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HomeMy WebLinkAbout05-2444Michael A. Hynum, Esquire Supreme Court ID #85692 151 Reno Ave., Suite 202 New Cumberland, PA 17070 (717) 774-1357 Attorney for Plaintiff RYAN J. ZIRKLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. Oj- ,ZSC?{<f Cent •?tiu, DANICA A. ZIRKLE, CIVIL ACTION - LAW Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is RYAN J. ZIRKLE, residing at 150 Reno Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant is DANICA A. ZIRKLE, believed to be residing at 32 Cedar Street, Burlington, Vermont 05401. 3. Plaintiff seeks custody of the following child: Avelina R. Zirkle 150 Reno Avenue Age 1, DOB: 7120/04 New Cumberland, PA 17070 The child was not born out of wedlock. The child is presently in the custody of Danica A. Zirkle, who is believed to be residing at 32 Cedar Street, Burlington, Vermont 05401. 4. Since birth, the child has resided with the following persons and at the following addresses: Mother and Father 150 Reno Avenue 7/20/04 - 512/05 New Cumberland, PA 17070 Mother and Unknown 32 Cedar Street 5/2105 - present Burlington, VT 05401 The mother of the child is Danica A. Zirkle, who is believed to be residing at 32 Cedar Street, Burlington, VT 05401. She is married to Plaintiff, but separated. The father of the child is Ryan J. Zirkle, currently residing at 150 Reno Avenue, New Cumberland, PA 17070. He is married to Defendant, but separated. 4. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently lives alone. 5. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Unknown. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. However, Defendant in this matter has filed a Complaint for Relief from Abuse in Chittenden County, Vermont, at docket number F260-f-05Cnfa. A Temporary Order has been issued ex-parte, and a hearing is currently scheduled for May 19, 2005, at 8:15 a.m. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because Mother has taken the child out of the jurisdiction. A Petition for Special Relief is being filed simultaneously with this Complaint for Custody. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. There are no other persons known to Plaintiff who are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff requests this Honorable Court grant custody of the child, AVELINA R. ZIRKLE, to him. Respectfully submitted, Michael A. Hynum, E q ire Supreme Court ID #8 6 151 Reno Ave., Suite 2 New Cumberland, PA 17070 (717) 774-1357 Attorney for Plaintiff I verify that the statements contained in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1 Y `' S kYALI&OKLE CERTIFICATE OF SERVICE On this la Th day of May, 2005, 1 certify that a copy of the foregoing COMPLAINT FOR CUSTODY was served upon the following counsel for Defendant by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Harold Irwin, Esquire 35 East High Street Carlisle, PA 17013 Michael A. HynuM, wire Supreme Court ID # 56 151 Reno Ave., Suite New Cumberland, PA 17070 (717) 774-1357 Attorney for Plaintiff ?- C,J ?D ?d `1 C7 c> f l - -?, .-, -,- ?, ? _ -- _ n r, °:: ,, ?? _?, b ?" ? ? _? .1 C l6 --+-- t Michael A. Hynum, Esquire Supreme Court ID #85692 151 Reno Avenue, Suite 202 New Cumberland, PA 17070 (717) 7741357 Attorney for Petition RYAN J. ZIRKLE, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY PENNSYLVANIA V. NO. DANICA A. ZIRKLE, CIVIL ACTION - LAW Respondent IN CUSTODY Petition for Emergency Relief Plaintiff, by and through his attorney, Michael A. Hynum, Esquire, files this Petition for Emergency Relief and avers as follows: 1. Plaintiff is Ryan J. Zirkle [Father], who currently resides at 150 Reno Avenue, New Cumberland, PA 17070. 2. Defendant is Danica A. Zirkle [Mother], who is believed to currently reside at 32 Cedar Street, Burlington, VT 05401. 3. The parties are the parents of the following minor child: Avelina R. Zirkle, who is believed to currently reside at 32 Cedar Street, Burlington, VT 05401. 4. Prior to filing this Petition, the Petitioner filed a Complaint for Custody, seeking legal custody and primary physical custody of the child. 5. Defendant has relocated with the child outside the jurisdiction of this Court, and upon information and belief took the child to Burlington, Vermont, on May 2, 2005. 6. Such a move is contrary to the child's best interests. 7. The move seriously impairs Father's ability to be an active parent for the child, as Burlington, Vermont, is approximately a nine-hour trip by automobile from central Pennsylvania. 8. The move seriously impairs the child's relationship with her Father. 9. Defendant does not have a valid basis for the move. 10. Under Plowman v. Plowman 409 Pa. Super. 143, 597 A.2d 701 (1991), prior to removal of the child from the jurisdiction, the Court must hold an evidentiary hearing on the proposed relocation to examine the factors set forth in Gruber v. Gruber. 400 Pa. Super. 174, 583 A. 2d 434 (1990). 11. The child must remain in this jurisdiction pending the evidentiary hearing. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an emergency Order, requiring Respondent to return the child to Cumberland County in the Commonwealth of Pennsylvania until such time as there can be a hearing to determine whether such a move is in the child's best interests. Respectfully submitted, Michael A. Hynum, Esq r Supreme Court ID #8569 151 Reno Ave., Suite 202 New Cumberland, PA 17070 (717) 774-1357 Attorney for Plaintiff/Petitioner VERIFICATION I, Ryan Zirkle, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C S Section 4904, relating to unworn falsification to authorities. ausod Petitioner Date ?- CERTIFICATE OF SERVICE On this 12th day of May, 2005, 1 certify that a copy of the foregoing PETITION FOR EMERGENCY REILEF was served upon the following counsel for Defendant by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Harold Irwin, Esquire 35 East High Street Carlisle, PA 17013 Michael A. Hynum; Esq it Supreme Court ID #852 151 Reno Ave., Suite 202 New Cumberland, PA 17070 (717) 774-1357 Attorney for Plaintiff O RECEIVED MAY 12 7on.9r RYAN J. ZIRKLE, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY PENNSYLVANIA V. NO.OS= ayy4/ DANICA A. ZIRKLE, CIVIL ACTION - LAW Respondent IN CUSTODY ORDER AND NOW, this l P day of May, 2005, it is ORDERED that I?t?. I, J-& P- A SP2?'Y tr?Gf hrl?u.l 1'Gt •^ rya 16 , ':J?o as ar /I:40aA..N , 07 /0 3' a, HAROLD S. IRWIN, 111 ESQ ATTORNEY ID NO. 29920 54 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-9090 ATTORNEY FOR PLAINTIFF RYAN J. ZIRKLE, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DANICA A. ZIRKLE, : NO 2005 - 2444 Respondent IN CUSTODY ANSWER TO PETITION FOR SPECIAL RELIEF NOW, comes Danica A. Zirkle, by her attorney, Harold S. Irwin, III, Esquire, and responds to the petition of Ryan J. Zirkle for special relief as follows: 1. The averments of fact contained in paragraph one of the petition are admitted. 2. The averments of fact contained in paragraph two of the petition are admitted. 3. The averments of fact contained in paragraph three of the petition are admitted 4. The averments of fact contained in paragraph four of the petition are admitted. 5. The averments of fact contained in paragraph five of the petition are admitted. 6. The averment contained in paragraph six of the petition is a conclusion of law to which no response is required. However, if a response is required, that averment is denied. To the contrary, the move to Burlington, Vermont with the child is in the child's best interests, as further described in respondent's new matter below, incorporated herein by reference. 7. The averments of fact contained in paragraph seven of the petition are admitted in part and denied in part. It is admitted that the move to Vermont impairs Father's ability to have contact with the child. However, the Father's own actions necessitated the move, as further described in respondent's new matter below, incorporated herein by reference. 8. The averments of fact contained in paragraph eight of the petition are admitted in part and denied in part. It is admitted that the move to Vermont impairs the child's ability to have contact with the Father. However, the Father's own actions necessitated the move, as further described in respondent's new matter below, incorporated herein by reference. 9. The averments of fact contained in paragraph nine of the petition are specifically denied. On the contrary, respondent does have a valid basis for the mare, as further described in respondent's new matter below, incorporated herein by reference. 10. The averments contained in paragraph ten of the petition are a conclusions of law to which no response is required. However, if a response is required, those averments are admitted in part and denied in part. Respondent has no objection to the holding of an evidentiary hearing to examine the factors which led to the relocation. It is denied that those factors should be resolved in petitioner's favor, as further described in respondent's new matter below, incorporated herein by reference. 11. The averments of fact contained in paragraph eleven of the petition are denied. On the contrary, the child's best interests and welfare are best served by the child remaining with the Mother in Burlington, Vermont, subject to reasonable and appropriate parital custody and visitation arrangements with the Father. WHEREFORE, respondent requests that the Court deny petitioner's request for emergency relief and permit the parties to continue addressing this matter through the normal conciliation process. NEW MATTER 12. Respondent's responses to petitioner's petition, paragraph one through eleven inclusive, are incorporated herein by reference as if fully set forth at length. 13. Petitioner has physically, mentally and emotionally abused respondent throughout the majority of their relationship. 14. Some prior incidents have resulted in law enforcement authorities being called to their home and several attempts by the respondent to leave theh ome. 15. Petitioner has hit, choked, pushed and slapped respondent on numerous occasions, many resulting in brusing and skin abrasions and some even during respondent's pregnancy with the parties' child. 16. Petitioner has regularly subjected respondent to verbal abuse and threats of violence causing her to fear for her own safety and that of the parties' daughter. 17. Most recently, on the afternoon of April 30, 2005, petitioner threw the parties' computer monitor and printer across the room. He then picked up a metal chair and threw it at respondent, nearly hitting respondent and the parties' child which respondent was holding, all while shouting and yelling obsenities at the respondent. 18. After this incident, both parties' discussed separation and petitioner agreed with respondent's decision to return to Vermont with the parties' cW. Petitioner knew exactly where respondent intended to reside and, in fact, called that location in Vermont prior to respondent reaching there. 19. Respondent's moved to Vermont for the protection of herself and her child since she has no one in the immediate area with whom to reside and no financial resources to procure an alternate residence. 20. Respondent's foster mother resides in Burlington, Vermont and is willing to provide a home for respondent and the child. Respondent also has the assistance of Casey Family Services which are assisting respondent's efforts to continue her schooling. 21. Petitioner works twelve hour shifts as a chef for an any restaurant, Tuesday through Saturday, and would be unable to care for the child except on Sunday and Monday without substantial planning and arrangements for daycare. 22. Petitioner has no driver's license, no car and up until now has provided almost no care for the child, only ever being alone with her for a few hours at a time. 23. Respondent is willing to work in good faith to arrange for a satisfactory and reasonable partial custody and visitation schedule for the father and the child, but insists that petitioner's attitude, demeanor, anger, history of physical and mental abuse, alcohol abuse and bad temper and his work schedule make him inappropriate at this time for extended partial custody periods such as "week-on / week-off' arrangements or any amount of extended partial physical custody. 