HomeMy WebLinkAbout93-1546
HOWARD G. OFFENGER, JR., . IN THE COURT OF COMMON PLEAS
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
. C
. /SI./ ~ /'1'13
vs. . NO. of
.
.
.
REBECCA J. ZOTYNIA, .
.
Defendant : CIVIL ACTION -- CUSTODY
COMPLAINT FOR PARTIAL CUSTODY /
VISITATION
1. The Plaintiff is HOWARD G. OFFENGER, JR., an adult
individual, residing at 12 Miramar Street, Borough of New
Cumberland, Cumberland County, Pennsylvania 17070.
2. The Defendant is REBECCA J. ZOTYNIA, an adult individual
who upon knowledge and belief has no actual permanent address but
resides primarily at either 415 Graham's Wood Road, North Dickinson
Township, Carlisle, Cumberland County, Pennsylvania or 630 Congress
Avenue, Borough of New Cumberland, Cumberland County, Pennsylvania.
3. Plaintiff is seeking partial custody and visitation of
HOWARD G. OFFENGER, IV (d.o.b. August 18, 1992), a child born out
of wedlock, to whom the above parties are the biological parents
and to whom Defendant has periodically refused partial custody
and/or visitation to the Plaintiff or, alternatively, attempted to
force unannounced visitations upon.
1
4. Defendant is unmarried and stays with the child in
various and diverse dwellings with no lawful residence. Her
mother, Barbara Klingensmith who lives at 415 Grahams Woods Road,
North Dickinson Township, Carlisle, Pennsylvania, provides
Defendant a mailing address only.
5. Defendant is an alcoholic who presently continues to
drink and whose sole employment is as a part-time waitress.
6. Plaintiff is unmarried, is employed full-time as a
general manager for TRIACT CORP, Harrisburg, PA., including on-call
status each Saturday and lives alone in the hereinabove residence,
which he owns.
7. Defendant has refused all reasonable requests of
Plaintiff and Plaintiff's counsel to negotiate and comply with a
partial custody and visitation schedule. However, Defendant
continues to make unannounced and/or unreasonable demands regarding
partial custody and visitation.
8. Plaintiff has not participated as a party or witness or
in another other capacity in other litigation in any jurisdiction
concerning partial custody and/or visitation of the child and
Plaintiff has no knowledge of any such proceeding in any other
jurisdiction.
2
VERIFICATION
The undersigned hereby verifies that the facts averred in the
foregoing Complaint for Partial Custody/Visitation are true and
correct to the best of his knowledge, information and belief.
This Verification is made subject to the penalties of 18 Pa
C.S.A. S 4904 relating to unsworn falsification to authorities.
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HOWARD ~ER, ~.
DATE:
S /7/13
9. Plaintiff is actively concerned about the welfare and
well-being of his son especially in light of Defendant's erratic
and self-destructive life style and wishes to participate in all
aspects of his maturation and development.
Therefore , it is
averred the best interests and permanent welfare of the child
HOWARD G. OFFENGER, IV will be served and enhanced by granting the
relief requested.
10. Neither parents parental rights have been terminated.
WHEREFORE, Plaintiff HOWARD G. OFFENGER, JR., biological
father of HOWARD G. OFFENGER, IV respectfully requests that This
Honorable Court grant partial custody and visitation as follows:
a. Sundays between 8:00 a.m. and 8:00 p.m.
b. Alternate holidays.
c. Alternate Birthdays.
d. All mutually and reasonably agreed other times contingent
upon 48 hours prior mutual agreement.
RESPECTFULLY SUBMITTED
BY:
OAT!!' ~ 18( l'f"l'i
Glace, Esquire
& GLACE
h Front Street
P.. x 12027
Harrisburg, PA 17108-2027
(717) 232-0511
LD. *23933
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HOWARD G. OFFENGER, IN THE COURT OF COMMON PLEAS
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
. C-
. /S-L/&; NV
vs. : NO. of
.
.
REBECCA J. ZOTYNIA, .
.
Defendant : CIVIL ACTION -- CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is
hereby directed j;.hat ti).e paxti,es ~nd their resp,ec.tive counsel
appear before ~o\M,\Ac"l L f/rlclrs; l-JLI. ' the ConcJ.lJ.ator, on the
I ~ day of Jv.ror , 1993, at:' p.m. in
the S;;'S ^I_. I ~ K. Sf. 4fV\oy/1t"-
,
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. All children
five or older shall also be present at the Conference. Failure to
appear at the Conference may provide grounds for the entry of a
temporary or permanent Order.
For the Court,
Date of Order: S-/.5, -<13 By: ~A, #-~ 6q
Custody Conciliator ~( ..
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
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-62.60
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HOWARD G. OFFENGER, .
.
Plaintiff .
.
.
.
vs. .
.
.
.
REBECCA J. ZOTYNIA, .
.
Defendant .
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1546-C-1993
CIVIL ACTION LAW
IN CUSTODY
RETURN OF SERVICE
The undersigned hereby certifies that, on the date below
written, service of the Complaint in the above-captioned action was
made upon Defendant below named, pursuant to the provisions of the
Pennsylvania Rules of Civil Procedures Rules 403 and 404 by hand
delivering the same to the said Defendant, at the address set forth
below.
Rebecca J. Zotynia
Puliti's Ristorante
324 Market Street
New Cumberland, PA 17070
The undersigned further avers that he is a competent adult
individual and that the averments of this certificate are true and
correct to the best of his personal knowledge, information, and
belief.
June 4, 1993
DATE OF SERVICE
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SHERIFF'S RETURN
CCMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 1546 Civil Term 1993
Order of Court, Complaint for
Partial Custody Visitation
Howard G. Offenger Jr.
VS
Rebecca J. Zotynia
William Diehl
, ~<<ltif: Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law, says,
that he served the within Order of Court, Complaint for Partial Custody
Visitatioin
upon Rebecca J. Zotynia , the defendant, at 6: 00 0 'clock
P.M. EEiX'X,K EDST, on the
03
day of
June
, 19-2..3at
324 Market Street, New Cumberland
Cumberland County,
Pennsylvania, by handing to Rebecca J. zotynia
a true and attested copy of the Order of Court, Complain t for Partial CUf>tody
Visitation
and at the same time directing her attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
14.00
9.52
-;;:~~
2.00
25.52 Pd. by Atty.
6-07-93
R. Thomas Kline, Sheriff
by
Sworn and subscribed to before me
this //~ day of Q"",--
19 '1..3 A.D.
~~ Q. In..h~ I ~
Prothonotary
JUN 22 199&Jt'\
HOWARD G. OFFENGER, JR., l IN THE COURT OF COMMON
Plaintiff l PLEAS OF CUMBERLAND
l COUNTY, PENNSYLVANIA
vs. l
l NO. 1546 CIVIL 1993
REBECCA J. ZOTYNIA, l
Defendant l CUSTODY
OIlDBll
AND NOW, this
..J
Z. 2. ~ day of
1~
, 1993, upon receipt of the
conciliator's report, it appearing that the parties have agreed upon the terms of this
order which was dictated in their presence and approved by them and their
counsel, we hereby order as follows:
1. Primary physical custody of the minor child, Howard G. Offenger, born August
18, 1992, is hereby awarded to his mother, the Defendant, Rebecca J. Zotynia.
2. The father of the child, the Plaintiff, Howard G. Offenger, Jr., shall have
and enjoy the following periods of temporary custody of the child:
A. Every other Sunday, commencing with Sunday, June 20, 1993, from 8:00
a.m. until 8:00 p.m. The father will be responsible to pick up the child and
return the child to the mother's residence at those times on every
alternating Sunday.
B. Tuesdays and Thursdays, in alternating weeks, commencing on Tuesday,
June 29, 1993, from 5:00 p.m. until approximately 10:00 p.m. The father
shall be responsible to pick up the child at the mother's residence ~ his
way home from work at approximately 5:00 p.m. and the mother shall be
responsible to meet the father at her apartment at approximately 10:00 p.m.
II
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Offenger vs. Zotynia
1546 ci viI 1993
on those evenings after her return from work. In the event that the mother
cannot meet the father at 10:00 p.m. for the return of the child, it is her
responsibility to arrange to have a babysitter present at her apartment or to
contact the father and make other arrangements for the return of the child.
The mother is employed as a waitress and it is anticipated she can be home by
10:00 p.m. on the evenings when the father has temporary custody but we
recognize that there may be a need for minor flexibility in time because of
her work schedule. To the extent possible, the father will not put the child
to bed on the weekday evenings he has temporary custody of the child but will
keep the child up until the child is returned to the mother at the end of the
session.
C. The father will have temporary custody on the following holidays on
an alternating basis from 9:00 a.m. until 8:00 p.m.: Easter Sunday; Memorial
Day; July 4th; Labor Day; and Thanksgiving. The period of temporary custody
will fall on the day recognized by the Commonwealth of Pennsylvania as the
official holiday for state employees. On the holidays on which the father
does not have temporary custody, the mother shall have custody that day and
the holiday schedule shall prevail over the alternating weekends and weekday
evenings set forth above. The father's first holiday with the child will be
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D. Notwithstanding any other provision of this order, the father shall
have temporary custody of the child in odd-numbered years from noon on the
24th of December until noon on the 25th of December and the mother shall have
custody from noon on the 25th of December until noon on the 26th of December.
2
Offenger vs. Zotynia
1546 civil 1993
In even-numbered years, the mother shall have custody of the child from noon
on the 24th of December until noon on the 25th of December and the father
shall have temporary custody from noon on the 25th of December until noon on
the 26th of December.
E. Notwithstanding the other provisions of this order, the father shall
have temporary custody of the child every Father's Day from 8:00 a.m. until
8:00 p.m. and the mother shall have custody of the child every Mother's Day
without interruption. Should Father's Day and Mother's Day conflict with the
other provisions of this order so that the father loses a Sunday he is
scheduled to have the child, he will make up that time the next Sunday and
the rest of the order will continue without modification.
3. We make no schedule at the present time for summer or other vacation periods
because of the youth of the child. We anticipate that the parties will be able to
agree upon that in the future but, if they are not, we will make an appropriate order
upon the request of either party.
By the Court,
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J.
John M. Glace, Esquire
Attorney for Plaintiff
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Joan Carey, Esquire
Attorney for Defendant
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3
HOWARD G. OFFENGER, : IN THE COURT OF COMMON PLEAS
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. : No. 1546 Civil 1993
.
.
REBECCA J. ZOTYNIA, .
.
Defendant . CUSTODY
.
PB~I~ION FOR COHTEMP~ FOR FAILURE
TO COMPLY WITH CUSTODY/VISITATION ORDBR
TO THE HONORABLE JUDG~ THE SAID COURT:
AND NOW, this ~ day of November, 1995, comes HOWARD G.
OFFENGER, JR., Plaintiff in the above named Custody action by and
through his attorney JOHN M. GLACE and Petitions the Court for
Contempt for Failure to Comply with Custody/Visitation Order of the
Defendant and, in support thereof, avers the following:
L Petitioner is HOWARD G. OFFENGER, JR., 210 Old Stonehouse
Road, R. D. 1, Carlisle, (Middlesex Township), Cumberland County,
Pennsylvania.
2. Respondent is Rebecca J. Zotynia, who resides at 609
Third Street, First Floor Apartment, New Cumberland, PA 17070.
3. Minor child is HOWARD G. OFFENGER, IV, born on August 18,
1992. Petitioner is the acknowledged father.
4. The above parties were never married.
1
5. On June 22, 1993, the Honorable Kevin A. Hess, Judge of
this Honorable Court, entered an Order for Custody/Visitation. A
true and correct of this Order of Court is attached hereto as
Exhibit A and made part hereof.
6. Respondent has violated this Order of Court with each of
the following acts:
Respondent has left
machine and indicated
the Order and further
to take any action and;
a.
messages on Petitioners
that it is her intent to
stated that Petitioner is
answering
disregard
powerless
b. Respondent presently refuses to allow the Petitioner
any weekend visitation as provided by the Order unless he
agrees to overnight visitation on Wednesdays. This visitation
and partial custody involving an overnight visit on Wednesdays
is not part of the existing Order and presents extraordinary
burden and inconvenience because of the dictates of
Petitioner's full-time job and;
c. Respondent has refused to allow Petitioner Tuesday
and Thursday alternate week visitation as provided in the
Order and;
d. Respondent has continually paged Petitioner at his
job and berated him for not being available at her whim and
designation for baby sitting duties. Respondent continually
threatens Petitioner with loss of opportunity to visit his
child unless he complies with her demands about baby sitting.
These demands for baby sitting usually entail only a one (1)
to three (3) hour warning and require unreasonable and
extraordinary accommodation in Petitioner's work schedule and;
e. Respondent refused to allow visitation throughout
the month of October until October 28 when she called and
demanded that overnight visitation be arranged so that it
would conform to her social schedule.
7. The above described behavior of the Respondent in
refusing visitation/partial custody or demanding ad hoc amendments
to the existing Custody/Visitation Order described in Exhibit A not
only has continually caused Petitioner to make emergency
adjustments
2
of his work schedule, but has caused his physical health to
deteriorate.
8. Respondent is in continued violation of existing
Custody/visitation Order.
WHEREFORE, Petitioner HOWARD G. OFFENGER respectfully prays
your Honorable Court to grant a Rule Upon Respondent to show she
should not be held in contempt for violation of the Order of this
Court.
RESPECTFULLY SUBMITTED,
. Glace, Esquire
ON & GLACE
orth Front Street
Box 12027
Harrisburg, PA 17108-2027
(717) 232-0511
LD. #23933
BY
3
VERIFICATION
The undersigned hereby verifies that the facts averred in the
foregoing Pe~i~ion for Con~emp~ for Failure ~o Comply wi~h
Custody/Visita~ion Order are true and correct to the best of his
knowledge, information and belief.
This Verification is made subject to the penalties of 18 Pa
C.S.A. S 4904 relating to unsworn falsification to authorities.
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DATE:
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: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
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"PT' Defendant
:CIVIL ACTION - LAW
*
.
;NO. /S-<.f ~ CIVIL
: CUSTODY/VISITATION
1993
ORDER OF COURT
f\\ OJ d'iic 1C,'1,
AND NOW, this (date)' , upon consideration of the
attached complaint, it is hereby directed that the Barties and
their respective counsel appear before n ,'ch-<-r/ L. (3~ ,'-.:'" ,
the conciliat;pr, at '~ iJ 9) - 2); 11) t hSj. Cc..rnp I-h d ,
on the @,:;,r day of 1J('~rrr. I"r , 19t::!", , at /I~OD/:J.M.
