HomeMy WebLinkAbout09-0467F:\DOCS\FL\CUST\Zvorsky.Mark - Complaint for Custody.wpd
ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
MARK JOSEPH ZVORSKY,
Plaintiff
V.
(KAREN LYNN (BRICKER) ZVORSKY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. d9 y&7 et';'j- r z.-
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT FOR CUSTODY
1. The plaintiff is MARK JOSEPH ZVORSKY, an adult
lindividual, residing at 334 Fifth Street, New Cumberland,
Cumberland County, Pennsylvania, 17070.
2. The defendant is KAREN LYNN (BRICKER) ZVORSKY, an adult
lindividual, residing at 334 Fifth Street, New Cumberland,
(Cumberland County, Pennsylvania, 17070.
3. Plaintiff seeks custody of ANYA KAY ZVORSKY, who resides
lat 334 Fifth Street, New Cumberland, Cumberland County,
IPennsylvania, 17070 and who will be age three (3) this March,
(having been born on March 16, 2006.
The child was not born out of wedlock.
The child is presently in the custody of both the
Plaintiff and Defendant, who both currently reside at 334 Fifth
Street, New Cumberland, Cumberland County, Pennsylvania, 17070.
n
During the child's lifetime, the child has resided with
,the following persons and at the following addresses:
i
I
NAME ADDRESS DATES
Mark Joseph Zvorsky, 334 Fifth Street birth to present
father New Cumberland, PA
Karen Lynn (Bricker) 334 Fifth Street birth to present
Zvorsky, mother New Cumberland, PA
Caleb Keys, step-brother 334 Fifth Street birth to present
New Cumberland, PA
Trae Keys, step-brother 334 Fifth Street birth to present
New Cumberland, PA
Elliott Bricker, 334 Fifth Street birth to present
step-brother New Cumberland, PA
The mother of the child is KAREN LYNN (BRICKER)
ZVORSKY, currently residing at 334 Fifth Street, New Cumberland,
Cumberland County, Pennsylvania, 17070.
She is married to Plaintiff.
The father of the child is MARK JOSEPH ZVORSKY,
currently residing at 334 Fifth Street, New Cumberland,
Cumberland County, Pennsylvania, 17070.
He is married to Defendant.
1
4. The relationship of plaintiff to the child is that of
father. The plaintiff currently resides with the following
persons:
NAME ADDRESS RELATIONSHIP
Karen Lynn (Bricker) 334 Fifth Street birth to present
Zvorsky, mother New Cumberland, PA
Caleb Keys, step-brother 334 Fifth Street birth to present
New Cumberland, PA
Trae Keys, step-brother 334 Fifth Street birth to present
New Cumberland, PA
Elliott Bricker, 334 Fifth Street birth to present
step-brother New Cumberland, PA
5. The relationship of defendant to the child is that of
mother. The defendant currently resides with the following
persons:
NAME ADDRESS RELATIONSHIP.
Mark Joseph Zvorsky, 334 Fifth Street birth to present
father New Cumberland, PA
Caleb Keys, step-brother 334 Fifth Street
New Cumberland, PA
Trae Keys, step-brother 334 Fifth Street
New Cumberland, PA
lElliott Bricker, 334 Fifth Street
step-brother New Cumberland, PA
birth to present
birth to present
birth to present
6. Plaintiff has not participated as a party or witness, or
in another capacity, in other litigation concerning the custody
of the child in this or another court.
Plaintiff has no information of a custody proceeding
concerning the child pending in a Court of this Commonwealth.
Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child
will be served by granting the relief requested because:
(a) The child has resided with the father since birth
who has provided a continuous living relationship with the
child;
(b) The father is able to provide a stable home and
(family type environment for the child allowing the child
opportunity to spend time with the child's mother consistent with
(a schedule the parties have arranged between themselves.
8. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child have been named as parties to this action.
WHEREFORE, plaintiff requests the court to grant custody of
the child.
STONE LaFAVZR`-' HEKLETSKI
By r`
El' eth B. Stone, Esquire
eme Court ID # 60251
Date: ??2 3w ??. 4 Bridge Street, P.O. Box E
r ew Cumberland, PA 17070
Telephone 717-774-7435
Attorneys for Plaintiff
V E R I F I C A T I O N
MARK JOSEPH ZVORSKY states that he is the Plaintiff named in
the foregoing instrument and that he is acquainted with the facts
set forth in the foregoing instrument; that the same are true and
correct to the best of his knowledge,
that this statement is made subject
information and belief; and
to the penalties of 18 Pa.
