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HomeMy WebLinkAbout99-06606'` ?a J' V ''. ? X71 -6 Elizabeth A. Hoffman, Esquire 2201 North Second Street Harrisburg, PA 17110 MERRILL S. ZERBE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - CIVIL ACTION - LAW PENNY IRENE BOONE, IN CUSTODY Defendant ORDER OF COURT AND NOW, upon consideration of attached Complaint in Custody, it is hereby directed that the parties and their respective counsel appear befor F A \C (\P L , CL q"? `Li, the conciliator at ?C? i 1'+G" \ S . (cisx{ , I s -( , on the a day of . r\, ?C)L, amt a.m.(p.m ,for apre-hearing custody conference. At uch conference, an effort will be made to resdf a 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. FOR THE COURT Date: l` I?IC1CI f IISSUIM? r 7111 + `1 S??tf Custody Conference Officer l ??Jl YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 (717) 749.3166 I `C r f 0a?y f 1K Ile- Elizabeth A. Hoffman, Esquire 2201 North Second Street Harrisburg, PA 17110 717 236-2956 MERRILL S. ZERBE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. S 1999 L I. o L z V. CIVIL ACTION - LAW PENNY IRENE BOONE, IN CUSTODY Defendant COMPLAINT IN CUSTODY 1. Merrill S. Zerbe (hereinafter "Father") is an adult individual whose current address is 409 Ross Avenue, Lot #3, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Penny Irene Boone (hereinafter "Mother") is an adult individual whose current address is 626 Torway Road, Gardners, Cumberland County, Pennsylvania. 3. Mother and Father are the natural parents of the following minor children: Child DOB Brandy Fawn Zerbe 4/20/85 Merrill Shawn Zerbe, Jr. 811/86 Joshua Chad Zerbe 6/20/89 4. Father seeks primary physical custody of the minor child Merrill Shawn Zerbe, Jr., and partial physical custody of the minor children Brandy Fawn Zerbe and Joshua Chad Zerbe. 5. During the past five years, the minor children have lived in the following places: Merrill Shawn Zerbe, Jr. has lived with Father at: Place Dates 607 W. Princess Street York, Pennsylvania 1993 - 6196 Easton, Pennsylvania 6196 - 1/98 409 Ross Avenue - Lot #3 New Cumberland, Pennsylvania 17070 2/98 - present Brandy Fawn and Joshua Chad Zerbe have lived with Mother at: Place Dates Marietta, Pennsylvania 1993- 1996 626 Torway Road Gardners, Pennsylvania 1996 - present 6. Each parent is being notified of this action. There are no other persons known to have or claim to have a right to custody or visitation of the child, and therefore no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 7. Father seeks a custody order for the following reasons: a. Father seeks primary physical custody of the minor child Merrill Shawn Zerbe, Jr., because Father has been the minor child's primary caretaker for most of the minor child's life. b. Father seeks partial physical custody of the minor children Brandy Fawn and Joshua Chad Zerbe because Mother has not complied with a verbal agreement to allow Father regular custodial visits at least one weekend per month. Mother has only permitted Father to have custodial visits with the minor children approximately four times this past year. Although visits were planned for other occasions, Mother ultimately refused to allow Father to obtain the children. WHEREFORE, Father seeks a Custody Order which grants Father primary physical custody of the minor child Merrill Shawn Zerbe, Jr., and partial physical custody of the minor children Brandy Fawn and Joshua Chad Zerbe. 2 ,a Respectfully submitted, Elizabot f A. Hoffman, Esgpi'e Attorney for Plaintiff 2201 North Second Street Harrisburg, PA 17110 717-236-2956 Attorney 10 #71000 CERTIFICATE OF SERVICE 1. Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the attached Complaint in Custody was delivered by certified, restricted mail to: James J. Kayer, Esquire Attorney for Defendant Kayer and Brown Liberty Loft 4 E. Liberty Avenue Carlisle, Pennsylvania 17013 Date: Elizabeth A. Hoffman, Esquire Attorney for Plaintiff Supreme Ct. ID #71000 2201 North Second Street Harrisburg, PA 17110 717-236-2956 a _ Q w ? o N r W ,n .- m W C G ? Q 1 ? Z '?Nat? C z F t Y Q N _ N b N N ? r7 N r ^ n i Y ?IY51?lin- - MERRILL S. ZERBE, Plaintiff vs. PENNY IRENE BOONE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6606 CIVIL TER-1 CIVIL ACTION - LAW CUSTODY RDER AND NOW, this Z`/- day of 2000, upon review of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Interim Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. The parties shall cooperate in having a custody evaluation to be perfcrmed by Guidance Associates. Both parties shall make themselves available, along with any other_ persons in the household deemed appropriate by the evaluator to complete the - evaluation process. Mother shall be responsible for payment of all costs associated with the evaluation and reserves the right to have Father participate in sharing the costs at a Court hearing, if necessary. - 2. The parties shall reconvene for another custody conciliation before Michael L. Bangs, Esquire, on 2000, at 9:00 C(. M. ,•...,._..,._____ _. _ _ a. ..... _ 3. Pending the conciliation, the following custody order shall be in effect: A. The parties shall share legal custody of their minor children; Brandy F. Zerbe, d.o.b. April 20, I 1985, Merrill S. Zerbe, Jr., d.o.b. September 1, ?i 1986, and Joshua C. Zerbe, d.o.b. June 20, 1988. B. Mother has primary physical custody of Brandy and Joshua and Father has primary physical custody of Merrill. Each are subject to periods of partial custody and visitation with the children on the following schedule: 1. Father shall have Brandy and Joshua on alternating weekends from Friday at 5:30 p.m. until Sunday at 3:00 p.m. Father shall pick the children up on Fridays and Mother shall pick the children up on Sundays. This alternating weekend schedule shall commence Friday, February 91h, and alternate thereafter. 