23. Nevertheless, in a good faith effort to resolve this motion, respondent is willing to enter into a temporary agreement providing as follows: A. That the parties shall share joint legal custody; B. That the Mother shall have primary physical custody of the child; C. That the Father shall enjoy partial physical custody of the child every six weeks, from Sunday at Noon until Tuesday at Noon, with the first period beginning Sunday, May 22, 2005; D. That the Mother shall deliver the child to the Father's residence at the beginning of each partial custody period, will stay in the area of Father's residence during his time with the child and will pick up the child at Father's residence on Tuesday at Noon; E. That Father shall not abuse alcohol during his periods of partial physical custody; and F. That these arrangements shall continue until further agreement and Order of Court following a custody conciliation. WHEREFORE, respondent requests that the Court deny petitioner's request for emergency relief, other than as provided above, and permit the parties to continue addressing this matter through the normal conciliation process. May L? 2005 HAROLD S. IRWIN, III Attorney for Respond 64 South Pitt Street Carlisle, Penrtsldvania 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION The foregoing answer and new matter is based on information which has been gathered by counsel from the respondent and is true and correct to the best of my knowledge, information and belief. Counsel is executing this verification due to the fact that respondent is not present in the area and unable to sign a verification personally due to the time and distance constraints involved. Counsel represents that he has reviewed the answer and new matter with respondent and she had authorized the filing and verification as provided herein. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. , May J' '2005 HAROLD S. IRWIN, III Attorney for Respondent C?% u _ <i ? ? ??. ?7 T _ _' ` fi? -_ ?: r:? G? i x?• __? _?. ;.`: _. _ ., ?r: i :°' ? c_n RYAN J. ZIRKLE, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-2444 CIVIL TERM DANICA A. ZIRKLE, CIVIL ACTION - LAW Respondent IN CUSTODY ORDER OF COURT AND NOW, this 17th day of May, 2005, after conference with the parties, we enter the following Order, which is intended to be temporary only and shall in no way affect the substantive rights of either party in upcoming conciliation or hearing: 1. The parties shall have joint legal custody of their daughter, Avelina R. Zirkle. 2. Mother shall have primary physical custody of the child, subject to periods of partial physical custody in Father as follows: A. Every other weekend, commencing this weekend, from Sunday at noon until Tuesday at 9:00 a.m. B. Such other times as the parties may agree. 3. The parties shall share transportation of the child. If Mother elects to fly with the child, she shall advise Father of the cost, and he shall purchase the ticket and take credit against any support wed--for the child. the Cote\?t, and E. Guido, J. Michael A. Hynum, Esquire For the Petitioner Harold S. Irwin, III, Esquire For the Respondent srs RYAN J. ZIRKLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V_ 05-2444 CIVIL ACTION LAW DANICA A. ZIRKLE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, May 17, 2005 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at DJ_M_anlove's, 1901 State St., Caro p Hill, PA 17011 _ on __ Monday, June 20, 2005 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children aue 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P.Greevy, Esq._._ y? 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 infomtation 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 schedules' conference or hearing. YOU SHOULD TAKE] THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT, WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 ? , -? -,,' ?'??' ? ?? fir' _sa ?,s so?? ?-? ?v ?r,s ,. , RECEIVED JUL 05 2005?? RECEIVED JUL 0 f RYAN J. ZIRKLE, Plaintiff V. DAN ICA A. ZIRKLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2444 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J. --- TEMPORARY ORDER OF COURT AND NOW, this lv day of July, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Ryan J. Zirkle and Danica A. Zirkle, shall have shared legal custody of the minor child, Avelina R. Zirkle born July 20, 2004. 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 her health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, 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. 2. Physical Custody. The parties shall share physical custody on a week-on, week-off basis. Fathers' next period of custody shall commence on June 19, 2005. The custodial exchange date shall be Sunday. The custodial exchange time shall be Noon. The parties will pick a half-way point for the custodial exchange. 3. The Custody Conciliation Conference shall reconvene on September 16, 2005 at 9:00 a.m. at the office of the Custody Conciliator, Melissa Peel Groovy, Esquire, 1901 State Street, Camp Hill, PA 17011. BY THE COURT: Edward E. Guido, J. Dist: Michael A. Hynum, Esquire, 151 Reno Avenue, Suite 202, New Cumberland, PA 17070 " ,_ -??, c( 7 D 1 Jessica Diamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013 ?? LO 9? :9 WV L- Inr 900Z AbViGNOH Ovid 3RL JO 3O13_i!" H RECEIVED JUL 05100 RYAN J. ZIRKLE, Plaintiff V. DAN ICA A. ZIRKLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2444 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Avelina R. Zirkle July 20, 2004 Mother and Father 2. Father filed a Complaint for Custody on May 12, 2005 at which time he was represented by Michael Hynum, Esquire. He also filed a Petition for Emergency Relief. Judge Guido issued an Order in response to the Emergency Relief on May 17, 2005. This Order granted the parties shared legal custody and gave Father partial custody every other weekend and other times that the parties agreed. The weekend time in this Order was defined as Sunday at Noon until Tuesday at 9:00 a.m. The Order further provided that the parties would share transportation of the child and if Mother wanted to fly the child back from Vermont Father would purchase the airplane ticket and take the price of the ticket as a credit against any child support owed. Mother was then represented by Harold B. Irwin, III, Esquire. She is now represented by Mid-Penn Legal Services. Attending the Custody Conciliation Conference held on June 15, 2005 were: the Father, Ryan J. Zirkle, and his counsel, Michael A. Hynum, Esquire; Jessica Diamondstone, Esquire. The Mother, Danica A. Zirkel, participated by telephone by reason of her presence in Vermont. 3. The parties reached an on/week off shared physical custody Conciliation in September 2005. ?e 3 Dat agreement for a Temporary Order providing week and an agreement that would allow them to return to meussa reei lareevy, Custody Conciliator :253876 RYAN J. ZIRKLE IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA V. NO. 2005 -2444 DANICA A. ZIRKLE CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY AND VISITATION STIPULATION AND AGREEMENT AND NOW, this ?j fZ_` day ofC 2006 it is agreed by and between Ryan J. Zirkle, Plaintiff (Father) and Danica A. Zirkle, Defendant (Mother), that the Court enter a custody determination and order that the parties share physical custody of Avelina R. Zirkle (child). WITNESSETH: WHEREAS, the parties desire to amend the Order of Custody dated July 6, 2005, and WHEREAS, the parties have reached agreement with respect to the custody arrangements for their daughter and are desirous of having the Court enter their agreement as an Order, NOW, THEREFORE, the parties hereto, intending to be legally bound covenant and agree as follows: 1. Legal Custody of the child shall be shared by the parents, as defined in 23 Pa. C.S.A. §5302. It is agreed by the parties that they will discuss and cooperate on matters pertaining to the child's health, education, and general welfare, acknowledging that the general well-being of the child is of paramount importance. On all matters relating to the basic decisions concerning the residence, health, education, discipline, and other aspects of the welfare of the child, father shall consult and confer with mother, and mother with father, with a view to the parties cooperating to adopt and follow a harmonious policy toward the upbringing and welfare of their child. Except as specified above, all authority and responsibility for decision-making concerning the child shall rest with the party who has physical custody of the child. Mother shall continue to maintain health insurance for Avelina. Mother and father shall continue to equally split Avelina's unreimbursed health care costs each calendar year. 2. Partial Custody Rights Mother and Father shall have partial custody of the minor child as follows: Father shall have custody of minor child beginning 8 PM on Sunday until 9 AM on Thursday. Mother shall have custody of minor child beginning 9 AM on Thursday until 8 PM on Sunday. Mother shall be entitled to custody every other year for either the Thanksgiving or Christmas holidays beginning in 2007. Mother shall have custody of minor child for the Christmas holiday in 2007 and for the Thanksgiving holiday in 2008. Father shall be entitled to custody every other year for either the Thanksgiving or Christmas holidays beginning in 2007. Father shall have custody of minor child for the Thanksgiving holiday in 2007 and for the Christmas holiday in 2008. For purposes of this custody, the Thanksgiving holiday shall begin day prior to Thanksgiving at 9 AM, and will end at 6 PM the Sunday following Thanksgiving. The Christmas holiday shall begin at 9 AM the day prior to Christmas, and will end at 6 PM on January 2. Father shall have sole custody of minor child every Easter beginning in 2007. Custody of Avelina on her birthday shall be on a rotating annual basis beginning in 2007. Father shall have custody of Avelina on her birthday in 2007. Mother and Father shall each have custody of minor child for two (2) uninterrupted one week periods per calendar year for purposes of vacation with dates to be coordinated by the parties upon 30 days' notice to the other party of a party's intent to schedule such vacation. Mother and Father agree that they will equally coordinate, be responsible for, and pay for transportation of the child to and from periods of visitation with him or her. Notice of Changed Plans Should Mother or Father be unable to exercise partial custody on any particular occasion, he or she shall notify the other party within a reasonable amount of time before the time for partial custody. Any inability or other failure to exercise partial custody shall not be considered a waiver of any right to partial custody as set forth in this agreement. However, should either party regularly fail to exercise partial custody rights during any period as authorized in this schedule, he or she shall give reasonable notice before again exercising partial custody rights during that period. Modification of Schedule The parties may agree at any time to extend or to reduce this schedule. However, if at any time the parties fail to agree on the extent, instances, or times of partial custody, either party may give notice to the other that partial custody shall be re-instituted strictly in accordance with the schedule as set forth in this Paragraph. 3. Relocation The parties agree that neither will move their primary residence fifty (50) miles or more outside the city of Harrisburg, Pennsylvania. Disparagement Prohibited The parties agree that neither will in any way interfere with the maintenance of the love and affection between the child and the other parent. Neither parent will do anything to obstruct the reasonable communication between the child and the other parent by letter, telephone, electronic mail, or other method. Neither will ever speak negatively about the other either to or in front of the child. Rather, each will at all times encourage the development and continuation of a caring parental relationship between the child and the other parent. 