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HomeMy WebLinkAbout05-4828 ROBERT ERSKINE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. tJj~4f.:Jf : No. - CIVIL TERM CATHLEEN ERSKINE, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY I. The plaintiff is Robert Erskine, residing at 1340 Bryn Mawr Road., Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Cathleen Erskine, residing at 70 Country View Estates, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff seeks custody of the following child: Name Hannah Erskine Present Residence 70 Country View Estates Newville, PA 17241 DOB 6/26/99 Age 6 yrs. The child was not born out of wedlock The child is presently in the custody of Cathleen Erskine who resides at 70 Country View Estates, Newville, Cumberland County, Pennsylvania 17241. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Robert and Cathleen Erskine 4331 Hiday Circle EI Paso, TX Dates Birth-2/2002 Robert and Cathleen Erskine 32 Winchester Gardens Carlisle, P A 17013 2/2002-5/2003 4. The mother of the child is Cathleen Erskine, residing at 70 County View Estates, Newville, Cumberland County, Pennsylvania 17241. She is not married. The father of the child is Robert Erskine, currently residing at 1340 Bryn Mawr Road, Carlisle, Pennsylvania 17013 He is not married. 5. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons. Name No One Relationship 6. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons. Name Lance Harper Relationship Fiance 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. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and 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 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. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant Plaintiff partial physical and shared legal custody. Date: ct/;" /0S- I I Respectfully submitted, Rominger, Bayley & Whare 1~1~/:-: A- AlJW 155 South Hanover Street Carlisle, PA 17013 (717) 24 I -6070 Supreme Court ID # 89028 Attorney for Plaintiff VERIFICATION I verifY that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. 9/15~5 ~ f;[--- Robert Erskine, Plaintiff ~ """ ~ () = ~. ~ = c: en g;:n ~ -..... , ~ ~ (/) " Ii;\; rglT ..., ,rn -0 -a hi ~. ~ ~ ~ 2-;D :09 z,:,:. O"l C:'\o (J, ,. ~. \ '\ ct:j =C'"T' \ -0 o:D ~. ~ ~ ~7C) I( 2'; C) :x om ~ ${::J ~ on ~ c ~ l~ -7 ~ =-< ~ '.J ( ROBERT ERSKINE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 05-4828 CIVIL ACTION LAW CATHLEEN ERSKINE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Friday, September 23, 2005 _______, upon consideration of the attached Complaint, it is hereby directed that paI1ies and their respective counsel appear before Jacqueline M. Verney, Esq. . the conciliator, at 4th Floor,~u_'!'.IJ~,:I~~d_~~1I.'!!Y Courthouse, Carl~s.I~_ on ___Iuesd!'x,.October 25, 2005 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 bc accomplished, to det,ne and narrow the issues to be heard by the court. and to enter into a temporary ordcr. 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 eourt 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/ Tacqueline M. Verney, Esq. Custody Conci I iator tL1dl 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 reasonablc 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 170 I 3 Telephone (717) 249-3166 - ~~~ ~~~ A/'.~'(J -. h Y' ~/ ~~ >>t?Ie.~ ihV(1? ~ Z ~.?W~J -;m;; 5r;7'-7(".6 ""',.,.,'nr, Alf'\)fYY"':. F-:~." ._','1 i: IV ~s :6 (,I!J 92 d3S sonz A'cN1CNOdlOi:Jd.3Hl ::JO 3JH:I.o-a::J ll.~ OCT 2 6 2005 {J^ () ROBERT ERSKINE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. CATHLEEN ERSKINE, Defendant : NO. 2005-4828 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 'J1.~ day of O~ ,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is sch~led in Court Room No. 5' , of the CUjpberland County Court House, on the 'i day of ~ ,200L, at )'<~l> o'clock, '" . M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be 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, 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Robert Erskine, and the Mother, Cathleen Erskine shall have shared legal custody of Hannah Erskine, born June 26, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding her health, education and religion. 4. Mother shall have primary physical custody of the child. 5. Father shall have the following periods of partial physical custody of the child: A. During the school year: 1. Beginning October 28, 2005 two consecutive weekends from Friday at 8:00 p.m. to Sunday at 8:00 p.m. to coincide with his day off schedule. 2, Every Saturday from 2:30 p.m. to 8:00 p,m. 3. Every Sunday from 2:30 p.m. to 8:00 p.m. 4. Such other times as the parties agree. B. During the summer: 1, Two consecutive overnights per week to coincide with his day off schedule. 2. Every Saturday from 2:30 p.m. to 8:00 p.m. 3. Every Sunday from 2:30 p.m. to 8:00 p,m. 4. Such other times as the parties agree. 6. Each party shall be entitled to two non-consecutive uninterrupted weeks in the summer, provided they give the other party 14 days prior notice. 7. Easter and Thanksgiving shall be shared from 9:00 a.m. to 3:00 p.m. and 3 :00 p.m. to 9:00 p.m, as the parties agree. 8. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to Christmas Day at 12:00 noon. Block B shall be from 12:00 noon on Christmas Day to 12:00 noon to December 26,2005. The parties shall alternate as agreed. 9. Transportation shall be as agreed by the parties, 10. The parties agree to participate in family counseling. 11. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. J, ~el J. Whare, Esquire, counsel for Father ~ichael Scherer, Esquire, counsel for Mother ~ oj \\/J V:!\)V!\;,,\~?0~'r''!.::!d I ~ ~ 1/,.:.".-., i-" ""I' .,_"h',:','nl""\ .'\..lj\J; > J , ' '~"":hll.J I 0 : 11 1>1'9 2 - AmmuZ Atl'tlCi\;Q( 110dd 3Hl :10 3:JU:1o-031i:l ROBERT ERSKINE, Plaintiff OCT 2 6 200~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. CATHLEEN ERSKINE, Defendant : NO. 2005-4828 CIVIL TERM : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hannah Erskine June 26, 1999 Mother 2. A Conciliation Conference was held October 25, 2005 with the following individuals in attendance: The Father, Robert Erskine, with his counsel, Michael 1. Whare, Esquire, and the Mother, Cathleen Erskine, with her counsel, Michael Scherer, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal and partial physical custody with overnights during the school year to coincide with his rotating days off schedule. Father gets two days off every week, but two different days, on a six week rotating schedule. The parents agree to the summer schedule. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody. She agrees with the summer schedule but disagrees that Father have a different overnight every week. Mother believes that a different night every week would confuse the child. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father two consecutive weekends to coincide with his day off schedule. It is expected that the Hearing will require one-half day. . /t) - d. S- -tJ ~ Date ~l,-< /~. I/f-~ facq line M. Verney, Esquire Custody Conciliator ROBERT ERSKINE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 2005-4828 CIVL ACTION-LAW CATHLEEN ERSKINE, Defendant : IN CUSTODY STIPULATION AGREEMENT AS TO CUSTODY The Plaintiff, Robert Erskine, hereinafter referenced as "Father," and Defendant, Cathleen Erskine, hereinafter referenced as "Mother," hereby agn:e to the entry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor child: Hannah Erskine, born June 26, 1999, hereinafter referenced as "Child": The parties hereto agree that the best interest and continuing welfare ofthe Child would be best served with the custody arrangement as follows: 1. Mother and Father will share legal custody of Children as defined in 23 Pa. C.S.A. 95302. All decisions affecting the Children's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. 2, As provided 23 Pa. C.S.A. 95309(a), each parent shall have full and complete access to the Children's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. 3. Mother shall have primary physical custody of the Children. 4. Father shall have periods of partial custody of the child: A) During the school year: 1. Beginning October 28, 2005, two consecutive weekends from Friday at 8:00 p.m, to Sunday 8:00 p.m. to coincide with his day off schedule, 2. Such other times as the parties agree. B) During the summer: 3. Two consecutive overnights per wcek to coincide with his day off schedule. 4, Such other times as the parties agree, 5. Each party shall be entitled to two non-consecutive uninterrupted weeks in the summer, provided they give the other party fourteen (14) days notice. 6, Easter and Thanksgiving sha\l be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m., as the parties agree. 7, Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to Christmas Day at 12:00 noon to December 26,2005. The parties shall alternate as agreed. 8. Transportation shall be as agreed by the parties. However, on Father's Wednesday custody visit during the school year, transportation shall be rotated each week. 9. The parties agree to participate in family counseling. 10. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control, 9. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same fonnality ofthe agreement of the parties, Consented to: ,- ".~.D) Date rl-At: L ~1e/Plaintiff (!:jd; E1wr;-A ddA~!1i1/(/':nf Cathleen Ers ~inelDefendant ~ J J../J/U S Date /;:/2Ior Dat I //-a5-05 Date -, , ~., .' ,'-) -q =;J r:~ --'-1 ',..11 (,) r-..) . ROBERT ERSKINE, Plaintiff DEe u ? LUO:; Vr{\ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ;; v. :No. 2005-4828 C1VL ACTION-LAW CATHLEEN ERSKINE, Defendant : IN CUSTODY AND NOW, thiS7.rt\ day of ~ , 2005, the following Custody Stipulation is made an Order of Court: 1. Mother and Father will share legal custody of Children as defined in 23 Pa. C.S,A. ~5302. All decisions affecting the Children's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. 2. As provided 23 Pa. e.S.A. ~5309(a), each parent shall have full and complete access to the Children's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. 3. 1'/!other sho.1l h~ve pr~n1:lry physical custedy of the Children. 4. Father shall have periods of partial custody of the child: A) During the school year: 1. Beginning October 28.2005, two consecutive weekends from Friday at 8:00 p,m. to Sunday 8:00 p.m. to coincide with his day off schedule, 2. Such other times as the parties agree. B) During the summer: 1, Two consecutive overnights per week to coincide with his day off schedule. 2. Such other times as the parties agree. 5. Each party shall be entitled to two non-consecutive uninterrupted weeks in the summer, provided they give the other party fourteen (14) days notice. 6. Easter and Thanksgiving shall be shared from 9:00 a.m, to 3:00 p,m. and 3:00 p.m. to 9:00 p.m" as the parties agree. 7. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to Christmas Day at 12:00 noon to December 26,2005. The parties shall alternate as agreed. 8. Transportation shall be as agreed by the parties. However, on Father's Wednesday custody visit during the school year, transportation shall be rotated each week. 9. The parties agree to participate in family counseling. 10. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. II. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writiDg and only if executed with the same formality of the agreement of the parties. -~._------ ") /,,- // - ~, J. /J-(J'-DJ ~ .~ JIs .'\'J \ (1 t~'1 8 - :e/J sir:,?