M., for a Prehearing 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. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatory. Failure to appear at the conference may provide
grounds for entry of a temporary or pel:7llanent order.
,
FOR THE COURT:
,M:U~-~ .
Custody Conciliator ~
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.
By:
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717) 240-6200
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HOWARD G. OFFENGER, .
.
Plaintiff .
.
.
.
vs. .
.
.
.
REBECCA J. ZOTYNIA, .
.
Defendant .
.
IN THE COURT OF COMMON~L~ ~
CUMBERLAND COUNTY, P~YLr"?:f\N~
mrn "-' r-n::rJ
N 1546 C" "1 1993 ;~f:2 ;..; .."hi
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CUSTODY
RETURN OF SERVICE
The undersigned hereby certifies that, on the date below
written, service of the Petition for Contempt For Failure to Comply
with Custody/Visitation Order in the above-captioned action was
made upon Defendant below named, pursuant to the provisions of the
Pennsylvania Rules of Civil Procedures Rules 403 and 404 by hand
delivery to REBECCA ZOTYNIA at:
Rebec.Sl:~, "~otynia
609 ~ Street
First Floor Apartment
New Cumberland, PA 17070
The undersigned further avers that he is a competent adult
individual and that the averments of this certificate are true and
correct to the best of his personal knowledge, information, and
belief.
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HOWARD G. OFFENGER,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
REBECCA J. ZOTYNIA,
Defendant
CIVIL ACTION - LAW
NO. 1546 CIVIL 1993
CUSTODY
JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts)
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(bl. the undersigned Custody Conciliator submits the
following report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME
BIRTHDA TE
CURRENTLY IN
CUSTODY OF
Howard G. Offenger, IV 18 September 1992
Defendant/Mother
2. A Conciliation Conference was held on 21 December 1995, and the
following individuals were present: the Plaintiff and his attorney, John M. Glace,
Esquire. The Defendant did not appear or have counsel appear on her behalf.
3. Items resolved by agreement: None.
4. Issues yet to be resolved: A regular custody schedule.
1
5, The Plaintiff's position on custody is as follows: Plaintiff indicated that
the Mother refused to follow the existing schedule and further indicates that he
needs the schedule modified.
6. The Defendant's position on custody is as follows: Defendant was
served with the Petition but refused to appear. The Defendant also called the
Conciliator's office and indicated that she did not have to appear.
7. Need for separate counsel to represent child: None requested.
8. Need for independent psychological evaluation or counseling: None
requested.
9. A hearing in this matter is expected to take one-half day.
10. Other matters and comments: The Defendant obviously is in contempt
of the existing Order and has blatant disregard for any orders of court.
Date: 28 December 1995
P141 7 k/7
Michael L Bangs I /
Custody Conciliator
2
HOWARD G. OFFENGER, )
Plaintiff/Petitioner )
)
vs. I
)
REBECCA J. ZOTYN1A, )
Defendant/Respondent )
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO, 1546 CIVIL 1993
CUSTODY
ORDER
AND NOW, this Z~ ~ day of 'J lJ)\l V.., ,199f1, a hearing on
Petitioner's Request for Contempt and Modification is scheduled for the / t ..cc..
day of c..~
. 1996, at /; 3c! ....t.m,. in Court Room Number...... ~
of the Cumberland County Court House, Carlisle. Pennsylvania.
J.
John M. Glace. Esquire _
Ms. Rebecca J. Zotynia
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SHERIFF'S RETURN - REGULAR
CASE NO: 1993-01545 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
OFFENGER HOWARD G
VS.
ZOTYNIA REBECCA J
TIMOTHY REITZ , Sheriff or Deputy Sheriff of
CUMBERLAND County. Pennsylvania. who being duly sworn according
to law, says, the within ORDER OF COURT
was served
upon ZOTYNIA REBECCA J the
defendant. at 1247:00 HOURS, on the 15th day of December
1995 at 509 THIRD ST, FIRST FLOOR APARTMENT
NEW CUMBERLAND. PA 17070 ,CUMBERLAND
County. Pennsylvania, by handing to REBECCA J. ZOTYNIA
a true and attested copy of the ORDER OF COURT
together with PETITION FOR CONTEMPT FOR FAILURE TO COMPLY WITH
CUSTODY/VISITATION ORDER
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18,00
19.04
.00
2.00
S?~~
639.04
R. Thomas Kline, Sheriff
~~~t~~1~950~ENG~:f.R .,~ . &.--
by cr ~ " .
epu y She f:f
Sworn and subscribed to be:fore me
this 02.-..A day o~
19 Q{, A. D,
Ch. Q);~~'or;6~'
HOWARD G. OFFENGER, JR.,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
1546 CIVIL 1993
REBECCA J. ZOTYNIA,
Defendant
: CIVIL ACTION - LAW
IN CUSTODY
, ,
IN RE: MODIFICATION OF COURT ORDER
-I
ORDER OF COURT
AND NOW, this 18th day of April, 1996, upon c:
consideration of the Plaintiff's request for contempt and
modification and pursuant to an agreement reached in open court
between the Plaintiff, represented by John M. Glace, Esquire,
and the Defendant, representing herself, the request for
contempt is deemed withdrawn and the Order of Court dated June
22, 1993 is modifided to read as follows:
1. Primary physical custody of the parties' minor
child, Howard G. Offenger, IV, born August 18, 1992, is hereby
awarded to his mother Rebecca J. Zotynia.
2. The father of the child, the Plaintiff, Howard G.
Offenger, Jr., shall have and enjoy the following periods of
temporary custody of the child:
a. Every other weekend commencing at 4:00 Friday
until 6:00 p.m. Sunday beginning April 26th, 1996, and following
in each succeeding alternate weekend thereafter. The father
shall be responsible to pick up the child and return the child
to the mother's residence at those times. This schedule is not
open to amendment except upon medical emergency of either
father, mother or the child.
b. The father will have temporary custody on the
following holidays on an alternating basis from 9:00 a.m. until
8:00 p.m.: Easter Sunday; Memorial Day; July 4th; Labor Day;
and Thanksgiving. The period of temporary custody will fall on
the day recognized by the Commonwealth of Pennsylvania as the
official holiday for state employees. On the holidays on which
the father does not have temporary custody, the mother shall
have custody that day and the holiday schedule shall prevail
over the alternating weekends set forth above.
c. Notwithstanding any other provision of this
order, the father shall have temporary custody of the child in
odd-numbered years from noon on the 24th of December until noon
on the 25th of December and the mother shall have custody from
noon on the 25th of December until noon of the 26th of December.
In even-numbered years, the mother shall have custody of the
child from noon on the 24th of December until noon on the 25th
of December and the father shall have temporary custody from
noon on the 25th of December until noon on the 26th of December.
d. Nothwithstanding the other provisions of this
order, the father shall have temporary custody of the child
every Father's Day from 8:00 a.m. until 8:00 p.m. and the mother
shall have custody of the child every Mother's Day without
interruption. Should Father's Day and Mother's Day conflict
with the other provisions of this order so that the father loses
a Sunday he is scheduled to have the child, he will make up that
time the next Sunday and the rest of the order will continue
without modification.
3. Each parent may have custody of the child for a
vacation period as long as reasonable notice is provided to the
other parent no later than three weeks before commencement of
the vacation, and that notice would not be subject to amendment
unless there is a medical emergency involving either parent or
the child.
By the Court,
"f /l!.,:o~qg i.
John M. Glace, Esquire
For the Plaintiff
~~~ 1f/:JS-!9h.
.},. -r'.
Rebecca J. Zotynia, Pro Se
609 Third street, 1st Floor
New Cumberland, PA 17070
It
HOWARD G. OFFENGER,
Plaintiff
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYL VANIA
v.
No.
REBECCA J. ZOTYNIA
(Now KUHNS), Defendant
CIVIL ACTION - CUSTODY
Complaint for Custody
AND NOW, comes HOWARD G. OFFENGER, Plaintiff above named, by and
through his attorney, John M. Glace, Esquire, and respectfully presents the below
Complaint for Custody, and , in support thereof, avers the following:
1. Plaintiff, HOWARD G. OFFENGER, is an adult individual, now married since
entry of the Order arising from the above custody action, and now residing 215 North
Market Street. Mechanicsburg, P A with his wife. This residence is a three (3) bedroom
dwelling, owned by Plaintiff and his wife. No one else resides in this residence.
2. Defendant is an adult individual, who has also manied since entry of the Order
relative to above custody action to Scott Kuhns and now residing 708 East Cocklin
Street, Mechanicsburg, P A Since her marriage Defendant and her husband have had
another child, a three (3) year old daughter.
3. The above parties are the biological parents of HOWARD G. OFFENGER, IV.
(DOB: 8/18/92). Primary physical custody presently is with Defendant pursuant to Judge
Oler's April 18, 1996 Order which is attached hereto as Exhibit "A" and made part hereof
4. The above referenced Order was entered prior to the above described marriages
of each party and their relocation to the Borough of Mechanics burg, P A.
5. Upon knowledge and belief, Defendant is separating from her husband and has
expressed her intention to move to her father's residence near Bangor, (Northhampton
County) P A . She had been estranged from her father for over thirty (30) years and only
became re-aquatinted with him in August, 2000.
6. Defendant has never held a full time job and her only work experience is as a
waitresslbannaid.
7. If primary custody were granted to Plaintiff, the minor child would continue in
the Mechanicsburg School system.
8. Defendant's relocation impetus, upon knowledge and belief is based on her
present marriage's tenuous state and is averred to be reactive and without appropriate or
necessary forethought.
9. For the past five (5) years the minor child has resided at the following
locations:
a. 609 3rd Street, New Cumberland, PA; and
b. Enola, P A ( at the residence of Scott Kuhns); and
c. 323 South Washington Street, Mechanicsburg, PA; and
d. 708 East Cocklin Street, Mechanicsburg, PA
10. At all times during the minor child's life, Plaintiff has enjoyed liberal partial
custody, far in excess to the parameters provided in the attached Order including
interaction with the minor child for school and many out-of-school activities.
11. Although, Defendant is unemployed, the minor child has been consistently
tardy or absent from school. It is reasonably believed that this situation will continue if the
Defendant relocates with the minor child. Plaintiff has often interceded with school the
minor child's school attendance difficulties, including but not limited to, taking the child to
school on a timely basis.
12. It is in the best interest for the minor child to have the minor child's primary
custody to be transferred to Plaintiff
. '
Exhibit" A"
HOWARD G. OFFENGER, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
v. . 1546 CIVIL 1993
.
:
REBECCA J. ZOTYNIA, : CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
IN RE: MODIFICATION OF COURT ORDER
ORDER OF COURT
AND NOW, this ~9th day of April, 1996, upon
consideration of the Plaintiff's request for contempt and
modification and pursuant to an agreement reached in open court
between the Plaintiff, represented by John M. Glace, Esquire,
and the Defendant, representing herself, the request for
contempt is deemed withdrawn and the Order of Court dated June
22, 1993 is modifided to read as follows:
1. Primary physical custody of the parties' minor
child, Howard G. Offenger, IV, born August 18, 1992, is hereby
awarded to his mother Rebecca J. Zotynia.
2. The father of the child, the Plaintiff, Howard G.
Offenger, Jr., shall have and enjoy the fOllowing periods of
temporary custodY ot the child:
a. Every other weekend commencing at 4:00 Friday
until 6:00 p.m. Sunday beginning April 26th, 1996, and fOllowing
in each succeeding alternate weekend thereafter. The father
shall be responsible to pick up the child and return the child
to the mother's residence at those times. This schedule is not
open to amendment except upon medical emergency of either
father, mother or the child.
b. The father will have temporary custody on the
following holidays on an alternating basis from 9:00 a.m. until
8:00 p.m.: Easter SUnday; Memorial Day; July 4th; Labor Day;
and Thanksgiving. The period of temporary custody will fall on
the day recognized by the Commonwealth of Pennsylvania as the
official holiday for state employees. On the holidays on which
the father does not have temporary custody, the mother shall
have custody that day and the holiday scheclale shall prevail
over the alternating weekends set forth above.
c. Notwithstanding any other provision of this
order, the father shall have temporary custody of the child in
odd-numbered years from noon on the 24th of December until noon
on the 25th of December and the mother shall have custody from
noon on the 25th of December until noon of the 26th of December.
In even-numbered years, the mother shall have custody of the
child from noon on the 24th of December until noon on the 25th
of December and the father shall have temporary custody from
noon on the 25th of December until noon on the 26th of December.
d. Nothwithstanding the other provisions of this
order, the father shall have temporary custody of the child
every Father's Day from 8:00 a.m. until 8:00 p.m. and the mother
shall have custody of the child every Mother's Day without
interruption. Should Father's Day and Mother's Day conflict
with the other provisions of this order so that the father loses
a Sunday he is scheduled to have the child, he will make up that
time the next Sunday and the rest of the order will continue
without modification.
3. Each parent may have custody of the child for a
vacation period as long as reasonable notice is provided to the
other parent no later than three weeks before commencement of
the vacation, and that notice would not be subject to amendment
unless there is a medical emergency involving either parent or
the child.
By the Court,
31 !l!.-:&/1t t.
John M. Glace, Esquire
For the Plaintiff
Rebecca J. Zotynia, Pro Se
609 Third street, 1st Floor
New Cumberland, PA 17070
It
TRUE COpy FROM RECORD
rn Tc'st;m~ny v:hfrJof. , ~~rr: :}l1ti" :Iff my hand
and the %al 01 said (oun at Cdrli~ie, Pa.
T'; ~:sv.. ~ .( 0
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lJ--- ........... ,1.-......'...........-...
f....I'1o: Prothonotary
VERIFICATION
The Undersigned hereby verifies that the facts averred in the foregoing Complaint
in Custody are true and correct to the best of his knowledge, information, and belief
This verification is made subject to the penalties of 18 Pa. C. SA, Section 4904
relating to unsworn falsification to authorities.
/o/~N
~.~~~piJ."" ~<.
. Howard G. Offe";Tc,,/
. ~
HOWARD G. OFFENGER
PLAINTIFF
v.
REBECCAJ.ZOTYNiA
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
93-1546 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 27TH day of OCTOBER, 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa p, Greevy, Esq. , the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 29TIllayof NOVEMBER, 2000, at--.EOO P.M
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
ifthis cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: Isl
Melissa P. Greevy. Esq,fl;
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 A ITORNEY AT ONCE. IF YOU DO NOT
HAVE AN AITORNEY 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
2 Liberty Avenue
Carlisle. Pennsylvania 17013
Telephone (717) 249-3166
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HOWARD G. OFFENGER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 1546 CIVIL 1993
v.
