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HomeMy WebLinkAbout03-2838 TINA LafORCE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, ; NO: DJ -;)..fJl C,~~CT~ v. : CIVIL ACTION - LAW KEITH A ZIMMERMAN, : IN CUSTODY Defendant. COMPLAINT TO CONFIRM CUSTODY AND NOW, comes the Plaintiff, Tina LaForce, by and through her attorneys, Mancke, Wagner & Spreha, and files the following Complaint to Confirm Custody: 1. The Plaintiff, Tina LaForce, is an adult individual currently residing at 402 Center Street, Enola, Cumberland County, Pennsylvania. 2. The Defendant, Keith A. Zimmerman, is an adult individual currently residing at 117 S. Second Street, Newport, Peny County, Pennsylvania. 3. Plaintiff and Defendant are the natural parents of Ryan M. Zimmerman, born June 2, 2002. 4. The child was born out of wedlock. 5. Since the birth of the child, the child has resided with the Plaintiff herein at the address contained in paragraph 1 above. 6. Neither party is a member of the Armed Forces of the United States or any of its Allies. 7. Plaintiff is unaware of any other person asserting a right to custody or partial custody of the child. 8. Plaintiff believes and therefore avers that the best interests of the child is served by granting primary physical custody of the child to the Plaintiff herein, subject to periods of partial custody with the Defendant. WHEREFORE, Plaintiff prays this Court to grant the relief as requested. Respectfully submitted, Mancke, Wagner & Spreha -,,-- . Ri agner, Esquire . . #23103 2233 North Front Street Harrisburg, P A 17110 (717) 234-7051 Attorneys for Plaintiff Date: tjLlI () 3 -2- VERIFICATION 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. j j~7Y\. juftflct.- DATE: 1Y\4 (;2 '1 JDO.;S ;o(J-tq Ji- ~ ~ (N~B ~e;:p ~ r- t -< f1 c-. ;",:" rl :: . ~' € I . {.., TINA LAFORCE PLAINTIFF IN 'IlIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-2838 CIVIL ACTION LAW KEITII A. ZIMMERMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, June 23, 2003 , 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 Thursday, July 31, 2003 at 8:30 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 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 L..- 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 facilitif's 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 ATTOR1\EY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar As"ociation 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,~ ~ <?7'-~-~ ~ ~'Z~~ ~~ $ ~-4v/'V 0se'7 ['cz 51<: "'? Fe? .5(". '7' \'INV'A1ASNN3d AlNnCO C1f.r>i1H::8I"Jn::> o I :2 \~d S Z Nnr 80 AtlV10ii;>i,'/; :10 3JH~O-Cj:].i:j TINA LaFORCE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT OF PENNSYL VANIA, CUMBERLAND COUNTY KEITH A. ZIMMERMAN, Defendant No. 03-2838 CUSTODY PRAF.("'JPF. TO F.NTF.R APPF,ARANC'F. TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-mentioned action for the Defendant, KEITH A. ZIMMERMAN, per his request. Respectfully submitted, W ALZ, W ALZ, SCARINGI & SCARING! Date:July2l,2003 Ju T. Walz k orney 10 #06349 341 Market Street Newport, Pennsylvania 17074 (717) 567-6993 o ~f: -'-"l' , n\j -"7" ;::L ~). , r:"; C .'TJ ~~.~. r:~) Z ~ .-;J C.:l -, " ,.....J C -- or.! :0 -< Plaintiff AU~ 2lIllI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2838 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY \ .:1FORCE, v. KEITH A. ZIMMERMAN, Defendant ORDER OF COURT AND NOW, this J-slt day of August, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody.. The Mother, Tina LaForce and the Father, Keith A. Zimmerman, shall have shared legal custody of the minor child, Ryan M. Zimmerman, born June 2, 2002. 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 Pa. C. S. €l5309, 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. Phvsical Custody.. The parties shall share parenting time in accordance with the following schedule. A. Effective August 16, 2003, and commencing the Saturday of the week during which Father works 6:30 a.m. to 2:30 p.m.. Father will have custody from Saturday at 4:00 p.m. until the following Wednesday at 7:00 p.m. B. Effective August 28, 2003, and commencing the Thursday after Father has worked the 2:30 p.m. to 10:30 p.m. shift rotation, Father will have custody from Thursday at 11 :00 a.m. until Friday at 7:00 p.m. C. Commencing September 5, 2003, on the Friday of the week which ends Father's 10:30 p.m. to 6:30 a.m. shift, Father will have custody from Friday at 11 :00 a.m. until Sunday at 7:00 p.m. D. custody. At times when Father does not have custody, Mother will have 'lJNn~tyy,1 '1-,?~SfvN3d . '-',. 'i"'" IU::J,-,,,,,,,., ""'-'O'''''/V so IE: f,{d !;c 3i7V to AWl r;\ i'i , -'vi ',,,,,,( '..Cr' . ill :10 3JI:1dQ-097ij , NO. 03-2838 CIVIL TERM 3. Holidavs. Father shall have custody for Labor Day from August 31st at 5:00 p.m. until September 1st at 5:00 p.m. Father will provide all transportation for this holiday. 4. Christmas. For Christmas 2003, Father will have custody from 5:00 p.m. December 26th through 5:00 p.m. December 31st. 5. Father will share the 2004 work schedule with Mother promptly after it becomes available to him in December 2003. Father will share the remaining 2003 work schedule with Mother no later than seven (7) days after the date of this Order. 6. Transportation. Except as otherwise stated herein, the parent receiving custody will provide transportation incident to the custodial exchange. 7. The Custody Conciliation Conference shall reconvene on October 14, 2003 at 10:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. BY THE COURT: J. Dis!: P. Richard Wagner, Esquire, 2233 N. Front Street. Harrisburg. PA 17110 Judith T. Walz, Esquire. 341 Market Street. Newport. PA 17074 . -l&f4.C.' /1t.4C.4..J f- .21... o.J q... Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2838 CIVIL TERM TINA LaFORCE, v. CIVIL ACTION - LAW KEITH A. ZIMMERMAN, IN CUSTODY Defendant 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 Ryan M. Zimmerman June 2, 2002 Mother 2. A Custody Conciliation Conference was held on August 14, 2003 with the following individuals in attendance: the Mother, Tina LaForce, and her counsel, P. Richard Wagner, Esquire; the Father, Keith A. Zimmerman, and his counsel, Judith T. Walz, Esquire. The Conciliation Conference was scheduled following the June 17, 2003 filing of Mother's Complaint to Confirm Custody. 3. The parties reached an agreement in the form of an Order as attached. if ~/O) Ltt~hL (h-~ Date Melissa Peel Greevy, Esquire Custody Conciliator :217363 TINA LaFORCE, v. KEITH A. ZIMMERMA OLER, J. --- I) PI intiff OCT 2 0 2.003 ~i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI . NO. 03-2838 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY D fend ant ORDER OF COURT AND NOW, this ~ day of October, 2003, upon consideration of the attached Custody Conciliation S mmary Report, it is hereby ordered and directed as follows: 1. Le al C stod. The Mother, Tina LaForce and the Father, Keith A. Zimmerman, shall hav shared legal custody of the minor child, Ryan M. Zimmerman, born June 2, 2002. Each p rent shall have an equal right, to be exercised jointly with the other parent, to make all m 'or non-emergency decisions affecting the child's general well-being including, but not limi ed to, all decisions regarding his health, education and religion. Pursuant to the terms f Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining 0 the child including, but not limited to, medical, dental, religious or school records, the re idence address of the child and of the other parent. To the extent one parent has posses ion of any such records or information, that parent shall be required to share the same, or pies thereof, with the other parent within such reasonable time as to make the records and i formation of reasonable use to the other parent. 2. Ph sical ustod. The parties shall share parenting time in accordance with the following schedule: A. E ctive October 12, 2003, and commencing the Saturday of the week during w ich Father works 6:30 a.m. to 2:30 p.m., Father will have custody from S nday at 9:00 a.m. until the following Thursday morning when he takes the chil to the babysitter before he returns to work. B. Eff ctive October 23, 2003, and commencing the Thursday after Father has wor d the 2:30 p.m. to 10:30 p.m. shift rotation, Father will have custody from Th rsdayat 11 :00 a.m. until Friday at 7:00 p.m. C. Co mencing October 31,2003, on the Friday of the week which ends Father's 1 :30 p.m. to 6:30 a.m. shift, Father will have custody from Friday at 11 :00 .m. until Sunday at 7:00 p.m. D. custody. At imes when Father does not have custody, Mother will have I!I.; ).