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HomeMy WebLinkAbout07-3483ALYCE ZERBE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. / :No. 07 - SV3 et u LC, T? JOSEPH ZERBE, : CIVIL ACTION - LAW Defendant. : IN CUSTODY COMPLAINT FOR CUSTODY AND COMES NOW, ALYCE ZERBE, by and through her attorney, Timothy J. Colgan, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. Plaintiff is Alyce Zerbe, an adult individual who currently resides at 3411 Walnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Joseph Zerbe, who currently resides at 304 Pine Street, Millersburg, Pennsylvania 17061. 3. Plaintiff seeks shared legal custody and primary physical custody of the following children: Elyzabeth A. Zerbe, born March 30,1999; Travis R. Zerbe, born June 10, 2003; and Carlos A. Zerbe, born October 7, 2005. The minor child, Elyzabeth Zerbe, was born out of wedlock and subsequently adopted by Defendant. The minor child, Carlos Zerbe was not born out of wedlock. The children are presently in the shared physical custody of Plaintiff and Defendant. 4. During the past five years, the children have resided with the following persons and at the following addresses: Dates Address Persons A. May 2007 3411 Walnut Street Mother to Present Camp Hill, PA 17011 B. C. D. E. October 2005 3335 Green Street, Apt. A Mother and Father to May 2007 Camp Hill, PA 17011 April 2005 3 S. Baltimore Street Mother and Father to October 2005 Franklintown, PA July 2003 11 S. Baltimore Street Mother and Father to April 2005 Franklintown, PA April 2001 584 Chestnut Grove Rd Mother and Father to July 2003 Dillsburg, PA The mother of the children is Alyce Zerbe, currently residing at 3411 Walnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. The father of the children is Joseph Zerbe, currently residing at 304 Pine Street, Millersburg, Pennsylvania 17061. 5. The relationship of Plaintiff to the children is that of mother. 6. The relationship of Defendant to the children is that of father. 7. Plaintiff has not participated as a parry in other litigation concerning the custody of the children in another court. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting Plaintiff shared legal and primary physical custody of the children. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. w WHEREFORE, Plaintiffs respectfully request This Honorable Court to award her shared legal custody and primary physical custody of the minor children with partial physical custody to Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO By: Timothy J. Col, Esqu ID # 77944 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: 6/k/07 ALYCE ZERBE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. JOSEPH ZERBE, : CIVIL ACTION - LAW Defendant. : IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: G 7 /d-7 IAIA- !Z? Alyce Zerb Plaintiff j 7 , t7 p J a 0. c - N -i ALYCE ZERBE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-3483 CIVIL ACTION LAW JOSEPH ZERBE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, June 18, 2007 ._,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, July 18, 2007 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and 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 o o?, ?014 coal- ? AA? RU jo F ALYCE ZERBE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLANDCOUNTY, PENNSYLVANIA V. NO.: 07-3483 JOSEPH ZERBE, Defendant CIVIL ACTION - IN CUSTODY RETURN OF SERVICE On the 6 A day of June, 2007, I, David Rudy, Process Server, served JOSEPH ZERBE, with the Custody Complaint and Amended Order of Court dated June 20, 2007 scheduling a Pre-Hearing Custody Conference for Thursday, July 19, 2007 at 1:30 p.m. by #,4Ak1d& *Ldz rMV TL) .:IosbpM ZSjZ&_ (manner of service) at ?301-4 101? at 8. 1ST f.m. (time of service). I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Date: _ _a__ _ ----- --- ? DAVID RUDYv - _------------ - ra Q O l P i ) wry -. AUG a 120070/ ALYCE ZERBE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 07-3483 CIVIL ACTION LAW JOSEPH ZERBE Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3/' day of /4<<,, v , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary, to a short form custody evaluation to be performed by Deborah Salem or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children, to address and obtain guidance on specific issues related to the parties' oldest Child, Elyzabeth, and to address and obtain guidance concerning the parties' differing parenting styles concerning supervision of the Children. The parties shall request that the evaluator provide guidance as to periods of custody for the Father pending completion of the evaluation at such time as the evaluator feels such recommendations are appropriate. All costs of the evaluation shall be shared equally between the parties, with the Mother making any required portion of the Father's payment in advance until such time as the Father has sufficient funds to reimburse the Mother in a timely manner. 