C.S.A. §4904 relating to unsworn falsification to authorities.
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MARK JOS ZVORSK
Date: J ?'1? ZDO
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MARK JOSEPH ZVORSKY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
KAREN LYNN (BRICKER) ZVORSKY
DEFENDANT
2009-467 CIVIL ACTION LAW
. IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, February 03, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 12, 2009 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/ Hubert X. Gilroy, 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
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MARK JOSEPH ZVORSKY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
KAREN LYNN (BRICKER) ZVORSKY, NO. 2009-467
Defendant IN CUSTODY
COURT ORDER
AND NOW, this 1 ?1'? day of March , 2009, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that the following custody order shall be in
place upon the parties physically separating from their existing residence:
1. The father, Mark Joseph Zvorsky, and the mother, Karen Lynn (Bricker) Zvorsky,
shall enjoy shared legal custody of Anya Kay Zvorsky, born March 16, 2006.
2. The mother shall enjoy primary physical custody of the minor child.
3. The father shall enjoy periods of temporary physical custody of the minor child as
follows:
A. Every Tuesday from 3:30 p.m. until 7:00 a.m. on Wednesday morning.
B. On every Friday from 7:00 a.m. until Saturday morning at 7:00 a.m.
C. On alternating weekends starting Friday at 7:00 a.m. through Sunday at 5:30
p.m.
D. On at least one evening per month, father shall also be afforded an
opportunity to have dinner with the minor child on Thursday evening with the
understanding that father will make arrangements to get out of work early and
have the child back to mother's home by 7:00 p.m. The parties shall
communicate with respect to the scheduling of that time.
E. At such other times as agreed upon by the parties.
4. Each party shall enjoy the right of first refusal with respect to providing care for the
minor child in the event the other parent is unavailable to provide care, when they are
the primary custodian, for a period of time of at least three hours or more.
5. The parties may modify this schedule as they agree. Absent an agreement, the parties
shall follow the schedule set forth above.
6. Legal counsel for the parties shall have another custody conciliation conference with
the conciliator via a telephone call on Thursday, June 11, 2009, at 8:00 a.m. At this
telephone conference, the conciliator will address any issues that develop on the
custody schedule and also put in place, as required, a holiday and summer vacation
schedule.
BY THE COURT,
X? --A, ?
Judge
cc: Azabeth B. Stone, Esquire
.Affin E. Rhoads, Esquire
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MARK JOSEPH ZVORSKY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
KAREN LYNN (BRICKER) ZVORSKY, NO. 2009-467
Defendant IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Anya Kay Zvorsky, born March 16, 2006.
2. A Conciliation Conference was held on March 12, 2009, with the following
individuals in attendance:
The father, Mark Joseph Zvorsky, with his counsel, Elizabeth B. Stone, Esquire, and
the mother, Karen Lynn (Bricker) Zvorsky, who appeared with her counsel, Ann E.
Rhoads, Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
Date: March 2009 z2kv?-?7
Hubert X. Gilroy squire
Custody Conci 'tor
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ELIZABETH B. STONE, ESQ `
ATTORNEY ID NO. 60251 ,--C) - a
3507 MARKET STREET, STE 303
NEW CUMBERLAND PA 17011 ""
ATTORNEY FOR PLAINTIFF
MARK JOSEPH ZVORSKY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2009 - 467
KAREN LYNN (BRICKER) ZVORSKY, : CIVIL ACTION - LAW
Defendant IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
1. The plaintiff is MARK JOSEPH ZVORSKY, an adult individual,
residing at 8 Drexel Hills Circle, New Cumberland, Cumberland County,
Pennsylvania, 17070 .
2 . The defendant is KAREN LYNN (BRICKER) ZVORSKY, an adult
individual, residing at 334 Fifth Street, New Cumberland, Cumberland
County, Pengnsylvania, 17070 .
3 . Plaintiff seeks shared and equal physical custody of ANYA KAY
ZVORSKY, who resides at 334 Fifth Street, New Cumberland, Cumberland
County, Pennsylvania, 17070 and who is 7 11 years of age, having been
born on March 16, 2006.
The child was not born out of wedlock.
The child is presently in the physical custody of Defendant, who
currently resides at 334 Fifth Street, New Cumberland, Cumberland
County, Pennsylvania, 17070 .
