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Home My WebLink About07-6203Zachary Goodling, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Julie Goodling, Defendant : NO. 07- G -0 3 CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. Zachary Goodling, Plaintiff V. Julie Goodling, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 07- 6 -a3 CIVIL TERM DIVORCE COMPLAINT WITH CUSTODY COUNT The plaintiff, Zachary Goodling, by his attorneys, the Family Law Clinic, sets forth the following causes of action in divorce and custody: COUNTI DIVORCE UNDER 23 Pa.C.S. 3301 c AND 3301(d) OF THE DIVORCE CODE Plaintiff is Zachary Goodling, who currently resides at 67 Conrad Drive, Carlisle, Cumberland County, Pennsylvania, 17013, and has resided there since July 20, 2007. 2. Defendant is Julie Goodling, who currently resides at 1889 Esther Drive, Carlisle, Cumberland County, Pennsylvania, 17013, and has resided there since 2001. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least six (6) months immediately preceding the filing of this complaint. 4. Plaintiff and Defendant were married on August 15, 2005 in Carlisle, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since November 21, 2006. 6. There have been no prior actions for divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff requests this honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the bonds of marriage heretofore existing between Plaintiff and Defendant, and any other relief that that this Honorable Court finds just and proper. COUNT II CUSTODY 9. Plaintiff incorporates paragraphs 1 through 8 as if fully set forth herein. 10. Plaintiff seeks shared legal custody and partial physical custody of the following child: Name Present Residence Age Nevaeh Goodling 1889 Esther Drive, Carlisle, PA 11 months 11. The child is presently in the custody of Defendant Julie Goodling, residing at 1889 Esther Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 12. The child was not born out of wedlock. 13. During the past year (the child is less than one year old), the child has resided with the following persons at the following addresses: Name Address Dates Zack and Julie Goodling 98 Fall View Street, Carlisle, PA 6/06 to 7/16 Ada & Randy Kowalski 1889 Esther Dr., Carlisle, PA 7/16/06 to 8/3/06 Sharon Goodling & 67 Conrad Dr., Carlisle, PA 8/3/06 to 8/11/06 Steve Brady Heath Fitty & 7 Plainfield, Carlisle, PA 8/11/06 to 8/20/06 Rachel Isreal Julie Goodling 1889 Esther Dr., Carlisle, PA 8/20/06 to Present 14. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides at 67 Conrad Drive, Carlisle, Cumberland County, Pennsylvania, 17013, with the following persons: Name Relationship to Plaintiff Preston Goodling Natural child Serenity Goodling Natural child Sharon Goodling Mother Steve Brady Boyfriend of Sharon Goodling 15. The relationship of Defendant to the child is that of mother. The Defendant currently resides at 1889 Esther Drive, Carlisle, Pennsylvania, 17013, in Cumberland County, with the following persons: Name Relationship to Defendant Ada & Randy Kowalski Parents 16. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of this child in this or another Court. IT Plaintiff has no information of a custody proceeding concerning the child pending in a Court of the Commonwealth, or any other state. 18. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 19. The best interests and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff is the child's natural father and it is in the child's best interests for the child to interact with and develop a relationship with Father; b. Plaintiff is able to provide for the child and can nurture and attend to the child's needs during his periods of physical custody; c. Defendant has not permitted Father to have regular access to the Child and therefore impedes the free growth and development of the Child's relationship with Father; 20. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to the action. WHEREFORE, the Plaintiff requests this honorable Court to: a. Grant the Plaintiff shared legal custody and periods of partial physical custody with his daughter, Nevaeh Goodling; b. Plaintiff further requests any other relief that this Honorable Court finds just and proper. DATE: Z acob . Theis Certified Legal Intern ANNE DONALD- Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date #/2 Y)c Z G mg, Plaintiff .. ??1 `..?- ( - - "tJ Zachary Goodling, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Julie Goodling ; Defendant : NO. 07- x.,;)03 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Zachary Goodling , Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date A0 a3 a 7 IF I Respectfully submitt cob eis Certified Legal Intern I 'j - ROBE RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C"a ^,? t,' ? ^ . ZF tY r- %,?, ? "r,. t?? = ; ; ? =? -. ?_ `?- ?. N _? j'rt -7 ...? ? :: =? -?7 ?,: -- . r ZACHARY GOODLING IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JULIE GOODLING DEFENDANT • 2007-6203 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, October 26, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 27, 2007 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/ ac ueline M. Verne 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 /t7 I,-v I'1 o L00Z t/- 0- 6r o/ G) ZACHARY GOODLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6203 CIVIL TERM JULIE GOODLING, : IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Julie M. Goodling, for purposes of her custody matters in the above captioned case. Respectfully submitted, ztk--7? Jes 'ca Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: `k' 01.0 - QIN ZACHARY GOODLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6203 CIVIL TERM JULIE GOODLING, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Julie Goodling. Coleman, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail. Postage Pre-Paid Jacob Theis, Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Date: %\ • O jAk Je ica Hoist, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 (?? {:.? (?'