2. Mother shall have alternating weekends with Merrill. Her weekends being from Saturday, at which time she shall pick the child up by 2:00 p.m. Mother shall be entitled to pick the child up at any time prior to 2:00 p.m., but i must provide Father :pit}: notice the evening before as to when she intends to pick. Merrill up. This period of time s -hall extend until Sunday at 3:00 p.m., at ?-. hick time Father shall pick !Merrill up from N other's residence. This alternating weekend schedule shall commence with Mother on Satu-day, January 29"'. 3. The parties shall have reasonable telephone access with the children while the children are in the other party's custody, 4. Such other times as the parties may acgree. 5. This is an interim Order and in no way prejudices either party's right from raising any issues related to an appropriate custodial schedule at a hearing in this case. BY THE COURT, Elizabeth A. Hoffman, Esquire Attorney for. Plaintiff Jim Kayer, Esquire Attorney for Defendant mlb 4,,_) -n-? a-aV-60 'RI. 3 MERRILL S. ZERBE, plaintiff VS. PENNY IRENE BOONE, defendant JUDGE PREVZ OUSLY ASSIGNED: None. IN THE COURT OF C014MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6606 CIVIL TERM CIVIL ACTION - LAW CUSTODY C2USTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b) , the undersigned Custody Conciliator submits the following r-eport: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME BTRTHDATE CURRENTLY IN CUSTODY OF Brandy- F. Zerbe April 20, 1985 Defendant Merrill S. Zerbe, Jr. September 1, 1986 Plaintiff Joshua C. Zerbe June 20, 19^08 Defendant 2. A_ Conciliation Conference was held on January 27, 2000, and the fol -owing individuals were present: the Plaintiff and his attorney, Elizabeth A. Hoffman, Esquire; the Defendant appeared with her at Lorney, Jim Kayer, Esquire. 3. I =ems resolved by agreement: See attached Order. 4. I s sues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: Father filed for visitation with his two (2) children. Apparently, Father has had primary custody of the middle child, Merrill, for several years. He wanted to get a regular schedule of visitation with his children; Brandy and Joshua. 6. The Defendant's position on custody is as follows: Mother believes that the existing custodial schedule should remain. Mother, while not having filed a custody petition, asserted that she wants to move forward with having Merrill in her custody as well. She related some concern about some issues with Merrill and believes that it is in his best interest to come move with her. Mother wanted to have some scheduled time with Merrill as well.. 7. Need for separate counsel to represent children: Neither party requested. 8. Need for independent psychological evaluation or counseling: The parties shall cooperate in having a custody evaluation to be performed by Guidance Associates. Both parties shall make themselves available, along with any other persons in the household deemed appropriate by the evaluator to complete the evaluation process. Mother shall be responsible for payment of all costs associated with the evaluation and reserves the right to have Father participate in sharing the costs at a Court hearing, if necessary. -t 9. Other matters or comments: The parties have been operating on a split custodial schedule for years. Apparently, Father even lived out of town for a period of time and Merrill was with him while he was out of town living as ?-rell. Father merely wanted to implement a regular visitation schedule with his other children, but does not believe that a change in the custodial situation is appropriate. He also suggests that [Merrill does not want to go with his Mother. Mother wants all the children to live together and believes it is in their best interest to do so. She requested to have an evaluation performed. Father agreed to participate in the evaluation but would riot pay for the evaluation. The conciliator believes that since the Mother is requesting the modification, it should be her burden to pay for the evaluation and she can loot/ to have some sort of reimbursement for the costs later on if a Court hearing is necessary. The major issue in this case is whether or not there should be a change of this custodial arrangement that has been in place for at least six. (6) years. Clearly, the parties' communication is not the best and the e:•:isting custodial arrangement is unusual. Even though it may be unusual, it is what the parties have been doing for at least si:: (6) years so the evaluation will have to focus on whether or not a change is appropriate. Date: February ll, 2000 J V-i9ch6el L. Bangs Custody Conciliator MERRILL S. "LI:It131?. PlaintiIT VS. 131?NNY IRENI: BOONE. Defendant IN THECOURT OF COMn40N PLEAS OI' CUMB RLAND COUN'rY. PENNSYLVANIA NO. 99-6606 CIVIL TERM CIVIL ACTION - LAW ORDER AND NOW, this Ly y day of % Z) . 