2. The Father, Joseph Zerbe, and the Mother, Alyce Zerbe, shall have shared legal custody of Elyzabeth A. Zerbe, born March 30, 1999, Travis R. Zerbe, born June 10, 2003, and Carlos A. Zerbe, born October 7, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well being including, but not limited to, all decisions regarding their health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. Pending receipt of partial custody recommendations from the evaluator, the Mother shall have primary physical custody of the Children and the Father shall have partial physical custody on alternating Saturdays beginning September 1, 2007 from 12:00 noon, if the Father is taking the Children to visit the paternal grandparents, other relatives or the Father's friends, Brian and Jess, until between 8:00 p.m. and 8:30 p.m. In the event the Father is not taking the Children to visit relatives or the Father's friends, the Father's period of custody shall run from 4:00 p.m. until 8:00 p.m., and the Father shall notify the Mother at least 24 hours in advance of this adjustment to the pick up time. The parent receiving custody of the Children under this provision shall be responsible to provide transportation for the exchange of custody. 4. Within sixty (60) days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Mindy S. Goodman, Esquire - Counsel for Father Timothy J. Colgan, Esquire - Counsel for Mother 4 -)Hi dO . , ALYCE ZERBE, VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3483 CIVIL ACTION - LAW JOSEPH ZERBE, 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Elyzabeth A. Zerbe March 30, 1999 Mother Travis R. Zerbe June 10, 2003 Mother Carlos A. Zerbe October 7, 2005 Mother 2. A custody conciliation conference was held on August 29, 2007, with the following individuals in attendance: the Mother, Alyce Zerbe, with her counsel, Timothy J. Colgan, Esquire, and the Father, Joseph Zerbe, with his counsel, Mindy S. Goodman, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 30, 10»-7 Date Dawn S. Sunday, Esquire Custody Conciliator LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjdaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE Plaintiff, V. JOSEPH ZERBE Defendant. CIVIL ACTION LAW NO. 07-3483 IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY Petitioner, Alyce Zerbe, by and through her counsel, The Law Offices of Peter J. Russo, P.C., states the following: 1. Plaintiff/Petitioner, hereinafter referred to as Mother, resides at 3411 Walnut Street, Camp Hill, PA 17011. 2. Defendant/Respondent, hereinafter referred to as Father, resides at 304 Pine Street, Millersburg, PA 17061. 3. Mother and Father are separated. 4. The parties hereto are the parents of Elyzabeth A. Zerbe, bom March 30, 1999, Travis R. Zerbe, bom June 10, 2003, and Carlos A. Zerbe, bom October 7, 2005 (hereinafter collectively the "children") 5. A Petition for Emergency Relief is being filed by Plaintiff simultaneously herewith (hereinafter the "PER") 6. The current Custody Order, dated August 31, 2007, is attached to the PER as Exhibit A (hereinafter the "Order") and is incorporated herein by reference. 7. The Order in pertinent part grants the parties shared legal custody of the children, and mother primary physical custody of the children with Father having partial physical custody on alternating Saturdays as follows: a. From 12:00 PM until between 8:00 PM and 8:30 PM if Father is taking the children to visit the paternal grandparents, other relatives or the Father's friends, Brian and Jess (hereinafter collectively the "named individuals"); or b. From 4:00 PM until 8:00 PM if Father is not taking the children to visit the named individuals, at which time Father shall notify Mother at least 24 hours in advance of this time adjustment. 8. Mother is entitled to a modification of the current order, which is in the children's best interest, because: a. It is believed and averred that Father is violating the Order by: i. Not notifying Mother at least 24 hours in advance that Father is not taking the children to visit the named individuals; ii. Exercising his period of custody granted as 6 he is taking the children to visit the named individuals; and iii. Not taking the children to see the named individuals during his custodial periods. b. It is believed and averred that the children are physically and emotionally abused by Father during Father's custodial periods. c. The evaluation process as set forth in the Order has been delayed for an undetermined future date due to an unforeseen family crisis suffered by Mrs. Salem. 9. The Honorable Kevin A. Hess has entered the previous Order in this matter upon the report of the assigned Custody Conciliator, Dawn S. Sunday, Esquire. 10. While an unsuccessful attempt has been made to contact opposing counsel, Mindy S. Goodman, Esquire, it is believed and averred that she does not concur with the relief requested herein. WHEREFORE, Petitioner prays this Honorable Court to grant this Petition for Modification and Petitioner requests that the current Order be modified as follows: a. Father shall have partial physical custody on alternating Saturdays that shall be supervised by an entity assigned by the Court and last for the longest period of time permitted by the assigned entity; and b. If the time for the completion of the evaluation process is still undetermined or more than six (6) weeks out from the date this Petition is addressed by the Court, a new evaluator shall be appointed and/or the Court shall order the date at which time an evaluation shall be completed. Respectfully Submitted, Peter J. Russo, Esquire Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attomey I.D. No. 200139 Attorneys for Plaintiff 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Date: ?9 Facsimile: (717) 591-1756 VERIFICATION I, Alyce Zerbe, verify that the statements made in the forgoing document are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to ypswom falsification to authorities. Dated: 24 ,/,? 