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HomeMy WebLinkAbout09-5039J Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff WENDY M. LYNN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. Oq - 5x39 0-ivil term MICHAEL J. ZARKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY NOTICE 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 (20) days after this Complaint and Notice are serve, 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 or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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 COUNT BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Se usted desea defenderse de las demandas que se prsentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fall por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNT BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 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 assessable facilities and reasonable accommodations available to disable 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. CUMBERLAND COUNT BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 2 WENDY M. LYNN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ct? -( l e. V. :NO. O q- 5733? MICHAEL J. ZARKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Wendy M. Lynn, an adult individual who resides at 36 Altoona Avenue, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant is Michael J. Zarker, an adult individual who resides at 599 Belle Vista Drive, Enola, Cumberland County, Pennsylvania, 17025. 3. The parties are the natural parents of Makayla N. Zarker, born 2/16/99. 4. The parties desire to enter into a Stipulation for Custody (Exhibit A), wherein they will share legal custody of the child and Mother will have primary physical custody of the child. The child is presently in the physical custody of her Mother, who resides at the address above. The child was born out of wedlock. 5. During the past five years the child has lived with the following persons at the following addresses: a. With both parents 599 Belle Vista Drive Enola, PA 17025 3 b. With mother 3 8 Altoona Avenue Enola, PA 17025 6. The Mother of the child is Wendy M. Lynn, currently residing at 36 Altoona Avenue, Enola, Cumberland County, Pennsylvania. Her marital status is single. 7. The Father of the child is Michael J. Zarker, currently residing at 599 Belle Vista Drive, Enola, Cumberland County, Pennsylvania. His marital status is single. 8. The relationship of the Plaintiff to the child is that of Mother. Plaintiff currently resides with the parties minor child. 9. The relationship of the Defendant to the child is that of Father. Defendant currently resides alone. 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 ofthe custody proceedings of 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 the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the primary care giver of the child and has provided the child with consistent and loving care. 4 b. Plaintiff is willing and able to continue to provide proper care and supervision of the child. C. Plaintiff can provide a stable and loving environment to the child. 11. Each parent whose parental rights of the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Plaintiff requests the Court to enter the attached Stipulation for Custody as an Order of Court. Respectfully Submitted, Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: 7a 1-'0 7- 5 VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: C)??? / By: -dA Wendy M. L nn EXHIBIT A Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff WENDY M. LYNN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. MICHAEL J. ZARKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY STIPULATION FOR CUSTODY THIS AGREEMENT, is made and entered into between WENDY M. LYNN and MICHAEL J. ZARKER, hereinafter referred to as Mother and Father. The parties are the natural parents of Makayla N. Zarker, born 2/16/99. The parties desire to enter into an agreement concerning the custody of their daughter under the following terms: 1. The parties will share joint legal custody of Makayla. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Eab b party shall notify the other of any activity or circumstances concerning their child 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 a 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 statue. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding a child back in school, authorizing enrollment in college, authorizing a child's driver's license or purchase of an automobile, authorizing employment, authorizing either a child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody under the following schedule: a. Every other weekend form Friday after school/work until Monday a.m. b. Two overnights during the week beginning at 4:00 p.m., with the exact days to be agreed upon by the parties. 2 4. Major holidays of New Year's Day, Memorial Day, July 4 h, and Labor Day shall be alternated on a yearly basis between the parties. Thanksgiving and Christmas shall be alternated between the parties as per their agreement. Holidays supercede regularly scheduled periods of custody. 5. The child shall be with Father on Father's Day and with Mother on Mother's Day. 6. The parties shall share transportation such that the party beginning their period of physical custody shall pick up the child. 7. Each party shall have one full week with the child during the summer vacation. The parties shall notify each other in writing of their intention to exercise this provision. 8. Both parties agree to deviate from these terms; however, if they do not agree, the terms of this Stipulation apply. 9. Neither parent shall permanently relocate if the relocations would necessitate a change in the visitation schedule or if the relocation would result in a change of school for the child or exceed a fifty (50) mile radius without a minimum written notice of ninety (90) days to the other parent. The ninety (90) day written notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a court hearing. For the child's welfare, neither parent should consider moving very far from the other until the child has reached adulthood. 3 10. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit their parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as intermediary. Each parent should encourage the child to send the appropriate holiday cards to the other parent. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have ?a signed and sealed this Agreement on them day of 9LL_,__' 2009, at Harrisburg, Pennsylvania. In the presence of WITNESS "?L' (SEAL) Wendy M. L?nn (SEAL) % Michael J. arker WITNESS 4 I 0. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit their parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as intermediary. Each parent should encourage the child to send the appropriate holiday cards to the other parent. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the day of . 2009, at Harrisburg, Pennsylvania. In the presence of. WITNESS WITNESS (SEAL) Wendy M. Lynn (SEAL) Michael J arker 4 2r'r( na Ov6.160 APO Kn`l C -W Oaco e aag 4o3 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff WENDY M. LYNN, Plaintiff V. MICHAEL J. ZARKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. o` 5D 3? : CIVIL ACTION - LAW : IN CUSTODY STIPULATION FOR CUSTODY THIS AGREEMENT, is made and entered into between WENDY M. LYNN and MICHAEL J. ZARKER, hereinafter referred to as Mother and Father. The parties are the natural parents of Makayla N. Zarker, born 2/16/99. The parties desire to enter into an agreement concerning the custody of their daughter under the following terms: 1. The parties will share joint legal custody of Makayla. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other parry's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Eab i party shall notify the other of any activity or circumstances concerning their child 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 a 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 parry as a parent as authorized by statue. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding a child back in school, authorizing enrollment in college, authorizing a child's driver's license or purchase of an automobile, authorizing employment, authorizing either a child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody under the following schedule: a. Every other weekend form Friday after school/work until Monday a.m. b. Two overnights during the week beginning at 4:00 p.m., with the exact days to be agreed upon by the parties. 2 4. Major holidays of New Year's Day, Memorial Day, July 4', and Labor Day shall be alternated on a yearly basis between the parties. Thanksgiving and Christmas shall be alternated between the parties as per their agreement. Holidays supercede regularly scheduled periods of custody. 5. The child shall be with Father on Father's Day and with Mother on Mother's Day. 6. The parties shall share transportation such that the party beginning their period of physical custody shall pick up the child. 7. Each party shall have one full week with the child during the summer vacation. The parties shall notify each other in writing of their intention to exercise this provision. 8. Both parties agree to deviate from these terms; however, if they do not agree, the terms of this Stipulation apply. 9. Neither parent shall permanently relocate if the relocations would necessitate a change in the visitation schedule or if the relocation would result in a change of school for the child or exceed a fifty (50) mile radius without a minimum written notice of ninety (90) days to the other parent. The ninety (90) day written notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a court hearing. For the child's welfare, neither parent should consider moving very far from the other until the child has reached adulthood. 10. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit their parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as intermediary. Each parent should encourage the child to send the appropriate holiday cards to the other parent. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the '0 day of Clk?. '2009, at Harrisburg, Pennsylvania. In the presence of: (SEAL) /,? 2 ?M' ?" WITNESS G Wendy M. L (SEAL) Michael J. arker WITNESS 4 0 0 10. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit their parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as intermediary. Each parent should encourage the child to send the appropriate holiday cards to the other parent. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the day of . 2009, at Harrisburg, Pennsylvania. In the presence of. WITNESS WITNESS (SEAL) Wendy A Lynn ? 6 !(SEAT,) IVlichasl J arker 4 17 T[. a . 4 ' JUL 2 7 2009 6 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff WENDY M. LYNN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. Dq - 5039 i v i t Te-rpt MICHAEL J. ZARKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 2? day of , 2009, it is hereby ORDERED that the attached Stipulation for Custody is hereby entered as an Order of this Court. BY THE COURT: J. !f Distribution: ./M ianne E. Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, PA, 17109 tanley J. A. Laskowski, Esquire, Caldwell & Kearns, 3631 North Front St., Harrisburg, PA 17110 2004 JUL 21 Ph 4' 13 pr? ! S???Jr h4f 91 If SEP 10 2010 WENDY M. LYNN, N/K/A IN THE COURT OF COMMON PLEAS WENDY M. HETRICK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 09-5039 CIVIL TERM MICHAEL J. ZARKER, CIVIL ACTION - LAW Defendant. CUSTODY ORDER OF COURT 1. Primary physical custody shall be transferred to Father pending further Order of Court; and ,nt*- Moot p'Atk kip% J. C c - o CO P_?i ?37 0 I J O r ? AND NOW THIS, day of Ak? 2010, upon consideration of Plaintiffs Emergency Petition for Special Relief, it is hereby ORDERED and DECREED that: 0 WENDY M. LYNN NWA WENDY M. HETRICK PLAINTIFF V. MICHAEL J. ZARKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-5039 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 16, 2010 , 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 Monday, October 18, 2010 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. Failure to appear at the conference may provide grounds for entrv 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 j. Man an r. 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. t? Cumberland Countv Bar Association em* CHI -10 pMOA 32 South Bedford Street ? -a l - ? > a eb(4Z c.-h Carlisle, Pennsylvania 17013 r- > foo Telephone Telephone (717) 249-3166 rr---.Z- ?0 C? l 'YO ?l ! - D ?acej 3;0 Cl) r? m _4 1= Q 71 C) M Stanley J. A. Laskowski, Esquire Attorney I.D. #37422 Karen W. Miller Attorney I.D. # 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 slaskowskigckle ag_l.n_et Attorney for Defendant Michael J. Zarker WENDY M. LYNN, N/K/A IN THE COURT OF COMMON PLEAS WENDY M. HETRICK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 09-5039 CIVIL TERM MICHAEL J. ZARKER, CIVIL ACTION - LAW Defendant. CUSTODY ORDER OF COURT !0 of 20 it is hereby ORDERED that the AND NOW, this day ? attached Stipulation for Custody is hereby entered as an Order of this Court. c "t rnm -r rn BYY' Y 5: C= C) J. Distribution: Marianne E. Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, PA 17109 Stanley J.A. Laskowski, Esquire, Caldwell & Kearns, 3631 North Front St., Harrisburg, PA 17110 ?P; PS /ZY.c , 1rd -7//©// /Ive