REBECCA J. ZOTYNIA
((Now Kuhn),Defendant
CIVIL ACTION - CUSTODY
RETURN OF SERVICE
The undersigned hereby certifies that, on the date below written, service of the
Complaint in Custody and Order for Conciliation the above-captioned action was
made upon Defendant, above named, pursuant to the provisions of Pennsylvania Rules of
Civil Procedure, Rules 403 and 404 by hand delivery to said Defendant at Broad Street
SchooL Mechanicsburg, PA at 2:30 PM, November 6, 2000..
Additionally, Defendant has confirmed her receipt and acknowledged that she
knows and understands that the Conciliation is scheduled on November 29, 2000 at 9:45
Am at the Law Office of the Conciliator, Melissa Peel Greevy, Esquire at 214 Senate
Avenue, Camp Hill, PA. during telephone conversations with the Plaintiff.
The undersigned further avers that he is a competent adult individual and that the
averments of this Return of Service are true and correct to the best of his personal
knowledge, information, and belief
November 6, 2000
W:~lace, Esquire
1 -13 Walnut Street
ani, urg, PA 17101-1612
17) 238-5515
DATE OF SERVICE
.
VERIFICATION
The Undersigned hereby verifies that the facts averred in the foregoing Complaint
for Custody and Order for Conciliation are true and correct to the best of his
knowledge, information, and belief
This verification is made subject to the penalties of 18 Pa. C.S.A, Section 4904
relating to unsworn falsification to authorities.
4~~~r-
11-16~OO
Date
HOWARD G. OFF ENGER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 93-1546
REBECCA J. ZOTYNIA (KUHN),
Defendant
CIVIL ACTION - LAW
CUSTODY
INTERIM ORDER OF COURT
AND NOW, this ~ l-t, day of December, 2000, in consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
The prior Order of April 18, 1996, shall continue in full force and effect with the following
modifications:
1. The parties shall submit themselves and their minor Child to an independent
Custody Evaluation which, unless otherwise agreed, shall be performed by Dr. Stanley
Schneider of Guidance Associates. The parties shall share equally in the cost of this
Evaluation. The first contact with the Evaluator to begin the Evaluation process shall occur no
later than December 13, 2000. The parties shall sign all necessary releases and
authorizations for the Evaluator to obtain medical, psychological and educational information
pertaining to the parties and the Child.
2. Following the completion of a Custody Evaluation, the Custody Conciliation
Conference shall be reconvened after the receipt of the report to establish whether a hearing
shall be necessary or if the parties are then able to enter a modified custody agreement.
3. It shall be the responsibility of counsel for the Father to contact the conciliator to
schedule the Conciliation Conference following receipt of the report from the Evaluator.
BY THE COURT,
JJ~i1lf
Dis\:
John M. Glace. 132-134 Walnut Street. Harrisburg. PA 17101-1612 ) 1'.1UJ,,~
Rebecca Kuhn, 615 Bangor Junction Road, Bangor, PA 18013 --7~
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.(
HOWARD G. OFF ENGER,
Plaintiff
DEe 0 4 20~~,~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 93-1546
REBECCA J. ZOTYNIA (KUHN),
Defendant
CIVIL ACTION - LAW
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 Child who is the subject of this litigation is
as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Howard G. Offenger, IV
August 18, 1992
Mother
2. A Custody Conciliation Conference was held on November 29, 2000, with the
following persons in attendance: the Father, Howard G. Offenger, and his counsel, John M.
Glace, Esquire; the Mother, Rebecca J. Zotynia (Kuhn). Mother stated that she had obtained
counsel whom she identified as Mark Duffie, Esquire. However, Mr. Duffie did not attend the
Conciliation Conference, nor has the Conciliator been informed that Mr. Duffie has entered an
appearance in this matter.
3. Before the Court is a Complaint for Custody filed by Father. Father, in reality,
is seeking a modification of an existing Custody Order entered by this Court on April 18, 1996.
The parties were not able to reach a final agreement on Father's request for primary physical
custody of the minor Child. However, the parties did agree to an Interim Order, a Custody
Evaluation, and return to Conciliation prior to determining whether a hearing will be necessary
in this matter.
4. Father's position on custody is as follows: Father claims that he has had a very
active role in the life of his son. Up until the move, the parties had been living within just a few
miles of each other for a number of years. Father states that he and Mother frequently had an
informal arrangement wherein he could call and arrange to spend time with his son on a
frequent basis, in addition to the times provided in the present Order. However, sometime this
in September or October, 2000, Mother informed him of her contemplation of the move out of
the area with the minor Child. At that time he states that he does not believe that she would
actually move. However, without his consent she did withdraw the Child from school and
moved to Bangor, Northumberland County, Pennsylvania. As a result, Father is not able to
have as frequent contact with his son and he is now seeking primary custody of his son and to
No. 93-1546
have his son re-enrolled in the school which he had been attending up to this point. Father
has voiced concerns that Mother was quite secretive about the new address and telephon~
number where she relocated. He is also concerned that during the time that Mother.lived In
Mechanicsburg the Child was frequently tardy and absent from school. Father additionally.
voiced concern that he recently received a telephone call from his son who was crying and In
pain because the Mother had twisted his arm in an effort to force him to sit down.
5. Mother's position on custody is as follows: Mother claims that she met on more
than one occasion with Father to explain to him her plans to move to Bangor as a result of the
. - ,- -.----> ,._~ h=r nr"'''",nt h"..h,,"rl and her rekindling of a relationship with her father.
No. 93-1546
have his son re-enrolled in the school which he had been attending up to this point. Father
has voiced concerns that Mother was quite secretive about the new address and telephone
number where she relocated. He is also concerned that during the time that Mother lived in
Mechanicsburg the Child was frequently tardy and absent from school. Father additionally
voiced concern that he recently received a telephone call from his son who was crying and in
pain because the Mother had twisted his arm in an effort to force him to sit down.
5. Mother's position on custody is as follows: Mother claims that she met on more
than one occasion with Father to explain to him her plans to move to Bangor as a result of the
estrangement from her present husband and her rekindling of a relationship with her father.
She states that she informed him of her intent to move approximately two months prior to
doing so and that she received reassurances from him that he would not object to the move as
long as he could continue to have periods of weekend custody with their son. Prior to the
move Mother has been a homemaker. She is now employed part-time at a florist shop
delivering and arranging flowers. She anticipates in coming weeks that her hours may be
increased to more nearly full-time hours. She states that the reason for her move was in part
difficulties she is having in her present marriage. She denies that there was any abuse or
danger that would make her leave the community or withdraw the Child from school. Mother
presently resides with both of her Children in Northampton County. She describes the benefit
of the move being that of having a greater distance between her son and the Plaintiff/Father.
She states that Father has been a great source of disappointment to the Child. She alleges
that he frequently disappoints the Child by failing to attend Cub Scout meetings, school
functions and by rearranging the times of custodial visits. She alleges that he frequently drinks
alcohol to excess. Mother states that prior to move the parties did not have a shared custodial
arrangement but rather an alternating weekend arrangement from Friday afternoon to Sunday
evening.
6. The parties agreed to a Custody Evaluation, to be performed by Stanley Schneider,
unless otherwise agreed. Following the Custody Evaluation the parties shall return for a
Custody Conciliation Conference prior to determining w r a hearing will be necessary in
this matter.
~,,/~
LII/'" ~
MU~ Peel Greevy, Esquire
Custody Conciliator
Date
HOWARD G. OFFENGER ill,
Plaintiff
IN THE COURT of COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
v.
No. 93 - 1546
REBECCA J. ZOTYNIA,
(Now KUHN)
Defendant
CIVIL ACTION - LAW
CUSTODY
To: The Honorable, 1. Wesley Oler, Judge of Said Court:
Motion/or Special Relief
1~
AND NOW, this /day of January, 2001 comes the Plaintiff HOW ARD G.
OFFENGER by and thro gh her attorney, John M. Glace, Esquire, and pursuant to Pa. R
C. P. 1915.13 moves This Honorable Court for Special Relief relative to the above matter,
and in support thereof, presents the following:
I, Plaintiff HOW ARD G. OFFENGER, III, is a adult individual, who resides with
his wife at 215 North Market Street, Mechanicsburg, PA
2. Defendant REBECCA J. ZOTYNIA ( now KUHN), is adult individual, who
had resided with her husband at 215 Cocklin Street, Mechanicsburg, PA and, whose last
known address is 615 Bangor Junction Road, Bangor, Northhampton County, PA
3. The above parties are bound relative to shared legal custody of their minor
child, HOWARD G. OFFENGER, IV (DOB: August 18, 1992) pursuant to a April 18,
1996 Amended Order of this Honorable Court, attached hereto as Exhibit "A" and made
part hereof
4. On October 20,2000, Plaintiff filed A Complaint in Custody, attached hereto as
Exhibit "B" and made part hereof, after Defendant pre-emptorily withdrew the minor child
from his school, separated from her husband and moved to the Bangor area, North-
hampton County, P A A conciliation hearing before Melissa Peel Greevy, Esq. on
November 29, 2000 and she issued a Summary Report to this Honorable Court on
December 1,2000, said report is attached hereto as Exhibit "c" and made part hereof
5.. On December 6, 2000, this Honorable Court issued an Interim Custody Order,
which is attached hereto as Exhibit "D" and made part hereof In essence, this Order
re-stated the agreement reached at the conciliation conference that an independent custody
evaluation should be performed,
6. At the conciliation conference, Defendant represented that she had consulted
with counsel, Jerry Duffie, Esq. of the Cumberland County Bar. This has proven untrue.
Undersigned counsel has been contacted by the Law Clinic of Dickinson School of Law
where Defendant had represented herself as an indigent, notwithstanding her
representations at the conciliation conference that she had obtained full-time employment
in Northhampton County.
7. On December 12,2000. Defendant appeared unannounced at Plaintiffs
residence and relinquished custody of the minor child stating that she wished to confer
primary custody upon Plaintiff and left.
8. Plaintiff re-enrolled the minor child into Mechanicsburg Area School District
and the minor child resumed his education at the elementary school from which his
mother, the Defendant, had previously withdrew him without notifYing the Plaintiff,
notwithstanding their shared legal custody.
9. Plaintiff had prepared an Amended Custody Agreement which encompassed all
changes to the extant Custody Order of April 18, 1996, to which Defendant had agreed on
December 12, 2000 when she relinquished the minor child's primary custody. This
purposed agreement is attached hereto as Exhibit "E" and made part hereof
10. While it remains unclear to Plaintiff as to the exact residence of Defendant, he
transferred custody on December 31, 2000 to Defendant, so that she and the minor child
could visit Defendant's family that resided in the immediate area.
I I. On January 1,2000, Defendant appeared at Plaintiffs house and screamed
profanities and announced that she was rescinded the voluntary change in primary custody
described above and in Exhibit ''E''.
12, The next day the minor child went to school at 8:00 AM and the Defendant
appeared at 10:00 AM and lliIDn-withdrew the minor child from his elementary school.
13. When Plaintiff re-enrolled his son in the Mechanicsburg Area School District,
a transfer form from the Bangor Area School District was required. That document stated
that the last day the minor child attended school in Bangor was December 4, 2000 , eight
(8) days before Defendant appeared at PlaintitPs residence and relinquished custody of the
minor child.
14. Attendance records produced at the conciliation conference from the minor
child's 1999-2000 school year at Mechanicsburg Area School District demonstrated a
pattern of unexcused absences, absences, and tardy arrivals. During that school year
Defendant was primary custodian. At that time, Defendant was residing with her husband
and not employed.
15. Upon knowledge and belief, Defendant's husband, also a resident of
Mechanicsburg, has filed a Petition for Protection from Abuse in the Court of Common
Pleas of Cumberland County Court, based on her continuing volatile and aggressive
behavior.
16. Plaintiff has been fully compliant with this Honorable Court's Interim Order of
December 6, 2000, including, but not limited to, pre-paying and scheduling an initial
consultation relative to the Custody Evaluation with Guidance Associates, Inc. That
consolation will occur January 13,2000. At the date of the filing of this Petition for
Special Relief, Defendant has not contacted Guidance Associates, Inc.
17. Defendant's behavior has demonstrated a growing disregard of her children's
best interest. She has obtained custody and transferred school districts in violation of the
extant shared legal custody Order, she has either failed to communicate to Plaintiff relative
to his son's whereabouts and condition or she has been profane and verbally aggressive.
She has demonstrated capricious and self-destructive behavior regarding both herself and
her children ( she also has obtained custody of her daughter, the younger half-sister of the
minor child by simply taking her).
19. It is averred that Defendant's above behavior, including her conscious
disregard of Orders of Court and failure to provide the required education is.not in the
best interests of the minor child
WHEREFORE, Plaintiff HOW ARD G. OFFENGER, III, respectfully requests
that This Honorable Court enter an Order transferring primary custody of HOW ARD G.
OFFENGER" IV to him and that Defendant REBECCA 1. ZOTYNIA ( now KUHN ) be
prohibited from withdrawing said child from Mechanicsburg Area School District
throughout the 2000-2001 school year.
Respectfully submitted,
THE LAW OFFICE of JOHN M. GLACE
. Glace, Esquire
2 34 Walnut Street
arrisburg, PA 17101-1612
(717) 238-5515
Supreme Court ill: 23933
Counsel for Plaintiff
~
. ,
Txhi6it Cfyt"
, .
HOWARD G. OFFENGER, JR. , . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : 1546 CIVIL 1993
.
.
REBECCA J. ZOTYHIA, . CIVIL ACTION - LAW
.
Defendant . IN CUSTODY
.
IN RE: MODIFICATION OF COURT ORDER
ORDER OF COURT
AND NOW, tt'is 19th c1!lY of April, 1996, u.pon
consideration of the Plaintiff's request for contempt and
modification and pu.rsuant to an agreement reached in open court
between the Plaintift, represented by John M. Glace, Esquire,
and the Defendant, representinq herselt, the request for
contempt is deemed withdrawn and the Order ot Court dated June
22, 1993 is moditided to read as follows:
1. Primary physical custody of the parties' minor
child, Howard G. Ottenger, IV, born August 18, 1992, is hereby
awarded to his mother Rebecca J. Zotynia.
