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HomeMy WebLinkAbout05-3536 JOHN D. ZIEGLER, III, Plaintiff v. IN THE COURT of COMMON PLEAS, CUMBERLAND COUNlY, PENNSYLVANIA PAULINE M. MOORE, mother and natural guardian of TIFFANY : L. MOORE, -- 'jl: J( No, 0':; <J.J" P Defendant CIVIL ACTION - CUSTODY To: The Judges of Said Court: Complaint for Custody AND NOW this /'7 iy of July, 2005 comes Plaintiff, JOHN D. ZIEGLER, above named, by and through his attomey, John M. Glace, Esquire, and presents this Complaint for Custody as follows: 1. Plaintiff John D. Ziegler, III is an unmarried adult individual who resides at 116 Lighthouse Drive, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania, 17050. 2. Defendant Pauline M. Moore is a married adult individual who resides at 607 3m Street, New Cumberland (Cumberland County), Pennsylvania 17070. She is the mother and natural guardian of Tiffany L. Moore ( dob: 8/10/87) who resides with Defendant, her disabled husband and other individuals at the above address 3. Above Plaintiff and minor Tiffany L. Moore are the biological parents of Jordyn Danielle Ziegler (dob: October 2,2004). Said child was bom out of wedlock. 4. During said infant child's life , she has only resided at 607 3m Street, new Cumberland, P A 17070. 5. Plaintiff, after the bitth of said minor child, resided with Defendant and her daughter; but subsequently moved out. Defendant and her minor daughter have had primary physical custody since the separation of the parties. 6. Defendant and her daughter had often stated that Plaintiff may have unlimited visitation. Minor daughter has begun a relationship with another individual who objects to Plaintiffs presence. Plaintiff has often commented on the unhealthy situation in the Defendant's household. Defendant and her minor daughter have now refused any visitation by Plaintiff whatsoever with his infant daughter. 7. Defendant's residence is a very small house, poorly cleaned, with seven (7) adults including a disabled adult and another infant also residing in the house. The residents include multiple smokers. 8. During Plaintiff's brief residency at said house, the borough police interceded several times for alleged illegal activity. 9, No other custody actions have been commenced in any other jurisdictionCs) nor have the parties entered into a voluntaty agreement. 10. It is interest of the infant child to be in the primary custody of Plaintiff with periods of partial custody with the Defendant grandmother and her daughter Tiffany when Tiffany becomes of age that would be coordinated with their work schedules to assure their presence. 11. All parties of interest have been made party to this action. 12. No named party is a present member of the Armed Services of United States. WHEREFORE, Plaintiff JOHN D. ZIEGLER, III, respectfully requests that this Honorable Court grant him primary physical custody of his daughter JORDYN DANIELLE ZIEGLER with periods of partial physical custody to be specifically delineated and scheduled for Defendant PAULINE M. MOORE, mother and natural guardian of TIFFANY L. MOORE. Respectfully submitted, The Law Offic of John M. Glace VERIFICATION I verifY that the statements made in the foregoing Complaint for Custody are true and correct to the best of my understanding and belief. I understand that false statements herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904, relating to unsworn falsification to authorities. Date: ff AJ $- III j/ John D. Zie r, III CERTIFICATE OF SERVICE I HEREBY CERTIFY that this ~~y of July, 2005 I have served a true and correct copy of the foregoing Complaint for Custody, by fIrst class mail, postage pre- paid, upon: Pauline M. Moore Mother and Natural Guardian of Tiffany 1.. Moore 607 3 ro Street New Cumberland, P A 17070 LAW OFFICES of JOHN M. GLACE Counsel for Plaintiff ~ -, ~ r.;;-- ~ cr- -4 0 c:_ ........ ~ .:s ~ ~ V'\ c: --.. ~ ~-_.; , ;<... c' ~ ../ ~ ~;::;.I "'\ -<: ",- f:: .-> c:;-.;) ~:.;" c.n <..." (-:- f-::'::: ~ w ') "n .-l :J:-ri Glp _,.."n ::j<;J c) (.....) .