7 yce erbe LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE Plaintiff, CIVIL ACTION LAW NO. 07-3483 V. JOSEPH ZERBE Defendant. IN CUSTODY CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the Petition for Modification of Custody upon the person(s) and in the manner indicated below: US Regular Mail addressed as follows: Mindy S. Goodman, Esquire 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 Date: q 1"71 Qj? Ashley R. i , Paraleg I o, 't4 t LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjdaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE Plaintiff, V. JOSEPH ZERBE Defendant. CIVIL ACTION LAW NO. 07-3483 IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW COMES the Plaintiff ALYCE ZERBE by and through her attorneys, The Law Offices of Peter J. Russo, P.C. and respectfully submits the following in support of Plaintiff's Petition for Emergency Relief: 1. The parties hereto are the parents of Elyzabeth A. Zerbe, bom March 30, 1999, Travis R. Zerbe, bom June 10, 2003, and Carlos A. Zerbe, bom October 7, 2005 (hereinafter collectively the "children") 2. The Petitioner and Respondent have shared legal custody of the children pursuant to an Order of this Court dated August 31, 2007 (hereinafter the "Order"). A true and correct copy of the Order is attached as Exhibit "A." 3. A Petition for Modification is being filed by Plaintiff simultaneously herewith. 4. It is believed and averred that the children are being physically and emotionally abused while in Father's care, which is supported by the following: a. Directly following Father's custodial period with the children, Mother has noticed bruising on the children. b. In January of 2008 Mother took the children to the hospital for evaluation directly following Father's custodial period upon observing physical marks on the children. c. The hospital contacted Children and Youth Services to investigate, who visited the children. d. During Father's last custodial period Mother again noticed bruising and contacted Children and Youth Services. e. The children further indicated that Father had repeatedly physically struck Carlos, the youngest child, during said visits. f. The children have further exhibited repeated unusual behavior following Father's custodial periods, particularly an increase in aggression. g. The children have made inappropriate statements following Father's visits such as questioning their Mother's love, whether she has a boyfriend, and why she tells people their Father hits them, informing Mother that they were going to live with their Father for the summer, and using foul language. h. The female child was once returned emotionally disturbed as she was sent home in her brother's underpants in what appeared to be her Father's attempt to cure bedwetting issues. 5. Pursuant to the Order: a. Mother has primary physical custody of the children and Father has partial physical custody. b. Father's custody periods are on alternating Saturdays: L From 12:00 PM until between 8:00 PM and 8:30 PM if Father is taking the children to visit the paternal grandparents, other relatives or the Father's friends, Brian and Jess (hereinafter collectively the "named individuals"); or ii. From 4:00 PM until 8:00 PM if Father is not taking the children to visit the named individuals, at which time Father shall notify Mother at least 24 hours in advance of this time adjustment. 6. It is believed and averred that Father is violating the order by: a. Not notifying Mother at least 24 hours in advance that Father is not taking the children to visit the named individuals; b. Exercising his period of custody granted if he is taking the children to visit the named individuals; and c. Not taking the children to see the named individuals during his custodial periods. 7. Pursuant to the Order Plaintiff, Defendant and the children were to have an evaluation by Mrs. Deborah Salem for guidance concerning issues with the oldest child, the parties differing parenting/supervisions styles and Father's periods of custody. 8. While the Plaintiff has had the preliminary and first meeting, due to an unforeseen family crisis suffered by Mrs. Salem, the evaluation process has been ongoing since November and its completion is delayed until an undetermined time in the future. 9. Father clearly does not comply with the existing Order as it relates to the "supervision" of the named individuals. 10. Mother has substantial concerns about Father's punishment methods, including his use of physical punishment, which is heightened by the recent activities in addition to Father's size and lack of patience. 11. Mother is concerned that continued unsupervised visitations may result in more episodes of abuse or episodes where the children are subjected to substantially greater physical and emotional abuse. 12. Mother is concerned that the named individuals will not address said episodes or confer openly with Mother as to whether the children visit them while in Father's care. 13. The Honorable Kevin A. Hess has entered the previous Order in this matter upon the report of the assigned Custody Conciliator, Dawn S. Sunday, Esquire. 