4. Drugs & Alcohol Both parties agree that they will not consume alcoholic beverages to the point of intoxication during their custodial periods with the child. Additionally, both parties agree that they will not use illegal drugs or controlled substances during their custodial periods with the child. 5. During periods of visitation, the non-custodial parent shall have the right to regular and reasonable telephone access to the child without interference from the custodial parent. 6. The Parties agree that Mother shall be entitled to claim the dependency exemption for the child under the Internal Revenue Tax Code on her tax return for tax year 2006 and in even-numbered years thereafter. The Parties agree that Father shall be entitled to claim the dependency exemption for the child ?J under the Internal Revenue Tax Code on his tax returns for all taxable years commencing in tax year 2007 and in odd-numbered years thereafter. 7. The best interests and permanent welfare of the child will be served by entering an Order adopting this Stipulation and Agreement because the parties want their Agreement set out in an Order of Court. 8. Both parties join in this Petition and Stipulate and Agree that the Court may enter the Order of Court attached hereto. 9. The situs of this Stipulation and Agreement shall be Cumberland County, Pennsylvania. 10. This Stipulation and Agreement and any Order relative thereto shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Additionally, both parties understand that statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. rfill Witness _?L4(4 PYJA Witness f.: RYAI? J/ 2I DANI A A. ZI ?- E, DEC E? 2006 JAI Michael A. Nynum, Esquire Supreme Court ID #85692 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 7741357 Attomey for Plaintiff RYAN J. ZIRKLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2444 DANICA A. ZIRKLE, CIVIL ACTION - LAW Defendant ORDER OF COURT AND NOW, this A M day of J , it is hereby ORDERED AND DECREED that the terms and conditions contained in the attached Custody Stipulation and Agreement are made a part of this Order as though fully set forth herein. BY T J. ' °- ?1?7'7.Lr P_ Ryan J. Zirkle : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CUSTODY Danica A. Zirkle Defendant : NO. 2005-2444 CIVIL TERM WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for the Defendant, Danica A. Zirkle, at the above captioned docket. Respectfully submitted by, Dated: G a e E. D'Alo, Esq. Mi enn Legal Services PLEASE enter my appearance as attorney of record on behalf of the Defendant, Danica A. Zirkle, at the above captioned docket. Respectfully submitted by: ?n - a'?Oj Angel B dley Certified Legal Intern ROBER RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 r RYAN J. ZIRKLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2005-2444 DANICA A. ZIRKLE, CIVIL ACTION - LAW Defendant CUSTODY EMERGENCY PETITION TO MODIFY CUSTODYAND REQUEST FOR IMMEDIATE TEMPORARY PHYSICAL CUSTODY OF MINOR CHILD AND NOW, this •®Xday of January, 2009, comes the Petitioner/Defendant Danica A. Zirkle, by and through her attorney, Joanne Harrison Clough, Esquire and files this Petition for Emergency Petition to Modify Custody and Request for Immediate Temporary Physical Custody of Minor Child and in support thereof avers as follows: 1. Petitioner Danica A. Zirkle is an adult individual who currently resides at 4109 Beechwood Lane, Apartment E, Harrisburg, PA 17112. She is the natural mother of the minor child Avelina R. Zirkle, born July 20, 2004. 2. Respondent/Plaintiff Ryan J. Zirkle is an adult individual currently residing at 313 9th Street, New Cumberland, Cumberland County, PA 17070 with his girlfriend, Leslie N. Sakowsky. He is the natural father of the child Avelina R. Zirkle. 3. An Order of Court was entered on January 2, 2007 adopting the terms and conditions of the Custody and Visitation Stipulation and Agreement entered in to by the parties on December 14, 2006 sharing periods of physical custody of the minor child Avelina R. Zirkle between Petitioner Mother and Respondent Father. A true and correct copy of said Order of Court and Custody and Visitation Stipulation and Agreement is attached hereto, made part of, and incorporated by reference as Petitioner's Exhibit No. 1. 4. Since the entry of the January 2, 2007 Court Order, the minor child has always been in the physical custody of the Paternal Grandmother, Kim Sheaffer, at 4210 Elmerton Avenue, Harrisburg, Dauphin County, Pennsylvania, every Wednesday, from approximately 1:00 p.m. until Thurday, approximately 3:30 p.m., when Petitioner Mother picks up the child, until December 27, 2008, when Respondent Father's mother, the child's Paternal Grandmother, notified the police of drug activity at Respondent Father's home, at which point Respondent Father denied his mother, Paternal Grandmother Kim Sheaffer the right to see the child. 5. Since December of 2008, Respondent Father and his girlfriend have engaged in a course of conduct and other dangerous behavior that places the physical and mental well being of the minor child Avelina R. Zirkle in immediate danger, warranting an immediate award of temporary physical custody of the minor child to Petitioner Mother until a hearing can be held on this matter. The dangerous activity engaged in by Respondent Father and his girlfriend, placing the child at serious risk, include but are not limited to the following: a. On or about December 22, 2008, Respondent Father had ten (10) ziplock bags of marijuana, each believed to be containing approximately one ounce of marijuana, with a total street value believed to be $4,000.00, sitting in plain view on the dining room table at Respondent Father's residence during his scheduled period of physical custody of the minor child. A photo of the bags of marijuana present a Respondent Father's residence is attached hereto, made part of, and incorporated by reference as Petitioner's Exhibit No. 2. Said bags of marijuana are believed to be packed for sale and distribution. b. On January 1, 2009, during another period of time when the minor child was in Respondent Father's period of physical custody of the minor child, Respondent Father was involved in criminal activity and as a result thereof was subsequently charged on January 5, 2009 for a violation of 35 Section 780-113 sub section A311 a misdemeanor for marijuana-small amount personal use and 18 Section 5503 sub section A4, summary offense of disorderly conduct; The afore listed charges are scheduled for a Preliminary Hearing on February 19, 2009. A true and correct copy of said charges are attached hereto as Exhibit No. 3. C. At said same date and time on January 1, 2009 Respondent Father's girlfriend, Leslie Sakowsky, was also involved in criminal activity and was cited on January 5, 2009 for the following charges relative to said incident: 18 Section 2709 sub section Al, summary harassment, 18 Section 2701 sub section A 1, simple assault, 35 Section 780-113 sub section A311, misdemeanor marijuana-small amount personal use, and 18 Section 5503 sub section Al, summary offense disorderly conduct. The afore listed charges are currently scheduled for a Preliminary Hearing on February 12, 2009. A true and correct copy of said charges are attached hereto as Petitioner's Exhibit No. 4. d. In November/December of 2008 Respondent Father was the alleged subject of a crime in New Cumberland, Cumberland County, Pennsylvania, when he was approached on Bridge Street and perpetrators held a 9MM gun to his head and allegedly robbed him. Petitioner Mother is of the belief and therefore avers that it is likely that this mugging was related to Respondent Father's drug selling activities and she has great fear for the personal safety and welfare of the minor child while she is in Respondent Father's custody due to his drug selling activity. 6. Respondent Father and his girlfriend have also been involved in numerous domestic altercations since September of 2008 and Petitioner Mother is of the belief and therefore avers that it is not safe to have the minor child in Father's physical custody at this time due to the severity of these domestic disputes including but not limited to the following: a. On the evening of January 10th or early morning of January 11, 2009 Respondent Father and his girlfriend Leslie Sakowsky were involved in a violent altercation at Respondent's residence where glass was shattered and broken and other items were damaged during a lengthy fight, after which, Respondent's girlfriend Leslie Sakowsky left a 1 minute 24 second cell phone message with Petitioner Mother advising her in part that it was not safe to bring the child, Avelina, to Respondent's home because there was "broken glass everywhere" and further indicating the child had been there once before "when shit went down" and it was not safe for the child to return at the present time. b. On or about September 12, 2008 there was another physical altercation between Respondent Father and his girlfriend Leslie Sakowsky where Respondent Father was charged with violating Title 18 Section 2701 sub section Al, misdemeanor 2, simple assault and Section 2709 sub section Al, summary offense harassment-subject other to physical contact. Respondent Father spent the weekend in Cumberland County Prison until such time as Respondent Father's girlfriend contacted the authorities and requested the charges be dropped. A true and correct copy of the criminal charges filed for said incident are attached hereto as Petitioner's Exhibit No. 5 7. On or about December 22, 2009 when the photo was taken of the 10 individual baggies of marijuana on the dining room table of Respondent Father's home, the individual who took said photo also saw a sum in excess of $500.00 in cash in said home and Petitioner is of the belief and therefore avers that said monies were the result of Respondent Father's drug selling activities from his residence. 8. After Respondent's mother reported her son Respondent Ryan Zirkle's alleged drug selling activities to local police. On or about December 27, 2008 after which Respondent Father refused to permit her to have any further contact with the minor child and he also contacted Petitioner Mother to alert her that his mother was going to call her and falsely accuse him of selling drugs from his residence. However, Respondent Father advised Petitioner during the same telephone conversation "times are tough and we have to do what we have to do to get by" and claimed he had only purchased a bag of marijuana for someone else. 9. Paragraph 4 of the parties Custody Stipulation specifically provides that neither party will use illegal drugs or controlled substances during their physical custodial periods with the child. 10. It is illegal to possess marijuana and illegal to sell or distribute marijuana and Petitioner Mother is of the belief and therefore avers that Respondent Father is regularly engaged in drug selling activity from his residence and has great fear for the personal safety and well being of the minor child while she is in Father's physical custody. 11. Respondent Father and his girlfriend Leslie Sakowsky have subsequently reconciled shortly after the January 11, 2009 violence incident Leslie described in her voice mail message to Petitioner Mother and Petitioner Mother has great fear for the personal safety and welfare of the minor child should another domestic violence altercation take place during Father's period of partial physical custody. 12. Petitioner Mother has great fear for the safety and welfare of the minor child because of her belief that Respondent Father is regularly engaged in drug selling activities from the residence where the child spends 50% of her time. The child could be harmed due to the dangerous nature of said illegal activity violence that can occur during or as a result of drug selling activities. 13. Respondent Father and his girlfriend both openly admit drug use. In fact, Respondent's girlfriend Leslie Sakowsky indicates on her My Space as recently as December 29, 2008, under her General Interests "I've always wanted to open my own head shop". A true and correct copy of a portion of Sakowsky's My Space site is attached herto and made part of as Petitioner's Exhibit No. 6. 