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c
During the child' s lifetime, the child has resided with the
following persons and at the following addresses :
NAME ADDRESS DATES
Mark Joseph Zvorsky, 334 Fifth Street birth to 4/3/09
father New Cumberland, PA
Karen Lynn (Bricker) 334 Fifth Street birth to present
Zvorsky, mother New Cumberland, PA
The mother of the subject minor child is KAREN LYNN (BRICKER)
ZVORSKY, currently residing at 334 Fifth Street, New Cumberland,
Cumberland County, Pennsylvania, 17070 . She is married to Plaintiff.
The father of the subject minor child is MARK JOSEPH ZVORSKY,
currently residing at 8 Drexel Hills Circle, New Cumberland, Cumberland
County, Pennsylvania, 17070 .
He is married to Defendant; however a divorce action was filed
on January 29, 2009, in Cumberland County
4 . The relationship of plaintiff to the child is that of father.
The plaintiff currently resides with the following persons :
NAME ADDRESS RELATIONSHIP
Mark Joseph Zvorsky, 8 Drexel Hill, Circle Father
father New Cumberland, PA
5 . The relationship of defendant to the child is that of mother.
The defendant currently resides with the following persons :
NAME ADDRESS RELATIONSHIP
Karen Lynn (Bricker) 334 Fifth Street Mother
Zvorsky, mother New Cumberland, PA
6. Plaintiff has not participated as a party or witness, or in
another capacity, in other litigation concerning the custody of the
child in this or another court .
Plaintiff has no information of a custody proceeding
concerning the child pending in a Court of this Commonwealth.
Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the child or claims to have
custody or visitation rights with respect to the child.
7 . The best interest and permanent welfare of the child will be
served by granting the relief requested because:
(a) The father has had a close relationship with his daughter
since birth and has provided a continuous loving relationship with the
child;
(b) The father is able to provide a stable home and family
type environment for the child allowing the child opportunity to spend
time with the child' s mother consistent with a schedule the parties have
arranged between themselves .
(c) Father reached out to Mother to try to Modify their
understanding over the last several years . Most changes or suggestions
are met with great resistance, albeit refusals at times .
(d) Father no longer wishes to negotiate with Mother for more
time, but believes that sharing their daughter during her formative and
growing is clearly in the best interest for the child.
(e) The parties live less than one mile apart from each other
and sharing time would not be inconvenient for either the minor child or
presumably for either party.
(f) The parties do not have nor have they ever been able to
agree upon a set Holiday or Vacation schedule and Father is requesting
that these times be placed into an Order of Court .
8 . Each parent whose parental rights to the child have not been
terminated and the person who has physical custody of the child have
been named as parties to this action.
WHEREFORE, Plaintiff Father requests the court to grant share
physical custody of the minor subject child, or, in the alternative,
schedule a custody conciliation as soon as possible.
LAW OFFICES OF ELIZA: ." B. STONE
By
E abeth : one, Esquire
upreme • - ID # 60251
Date: 11122-/Z-0/3 3507 Street, Suite 303
Camp - J 1, PA 17011
Tel", one 717-909-1500
Attorneys for Plaintiff
V E R I F I C A T I O N
MARK JOSEPH ZVORSKY states that he is the Plaintiff named in the
foregoing instrument and that he is acquainted with the facts set forth
in the foregoing instrument; that the same are true and correct to the
best of his knowledge, information and belief; and that this statement
is made subject to the penalties of 18 Pa. C. S.A. §4904 relating to
unsworn falsification to authorities .
