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HomeMy WebLinkAbout10-0542 lr-? ) ( ?a ca ; n JANE ADAMS _ cry C_ - - ATTORNEY AT LAW Attorney I.D. No. 79465 ==' -T) 17 W. South St. ' ^r Carlisle, Pa. 17013 (717) 245-8508 C _n z? esyadams@gmail.com C0 --------------------------------------------- JESSE W. ZORGER and - IN THE COURT OF COMMON PLEAS KAREN L. ZORGER, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA Civil Term No vs. . AMY N. RIGGLEMAN, : IN CUSTODY Defendant 1. Plaintiffs are Jesse W. Zorger and Karen L. Zorger, who currently reside at 227 S. Barren Road, Martinsburg, Blair County, Pennsylvania, 16662. Jesse W. Zorger is fifty-one years old and Karen L. Zorger is forty-seven years old. 2. Defendant is Amy N. Riggleman, who is believed to currently live at 22 Meade Drive, Carlisle, Cumberland County, Pennsylvania, 17013. She is the natural mother of Summer Nichole VanDevere. She is twenty-eight years old. 3. Plaintiffs are in loco parentis to the following child and seek a custody order regarding the following child: NAME DOB/AGE ADDRESS Summer Nichole VanDevere 6/14/2007 227 S. Barren Road Marinsburg, Pa. 16662. Mother is not married. Plaintiffs have had continuous physical custody of the child, since July 2009, pursuant to a voluntary agreement with natural Mother. Natural Father's whereabouts are unknown. CUSTODY COMPLAINT During the past five years, the child has have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Jesse W. Zorger 227 S. Barren Road Karen L. Zorger Martinsburg, Pa. 16662 July 2009 - present ?i?,? a36,77c,,,, a The mother of the child is Amy N. Riggleman. She currently resides with her parents in Carlisle, Pennsylvania. She is not married. The father of the child is Scott VanDevere. He is believed to live in Minnesota, and his address is unknown. He has had no contact with the child since she was 6 months old. 4. The relationship of plaintiffs to the child is caretakers. Caretakers are friends of natural mother's parents. The child currently resides with Plaintiffs, pursuant to a voluntary agreement with natural mother. 5. The relationship of defendant to the child is that of natural Mother. The defendant currently lives with her parents, although she has moved frequently in the past twelve months. 6. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or in another court. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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 other than as follows: Natural Father is believed to live in Minnesota, although his address and whereabouts are unknown. He has not had contact with the child since approximately January 2008. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) Mother is currently unable to take care of the child, as she is currently pregnant and does not have adequate income, employment, or an adequate living situation. (b) The parties entered a voluntary custody agreement whereby Plaintiffs have physical custody of the child. (c)Plaintiffs have physical custody of the child and are seeking to have the agreement confirmed in a court order. (d) The child is in need of medical treatment and a procedure is scheduled for February 2010. The Plaintiffs cannot provide health insurance for the child without a court Order confirming the agreement. (e)Confirmation of the parties' agreement in a court Order would provide much needed medical treatment for the child as well as ensure the child's safety and stability. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action other than as follows: Father is not a party to this agreement and has not been named as a party. and his address is unknown However, since medical treatment is necessary and urgent Plaintiffs are requesting that the agreement be confirmed in a court Order. Nothing in the proposed agreement and Order would prevent Father from petitioning for a modification at a later date should he resume contact and desire to do so. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Respectfully submitted, Date: W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF Jan Adams, Esquire I.E. No. 79465 z. ? Cl w .? 'x:77 CUSTODY STIPULATION AND AGREEMENT CS i THIS AGREEMENT, made this Day of December 20VD1,_- by and between AMY NICOLE RIGGLEMAN of 119 Kendall Court Sinking Springs, t.errks,., County, Pennsylvania, 19608, Hereinafter referred to as Mother , and-7ES W. ZORGER and KAREN L. ZORGER, husband and wife, of 227 S. Barrens Road, Martinsburg, Blair County, Pennsylvania, 16662, Hereinafter referred to as Caretakers ; WHEREAS, the parties desire to provide for the custody and support of Summer Nicole VanDevere, born June 14, 2007; hereinafter referred to as Child WHEREAS, the Natural Father, Scott VanDevere has not seen the child since she was six months old, and he is believed to live in Minnesota, however his address is unknown; WHEREAS, Caretakers have had physical custody of the Child since July 2009 pursuant to an informal agreement of the parties and the parties wish to formalize this agreement with this stipulation and request a court Order, so that Caretakers may provide for the child s educational, emotional, and physical needs, including health insurance; NOW THEREFORE, the Parties, in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. Legal Custody. The parties agree that the Caretakers, Jesse W. Zorger, and Karen L. Zorger, shall share in legal custody of the child. Legal custody is the legal right to make all non-emergency decisions affecting a minor child's well being, including, but not limited to, all decisions regarding her health, education, and religion. The parties agree to keep each other apprised of any and all matters relating to the child s health, education, welfare, and activities. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child s day-to-day living or emergency decisions shall be made by the party then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. In the event of any emergency or serious illness of the child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other party can become involved in the decision making process as soon as possible. 2. Physical Custody. The parties agree that Caretakers have standing since they have been in loco parentis with regards to the child and have had primary physical custody of the child pursuant to Mother and Caretakers agreement since July 2009. The parties further agree that Caretakers shall retain primary physical custody of the child. Mother shall have reasonable periods of visitation with the child as mutually agreed by Mother and Caretakers. It is specifically agreed between the parties that Mother s periods of visitation shall be as reasonable as possible under the circumstances. 3. Notice. The parties agree that they shall give the other party no less than forty-eight (48) hours notice of a change in the scheduled custody or visitation periods. 4. Modification. Either party may seek to modify this Agreement by filing a Petition to Modify Custody. 5. Binding Effect and Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties. The parties shall request that this Agreement be incorporated into a Court Order without further hearing. The parties are free to modify the terms of this Agreement and order verbally or in writing but in order to do so both parties must be in complete agreement to any different terms. That means both parties must consent on what the terms of the custody arrangement or schedule shall be. 6. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. WITNESSETH: Witness Witness Witness 1, J se W. Zorger, C et e Date: Kar L. Zorger, etak Date: *Am Rigglem , other s JAN 62010P) JESSE W. ZORGER and IN THE COURT OF COMMON PLEAS KAREN L. ZORGER, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 1 G '? Civil Term AMY N. RIGGLEMAN, IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of ??u?- , 2010, having reviewed the attached agreement between the parties dated the 9 da of y :7?-?ec ;9110; it is hereby ORDERED and DECREED as follows: 1. The parties shall share legal custody of the child, Summer Nicole VanDevere, born June 14, 2007. 2. Plaintiffs, Jesse W. Zorger and Karen L. Zorger, shall continue to have primary physical custody of the child. 3. The parties' agreement, dated December )?12009, shall be entered and incorporated into this Order of Court. By the Court: cc: ?Jane Adams, Esquire, for Plaintiffs Amy N. Riggleman, mother t- (20a c Es rn.C1-Lt LL a/t 116) r., CJ , . 7 -r3 F73 r r' C- n