~ V1NVt\1\~ AlNnoo CJ/'.JV1~ to IE: t./rl 8l1JO CO Al:N10NOi-l1[JL~J J.'.J.J. dO ;01:f.:iQ-O:l1!:I .. NO. 03-2838 CIVIL T RM 3. Holida. A. Tanks IVIn. For the Thanksgiving 2003 holiday, Father will have custody f om 5:00 p.m. on the day before Thanksgiving until his normal custodial wee end begins on November 28, 2003 at 11 :00 a.m. and throughout his egular custodial weekend. B. C ristmas. For Christmas 2003, Father will have custody from 5:00 p.m. Dece ber 26 h through 5:00 p.m. December 31st. C. F ther will share the 2004 work schedule with Mother promptly after it become available to him in December 2003. It is anticipated that the parties will hav worked out the sharing of the holidays for 2004 by February 27, 2004 in a ordance with the tradition that they have usually followed. However, in th event that the parties are not able to reach an agreement on the sharing 0 holidays, upon proper petition, the Custody Conciliation Conference ma be reconvened for purposes of assisting the parties in the development of holiday sharing schedule. 6. Trans 0 ation. Custodial exchanges which involve parent to parent exchanges are to occ r near the gas station of the Giant grocery store nearest the parent relinquishing custody. The parent receiving custody will call the relinquishing parent before they leave for the meet ng place so as to minimize the child's waiting time in a car. 7. The parti s will alternate in providing transportation for the well-baby checkups for the minor child. M ther shall provide transportation for the child to the next well-baby checkup. Thereafter, t e parties will alternate commencing with Father picking up the child. The parties will continu to meet at the doctor's office. 8. As to usu I pick-up times, pick-up at the babysitter may occur as much as ten (10) minutes earlier as he designated times contained within this Order. J. Ois!: P. Richard Wagner. Es uire. 2233 N. Front Slreet, Harrisburg, PA 17110 Judith T. Walz, Esquir 341 Market Street. Newport. PA 17074 ~~ /0-..2.9<>3 G . . P aintiff OCT 2 0 2003 I IN THE COURT OF COMMON PLEAS oJ CUMBERLAND COUNTY, PENNSYLVANi~ , I NO. 03-2838 CIVIL TERM TINA LaFORCE, v. KEITH A. ZIMMERMA CIVIL ACTION - LAW IN CUSTODY USTODY CONCILIATION SUMMARY REPORT IN ACCORDA CE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDUR 1915.3-8, the undersi ed Custody Conciliator submits the following report: 1. The pe litigation is as follows: information concerning the child who is the subject of this NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF June 2, 2002 Mother 2. The parti s second Custody Conciliation Conference was held on October 14, 2003 with the followi individuals in attendance: the Mother, Tina LaForce, and her counsel, P. Richard gner, Esquire; the Father, Keith A. Zimmerman, and his counsel, Judith T. Walz, Esquir. The parties Conference was scheduled by mutual agreement at the original Custody onciliation Conference with the purpose to review the present arrangement and esta lish whether adjustments were needed to make the Order work in the child's best interest. 3. At the tim of the Conciliation Conference the parties reached an agreement to certain modification of the Order which are contained in the Order attached hereto. However, at the conclu ion of the Conference, the parties had not reached agreement on Mother's request to mo ify Paragraph 2-A. Subsequent to the Conference, Father and his counsel informed the C nciliator that Father would now agree to the proposed modification. Counsel were contacte by letter and the Order was ~. . to shift some of Father's custodial time in the wa that Mother had requested. ( _ D,:e D kt~ ?-; ( A41 i1.: eel Grne'Y. E,,"rn Custody Conciliator :219687 TINA LaFORCE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO: 03-2838 : CIVIL ACTION - LAW KEITH A. ZIMMERMAN, : IN CUSTODY Defendant. PETITION FOR CONTEMPT AND NOW, comes the Petitioner, Tina Laforce, by and through her attorneys, Mancke, Wagner & Spreha, and files the following Petition for Contempt: 1. Your Petitioner, Tina LaForce, is the Plaintiff in the above-captioned matter. 2. The Respondent, Keith A. Zimmerman, is the Defendant in the above- captioned matter. 3. The Court entered an Order October 27,2003, a copy of which is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A. 4. Pursuant to the terms of the Order, the Petitioner was to have the return of the child by December 31,2003, at 5:00 p.m. 5. Despite the clear provisions in the Order, the Respondent failed to return the child on December 31, 2003, and retained custody of the child throughout all of December 31" through January 1, 2004, necessitating the Petitioner going to the home of the Respondent to retrieve the child at 5:00 p.m. on January 1". 6. Because of the limited time she had over Christmas, Petitioner planned Christmas at her mother's with her family on the night of December 31 ", which could not be fulfilled because of the conduct of the Respondent. 7. Petitioner believes that the conduct of the Respondent was reasonable, was intentional, and designed to frustrate the Petitioner, and designed to purposely not comply with the Court Order. 8. Petitioner believes and therefore avers that the Respondent should be held in contempt of court. WHEREFORE, Petitioner requests this Court to find the Respondent in contempt. Respectfully submitted, .' . , ..-.. Bu/.~ 7~ agner, Esquire . . 23103 2233 North Front Street Harrisburg, P A 1711 0 (717) 234-7051 Attorneys for Petitioner Date: J //tJ / t 'i I I VERIFICATION 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. ~t!Ko- '7Yl. cJ~ DATE: d -d'S .04 Plaintiff r... .... ,." "C'" , r- ,'_~' , : 6eT 2~7 {~6f5 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2838 CIVIL TERM TINA LaFORCE, v. KEITH A. ZIMMERMAN, CIVIL ACTION - LAW Defendant IN CUSTODY OLER, J. --- ORDER OF COURT AND NOW, this :l 7 f!:: day of October, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custodv. The Mother, Tina LaForce and the Father, Keith A. Zimmerman, shall have shared legal custody of the minor child, Ryan M. Zimmerman, born June 2, 2002. 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 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. Phvsical Custody. The parties shall share parenting time in accordance with the following schedule: A. Effective October 12, 2003, and commencing the Saturday of the week during which Father works 6:30 a.m. to 2:30 p.m., Father will have custody from Sunday at 9:00 a.m. until the following Thursday morning when he takes the child to the babysitter before he returns to work. B. Effective October 23, 2003, and commencing the Thursday after Father has worked the 2:30 p.m. to 10:30 p.m. shift rotation, Father will have custody from Thursday at 11 :00 a.m. until Friday at 7:00 p.m. C. Commencing October 31, 2003, on the Friday of the week which ends Father's 10:30 p.m. to 6:30 a.m. shift, Father will have custody from Friday at 11 :00 a.m. until Sunday at 7:00 p.m. D. custody. At times when Father does not have custody, Mother will have NO. 03-2838 CIVIL TERM 3. Holidavs. A. Thanksqivinq. For the Thanksgiving 2003 holiday, Father will have custody from 5:00 p.m. on the day before Thanksgiving until his normal custodial weekend begins on November 28, 2003 at 11 :00 a.m. and throughout his regular custodial weekend. B. Christmas. For Christmas 2003, Father will have custody from 5:00 p.m. December 26th through 5:00 p.m. December 31st. C. Father will share the 2004 work schedule with Mother promptly after it becomes available to him in December 2003. It is anticipated that the parties will have worked out the sharing of the holidays for 2004 by February 27, 2004 in accordance with the tradition that they have usually followed. However, in the event that the parties are not able to reach an agreement on the sharing of holidays, upon proper petition, the Custody Conciliation Conference may be reconvened for purposes of assisting the parties in the development of a holiday sharing schedule. 