal Grandmother insists that visits take place at her home in Mechanicsburg and that Mother provide all transportation. b. Mother's periods of partial custody with Sierra are unpredictable and interfere with Mother's ability to establish and nurture an appropriate mother/daughter relationship with Sierra. c. Mother lives with her fiance and has a safe home environment where she can care for Sierra during periods of partial custody. She has all of the items needed to provide for Sierra while she is in Mother's home and is more that capable to care for Sierra for weekend periods of partial physical custody. d. Mother now has access to a vehicle and would like a consistent schedule to ensure regular visits but requests that transportation be shared to alleviate the financial burden associated with the costs of travel. e. Mother is capable of making parenting decisions regarding Sierra and requests that the parties share legal custody so that both Sierra's natural parents and Paternal Grandmother have the opportunity to make decisions regarding Sierra's well-being. 8. Counsel has confirmed that Paternal Grandmother is represented by John F. King, Esquire who does not concur with the relief requested herein. WHEREFORE, Mother respectfully requests the following: a. That this matter be scheduled for a custody conciliation to modify the terms of the current custody Order. b. Any other relief this Court finds just and proper. VERIFICATION The above-named PETITIONER, Desiree Dove, verifies that the statements made in the above petition for Modification are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: ~bJ \ l CO ~~ Desiree Dove . ~ )RE CEIV ED SEP 092005 FAITH L. ERB Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-3847 CIVIL ACTION LAW JOSEPH LERCH AND DESIRE DOVE Defendant IN CUSTODY ORDER OF COURT AND NOW, this I ~ 4 day of ~dt , 2005, upon consideration of the attached Custody Conciliation Report, (t IS ordered and dIrected as follows: 1. The paternal Grandmother, Faith L. Erb, shall have legal custody and primary physical custody of Sierra N. Lerch, born October 30, 2001. 2. The Father, Joseph Lerch, and the Mother, Desire Dove, shall have periods of physical custody with the Child as arranged by agreement with the paternal Grandmother. 3. Either parent may file a petition with the Court to schedule an additional custody conciliation conference in order to review the custodial arrangements, if necessary. BY THE COURT, b;),,:)(Ld{j ftPJ/1 ~ cc: John F. King, Esquire - Counsel for plaintiff paternal Grandmother Joseph Lerch, Father Desire Dove, Mother ~~~tP2 COPY FROM ReCORD 1,,'; wh~1n~i. ; hare unto sa: my haNJ 'fo"...'.'.') i!'.~ ,?;oj,;o! ('..~";Ir .,t ,....-:. ..tj<l:le Pa ~~"'-' . ~f 'L.-' ....J.~I.;.Jt. \../1 ~;u 'I' " Yt:'~. 1 y . .~- iX~f~,"\- A- "- .. ,. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAITH L. ERE VS. 05-3847 CIVIL ACTION LAW JOSEPH LERCH AND DESIRE DOVE Defendant 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 infonnation concerning the Child who is the subject of this litigation is as follows: N AlVIE DATE OF BIRTH CURRENTLY IN CUSTODY OF Sierra N. Lerch October 30, 2001 Paternal Grandmother 2. A conciliation conference was held on September 6, 2005, with the following individuals in attendance: The paternal Grandmother, Faith L. Erb, with her counsel, John F. King, Esquire. Neither the Father, Joseph Lerch, who currently resides in North Carolina, nor the Mother, Desire Dove, who currently resides in Newport, attended the conference or contacted the conciliator. Both parties were served with notice of the conciliation conference by certified mail. 3. The plaintiff paternal Grandmother stated that she had been the primary and only caregiver for the Child since February 2005, when the Father moved to North Carolina and transferred custody to her. According to the Grandmother, the Father maintains telephone contact with the Child and traveled to Pennsylvania to visit with her for one week during the summer in 2005. The Grandmother indicated that the Mother contacts the Child by telephone occasionally but has not seen the Child since May 2005. 4. The paternal Grandmother represented at the conference that both parents have expressed their agreement that the Grandmother continue to have primary physical custody of the Child as long as both parties are able to have contact with the Child as arranged by agreement. ~ . r 5. In light of the representations made by the paternal Grandmother at the conciliation conference and the fact that neither party attended the conference or contacted the conciliator, the conciliator recommends an Order in the form as attached. SejJ~A 7 d-€fo<; Date I ('Q,.