2. The father of the child, the Plaintiff, Howard G.
Offenger, Jr., shall have and enjoy the following periods of
temporary custoay o~ the child:
a. Every other weekend commencing at 4:00 Friday
until 6:00 p.m. Sunday beginning April 26th, 1996, and followinq
in each succeeding alternate weekend thereafter. The father
shall be responsible to pick up the child and return the child
to the mother's residence at those times. This schedule is not
open to amendment except upon medical emergency of either
father, mother or the child.
b. The tather will have temporary custody on the
tollowing holidays on an alternating basis trom 9:00 a.m. until
8:00 p...: Easter Sunday; Memorial Day; July 4th; Labor Day;
and Thanksgiving. The period at te.porary custody will tall on
the day recognized by the Commonwealth of Pennsylvania as the
otticial holiday tor state employees. On the holidays on which
the father does not have temporary custody, the mother shall
have custody that day and the holiday scheclalc shall prevail
over the alternating weekends set forth above.
c. Notwithstanding any other provision ot this
order, the father shall have temporary custody of the child in
odd-numbered years from noon on the 24th of December until noon
on the 25th of December and the mother shall have custody trom
noon on the 25th of December until noon of the 26th ot December.
In even-numbered years, the mother shall have custody ot the
child from noon on the 24th of December until noon on the 25th
of December and the father shall have temporary custody from
noon on the 25th of December until noon on the 26th of December.
d. Nothwithstanding the other provisions of this
order, the father shall have temporary custody of the child
every Father's Day from 8:00 a.m. until 8:00 p.m. and the mother
shall have custody of the child every Mother's Day without
interruption. Should Father's Day and Mother's Day conflict
with the other provisions of this order so that the father loses
a Sunday he is scheduled to have the child, he will make up that
time the next Sunday and the rest of the order will continue
without modification.
3. Each parent IIaY have custody of the child for a
vacation period as long as reasonable notice is provided to the
other parent no later than three weeks before co...nc..ent of
the vacation, and that notice would not be subject to a..ndaent
unless there is a .edical e.ergency involving either parent or
the child.
By the court,
/!.!.,:~fl~ L .
-
J
John M. Glace, Esquire
For the Plaintiff
Rebecca J. Zotynia, Pro Se
609 Third Street, 1st Floor
New cumberland, PA 11010
It
TRUE COFY FROM RECORD
In T'.:st;m~ny V:hfi .:of. , ~t. n :}i\tr- SEt my hand
and the 5,al oi said CO:Jri al Carlisle, Pa.
T': ..:l5V- ~ 'I <'>
n.s.."'",..... ~ay oL.. .M....., 19...1.."
~ -'
. ;1:;:...u...L...~f.:..........._..
1:-' 'l\..q- ProthOnotary
HOWAlD G. orrJIIQU., oll., } IN THIl COUa,. OF COtVION
l'ldlltitt ) PLIla or CU!l)RIlT.Ul)
) COUlftY, .IIIIIIYLVUU
VI. )
II I MO. 15.6 CIVIL 1993
. UIIIlCCA J. ZOTYlIll, )
Defa4ut ) CUSTOM
twm_
,.,.,do.
IIID MOIl I W. .:J ~ by ot
~
. 1993, vpOIl receipt of the
cOllciliator'. report, it appearill' tbat the partie. bave 'ffel4 UPOIl the teras of thi.
order which v,. 4ictatld 11l thlir pre.ellce and approvea by the. and their
ooUDall, VI hlrlby order a. tOllow.:
1. Primar, phyl1cal eIl.tady of the a1l\0r child, IIoYI.rt G. Offlnger, 110m lup.t
18. 1992. i. hlrlby IWlrded to hi. .other, the DeteD4allt, Rebecc, ol. Iotyail.
2. 'rhl fltblr of thl child, the PlliDtiff, Hov,r4 G. OffeD'lr, Jr., .ball blVI
IIl4 elljoy thl tollowillg perio4l of te.,or,ry cu.tody of the child:
IIJ~EUIJ/) s:aDr1\
1. Ivery other Iv".,_ 11- A~ll' '1.1"".--111. ,- . H, 1011. froll....
~I DftolI ,tilJIIMt/
..... WitH 8:00 p... 'rile tither wlll bl r..polll11111 to piCk up thl ahUd aa4
rltum thl chi14 to thl acthlr'. re.i41llCI at thoel t1... OIl every
~.I!Ii!~llA .
altlrllltill' I__!~~.
fJPWJTE. nIB fJMUm
B. Tullda,. alld Thur.daYI, ill a1tlmatill' veeu, __ ---~..1I.... "'lItlr,
'IJSfntiltJAI 5:." 9:,,0 P, (If
, ~. 8P. 'QQ~ froa~ p.m. UDtil approxi..tlly 11.1' p.m. The father
.hal1 ba re,poll.ib1e to piCk up the child at the lather'. re.itlllcl OIl hil
,.ay homl from work at approXi.atelY~ p... aDd tb& .other .hall be
9:00 p.1Y/
rllpollBible to ..et thl father at ber apartalnt at "proxi..tl1y 11.88 p...
1
ott.nger v.. Zotyuia
lS'6 Civil 1'93
e. .~9.A avafti~. ."'f hlr ratnr. ff.. Yal~. Ia .~. ..~t that ~& a'~Ir
......., ..., ..tt ..n:f I'\. 10.00 P."; "" ..... utllt'" d 1;~'" ~"414.. it f. Jler
..
.......i~i1i'y ,. 'Jr.~. 'e k.v. . ~~.i't.r "AAant at ~A~ .,-r.-... or ~o
coat..t Lb, Jlfhlr au6 ~Cl, ~tt.. 4rrla'I"'" ... t~ .~u.a gf ~ ~14.
I''''. _.~.
_~ .,..""" i'il.,llyaJ .. a v.itre'l &D4 it il ..t1C1PI~.Q ,h, W~ .. kl.' ~_
1'Id
1 ..~_.. .. u'" IVtll'". v~.... tv htll" k.. ,: UHf) <<U"HY h" w.
~"'"~1.. '~r' .~I.I r.l~ b. a ~..4 ~r ailor fle1l"ilitr lu .4_. b.O.... at
!oAr ~p~ .~"...l.. tc 4L. axtant ~..i~ll. .)e ....~.r viII .1' .~t tbl 'h~14
." ~At I' tt- wltt4.z wV'AtbVI h. l.. ta~~II'.~ ...,..! tf ..~- ~l' t~t .~ll
kacp .". ~hil4 qp I~til .h. ,hil' 11 Jt~.ra'. ,. .,. rrt""'r It t~ .n~ t' tk.
.
.e.ai...
C. The father will ha,,' telllPorary cUltody 011 the tollow1119 holideYI OIl
an .lterDAting ba.i. tr~ 9100 a.m. UAt1l 8:00 p...1 Ba.ter 8ullday; MelDr1al
Da" JUly 6th: Lal>or Day; aud Thuklglv1l1g. The period of tHporary cu.to4y
w11l tall on the day reoopj,zed by the COII\IOnvea1th ot 'ellA'flvellia II the
official holiday for Itat. employ.... On the holiday. OD vhich tbe tltblr
doa. Dot haye t.mporary cUltody, the .other .hall have au.tody that d.y aDd
tha holiday .chedule .hall pr.vail ov.r the alt.rDatin, vI.keDd. ID4 welkday
avanin,' lat forth abovl. The tath.r'. fir.t holiday vitb tb. obild vill be
Labor Day, 1993.
.'
D. Notwitb.tandlng allY othar provleiau of tbi. order, thl f.tber Ihall
have tamporary cu.tody ot the child in 04d-IIu.b.red year. from 110011 011 the
24th of D.ceaber UDtil DOOII 011 tha 25th of Deeeaber au4 tbe .other ahall have
cu,todY from DOOD OD the 25th of December uatil DOOn 011 tbe 26th ot Uleeaber.
2
.
OftlDVlr VI. ZOtynl.
1546 CivU 1993
of
III Iven-Dumbered Y"'I.'I, the aother lhell haVI all.tady of the child frOll 1I.00D
em the 24th of Dee_II' utll lI.Oau em the 35th ot l)eaeUer au tht t.ther
1ha11 ba.e tnpOtary Ollltody tl'Oll 11.00II. OIL the 25th of Deo_1t UIltll IIOOIl OIl
the 26th of Deelllblr.
.
E. llotwithttu41JalJ thl other proYblou of ~. or4er, till father Rall
baYt t..,orary cultody ot tbl chi14 I'try rathtr'l Day trOll 1:00 .... URtl1
1100 p... u4 t!le aothlr Ihall ba., aultody of the chi.14 t.try Kot!ltr'. Diy
without iJaterruptlon. lhould 'athar'. DIY IA4 Mother'. >>ay con%llot wlth the
othlr ptovl11oua of thl1 or4er .0 that the tatber 10"1 I 8ua4ay he 1.
Iche4ule4 to haVI thl ob.11d, III w111 .akl up tat tl.. thl alxt lUll.day uel
the teat of thl orellr w111 COlltiuul Y1thout 1lO41f1oatlO11..
3. VI .akl DO lelle4ul1 at tbl prel.nt tl.. tor '~r 01' otlltr vacation ptrlodl
beeau.I of the youth of the chUd. We utlcipate that the puti.. wl11 bl "Ie to
a,rel U)OlI. that in the tuture but, if they art DOt, VI .,111 IIIItI IlL appropriate oral'
_011 thl requllt ot litller party.
By thl Court,
,,,, '~w... a... ;.t.. i.-
iJ.
iJobJa K. Gllce, !Iquiri
lttoralY for Pl.llltiff
JOin Carey, alquirl
lttorulY for Dlfendant
TRUE COpy FROM RECORD
In r..t:rnon'{ whfr~cf. I herl, II;Hr ~.t my hind
Ind the ...1 of Hid COlIn It CorUsl<l, Pa.
Th" ...P.l..j.~ ci.'y Of....~"., 19.9.~.
.__.....h~....t:I::......"!;.tlAAN...._._
.eft} . Prothonotary
Ila
3
. .
. .
Txhi6it "'B"
. .
HOWARD G. OFFENGER,
Plaintiff
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYL VANIA
v.
REBECCA J. ZOTYNIA ,
(Now Kuhns), Defendant
No. 1546 CIVIL 1993
CIVIL ACTION- CUSTODY
ORDER of COURT
AND NOW, this 27+"1 day of f)c:ro6c.,e. ,2000, upon due
consideration of the attached Complaint in Custody, it is hereby ORDERED and
DECREED that the parties and their respective counsel appear before !TIC;'/ 554. P. C; ~t:~ \/'1 / FS~.
, Esquire, the Conciliator, at the LI ~ ~/J#n Ifllf ' . on the SVI TC 10')
z.. 9 f'>\ day of 1/00/<& rt1 f'>{ K. ,2000 at 3.', ~ d , E-m, for a C,4f17fJ!fIL <-
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. All children age five (5) or
older shall be present at the conference. Failure to appear at the conference may provide
grounds for a temporary or permanent order.
FOR THE COURT:
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER 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 COURT ADMINISTRATOR'S OFFICE
Fourth Floor, Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
(7 I 7) 240-6200
HOWARD G. OFFENGER,
Plaintiff
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
No.
REBECCA J. ZOTYNIA
(Now KUHNS), Defendant
CIVIL ACTION - CUSTODY
Complaint for Custody
AND NOW, comes HOWARD G. OFFENGER, Plaintiff above named, by and
through his attorney, John M. Glace, Esquire, and respectfully presents the below
Complaint for Custody, and, in support thereof, avers the following:
I. Plaintiff, HOWARD G. OFFENGER, is an adult individual, now manied since
entry of the Order arising from the above custody action, and now residing 215 North
Market Street. Mechanicsburg, PA with his wife. This residence is a three (3) bedroom
dwelling, owned by Plaintiff and his wife. No one else resides in this residence.
2. Defendant is an adult individual, who has also manied since entry of the Order
relative to above custody action to Scott Kuhns and now residing 708 East Cocklin
Street, Mechanicsburg, P A Since her marriage Defendant and her husband have had
another child, a three (3) year old daughter.
3. The above parties are the biological parents of HOWARD G. OFFENGER, IV
(DOB: 8/18/92). Primary physical custody presently is with Defendant pursuant to Judge
Oler's April 18, 1996 Order which is attached hereto as Exhibit "A" and made part hereof
4. The above referenced Order was entered prior to the above described marriages
of each party and their relocation to the Borough of Mechanicsburg, P A.
5. Upon knowledge and belief, Defendant is separating from her husband and has
expressed her intention to move to her father's residence near Bangor, (Northhampton
County) PA. She had been estranged from her father for over thirty (30) years and only
became re-aquatinted with him in August, 2000.
6. Defendant has never held a full time job and her only work experience is as a
waitresslbarmaid.
7. Ifprimary custody were granted to Plaintiff, the minor child would continue in
the Mechanicsburg School system.
8. Defendant's relocation impetus, upon knowledge and belief is based on her
present marriage's tenuous state and is averred to be reactive and without appropriate or
necessary forethought.
9. For the past five (5) years the minor child has resided at the following
locations:
a 609 3rd Street, New Cumberland, PA; and
b. Enola, PA (at the residence of Scott Kuhns); and
c 323 South Washington Street, Mechanicsburg, PA; and
d. 708 East Cocklin Street, Mechanicsburg, P A
10. At all times during the minor child's life, Plaintiff has enjoyed liberal partial
custody, far in excess to the parameters provided in the attached Order .including
interaction with the minor child for school and many out-of-school activities.
11. Although, Defendant is unemployed, the minor child has been consistently
tardy or absent from school. It is reasonably believed that this situation will continue if the
Defendant relocates with the minor child. Plaintiff has often interceded with school the
minor child's school attendance difficulties, including but not limited to, taking the child to
school on a timely basis.
12. It is in the best interest for the minor child to have the minor child's primary
custody to be transferred to Plaintiff.
WHEREFORE, above Plaintiff Howard G. OfTenger, requests this Honorable
Court to grant him primary physical custody of Howard G. OfT enger, IV and that
shared legal custody be granted to both parents with liberal partial custody granted to
Defendant.
Respectfully Submitted,
THE LAW OFFICE of JOHN M. GLACE
/'1
CAY', /" .
\ V'\,
i ,
John M. Glace, Esquire
Supr~m~9J>>rt ill: 23933
l;{32-134 Walnut Street
Harrisburg, PA 17101-1612
(717) 238-5515
Attorney for Plaintiff
Exhibit "A"
HOWARD G. OFFENGER, JR., . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . 1546 CIVIL 1993
.
.
.
REBECCA J. ZOTYNIA, . CIVIL ACTION - LAW
.
Defendant . IN CUSTODY
.
IN RE: MODIFICATION OF COURT ORDER
ORDER OF COURT
_~~D NOW, t~is 19th day of April, 1996, upon
consideration of the Plaintiff's request for contempt and
modification and pursuant to an agreement reached in open court
between the Plaintiff, represented by John M. Glace, Esquire,
and the Defendant, representing herself, the request for
contempt is deemed withdrawn and the Order of Court dated June
22, 1993 is modifided to read as follows:
1. Primary physical custody of the parties' minor
child, Howard G. Offenger, IV, born August 18, 1992, is hereby
awarded to his mother Rebecca J. Zotynia.