6. Transportation. Custodial exchanges which involve parent to parent exchanges are to occur near the gas station of the Giant grocery store nearest the parent relinquishing custody. The parent receiving custody will call the relinquishing parent before they leave for the meeting place so as to minimize the child's waiting time in a car. 7. The parties will alternate in providing transportation for the well-baby checkups for the minor child. Mother shall provide transportation for the child to the next well-baby checkup. Thereafter, the parties will alternate commencing with Father picking up the child. The parties will continue to meet at the doctor's office. 8. As to usual pick-up times, pick-up at the babysitter may occur as much as ten (10) minutes earlier as the designated times contained within this Order. BY THE COURT: !si Q it) <ld~ (fl_~ 9 ' I I J. Wesl y Oler, Jr., . Dis!: P. Richard Wagner, Esquire, 2233 N. Front Street. Harrisburg, PA 17110 Judith T. Walz. Esquire. 341 Market Street, Newport, PA 17074 r,r:: 9 r t,: ,-., "'" .,""" ;lI"p" ,~...." ,."'.... 1. "- ".,J t,e" tc ~"f,ll,J ~lji~ roC ~",:i!.."""':J ;;'~ 1.,1 In , ~ i~'W (':('~! 1)1 r;C&'c~t i:H {'-"";;'~IJJ)< i:a "-".E~" ,,"', , v~~''''0rl;:;', ii fi rhis .:/A::....daY at ~ ,2~ . "'=f"'0/4~ {2 51wJh " ~ PIIJlhonotarv TINA LaFORCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2838 CIVIL TERM v. KEITH A ZIMMERMAN, CIVIL ACTION - LAW 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 Ryan M. Zimmerman CURRENTLY IN THE CUSTODY OF June 2, 2002 Mother 2. The parties second Custody Conciliation Conference was held on October 14, 2003 with the following individuals in attendance: the Mother, Tina LaForce, and her counsel, P. Richard Wagner, Esquire; the Father, Keith A Zimmerman, and his counsel, Judith T. Walz, Esquire. The parties Conference was scheduled by mutual agreement at the original Custody Conciliation Conference with the purpose to review the present arrangement and establish whether adjustments were needed to make the Order work in the child's best interest. 3. At the time of the Conciliation Conference the parties reached an agreement to certain modifications of the Order which are contained in the Order attached hereto. However, at the conclusion of the Conference, the parties had not reached agreement on Mother's request to modify Paragraph 2-A Subsequent to the Conference, Father and his counsel informed the Conciliator that Father would now agree to the proposed modification. Counsel were contacted by letter and the Order was mo .. to shift some of Father's custodial time in the way that Mother had requested. I D I, 1(0 ~ ld&rllYIi!L, ~ Date . Me issa eel Greevy, Esquire Custody Conciliator :219687 "pp~ ~ i 9 .:t: ~ 0 \) N 0 '> (;, ~ ~ ~ J (') c ~,;:,~ !.'- Oi _ (~.: .....-. C ~:. ---, -< N -r, r:':' ..- co '" = ~ o '1 --I ~ f"h2J r--. -eo c'i .....' T ~;~-; C) bI1 "("'! ~:~~ f! 1 ?::: S~~ ._'.. TINA LafORCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KEITH A. ZIMMERMAN,: Defendant NO. 03-2838 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of March, 2004, upon consideration of Plaintiffs Petition for Contempt, this matter is referred to the custody conciliation process, and the Court Administrator is requested to facilitate this referral. BY THE COURT, J. /P. Richard Wagner, Esq. Attorney for Plaintiff Audith T. Walz, Esq. Attorney for Defendant } Cumberland County Court . Administrator -;lad ~ ..3/11/11 'I /~ :rc \/:i,"':'''://'< ';',.r.~,n8 "'~" :i" 1.1,\ r., \ \,\,,:\1 ",r!~7 ,\J ,~,\ ,'.. ',' \,. ~" if. Uu.... TINA LAFORCE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-2838 CIVIL ACTION LAW KEITH A. ZIMMERMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, March 29, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa p, Greevy, Esq, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, April 20, 2004 , the conciliator, at 10:30 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 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 hearinj!;. FOR THE COURT, By: Isl Melissa P. Gree't'Y, Esq. Custody Conciliator mhc 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 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 ~ f? 7- Pfr7-W ~ W?~~~ ~:P1-~~'n L \..('" ~~-->,nr3d ("\. V'~l,til'''). .......'c.""",, ., " "",,,,,,,"'.1rJ''t ,...... I t>,10,C() (\~'i'; I',,;.,' ,., f\J..li\ '... l.Id \ - l:ldV 'tOOZ gt::\ 11 :Ji-\' :10 "~"(\lJ\Odd ,.j. 1 "j'\i!Ui"~' '-era'nl.' h_ '''''' -.....IJ I, ::l \:1 :JJIL .. J7tJ./ ./J jO, / -/7 hr? '/-/7 v, : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, :PENNYSLVANIA : NO, 03-2838 : CIVIL ACTION - LAW TINA LafORCE, Plaintiff KEITH A. ZIMMERMAN, Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes the Defendant, Keith A, Zimmerman, by and through his attorneys, Walz, Walz, Scaringi & Scaringi, who respectfully petitions the Court as follows: 1, Petitioner, Keith A. Zimmerman, is the Defendant in the above-captioned custody case, 2, Respondent, Tina LaForce, is the Plaintiff in the above-captioned custody case, 3, On or about October 27th, 2003, after a custody conciliafion, an Order was issued in the above-captioned case, 4 Paragraph three (3) subparagraph C of said Order states that upon proper petition the Custody Conciliation Conference can be reconvened for the purposes of assisting the parties in the development of a holiday sharing schedule. 5, PetitionerlDefendant believes and avers that the parties have been unable to reach an agreement on how fo share holidays and avers that there exists some level of confusion between fhe parties regarding the holiday and the regular custody schedule. " 6, On another matter, RespondentIPlaintiffhas filed a Petition for Contempt alleging that Petitioner/Defendant is willfully in contempf of said Order fi)f failing to return the subject child on December 31 5t 2003 and for retaining the child throughout all of December 31 5t throughout January 1st 2004. 7. A Pre-Hearing Custody Conference has been scheduled for Tuesday, April 20, 2004, at 10:30 A.M, in front of Melissa Greevy, Esquire for the purpose of considering RespondentlPlaintiffs Petition for Contempt. 8, Petitioner/Defendanf specifically denies that he was willfully and intentionally in contempt of said Order, but admits to being somewhat confused by said Order and the representations of Res pondentIP lain tiff, 9. Petitioner/Defendant desires to use this time before the Custody Conciliator on Tues~ay, April 20th 2004 to request certain modifications to s~dl Order that may include changes to the existing regular custody schedule, such as the addition of vacation time, the addition of time for PetitionerlDefendant during his August plant shutdown, the expansion of certain time for Petifioner/Defendanf during the regular custody schedule, the clarification of certain terms, and a more specific and comprehensive holiday schedule, Petitioner/Defendanf believes that any and all of his requests are in the best interests offhe child, WHEREFORE, Petitioner/Defendant respectfully requests that the this Honorable Court order and decree that the Petitioner/Defendant may use his time before the Custody Conciliation on Tuesday, April 20th to make fhe above requests. d~~/tH ~ "- "~L: cA, gi,Esq . e Attorne for etitione efendant Supreme ill No. 88346 341 Market Street Newport, PA 17074 717-567-6993 VERIFICATION I verify that the statements made in this Petition are true lmd correct. I understand that false statemenfs herein are made subject fo the penalties of 18 Pa.C.S, S 4904, relating to unsworn falsification to authorities. Date: '1-lfp - 0"'; ~~5. ,.