14. It is in the best interest and permanent welfare of the four year old minor child Avelina Zirkle. that the current Custody Order of January 2, 2007 be immediately modified and that temporary physical custody of the minor child be immediately and exclusively transferred to Petitioner Mother Danica Zirkle pending a hearing on this Emergency Petition to Modify Custody. 15. This matter has not been previously assigned to a Judge. 16. Respondent is anticipated to not concur with the relief requested in this petition. WHEREFORE, Petitioner Mother respectfully requests this Honorable Court enter an Emergency Custody Order granting her temporary primary physical custody of the minor child Avelina Zirkle, and grant that Respondent Father only be able to have periods of supervised physical custody until a hearing can be held on this Emergency Petition and grant any further relief this Court deems appropriate. y submitted, PC Date: l ?q Joanne Ifarrison Clougq, squire Attorney ID No.: 3646 11 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Petitioner Danica A. Zirkle RYAN J. ZIRKLE, Plaintiff V. DANICA A. ZIRKLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.2005-2444 CIVIL ACTION - LAW CUSTODY SUMMARY OF PETITIONER/ DEFENDANT DANICA A. ZIRKLE'S EXHIBITS Exhibit 1: January 2, 2007 Custody Order and Stipulation 2. Exhibit 2. Photo of Marijuana 3. Print out of criminal charges against Respondent Father filed on January 5, 2009 for the January 1, 2009 incident. 4. Print out of criminal charges against Respondent Father's girlfriend Leslie Sakowsky on January 5, 2009 for the January 1, 2009 incident. 5. Print out of criminal charges filed against Respondent Father on September 12, 2008. 6. Leslie Sakowsky's My Space Page print out on December 29, 2008. DEC 27?0063? Michael A. Hynum, Esquire Supreme Court ID #65692 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 774-1357 Attorney for Plaintiff RYAN J. ZI RKLE, Plaintiff V. DANICA A. ZIRKLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2444 CIVIL ACTION - LAW ORDER OF COURT AND NOW, this M day of A 'h"'=U1 y, .lj , it is hereby ORDERED AND DECREED that the terms and conditions contained in the attached Custody Stipulation and Agreement are made a part of this Order as though fully set forth herein. .. BY TH&COURT: ?h 9 J J. RTCORD and rr '. Thi - f_ ... i r *MAA n?11?! a RYAN J. ZIRKLE IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA V. NO. 2005 -2444 ;?• C71 r,_7 -?T- DANICA A. ZHtKLE CIVIL ACTION - LAW = u' 77 f- - l ) l Defendant , IN CUSTODY CUSTODY AND VISITATION STIPULATION AND AGREEMENT AND NOW, this / 01- day of ().,kC vvk ?e v- , 2006 it is agreed by and between Ryan J. Zirkle, Plaintiff (Father) and Danica A. Zirkle, Defendant (Mother), that the Court enter a custody determination and order that the parties share physical custody of Avelina R. Zirkle (child). WITNESSETH: WHEREAS, the parties desire to amend the Order of Custody dated July 6, 2005, and WHEREAS, the parties have reached agreement with respect to the custody arrangements for their daughter and are desirous of having the Court enter their agreement as an Order, NOW, THEREFORE, the parties hereto, intending to be legally bound covenant-and agree as follows: 1. Legal Custody of the child shall be shared by the parents, as defined in 23 Pa. C.S.A. §5302. It is agreed by the parties that they will discuss and cooperate on matters pertaining to the child's health, education, and general welfare, acknowledging that the general well-being of the child is of paramount importance. On all matters relating to the basic decisions concerning the residence, health, education, discipline, and other aspects of the welfare of the child, father shall consult and confer with mother, and mother with father, with a view to the parties cooperating to adopt and follow a harmonious policy toward the upbringing and welfare of their child. Except as specified above, all authority and responsibTty for decision-making concerning the child shall rest with the party who has physical custody of the child. Mother shall continue to maintain health insurance for Avelina. Mother and father shall continue to equally split Avelina's unreimbursed health care costs each calendar year. 2. Partial Custody Rights Mother and Father shall have partial custody of the minor child as follows: Father shall have custody of minor child beginning 8 PM on Sunday until 9 AM'on Thursday. Mother shall have custody of minor child bWg g 9 AM on Thursday until8 PM on Sunday. Mother shall be entitled to custody every other year for either the Thanksgiving or Christmas holidays beginning in 2007. Mother shall have custody of minor child for the Christmas holiday in 2007 and for the Thanksgiving holiday in 2008. Father shall be entitled to custody every other year for either the Thanksgiving or Christmas holidays beginning in 2007. C ?4 t Father shall have custody of minor child for the Thanksgiving holiday in 2007 and for the Christmas holiday in 2008. For purposes of this custody, the Thanksgiving holiday shall begin day prior to Thanksgiving at 9 AM, and will end at 6 PM the Sunday following Thanksgiving. The Christmas holiday shall begin at 9 AM the day prior to Christmas, and will end at 6 PM on January 2. Father shall have sole custody of minor child every Easter beginning in 2007. Custody of Avelina on her birthday shall be on a rotating annual basis beginning in 2007. Father shall have custody of Avelina on her birthday in 2007. Mother and Father shall each have custody of minor child for two (2) uninterrupted one week periods per calendar year for purposes of vacation with dates to be coordinated by the parties upon 30 days' notice to the other party of a party's intent to schedule such vacation. Mother and Father agree that they will equally coordinate, be responsible for, and pay for transportation of the child to and from periods of visitation with him or her. Notice of Changed Plans Should Mother or Father be unable to exercise partial custody on any particular occasion, he or she shall notify the other party within a reasonable amount of time before the time for partial custody. Any inability or other failure to exercise partial custody shall not be considered a waiver of any right to partial custody as set forth in this agreement. '1? i However, should either party regularly fail to exercise partial custody rights during any period as authorized in this schedule, he or she shall give reasonable notice before again exercising partial custody rights during that period. Modification of Schedule The parties may agree at any time to extend or to reduce this schedule. However, if at any time the parties fail to agree on the extent, instances, or times of partial custody, either party may give notice to the other that partial custody shall be re-instituted strictly in accordance with the schedule as set forth in this Paragraph. 3. Relocation The parties agree that neither will move their primary residence fifty (50) miles or more outside the city of Harrisburg, Pennsylvania. Disparagement Prohibited The parties agree that neither will in any way interfere with the maintenance of the love _and- affection between _the_ child and the other parent. Neither parent will do anything to obstruct the reasonable communication between the child and the other parent by letter, telephone, electronic mail, or other method. Neither will ever speak negatively about the other either to or in front of the child. Rather, each will at all times encourage the development and continuation of a caring parental relationship between the child and the other parent. 4. Drags & Alcohol Both parties agree that they will not consume alcoholic beverages to the point of intoxication during their custodial periods with the child. Additionally, both parties agree that they will not use illegal drugs or controlled substances during their custodial periods with the child. 5. During periods of visitation, the non-custodial parent shall have the right to regular and reasonable telephone access to the child without interference from the custodial parent. 6. The Parties agree that Mother shall be entitled to claim the dependency exemption for the child under the Internal Revenue Tax Code on her tax return for tax year 2006 and in even-numbered years thereafter. The Parties agree that Father shall be entitled to claim the dependency %%nption for the child 11 Magisterial District Judge 12-2-03 DOCKET • Docket Nummbber. CR-000001 1 -09 FIRid OVERVIEW I ATTORNEY PROFILES I PRACTICE AREAS I RESOURCE LAMS j j5 ket COMMONWEALTH OF PENNSYLVANIA g> 2009 by Vrrate li, Schiffroan, Brown & Calhoon, P.C. Ail rights reserved. Disclaimer I Site Hap ZIRKLE, RYAN JOSEPH FinnSitr+c, Ly FinJlae:, lnvi, su i !. uieis hush n,. Serving clients in central Pennsylvania including Harrisburg, Lebanon, Carlisle, Lancaster, York, Lewiston, State College, Gettysburg, Williamsport," 1 Of 1 4e Huntington and Pottsville as well as the following counties;Jiasaicb?sg hla.Jierac?1r 3C 1? LrIAI ??7 L?/°1 banon, Huntingdon, Mifflin, Juniata, Schuylkill, York and Lancaster. . Judge Assigned: JUDY, DAVID H Issue Date: OTN: K 850138-2 File Date: 01/05/2009 Arresting Agency: MIDDLETOWN, POLICE DEPT Case Disp: Arresting Officer: FURE, PETER ANTHONY Disp Date: Complaint/Incident # 20090100015MDT Requested: $0.00 County: DAUPHIN Judgment: $0.00 Township: MIDDLETOWN BORO Case Status: Active DEFENDANT INFORMATION Name: ZIRKLE, RYAN JOSEPH Address: NEW CUMBERLAND, PA 17070 Date Of Birth: 07/27/1982 Sex: Male Race: White CHARGES # Charge Grade Description Disposition 1 35 § 780-113 §§ A311 M MARIJUANA-SMALL AMOUNT PERSONAL USE 2 18 § 5503 §§ A4 S DISORDERLY CONDUCT CALENDAR Schedule Date Event Type status 02112/2009 03:30 PM Preliminary Hearing CASE ACCOUNTING Total Due: $0.00 Total Paid: $0.00 Total Adj: $0.00 Balance: $0.00 SUMMONS Summons Date Summons Action 01/07/2009 SUMMONS ISSUED AFFIANT INFORMATION Name: FURE, PETER ANTHONY 1200 Printed: 01/11/2009 11:49 am Recent entries made in the court 1ftV OfliOSS may not be immediately reflected on terse docltat sheets. Neither the courts of the UniOsd Judicial system of to Commonwealth of Pennsylvania nor the Administrative Moe of Pennsywania Courts assumes any liebibly for inaccurate or delayed date, errors or omissions on these docket sheet Ooclurt sheet infamaton should not be used in pace of a criminal history backWound check, which can only be provided by the Pennsylvania state Police. Employers who do not comply with the provisions of the Criminal History Record Irhfonrallon Act (18 Pa.C.S. Sector 9101 st seq.)may be subject to civa Bability as set font in 18 Pa.C.S. Section 9183. :Axgpx p w 14 UPPAH X?htj_r NO. 1 I" j _ t AL ^i? udge Assigned: )TN: lrresting Agency: westing officer: ,omplainUlncident # ,ounty: Township: Name: Date Of Birth: Magisterial District Judge 12-2-03 DOCKET Docket Number. CR-0000012-09 Criminal Docket COMMONWEALTH OF PENNSYLVANIA SAKOWSKY, LESLIE N CASE INFORMATION JUDY, DAVID H Issue Date: File Date: 01/05/2009 K 850139-3 MIDDLETOWN, POLICE DEPT Case Dlsp: PETER ANTHONY FORE Disp Date: , 2009010015MDT Requested: $0.00 DAUPHIN Judgment: $0.00 MIDDLETOWN BORO Case Status: Active DEFENDANT INFORMATION Address: NEW CUMBERLAND, PA 17070 SAKOWSKY, LESLIE N 10/18/1988 Sex: Female Race: White CHARGES Page 1 of 1 Grade Description Disposition # Charge 1 18 § 2709 §§ Al S HARASSMENT 2 18 § 2701 §§ Al SIMPLE ASSAULT 3 35 § 780-113 §§ A311 M MARIJUANA-SMALL AMOUNT PERSONAL USE 4 18 § 5503 §§ Al S DISORDERLY CONDUCT CALENDAR Event Type status Schedule Date 02/12/2009 03:30 PM Preliminary Hearing CASE ACCOUNTING Total Due: $0.00 Total Adj: $0.00 Total Paid: $0.00 Balance: $0.00 SUMMONS Summons Date Summons Action 01/07/2009 SUMMONS ISSUED i AFFIANT INFORMATION Name: FURS, PETER ANTHONY Primed: 01/11/2009 11:50 am 1200 system Of Recem entries made ld the Court filing oifioss rosy not be immediately reffecl,d on these docket sheets. Neither the courts of the Willed Judi" errors or the Cammonweem of pwm ytvania