2. The father of the child, the Plaintiff, Howard G.
Offenger, Jr., shall have and enjoy the following periods of
temporary custOdY ot the child:
a. Every other weekend commencing at 4:00 Friday
until 6:00 p.m. Sunday beginning April 26th, 1996, and following
in each succeeding alternate weekend thereafter. The father
shall be responsible to pick up the child and return the child
to the mother's residence at those times. This schedule is not
open to amendment except upon medical emergency of either
father, mother or the child.
b. The ~ather will have temporary custody on the
following holidays on an alternating basis from 9:00 a.m. until
8:00 p.m.: Easter sundaYi Memorial DaYi July 4th; Labor Day;
and Thanksgiving. The period of temporary custody will fall on
the day recognized by the Commonwealth of Pennsylvania as the
official holiday for state employees. On the holidays on which
the father does not have temporary custody, the mother shall
have custody that day and the holiday scheclal~ shall prevail
over the alternating weekends set forth above.
c. Notwithstanding any other provision of this
order, the father shall have temporary custody of the child in
odd-numbered years from noon on the 24th of December until noon
on the 25th of December and the mother shall have custody from
noon on the 25th of December until noon of the 26th of December.
In even-numbered years, the mother shall have custody of the
child from noon on the 24th of December until noon on the 25th
of December and the father shall have temporary custody from
noon on the 25th of December until noon on the 26th of December.
d. Nothwithstanding the other provisions of this
order, the father shall have temporary custody of the child
every Father's Day from 8:00 a.m. until 8:00 p.m. and the mother
shall have custody of the child every Mother's Day without
interruption. Should Father's Day and Mother's Day conflict
with the other provisions of this order so that the father loses
a sunday he is scheduled to have the child, he will make up that
time the next Sunday and the rest of the order will continue
without modification.
3. Each parent may have custody of the child for a
vacation period as long as reasonable notice is provided to the
other parent no later than three weeks before co~encement of
the vacation, and that notice would not be subject to amendment
unless there is a medical emergency involving either parent or
the child.
By the Court,
J/ /!!,,:~Q~ t. .
John M. Glace, Esquire
For the Plaintiff
Rebecca J. Zotynia, Pro Se
609 Third Street, 1st Floor
New cumberland, PA 17070
It
TRUE COpy FROM RECORD
In T'.:st;m~n,/ ...:hr~.:of. f ~l.rr: :mti'" ~€t my hand
and lhe 5&al of said (Ouri at Cdrli~ie, Pa.
T'; ":1~-vL ~"( '"
n.s..'i!',....... ~ay of..... . . ;l<<......, 19.L"
~ -'
~-_.~. . 'j....Li...,.....~...:................
f..-',I\..3' Prolhonolary
Txhi6it ccc"
HOWARD G. OFFENGER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 93-1546
REBECCA J. ZOTYNIA (KUHN),
Defendant
CIVIL ACTION - LAW
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 Child who is the subject of this litigation is
as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Howard G. Offenger, IV
August 18,1992
Mother
2. A Custody Conciliation Conference was held on November 29, 2000, with the
following persons in attendance: the Father, Howard G. Offenger, and his counsel, John M.
Glace, Esquire; the Mother, Rebecca J. Zotynia (Kuhn). Mother stated that she had obtained
counsel whom she identified as Mark Duffie, Esquire. However, Mr. Duffie did not attend the
Conciliation Conference, nor has the Conciliator been informed that Mr. Duffie has entered an
appearance in this matter.
3. Before the Court is a Complaint for Custody filed by Father. Father, in reality,
is seeking a modification of an existing Custody Order entered by this Court on April 18, 1996.
The parties were not able to reach a final agreement on Father's request for primary physical
custody of the minor Child. However, the parties did agree to an Interim Order, a Custody
Evaluation, and return to Conciliation prior to determining whether a hearing will be necessary
in this matter.
4. Father's position on custody is as follows: Father claims that he has had a very
active role in the life of his son. Up until the move, the parties had been living within just a few
miles of each other for a number of years. Father states that he and Mother frequently had an
informal arrangement wherein he could call and arrange to spend time with his son on a
frequent basis, in addition to the times provided in the present Order. However, sometime this
in September or October, 2000, Mother informed him of her contemplation of the move out of
the area with the minor Child. At that time he states that he does not believe that she would
,
actually move. However, without his consent she did withdraw the Child from school and
moved to Bangor, Northumberland County, Pennsylvania. As a result, Father is not able to
have as frequent contact with his son and he is now seeking primary custody of his son and to
No. 93-1546
have his son re-enrolled in the school which he had been attending up to this point. Father
has voiced concerns that Mother was quite secretive about the new address and telephone
number where she relocated. He is also concerned that during the time that Mother lived in
Mechanicsburg the Child was frequently tardy and absent from school. Father additionally
voiced concern that he recently received a telephone call from his son who was crying and in
pain because the Mother had twisted his arm in an effort to force him to sit down.
5. Mother's position on custody is as follows: Mother claims that she met on more
than one occasion with Father to explain to him her plans to move to Bangor as a result of the
estrangement from her present husband and her rekindling of a relationship with her father.
She states that she informed him of her intent to move approximately two months prior to
doing so and that she received reassurances from him that he would not object to the move as
long as he could continue to have periods of weekend custody with their son. Prior to the
move Mother has been a homemaker. She is now employed part-time at a florist shop
delivering and arranging flowers. She anticipates in coming weeks that her hours may be
increased to more nearly full-time hours. She states that the reason for her move was in part
difficulties she is having in her present marriage. She denies that there was any abuse or
danger that would make her leave the community or withdraw the Child from school. Mother
presently resides with both of her Children in Northampton County. She describes the benefit
of the move being that of having a greater distance between her son and the Plaintiff/Father.
She states that Father has been a great source of disappointment to the Child. She alleges
that he frequently disappoints the Child by failing to attend Cub Scout meetings, school
functions and by rearranging the times of custodial visits. She alleges that he frequently drinks
alcohol to excess. Mother states that prior to move the parties did not have a shared custodial
arrangement but rather an alternating weekend arrangement from Friday afternoon to Sunday
evening.
6. The parties agreed to a Custody Evaluation, to be performed by Stanley Schneider,
unless otherwise agreed. Following the Custody Evaluation the parties shall return for a
Custody Conciliation Conference prior to determining w r a hearing will be necessary in
this matter.
~ -//~
L/~-
:;?
Peel Greevy, Esquire
Custody Conciliator
Date
., .
Txhibit Cf1J"
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 93-1546
HOWARD G. OFFENGER,
/
Plaintiff
REBECCA J. ZOTYNIA (KUHN),
Defendant
CIVIL ACTION - LAW
CUSTODY
INTERIM ORDER OF COURT
AND NOW, this " (1, day of December, 2000, in consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
The prior Order of April 18, 1996, shall continue in full force and effect with the following
modifications: ~
1. The parties shall submit themselves and their minor Child to an independent
Custody Evaluation which, unless otherwise agreed, shall be performed by Dr. Stanley
Schneider of Guidance Associates. The parties shall share equally in the cost of this
Evaluation. The first contact with the Evaluator to begin the Evaluation process shall occur no
later than December 13, 2000. The parties shall sign all necessary releases and
authorizations for the Evaluator to obtain medical, psychological and educational information
pertaining to the parties and the Child.
2. Following the completion of a Custody Evaluation, the Custody Conciliation
Conference shall be reconvened after the receipt of the report to establish whether a hearing
shall be necessary or if the parties are then able to enter a modified custody agreement.
3. It shall be the responsibility of counsel for the Father to contact the conciliator to
schedule the Conciliation Conference following receipt of the report from the Evaluator.
BY THE COURT,
JJ~11tZ
Dis!: John M. Glace, 132-134 Walnut Street, Harrisburg, PA 17101-1612
Rebecca Kuhn, 615 Bangor Junction Road, Bangor, PA 18013
TRUE COPY FROM RECORO
tn Te;,'tfmony wl1eroof, ! hata U/lto Sfl~ (1"1 t:.s:.o
am,' tile $(",1 oi said C~1 't C".jld., ~
. . ~- . ~. ~"'..,..~ ._..
Thl~U,,}' o! ~ ~
.......Iru- c ~"'-' ~:
ProtlwnofarJ' .
.
, " .
Txhibit efT"
. ' ,
. ., .
. '
HOWARD G. OFFENGER,
Plaintiff
IN THE COURT of COMMON PLEAS of
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
No.: 93 - 1546
REBECCA J. ZOTYNIA
(KUHN) Defendant
ACTION IN CUSTODY
AMF.NDF.D CUSTODY AGRF.F.MF.NT
AND NOW this day of , 200_, the above parties seek to amend, by
mutual agreement, all earlier Agreements and Orders of Court as they relate to their
biological son HOWARD G. OFFENGER, IV, (DOB: August 18, 1992), by the below
revisions:
I. By Order of Court dated April 18, 1996, the Honorable J Wesley Oler, Jr.
established the terms and respective custody rights of the above parties: above child. Upon
the Petition of above Plaintiff, a modification of custody conciliation was held November
29, 2000 before Melissa Peel Greevey, Esquire and a new temporary agreement was
concluded and on December 6, 2000. the Honorable J Wesley Oler, Jr. issued an Interim
Order of Court herein attached as Exhibit A and made part hereof of this Amended
Agreement.
2. After the conciliation conference of November 29, 2000, both parties, in further
reflection of the circumstance delineated in the conciliator's summary and other
considerations have reached an Amended Agreement relative to the shared physical
custody of their above son as foIlows:
A The parties shall have shared legal custody; but for purposes of tax
dependency, the Father shall declare son his dependent. and
Page 1 of3
, ., .
, ' ,
B. Primary physical custody shall be with the Father for the school year
when the minor child shall be enrolled in Mechanicsburg school District ( or subsequent
school districts appropriate to Father's residence). Mother shall have partial custody on
alternate weekends from Friday at 6:00 PM to Sunday to 6:00 PM with transportation to
be mutually agreed upon at least 48 hours prior to custody transfer. This schedule shall be
subject to liberal mutually agreeable amendment due to the minor child's activities and
each parent's schedule. However, Mother shall have partial custody for at least five nights
per month during the school year; and
C. During the summer months, specifically at the conclusion of baseball
season for the minor child at his Father's residence, the minor child shall reside with his
Mother until one week before the commencement of the next school year. Father shall
have partial custody for alternate weekends from Friday 6:00 PM to Sunday 6:00 PM with
transportation to be mutually agreed upon at least 48 hours prior to custody transfer.
Additionally Father shall have custody during his one week summer vacation which is
traditionally the third week in July; and
D. All other aspects of the underlying Custody Order, as amended shall
remain binding
3. While the minor child is staying at either parent's house, that parent agrees not
to keep alcohol or any controlled substance in the house; and
4. Although the Father agrees to be the primary custodian of the minor child, he
agrees not to seek child support. Mother agrees that Father has had primary custody of the
above minor child since December II, 2000 and she agrees, by her below signature and
ratification of this Amended Custody Agreement to tenninate her Child Support benefit
and all arrearages arising after December 11,2000. Father agrees to pay all previous
arrearages. Father agrees to continue to provide medical insurance for the minor child.
5. Both parties agree and thereby request that this Amended Custody Agreement
be entered of record as an accurate reflection of their mutual accord and by the signatures
herebelow agree to legally bound. Furtlier both parties acknowledge receipt of a fully
executed copy of this Amended Agreemnt
Page 2 00
. ., .
Notary Public
My COmmission Expires
Notary Public
My COmmision Expires
. " .
(Seal)
(Seal)
Page 3 of3
Amended Custody Agreement
. . , .
Howard G. Off enger, III,
Plaintiff
Rebecca 1. Kuhn,
Defendant
. " .
. " .
. . ,
'Exhibit
fC~ "
. ... .
. . . ,
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 93-1546
CIVIL ACTION - LAW
CUSTODY
HOWARD G. OFFENGER,
Plaintiff
REBECCA J. ZOTYNIA (KUHN),
Defendant
INTERIM ORDER OF COURT
_iA-
. ' , .
. " .
. ' . ,
, .
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 93-1546
CIVIL ACTION - LAW
CUSTODY
HOWARD G. OFFENGER,
Plaintiff
REBECCA J. ZOTYNIA (KUHN).
Defendant
INTERIM ORDER OF COURT
AND NOW. this (., l~ day of December, 2000, in consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
The prior Order of April 18, 1996, shall continue in full force and effect with the following
modifications: '
1. The parties shall submit themselves and their minor Child to an independent
Custody Evaluation which, unless otherwise agreed, shall be performed by Dr. Stanley
Schneider of Guidance Associates. The parties shall share equally in the cost of this
Evaluation. The first contact with the Evaluator to begin the Evaluation process shall occur no
later than December 13, 2000. The parties shall sign all necessary releases and
authorizations for the Evaluator to obtain medical, psychological and educational information
pertaining to the parties and the Child.
2. Following the completion of a Custody Evaluation, the Custody Conciliation
Conference shall be reconvened after the receipt of the report to establish whether a hearing
shall be necessary or if the parties are then able to enter a modified custody agreement.
3. It shall be the responsibility of counsel for the Father to contact the conciliator to
schedule the Conciliation Conference following receipt of the report from the Evaluator.
BY THE COURT,
Ois!: John M. Glace, 132-134 Walnut Street, Harrisburg, PA 17101.1612
Rebecca Kuhn. 615 Bangor Junction Road, Bangor, PA 18013
TRUE C.opy FROM RECORD
In Testlmonywher~. I he" unto $1IJf my t:.'if/d
aM lhe $&al Qf said C~t~~~~ PI
Thm 7~- dJy ~ .~
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ProthOnofart
.
. ' , ,
. . . .
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 93-1546
HOWARD G. OFFENGER,
Plaintiff
REBECCA J. ZOTYNIA (KUHN),
Defendant
CIVIL ACTION - LAW
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 Child who is the subject Of this litigation is
as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Howard G. Offenger, IV
August 18, 1992
Mother
2. A Custody Conciliation Conference was held on November 29, 2000, with the
following persons in attendance: the Father, Howard G. Offenger, and his counsel, John M.
Glace, Esquire; the Mother, Rebecca J. Zotynia (Kuhn). Mother stated that she had obtained
counsel whom she identified as Mark Duffie, Esquire. However, Mr. Duffie did not attend the
Conciliation Conference, nor has the Conciliator been informed that Me Duffie has entered an
appearance in this matter.
