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HomeMy WebLinkAbout06-2806 residence. Since birth, the child has resided with the following person at the following address: Defendant 611-B Geneva Drive, Birth - Katrina A. Zielinski Apt. 14, Present Mechanicsburg, PA 17055 PERSON ADDRESS DATE The mother of the child, Defendant Katrina A. Zielinski, is currently residing at 611-B Geneva Drive, Apt. 14, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is unmarried. The father of the child, Michael J. Sherrick is currently residing at 2300 Brookwood Street, Apt. 3, Harrisburg, Dauphin County, Pennsylvania 17104. He is unmarried. 5. The relationship of Defendant Katrina A. Zielinski to the subject child is that of mother. She currently resides with the subject minor child. 6. The relationship of Defendant Michael J. Sherrick to the subject child is that of father. He currently resides with his mother Ronna L. Horst. 7. The relationship of Plaintiff to the child is that of paternal grandfather. The Plaintiff currently resides with his two sons and with his girlfriend. 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the subject child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the said child. 9. The best interests and permanent welfare of the subject child will be served by granting Plaintiff periods of visitation and partial physical custody of him so that he will be able to know his grandfather and his extended paternal family. 10. Each parent whose parental rights to the subject child has not been terminated and the persons who have physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant him visitation and partial physical custody of the minor child the subject hereof Aidan D. Sherrick-Zielinski. Respect ully Submitted: DATED : - 7'-0 THOMAS M. MC CUTCHEON, Plaintiff VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED : _ a wK e' HOMAS . MC CUT HEON THOMAS M. MC CUTCHEON, Plaintiff VS. KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL 2006 CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Thomas M. McCutcheon do hereby certify that on this day of May 2006, I served a copy of the Complaint for Custody by depositing same in the United States Post Office, Certified Mail Return Receipt Requested, at Harrisburg, Pennsylvania, as follows: Katrina A. Zielinski 611-B Geneva Drive, Apt. 14 Mechanicsburg, PA 17055 DATED: THOMAS M. MC CUTCHEON, Plaintiff N p 'f1 qy n In "'b THOMAS M. MCCUTCHEON PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 06-2806 CIVIL ACTION LAW KATRINA A. ZIELINSKI AND MICHAEL J. SHERRICK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 24, 2006 , 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 MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, July 07, 2006 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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. Greg Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 wi t?I ' ND') .!Ai U :Z tid oc Allw Ogaz RE ENEJ !JL 1 Lng 6 THOMAS M. McCUTCHEON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2806 CIVIL TERM V. KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK, Defendants IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this t`Zrh day of July, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The paternal grandfather, Thomas M. McCutcheon, shall have visitation at the home of the maternal grandparents, David and Julie Gill, on alternating Sunday afternoons from 1:00 p.m. until 3:00 p.m., commencing July 16, 2006. 2. The Custody Conciliation Conference shall reconvene on October 27, 2006 at 8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Groovy, Esquire, 1901 State Street, Camp Hill, PA 17011. BY THE COURT: ' ? + J. Dist: Grace D'Alo, Esquire, 401 E. Louther Street, Ste 103, Carlisle, PA 17013-9477 J .< iY-U L Michael J. Sherrick, 500 Geneva Green, Apt. 5F, Mechanicsburg, PA 17055 44" 1W14-Z" Thomas M. McCutcheon, 22 W. Main Street, Shiremanstown, PA 17011 CIVIL ACTION - LAW ?1 ?:1 ?,1 • ?j? l . ? I ?l -,i ?1 ?: -?( a _? il ?., ? THOMAS M. McCUTCHEON, Plaintiff V. KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK, Defendants NO. 06-2806 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 Aldan D. Sherrick-Zielinzki February 20, 2005 Mother 2. The paternal grandfather filed the Grandparents' Complaint for Visitation and Partial Custody on May 17, 206. A Custody Conciliation Conference was held on July 7, 2006, with the following individuals in attendance: the paternal grandfather, Thomas M. McCutcheon, pro se; the Mother, Katrina A. Zielinski and her counsel, Grace D'Alo, Esquire; the Father, Michael J. Sherrick, pro se. The parties reached an agreement in -M)Yrl? Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA an Order as attached. , Esquire Custody Conciliator :2789M NOV 0 3 2006 THOMAS M. McCUTCHEON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK, Defendants NO. 06-2806 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT (ih AND NOW, this 4 day of November, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order VACATES all prior Orders in this matter. 