nor the Admirdstratim Ollice of Pennsylvania Courts assumes any liabd'dy for inaccurate or delayed can oMy b r omissions on these docket sheets. Docket sheet trdorm Lion should not be used in place Of s crimW fdsoy b&cgrourd check, which provk1ed by the pemayhranis state Poke. Employers who do not comply with the provisions of the CdnwW History Record Imonoation Act (18 Pa.C.S. Section 9101 et seq.) may be sabieet to dd liabiity as set forth in 18 Pa.C.S. Section 9183. L-Y fL 1* -r NO, 1-f Magisterial District Judge 09-1-01 DOCKET Docket Number: CR-0000390-08 Criminal Docket COMMONWEALTH OF PENNSYLVANIA V. ZIRKLE, RYAN JOSEPH Page 1 of 1 CASE INFORMATION Judge Assigned: CLEMENT, JR, CHARLES A Issue Date: OTN: L 438547-4 File Date: 09112/2008 Arresting Agency: NEW CUMBERLAND, POLICE DEPT Case Disp: Guilty By Plea Arresting Officer. NAILOR, BRIAN S Disp Date: 09118/2008 Complaint/Incident # NCD200809WI24 Requested: $0.00 County: CUMBERLAND Judgment $0.00 Township: NEW CUMBERLAND BORO Case Status: Adjudicated DEFENDANT INFORMATION Name: ZIRKLE, RYAN JOSEPH Address: HARRISBURG, PA 17109 Date Of Birth: 07/27/1982 Sex: Male Race: White BAIL Bail Type: Monetary Status Date: 09115/2008 Bail Status: Posted Posting Date 09115/2008 Bail Amount $5,000.00 O/S Amount $0.00 Bail Percentage: STBL COMMITMENT Location Commit Reason Commit Date Release Date Release Reason 09/12/2008 9/15/2008 CHARGES # Charge Grade Description Disposition 1 18 § 2701 §§ Al M2 SIMPLE ASSAULT Dismissed (Lower Court) 2 18 § 2709 §§ Al S HARASSMENT - SUBJECT OTHER TO PHYSICAL Guilty Plea (Lower Court) CONTACT CALENDAR Schedule Date Event Type Status 09/12/2008 07:45 AM Arraignment 09/18200811:00 AM Preliminary Hearing GP CASE ACCOUNTING Total Due: $272.00 Total Adj: $272.00 Total Paid: $0.00 Balance: $0.00 AFFIANT INFORMATION Name: NAILOR, BRIAN S Me Printed: 12131/2008 1:58 pm Recent entries made in the court oft omen may not be Komedietely rellected on these docket sheet Neither the court of the unified Judicial System of the Comrnonw"elt h or Parmyt"M nor the Adminialrat" 011109 Of Pennsyhwnm Court aseumea any Rabft for inaccurate or delayed dam, errors or omissions on these docket sheet. Dadket sheet tnfon wAlon should not be used in place of a otnnMrel history background check, which can only be provided by the Pennsylva ft State Police. Employers who do not comply with the provisions of the Cominai History Record infomha8on Act (18 Pa.C.S. Secton 9101 at seq.) may be subject to civil Aablity as set forth in 1 S P&C.S. Section 9183. -.1 -jr--.--- ?...,.... ............ ??..............b? ..... -J ..--- ..........J.,1........................ . -b- . ... ..". Capital B1ueCross 166 Web V Search Home Mail v Profile v Friends v Music Video More v Leslie v iy Pics Videos myspace.comflargeholli ?L My Account Sign Out I've akaays wanter to open my own headshop. Spirituel Progression The rola played by drugs in the resection of conformist America. a revolt cuamouna,t by artistic and social subcultures including he Beats and the Hippies. The rise of marijuana use as a cultural and political statement the advent of LSD, and other psychedelics. hailed by Timothy eary and Ken Kesey and embraced by ree thinkers musicians L Subscribe to this Slog, and young people eager to expand ihetr ronxiousncis. t i more Someone stole the face of my car stereo.... r vier; more All over the place guess... I ra from Meshuggah Lamb of God PE-mcra. to Je?.el Alaunis Mo:Asett, k, some "rep" Tool more is and fewer will's. held above music Itself. I LOVE blues the old shift... The old view more, black man drowning his sorrors overlost loved ones with a :rottle of whiskey on It e view more porch with his guitar moaning to the skies. Aqua Teen Hunger Force <3 Mooninites Vier. All Blog Entries Futurama Family Guy. Intervention South Pad: I've read quite a fe-v.. haven't kept track of all of them. Some auftrs include: Jon Grisham, Poppy 2 Brite. Stephen King Dean Koontz, then other books that are u popular some that aren't so popular. r e G 1 ! Vol http://profile.myspace.com/index.cfin?fusM?chon=mr.viewProfile&friendID=108002165 12/30/2008 ,.AJ VERIFICATION I, Danica A. Zirkle, hereby verify and state that the facts set forth in the foregoing Petition for Emergency Modification of Custody are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. -34904 relating to unsworn verification to authorities. DATE: b I' I q / 20001 CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by first class United States to the following individual set forth below: Ryan J. Zirkle 313 9 h Street New Cumberland, PA 17070 Michael Palermo, Esquire Rominger & Associates 155 Hanover Street Carlisle, PA 17013 Date:pl Attorney ID No. 3 46 3820 Market Stre Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant O c? ^' r:a ?-- ? '. 7 sl O 1 .. fem. ? ?"t ? j rV ? T? ` Q i?? ' " - E i i =?=, ii ?,...J ?? a ~_, ? A `v? ?.s? _., ?? ..-? N?-? ?? w a JAN 9 n 2009 6 RYAN J. ZIRKLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.2005-2444 DANICA A. ZIRKLE, CIVIL ACTION - LAW Defendant CUSTODY EMERGENCY ORDER OF COURT AND NOW, this of#Y of i7AAZtJAAy , 2009 upon review of the attached Petition for Emergency Custody, it is hereby Ordered that temporary physical custody of the minor child Avelina R. Zirkle, is awarded to Danica A. Zirkle until such time as a hearing on this matter is held. Respondent Father Ryan Zirkle shall have periods of supervised physical custody by such persons and at such times as can be agreed upon by the parties. A hearing on the Emergency Petition to Modify Custody and Request for Temporary Physical Custody of Minor Child is hereby scheduled for the(} day of LM A/ , 2009, at - 3,0 Q/p.m, in Courtroom NoS , at the Cumberland County Courthouse, Carlisle, PA. 17013. 1'0 dg - 09 Cpw ?td I- / 6, " /? 1 4 BY THE COURT: J ?`i ? Lw U ?l b 71 S ?? ? .i @i,J RYAN J. ZIRKLE Plaintiff V. DANICA A. ZIRKLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2444 CIVIL ACTION - LAW IN CUSTODY MOTION TO REQUEST A CONTINUANCE TO THE HONORABLE JUDGES OF SAID COURT: AND NOW COMES, Frank C. Sluzis, Esquire, Attorney for the Plaintiff, Ryan J. Zirkle, and respectfully presents the following motion: 1. On or about January 20, 2009, an Emergency Petition to Modify Custody and Request for Immediate Temporary Physical Custody of Minor Child Avelina R. Zirkle was filed by the Defendant, Danica A Zirkle. 2. On or about January 29, 2009, an Emergency Order was signed by this Honorable Court awarding temporary physical custody of the minor child to the Defendant. 3. This Honorable Court has set a hearing date of February 10, 2009 in regards to this matter. 4. On or about February 2, 2009, Plaintiff, Ryan J. Zirkle, retained Attorney Frank C. Sluzis to represent him in this matter. 5. Undersigned Counsel is scheduled to appear in Dauphin County Court of Common Pleas regarding a criminal matter on the same day and time. 6. Undersigned Counsel contacted Attorney Joanne H. Clough, via telephone, on February 2, 2009 to seek concurrence. 7. Attorney Clough concurs with this request. WHEREFORE, Attorney Frank C. Sluzis prays for Your Honorable Court to grant Plaintiff's request that this case, currently scheduled for a Hearing on February 10, 2009, be continued. Respectfully submitted, C. Sluzis, Esquire for Plaintiff Supreme Court ID # 43829 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: 717-657-7770 Fax: 771-657-7797 frankgscaringilaw. com RYAN J. ZIRKLE Plaintiff V. DANICA A. ZIRKLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2444 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Robert D. Turgyan, Paralegal for the Law Firm of Scaringi & Scaringi, P.C., hereby certify that I served a true and correct copy, postage prepaid, Regular U. S. Mail, of a Proposed Order and Motion for Continuance to the following person at the following address and on the date set forth below: Joanne H. Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Date: ?? '2009 c_ c:a "fit a ; ; 'T'f F-q ?J RYAN J. ZIRKLE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. DANICA A. ZIRKLE CIVIL ACTION - LAW Defendant IN d US 7'Uj / PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-captioned action for the Plaintiff, Ryan J. Zirkle, per his request. L- Date: , 2009 ?rar. C. Sluzis & Scaringi, P.C. i0ley gi AID #43 829 2 Linglestown Road, Suite 106 Harrisburg, Pennsylvania 17110 (717) 657-7770 r.s ro. Fri C-11 N { v RYAN J. ZIRKLE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-2444 DANICA A. ZIRKLE CIVIL ACTION - LAW Defendant IN CUSTODY PRAECIPE TO WITHDRAW MOTION TO REQUEST CONTINUANCE TO THE PROTHONOTARY: Please withdraw the Motion to Request action for the Plaintiff, Ryan Zirkle. Date: , 2009 {nuance which was filed in the above-captioned C S ari i & Scaringi, P.C. A rney ID #43829 2000 Linglestown Road, Suite 106 Harrisburg, Pennsylvania 17110 (717) 657-7770 RYAN J. ZIRKLE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-2444 DANICA A. ZIRKLE CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Robert D. Turgyan, Paralegal for the Law Firm of Scaringi & Scaringi, P.C., hereby certify that I served a true and correct copy, postage prepaid, Regular U. S. Mail, of a Praecipe to Withdraw Motion for Continuance to the following person at the following address and on the date set forth below: Joanne H. Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Date: a '2009 Hon. Edward Guido Cumberland County Courthouse Carlisle, PA 17013 ----An r.a c ? 1 ? x 4 P F3 S 't N) ^A RYAN J. ZIRKLE Plaintiff V. DANICA A. ZIRKLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2444 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRAW MOTION TO REQUEST CONTINUANCE TO THE PROTHONOTARY: Please withdraw the Motion to Request Copt action for the Plaintiff, Ryan Zirkle. Date: , 2009 which was filed in the above-captioned submitte , S i & Scaringi, P.C. A rney ID #43829 2000 Linglestown Road, Suite 106 Harrisburg, Pennsylvania 17110 (717) 657-7770 RYAN J. ZIRKLE Plaintiff V. DANICA A. ZIRKLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2444 . CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Robert D. Turgyan, Paralegal for the Law Firm of Scaringi & Scaringi, P.C., hereby certify that I served a true and correct copy, postage prepaid, Regular U. S. Mail, of a Praecipe to Withdraw Motion for Continuance to the following person at the following address and on the date set forth below: Joanne H. Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Date: , 2009 -4 'A Hon. Edward Guido Cumberland County Courthouse Carlisle- PA 17011 x ti rn rnip Y { ! Q 4- CI .45 RYAN J. ZIRKLE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO.2005-2444 DANICA A. ZIRKLE, : CIVIL ACTION - LAW Defendant : CUSTODY CUSTODY STIPULATION WHEREAS, Danica A. Zirkle, herein after referred to a Mother, is the natural mother of the minor child Avelina R. Zirkle born on July 20, 2004 and Ryan J. Zirkle, hereinafter referred to as Father, is the natural father of the child; WHEREAS a Custody Order was initially entered on January 2, 2007, a copy of which is attached to this Stipulation; WHEREAS, on January 20, 2009, Mother filed an Emergency Petition To Modify Custody and Request For Immediate Temporary Physical Custody of Minor Child; WHEREAS, Orders were entered on January 29, 2009 and January 30, 2009 granting Mother temporary physical custody of the minor child and scheduling this matter for a hearing on February 10, 2009 at 1:00 p.m.; WHEREAS Mother and Father desire to resolve this matter and have reached an agreement regarding the temporary custody of the minor child without the need for a hearing on the emergency portion of this Petition; NOW THEREFORE, Mother and Father agree as follows: 1. Ryan J. Zirkle and Danica A. Zirkle shall have shared legal custody of the minor child Avelina R. Zirkle, born on July 20, 2004. 2. Mother, Danica A. Zirkle shall have temporary primary physical custody of the minor child Avelina R. Zirkle until further Order of Court. 