Loading...
HomeMy WebLinkAbout09-495411 10 KENT ZEHRING, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. ERICA TRUDE, Defendant. : CIVIL ACTION -CUSTODY NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint of for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Court Administration 4`h Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 w JAIME D. WASSMER, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 200705 2505 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax jwassmer@robinson-geraldo.com KENT ZEHRING, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ERICA TRUDE, Defendant. NO. 0 CIVIL ACTION -CUSTODY COMPLAINT FOR CUSTODY Plaintiff, Kent Zehring, by and through his attorney Jaime D. Wassmer, Esquire, and the law firm of Robinson & Geraldo, respectfully requests the following: 1. Plaintiff is Kent Zehring, an adult individual and the natural Father who currently resides at 103 W. Vine Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. Defendant is Erica Trude, an adult individual and the natural Mother residing at 7728 Farmdale Avenue, Harrisburg, Dauphin County, Pennsylvania 17112. 3. Plaintiff seeks primary physical custody of Michaela Zehring, born September 5, 2003, and Benjamin Zehring, born June 16, 2005. The children currently reside with both parents at 103 W. Vine Street, Shiremanstown, Cumberland County, Pennsylvania 17011 and 7728 Farmdale Avenue, Harrisburg, Dauphin County, Pennsylvania 17012 with Plaintiff and Defendant. The children were not born out of wedlock. 4. The children are presently in the custody of both parties. i A 5. During the past five years, the children have resided with the following persons at the following addresses: Name Address Dates Both parties 7728 Farmdale Ave., Harrisburg, PA 9/2003-6/2004 Both parties 546 Shellbark Dr., Newport, PA 6/2004-6/2007 Both parties 546 Shellbark Dr., Newport, PA 6/2007-4/2008 12 Oakwood Ave., Mechanicsburg, PA Both parties 476 Berkshire Ln., Mechanicsburg, PA 4/2008-5/2008 546 Shellbark Dr., Newport, PA Both parties 7728 Farmdale Ave., Harrisburg, PA 5/2008-2/2009 476 Berkshire Ln., Mechanicsburg, PA Both parties 7728 Farmdale Ave., Harrisburg, PA 2/2009-present 103 W. Vine Street, Shiremanstown, PA 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children this or another court. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or 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 awarding shared legal and primary physical custody to Plaintiff who has been the children's primary caretaker since the children's birth. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as a party to this action. 1 0. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant Custody to Plaintiff. Respectfully submitted, ROBINSON & GERALDO By: 4 Jaim D. Wassmer, Esquire Attohie'v for Plaintiff VERIFICATION I verify that the statements made in this Custody Complaint 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 unsworn falsification to authorities. ALED-C Fli l?h!4. OF THE 1069 JU! 22 PM I : 13 CUB+i .; JNTY $1(v5.50 PO Am CO It to I W aag 309 KENT ZEHRING IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ERICA TRUDE DEFFNDANT 2009-4954 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 29, 2009 , 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, September 02, 2009 at 2:00 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. Sunday ?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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r , 2009 JUL 29 P 4 ,6 C? JAIME D. WASSMER, ESQUIRE Attorney I.D. No. 200705 Robinson & Geraldo, P.C. 2505 North Front Street 2nd Fl P.O. Box 5320 Harrisburg, PA 17110 (717)232-8525 Fax (717)232-5098 jwassmer@robinson-geraldo.com KENT ZEHRING, Plaintiff, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ERICA TRUDE, Defendant. : NO. 09-4954 : CIVIL ACTION CUSTODY PROOF OF SERVICE The undersigned makes the following return of service: the Custody Complaint and Order for Custody Conciliation was served upon Erica Trude on August 4, 2009 at 7728 Farmdale Avenue, Harrisburg, Dauphin County, Pennsylvania. The signed acceptance of service is attached hereto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Jaime D. Wassmer, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsfication to authorities. Respectfully submitted, Dated: August 5, 2009 ROBINSON & GERALDO By: Jaime Wassmer, Esquire Attorney for Plaintiff ¦ Complete Items 1, 2, and 3 A%Q complete item 4 if Restricted Delivemy is deelydd. ¦ Print your name and address on the reverse so that we can return the card to -you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: 17172-9 Farlndak five. a-rrlsb 0a l A. X 8. Received by (PdhW Name) I C. D. Is delivery address different from item 11 0 YM If YES, enter delivery address below: ? No 3. Type jr Is Mail Express Mail ? Registered etum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2.Ar 7008 1140 0004 4438 1425 rn PS Form 3811, Februnry 2004 tbraMMc lMlmlm ReoNpt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • ROBINSON & GERALDO Attorneys At Law P.O. Box 5320 Harrisburg, PA 17110 1111;1111111111111111;;;;111141111.;1 i 11111,11.;11;1 EXHIBIT VU?r???! kLi" r,.Jr. LINTY PEI JNS`'L?1r' NIA SEP 0 4 2009 KENT ZEHRING IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2009-4954 CIVIL ACTION LAW ERICA TRUDE Defendant IN CUSTODY ORDER OF COURT AND NOW, this OP day of St tt,+np?'? 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Erica Trude, and the Father, Kent Zehring, shall have shared legal custody of Michaela Zehring, born September 5, 2003, and Benjamin Zehring, born June 16, 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. 