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HomeMy WebLinkAbout09-2609 STEVEN M. ZEIGLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 0 9- 2 & 0,? 061? -4 MARSHA J. ZEIGLER, : CIVIL ACTION - LAW Defendant : IN CHILD CUSTODY COMPLAINT IN CHILD CUSTODY AND NOW, comes Plaintiff, Steven M. Zeigler, by and through his counsel, Linda A. Clotfelter, who files this Complaint in Child Custody and in support thereof states the following: 1. Plaintiff is Steven M. Zeigler, (hereinafter "Father"), an adult individual who resides at 1059A York Road, Dillsburg, York County, Pennsylvania 17019. 2. Defendant is Marsha J. Zeigler, (hereinafter "Mother"), an adult individual who resides at 454 Front Street, Boiling Springs, Cumberland County, Pennsylvania, 17007. 3. The parties are the natural parents of one minor (1) Child namely Cody R. E. Zeigler, (hereinafter the "Child"), date of birth October 17, 1992, age (16) years. The Child was not born out of wedlock. During the child's life he has resided as follows: WITH WHOM ADDRESS FROM / TO Mother (primarily) Mother, Father & Sister 454 Front Street Boiling Springs, PA 17007 1059A York Road Dillsburg, PA 17019 01/07 to present 4/1997 - 01/2007 The mother of the child is Marsha J. Zeigler, currently residing at 454 Front Street, Boiling Springs, Cumberland County, Pennsylvania 17007. She is divorced. The father of the child is Steven M. Zeigler, currently residing at 1059A York Road, Dillsburg, York County, Pennsylvania 17019. He is divorced. 4. The relationship of the plaintiff to the Children is that of Father. The plaintiff currently resides with the Child. ¦, 5. The relationship of the defendant to the Children is that of Mother. The defendant currently resides with the Child. 6. Father has not participated in any other litigation concerning this Child in this or any other state. There are no other proceedings pending involving custody of this Child in this or any other state. 7. Father knows of no person not a party to these proceedings who has physical custody of the Child or who claims to have custody, partial custody or visitation rights with respect to the Child. 8. The best interest and permanent welfare of the Child would be served by granting Father significant periods of partial physical custody of the Child due to the importance of fostering the father/son bond at a time when the Child greatly needs his Father's presence in his life. 9. 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, Steven M. Zeigler, respectfully requests that, the Court enter an Order of Court granting the parties shared legal custody; primary physical custody to Mother and significant periods of partial physical custody to Father; and granting such other relief as this Court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: h Q Y: L' tda A. ClotfeIter, Esquire ey ID No. 72963 5021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone i STEVEN M. ZEIGLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. MARSHA J. ZEIGLER, : CIVIL ACTION - LAW Defendant : IN CHILD CUSTODY VERIFICATION I, STEVEN M. ZEIGLER, verify that the statements in the foregoing COMPLAINT IN CHILD CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ( /2-,3 (y f TEVEN M. TZZEI ntiff FILE' ? _ . )TAPY iG Fl, 210H APR 2-1 ia6 ? t i ' 14 9 11 17V $1to5, 50 Pp ATN amgo P.? a?ya?s A STEVEN M. ZEIGLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. MARSHA J. ZEIGLER DEFENDANT 2009-2609 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 30, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 09, 2009 at 1:00 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/ john . Mangan, r. Es q. 40 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 w FIL L' ` T sr ?tl 4 Alr 0 STEVEN M. ZEIGLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2009-2609 MARSHA J. ZEIGLER, : CIVIL ACTION - LAW Defendant : IN CHILD CUSTODY AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for plaintiff, Steven M. Zeigler, do hereby affirm that the original return receipt dated May 11, 2009, for the Complaint in Child Custody, which was sent by Certified Mail, Restricted Delivery, Return Receipt Requested, which return receipt appears to contain the signature of Marsha J. Zeigler, is set forth below. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. § 4904 relating to unworn falsification to authorities. ¦ C&nplete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mailpiece, or on the front if space permits. 1. Articlea.dressed to: - - ? ?o?i1 S?(?'I?l S, Q? I?ba? Now*" 4-0- ft--? A t11aJ-k*tC. Tt/ M, If YES, enter delivery address :S1142 3. Service Type ki.lDertifled Mail ? Express Mail Registered PLWum Receipt for MercharKibe ? Insured Mail ? C.O.D. 4. Reeftlied Dako y't P.xtra F9e9 Wk*s 2- ArtidaNumber 7[]06 3450 0023 4842 17060 (rlwm br Awn safYlfCe labs PS Form 3811, February 2004 Domestic PA= Receipt 10QS96021ki Respectfully submitted, OFFICE OF LINDA A. CLOTFELTER Dated: 5114 L' da A. Clotfelter, Esquire orney ID No. 72963 5021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 telephone (717) 796-1930 facsimile (717) 796-1933 STEVEN M. ZEIGLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2009-2609 MARSHA J. ZEIGLER, : CIVIL ACTION - LAW Defendant : IN CHILD CUSTODY CERTIFICATE OF SERVICE AND NOW, this /40 day of May, 2009, the undersigned hereby certifies that a true and correct copy of the foregoing AFFIDAVIT OF SERVICE was served upon the opposing party by first class mail, postage prepaid, addressed as follows: Marsha J. Zeigler 405 Front Street Boiling Springs, PA 17007 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER J L da A. Clotfelter, Esquire A orney ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile _ _Lt 2009 r 1 5) 2 . z .,*.. STEVEN M. ZEIGLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW MARSHA J. ZEIGLER, NO. 2009-2609 CIVIL TERM Defendant IN CUSTODY NOTICE TO PLEAD You are hereby notified to file a written response to the within New Matter within twenty days (20) days from service hereof or a judgment may be entered against you. I STEVEN M. ZEIGLER, Plaintiff vs. MARSHA J. ZEIGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-2609 CIVIL TERM IN CUSTODY ANSWER TO COMPLAINT IN CHILD CUSTODY AND NEW MATTER 1. Admitted in part and denied in part. It is admitted that the Plaintiff is Steven M. Zeigler, an adult individual. It is also admitted that he resides at 1059A York Road, Dillsburg, Pennsylvania. However, it is averred that the Plaintiff does not live in York County, but rather lives in Cumberland County. 