3. Father, Ryan J. Zirkle shall have periods of partial physical custody of the minor child Avelina R. Zirkle as follows: a. Every Monday and every Tuesday from 8:00 a.m. until 5:00 p.m. provided the following: 1. Father, Ryan J. Zirkle and his girlfriend, Leslie Sakowsky, shall submit themselves within the next ten days for hair follicle drug testing. Said drug test results shall be provided to Mother and her legal counsel, and to Father and his legal counsel. 2. In the event either Father or his girlfriend's drug testing results are positive for marijuana or any other drugs, the partial physical custody shall be limited to the time set forth above. 3. Father and his girlfriend shall be retested with hair follicle drug testing every 30 days until both Father and girlfriend's drug tests are negative. 4. Mother Danica Zirkle also agrees to have a hair follicle drug test at her own expense and said drug test results shall be released to both parties' legal counsel. b. Once Father and his girlfriend, Leslie Sakowsky's drug test results are negative, Father periods of partial physical custody of the minor child shall be extended from Monday at 8:00 a.m. until Tuesday at 5:00 p.m. C. Father, Ryan Zirkle and his girlfriend, Leslie Sakowsky agree to enter in to comprehensive couples and/or individual counseling to include anger management counseling with a reputable counselor to be mutually agreed to by the parties and their respective legal counsel. The parties acknowledge the cost of said counseling shall be paid by Father and that his financial resources are limited and the cost shall be considered in the selection process. d. The parties acknowledge that Ryan Zirkle and Leslie Sakowsky are currently receiving counseling with a minister at a local church but agree to seek counseling with a licensed psychologist or other reputable therapist with experience counseling couples with anger management issues and said therapist shall be made aware of the September 2008 physical altercation between the parties and Father's subsequent arrest and the dropping of said charges, the January 10/11, 2009 altercation between the parties, any other prior domestic violence altercations and the therapist shall also be given a copy of the arrest documents of the September 2008 incident, the January 1, 2009 incident and a copy of the tape of the message that the girlfriend left for mother on or about January 11, 2009. e. Father, Ryan Zirkle and his girlfriend, Leslie Sakowsky shall continue in said counseling until such time as the selected therapist indicates counseling is no longer necessary and upon successful completion of the counseling a report shall be provided by the therapist to Father's legal counsel and Mother's legal counsel. 4. The parties further agree that once Father Ryan Zirkle and his girlfriend, Leslie Sakowsky receive negative results from the hair follicle drug testing, Mother Danica Zirkle may, at her own expense, require Father and his girlfriend to have another hair follicle drug test up to two times in the next calendar year. 5. The parties agree that this case shall be listed for a conference with a Custody Conciliator on or after 60 days from today's date. 6. The parties further agree that all of the other provisions of the January 2, 2007 Custody Order attached to this Stipulation that are not in conflict with this Stipulation shall remain in full force and effect. 7. The parties agree that this Stipulation shall be entered as an Order of Court. 8. The parties agree Father may exercise his periods of physical custody at his home. 9. The parties agree that the party receiving physical custody shall provide transportation unless otherwise agreed. Father shall not personally drive a car with the child in said car until he has provided a copy of a valid drivers license to Mother. The child must be transported in a child safety seat at all times by all parties. WHEREFORE, Mother and Father each set forth his and her signature here below,lintending to be legally, Wi -7, Clough, Es ire Danica A. Zirkle Date Or?(,14,441 ski Kelly M. Kni ght, Esquire Ryan A. Zirkle Da e 02-10-'09 10:58 FROM- T-029 P001/001 F-142 4. The parties further agree that once Father Ryan Zirkle and his guMeaA Leslie Sakowsky receive negative results from, the hair follicle drug testing, Mother Danica Zirkle may, at her own expenses require Father and his girlfriend to have another hair follicle drug best up to two times in the next calendar year. 5. The parties agree that this cast shall be listed for a conference with a Custody Conciliator on or after 60 days from today's date. 6. The parties ftnther agree that all of the otte=r provisions of the January 7, 2007 Custody Order attached to this Stipulation that are not in conflict with this Stipulation shall remain in full force and effect. 7. The parties agree that this Stipulation shall be entered as an Order of Court. 8. The parties agree Father may exercise his periods of physical custody at his home. 9. The parties agree that the party receiving physical custody sha11 provide transportation unless otherwise agreed. Father shall not personally drive a car with the child in said car until he has provided a copy of a valid drivers license to Mother. The child must be transported in a child safety seat at all times by all parties. WHEREFORE, Mother and Father each set forth his and her signature here below, intending to be legj4y bound. 6211012 ?W07 ("? +'?a fy - .: c:::a ..i _ ?? ? ,r?, :?? .,.r„t .._i .. _ _ ? ,.Z,'t P_... ._ ?? i ?# .. ?p i 6 .? M F1_5a RYAN J. ZIRKLE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO.2005-2444 DANICA A. ZIRKLE, : CIVIL ACTION - LAW Defendant : CUSTODY ORDER AND NOW, this eday of February, 2009 upon review of the attached Stipulation for Custody and in lieu of the hearing scheduled for February 10, 2009, at 1:00 p.m., it is hereby Ordered and Decreed that the attached Custody Stipulation is adopted and entered as an Order of Court. It is further Ordered and Decreed as follows: 1. The physical custody provisions of the January 2, 2007 Custody Order and the January 30, 2009 Order are replaced by the physical custody provisions of this Order as set forth in the attached Stipulation. 2. All of the remaining provisions of the January 2, 2007 Order are incorporated with this Order and remain in effect. 3. This case shall be assigned to a Custody Conciliator and a Custody Conciliation Conference shall be scheduled on or after 60 days from this date. Edward E. Guido, J.. IT-niew S31 JOD 00:1 14.d c ? 83J UWZ flf: RYAN J. ZIRKLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-2444 CIVIL ACTION LAW DANICA A. ZIRKLE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 26, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on __..Tuesday, September 22, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ ac ueline M. Verne Es ie_ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,; ;;?? T!-3? fir "`?'??Il?? ?tl?:? >,i?a ,?i . ??i?v? ?_ ` ?:?. t ? RYAN J. ZIRKLE Plaintiff V. DANICA A. ZIRKLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2444 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Plaintiff, Ryan Zirkle, in the above captioned matter. submi Date: 514elItItA , 2009 TO THE PROTHONOTARY: Garin i & Scaringi, P.C. tto ey ID #43829 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 Kindly enter my appearance on behalf of Plaintiff, Ryan Zirkle, in the above captioned matter. Date: 0- S'3 '2009 2320 North Second Street Harrisburg, PA 17110 (717) 260-3527 ?:: OF THE FP' 2009 SEP 22 PAM 12: J 8 SEP 2 3 2009 Z 1.00 RYAN J. ZIRKLE, Plaintiff V. DANICA A. ZIRKLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-2444 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this 3a day of , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated January 1, 2007 and February 25, 2009 shall remain in full force and effect except as modified hereinafter. 2. Father shall continue with his Batterers and Anger Management Counseling Support Group every other week but shall attempt to find a professional therapist qualified in batterers and anger management counseling. When Father can financially afford a qualified counselor he must attend counseling and disclose his arrest and conviction record to the counselor. 3. Father shall attend weekly AA meetings and provide proof to both counsel that he is attending. 4. Provided Father is not involved in any incidents involving violence or assaults, he shall have the following periods of partial physical custody of the child: A. For the next 2 months, every Saturday from 12:00 noon to 8:00 p.m. B. For the succeeding 2 months, every weekend Saturday at 9:00 a.m. to Sunday at 5:00 p.m. C. Thanksgiving from Thursday at 4:00 p.m. to Friday at 4:00 p.m. D. Christmas Day from 1:00 p.m. to December 26 at 1:00 p.m. 5. Transportation shall be shared such that the receiving party shall transport. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for January 22, 2010 at 9:30 a.m. BY THE RT, Edward E. Guido, J. cci/loanne Harrison Clough, Esquire, Counsel for Mother elly M. Knight, Esquire, Counsel for Father 4 RYAN J. ZIRKLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2444 CIVIL ACTION - LAW DANICA A. ZIRKLE, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 Avelina R. Zirkle DATE OF BIRTH CURRENTLY IN CUSTODY OF July 20, 2004 Mother 2. A Conciliation Conference was held in this matter on September 22, 2009 with the following in attendance: The Mother, Danica A. Zirkle, with her counsel, Joanne Harrison Clough, Esquire, and the Father, Ryan J. Zirkle, with his counsel, Kelly M. Knight, Esquire. 3. The Honorable Edward E. Guido previously entered Orders of Court dated January 2, 2007 and February 25, 2009 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody with Father and his girlfriend undergoing drug testing and couples counseling. 4. The parties agreed to an Order in the form as attached. Date ac eline M. Verney, EsquireOr Custody Conciliator OF THE PROTHIMARY 2019 SEP 30 AM 11: 5 3 CUMBMLR40 COJNIY PENNSYLVA A, A RYAN J. ZIRKLE, Plaintiff V. DANICA A. ZIRKLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.2005-2444 CIVIL ACTION - LAW CUSTODY PRAECIPE FOR WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Joanne Harrison Clough, Esquire, 3820 Market Street, Camp Hill, PA as counsel of record on behalf of Defendant Danica A. Zirkle, in the above captioned action. By submitted, HARRISON DATE: it r ©? Joaat'wX arisbu,C2 oug`Yf Attorne ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: PC Please enter my appearance to represent Defendant, Danica A. Zirkle, in the above captioned action. illy submitted, . COOVER, ESQUIRE DATE: `P -aa"aao9 ?Xri D. Coover, Esquire Attorney ID No.: 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 RYAN J. ZIRKLE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : NO. 2005-2444 DANICA A. ZIRKLE, Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 1 day of December, 2009, I caused the foregoing PRAECIPE FOR WITHDRAW OF APPEARANCE/ PRAECIPE TO ENTER APPEARANCE to counsel for the Plaintiff, Ryan J. Zirkle, by United States First class mail addressed as follows: Kelly Knight, Esquire Cunningham and Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 submitted, eri IT Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 T' ?c r 2H9 DEC s 1 AJ 11 } RYAN J. ZIRKLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. c-? " o NO. 2005-2444 DANICA A. ZIRKLE, `'`-- Defendant CIVIL ACTION - LAW CUSTODY rv MOTION TO WITHDRAW OF ATTORNEY APPEARANCE rv 1. Undersigned counsel was retained by Defendant Danica Zirklec,`to represent her in the custody matter. 2. Undersigned counsel appropriately entered her appearance on the above- mentioned docket on Defendant Danica Zirkle's behalf. 3. Defendant has contacted Attorney Coover and represented to her that since she retained Attorney Coover her and Plaintiff have improved their communication skills and feel that they can both appropriately represent themselves in a conciliation on the above matter. 4. Defendant has made representations that the decision to represent herself is due to financial motivations and not as a result of any dispute between herself and Attorney Coover or any unsatisfaction with Attorney Coover's services. 