14. While an unsuccessful attempt has been made to contact opposing counsel, Mindy S. Goodman, Esquire, it is believed and averred that she does not concur with the relief requested herein. WHEREFORE, Petitioner prays this Honorable Court to grant this Petition for Emergency Relief and Petitioner requests that the current Order be modified as follows: a. Father shall have partial physical custody on altemating Saturdays that shall be supervised by an entity assigned by the Court and last for the longest period of time permitted by the assigned entity; and b. If the time for the completion of the evaluation process is still undetermined or more than six (6) weeks out from the date this Petition is addressed by the Court, a new evaluator shall be appointed and/or the Court shall order the date at which time an evaluation shall be completed. Respectfully Submitted, Peter J. Russo, Esquire Attorney I.D. No. 72897 .Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Plaintiff 3800 Market Street Camp Hill, PA 17011 ??????4 Telephone: (717) 591-1755 Date: °! Facsimile: (717) 591-1756 LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE Plaintiff, V. JOSEPH ZERBE Defendant. CIVIL ACTION LAW NO. 07-3483 IN CUSTODY VERIFICATION I, Alyce Zerbe, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: a l O2, dk,?' Alyce Zerbe, Plaintiff EXHIBIT A ALYCE ZERBE Plaintiff vs. JOSEPH ZERBE Defendant AUG 31 2007A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA 07-3483 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW. this 3 /.tit- day of 2007, upon consideration of the attached Custody Conciliation Re ort, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary, to a short form custody evaluation to be performed by Deborah Salem or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children, to address and obtain guidance on specific issues related to the parties' oldest Child, Elyzabeth, and to address and obtain guidance concerning the parties' differing parenting styles concerning supervision of the Children. The parties shall request that the evaluator provide guidance as to periods of custody for the Father pending completion of the evaluation at such time as the evaluator feels such recommendations are appropriate. All costs of the evaluation shall be shared equally between the parties, with the Mother making any required portion of the Father's payment in advance until such time as the Father has sufficient funds to reimburse the Mother in a timely manner. 2. The Father, Joseph Zerbe, and the Mother, Alyce Zerbe, shall have shared legal custody of Elyzabeth A. Zerbe, born March 30, 1999, Travis R. Zerbe, born June 10, 2003. and Carlos A. Zerbe. born October 7. 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well being including, but not limited to, all decisions regarding their health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Children including. but not limited to, school and medical records and information. 3. Pending receipt of partial custody recommendations from the evaluator, the Mother shall have primary physical custody of the Children and the Father shall have partial physical custody on alternating Saturdays beginning September 1. 2007 from 12:00 noon. if the Father is taking the Children to visit the paternal grandparents, other relatives or the Father's friends. Brian and .Tess, until between 8:00 p.m. and 8:30 p.m. In the event the Father is not taking the Children to visit relatives or the Father's friends, the Father's period of custody shall run from 4:00 p.m. until 8:00 p.m., and the Father shall notify the Mother at least 24 hours in advance of this adjustment to the pick up time. The parent receiving custody of the Children under this provision shall be responsible to provide transportation for the exchange of custody. 4. Within sixty (60) days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 5. This Order is entered pursuant to an agreement 'of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, I5 i 0. 14,1" J. cc: Mindy S. Goodman, Esquire - Counsel for Father Timothy J. Colgan, Esquire - Counsel for Mother VWE WP Y a :.a = Go RT if Tommy whew , I I's Of S Oragal cafte, P? M6 2 ?lf? ?, ALYCE ZERBE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-3483 CIVIL ACTION - LAW JOSEPH ZERBE, 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Elyzabeth A. Zerbe March 30, 1999 Mother Travis R. Zerbe June 10, 2003 Mother Carlos A. Zerbe October 7, 2005 Mother 2. A custody conciliation conference was held on August 29. 2007, with the following individuals in attendance: the Mother, Alyce Zerbe. with her counsel, Timothy J. Colgan. Esquire, and the Father. Joseph Zerbe, with his counsel. Mindy S. Goodman, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date J Dawn S. Sunday, Esquire Custodv Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE Plaintiff, V. JOSEPH ZERBE Defendant. CIVIL ACTION LAW NO. 07-3483 IN CUSTODY CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the Petition for Emergency Relief upon the person (s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Mindy S. Goodman, Esquire 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 Ashley R. c e, Parale I Date: A ?`7 1 C) t"'? +v C7 .... J j? ltzt? _J t. 3 C, k-I 4 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE Plaintiff, CIVIL ACTION LAW NO. 07-3483 v. JOSEPH ZERBE Defendant. IN CUSTODY WITHDRAWAL OF APPEARANCE AS COUNSEL Kindly withdraw my appearance as counsel on behalf of Alyce Zerbe, Plaintiff in the above matter. Date: r -al -o WA t r, r?