? ,. R? ?• y?? °A } t...? ' ?} I'? E 4 ? ? ? Wit; y?,? 1 ' (w? ? ' { ''? :,' ? ... J ,?...,.. ? 4 Vaf; ~ ? /.+ ? NOV $ 72007 p? ZACHARY GOODLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-6203 CIVIL ACTION - LAW JULIE GOODLING, Defendant IN CUSTODY ORDER OF COURT AND NOW, this Z 9 day of A1tw--4*-- , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Zachary Goodling and the Mother, Julie Goodling, shall have shared legal custody of Nevaeh Goodling, born June 27, 2006. 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 her health, education and religion. Pursuant to the terms of 23 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of partial physical custody: A. Saturday and Sunday, December 1 and 2, 2007 from 2:00 p.m. to 4:00 p.m. Mother shall supervise. B. Thereafter three consecutive weekends, Saturdays and Sundays from 2:00 p.m. to 4:00 p.m. at paternal grandmother's home. C. Christmas from 2:00 p.m. to 6:00 p.m. no 90 :11 W R AON COOZ D. Beginning Saturday December 29, 2007 four consecutive weekends, Saturdays and Sundays from 2:00 p.m. to 6:00 p.m. 4. Except for the first weekend, transportation shall be shard such that the receiving party shall transport. Mother shall be responsible for transportation for the first weekend. 5. Neither party may drink alcoholic beverages or use illegal drugs immediately before or during their periods of physical custody. 6. Father shall take steps to eradicate a lice problem, if any, at his current residence. 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. Another Custody Conciliation Conference is scheduled for Thursday, January 24, 2008 at 9:30 a.m. BY THE COURT, J. c ob M. Theis, certified legal intern,kounsel for Father Anne MacDonald-Fox, Esquire, Family Law Clinic, ,/J*ssica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother ZACHARY GOODLING, Plaintiff V. JULIE GOODLING, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-6203 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nevaeh Goodling June 27, 2006 Mother 2. A Conciliation Conference was held in this matter on November 27, 2007, with the following in attendance: The Father, Zachary Goodling, with his counsel, Jacob M. Theis, certified legal intern and Anne MacDonald-Fox, Esquire, Family Law Clinic, and the Mother, Julie Goodling, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services. 3. A prior PFA Order of Court was entered by the Honorable Kevin A. Hess dated December 19, 2006 at Docket No. 2006-6413, providing for Father to have periods of partial physical custody as agreed by the parties. 4. The parties agreed to an Order in the form as attached. rl-a 7?7 ?.t Date Jac reline M. Verney, Esquire Custody Conciliator a JAN 2 8 2008 ZACHARY GOODLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-6203 CIVIL ACTION - LAW JULIE GOODLING, Defendant IN CUSTODY ORDER OF COURT AND NOW, this Z 9 " day of 2008, upon consideration of the attached Custody Conciliati n Rep rt, it is ordered and directed as follows: 1. The prior Order of Court dated November 29, 2007 shall remain in full force and effect with the following modifications. 2. Paragraph 3 B is modified to provide for Father to have 2 consecutive weekends, Saturdays and Sundays from 3:00 p.m. to 5:00 p.m. at paternal grandmother's house. 3. Paragraph 3 D is modified to provide that following the custody provided for in Paragraph 3 B, Father is to have four consecutive weekends, Saturdays and Sundays, from 3:00 p.m. to 7:00 p.m. 4. 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. Another Custody Conciliation Conference is scheduled for Monday, March 17, 2008 at 8:30 a.m. BY THE COURT, / Kevi A. Hess, J. cc: Megan M. Michael, certified legal i rn, Counsel for Father 0.n oLS Irl.?.tC?G? Aune MacDonald-Fox, Esquire, Family Law Clinic, Jessica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother I/•?d f ?? VWIK I ?$ (}', +9 .-% ZACHARY GOODLING, Plaintiff V. JULIE GOODLING, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-6203 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nevaeh Goodling June 27, 2006 Mother 2. A Conciliation Conference was held in this matter on January 24, 2008, with the following in attendance: The Father, Zachary Goodling, with his counsel, Megan M. Michael, certified legal intern and Anne MacDonald-Fox, Esquire, Family Law Clinic, and the Mother, Julie Goodling, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services. 3. The Honorable Kevin A. Hess entered an Order of Court dated November 29, 2007, providing for shared legal custody, Mother having primary physical custody and Father having a phased-in period of partial physical custody. 4. Due to a dispute between the parties concerning the proper use of the car seat in a truck, Father did not have all of the current Order's anticipated daytime custody. This Order provides for the phase-in to continue and ultimately get to overnights on an alternating weekend schedule with three consecutive weeks of one overnight before going to the alternating weekends, Friday to Sunday and one four hour period during the week. 5. The parties agreed to an Order in the form as attached. -as-or A. Date acq line M. Verney, Esquire Custody Conciliator MAY 0 7 2008 ZACHARY GOODLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-6203 CIVIL ACTION - LAW JULIE DOODLING, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 7th day of May, 2008, the parties no longer need a Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq line M. Verney, Esquire, Cust Conciliator 'rANVA I,kSNN3 J 0 Z s I Wd 8-- AN OQDZ AbYlON"08d 341-C} 30L-.Ct-