5. Undersigned counsel called Attorney Kelly Knight to discuss this matter but was advised that Attorney Kelly Knight had herself or was preparing to file a Motion to Withdraw as Counsel for Plaintiff. Attorney Knight's Motion to Withdraw Attorney Appearance does not appear on the docket so the status of Attorney Knight's representation is unknown at the time of the filing of this motion . Accordingly, it is assumed that Attorney Knight does not have a position on this motion. T? ii =-c 6. Judge Guido ha previously been assigned to this case. WHEREFORE, undersigned counsel respectfully requests that this Court grant her motion to withdraw as counsel for Defendant Danica Zirkle. RAeriD. d, Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 RYAN J. ZIRKLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-2444 DANICA A. ZIRKLE, Defendant CIVIL ACTION -LAW CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 22"a day of January 2010,1 caused the foregoing MOTION TO WITHDRAW ATTORNEY APPEARANCE to be served upon opposing counsel via United States First Class mail addressed as follows: Kelly Knight, Esquire Cunningham and Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 submitted, S eri D. Coove, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 z 16 JAN 2 52010 3 RYAN J. ZIRKLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-2444 DANICA A. ZIRKLE, Defendant CIVIL ACTION -LAW CUSTODY ORDER AN NOW, upon consideration of Atto Coover's MO TO WITHD W TTO PE , A rney Sh . Coo 's Moo to Withdraw b G D her a earance on of DEFEND DANICA ZIRKLE i ebv with T A A Rule is issued upon Defendant to show caw-a o y the relief requested herein should not be granted. Rule returnable 10 s. .DAA : vA d11.4" 11 J. Distribution List: ? Kelly Knight, Esquire Cunningham and Chernicoff, P.C., P.O.Box 60457, Harrisburg, PA 17106-0457 Sheri D. Coover, Esquire 44 S. Hanover Street, Carlisle, PA 17013 eoi t - r?01?C£. -? c- , x ? t ? r r I RYAN J. ZIRKLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA o o` V. NO: 2005-2444 W r DANICA A. ZIRKLE, CIVIL ACTION - LAW CUSTODY x Defendant N rv PETITION FOR LEAVE TO WITHDRAW AS COUNSEL The Petition of Cunningham & Chernicoff, P.C. ("Petitioner") for leave to withdraw as counsel for Plaintiff, Ryan J. Zirkle, in the above-captioned matter is as follows: 1. Plaintiff, Ryan J. Zirkle ("Plaintiff'), retained the law firm of Cunningham & Chernicoff, P.C., for the purpose of defending against an Emergency Petition for Custody and concerning his custody rights of his Minor Child against the Defendant, Danica A. Zirkle. 2. Petitioner, on behalf of Plaintiff, negotiated a Custody Stipulation made into a Custody Order on February 25, 2009 and submitted with its Entry of Appearance. 3. Petitioner also attended an additional Custody Conciliation on Plaintiffs behalf. 4. Since the subsequent Custody Conciliation, Plaintiff has been unresponsive to requests for communication from Petitioner and has been uncooperative. 5. Petitioner, in accordance with its ethical obligations, has performed all necessary and required legal services on behalf of Plaintiff. 6. Pennsylvania Rule of Civil Procedure 1012 provides that an attorney's appearance for a party may not be withdrawn without leave of Court unless another attorney has entered or simultaneously enters an appearance for the party and change of J attorney does not delay any stage of litigation. 7. Petitioner is seeking leave of Court to withdraw its appearance as attorney for Plaintiff. 8. The withdrawal of Petitioner at this point will not delay any litigation. 9. There will be no prejudice to the Plaintiff due to Petitioner's withdrawal from this matter. 10. Counsel for Defendant, Sheri D. Coover, Esquire, was provided with a copy of this Petition and does/does not concur. WHEREFORE, Petitioner, Cunningham & Chernicoff, P.C., hereby respectfully requests this Honorable Court enter an Order granting its Petition for Leave to Withdraw its appearance in the above-captioned action. Respectfully By: I.D. #8765 L U 2320 N rth Second Street Harrisburg, P 17110 Telephone: (717) 238-6570 Date: February 1, 2010 VERIFICATION I, Kelly M. Knight, Esquire on behalf of Cunningham & Chernicoff, P.C., verify that the statements made in the foregoing Petition for Leave to Withdraw as Counsel are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities Harrisburg, PA 17110 Date: February 1, 2010 LsLV Nor[n 6econa street CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., certify a true and correct copy of the PETITION FOR LEAVE TO WITHDRAW AS COUNSEL will be served by first class U.S. Mail and/or electronic means on the following parties indicated: Mr. Ryan J. Zirkle 609 Noble Street Lebanon, PA 17042 Date: February 1, 2010 Sheri D. Coover, Esquire Law Office of Sheri D. Coover 44 South Hanover Street Carlisle, PA 17013 CUNNINGHAM & CHERNICOFF, P.C. By: ulieanne Ametrano F:\Home\KKNIGHTIDO S\ZIRKLE.RYAN\Petition to Leave to Withdraw.wpd w. RYAN J. ZIRKLE, Plaintiff V. DANICA A. ZIRKLE, Defendant 2010 I FEB O4 6, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2005-2444 CIVIL ACTION - LAW CUSTODY RULE TO SHOW CAUSE AND NOW, this day of Y '2010, upon consideration of the foregoing Petition, a Rule to Show Cause is issued upon the Plaintiff and the Defendant to show cause, if any they have, why the Petition should not be granted. 45?? Rule returnable 0 D days from _ f zra'ktz L 00, b t "Val d -n i ? i £ V9 3 rn rnFn C „ : r C -n P w 'APR 14 2010 RYAN J. ZIRKLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND C OUNTY, PENNSYLVANIA V. : NO. 2005-2444 CIVIL ACTION .;WCD • r""ii z- tr ' DANICA A. ZIRKLE, - Defendant : IN CUSTODY ORDER OF COURT 4 AND NOW, this t? day of , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated January 1, 2007, February 25, 2009 and September 30, 2009 shall remain in full force and effect except as modified hereinafter. 2. Father's periods of partial physical custody shall be every Monday from 2:00 p.m. to 5:30 p.m. and every Tuesday from 2:00 p.m. to 7:00 p.m. Beginning May 17, 2010, Father's periods of partial physical custody shall be every Monday from 11:30 a.m. to 5:30 p.m. and every Tuesday from 11:30 a.m. to 7:00 p.m. 3. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY "COURT, Edward E. Guido, J. cc/yan J. Zirkle, pro se 140 Eby Lane Middletown, PA 17057 /anica A. Zirkle, pro se 2209G Cedar Run Ext. Camp Hill, PA 17011 3 APR 1 4 20)D RYAN J. ZIRKLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2444 CIVIL ACTION - LAW DANICA A. ZIRKLE, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 Avelina R. Zirkle July 20, 2004 Mother 2. A Conciliation Conference was held in this matter on April 12, 2010 with the following in attendance: The Mother, Danica A. Zirkle, pro se and the Father, Ryan J. Zirkle, pro se. 3. The Honorable Edward E. Guido previously entered Orders of Court dated January 2, 2007, February 25, 2009 and September 30, 2009 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody provided he continue with counseling. 4. The parties agreed to an Order in the form as attached. Date acq ine M. Verney, Esquire Custody Conciliator Ryan J. Zirkle, Plaintiff V. Danica A. Zirkle, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . NO. 2005 - 2444 : IN CUSTODY CIVIL ACTION - lt?k ?rn w` ?J rn? rYa -? V NOTICE OF PROPOSED RELOCATION c TO RYAN J. ZIRKLE: You are hereby notified that Danica A. Zirkle intends to relocate with minor child Avelina R. Zirkle, DOB July 20, 2004. The following information is being provided to you pursuant to 23 Pa. C.S. §5337(c): 1. The address of the intended new residence: 32 Cedar Street Burlington, VT 05401 2. Names of individuals residing in the above address: Jean Waltz Danica Zirkle Avelina Zirkle 3. Home telephone number of intended new address: 802-355-7856 [cell] 4. Child's new school district and school: Burlington School District 5. Date of proposed relocation: August 1, 2011 6. Reasons for the proposed relocation: Mother is relocating to be closer to her family, who reside in Vermont. The relocation will serve as a support system for child. 7. Proposed revised custody schedule: See attached Custody Agreement and Order 8. Pursuant to 23 Pa. C.S.A §5337(c)(x), a counter-affidavit is attached. 9. If you do not file with the court an objection to the proposed relocation within 30 days after receipt of this notice, you shall be foreclosed from objecting to the relocation. Ryan J. Zirkle, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 2444 CIVIL ACTION - LAW Danica A. Zirkle, -- Defendant IN CUSTODY M:;o cn COUNTER - AFFIDAVIT REGARDING RELOCATION *C- =-CO -" This proposal of relocation involves the following child: ; m Avelina R. Zirkle 6 2209 Cedar Run Dr. Ext., Apt. G Camp Hill, PA 17011 I have received a notice of proposed relocation and 1. [?4 I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to the notice. 2. [ ] I do not object to relocation, but I do object to modification of the custody order, and I request a hearing to be scheduled: a. [ ] Prior to allowing Avelina R. Zirkle to relocate. b. [ ] After the child relocates. 3. [ ] I do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand that in addition to checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed form objecting to relocation I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities). Date: ?t ( l ?? C)6'?1 3 Ryan J. Zirkle, Plaintiff V. Danica A. Zirkle, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 2444 CIVIL ACTION - LAW c -q 3 IN CUSTODY =rrnn zx' CUSTODY AGREEMENT AND ORDER' o N 0 i s ? w CO AND NOW, this l day of , 2011 it is agreed by and between Ryan J. Zirkle, Plaintiff (Father) and D nica A. Zirkle, Defendant (Mother), that the Court adopt the following custody agreement as an Order of the Court: 1. The parties agree that this custody Order will amend the April 19, 2010 court order, at the time Mother and child Avelina R. Zirkle, DOB July 20, 2004 relocate to Vermont. 2. Mother and Father shall share legal custody of the minor child Avelina R. Zirkle, as defined in 23 Pa. C.S.A. §5302. 3. Mother and Father shall discuss and cooperate on matter pertaining to the child's health, education, and general welfare, acknowledging that the general well-being of the child is of paramount importance. Mother and Father shall notify the other parent within 24 hours of any medical treatment sought for child. 4. 5. 6 7. place for child to sleep. Mother shall have primary physical custody of child. Father shall have periods of partial physical custody as follows: a. During the school year, father may have periods of partial custody when the child has off for 3 or more school days. b. During summer break, father may have an extended period of partial custody, beginning one week after the start of summer vacation and ending two weeks before the school year resumes. Mother may have periods of visitation during summer vacation. Mother and Father shall not be charged with any additional offenses. Mother and Father shall establish a permanent residence, with an adequate CM rnI- -m x? =° C> _n :Zzi orl b 7r; -c Mother and Father shall not be incarcerated. 9. Mother and Father shall share equally the responsibility of transporting child for Father's periods of partial custody. Mother and Father shall designate a halfway point between Vermont and Pennsylvania, where the custody exchange will take place. In the event that either party is unable to come to the halfway point the party not transporting will reimburse the transporting party for half of travel expenses. 10. Mother shall maintain health insurance for Avelina. Mother and Father shall equally split Avelina's unreimbursed health care costs each calendar year. l 1. Father shall be able to claim child as a dependant on his 2011 federal tax returns. 12. Mother and Father shall provide one another with the following information: a. a phone number and address within one week of any changes to this information; b. the names of any roommates residing in the parent's home; and agree to provide a child abuse/ criminal record clearance of any roommate upon the other parent's request; and c. any and all criminal citations, arrests, or violations of the law in any state. 