-- ,- Keith A. ~~an Petitione " v, : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, : PENNYSLV ANIA : NO, 03-2838 : CIVIL ACTION - LAW TINA LafORCE, Plaintiff KEITH A. ZIMMERMAN, Defendant : IN CUSTODY CERTIFICATE OF SERVIC]~ I, Melissa Osborne, Paralegal for Walz, Walz, Scaringi & Scaringi, do hereby certify that a copy of the Defendant's Petition to Modify Custody in the above-captioned custody action has been duly served upon Plaintiffs counsel, Rich Wagner, Esquire and the custody conciliator, Melissa Greevy, Esquire via facsimile to the following corresponding facsimile numbers (717) 234-7080 and (717) 761-3015 and, by depositing same in the United States Mail, First Class, Postage Prepaid, on April 17, 2004 and addressed as follows: Rich Wagner, Esquire 2233 North Front Street Harrisburg, Pennsylvania 17110 Melissa Greevy, Esquire 30 I Market Street Lemoyne, Pennsylvania 17043 Date: [} 1JI7;} I 7 I ,2004 !I.h A(}/J tLf.QjJ./nn,/lL 0 Melissa Osborne, Paralegal Walz, Walz, Scaringi & Scaringi p~ ~ {p ~ ~ & O...:t ~ ~ - )..:; ~ ~ -< o ~ ~ ~ 't1.,,:, > [lj~~~ -0 ...:::: ~1: ::::0 :71-' N ~:J ::;': CD r;;o ;i~o -0 ~.O ::J: Pc ~ ~ W <XI ~ :r~ mpl I~ ., -., ~ '< APR 3 U Z004Y{ 0 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-2838 CIVIL TERM TINA LaFORCE, v. CIVIL ACTION - LAW KEITH A. ZIMMERMAN, IN CUSTODY Defendant OLER, J, --- ORDER OF COURT AND NOW, this SIt day of ~ 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1, This Court's Order of October 27, 2003 shall remain in full force and effect as modified by the following: A. Mother shall have custody for the Memorial Day holiday 2004 as a make up day due to Father's conduct in his failure to produce the child on December 31, 2003 as per the Order of October 27, 2003. B. Father will have custody for Father's Day and Mother will have custody for Mother's Day, The custodial period for these holiidays shall be from 5:00 p,m, the Saturday before the holiday until 5:00 p.m. on the holiday. C. The Custody Conciliation Conference shall reconvene on June 29, 2004, at 10:30 a.m. at the office of the Custl:>dy Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. BY THE COURT: Dist: .A'>.. Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110 ~arc A. Scaringi, Esquire, 341 Market Street, Newport, PA 17074 ~ ~ 06 -co -() I ~ -". \- o uJ-y SJt5 1..' -~ .:- ...L.- 6'0 bp: [L\O-- .;!uJ IJ-iS '0 r- c--l 8> :C C>oo I..'") I ~ ;:t: g:. ~ ~ ~~ i;3?E~ !--)0 -~~>- .:Off) ',;;)y~ ~ -, [) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-2838 CIVIL TERM TINA LaFORCE, v. CIVIL ACTION - LAW KEITH A. ZIMMERMAN, IN CUSTODY Defendant 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 CURRIENTL Y IN THE CUSTODY OF Ryan M, Zimmerman June 2, 2002 Mother 2. The parties' third Custody Conciliation Conference was held on April 20, 2004 with the following individuals in attendance: the Mother, Tllna LaForce, and her counsel, p, Richard Wagner, Esquire; the Father, Keith A, Zimmerman, and his counsel, Marc A, Scaringi, Esquire, This Conference was scheduled following Mother's filing of a Petition for Contempt on March 12,2004. 3. The parties have reached an agreement with regard to the resolution of the contempt matter in the form of Order as attached. It is noted that Father has filed a Petition to Mod", th, p'"'''' C"'tody 0"'", Co",,,, 'm t~' '"II 'd. empt to resolve that matter prior to the next scheduled Custody ConciliatiQi'l, ~ ~I ~" p", Om,,,,,, E",lrn Custody Conciliator :227737 TINA LAFORCE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 03-2838 CNIL ACTION LAW KEITH A. ZIMMERMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 11, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq, at 301 Market Street, Lemoyne, PA 17043 on Tuesd:oy, June 29, 2004 , the conciliator, 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 conrt 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 hearinj!;, at 10:30 AM FOR THE COURT, By: Isl Melissa P. Greevy, Esq, Custody Conciliator mhc 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 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 ~~~ ~~ 4; 1!J./IF ~.~ ~ ~ ~/L, irl-j;,? -rrJ1 r '?- ~ ~V ',P7J )dJ.//-f' C11":~'t\-l U'n "'1'1 , v.I.,.'. /\;:;;i\ijy-;C liNn....' - , fUI . , ;' . (1', ". ,." ~"",-" "~J ,,"""'-IJNn'" .'.,1"V eo :~ lid I/)., VI~ ~ODZ AW10NOHlOUd :JHl :10 301:!=KKE18 JUL 1 6 2004 r( TINA LaFORCE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO, 03-2838 CIVIL TERM v. CIVIL ACTION - LAW KEITH A, ZIMMERMAN, IN CUSTODY Defendant OLER, J, --- ORDER OF COURT AND NOW, this 7 :L.J day of July, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ORDERED and directed as follows: 1, This Order VACATES and replaces all prior Orders related to the custody of Ryan M. Zimmerman, born June 2, 2002, 2, Leaal Custodv, The Mother, Tina LaForce and the Father, Keith A. Zimmerman, shall have shared legal custody of the minor child, Ryan M. Zimmerman, born June 2, 2002, Each parent shall have an equal right, to bl~ 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 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. 3, Physical Custody, The Mother shall have primary physical custody subject to Father's rights of liberal partial custody in accordance with the following schedule: A. On the Sunday of the week after which Father works 6:30 a,m, to 2:30 p,m" Father will have custody from SundalY at 5:00 p,m, until the following Thursday morning when he takes the child to the babysitter before he returns to work, B. On the Thursday after Father has worl<ed the 2:30 p,m, to 10:30 p,m, shift rotation, Father will have custody from Thursday at 11 :00 a,m. until Friday at 7:00 p,m, C, On the Friday of the week which ends Father's 10:30 p,m, to 6:30 a.m. shift, Father will have custody from Friday at 11 :00 a,m, until Monday at 7:00 p.m, D, custody, At times when Father does not have custody, Mother will have ~2 .::<; ~j2 CT.:(:,::J ;,,~O"~ ]J(:) (-.JfJ:: .':9w_ LL~r::! ;:!::: " C5 "':l '" -J ':::-J -:. -.,.. 2g <'..J , <::;) - - ...... -- "'" ,~ ;~~;! 'J;~1 jI/E ::J () - NO, 03-2838 CIVIL TERM 4, Holidavs, The following holiday schedule supelrcedes the regular and vacation schedules: A. The parties will alternate the following holidays beginning with Father having custody for Labor Day, 2004: IEaster, Memorial Day, Independence Day, Labor Day and Thanksgiving, The custodial period for these holidays shall be from 5:00 p,m, the day before the holiday until 5:00 p,m. on the holiday, except for Independence Day which shall be from 8:00 a,m. on the holiday until 8:00 a,m, the next day, B, Christmas, The Christmas holiday wiill be in two segments, Segment A will be from December 24 at 5:00 p.m, until December 25, at 5:00 p,m, Segment B will be from December 25 at 5:00 P,Il1, until December 26, at 5:00 p,m. In even numbered years, Father shall have, Segment A and Mother shall have Segment B. In odd numbered years, Mothlar shall have Segment A and Father shall have Segment B. The remaining days between December 26 through and including New Years Day, shall be shared equally by the parties. H:lwever, if Mother has to work during those days, Father may have custody during her work hours due to his plant shut down and his other son being in town during that period. C, Mother's Dav and Father's Dav, The custodial period for these days shall be from 8:00 a,m, until 7:00 p.m, Father shall have custody for Father's Day. Mother shall have custody for Mother's Day, 5. Father shall share his work schedule with Mother promptly after it becomes available to him, typically in December each year. Father will promptly notify Mother of any changes to the schedule which occur aftlar its publication. 6, Vacation, Each parent shall be entitled to up to three (3) non- consecutive weeks of vacation per year, which need not be taken in the summer, The week of the August plant shut down shall always be reserved to Father for one of his three weeks, Parties shall give each other notice of intended scheduled summer vacation time by April 1, In the event of conflicting vacatil:ln plans, the party first providing written notice shall have choice of vacation time, In recognition of the child's young age, scheduling of vacation shall not be arranged such that the child Is separated from either parent for more than fourteen (14) consecutive days, NO, 03-2838 CIVIL TERM 7. TransDortation, Custodial exchanges which involve parent to parent exchanges are to occur near the gas station of the Giant grocery store nearest the parent relinquishing custody. The parent receiving custody will call the relinquishing parent before they leave for the meeting place so as to minimize the child's waiting time in a car. 8, The parties will alternate in providing transportcltion for the well-baby checkups for the minor child, Mother shall provide transportation for the child to the next well-baby checkup, Thereafter, the parties will alternate commencing with Father picking up the child, The parties will continue to meet at the doctor's office, 9. As to usual pick-up times, pick-up may occur as much as ten (10) minutes earlier as the designated times contained within this Order. BY THE COURT: Dist: P. Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110 .' 7- ;J3-a'f Judnh T. Walz, Esquire. 341 Market Street, Newport, PA 17074 ~ ~ L)- JUl 1 6 2004 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2838 CIVIL TERM TINA LaFORCE, v. CIVIL ACTION - LAW KEITH A. ZIMMERMAN, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the fQllowing 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 Ryan M. Zimmerman June 2, 2002 Mother 2. The parties' fourth Custody Conciliation Con"ference was held on June 29, 2004 with the following individuals in attendance: the Mother, Tina LaForce, and her counsel, P. Richard Wagner, Esquire; the Father, Keith A. Zimmerman, and his counsel, Melanie Scaringi, Esquire, The parties Conference was scheduled to address the vacation and holiday schedules and the times when Father's plant is shut down in August and December each year. 3. At the time of the Conciliation Conference the parties' counsel offered their client's positions and concerns, Father's counsel presentEld a draft stipulation, Mother's counsel presented a written response to the stipulation "from Mother. Father's counsel subsequently provided a copy of the Marital Settlement Agreement containing Custody provisions relating to another of Father's children and the time he is allocated with that child, Counsel for both parties asked that the conciliator make a recommended Order. Father's counsel noted that he wants to have his children be able to spend time together in the summer and at the Christmas school break. Mother's counsel indicated that she is not satisfied with having Father's schedule focus only on days when he is not working, 4. The Co,.';a\o, p-~ the alta,hed Aed o~ 1/ 1/ffI el;1:.6:..." Eoq';" Custody Conciliator v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNYSL VANIA : NO, 03-2838 : CIVIL ACTION - LAW TINA LafORCE, Plaintiff KEITH A, ZIMMERMAN, Defendant : IN CUSTODY AND NOW, comes the Defendant, Keith A, Zimmerman, by and through his attorneys Walz, PETITION TO MODJF)'" CUSTODY ORDER Walz, Scaringi & Scaringi, and respectively petitions the Court as follows: 1. Petitioner, Keith A, Zimmerman, is the DefendantlFather in the above-captioned custody action, 2, Respondent, Tina LaForce, is the Plaintiff/Mother in the above-captioned custody action, 3. On or about July 22, 2004, at the conclusion of the custody conciliation, an Order was issued in the above-captioned action in regards to the custody of the subject minor child, Ryan M. Zimmerman, 4. PetitionerfFather believes and avers it is the best interest of the child to modify said Order as set forth below, Said Order does not address all the issues ne.:eSsary to effectuate the best interest of the subject minor child. a, Regarding paragraph four of said Order, it should be amended to state, "During the holidays of Thanksgiving Day, Labor Day and Easter Sunday, PetitionerfFather shall have custody of the subject minor child on odd numbered years and Respondent/Mother shall have custody of the subject minor child on even numbered years, During the holidays of Memorial Day and July 4th Day PetitionerlFather shall have custody of the subject minor child during even numbered years and RespondentIMother shall have custody of the subject minor child during odd numbered years," b, Regarding paragraph four, the following language shall be added, "During the holiday of New Year's, RespondentIMother shall have custody of the subject minor child on December 31, 2004, at 5:00 P,M. and concluding on January 1, 2005, at 5:00 P,M" and continuing on odd numbered years thereafter. During the holiday of New Year's, PetitionerlFather shall have custody ofthe subject minor child on December 31, 2005, at 5:00 P,M. and concluding on January 1,2006, at 5:00 P.M" and on even years thereafter. The schedule for the New Year's holiday is determined by the odd or even numbered year upon which New Year's Day falls. c, Regarding paragraph four section c, Mother's Day and Father's Day, the custodial period for these days shall be from 5:00 P.M, the evening prior to Mother's Day and Father's Day until 5:00 P.M. of said day, with Mother having custody of subject minor child on Mother's Day and Father having custody of subject minor child on Father's Day, d, Each party shall enjoy a custodial time period referred to as "Family Christmas," which shall consist of eight (8) hours of uninterrupted custodial time with the subject child so that the child can spend time with each parent's extended family for a Family Christmas, This time is in addition to the regular Christmas holiday schedule. PetitionerlFather's eight (8) hour Family Christmas shall be held on the Saturday or Sunday immediately following Christmas Day, and shall be held on the day that would otherwise not interfere with Respondent/Mother's New Years holiliay schedule, Each parent shall notify the other parent in writing of his/her requested Family Christmas period on or before the Thanksgiving Day immediately preceding the Family Christmas period. In the event of conflicting Family Christmas plans, the party first providing written notice shall prevail. e, The following language shall be added, "When either parent's holiday or vacation custodial time is overlapping or back to back with his custodial time pursuant to the regular custody schedule, that parent's custodial time shall be exte:nded so that parent can have the maximum time with the child that is permitted by the two merged custody schedules," f. Regarding paragraph six of said Order, it should be amended to allow the parties to provide each other with notice of intended scheduled summer vacation time with three weeks advance notice. g, All other terms set forth in the Order issued on or about July 22, 2004 shall remain in effect. WHEREFORE, PetitionerlFather prays that Your Honorable Court grant a conciliation between the within parties and at the conclusion of said conciliation grant the relief herein requested and any other relief this Honorable Court deems fair and just. Respectfully submitte ~1 a Marc A, Sc ingi Esquire Attorney for ' ioner Supreme Court ID No. 88346 Walz, Walz, Scaringi & Scaringi 341 Market Street Newport, PA 17074 717-567.6993 Date If) - 8 ,2004 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, S 4904, relating to unsworn falsification to authorities, Date: /0 -- 6-;<=Y ~~~' Keith A.~ erman Petiticrtfef v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNYSL vANIA : NO, 03-2838 : CIVIL ACTION - LAW TINA LaFORCE, Plaintiff KEITH A. ZIMMERMAN, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Melissa Osborne, Paralegal for Walz, Walz, Scaringi & Scaringi, do hereby certify that a copy of the Defendant's Petition to Modify Custody Order filed in the above-captioned custody action has been duly served upon Plaintiff's counsel, Rich Wagner, Esquire and the custody conciliator, Melissa Greevy, Esquire by depositing same in the United States Mail, First Class, postage Prepaid, on the below date and addressed as follows: Rich Wagner, Esquire 2233 North Front Street Harrisburg, Pennsylvania 17110 Melissa Greevy, Esquire 301 Market Street Lemoyne, Pennsylvania 17043 Date: ID / g' I ,2004 IL~~O~ Melissa Osborne Walz, Walz, Scaringi & Scaringi (:) ~ ~ ~ ~ l"-' C) ~- ;- c-, D ",,:') -I] -.. "- ~ :t D ~'l " _.~ r~l t' in ~ () C) 6"'- -J ~ -0 - - p:. ~ -.. -P TINA LAFOIlCE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 03-2838 CIVIL ACTION LAW KEITH A. ZIMMERMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, Octoher 16, 1004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa p, Greevy, Esq, at 301 Market Street, Lemoyne, PA 17043 on Wednesday, November 17, 2004 , the conciliator, at 11:30 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 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 existin!: Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48.hours prior to scheduled hearinl!. FOR THE COURT, By: Isl Melissa P. Greevv, Esq. Custody Conciliator mhc 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 hearing or business before th,~ 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 ~ ~? ~ I.MJ /1rJ-L.fJJ( ~.