2000, upon receipt of the Conciliator's Rcport, it appearing that the parties have reached an agreement which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. All prior Orders entered in this case are VACATED. 2. The parties shall share legal custody of their minor children, Brandy P. /_erbe, d.o.b. April 20, 1985; Merrill S. Zerbe. Jr.. d.o.b. September 1, 1986; and Joshua C. %erbe. d.o.b. Junc 20. 1988. 3. Mother shall have primary physical custody of Brandy and Joshua, and rather has primary physical custody of Nlerri II. Each are subject to periods of partial custody and visitation with the children on the following schedule. A. Father shall have 13rattdy and .loshua on alternating weekends from Friday at 5:30 p.nt. until Sunday at 3:00 p.nl. Father or his significant other shall pick tip the children on Friday, and Mother or her significant other shall pick up the children on Sunday. This alternating weekend schedule shall eonnnenec on Friday„hdy. 7. 3000. 13. 'Mother shall have 'Merrill on alternating \ceekends from Friday at 5:30 p.nt. until Sunday a[ 3:)1) P.m. '9othrr or her significant other shall pick up the child on FriQ and Father or his significant other shall pick up the child on Sunday. This allernating weekend schedule shall conuuence on Fdday. Ante 30. 2000. 4. 'I'he parties shall alternate the major holidays. We holidays being subject to tvvo blocks as R)Ilovvs: A. In odd years. 1:ather shall have the follovving holidays: July 4"'. Thanksgiving. and Christmas Day front 11:00 a.nt. until Decenther 26 at SAM p.nt. In even years. Father shall have the lollovving holidays: \evv Year's Day.'Mentorial Day. labor Day. and Christtnas I ve 1rorn 12:00 noon until Chrisunas Day at I L•00 am. 13. In even years. Mother shall have the Ibllovving holidays: lulu 4"' Thanksgiving. and Christmas Day from 11:00 a.nt. until December 26 at SAM P.M. In odd years.'Molhcl' shall have the Ii knving holidays: Tlcvv Year's Day.'Mentorial Day. Labor Day. and Christmas f ve rrom 12:00 noon until Christmas Day at 11:00 a.m. The times ror these periods ol'partial custody and visitation. except liu the Christmas holiday. shall be from 9:00 a.m. until 5:00 P.M. II'the holiday fills either preceding or alter a custodial weekend. the parties may continue their weekend to include the holiday. 5. Mother shall have the children on Mother's Day and Father shall have the children on 1--ather's Day. These periods ol'partial custody shall be from 9:00 a.nt. until 5:00 p.m. 6. The parties acknowledge that Joshua is having some estrangement issues. The parties shall engage in lantily thcrapy to address these estrangement issues. The parties shall submit the costs or this counseling to any insurance carrier first. and then the parties shall evenly share the costs orally unrcimbursed portion of these therapy sessions. The parties. through their counsel, steal I decide who the therapist shall be within ten (10) clays orthe date ol'this Order. 7. The parties understand that ]or this custodial order to work properly. lhev must not make any derogatory remarks about each other in liront of the children or make any derogatory remarks to the children about the other parent. The parties must show each other mutual respect so as to et7cetuatc the best interests of the children. S. 'I'hc parties shall have reasonable telephone access to the children when the children are in the other party's custody. 9. Such other times as the parties may agree. Elizabeth A. Hoffman, Esquire Mark K. Emery. Esquire m1b 13YT]117COUR'T'. KIiVIN r . IiL•SS„I. Ca}u? R?9 N113RR11,1, S. %ER13F. Plaintiff VS. PENNY IRENE BOONE. Defendant JUDGE PREVIOUSLY ASSIGNED: 1N TI ]I: COURT OF COVINION PLEAS 01: CUMBERLAND COUN'T'Y. PENNSYLVANIA NO. 99-6606 CIVIL 'T'ERM CIVIL ACTION - LAW The Honorable Kevin A. I less CUSTODY CONCILIA'T'ION CONFERENCE SUMMARN' RETORT IN ACCORDANCE WITII CUMBERLAND COUNTY RUI.L' 01' CIVIL PROCEDURE 1915.3-5(b). the undersigned Custody Conciliatorsubmits the lollowing report: 1. The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME Brandy F. /_crbe Merrill S. Zerbe..Ir Joshua C. %erbc BIRTHDATE April 20. 1955 September I. 1956 June 20. 1955 CURRENTLY IN CUSTODY OF Dclendant Plaintiff Defendant 2. A Conciliation Conlerence was held on .lure 29. 2000, and the following individuals were present: the Plaintiff and his attorney. Elizabeth A. Hoffman. Esquire: the Dclcndant and her attorney. Mark K. Ilmery. Esquire. 3. Items resolved by asrecnlcnC See attached Order. 4. Issues vet to be resolved: See attached Order. 5. The Plaintiffs position on custody is as Billows: See attached Order. 6. The Defendant's position on custody is as follows: Sec attached Order. 7. Need I'm separate counsel to rc S. Need I'or independent psycholc Datc: June 30. 2000 .. . ,.. ?:;