1.3. Mother and Father shall refrain from disparaging each other in front of child or attempting to interfere with the love and affection between child and the other parent. 14. Mother and Father shall refrain from using drugs and consuming alcohol to the point of intoxication during their custodial period with child. 15. Upon Father relocating to Burlington, Vermont and obtaining a residence that provides adequate sleeping accommodations for child, Mother and Father shall have joint physical custody. 16. Father acknowledges that MidPenn Legal Services only represents the defendant, Danica Zirkle. BY THE COURT Date Edward E. Guido, J. 1 Entered pursuant to the consent of Plaintiff and Defendant: anica A. Z r e Date fr: Amy H' is Mid Pe Legal Services 401 East Louther Street, Ste 103 Carlisle, Pa 17013 Supreme Court ID # 310094 Attorney for Plaintiff . 0 tt ?e'?4 010 I g PIRG S---ee-" 5feel4-an, PA 17113 ,'olPcnn /-,?gaj Ser?iCe_5 alb/ E. Lov4?er S4., S,,1 4e 103 Ca,l, s Ic, PP l7ot 3 ???n, cQ .Zrr-kl? ? ?' o y C e c? <2 r I? Ex? APB ??m p Nr/l , PIq 1 701 oil Z'jx? '-1-_p E7 rv (Your Name) lTiC?7 ?, f Add ress (Your Address) -< - --? City PA Zip: 1-3jo, - ``' Telephone Number 0-14 > iv (Your Telephone Number) k Y Email Address <_'o VV, ' l (dour Email Address) V--? vi -'?' ??L,? Plaintiff (Name of Plaintiff(s) on Attached Custody Order) IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA . ?lawlw-c? V. NO. aabcr._?_ CV,-, CU L?U (Docket Number on Attached Custody Order) K-A l: acg?::- CIVIL ACTION -LAW Defendant (Name of Defendant(s) on Attached Custody : IN CUSTODY Order) PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The petition of i!1PA 5- 21" respectfully (Your Name (You are the Petitioner)) represents that on &P"l < 1 , 20 11 a Custody Order of Court was (Date of the Custody Order Currently in Effect) entered, a true and correct copy of which is attached. 2. The Plaintiff is ?4m) , an adult individual currently (Name of Plaintiff on Attached Custody Order) residing at x-135 ski' 1:?rrjrc, ? q j a (Complete Mailing Address of Plaintiff) The Plaintiff's telephone number is (7l --) (?'L?3q (Telephone Number of Plaintiff) 3. The Defendant is ?)pcN IQk A, 'Z-;Lz f , an adult individual currently (Name of Defendant on Attached Custody Order) Revised 1-11 4 n County Court of Common Pleas ?'6" J residing at 3?- C Amip p" St/e-et P4 1,14 'V 05 1 a (Complete Mailing Address of Defendant) The Defendant's telephone number is (?CA q??l ?_0 L (Telephone Number of Defendant) 4. The attached Order should be modified because: (State in detail, the reason(s) why the attached Order should be modified). S-N R ? ovy v\, czsc ewk C(A? a(LAA- A S i 4 4?J A-,,, ALW N lc Ca4?, 0. tho,-I w-? I (Make Sure that the Current Custody Order is Attached to this Petition) WHEREFORE, Petitioner requests that the Court modify the existing Order because it will be in the best interest of the child(ren). I verify that the statements made in this Petition for Modification of Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Revised 1-11 5 ©County Court of Common Pleas E Date Revised 1-11 a @Zaa flCounty Court of Common Pleas Li 0, , 6r Print Na e Ryan J. Zirkle, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 2444 CIVIL ACTION - LAW Danica A. Zirkle, Defendant IN CUSTODY CUSTODY AGREEMENT AND ORDER AND NOW, this day of , 2011 it is agreed by and between Ryan J. Zirkle, Plaintiff (Father) and Danica A. Zirkle, Defendant (Mother), that the Court adopt the following custody agreement as an Order of the Court: 1. The parties agree that this custody Order will amend the April 19, 2010 court order, at the time Mother and child Avelina R. Zirkle, DOB July 20, 2004 relocate to Vermont. 2. Mother and Father shall share legal custody of the minor child Avelina R. Zirkle, as defined in 23 Pa. C.S.A. §5302. 3. Mother and Father shall discuss and cooperate on matter pertaining to the child's health, education, and general welfare, acknowledging that the general well-being of the child is of paramount importance. Mother and Father shall notify the other parent within 24 hours of any medical treatment sought for child. 4. Mother shall have primary physical custody of child. Father shall have periods of partial physical custody as follows: a. During the school year, father may have periods of partial custody when the child has off for 3 or more school days. R b. During summer break, father may have an extended period of partial custody, beginning one week after the start of summer vacation and ending two weeks before the school year resumes. Mother may have periods of visitation during summer vacation. 6. Mother and Father shall not be charged with any additional offenses. 7. Mother and Father shall establish a permanent residence, with an adequate place for child to sleep. r- ;t:? Mother and Father shall not be incarcerated. 9. Mother and Father shall share equally the responsibility of transporting child for Father's periods of partial custody. Mother and Father shall designate a halfway point between Vermont and Pennsylvania, where the custody exchange will take place. In the event that either party is unable to come to the halfway point the party not transporting will reimburse the transporting party for half of travel expenses. 10. Mother shall maintain health insurance for Avelina. Mother and Father shall equally split Avelina's unreimbursed health care costs each calendar year. returns. 11. Father shall be able to claim child as a dependant on his 2011 federal tax 12. Mother and Father shall provide one another with the following information: a. a phone number and address within one week of any changes to this information; b. the names of any roommates residing in the parent's home; and agree to provide a child abuse/ criminal record clearance of any roommate upon the other parent's request; and c. any and all criminal citations, arrests, or violations of the law in any state. 13. Mother and Father shall refrain from disparaging each other in front of child or attempting to interfere with the love and affection between child and the other parent. 14. Mother and Father shall refrain from using drugs and consuming alcohol to the point of intoxication during their custodial period with child. 15. Upon Father relocating to Burlington, Vermont and obtaining a residence that provides adequate sleeping accommodations for child, Mother and Father shall have joint physical custody. 16. Father acknowledges that MidPenn Legal Services only represents the defendant, Danica Zirkle. BY THE COURT Date Edward E. Guido,.i. Entered pursuant to the consent of Plaintiff and Defendant: .r ,Danica A. Zirkle Date Amy H' is MidPe Legal Services 401 East Louther Street, Ste 103 Carlisle, Pa 17013 Ryan T.-Zirh Date Supreme Court ID # 310094 Attorney for Plaintiff Ryan J. Zirkle, Plaintiff V. Danica A. Zirkle, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 2444 CIVIL ACTION - LAW IN CUSTODY COUNTER - AFFIDAVIT REGARDING RELOCATION This proposal of relocation involves the following child: Avelina R. Zirkle 6 2209 Cedar Run Dr. Ext., Apt. G Camp Hill, PA 17011 I have received a notice of proposed relocation and 1. [,X] I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to the notice. 2. [ ] I do not object to relocation, but I do object to modification of the custody order, and I request a hearing to be scheduled: a. [ ] Prior to allowing Avelina R. Zirkle to relocate. b. [ ] After the child relocates. 3. [ ] I do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand that in addition to checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed form objecting to relocation I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities). Date: `?:.j?5?cL? v4w 3- Plaintiff v. u1 CA ..a F Defendant : IN THE COURT OF COMMON PLEAS : a. DAU. P-H1N COUNTY, PENNSYLVANIA NO. 005CV CIVIL ACTION - LAW ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS AND NOW, this day of J tir+r's- , 20L?--upon presentation and consideration of the within petition and attached certification, we grant the relief prayed for, and grant Petitioner leave to proceed with this case in forma pauperis, without the need to pay any costs connected therewith, all of which is pursuant to Pa.R.C.P. No. 240. V`l I?Pvt n Lei a I C'S 12 Z rk/.le cc, A eop" PS Revised 12-09 ,C-D-au-pfth ' County Court of Common Pleas CIA? 4 BY RT: JUDGE ?rM v s - r\j RYAN J. ZIRKLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA r" V. 2005-2444 CIVIL ACTION LAW' DANICA A. ZIRKLE IN CUSTODY DEFENDANT 6 . ? C: .._ X4,:1 ORDER OF COURT AND NOW, ----Monday, June 11, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 03, 2012 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR "THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? (2e1j. eoff y 0?e7--lPo/ ?eve y r169, l? 11'b d? ?? i/Cop Y h,a e md/ /0 !yl et Ir G////, > RYAN J. ZIRKLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2444 CIVIL ACTION - LAW DANICA A. ZIRKLE, Defendant : IN CUSTODY z M ;a - r- 7?m :X" u, r -? C::, ORDER OF COURT AND NOW, this _ day of , 2012, upon ` consideration of the attached Custody Conci ation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room NO, 3 , of the Cuml)erland County Court House, on the 3 / 16?_ day of x.2012, at _9 "IS', o'clock, h. M., at which tine testimony will bet en. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending the hearing, the prior Order of Court of the Honorable Edward E. Guido, J. dated April 18, 2011 shall remain in full force and effect with the following addition. 3. The parties shall have reasonable telephone contact with the child with the non-custodial parent initiating the phone call. 4. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY T T, Edward E. Guido, J. cc Ryan J. Zirkle, pro se 435 Peffer Street Harrisburg, PA 17102 L/ Jessica Holst, Esquire, Counsel for Mother pies Aa..?'ed ?1191/a IR& RYAN J. ZIRKLE, Plaintiff V. DANICA A. ZIRKLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-2444 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 Avelina R. Zirkle July 20, 2004 Mother 2. A Conciliation Conference was held July 3, 2012 with the following individuals in attendance: The Father, Ryan J. Zirkle, pro se and the Mother, Danica A. Zirkle, with her counsel, Jessica Holst, Esquire, MidPenn Legal Services. 3. The Honorable Edward E. Guido previously entered an Order of Court dated April 18, 2011 providing for shared legal custody, Mother having primary physical custody and being permitted to relocate to Vermont, with Father's concurrence. Father had periods of partial physical custody whenever the child had a three day weekend or longer during the school year. Father also had all of the summer, beginning one week after school recessed until two weeks before it resumed. There is a PFA Order from Vermont over an incident in Pennsylvania where Father was allegedly intoxicated while he had physical custody of the child. 4. Father filed for Modification seeking primary physical custody and a relocation of the child to Dauphin County. Father also alleges contempt. Father maintains that the child has been tardy or absent from school 33% of the time. He also asserts that Mother is on Welfare and cannot properly provide for the child. He claims that Mother has started the child in therapy without his consent. Father maintains that Mother has moved twice since she has been in Vermont, that she has exposed the child to various boyfriends and inappropriate activities. He further asserts that Mother has untreated Bi-Polar Disorder and Borderline Personality traits. Finally he maintains that Mother has not permitted contact of the child with other relatives. 5. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody with Father having less physical custody of the child. She suggests Father only have three weeks in the summer. Mother requests an evaluation of Father due to Father's three convictions for DUI and two Drug convictions. Mother denies Father's allegations, claiming she is taking proper care of the child. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo, except to add a reasonable telephone contact paragraph. It is expected that the Hearing will require one-half day. Date cq ine M. Verney, Esquire) d Custody Conciliator