3. Before the Court is a Complaint for Custody filed by Father. Father, in reality,
is seeking a modification of an existing Custody Order entered by this Court on April 18, 1996.
The parties were not able to reach a final agreement on Father's request for primary physical
custody of the minor Child. However, the parties did agree to an Interim Order, a Custody
Evaluation, and return to Conciliation prior to determining whether a hearing will be necessary
in this matter.
4. Father's position on custody is as follows: Father claims that he has had a very
active role in the life of his son. Up until the move, the parties had been living within just a few
miles of each other for a number of years. Father states that he and Mother frequently had an
informal arrangement wherein he could call and arrange to spend time with his son on a
frequent basis, in addition to the times provided in the present Order. However, sometime this
in September or October, 2000, Mother informed him of her contemplation of the move out of
the area with the minor Child. At that time he states that he does not believe that she would
actually move. However, without his consent she did withdraw the Child from school and
moved to Bangor, Northumberland County, Pennsylvania. As a result, Father is not able to
have as frequent contact with his son and he is now seeking primary custody of his son and to
. . - ,
No. 93-1546
have his son re-enrolled in the school which he had been attending up to this point. Father
has voiced concerns that Mother was quite secretive about the new address and telephone
number where she relocated. He is also concerned that during the time that Mother lived in
Mechanicsburg the Child was frequently tardy and absent from school. Father additionally
voiced concern that he recently received a telephone call from his son who was crying and in
pain because the Mother had twisted his arm in an effort to force him to sit down.
5. Mother's position on custody is as follows: Mother claims that she met on more
than one occasion with Father to explain to him her plans to move to Bangor as a result of the
estrangement from her present husband and her rekindling of a relationship with her father.
She states that she informed him of her intent to move approximately two months prior to
doing so and that she received reassurances from him that he would not object to the move as
long as he could continue to have periods of weekend custody with their son. Prior to the
move Mother has been a homemaker. She is now employed part-time at a florist shop
delivering and arranging flowers. She anticipates in coming weeks that her hours may be
increased to more nearly full-time hours. She states that the reason for her move was in part
difficulties she is having in her present marriage. She denies that there was any abuse or
danger that would make her leave the community or withdraw the Child from school. Mother
presently resides with both of her Children in Northampton County. She describes the benefit
of the move being that of having a greater distance between her son and the Plaintiff/Father.
She states that Father has been a great source of disappointment to the Child. She alleges
that he frequently disappoints the Child by failing to attend Cub Scout meetings, school
functions and by rearranging the times of custodial visits. She alleges that he frequently drinks
alcohol to excess. Mother states that prior to move the parties did not have a shared custodial
arrangement but rather an alternating weekend arrangement from Friday afternoon to Sunday
evening.
6. The parties agreed to a Custody Evaluation, to be performed by Stanley Schneider,
unless otherwise agreed. Following the Custody Evaluation the parties shall return for a
Custody Conciliation Conference prior to determining w r a hearing will be necessary in
this matter.
~-/~
L,~ - Peel {reevy, Esquire
Custody Conciliator
Date
, .
~ . . ..
. . . .
VERIFICATION
..~.............._.~---, -..- ...---..
This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904
relating to unsworn falsification to authorities.
of-ob-f)]
Date
~~~
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HAOW ARD G. OFFENGER, m., :
Plaintiff
IN THE COURT of COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
No. 93 - 1546
REBECCA J. ZOTYNIA
(Now KUHN), Defendant
CIVIL ACTION- CUSTODY
PETITION for SPECIAL RELIEF
ORDER of COURT
AND NOW, this l \ ~ day of :! 2nu v 1 ,2001, upon due
consideration of the attached Complaint in Custody, PEl1TH.YN for SPECIAL RELIEF,
it is hereby ORDERED and DECREED that the parties and their respective counsel
appear at Courtroom / . on the / ~ t.IL day of
'4/~J7h~ ,2001 at .3'. OD ,~m, for a hearing relative to
Plaintiff's above Petfttion.
ALSO, Defendant shall produce the minor child, Howard G. Off enger, IV at said
hearing. Failure to appear at the hearing may provide grounds for a temporary or
permanent order.
By:
(
V
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER 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.
.if
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t/o'\"$
BY THE COURT:
~
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,
CUMBERLAND COUNTY COURT ADMINISTRATOR'S OFFICE
4th FLOOR CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
SHERIFF'S RETURN - OUT OF COUNTY
.---J
CASE NO: 1993-01546 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
OFFENGER HOWARD G
VS
ZOTYNIA REBECCA J
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named RESPONDANT
, to wit:
ZOTYNIA REBECCA J
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of NORTHAMPTON
serve the within ORDER OF COURT/PETITION
County, Pennsylvania, to
On February 8th, 2001 , this office was in receipt of the
attached return from NORTHAMPTON
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Northampton
18.00
9.00
10.00
52.00
.00
89.00
02/08/2001
HOWARD G. OFFENGER,
So ans~ ~_>/ ./~~
/~~~
R. Thomas Kline
Sheriff of Cumberland County
III
Sworn and subscribed to before me
this /d. ~ day 0ii.....6..u...;
Aw, A.D.
n. '-'- (j Ih..ui.. ~.
'-~ prothonotaiy
. In The Court of Common Pleas Qf Cumberland County, Penn.sylvania
.
Howard G. Offenger. III
VS.
Rebecca J. Zotynia, (now Kuhn)
No. 93-1546 Civil
Now,
1/25/01
, 20 (I C , I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of Northampton
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
. ~~~~
Sheriff of Cumberland County, FA
Affidavit of Service
Now,-JflIVU~Ry 30
within ~p/"f;/liJ kp J;ei<"n/ IJtr!
upon ~UCCA- ku).//v
at ~/-S- &A./&c..e JZvr...ho,v 12./..
by handing to IlntkC'CA- KC/ /-I tf
, 20QL, at 1.500 o'clock P M. served the
8'1/./ Ci7 CW
PAr.)
a CJ t:(i AJ(<,( IJ c. ( .
and made Imown to Reb€CCIf-
-.
copy of the original p/'oceS5
t:.. u10)
tbe contents thereof.
NOTARIAL SEAL
. Francis J. Kamn, NoQr)' Public
~1laDIJ\II Twp., 1lalIIa.,.. CounlY
My CommiAionl!1cpi... Mal' IS. 2~
So answers,
Sworn and s~scribed before
me this 3/5 day of J;j"UPrIl,/, 20ll
4~ I- j{~~
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
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$
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 93-1546
CIVIL ACTION - LAW
HOWARD G. OFFENGER, II,
Plaintiff
REBECCA J. ZOTYNIA
(NOW KUHN) ,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this 22nd day of August, 2001, upon
consideration of Defendant's Petition for Special Relief with
respect to the parties' child and following a hearing, the record
is declared closed and the matter is taken under advisement.
By the Court,
(kf::Rf?/(
John M. Glace, Esquire
132 Walnut Street
Harrisburg, PA 17101
For the Plaintiff
Joan Carey, Esquire
Mid-Penn Services, Inc.
8 Irvine Row
Carlisle, PA 17013
For the Defendant
~...........,','"
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pcb
HOWARD G. OFFENGER, III,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
REBECCA J. ZOTYNIA, (now Kuhn):
Defendant 93-1546 CIVIL TERM
ORDER OF COURT
AND NOW, this 16th day of February, 2001, upon
consideration of the motion for special relief filed by the
Plaintiff, Howard G. Offenger, III, and pursuant to the relation
of the parties' counsel in open court, John M. Glace, Esquire, on
behalf of the Plaintiff and Joan Carey, Esquire, on behalf of the
Defendant, that the parties are in the process of formalizing an
agreement in the matter and will submit a proposed order for the
Court's signature, the hearing is continued generally.
By the Court,
It
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John Glace, Esquire
For the Plaintiff
Joan Carey, Esquire
For the Defendant
',;
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HOWARD G. OFFENGER, III.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
v.
No. 93-1546
REBECCA J. ZOTYNIA
(Now Kuhn), Defendant
CIVIL ACTION-LAW
CUSTODY
TEMPORARY CUSTODY ORDER
AND NOW, this 1 ~ay of March, 2001, upon consideration of the parties' consent,
the following Order is entered with regard to custody of the parties' child, Howard G. Offenger,
IV, born August 18, 1992:
I. The plaintiff, hereinafter referred to as the father, and the defendant, hereinafter
referred to as the mother, shall share legal custody of the child. Each parent shall have an equal
right, to be exercised jointly with the other parent, to make all major non-emergency decisions
affecting the child's general well-being, including, but not limited to, all decisions regarding the
child's health, education, and religion. Each parent shall be entitled to all records and
information pertaining to the child, including, but not limited to, medical, dental, religious, or
school records, the residence address of the child and of the otrher parent. To the extent one
parent has possession of any such records or information, theat parent shall be required to share
the same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
2. The father shall have primary physical custody of the child for the 2000-2001 school
year when the minor child shall be enrolled in Mechanicsburg School District.
3. The mother shall have partial custody of the child according to the following schedule:
-~
a. Every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.,
starting Friday, March 2, 2001. Should the mother's period of custody fall on a
weekend during which the child has a school holiday, the mother's period of
custody shall include the child's school holiday beginning 6:00 p.m. on the
evening before the school holiday and ending at 6:00 p.m. on the last day of the
holiday.
b. At least five additional nights and/or overnights per month during the school
year, and if these periods of custody are overnight periods during the week while
the mother is in Carlisle, she shall take the child to school the next morning.
c. Other times mutually agreed upon by the mother and father consistent with the
minor child's activities and each parent's schedule.
4. The father and mother shall alternate Christmas Eve and Christmas Day each year,
with one parent having the child on Christmas Eve until Christmas Day at noon and the other
parent having the child from Christmas Day at noon until December 26"' at 8:00 p.m. The father
shall have the child on Christmas Eve until Christmas Day during even years, and the mother
shall have the child from Christmas Eve until Christmas Day during odd years. Additionally, the
mother and father shall each have custody for one-half of the child's Christmas holiday from
school at times to be mutually agreed upon by the mother and father.
5. The father shall have custody of the child on Father's Day. The mother shall have
custody on Mother's Day.
6. The mother and father shall alternate the following holidays: Easter, Memorial Day,
the Fourth of July, Labor Day, and Thanksgiving, with the mother beginning the cycle Easter
200 I. Unless otherwise agreed by the parties, the hours shall be from 6:00 p.m. the night before
the holiday until 6:00 p.m. the night of the holiday, except that if Mother's alternating weekend
immediately follows her Thanksgiving holiday in odd years, Mother shall have the minor child
from 6:00 p.m. on Wednesday until 6:00 p.m. on Sunday.
7. Additionally, the father and mother shall each have custody for one-half of the child's
Spring Break holiday from school at times to be mutually agreed upon by the mother and father.
8. The mother and father shall both have the opportunity to see the minor child on his
birthday, with the specific times to be agreed upon between them.
9. The parents shall share the child's summer vacation from school. The father shall
have primary custody during the first half of the summer. The father shall additionally have one
week with the child during the second half of the summer, with notice given to the mother at
least 30 days in advance. The mother shall have primary custody of the child during the second
half of the summer. The mother shall additionally have one week during the first half of the
summer, with notice given to the father at least 30 days in advance. During the summer period
the mother or father does not have the child in hislher primary custody, that parent shall have the
minor child on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m.
10. The mother and father, by mutual agreement, may vary from this schedule at any
time.
II. Unless otherwise agreed by the parties, the mother and father shall share
transportation for the periods of custody transfer as follows:
a. One weekend each month the mother shall be responsible to pick the child up
on Friday to begin her alternate weekend period of custody, and the father shall be
responsible to get the child at the end of the mother's period of custody. The
mother and father shall coordinate this transportation schedule such that the
Friday of the week the mother provides the transportation is a day when the father
is scheduled to work at least during the hours of2:30 p.m. and 10:30 p.m. To
facilitate these transportation arrangements, the father shall inform the mother of
his work schedule as soon as he gets it, and the mother has the right to request a
copy of the schedule from the father's employer
b. At times other than those addressed in paragraphs I I (a) and ll(c) of this order,
the father shall be responsible for transporting the child to the mother for her
periods of custody, and the mother shall be responsible for returning the child at
the end of her period of custody.
c. The mother shall be responsible for transportation to and from her additional
periods of custody granted pursuant to paragraph 3 (b) of this Order.
12. The parents shall notify each other of all medical care the child receives while in that
parent's care. Each parent shall notify the other immediately of medical emergencies which arise
while the child is in that parent's care.
13. Neither parent shall consume alcohol or illegal drugs while that parent has custody of
the child.
14. Neither parent shall expose the child to pornography.
15. Both parents shall make the child available for reasonable phone contact with the
other parent.
16. The father shall insure that Steve Hockensmith does not share a bedroom with the
child.
17. The parents realize that their child's well being is paramount to any differences they
might have between themselves. Therefore, neither party shall do anything which may estrange
the child from the other parent, or injure the opinion of the child as to the other parent or which
may hamper the free and natural development of the child's love or respect for the other parent.
18. The father shall not file for child support for the remainder of the 2000-2001 school
year while the minor child is primarily residing with him, and the mother and father shall not file
for child support during the summer of2001 when the parties will be equally sharing custody of
the child. The father shall pay all arrearages which accrued before December I 1,2000, in a lump
payment to the mother upon temporary transfer of primary custody to father for the remainder of
the 2000-2001 school year.
19. The father shall provide medical insurance for the minor child for so long as it is
available to him through his employer.
20. When necessary, the mother and father may communicate information regarding the
child through the grandparents, Barbara and Richard Klingensmith.
21. In the event that the parents are unable to reach agreement regarding custody for the
200 I -2002 school year, they agree to attend a Custody Conciliation Conference which shall be
scheduled for August 200 I.
Byth~Z:t. (~
esley Oler& L
,
Copl~ (Yif5cJnC)\JY fJ'.f.')
I -r: trlar!!
6{nrAfTlo.,{ea by JcJl,l7
3" ?- 0 J
This Order is entered pursuant to the consent of Plaintiff and Defendant:
R~edli~
~(,/'~1c:lsff Olf~~ 7.// ~
Howard G. Offeng~~ntirf
Q- /~
~~ ~ttorney ~fendant
MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17013
John Glace, Attorney for Plaintiff
132-134 Walnut Street
Harrisburg, PA 17101
Mar-07-01 01:33P J h M '. .