~ 't~ ~ -PQ j,(J'Lf-O( ~>\rp f? ~ #Q.~ ,M.(e.()/ }, r" \ .C ~.1.\ G \ .0 ,c'.,' ,7; ~,UJl :.....'-.... -,', , < -".< ..10 ,1.,'cjcJl.C~~~~-&'{lk(d-il " Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2838 CIVIL TERM TINA LaFORCE, v. CIVIL ACTION - LAW KEITH A. ZIMMERMAN, IN CUSTODY Defendant 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 Ryan M. Zimmerman June 2, 2002 Mother 2. The parties' fifth Custody Conciliation Confere~nce was held on November 17, 2004 with the following individuals in attendance: the Mother, Tina LaForce, and her counsel, P. Richard Wagner, Esquire; the Father, Keith A. Zimmerman, and his counsel, Marc Scaringi, Esquire. 3. The parties reached an agreement as to modifications contained in the Order as attached. The issue upon which the parties did not agree was Father's request for Mother to provide him with proof from her employer of days when she has the child with her during the day by reason of vacation time taken from work. Father expressed concern that Mother may tell him she was taking time off work and falsely use that as a reason to withhold custody during her work hours. The Conciliator delclines to place this requirement on the Mother and/or her employer. () Iyd;;j{lf LJ):it.~J&'~ Date elissa Peel Greevy, Esquire Custody Conciliator :239542 NOV 2 9 2004 5 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2838 CIVIL TERM TINA LaFORCE, v. CIVIL ACTION - LAW KEITH A. ZIMMERMAN, IN CUSTODY Defendant OLER, J. --- ORDER OF COURT 1.1 P~c., AND NOW, this ~ day of Wfw~~, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order VACATES And replaces all prior Orders related to the custody of . Ryan M. Zimmerman, born June 2,2002. 2. Leoal Custody. The Mother, Tina LaForce and the Father, Keith A. Zimmerman, shall have shared legal custody of the minor child, Ryan M. Zimmerman, born June 2, 2002. 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 Pa. C. S. 95309, 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. 3. Physical Custody. The Mother shall have primary physical custody subject to Father's rights of liberal partial custody in accordance with the following schedule: A. On the Sunday of the week after which Father works 6:30 a.m. to 2:30 p.m., Father will have custody from Sunday at 5:00 p.m. until the following Thursday morning when he takes the child to the babysitter before he returns to work. 8. On the Thursday after Father has work,ed the 2:30 p.m. to 10:30 p.m. shift rotation, Father will ha",e custody from Thursday at 11 :00 a.m. until Friday at 7:00 p.m. ... ;>.. /J) cr "" i2.J:: jJ,/ :::::2 - - ~.)(~. .,.- Ci- _,oj ~"'- !-4: ,.L: "'Cl: 9F:. . ..) N C:Jr'''' Lu 6:: , __,I C-') a:lU ::r:: lw j f.- e::> J 1..1.._ ..;:r ~'2: 0 gg :::) ~ U NO. 03-2838 CIVIL TERM C. On the Friday of the week which ends Father's 10:30 p.m. to 6:30 a.m. shift, Father will have custody from Friday at 11 :00 a.m. until Monday at 7:00 p.m. D. custody. 4. Holidavs. The following holiday schedule supersedes the regular and vacation schedules. At the conclusion of the defined holiday time, the parties will immediately revert to the regular schedule, returning the child with the p~~rent having custody under the schedule set forth in Paragraph 3 of this Order except as they mutually may agree to deviate or common sense would dictate. At times when Father does not have custody, Mother will have A. Alternatina Holidavs: During the holidays of Thanksgiving Day, Labor Day and Easter Sunday, Father shall have custody of the child in odd- numbered years and Mother shall have custody of the child in even-numbered years. During the holidays of Memorial Day and Independence Day, Father shall have custody of the child in even-numbered years and Mother shall have custody of the child in odd-numbered years. The custodial period for these holidays shall be from 5:00 p.m. the day before the holiday until 5:00 p.m. on the holiday, except for Independence Day which shalll be from 8:00 a.m. on the holiday until 8:00 a.m. the next day. B. Christmas The Christmas holiday will be in two (2) segments. Segment A will be from December 24th at 5:00 p.m. until December 25th at 5:00 p.m. Segment B will be from December 25th at 5:00 p.m. until December 29th at 9:00 a.m. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. C. Christmas Break I New Year's. During the holiday of New Year's, Father shall have custody of the minor child on December 29, 2004 at 9:00 a.m. until January 1, 2005 at 5:00 p.m. and continuing in odd-numbered New Year's thereafter. During the holiday of New Year's, Mother shall have custody of the minor child on December 29, 2005 at ~I:OO a.m. through January 1, 2006 at 5:00 p.m. and in even-numbered New Year's thereafter. The schedule for the New Year's holiday is to be determined by the odd or even numbered years upon which New Year's Day falls" If Mother has to work during those days between Christmas and New Year, Father may have custody during her work hours due to his plant shutdown and his other son being in town during that period. In the event that Father elects to exercise custody during Mother's work hours between December 26th and December NO. 03-2838 CIVIL TERM 31St, Father shall be responsible for all transportation incident to these custodial exchanges. D. Mother's Day I Father's Day. The custodial period for these days shall be from 5:00 p.m. the day before the holiday until 5:00 p.m. the day of the holiday. Father shall have custody for Father's Day. Mother shall have custody for Mother's Day. 5. F ather shall share his work schedule with Mother promptly after it becomes available to him, typically in December each year. Father will promptly notify Mother of any changes to the schedule which occur after its publication. 6. Vacation. Each parent shall be entitled to up to three (3) non-consecutive weeks of vacation per year, which need not be taken in the summer, but shall include the parties' regular custodial weekend. For purposes of this paragraph, a week shall be defined as seven (7) consecutive days of custody. The week of the August plant shut down shall always be reserved to Father for one of his three (3) weeks. The parties shall give each other notice of intended scheduled summer vacation time by April 1st. In the event of conflicting vacation plans, the party first providing written notice shall have choice of vacation time. In the event that either parent has not scheduled vacation by April 1st, they remain free to schedule vacation time upon three (3) weeks advance notice to the other parent. However, vacation time chosen will be subject to prior written notice of intended vacation plans given by the other parent. In recognition of the child's young age, scheduling of vacation shall not be arranged such that the child is separated from either parent for more! than fourteen (14) consecutive days. 7. Transportation. Custodial exchanges which involve parent to parent exchanges are to occur near the gas station of the Giant grocery store nearest the parent relinquishing custody. The parent receiving custody will cal~ the relinquishing parent before they leave for the meeting place so as to minimize the child's waiting time in a car. 8. The parties will alternate in providing transportation for the well-baby checkups for the minor child. Mother shall provide transportation for the child to the next well-baby checkup. Thereafter, the parties will alternate commencing with Father picking up the child. The parties will continue to meet at the doctor's office. NO. 03-2838 CIVIL TERM 9. As to usual pick-up times, pick-up may occur as much as ten (10) minutes earlier as the designated times contained within this Order. BY THE COURT: J. wes~~t Dist: 6ichard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17'110 ;Marc Scaringi, Esquire, 341 Market Street, Newport, PA 17074 " ~ ~ I ')...-0 ?.-O~ TINA LafORCE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintift7Petitioner, v. : NO: 03-2838 : CIVIL ACTION - LAW KEITH A. ZIMMERMAN, : IN CUSTODY DefendantlRespondent. PETITION FOR CONTEMPT 1. The Petitioner, Tina Laforce, is the Plaintiff in the above-captioned matter. 2, The Respondent, Keith A. Zimmerman, is the Defendant in the above-captioned matter. 3. An Order was entered on December 1, 2004, a copy of which is attached hereto, incorporated herein by reference, made a part hereof, and markl~d as Exhibit A, setting fonh the custody arrangement for the parties' son, Ryan Zimmerman, born June 2, 2002. 4. The Petitioner believes and therefore avers that the Respondent is in contempt of the attached Order for the following reasons: A. The Respondent did not afford Petitioner fhe vacation to which she was entitled causing the Petitioner to loose $250.00 in down payment; B. The vacation denial has occurred at least three (3) times in the past; C. The Respondent, from time to time, has unilaterally changed the custody Order without the consent of the Petitioner causing the F'etitioner to loose time with the child; and D. The Respondent has from time to time failed to abide by the pick up and delivery provisions of the Order. 5. As a result of the above, Petitioner believes that the Respondent has acted willfully and intentionally to deprive the Petitioner of her custodial rights und,~r the Court Order. WHEREFORE, Petitioner prays this Court to find the R,~spondent in contempt, Respectfully submitted, Mancke, Wagner &. Spreha c d Wagner, Esquire . 23103 2233 North Front Street Harrisburg, PA 17110 (717) 234..7051 Attorneys for Petitioner Date: q / ;;, 0/" 7" . I -2- VERIFICATION 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. '-- ~Q 'Th. de-. KnU-.. DATE: ~ :2'8 ~~~ I NOV 2 9 2004 C Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2838 CIVIL TERM TINA LaFORCE, v. CIVIL ACTION - LAW KEITH A. ZIMMERMAN, IN CUSTODY Defendant OLER, J, --- ORDER Pf COURT 1 \~c.. AND NOW, this ---I-- day of Nave",ber, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1, This Order VACATES And replaces all prior .orders related to the custody of Ryan M, Zimmerman, born June 2, 2002. 2. Leqal Custodv, The Mother, Tina LaForce and the Father, Keith A. Zimmerman, shall have shared legal custody of the minor child, Ryan M, Zimmerman, born June 2, 2002. 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 Pa. C, S, 95309, 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. 3, Phvsical Custodv. The Mother shall have primary physical custody subject to Father's rights of liberal partial custody in accordance with the following schedule: A, On the Sunday of the week after which Father works 6:30 a,m, to 2:30 p,m" Father will have custody from Sunday at 5:00 p.m, until the following Thursday morning when he takes the chilcl to the babysitter before he returns to work. 8, On the Thursday after Father has worked the 2:30 p,m. to 10:30 p.m, shift rotation, Father will have custody from Thursday at 11 :00 a,m. until Friday at 7:00 p,m, -A - NO, 03-2838 CIVIL TERM C. On the Friday of the week which ends Father's 10:30 p,m, to 6:30 a,m. shift, Father will have custody from Friday at 11;00 a.m. until Monday at 7;00 p.m. D, custody, 4. Holidays. The following holiday schedule supersedes the regular and vacation schedules. At the conclusion of the defined holiday time, the parties will immediately revert to the regular schedule, returning the child with the parent having custody under the schedule set forth in Paragraph 3 of this Order except ns they mutually may agree to deviate or common sense would dictate, At times when Father does not have custody, Mother will haye A. Alternatina Holidays: During the holid:3Ys of Thanksgiving Day, Labor Day and Easter Sunday, Father shall have cLlstody of the child in odd- numbered years and Mother shall have custody of the child in even-numbered years. During the holidays of Memorial Day and Independence Day, Father shall have custody of the child in even-numbered ye,3rs and Mother shall have custody of the child in odd-numbered years. The custodial period for these holidays shall be from 5:00 p,m. the day before the holiday until 5:00 p,m. on the holiday, except for Independence Day which shall be from 8:00 a,m, on the holiday until 8:00 a.m. the next day. B. Christmas The Christmas holiday will be in two (2) segments. Segment A will be from December 24th at 5:00 p,m. until December 25th at 5:00 p.m, Segment B will be from December 25th at 5:00 p,m, until December 29th at 9:00 a.m, in even-numbered years, Father :shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. C, Christmas Break I New Year's. DIJring the holiday of New Year's, Father shall have custody of the minor child! on December 29, 2004 at 9:00 a,m, until January 1, 2005 at 5:00 p,m, and continuing in odd-numbered New Year's thereafter, During the holiday of New Year's, Mother shall have custody of the minor child on December 29, 2005 at 9:00 a,m, through January 1, 2006 at 5:00 p,m, and in even-numbered New Year's thereafter, The schedule for the New Year's holiday is to be determined by the odd or even numbered years upon which New Year's Day falls. If Mother has to work during those days between Christmas and New Year, Father may have custody during her work hours due to his plant shutdown and his other son being in town during that period. In the event that Father elects to exercise custody during Mother's work hours between December 26th and December NO, 03-2838 CIVIL TERM 31St, Father shall be responsible for all transportation incident to these custodial exchanges. D. Mother's Dav I Father's Dav. The custodial period for these days shall be from 5:00 p.m. the day before the holiday until 5:00 p.m, the day of the holiday. Father shall have custody for Father's Day, Mother shall have custody for Mother's Day, 5. Father shall share his work schedule with Mother promptly after it becomes available to him, typically in December each year, Father will promptly notify Mother of any changes to the schedule which occur after its publication, 6, Vacation. Each parent shall be entitled to up to three (3) non-consecutive weeks of vacation per year. which need not be taken in the summer, but shall include the parties' regular custodial weekend, For purposes of this pElragraph, a week shall be defined as seven (7) consecutive days of custody. The week of the August plant shut down shall always be reseNed to Father for one of his three (3) weeks, The parties shall give each other notice of intended scheduled summer vacation time by April 1st, In the event of conflicting vacation plans, the party first providing written notice shall have choice of vacation time, In the event that either parent has not scheduled vacation by April 1 st, they remain free to schedule vacation time upon three (3) woeks advance notice to the other parent. However, vacation time chosen will be subject to prior written notice of intended vacation plans given by the other parent. In recognition of the child's young age, scheduling of vacation shall not be arranged such that the child is separated from either parent for more than fourteen (14) consecutive days, 7. Transportation, Custodial exchanges which involve parent to parent exchanges are to occur near the gas station of the Giant grocery store nearest the parent relinquishing custody, The parent receiving custody will call the relinquishing parent before they leave for the meeting place so as to minimize the child's waiting time in a car. 8, The parties will alternate in providing transportation for the well-baby checkups for the minor child. Mother shall provide transportation for the child to the next well-baby checkup. Thereafter, the parties will alternate commencing with Father picking up the child," The parties will continue to meet at the doctor's office, NO, 03-2838 CIVIL TERM 9. As to usual pick-up times, pick-up may occur as much as ten (10) minutes earlier as the designated times contained within this Order. BY THE COURT: Isl j -iC~'t {!);" I :1 & J. Wesley Oler, ., J. ' Dist; P. Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110 Marc Scaringi, Esquire, 341 Market Street, Newport, PA 17074 TRUf2 in TestirnOH';' I~. (:J "6<;. (') ...., 0 i tI1 "'" ?'\:l (~ ., "-'"' .... 