2. Admitted in part and denied in part. It is admitted that the Defendant is Marsha J. Zeigler, an adult individual. However, it is denied that her address is 454 Front Street, Boiling Springs, Cumberland County, Pennsylvania, 17007. Rather, her address is 405 Front Street, Boiling Springs, Cumberland County, Pennsylvania, 17007. 3. Admitted in part and denied in part. The majority of the averments set forth in paragraph 3 are admitted. The address of Mother is denied, however, in that her correct address is 405 Front Street, Boiling Springs, Pennsylvania, 17007. 4. Admitted in part and denied in part. It is admitted that Plaintiff is the father of the child, Cody. It is denied that Plaintiff currently resides with the child. It is averred, rather, that the child has limited periods of temporary physical custody with the Plaintiff. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. It is denied that the best interest and permanent welfare of the child be served by granting Father significant periods of partial physical custody of the child. It is denied that Father and the child have a strong bond at this time and it is denied, in fact, that Father and the child have ever had a strong bond. 9. Admitted. WHEREFORE, Defendant requests your Honorable Court to provide Plaintiff with limited periods of physical custody with the child or, in the alternative, limited periods of visitation or some form of supervised contact with the child. NEW MATTER 10. Defendant's answers to paragraphs 1 through 9 of Plaintiff's Complaint are incorporated herein by reference as if set forth in their full text. 11. Since the parties' separation and, in fact, prior to the parties' separation, the relationship between Plaintiff and the child has been tumultuous and has not been in the child's best interest. 12. While Defendant urges the child to spend time with Plaintiff, the emotional and physical abuse that the child endures when with Plaintiff makes it impossible for Defendant to continue to force the child to be in Plaintiff's presence. 13. In the most recent contact between Plaintiff and the child, the child, at Defendant's urgings, spent a period of time over the weekend of April 17 to April 18 in Plaintiff's physical custody, despite the fact that relatives the child had not seen for an extended period of time on Defendant's side of the family were in town visiting at Defendant's home. 14. Upon the child's return by Plaintiff, at a time that was more than an hour later than Plaintiff had agreed the child would be returned, the child showed Defendant marks on his body where Plaintiff had struck him. 15. When the child returned home that time, crying and very upset, he indicated to Defendant that it would be a long time until he wished to be in his father's custody or care, due to the physical and emotional abuse he endured as well as fear of further physical and emotional abuse by Plaintiff. 16. On at least three (3) separate occasions, Plaintiff became angry with the child during Plaintiff's periods of custody and returned the child to his home with Defendant early. 17. On multiple occasions, the child has returned from periods in Defendant's custody crying and emotionally distraught. 18. Defendant has never stopped or prohibited the child from visiting with Plaintiff. 19. This is not the first time that the child has been physically abused by Plaintiff. 20. Plaintiff engages in a course of conduct that can only be termed "emotional" and "physical" abuse of the child, which abuse has been witnessed by numerous individuals. WHEREFORE, Defendant requests your Honorable Court to enter an Order providing her with sole physical custody of the child and limiting the child's contact with Plaintiff to periods of time when the child wishes to be with Plaintiff or, providing for supervised contact between Plaintiff and the child or limiting the child's contact to telephone contact and similar contact. Respectfully submitted, ffie, Esquire Attorney for Defendant 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. DATE: MARSHA J. ZEIGLIJP, STEVEN M. ZEIGLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW MARSHA J. ZEIGLER, NO. 2009-2609 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, the 2"?day of May, 2009, cause a copy of Defendant's Answer and New Matter to be served upon the Plaintiff, Steven M. Zeigler, by serving his attorney of record by first class mail, postage prepaid, at the following address: Linda A. Clotfelter, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 DATE: V17 0 /q r G e, Esquire LZ?rneyjb r Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 F)'E; .DF THE 200 2 7 Ali"i ': E E. t? FE8 2 2 2010 (n STEVEN M. ZEIGLER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW MARSHA J. ZEIGLER, N0.2009-2609 CIVIL TERM Defendant IN CUSTODY M. L. EBERT, JR., JUDGE ORDER OF COURT ra AND NOW, this `~ 3 day of ~ ~, ~ r 2010, upon presentation and consideration of the within Petition, IT IS HEREBY ORDERED AND DIRECTED that the hearing presently scheduled in this matter for Friday, February 19'h, 2010 at 1:30 p.m. is hereby continued generally to be recalled and rescheduled at the request of either party or counsel. Our prior Order entered in this matter scheduling this hearing shall remain in effect. BY THE COURT, Cc: Linda A. Clotfelter, Esquire /Attorney for Plaintiff ../Bradley L. Griffie, Esquire Attorney for Defendant a.~a3 ~ ~a ~~ ~~ M. L. Ebert, Jr., Judge n r .r ~:~ _ 7» ~, ~, ~; ,: ~=~ '=._+c.~ . ' 1 L-: ~ ~ _~ ~~ _.~ ~ :~., ~ C7 C -