~ Dawn S. Sunday, Esquire Custody Conciliator ": FAITH L. ERB, Plaintiff /Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3847 CIVIL TERM JOSEPH LERCH, DefendantlRespondent DESIREE DOVE DefendantlPetitioner IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Desiree Dove, hereby certify that I have served a copy of the forgoing Petition for Modification by: U.S. First Class Certified Mail. Return Receipt to: John F. King, Esquire 600 N. Second Street Penthouse Suite P.O. Box 984 Harrisburg, P A 17108 Joseph Lerch 569 Setter Drive Fayetteville, NC 28311 Date: .P, 1- . OLD ~f '-rl r v c) c_"'" ...;:.." "" ,~;) 0:,-.:_::.1 C1~ o --n :~ fi, :TI r-- -rJ fT1 -:)0 ,. <, f -.J w ; -) --I I:~ :D .< o \..0 FAITH L. ERB, PlaintifflRespondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3847 CIVIL TERM JOSEPH LERCH, DefendantlRespondent DESIREE DOVE Defendant/Petitioner IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Desiree Dove, Petitioner, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am provi . ee legal services to the party. Jess'c'Holst, Esquire Mi enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 (~ -.::2. -f', :~1~ ~:\~~, - '<",'" ~ cg.. "t.\. ~ (!~? ~ 'C:J ~ ....-" .-;.'-" ?~ !i-\~ ~~ ~ FAITH L. ERB PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-3847 CIVIL ACTION LAW JOSEPH LERCH, DESIREE DOVE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 08,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, December 14, 2006 , the conciliator, at 9:00 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 hearinl!:. FOR THE COURT. By: Isl Dawn S. Sunday. Esq. Custody Conciliator p- The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 t;;P"'~p~ ~ ~ ?i/-6-1! ~ -~-f.~$v:z~ ~u, 'lt7-oJl '5-X'~ 7 ~ ~;q; ~--b'l/ S I :8 Wd 6- 'iON 9ilOZ AW1CNUHJC.t:kl 3Hl .:10 j~iI:!:!O-G31t:l Plaintiff ry DEe 1 52006f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .. '. FAITH L. ERB vs. 05-3847 CIVIL ACTION LAW JOSEPH LERCH, DESIRE DOVE Defendant IN CUSTODY ORDER OF COURT AND NOW, this \ ~ tL day of :t> t;,c..- . , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order ofthis Court dated September 13,2005, shall continue in effect as modified by this Order. 2. The Mother shall have partial physical custody of the Child in accordance with the following gradually expanding schedule: A. The schedule shall begin with the Mother having custody of the Child on Saturday from 8:00 a.m. until 6:00 p.m. during two alternating weekends. B. After the Mother has completed the Saturday periods of custody on a consistent basis, the Mother shall have custody of the Child from Saturday at 8:00 a.m. until Sunday at 6:00 p.m. during two alternating weekends. C. After the Mother has completed the periods of custody in Subparagraph B ofthis provision on a consistent basis, the Mother's partial physical custody schedule shall expand to alternating weekends from Friday after work through Sunday at 6:00 p.m. on an on-going basis. D. The specific dates for implementation of the foregoing schedule shall be arranged by agreement between the Mother and the paternal Grandmother after the Mother has been able to arrange for transportation. 3. In 2006, the Mother shall have custody ofthe Child for the Christmas holiday on Christmas Eve from 4:00 p.m. until 8:00 p.m. The specific arrangements for the transfer of custody for this period shall be arranged by agreement between the Mother and the paternal Grandmother. 4. The parties shall ensure that the Child is transported at all times by drivers with a valid driver's license. 5. In the event the Mother is unavailable for a period of custody under this provision, the Mother shall contact the paternal Grandmother in advance to avoid unnecessary disruption and disappointment to the Child. tr <C D Y-~ :;::" '::;:o;~ L_ ~t r..:Jer I ~ t t..l- :::d LW l.L-FS tL o ("") 8; "".:,;... 0- ?:: -=" -!:.) co --} "J u ~ ,t~.l b ..0 = = c-! . 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: John F. King, Esquire - Counsel for Paternal Grandmother \ Jessica Holst, Esquire - Counsel for Mother J (J-- (4- o~ (lA)-ftjJ'A .~ Joseph Lerch, Father -- r-~ .Jbf5 .- .. .. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAITH L. ERB vs. 05-3847 CNIL ACTION LAW JOSPEH LERCH, DESIREE DOVE Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. 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 Sierra N. Lerch October 30,2001 Plaintiff Paternal Grandmother 2. A custody conciliation conference was held on December 12, 2006, with the following individuals in attendance: the paternal Grandmother, Faith L. Erb, with her counsel, John F. King, Esquire and the Mother, Desiree Dove, with her counsel, Jessica Holst, Esquire. The Father, Joseph Lerch, who lives in North Carolina and is not represented by counsel in this matter, did not attend the conference or contact the conciliator. However, the Father provided a notarized statement through the paternal Grandmother's counsel. 3. The parties agreed to entry of an Order in the form as attached. [).ecvrn..J;;;OI / 3, (;).CJO~ Date (/)~ Dawn S. Sunday, Esquire Custody Conciliator