~-i ;;"I~' (~) ;~; ~~.rn ~::~\ .,.,. ~iJ ',-<; ~::. CD 01 C) JOHN D, ZEIGLER, III PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 05-3536 CIVIL ACTION LAW PAULINE M, MOORE, MOTHER AND NATURAL GUARDIAN OF TIFFANY L. MOORE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, July 22, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Conrthouse, Carlisle on Wednesday, August 24, 2005 , the conciliator, at 8:30 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, All children age live 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 Cnstody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X Gilrov, Esq. 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 oftice, 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 DONaT 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 . ~ ckfw:)f- - ~~ y;..;f'L .:;N ~ /fl;' ~ /~ffL ~ fJ":'/ ~ MY?f"V 50.5eL , \ ~~ -N' 01"",7 n (' . \ ,1" 1....1 ,,'It ....\..\.;'.1 l:):J.' .,'~\" ..,;.v" .. ;:\0 ------ - Iy !ilIlIl9 C; 9nV 03AI3J3M I RECEIVED AUG 26 Zllll5btY' I JOHN D. ZIEGLER, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 6 S-3~ TIFFANY L. MOORE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2-"i /Lday of ~ ~ ,2005, upon consideration of the attached Conciliation Report, ~ is ordered and directed as follows: 1. The caption of the above case shall eliminate Pauline M. Moore as Mother and Natural Guardian in light of the fact that Tiffany L. Moore is now an adult. 2. The Father, John D. Ziegler, III, and the Mother" Tiffany L. Moore, shall enjoy shared legal custody of Jordyn Danielle Ziegler, born October 2, 2004. 3. The Mother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody of the minor child as follows: a. On every Tuesday from 10:00 a.m. until 2:00 p.m. b. On alternating weekends. For the first two weekends, it shall be on Saturday and Sunday from 9:00 a.m. until 7:00 p.m. Starting the third alternating weekend, it will be from 9:00 a.m. on Saturday until 7:00 p.m. on Sunday. c. At such other times as agreed upon by the parties. 5. The following holidays shall be alternated between the parties: Labor Day, New Year's Day, Easter, Memorial Day and July 4th. Father shall have Labor Day 2005, with the parties alternating thereafter. )J.N:,",('('i ~-,. -'. '.'."'1" : i"'::i\q V 91 :8 !dd OS :JfW SOOl ^tf1]1(X~GH.LOUd :JHl :JO ::0+:0-0311:1 6. The Christmas holiday shall be handled with two segments: Segment A shall be from Christmas Eve at noon until Christmas Day at noon, and Segment B shall be from Christmas Day at noon until December 261h at noon. The parties shall alternate these segments each year with Mother having Segment A and Father having Segment B in the year 2005. 7. For the Thanksgiving holiday, that holiday shall be split in two segments, one from 9:00 a.m. until 3:00 p.m., and the second segment being from 3:00 p.m. until 9:00 p.m. The parties shall alternate those segments eal:h year, with Father to have the morning segment in 2005. 8. Father shall always have custody of the minor child on Father's Day, and Mother shall always have custody of the minor child on Mother's Day. This provision shall supercede any other provision of this Order. 9. Each parent will be entitled to at least one week vacation with the minor child during the summer months or otherwise. The parent shall give the other parent at least 60 days notice as to when they intend to exercise vacation. 10. This Order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with a Custody Conciliator for a conference. BY THE COURT, Cc: John M. Glace, Esquire Thomas D. Gould, Esquire ~~&-,I., J.5 0 06' /-"""'\ C~. JOHN D. ZIEGLER, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW PAULINE M. MOORE, MOTHER AND NATURAL GUARDIAN OF TIFFANY L. MOORE, NO. 05-3536 : IN CUSTODY Defendant CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITII THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the child who is the subject of this litigation is as follows: Jordyn Danielle Ziegler, born October 2, 2004 2. A Conciliation Conference was held on August 24, 2005, with the following individuals in attendance: The Father, John D. Ziegler, III, with his cOWlSel, John M. Glace, Esquire The Mother, Tiffany L. Moore, with her counsel, Thomas D. Gould, Esquire 3. The parties agree to the entry of an Order in the fornl as attached. S?~;;s:: O~ c2L Date: