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Home My WebLink About02-1039 AMEE LOUISE ERB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0;.1- 10039 Q;u'~l ~~ DANIEL A. HAFER, Defendant CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Amee Louise Erb, residing at 609 Cumberland pointe Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Daniel A. Hafer, who is currently incarcerated in the Northumberland County Prison, 39 N. Second st., Sunbury, Northumberland County, Pennsylvania 17801. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE Daniel Moss Erb 609 Cumberland pointe Circle Mechanicsburg, PA 17055 3 months The child was born out of wedlock. The child is presently in the custody of the Plaintiff, Amee Louise 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 Amee Louise Erb, Faith Erb and Rich Erb 609 Cumberland pointe Circle Mechanicsburg, PA 17066 11/6/01 to present The mother of the child is Amee Louise Erb, currently residing at 609 Cumberland pointe circle, Mechanicsburg, PA 17055. She is single. The father of the child is Daniel A. Hafer, currently residing at Northumberland county Prison, 39 N. Second st., Sunbury, Northumberland County, Pennsylvania 17801. He is single. 4. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: NAME Faith Erb Rich Erb Daniel Moss Erb RELATIONSHIP Mother Brother Son 5. The relationship of the Defendant to the child is that of Father. The Defendant is currently incarcerated in the Northumberland County Prison, 39 N. Second st., sunbury, Northumberland County, Pennsylvania 17801. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff/Mother has been the primary caregiver to this infant since birth, and is the only parent able to provide care to the child due to the incarceration of the child's father. 8. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child. Respectfully submitted, Dat~4~ Jfj~ o)ln F. King, efo N. Second Penthouse suite P.O. Box 984 Harrisburg PA 17108 (717) 236-8000 Attorney for Plaintiff k/p:domestic\erb.cus VERIFICATION I, Amee Louise 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. C.S. section 4904, relating to unsworn falsification to authorities. Dated~ ~~6d-: (Jlf1lf/ )1~ Amee ouise Erb r I ~~ b '-J ~ -- ~ <..1'1 0> " P8 ..,.. ::".:;:... cJi;g: Z::r..J :t5 ):~ -< .~~ ~<C) \ ~f~ t ~~~ ~ a f'\,) :::!!'.: ~~;; t c) -;'1 " r'-- "-li"-;'.l ;\:;; ,:::: (~) .'t"t ~,'i :~~j c)m ~ ~ -0 ::it ~ W \" . PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMEE LOUISE ERB v. 02-1039 CIVIL ACTION LAW DANIEL A, HAFER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 07, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, April 04, 2002 at 1:00 PM 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: Isl Dawn S. Sund4)l. 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 Teasonable accommodations available to disabled individuals having business before 1he 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .. . , ~H-~~.:z~~,l r'~~r -~ ~ '~'JI"'" ~ eC7.~. [' y -Y z ~ ~ -;::p (:::<7-.$.[' 'iINVAlASNN3d AlNnm or\!\/lf:i:;m"ln:J 01 :01 "IV 8-INt,j cO ^tJVIG\jCi-fL<;':~':, ~:t;. .:10 3:JLJ::O-G:rJl:i ., Jeannie E. Sweitzer, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-1139 : CIVIL ACTION : IN DIVORCE CIVIL TERM Charles Sweitzer, Defendant AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of Divorce Complaint and Plaintiffs Affidavit filed in the above captioned case upon Charles Sweitzer, by certified mail, return receipt requested on March 8, 2002 addressed to: Charles Sweitzer 17 Glenwood Road, #3 Dillsburg, PA 17019 and did thereafter receive same as evidenced by the attached Post Office receipt card dated March 15, 2002. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES '31/y;!;;2- Date ~~' --c_, .., '. ... ~:~~rt J. ulderig, ESq' 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ,. (') 0 \~ C '''' -"t; '"D ~:,. ~..'''' ["--J ;,"'. n-'n\ :::1 , :<:r .:z::::.._, ,'- 2/- .'0 ;--n cJ5 "';--. , (::~! -C~;' ') L ~C~ -0 . _,I(~l '~ -,', 5;:0 ..,... '-', ._-,..... C-) P _J N ,-;,_.