-" Timothy gan, Esquire The Wiley Group 130 W. Church Street, Suite 100 Dillsburg, PA 17019 ENTRY OF APPEARANCE AS COUNSEL Kindly enter my appearance as counsel on behalf of Alyce Zerbe, Plaintiff in the above matter. Date: /-a 9- 0 rj Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 Peter J. Russo, Esquire ?.D. No. 72897 Elizabeth J. Saylor, Esquire I.D. No. 200139 ..k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE CIVIL ACTION LAW Plaintiff, . NO. 07-3483 V. JOSEPH ZERBE . Defendant. IN CUSTODY CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the WITHDRAWAL AND ENTRY OF APPEARANCE AS COUNSEL upon the person (s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Mindy S. Goodman, Esquire 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 OUQ.g' P- =-e? Ashley R , Paral gal Date: ? 151 0$ Nv - r .. ALYCE ZERBE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-3483 CIVIL ACTION LAW JOSEPH ZERBE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 08, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at _ 39 West Main Street, Mechanicsburg, PA 17055 , on _-_Wednesday, March 12, 2008 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. 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/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabiiites 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 v ?r f kv ?r 'V? AINt i `'7 8- 831 80DZ 3Hi j0 "OU?r' ??04 'IP? ALYCE ZERBE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-3483 CIVIL ACTION LAW JOSEPH ZERBE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, February 12, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, March 12, 2008 at 12.00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and 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 IV.IV?t + '.ten ?i 1 '10 9Z :C Wd Z 1 833 800Z Hia-031H VAR 1 ALYCE ZERBE Plaintiff VS. JOSEPH ZERBE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-3483 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT 7 zW? 4 AND NOW, this /Y` day of rim , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated August 31, 2007 shall continue in effect as modified by this Order. 2. The parties shall proceed to complete their ongoing custody evaluation with Deborah Salem as soon as possible. The Father shall promptly contact Deborah Salem to schedule his session with the Children, for which the Mother will cooperate in making the Children available. The Mother shall contact Deborah Salem's office to schedule her next appointment as soon as possible following the conciliation conference. 3. The parties shall engage in a course of co-parenting counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Children. Within ten (10) days of the date of the custody conciliation conference, the parties shall select the counselor and contact the counselor's office to schedule the initial sessions. Any costs of the counseling which are not covered by insurance shall be allocated between the parties in accordance with the current Domestic Relations Order. 4. The parties shall make arrangements for the Children to engage in counseling with a professional in the office of Riegler and Shienvold. The purpose of the counseling shall be to address behavioral and emotional concerns regarding the Children. The Mother shall be responsible to make the initial contact and schedule the initial appointments and shall promptly notify the Father thereof. The parties shall be responsible to schedule their own appointments with the Children's counselor as requested by the counselor. The parties shall cooperate in ensuring that all available insurance coverage is applied to the counseling and any costs which are not covered shall be allocated between the parties in accordance with the current Domestic Relations Order. afli "1 5. Within sixty (60) days of receipt of the custody evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 6. The prior Order of this Court dated August 31, 2007, shall be modified in paragraph 3 to include Matt and Alicia Danner as additional friends of the Father for purposes of expanding the Father's periods of custody for visits. 7, This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Kevin A. Mess J. cc: " Elizabeth J. Saylor, Esquire - Counsel for Mother ?Mindy S. Goodman, Esquire - Counsel for Father l.?o 1£-S m a& I ALYCE ZERBE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3483 CIVIL ACTION - LAW : IN CUSTODY VS. JOSEPH ZERBE, Defendant Prior Judge: Kevin A. Hess 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Elyzabeth A. Zerbe March 30, 1999 Mother Travis R. Zerbe June 10, 2003 Mother Carlos A. Zerbe October 7, 2005 Mother 2. A custody conciliation conference was held on March 12, 2008, with the following individuals in attendance: the Mother, Alyce Zerbe, with her counsel, Elizabeth J. Saylor, Esquire, and the Father, Joseph Zerbe, with his counsel, Mindy S. Goodman, Esquire. 3. The parties agreed to entry of an Order in the form as attached. l3. :?OVe Date Dawn S. Sunday, Esquire Custody Conciliator LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE Plaintiff, V. JOSEPH ZERBE . Defendant NOTICE OF INTENT TO SERVE A SUB] AND THINGS FOR DISCOVERY CIVIL ACTION LAW NO. 07-3483 IN CUSTODY :E DOCUMENTS JRSUANT TO RUI The Plaintiff, Alyce Zerbe, by and through her counsel, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. THE LAW OFFICE ETF-. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 200139 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Plaintiff 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 ri Telephone: (717) 591-1755 Date: `?" ?? Facsimile: (717) 591-1756 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE Plaintiff, CIVIL ACTION LAW NO. 07-3483 V. JOSEPH ZERBE Defendant IN CUSTODY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) an objection to the subpoena has been received, and the attached Order of Court has been issued, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. THE LAW OFFICE OF PETFyR J. RUSSO, P.C. r" f Peter J. usso Es uire Attorney I.D. o. 200139 .?. Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Defendant 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE CIVIL ACTION LAW Plaintiff, NO. 07-3483 V. JOSEPH ZERBE Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I have on this day served a true and correct copy of the Certificate Prerequisite to Service of a subpoena pursuant to Rule 4009.22, upon the following person, in the manner indicated: CERTIFIED US MAIL, RETURN RECEIPT REQUESTED to: Mindy Goodman, Esquire Northwood Office Center 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 DATE: (4(98108 Ashley R. S' e, Paraleg O-A -All i cr" V GO LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE CIVIL ACTION LAW Plaintiff, NO. 07-3483 Vi. JOSEPH ZERBE Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I have on this day served a true and correct copy of the Subpoena to Produce Documents for Discovery pursuant to Rule 4009.22 and Certificate of Compliance, upon the following person, in the manner indicated: Certified US Mail postage prepaid, return receipt requested, to: Camp Hill Borough Police 2199 Walnut Street Camp Hill, PA 17011 Mindy Goodman, Esquire Northwood Office Center 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 DATE:: J Ashley R. qe, Paralegal C e= al un 4 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE Plaintiff, CIVIL ACTION LAW NO. 07-3483 V. JOSEPH ZERBE Defendant To: Camp Hill Borough Police 2199 Walnut Street Camp Hill, PA 17011 IN CUSTODY NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, an authorized agent of the Camp Hill Borough Police, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. Date: 5 ?"i-•Zc?o? Name: Title: 4L-'? (date of subpoena) 7! t ..3 a ???s ? ?? ? _., AUG 0 8 2008(* ALYCE ZERBE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-3483 CIVIL ACTION LAW JOSEPH ZERBE Defendant IN CUSTODY ORDER OF COURT AND NOW, this /2-'_ day of Qk, pt.. ri , 2008, upon consideration of the attached Custody Conciliation Report, i is ordered and directed as follows: 1. The prior Order of this Court dated March 19, 2008 is vacated and replaced with this Order. 2. The Mother, Alyce Zerbe, and the Father, Joseph Zerbe, shall have shared legal custody of Elyzabeth A. Zerbe, born March 20, 1999, Travis R. Zerbe, born June 10, 2003, and Carlos A. Zerbe, October 7, 2005. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children on alternating weekends from Saturday at 12:00 noon through Sunday at 8:30 p.m. 5. The Father shall attend a therapeutic parenting education program as recommended by the custody evaluator. Prior to requesting additional custodial periods with the Children, the Father shall provide written confirmation of satisfactory completion of the goals of therapeutic parenting education, take the necessary steps to ensure that the parenting therapist can review the custody evaluation and consult with the custody evaluator to ensure that all issues have been addressed, and obtain concurrence from the Children's therapist that the Children are able to have their custodial time with the Father increased. 6. The parties shall make arrangements for the two older Children to be evaluated by a child therapist as recommended by the custody evaluator. The purpose of the evaluation of the Children shall be to assess whether or not there is a need for therapy or if either Child can actively participate in a therapy experience that will be beneficial to them. The child therapist shall be selected by agreement between the parties. The parties shall follow the recommendations of the child therapist as to the parties' participation in the therapeutic process. 7. The parties shall have custody of the Children on holidays as follows: A. Christmas: In even-numbered years, the Mother shall have custody of the Children from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and the Father shall have custody of the Children from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd-numbered years, the Father shall have custody from Christmas Eve at 10:00 p.m. through Christmas Day at 2:00 p.m. and the Mother shall have custody from Christmas Day at 2:00 p.m. through December 26 at 12:00 noon. B. Thanksgiving: In every year, the Father shall have custody of the Children on Thanksgiving Day from 9:00 a.m. until 7:00 p.m. C. Easter: In every year, the Mother shall have custody of the Children for the Easter holiday from Saturday at 8:30 p.m. through Easter Sunday at 8:30 p.m. D. Memorial Day/Labor DaX: In every year, the Father shall have custody of the Children on Memorial Day and the Mother shall have custody on Labor Day from 9:00 a.m. until 7:00 p.m. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children on Mother's Day and the Father shall have custody of the Children on Father's Day from 9:00 a.m. until 7:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 8. Beginning in 2009 each party shall be entitled to have vacation custody with the Children for two (2) weeks during the summer school break each year upon providing at least thirty (30) days advance notice to the other parent. The parties shall schedule their vacation weeks to run non- consecutively unless otherwise agreed between the parties. Each party shall schedule weeks of vacation custody to include his or her weekend period of custody unless otherwise agreed. The parties shall provide each other with advance notice of the address and telephone number where the Children can be contacted during vacation periods. The Father's right to non-consecutive weeks of vacation under this provision is contingent upon his successful completion of the therapeutic parenting education program required by this Order. 