2. The parties shall share having physical custody of the Children in accordance with the following rotating bi-weekly schedule: A. During Week I, the Father shall have custody of the Children from Sunday at 3:00 p.m. through Thursday when the Mother picks up the Children after work and school, and the Mother shall have custody from Thursday after work and school through Sunday at 7:00 p.m. B. During Week II, the Father shall have custody of the Children from Sunday at 7:00 p.m. through Wednesday when the Mother picks up the Children after work and school, and the Mother shall have custody from Wednesday after work and school through Sunday at 3:00 p.m. C. In addition to the foregoing, when the Father is working until 7:00 p.m. during his period of custody, the Mother may pick up the Children after work and school and transport them to the Father at his place of employment at 7:00 p.m. The Father shall provide his work schedule to the Mother at least one month in advance and shall notify the Mother one week in advance of any changes to his work schedule. 3. The parties shall share having custody of the Children on holidays as follows: A. Thanksgiving: In every year, the Father shall have custody of the Children on Thanksgiving Day from 10:00 a.m. until 3:00 p.m. and the Mother shall have custody from Thanksgiving Day at 3:00 p.m. through the following Sunday under the regular custody schedule. B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from 11:00 a.m. until 7:00 p.m. on Christmas Eve, Segment B, which shall run from Christmas Eve at 7:00 p.m. through Christmas Day at 3:00 p.m., and Segment C, which shall run from Christmas Day at 3:00 p.m. through December 26 at 3:00 p.m. In even-numbered years, the Father shall have custody of the Children during Segments A and C and the Mother shall have custody during Segment B. In odd- numbered years, the Mother shall have custody of the Children during Segments A and C and the Father shall have custody during Segment B. C. New Year's: The New Year's holiday shall be divided into Segment A, which shall run from New Year's Eve at 7:00 p.m. through New Year's Day at 4:00 p.m., and Segment B, which shall run from New Year's Day at 4:00 through January 2 at 4:00 p.m. In even-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. For purposes of this provision, the entire New Year's holiday shall be deemed to fall within the same year as New Year's Eve. D. Easter: The Mother shall have custody of the Children every year on Easter until 3:00 p.m., if the Father is not working on Easter Sunday, and until 7:00 p.m., if the Father is working. If the Father is not working on Easter Sunday, the Father shall have custody beginning at 3:00 p.m. on Easter Sunday and beginning at 7:00 p.m. if he is working. E. Memorial Day/July Fourth/Labor Day: The parties shall share having custody of the Children for the Memorial Day, July Fourth and Labor Day holidays as arranged by agreement. F. Mother's Day/Father's DU: In every year, the Mother shall have custody of the Children for Mother's Day and the Father shall have custody for Father's Day, with the specific times to be arranged by agreement between the parties. 4. Michaela shall be enrolled in kindergarten in the Mechanicsburg School District beginning in the 2009-2010 school year. The Father shall be responsible to cooperate with the Mother in ensuring that she has all information pertaining to the Child's school and access to school related information, documents, schedules and personnel. 5. Each parent shall be entitled to have summer vacation custody with the Children as arranged by agreement between the parties. 6. In the event a Child is unable to attend school due to illness and the custodial parent is unavailable to provide care, that parent shall first contact the other parent to offer the opportunity to provide care for the Child before contacting third party caregivers. Generally, in the event a parent is unavailable during his or her period of custody to provide care for the Children, the other parent shall be given the first opportunity to provide care for the Children before third party caregivers are contacted. 7. Unless otherwise agreed between the parties, the parent receiving custody shall be responsible to provide transportation for the exchange of custody except as otherwise provided in this Order. The Mother may pick up the Children directly at daycare or school at the beginning of her periods of custody. 8. 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. 9. 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, M. L. Ebert, Jr. J. cc: ? ,wme D. Black, Esquire - Counsel for Father ? Diane M. Dils, Esquire - Counsel for Mother nn II? g?tv`?q KENT ZEHRING Plaintiff VS. ERICA TRUDE Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-4954 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Michaela Zehring September 5, 2003 Mother/Father Benjamin Zehring June 16, 2005 Mother/Father 2. A custody conciliation conference was held on August 31, 2009 and reconvened on September 2, 2009, with the following individuals in attendance: the Father, Kent Zehring, with his counsel, Jaime D. Black, Esquire, and the Mother, Erica Trude, with her counsel, Diane M. Dils, Esquire. 3. The parties agreed at the initial conference that the conciliator would obtain guidance from the Court, rather than scheduling a hearing, on the issue of in which school district Michaela would begin kindergarten. It was also agreed that after obtaining the Court's decision on the school issue in this manner, the conference would reconvene to establish the custody schedule which would be most appropriate in light of the school arrangements. Accordingly, following the Court's decision that the Child would be enrolled in the Mechanicsburg School District to begin kindergarten, the parties agreed to entry of an Order in the form as attached as to the;remaining scheduling issues. Date Dawn S. Sunday, Esquir Custody Conciliator FILED-C;;rROE Of TE PROTHONOTARY 2009 SEP 10 PM 2: 14 CUMK ?- ' ::.1 COUNTY PEi JM ?tA