+ nl !;; C) ~ ~ N :0 , U1 -< iDe-.-.......1 ...... 2 fof 1IlItdItIon8I...".., !lJ! CompIet, ttems 3, 4a, and 4b. ~ C Print your Il8l1'Mt and aQdress on the I'8V8m of this form 80 that we can return this e card to you. ! C AItach this lann to the front of the mailpiece, or on the back If IpICI cIoes nol J C ~;Retum Receipt Requested" on the maHpiece below thi.Mict. number. C The Return Receipt will show to whom the artide wn dlIIIv-.d and the date g deWered. I 3,Artieha~ru &aU: f 11 GcLtn Wove!. *"3 W/'&~ fo..,/)O/q ~;telL.A t( LooG. 5, R I .By: rint Na . totOI.+~~1 ~ " e. . PS Form 3111, 0-.01>.,1_ 1__10_"_ tng ..rvtces !for an ex1nIlee): 1. D Addressee's Address 2, pCResttIcted Delivery 7001 2510 0009 2827 4b. Service Type o Registered ~Certified o Express Mall 0 Insured ~8tum Receipt for Merchandise 0 COD 7, Date of Delivery - ~ - 0 'd-.... 8, Address..'s Address (Only II requasted an" lee Is palcJ) . . am Oc:wneek ...."" Aece6pt I I 8b91 I f! J I J ". f .0.. ~" ~,,,,~.,"....,,,=.,- o s;; < ur~;'; nlr~; Z:(I Zl~ rr) .1 :<: ;'C ce_' ~0 ~ - ~ ~ ~ 'n (fl -< o C) N ,j :71i: '1:7.. ;;:0 ;'0 'T) . . Jeannie E. Sweitzer, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-1139 : CIVIL ACTION : IN DIVORCE CIVIL TERM Charles Sweitzer, Defendant DEFENDANT'S COUNTER AFFIDAVIT UNDER t3301{Q) OF THE DIVORCE CODE 1. Check either (a) or (b) L(a) I do not oppose entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b) ,/(a) I do not wish to make any claims for economic relief. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. VERIFICA liON I verify that the statements made in this Counteraffidavit 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. 3 - 9 - 0.;2 Date ~.L,S~ harles Sweitzer (") co 0 c: N 'T1 s:: :lI: ., -onJ J:;At .- ;;g mrn ;0 Z::t' N !r;J Zr-- (fJ ).;:' () -<"", GC-:,' -u -T, '- ~~ ~~ i~ 2:c:, -'Jo ~c) .-;E'7rn N ~.-J PC ~ Z N :.g ~ Cll -<, AMEE LOUISE ERB, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-1039 CIVIL ACTION LAW DANIEL A. HAFER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ,;- day of ('II. ~ , 2002, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Amee Louise Erb, and the Father, Daniel A. Hafer, shall have shared legal custody of Daniel Moss Erb, born November 6, 2001. 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 his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child as arranged by agreement of the parties upon the Father's release from incarceration. 5. In the event the parties are unable to reach an agreement as to ongoing partial custody arrangements, either party may file a Petition with the Court for a Conciliation Conference to address the outstanding custody issues. 6. The non-custodial parent shall be entitled to have reasonable telephone contact with the Child. 7. Neither parent shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. J. cc: John F. King, Esquire - Counsel for Mother Daniel A. Hafer - Father ~~ s/~/C:L, A . ~ \i11'iv/mSNN3d }; "1,In,' nil n\i',{lLl:1p'^lnf"l \.L" 1_".\.1.,1.' ,1.. ;'.; 'I tv 00 : I t,ld 1- AYl4 20 3=,q:!~JCr(r3-1iJ \ :1':) .. AMEE LOUISE ERB, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-1039 CNIL ACTION LAW DANIEL A. HAFER, 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 information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Daniel Moss Erb November 6, 2001 Mother 2. A Conciliation Conference was held on April 17, 2002, with the following individuals in attendance: The Mother, Amee Louise Erb, with her counsel, John F. King, Esquire, the maternal grandmother, Faith Erb, and the paternal grandmother, Nora Hummel. The Father, Daniel A. Hafer, is currently incarcerated in the Northumberland County Prison in Sunbury, Pennsylvania and was unavailable to attend the Conference. It is expected that the Father will be released from incarceration in August 2002. 3. Based upon representations made by the Mother and the paternal grandmother (who is in regular contact with the Father), the Conciliator recommends an Order in the form as attached. ftprufl Date d~ d-.mcr t D~~S~~ Custody Conciliator