/ , /
MARK JQ1/"H / ORSKY/ /
Date: //ZZ lc)/ 3
dik & Abuse VerIA lca c i
a6-4t�7
11'it- k )057A ZV ars 4 , hereby swear or affirm, subject to penalties of
law including 18 Pa.C.S. § 4964 relating to unsworn falsification to authorities
that:
1. Unless indicated by my checking the box next to a crime below, neither I
nor any other member of my household have been convicted or pled guilty or
pled no contest or was adjudicated delinquent where the record is publicly
available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following
crimes in Pennsylvania or a substantially equivalent crime in any other
jurisdiction, including pending charges:
Check Crime Self Other Date of Sentence --
all that household conviction,
apply member guilty plea, no —�
contest plea or
pending
char,ges
18 Pa.C.S. Ch. 25 0 0
(relating to criminal
homicide)
18 Pa.C.S. §2702 II II
(relating to aggravated
assault)
[j 18 Pa.C.S. 42706 0 n
(relating to terroristic
threats)
O 18 Pa.C.S. 42709.1 ❑ ❑
(relating to stalking)
O 18 Pa.C.S. §2901 II D
(relating to kidnapping)
[� 18 Pa.C.S. 62902 II II
(relating to unlawful
restraint)
❑ 18 Pa.C.S. §2903 II n
(relating to false
imprisonment)
II 18 Pa.C.S. §2910
(relating to luring a child
into a motor vehicle or
structure)
O 18 Pa.C.S. §3121
(relating to rape)
II 18 Pa.C.S. 63122.1 [1 II
(relating to statutory
sexual assault)
n 18 Pa.C.S. 63123 j 0
(relating to involuntary
deviate sexual
intercourse)
[] 18 Pa.C.S. §3124.1 ❑ II
(relating to sexual
assault)
18 Pa.C.S. §3125 II II
(relating to aggravated
indecent assault)
II 18 Pa.C.S. 43126 ❑ ❑
(relating to indecent
assau It)
f 18 Pa.C.S. 63127 II [1
(relating to indecent
exposure)
II 18 Pa.C.S. §3129 ,C1 ❑
(relating to sexual
intercourse with animal),
18 Pa.C.S. §3130 r] 0
(relating to conduct
relating to sex
offenders)
18 Pa.C.S. k3301 II f
(relating to arson and
related offenses)
j] 18 Pa.C.S. §4302 L] II
(relating to incest)
II 18 Pa.C.S. §4303 II C1
(relating to concealing
death of child)
18 Pa.C.S. §4304
(relating to endangering
welfare of children)
[� 18 Pa.C.S. §4305
(relating to dealing in
infant children)
O 18 Pa.C.S. §5902(b) II 0
(relating to prostitution
and related offenses)
f 18 Pa.C.S. §5903(c) or II n
(relating to obscene and
other sexual materials
and performances)
j] 18 Pa.C.S. §6301 II U
(relating to corruption of
minors,
1 -
L1 18 Pa.C.S. §6312 II 0
(relating to sexual abuse
of children)
0 18 Pa.C.S. 46318 II II
(relating to unlawful
contact with minor)
LZ 18 Pa.C.S. §6320 II II
(relating to sexual
exploitation of children)
n 23 Pa.C.S. § 6114 L1 II
(relating to contempt for
violation of protection
order or agreement)
O Driving under the • II II
influence of drugs or
alcohol
O Manufacture, sale, 0 LI
delivery, holding,
offering for sale or
possession of any
controlled substance or
other drug or device
2. Unless indicated by my checking the box next to an item below, neither I
nor any other member of my household have a history of violent or abusive
conduct including the following:
Check Self Other Date
all that household
apply member
[� A finding of abuse by a Children & Youth Q II
Agency or similar agency in Pennsylvania
or similar statute in another jurisdiction
n Abusive conduct as defined under the II f
Protection from Abuse Act in
Pennsylvania or similar statute in another
jurisdiction
•
❑ Other: II II 3. Please Please list any evaluation, counseling or other treatment received
following conviction or finding of abuse:
4. If any conviction above applies to a household member, not a party,
state that person's name, date of birth and relationship to the child.
5. If you are aware that the other party or members of the other party's
household has or have a criminal/abuse history, please explain:
I verify that the information above is true and correct to the best of my
knowledge, information or belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. .§4904 relating to unswom falsification
to authorities.
14,__ /t,iast4 ,aariab
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Printed Name
MARK JOSEPH ZVORSKY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANgls�
2009-467 CIVIL ACTION LAW =hr -
KAREN LYNN(BRICKER)ZVORSKY r-= W
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, December 03,2013 upon consideration of the attached Complaint, it is
hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor,Cumberland County Courthouse,Carlisle on Thursday,December 12,2013 2:00 RM
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.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and
anyone living in your household on or before the initial in-person contact with the court(including, but not limited to,
a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition.
No party may make a change in the residence of any child which significantly impairs the ability of the other party
to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and
Pa.R.C.P. No. 1915.17 regarding relocation.
FOR THE COURT,
By: /s/ Hubert X. Gilro Es . &
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.
W Cumberland County Bar Association
�tCt �1 32 South Bedford Street
19 E. sqDoc, Carlisle, Pennsylvania 17013
�� ��� Telephone (717)249-3166