9. The parties agree that immediately following the conciliation conference, the Father will use the Mother's digital camera to take photographs of the Children's rooms in the residence where the Father is currently living and will have custody of the Children during his periods of custody. 10. Each party shall ensure that the other party has his or her current address and telephone number on an ongoing basis. 11. Unless otherwise agreed, the parent receiving custody shall be responsible to provide transportation for the exchange of custody. In the event the Father intends to relocate his residence to such an extent that it effects the practicability of exchanges of custody under this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference or telephone conference. The Father shall notify his counsel in advance of any such relocation to enable the issue to be addressed in a timely manner. 12. The Father shall reimburse the Mother for his share of the custody evaluation costs as soon as possible under arrangements to be established through counsel. 13. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. The parties shall not use the Child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 14, This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 1 X41ZC4 Kevin A.,l<i'ess J. cc: &.ET5zabeth J. Saylor, Esquire - Counsel for Mother mdy S. Goodman, Esquire - Counsel for Father 4 a ??? ? {? ?% ,.? ` _?? s:?- ° ?- r ?? ? `?? ? ?? ? ? ,?? i°°v- U ALYCE ZERBE, VS. JOSEPH ZERBE, Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3483 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Elyzabeth A. Zerbe March 30, 1999 Mother Travis R. Zerbe June 10, 2003 Mother Carlos A. Zerbe October 7, 2005 Mother 2. A custody conciliation conference was held on August 5, 2008, with the following individuals in attendance: the Mother, Alyce Zerbe, with her counsel, Elizabeth J. Saylor, Esquire, and the Father, Joseph Zerbe, with his counsel, Mindy S. Goodman, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date U Dawn S. Sunday, Esquire Custody Conciliator thereof avers as follows: Petitioner is Mindy S. Goodman, Attorney at Law, with offices located at 2215 Forest Hills Drive, Suite 35, Harrisburg, Pennsylvania. Respondent is Joseph Zerbe, an adult individual whose current address is unknown to Petitioner. Petitioner has represented Respondent since July of 2007 in the above-captioned custody matter. Petitioner has undertaken representation but is unable to continue because Respondent has failed to pay Petitioner's fees as billed. ALYCE JOSE RBE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-3483 ZERBE, : CIVIL ACTION - LAW Defendant : IN CUSTODY Mindy S. Goodman, Esquire, hereby respectfully petitions this Honorable Court for leave to withdraw her appearance as counsel for Defendant and in 1 Respondent currently has a bill owing to Petitioner in excess of $1000 and it has been more than a year since Respondent has made any payment toward his outstanding balance. Respondent had indicated on several occasions that he would pay the balance due on his account, but he has failed to do so. Petitioner had notified Respondent of the overdue account balance on a monthly basis until the fall of 2008 when mail was returned by the post office. Petitioner has contacted Plaintiffs Counsel, Elizabeth J. Saylor, Esquire, to determine if counsel will concur in Petitioner's request to withdraw as counsel to the Respondent. On May 29, 2009 Plaintiffs Counsel verbally indicated her concurrence in Petitioners request to withdraw as counsel to the Respondent. 0. Petitioner is a solo practitioner and cannot afford to continue representation of Respondent, who apparently has no intention of paying for said representation. 1. There is currently no hearing scheduled before the Court and consequently there will be no adverse impact on the Respondent by granting the relief requested. 2 , Petitioner, counsel for Defendant, respectfully requests this Honorable Court to grant the Petition to Withdraw Appearance and allow Mindy $. Goodman, Esquire to withdraw as counsel for Defendant. Date: Mindy S. Goodman Attorney at Law Supreme Court ID No. 78407 ' 2215 Forest Hills Drive - Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-8742 200, 9 „ ti{ 1:2. ALYCE ZERBE, Plaintiff V. JOSEPH ZERBE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-3483 CIVIL ACTION - LAW IN CUSTODY AMENDED PETITION OF MINDY S GOODMAN, ESQUIRE FOR LEAVE TO WITHDRAW APPEARANCE AS COUNSEL FOR DEFENDANT Mindy S. Goodman, Esquire, hereby respectfully petitions this Honorable Court for leave to withdraw her appearance as counsel for Defendant and in support thereof avers as follows: 13. Petitioner is Mindy S. Goodman, Attorney at Law, with offices located at 2215 Forest Hills Drive, Suite 35, Harrisburg, Pennsylvania, filed a Petition for Leave to Withdraw as Counsel for Defendant on or about June 1, 2009. 