FILE No.702 (B/\)b 'Vl l.).'?V n lV.i.....9.:!~~~?_~,~quire
(717) 238-6929
P.02
This OrdC'l" is enLered plll1lUant to the conl;ent of PIllintiff IIIld Defendant:
-f/j~efti I~ t:ltt
Rebecca J. KUh~fcndllnl
c:::;s&t."~fc-M(j}J~..hA~A 111/-:'
Howeml G. Offeng~~t~
/~
12 J _.,.JlAvu..., Y
~I/"e)" AtlOmoy fir Defendant
Midpenn Legal Services
8 Irvine Row
Carlisle. PA 17013
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HOWARD G. OFFENGER, III.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
v.
No. 93-1546
REBECCA J. ZOTYNIA
(Now KUHN), Defendant
CIVIL ACTION-LAW
CUSTODY
PETITION FOR SPECIAL RELIEF
Defendant, Rebecca Kuhn, states the following in support of her Petition for Special
Relief and for a hearing on Relocation:
1. Defendant/Petitioner, Rebecca Kuhn, hereinafter referred to as the mother, currently
resides at 57 Hamilton Ave., Norwich, Connecticut.
2. Plaintiffi'Respondent, Howard Off enger, III, hereinafter referred to as the father,
currently resides at 215 North Market St., Mechanicsburg, Cumberland County,
Pennsylvania.
3. Howard G. Off enger, IV, born August 18, 1992, is the son of Plaintiff and Defendant.
4. A Temporary Custody Order was entered on March 7, 2001, by agreement of the
mother and the father. See Order attached and incorporated herein by reference.
5. The Temporary Custody Order of March 7, 2001, did not specifically address
whether the mother or the father would have custody for the upcoming school year
and which school the child would attend in the 2001-2002 school year. If the parties
could not agree on these matters, Paragraph 21 of the Temporary Custody Order
provided for a Conciliation Conference that has been scheduled for August 20, 2001,
before Melissa Greevy, Custody Conciliator.
6. The mother feels it is in the child's best interest to be returned to her primary custody
for reasons including, but not limited to, the following:
a. The mother had been the child's primary caregiver prior to the Temporary
Custody Order of March 7, 2001, when she agreed that the child reside
temporarily with the father until she resolved issues including the following:
the sudden death of her sister, physical abuse by her husband, financial
struggles regarding marital property, and struggles with the father regarding
his taking advantage of her temporary vulnerability after he had initially
consented to and agreed that separation from her husband and relocation out
of Cumberland County was in the children's best interest.
b. In early June 2001 the mother moved to Connecticut where she currently
resides with her eleven (11) year old nephew, Christopher Zotynia, the son of
her sister who died suddenly, Christopher's biological father, Michael
Mildrum, and her four (4) year old daughter, Nova Kuhn.
c. The mother's move to Connecticut was precipitated by the following events:
1. Mother's need for housing because of a financial crisis caused, in part,
by her husband's non-payment of court ordered money that was to be
used for her housing in Bangor, Pennsylvania, and
2. Mother's nephew's need for care and the availability oflong- term
housing at his father's four bedroom home in Connecticut.
d. The child has resided with his mother, sister, cousin, and uncle in Connecticut
since mid-July, and he has made friends in the neighborhood including his
teammates in the football league he joined the first week of August.
e. The mother, who works in the home as a homemaker, is available to provide
consistent care for all of the children.
f. The child could attend school a few blocks from his residence and the mother
is available to work with the child and monitor his educational progress by
working with his teachers.
g. The child should not be separated from his sibling.
h. When the child has been with the father he spends much time with a child-
care provider even when the father is not working.
I. The father has not acted in the child's best interest in ways including, but not
limited to, abusing alcohol when the child is in his care, not supervising the
child satisfactorily, and not facilitating the mother's contact with the child
when the child was temporarily in his care including refusing to abide by the
court order in sharing in the transportation.
7. The child who has resided with the mother since mid-July, 2001, and she feels that a
permanent relocation to Connecticut will be in his best interest and that her life and
that of her child will be substantially improved for reasons including, but not limited
to, those delineated in paragraph six (6) above.
8. The mother requests a hearing to determine whether she may retain custody of the
child so he can begin the 2001-2002 school year in Connecticut, and she further
requests that she be granted primary physical custody of the child and leave to
relocate with the child to Connecticut for reasons including, but not limited to those
delineated in this petition.
9. John Glace, attorney for the father, has been notified of the filing of this petition and
he does not concur with the relief requested, but he agrees that the matter be
scheduled for an emergency hearing.
WHEREFORE, DefendantlPetitioner requests a hearing regarding keeping the child in the
mother's custody so the child can begin school in Connecticut, and granting her primary
custody of the child and leave to relocate with the child to Connecticut.
Respectfully submitted,
"
~
. Joan Carey
Attorney for Defendan etitioner
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
I, Joan Carey, Attorney at Law, Legal Services, Inc., verify that the statements contained
in the above Petition are true and correct to the best of my knowledge. The information is
based on several conversations with Defendant/Petitioner, Rebecca Kuhn. This verification is
made pursuant to Rule 1024 (c)(2) ofthe Pennsylvania Rules of Court since Petitioner is out of
Cumberland County and her verification cannot be obtained in a timely manner. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S.~4904,
relating to unsworn falsification to authorities.
Dol"', sii" I ~iP:::.:,;, .dmUP......u
MIDPENN LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
HOWARD G. OFFENGER, III.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYL VANIA
V
REBECCA J. ZOTYNIA
(Now KUHN), Defendant
No. 93-1546
CIVIL ACTION-LAW
CUSTODY
ORDER OF COURT
AND NOW, this J '7~ay of August, upon consideration of the Petition for Special
Relief filed by Defendant, Rebecca Kuhn, a hearing on the matter is scheduled for
Wednesday, August 22,2001, at 9:30 a.m. in Courtroom No.1 of the Cumberland County
Courthouse.
By the Court,
Joan Carey
Attorney for DefendantlPetitioner
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, P A 17013
PW.~e ~
a-h ~uL & 17o(
John Glace
Attorney for Plaintiffi'Respondenj
132-134 Walnut Street ~ f2p).
Harrisburg, P A 1710 1 ~
8-/7-0/
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HOWARD G. OFFENGER, IIl.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF .
CUMBERLAND COUNTY PENNSYLVANIA
v.
No. 93-1546
REBECCA J. ZOTYNIA
(Now Kuhn), Defendant
CIVIL ACTION-LAW
CUSTODY
TEMPORARY CUSTODY ORDER
AND NOW, this 7-1 l. day of March, 2001, upon consideration of the parties' consent,
the following Order is entered with regard to custody of the parties' child, Howard G. Off enger,
IV, born August 18, 1992:
1. The plaintiff, hereinafter referred to as the father, and the defendant, hereinafter
referred to as the mother, shall share legal custody of the child. Each parent shall have an equal
right, to be exercised jointly with the other parent, to make all major non-emergency decisions
affecting the child's general well-being, including, but not limited to, all decisions regarding the
child's health, education, and religion. Each parent shall be entitled to all records and
information pertaining to the child, including, but not limited to, medical, dental, religious, or
school records, the residence address of the child and of the otrher parent. To the extent one
parent has possession of any such records or information, theat parent shall be required to share
the same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
2. The father shall have primary physical custody of the child for the 2000-2001 school
year when the minor child shall be enrolled in Mechanicsburg School District.
3. The mother shall have partial custody of the child according to the following schedule:
a. Every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.,
starting Friday, March 2, 2001. Should the mother's period of custody fall on a
weekend during which the child has a school holiday, the mother's period of
custody shall include the child's school holiday beginning 6:00 p.m. on the
evening before the school holiday and ending at 6:00 p.m. on the last day of the
holiday.
b. At least five additional nights and/or overnights per month during the school
year, and if these periods of custody are overnight periods during the week while
the mother is in Carlisle, she shall take the child to school the next morning.
c. Other times mutually agreed upon by the mother and father consistent with the
minor child's activities and each parent's schedule.
4. The father and mother shall alternate Christmas Eve and Christmas Day each year,
with one parent having the child on Christmas Eve until Christmas Day at noon and the other
parent having the child from Christmas Day at noon until December 26th at 8:00 p.m. The father
shall have the child on Christmas Eve until Christmas Day during even years, and the mother
shall have the child from Christmas Eve until Christmas Day during odd years. Additionally, the
mother and father shall each have custody for one-half of the child's Christmas holiday from
school at times to be mutually agreed upon by the mother and father.
5. The father shall have custody of the child on Father's Day. The mother shall have
custody on Mother's Day.
6. The mother and father shall alternate the following holidays: Easter, Memorial Day,
the Fourth of July, Labor Day, and Thanksgiving, with the mother beginning the cycle Easter
2001. Unless otherwise agreed by the parties, the hours shall be from 6:00 p.m. the night before
the holiday until 6:00 p.m. the night of the holiday, except that if Mother's alternating weekend
immediately follows her Thanksgiving holiday in odd years, Mother shall have the minor child
from 6:00 p.m. on Wednesday until 6:00 p.m. on Sunday.
7. Additionally, the father and mother shall each have custody for one-half of the child's
Spring Break holiday from school at times to be mutually agreed upon by the mother and father.
8. The mother and father shall both have the opportunity to see the minor child on his
birthday, with the specific times to be agreed upon between them.
9. The parents shall share the child's summer vacation from school. The father shall
have primary custody during the first half of the summer. The father shall additionally have one
week with the child during the second half of the sUmmer, with notice' given to the mother at
least 30 days in advance. The mother shall have primary custody of the child during the second
half of the summer. The mother shall additionally have one week during the first half of the
summer, with notice given to the father at least 30 days in advance. During the summer period
the mother or father does not have the child in his/her primary custody, that parent shall have the
minor child on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m.
10. The mother and father, by mutual agreement, may vary from this schedule at any
time.
11. Unless otherwise agreed by the parties, the mother and father shall share
transportation for the periods of custody transfer as follows:
a. One weekend each month the mother shall be responsible to pick the child up
on Friday to begin her alternate weekend period of custody, and the father shall be
responsible to get the child at the end of the mother's period of custody. The
mother and father shall coordinate this transportation schedule such that the
Friday ofthe week the mother provides the transportation is a day when the father
is scheduled to work at least during the hours of2:30 p.m. and 10:30 p.m. To
facilitate these transportation arrangements, the father shall inform the mother of
his work schedule as soon as he gets it, and the mother has the right to request a
copy of the schedule from the father's employer
b. At times other than those addressed in paragraphs 11(a) and 11(c) of this order,
the father shall be responsible for transporting the child to the mother for her
periods of custody, and the mother shall be responsible for returning the child at
the end of her period of custody.
c. The mother shall be responsible for transportation to and from her additional
periods of custody granted pursuant to paragraph 3 (b) of this Order.
12. The parents shall notify each other of all medical care the child receives while in that
parent's care. Each parent shall notify the other immediately of medical emergencies which arise
while the child is in that parent's care.
13. Neither parent shall consume alcohol or illegal dmgs while that parent has custody of
the child.
14. Neither parent shall expose the child to pornography.
15. Both parents shall make the child available for reasonable phone contact with the
other parent.
16. The father shall insure that Steve Hockensmith does not share a bedroom with the
child.
17. The parents realize that their child's well being is paramount to any differences they
might have between themselves. Therefore, neither party shall do anything which may estrange
the child from the other parent, or injure the opinion of the child as to the other parent or which
may hamper the free and natural development of the child's love or respect for the other parent.
18. The father shall not file for child support for the remainder of the 2000-2001 school
year while the minor child is primarily residing with him, and the mother and father shall not file
for child support during the summer of 200 I when the parties will be equally sharing custody of
the child. The father shall pay all arrearages which accrued before December 11, 2000, in a lump
payment to the mother upon temporary transfer of primary custody to father for the remainder of
the 2000-2001 school year.
19. The father shall provide medical insurance for the minor child for so long as it is
available to him through his employer.
20. When necessary, the mother and father may communicate information regarding the
child through the grandparents, Barbara and Richard Klingensmith.
21. In the event that the parents are unable to reach agreement regarding custody for the
2001-2002 school year, they agree to attend a Custody Conciliation Conference which shall be
scheduled for August 200 I.
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J. ~sleY Oler, Jr.
This Order is entered pursuant to the consent of Plaintiff and Defendant:
IJWMe~
Rebecca J. KU~~fendant
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Howard G. Offeng , II, ~rf
Q~7J~~Y
LZa~ Carey, Attorney tfIr Defendant
MidPelill Legal Services
8 Irvine Row
Carlisle, PA 17013
John Glace, Attorney for Plaintiff
132-134 Walnut Street
Harrisburg, PA 17101
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FILE No.702 ();:jr"lJt> 'ur 1".?V n 1~'L....9.]~5~7._~.~qu;re
(717) 238-'6929'
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Rebecca J. KUh~fcndant HowlU"d a. Offens~~ntitl'
12 - _...,J~~~y
~~urey, AtwmllY (Ir Defendanl
Midl'enn Legal Services
8 Irvine Row
Carlisle. PA 170lJ
HOWARD G. OFFENGER, III,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 93-1546
CIVIL TERM
REBECCA J. ZOTYNIA
(NOW KUHN), Defendant
: CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Please allow Rebecca Kuhn, DefendantlPetitioner, to proceed in forma pauperis.
I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that 1 believe
the party is unable to pay the costs and that I am providing free legal service to the party.
~
Attorney for Defendant
MlDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, P A 17013
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~-bcLi
HOWARD OFFENGER, 1I1
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION-LAW
: CUSTODY
REBECCA J. ZOTNYIA,
Defendant
: NO. 93-1546 CIVIL TERM
PRAECIPE TO WITHDRAW AND ENTER APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
PLEASE withdraw the appearance of Mid Penn Legal Services as attorney of
record for the Defendant, Rebecca J. Zotnyia, in the above captioned matter.
Dated: &. /7-. Ul/
PLEASE enter the appearance of the Family Law Clinic as attorney of record on
behalf of the Defendant, Rebecca J. Zotnyia, in the above captioned matter.
Respectfully submitted by:
/laJA(7~
Ja:;;tC. Evans
Certified Legal Intern , () J
'a..P ~ f...A")&Y(5'--
ROBER rNj,u v-
THOMAS . PLACE
LUCY JOHNSTON. WALSH
ANNE MACDONALD-FOX
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
717-243.2968
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NOV 82004
IN THE COURT COMMON PLEAS OF
CUMBERLAND C UNTY, PENNSYLVANIA
NO. 93-1546 CIVIL TERM
HOWARD OFFENGER, III,
v.