0 0 ::r:::n n In-- -~.! r -nfTi W 8 I .,'le'" ......... (..) ~-'.., 1 '::.:;~ () 6"- V) ..-~ .......-, ""'J ,--,.-...., --C - , ;(''') ...0 ~ -~ W E_~:)cn C;.? ---., ~ ",,;':>> <.11 ~ J- TINA LAFORCE PLAINTIFF IN THE COURT OF COM ,"tON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANJA V. 03-2838 CIVIL ACTION LA W KEITH A. ZIMMERMAN DEFENDANT IN CUSTODY ORDER OF COURT Monday, October 10,2005 , upon consideration of the attached Complaint, AND NOW. it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq, at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Tuesday, November 22, 2005 . the conciliator. at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an eft()rt \\ ill be made to resolve the issues in dispute: Or if this cannot be accomplished, to detine 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 ma\ provide grounds for entry of a temporary or permanent order. The eourt hereby directs the parties to furnish any and all existing Proteetion from Abuse orders, Special Relief orders, lInd Custody orders to tbe conciliator 48 hours prior to scheduled hearing, FOR THE COURT. By: Isl Melissa p, CreeV)', Esq, Custody Conciliator ~ The Court of Common Pleas of Cumbcrland County is required by law to comply with the Americans with Disabilites Act of J 990. For information about accessible I;,cilities and reasonable accommodations available to disabled individuals having business before the court. pkase contact Ollr oftice. All arrangements must be made at least 72 hours prior to any hearing or business before tile court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A TTOR'IEY 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 (7 J 7) 249-3 I 66 ~r:?' ~ '?!Jf2t. .-5~'17/-01 ~~ ,ftp ~, t'IT~?I1f ~ 5o,tJ1'o/ I?U-~ r ~ ~~ ~'n Jr?- (//- 0/ t II :2! \'!d 0 I 1::10 SOOl Ativ1C.']~; U);jo 3:-Jl :JO 3::::!JeO-fJ311:! DEe J Ii 2005 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2838 CIVIL TERM TINA LaFORCE, v. CIVIL ACTION - LAW KEITH A. ZIMMERMAN, IN CUSTODY Defendant OLER, J. --- ORDER OF COURT AND NOW, this /6 (t. day of December, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: A hearing on Mother's Petition for Contempt is scheduled in Courtroom Number 1 of the Cumberland County Courthouse, on the a730d day of 'n'lCL1.-C/tJ , 200~, at ~~.3() o'clock-t.M. BY THE COURT: Dis!: p, Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110 Marc A. Scaringi, Esquire, 2000 Linglestown Road, Suite 103, Harrisburg, PA 17110 , ...-r,'/ ,/'ttf.A1.k.h 7/FL~ /cJV//cSA.-& 0- )(- 0) ~..4 >~ ,y./5 .Al~.T:'. 611 :[; !.!d 12 330 SOal },U' "r' ,r.. i ,..' . , ::lH' '0 uV..l.\.Y,\\..it"1J.I...i;:..~j ~i 1 :1 :IJ!~:K)-{]3lL1 . DEe! 6 2005 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2838 CIVIL TERM TINA LaFORCE, v, CIVIL ACTION - LAW KEITH A. ZIMMERMAN, IN CUSTODY Defendant 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 Ryan M. Zimmerman June 2, 2002 Mother 2. The parties' sixth Custody Conciliation Conference was held on December 9, 2005 with the following individuals in attendance: the Mother, Tina LaForce, and her counsel, P. Richard Wagner, Esquire; the Father, Keith A. Zimmerman, and his counsel, Marc A. Scaringi, Esquire. This conciliation was scheduled as a result of Mother's filing of a Petition for Contempt on October 3, 2005. The last Order in this matter was dated December 1, 2004. 3. Mother's position with reqard to the alleqed contempt is as follows: First, Mother complains that Father scheduled vacation time in excess of the amount provided by the Order and that this time overlapped with her previously scheduled vacation plans, She reports that this caused her a loss of Two Hundred Fifty ($250.00) Dollars on a deposit for vacation rental for which she was not able to obtain a refund. Mother reports that Father has acted in ways that has resulted in denial of some of her vacation time on three different occasions in the past. Further, Mother reports that Father has unilaterally changed the schedule set forth in the Order without her consent, which has interfered with Plans that she has had with the child. Finally, Mother complains that Father periodically fails to abide by the pickup and delivery times provided for custodial exchanges. Mother seeks a finding of contempt and to be compensated for the loss of the Two Hundred Fifty ($250.00) Dollars down payment for which she was not able to receive a refund on her rental deposit. Mother's counsel pointed out that several months prior to vacation time, it was apparent that the parties had a disagreement about the number of consecutive days that the child could be with Father for vacation and that multiple letters were sent to the opposing party's . NO. 03-2838 CIVIL TERM attorney in an effort to resolve this. Unfortunately, this correspondence did not resolve the matter and Mother continues to believe that Father is being permitted to remain in noncompliance with the Order without any consequences. 4. Father's position is as follows: Father claimed that he gave first notice of the scheduled vacation time that he wanted to select and that because of the final sentence of Paragraph 6, he was free to add seven (7) continuous days of vacation to his custodial weekend to equal a total ten (10) day block. Father's counsel also points out that he sent a letter to Mother's counsel on March 22, 2005 indicating that he would be agreeable to Mother having similar vacation arrangements if she wanted to do so. He further reports that he did not respond to Mr. Wagner's letter of May and June because his client assured him that the parties were working things out and did not want to spend money on representation. However, he did eventually respond to Mother's counsel on July 12, 2005, after Mother's vacation time had been scheduled. Father further questions why Mother would have made a deposit on a vacation arrangement when she knew that the issue of the duration of the custodial time for vacation was unresolved and in dispute. Father argues that because of the language of the Order, that he is not in willful defiance of the Order and a finding of contempt should not be made. Father also complains of an incident over Labor Day weekend, about which he took no legal action, wherein he alleges that Mother failed to turn the child over to Father at a custodial exchange until after Father called the police to intervene. 5. The parties' child is only three (3) years old, In his short lifespan, the parties have had six (6) Custody Conciliation Conferences. Despite the efforts to have the parents work reasonably with each other to problem solve the various scheduling issues that have arisen, they remain in conflict, to this child's detriment. Unfortunately, it appears that Custody Conciliation is not a forum that has produced lasting change for these parents. Therefore, it appears that these parents need the intervention of the Court to tell them how to do their job as parents and to help them understand the impact of their behavior on this little boy. Counsel request one (1) hour of the court's time to address the Contempt Petition. The Conciliator recommends that the parties be Ordered to participate in co-parent counseling in hope that a child specialist can help them see how their behavior is, and will continue to be, damaging to this child due to the nature oftir-Itigh-conflict relationship. / d--"t?/~ Melissa Pee reevy, Esquire Custody Conciliator :264741 TINA LaFORCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 03-2838 CIVIL TERM KEITH A, ZIMMERMAN, Defendant IN CUSTODY IN RE: HEARING CONTINUED GENERALLY ORDER OF COURT AND NOW, this 23rd day of March, 2006, upon consideration of the Plaintiff's Petition for Contempt in the above-captioned matter, and pursuant to an agreement reached in open court between the parties and their respective counsel, the hearing herein is continued generally, and counsel are requested to submit a proposed order for signature by the Court resolving the issues herein. By the Court, ~ dl J. ~ Richard Wagner, Esquire 2233 N, Front Street Harrisburg, PA 17110 For Plaintiff Alanie L, Erb, Esquire ~ ' 2000 Linglestown Rd., Suite 103 Harrisburg, PA 17110 For Defendant :mae 'L C -' N C",; ;:;: -r-...; c~;; ..- .~ ',_r:? CJ c::) c..... ) lJ