14. Paragraphs 1 through 12 of the original Petition are incorporated hereing by reference as thought set forth in full. 15. In accordance with local Rule 208.3(a)(2), Petitioner confirms that this case has never been to a hearing or trial; however, an agreement was reached after a custody conference and a prior Order signed by The Honorable Kevin A. Hess. 1 16. Petitioner reiterates what was contained in paragraphs 7 and 8 of the original Petition, that Plaintiffs Counsel, Elizabeth J. Saylor, Esquire, did verbally communicate her concurrence with regard to Petitioner's request for leave to withdraw as counsel for Defendant. WHEREFORE, Petitioner, counsel for Defendant, respectfully requests this Honorable Court to grant the Petition to Withdraw Appearance and allow Mindy S. Goodman, Esquire to withdraw as counsel for Defendant. Date: ,2.. -ye Mindy S. Goodman Attorney at Law Supreme Court ID No. 78407 2215 Forest Hills Drive - Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-8742 2 FILED-- Or"FtCE OF Ti-EF- € TY10NIOTARY 2009 JUN -8 PM 'j: 12 CUP,ra t; ' 4 P?NNSYLVNNIA JUN 0 9 2009 e4 ALYCE ZERBE, Plaintiff V. JOSEPH ZERBE, Defendant IN THE COURT OF COMMO PLEAS CUMBERLAND COUNTY, PENNS LVANIA NO. 07-3483 CIVIL ACTION - LAW IN CUSTODY RULE TO SHOW CAUSE AND NOW, this /o` day of 2009, a rule is hereby issued upon both parties to show cause why the attached Motion for Leave to Withdraw as Counsel should not be granted. The rule is returnable Zo days from the date of service. Proof of service shall be filed with the Prothonotary. i FjaE --o M of THc , 7I-Hr,) IOTARY 2009 JUN 10 PH 2: 4 4 FP,VN,&(LVf',NA ?M J? 19-W-11 9-. siv 1662- J. ze4j C-- a JUN 2 9 2009 ALYCE ZERBE, vs. JOSEPH ZERBE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3483 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this Z day of , 2009, upon consideration of the attached Custody Conciliation Report, it is ord red and directed as follows: 1. The prior Order of this Court dated August 12, 2008 shall continue in effect as modified by this Order. 2. Within seven days of the custody conciliation conference, the Mother or the Mother's counsel shall email to the Father the names and contact information for two counseling offices which provide parenting education on Saturdays. The Father shall follow up in completing the parenting program as required by paragraph 5 of the August 12, 2008 Order. The parties shall also complete the requirements of paragraph 6 of the August 12, 2008 Order under which they were to make arrangements for the two older Children to be evaluated by a child therapist as recommended by the custody evaluator. The parties shall make those arrangements in a timely manner. 3. For his periods of alternating weekend custody, the Father shall continue to pick up the Children on Saturday. For the return exchange on Sunday at 8:30 p.m. the parties shall meet at the Sunoco gas station on Route 15 in Liverpool. Both parties shall make every effort to arrive at the meeting place on time. In the event either party will be late for the exchange due to unavoidable exigent circumstances, that party shall notify the other parent as soon as possible. When the Mother is leaving directly from work to travel to the exchange point, the Father shall make a reasonable allowance in the event the Mother is late due to circumstances beyond her control and shall remain at the place of exchange for at least an additional 30 minutes, or more, if the Mother has notified the Father of when she will arrive in those circumstances. 4. At such time as the requirements of the August 12, 2008 Order are satisfied and the Father's periods of partial custody are expanded to include Friday overnights, the Father shall provide transportation for the exchanges of custody on Fridays and the parties shall meet at the exchange point in Liverpool on Sundays. 5. Both parties shall ensure that the Children are transported at all times in age appropriate safety restraints and positioning as required by law. 6. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: EJizabeth J. Saylor, Esquire - Counsel for Mother _--,Joseph Zerbe - Father ALYCE ZERBE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. JOSEPH ZERBE, Defendant NO. 07-3483 CIVIL ACTION - LAW IN CUSTODY Prior Judge: Kevin A. Hess 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Elyzabeth A. Zerbe March 20, 1999 Mother Travis R. Zerbe June 10, 2003 Mother Carlos A. Zerbe October 7, 2005 Mother 2. A custody conciliation conference was held on June 23, 2009, with the following individuals in attendance: the Mother, Alyce Zerbe, with her counsel, Elizabeth J. Saylor, Esquire, and the Father, Joseph Zerbe, who was not represented by counsel at the conference. 3. The conciliation conference was scheduled at the Mother's request pursuant to the prior Order of this Court dated August 12, 2008 in which it was specified that an additional conference could be scheduled if the Father relocates his residence to an extent that it affects the practicability of exchanges of custody under the Order. Since the time of the prior Order, the Father had moved to Sunbury and the increased travel distance between the parties' residences was creating difficulties in the custodial exchange arrangements. 4. The parties agreed to entry of an Order in the form as attached, with the exception of the place of exchange of custody on Sundays which is the recommendation of the conciliator. J Date Dawn S. Sunday, Esquire Custody Conciliator Fii?u ?JI' ,uE OF 7HLE 2009 Jl L -2 PM 3: 10 1; , i ' Lir +l3