CIVIL ACTION - LAW
REBECCA J. ZOTNYIA,
IN CUSTODY
Defendant
HESS, J. ---
TEMPORARY ORDER OF COURT
AND NOW, this I v' day of November, 2004, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. This Court's Order of September 1, 2004 is VACATED.
2. LeQal Custody. The parties, Howard Offenger, III and Rebecca J. Zotnyia,
shall have shared legal custody of the minor child, Howard G. Offenger, IV, born August 18;
1992. Each parent shall have an equal right, to be exercised jointly with the other parent,
to make all major non-emergency decisions affecting the child's general well-being
including, but not limited to, all decisions regarding his health, education and religion.
Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and
information pertaining to the child including, but not limited to, medical, dental, religious or
school records, the residence address of the child and of the other parent. To the extent
one parent has possession of any such records or information, that parent shall be required
to share the same, or copies thereof, with the other parent within such reasonable time as to
make the records and information of reasonable use to the other parent.
3.
follows:
Physical Custody. The parties will share physical custody of the child as
A. Effective November 3, 2004 when Mother will have custody of
the child, the parties will have a week-on/week-off custodial arrangement.
Thereafter, the day for custodial exchange will be on Mondays when the child
returns to school or summer daycare. Therefore, the custodial time of the
relinquishing parent will end on Monday mornings. The custodial time of the
receiving parent commences at the commencement of the school or daycare
day.
B. On those days when Father is working during shifts such as 2:00
p.m. to 10:00 p.m. or 3:00 p.m. to 11 :00 p.m., or away from home overnight,
Father will first contact Mother so that the child will be in her custody while
Father is away for work. For example, if Father is working from 3:00 p.m. to
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NO. 93-1546 CIVIL TERM
11 :00 p.m., Mother will be notified at Father's earliest opportunity and Mother
will pickup the child after work and will maintain custody of the child until he
returns to school the next day. Father is entitled to makeup time during
Mother's next custodial week for those days when Mother has custody of the
child during Father's week due to his work schedule. The intent of this
custodial arrangement is to allow the parties to share custody of the child
equally and to maximize the child's periods of custody with Father during his
non-work days.
4. Transportation. The parent relinquishing custody on Monday morning shall
provide transportation incident to that custodial exchange. The parent receiving custody on
Monday after school or daycare shall provide transportation incident to that custodial
exchange.
5. This Order is entered upon the parties' agreement that Father would provide
timely notice of his work assignments so that Mother may exercise her "first right of refusal"
during his work hours. The agreement is premised on the theory that it is better for the child
to be with another parent than a third party caregiver in the event that a parent is not
available during their period of custody.
6. The parties will participate in therapeutic co-parent counseling to address how
they can best support and parent the child from separate residences. They will initiate
telephone calls to arrange for these services no later than November 5, 2004.
Unreimbursed costs of these services shall be shared by the parties, 67% by Father and
33% by Mother.
7. For a period of twelve hours before, and continuing throughout any period of
partial custody with the minor child, the parties shall consume no alcoholic beverages nor
possess or use controlled substances whatsoever. The parties shall likewise ensure, to the
extent possible, that the other household members and/or house guests comply with this
prohibition.
BY THE COURT:
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evin A. Hess, J.
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Dist: ~son C. Evans, CLI, Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013
JIlnne Macdonald-Fox, Esquire, Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013
~n M. Glace, Esquire, 132 Walnut Street, Harrisburg, PA 17101
~
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 93-1546 CIVIL TERM
HOWARD OFFENGER, III,
v.
CIVIL ACTION - LAW
REBECCA J. ZOTNYIA,
IN CUSTODY
Defendant
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 child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN THE CUSTODY OF
Howard G. Offenger, IV August 18, 1992
Father
2. The parties' had a Custody Conciliation Conference on November 2, 2004 as
planned at their August 24, 2004 Custody Conciliation. Present for the conference were:
the Father, Howard Offenger, III, and his counsel, John M. Glace, Esquire; the Mother,
Rebecca J. Zotnyia, and her counsel, Anne Macdonald-Fox, Esquire and Jason C. Evans,
CLI.
3. The parties reached an agreement in the form of a temporary Order as
attached. ~
/1/1/0/ ~~ss~~
Custody Conciliator
:238668
IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY,
PENNSYLVANIA
HOWARD G. OFFENGER, m,
Plaintiff
No. 93-1546 CIVIL
v.
IN CUSTODY
REBECCA ZOTNYlA ( now KUHN),
Defendant
Petition for Special Relief
AND NOW thisl~y of August, 2005 comes above petitioner HOWARD G.
OFFENGER, m, by and through his attorney John M. Glace, Esquire and pursuant to
Pa.R.C.P .1915.12 respectfully prays grant of Special Relief and, in support thereof,
presents the following:
1, Petitioner is HOWARD G. OFFENGER, ill, the biological father of Howard
G. Offenger, IV (dob: August 18,1992), who resides at 215 North Market Street, the
Borough ofMechanicsburg, (Cumberland County), Pennsylvania.
2. Respondent is REBECCA ZOTNYlA KUHN, the biological mother of the
above referenced minor child, who now resides at 412 Rear West Simpson Street, the
Borough of Mechanicsburg, (Cumberland County), Pennsylvania.
3. The above custody matter is now controlled by a November 12, 2004 Order of
this Court, signed by the Honorable Kevin J. Hess. Said Order and the Conciliator's
(Melissa Peel Greevy, Esquire) report are attached in the aggregate as Exhibit "A" and
made part hereof.
4. Since the November 12, 2004 Order, Respondent relocated from residence
described for the Conciliator and a determinative factor in the agreement of the
November 2, 2004 Conciliation for shared physical custody adopted by the attached
Order of Court.
5. Presently Respondent resides at the above described residence, a small
apartment, wherein she shan:s physical custody of the above minor child and is primary
custodian of his eight (8) year old half-sister, Nova Kuhn.
6. Minor child, Howard G. Off enger, IV, now thirteen (13) years old, refuses to
reside at Respondent's residence premised on recent acts and behavior of his mother as
directly related to undersigned attorney by that minor child; those acts ( without
limitation) include the following:
a. Respondent is employed as a waitress with night-shift hours. Minor
child is often left alone to baby sit eight (8) year old half sister without
any food or drink but for tap water available for the children. Such
responsibility is unwanted by the minor child and patently unsafe for both
children; and
b. Notwithstanding the conclusion of Respondent's night-time waitressing
shift at approximately lO:OO PM, she often does not return to the residence
until after 2:00 AM; and
c. Petitioner, who is an on-call railroad engineer, has received early
morning cell phone calls from minor child in distress that his mother
hasn't returned yet. Petitioner who sometimes works an early morning
shift wherein he is out of the area is not always able to respond to his son's
distress calls ( the last occasion being August 4, 2005 when Respondent
did not return until 2:24 AM); and
d. Respondent, as well as returning extremely late, sometimes brings
persons, generally men, home with her. This is quite distressing to minor
child and his younger half-sibling because of the small accommodations.
lateness of hour, and usual inappropriateness of the behavior of the visitors
and Respondent; and
e. Respondent returns from work in various stages of intoxication, which
causes either confrontation or intimation of the minor child; and
f. Respondent has sought to drive minor child to various locations when it
is obvious to him that she is intoxicated causing him great fear and
consternation; and
g. On one occasion (August 10, 2005) when minor child was
accompanied by a friend of his age, Respondent with a male and
female co-participant, was found and witnessed by all minor child and his
friends in intimate behavior, all participants being intoxicated. Such event
being extremely traumatizing to minor child.
7. Undersigned attorney has personally reviewed with minor child the above
circumstances in order to present this petition for Special Relief. The Minor child has
clearly stated to said attorney that he does not wish to return to his mother's residence
overnight and that he will present personally his testimony of the above circumstances
and his wishes to modifY the existing Order.
8. The above circumstances patently are not in the best interests of the minor
child in addition to that minor child's insistence that he does not want to remain at his
mother's and that he immediately seeks ( and Petitioner joins) Special Relief.
WHEREFORE, Petitioner, HOWARD G. OFFENGER, IV, respectfully prays
for the following Special Relief:
1. That the existing Order of Court be modified to exclude overnight custody of
Respondent and to exclude the use of alcohol by either custodian parent when the
minor child is in the custody, however brief, of that parent; and
2. That minor child should not be used as a babysitter for his half-sister or any
other child; and
3. That Respondent should be restricted from open intimate behavior with other
individuals in the presence of minor child until such time as she has provided
sufficient counseling at her expense to overcome his present traumatization; and
4. That the Respondent be responsible to pay and/or reimburse Petitioner his
costs and reasonable attorney's for this Petition.
Respectfully submitted,
The Law Office of J hn M. Glace
e, Esquire
nut Street
17101-1612
-
/'
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 93-1546 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
HOWARD OFFENGER, III,
v.
REBECCA J. ZOTNYIA,
Defendant
HESS, J. -
TEMP9RARY ORDER OF COURT
AND NOW, this J 1 day of November, 2004, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. This Court's Order of September 1, 2004 is VACATED.
2. Leaal Custody. The parties, Howard Offenger, III and Rebecca J. Zotnyia,
shall have shared legal custody of the minor child, Howard G. Offenger, IV, bom August 18;
1992. Each parent shalt have an equal right, to be exercised jointly with the other parent,
to make all major non-ernerg~ncy decisions affecting the chUd's general well-being
including, but not limited to, alt decisions regarding his health, education and religion.
Pursuant to the terms of 23 Pa. C. S. ~5309, each parent shall be entitled to alt records and
information pertaining to the child including, but not limited to. medical. dental, religiOUS or
school records, the residence address of the child and of the other parent To the extent
one parent has possession of any such records or infonnatlon. that parent shall be required
to share the same, or copies thereof, with the other parent within such reasonable time as to
make the records and information of reasonable use to the other parent.
3.
follows:
Phvsical Custodv. The parties will share physical custody of the child as
A. Effective November 3, 2004 when Mother will have custody of
the child, the parties will have a week-onlweek-off custodial arrangement
Thereafter, the day for custodial exchange will be on Mondays when the child
retums to school or summer daycare. Therefore, the custodial time of the
relinquishing parent will end on Monday momings. The custodial time of the
receiving parent commences at the commencement of the school or daycare
day.
B. On those days when Father is working during shifts such as 2:00
p.m. to 10:00 p.m. or 3:00 p.m. to 11:00 p.m., or away from home overnight,
Father will first contact Mother so that the child wilt be in her custody while
Father is away for work. For example, if Father is working from 3:00 p.m. to
. -
~
NO. 93-1546 CIVIL TERM
11 :00 p.m., Mother will be notified at Father's earliest opportunity and Mother
will pickup the child after work and will maintain custody of the child until he
returns to school the next day. Father is entitled to makeup time during
Mother's next custodial week for those days when Mother has custody of the
child during Father's week due to his work schedule. The intent of this
custodial arrangement is to allow the parties to share custody of the child
equally and to maximize the child's periods of custody with Father during his
non-work days.
4. TransDortation. The parent relinquishing custody on Monday morning shall
provide transportation incident to that custodial exchange. The parent receiving custody on
Monday after school or daycare shall provide transportation incident to that custodial
exchange.
5. This Order is entered upon the parties' agreement that Father would provide
timely notice of his work assignments so that Mother may exercise her "first right of refusal"
during his work hours. The agreement is premised on the theory that it is better for the child
to be with another parent than a third party caregiver in the event that a parent is not
available during their period of custody.
6. The parties will participate in therapeutic co-parent counseling to address how
they can best support and parent the child from separate residences. They will initiate
telephone calls to arrange for these services no later than November 5, 2004.
Unreimbursed costs of these services shall be shared by the parties, 67% by Father and
33% by Mother.
7. For a period of twelve hours before, and continuing throughout any period of
partial custody with the minor child, the parties shall consume no alcoholic beverages nor
possess or use controlled substances whatsoever. The parties shall likewise ensure, to the
extent possible, that the other household members and/or house guests comply with this
prohibitlon.
Disl: Jason C. Evans. CU, Family Law ClInic, 45 N. Pill Slreet, CarlIsle, PA 17013
Anne Macdonald-Fox, Esquire, Family Law Clinic, 45 N. PItt SIreet, Carlisle, PA 17013
John M. Glace, Esquire, 132 Walnut Street, Harrisburg, PA 17101
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 93-1546 CIVIL TERM
HOWARD OFFENGER. Ill.
v.
REBECCA J. ZOTNYIA.
CIVIL ACTION - LAW
IN CUSTODY
Defendant
CUSTODY CONCILIATIQN 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 infonnation concerning the child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTH CURRENTLY IN THE CUSTODY OF
Howard G. Offenger. IV August 18. 1992 Father
2. The parties' had a Custody Conciliation Conference on November 2. 2004 as
planned at their August 24. 2004 Custody Conciliation. Present for the conference were:
the Father. Howard Qffenger. Ill, and his counsel. John M. Glace. Esquire; the Mother.
Rebecca J. Zotnyia, and her counsel. Anne Macdonald-Fox. Esquire and JasonC. Evans.
CLI.
3. The parties reached an agreement in the fonn of a temporary Order as
attached.
/115/0/
Date
~ 1JL,
Melissa Peel Greevy. Esquire
Custody Conciliator
:238668
VERIFICATION
I verify that the statements made in the foregoing Petition for Special Relief and
Modification are true and correct to the best of my understanding and belief. I understand
that false statements herein are made subject to the penalties provided by 18 Pa CSA,
Section 4904, relating to unsworn falsification to authorities.
Date:
81 -u/o':/
I I
~h/s$Ift~ ///
Howard G , ill
CERTIF C TE OF SERVICE
I HEREBY CERTIFY that thi ~. day of August, 2005 I have served a true and
correct copy of the foregoing Motion to Special Relief, by first class mail, postage pre-
paid, upon:
Rebecca Zotynia Kuhn
412 Rear West Simpson Street
Mechanicsburg, PA 17055
Lucy Johnston-Walsh, Esquire
Shughart Community Law Center
45 North Pitt Street
Carlisle, P A 17013
(Courtesy Copy)
LAW OFFICES of JOHN M. GLACE
ace, Esquire
alnut Street
PA. 17101-1612
7. 238-5515
Identification No. 23933
Counsel for P1aintiIDPetitioner
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HOWARD G. OFFENGER, III
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
93-1546 CIVIL ACTION LAW
REBECCA ZOTNYIA (NOW KUHN)
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Wednesday, AU2ust 24, 2005
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq.
at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, September 16, 2005
, the conciliator,
at 11:00 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. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or pennanent 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: Isl
Melissa P. Greevv. Esq.
Custody Conciliator
.JY'
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For infomlation 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 A TTORNEY AT ONCE. IF YOU DO NOT
HA VE 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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