2. The paternal grandfather, Thomas M. McCutcheon, shall have partial custody at the home of the maternal grandparents, David and Julie Gill, on alternating Sunday afternoons from 1:30 p.m. until 4:30 p.m., commencing November 5, 2006. BY THE COURT: '?k -t ? M. L. Ebert, J. Dist: ace D'Alo, Esquire, 401 E. Louther Street, Ste 103, Carlisle, PA 17013-9477 jMichael J. Sherrick, 500 Geneva Green, Apt. 5F, Mechanicsburg, PA 17055 Aomas M. McCutcheon, 22 W. Main Street, Shiremanstown, PA 17011 a K r? ar( ]...1 I :G H!,V 9- A ON 9G0Z r='71j THOMAS M. McCUTCHEON, Plaintiff V. : NO. 06-2806 CIVIL TERM CIVIL ACTION - LAW KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK, Defendants 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 Aidan D. Sherrick-Zielinski February 20, 2005 DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Mother 2. The parties were seen for a follow-up Custody Conciliation Conference on October 27, 2006 as was planned at the Conference of July 7, 2006. The following individuals were in attendance: the paternal grandfather, Thomas M. McCutcheon, pro se; the mother, Katrina A. Zielinski, and her counsel, Grace D'Alo, Esquire; the father, Michael J. Sherrick, pro se. 3. The parties reached an agreement in the It/?lo Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA an Or r as attached. C) ) Melissa Peel Greevy, Esquire Custody Conciliator 285745 a ?00?+ rt JAN IS THOMAS M. McCUTCHEON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-2806 CIVIL TERM V. CIVIL ACTION - LAW KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK, IN CUSTODY Defendants Ebert, J. - - ORDER OF COURT h? AND NOW, this I'll day of January, 2007, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order VACATES all prior Orders in this matter. 2. The paternal grandfather, Thomas M. McCutcheon, shall have partial custody on alternating Saturday mornings from 10:00 a.m. until 1:00 p.m., commencing January 13, 2007. BY THE COURT: lkk-? M. L. Ebert, J. `( ` Dist: Grace D'Alo, Esquire, 401 E. Louther Street, Ste 103, Carlisle, PA 17013-9477 / 0 7 Michael J. Sherrick, 500 Geneva Green, Apt. 5F, Mechanicsburg, PA 17055 X 17- Thomas M. McCutcheon, 22 W. Main Street, Shiremanstown, PA 17011 p i,'ti-1 t "I R I' Z I :011 HI FAT doz d-]"HI JO - THOMAS M. McCUTCHEON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2806 CIVIL TERM V. KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK, Defendants 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 Aidan D. Sherrick-Zielinski February 20, 2005 Mother 2. Pursuant to a request from the Plaintiff to clarify the Court's November, 2006 Order, a telephone conference was held with the paternal grandfather, Thomas M. McCutcheon, pro se, and counsel for the Mother, Grace D'Alo, Esquire. Mr. McCutcheon was also afforded the opportunity for his son, the child's father, Michael J. Sherrick, to participate in the call. However, Mr. McCutcheon informs us that Mr. Sherrick was not able to participate due to his work hours. 3. The parties agree to two changes to the Order of November 6, 2006. First, a clarification of the language that the Plaintiffs period of partial custody need not be exercised at the home of the maternal grandparents, David and Julie Gill. Thus, the Order will simply say "partial custody" without including any language limited the location of where the partial custody is exercised. Second, Mother's attorney reports that the child is now having only one nap per day in the afternoon. Therefore, Mother prefers that the custodial time be from 10:00 a.m. to 1:00 p.m. The paternal grandfather reports that he is in church at that time, therefore, the Conciliator recommended and the parties agreed to a Saturday morning time in order to accommodate the child's need for a nap. Mother's counsel was able to verify that Mother would agree to this. However, Mother's counsel further reports that Mother will follow the schedule strictly and not allow the paternal grandfather any additional custodial time and that if he persists with seeking additional time, she will request the matter be scheduled for hearing. A . NO. 06-2806 CIVIL TERM ' (/I o / T) I Date - /T, elissa Peel Greevy, Esquire Custody Conciliator :289635 THOMAS M. MCCUTCHEON, PLAINTIFF VS. KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2806 : CIVIL ACTION - LAW : ACTION FOR CUSTODY Judge Assigned: M. L. Ebert Jr., Prior Conciliator Assigned: Melissa P. Greevy, Esquire. PETITION FOR MODIFICATION OF CHILD CUSTODY AND NOW, Petitioner, Michael J. Sherrick, by and through his counsel, Linda A. Clotfelter, files this Petition for Modification of Child Custody, of Aiden D. Zielinski-Sherrick, born February 20, 2005, age 2 years, respectfully stating the following: 1. Petitioner, Michael J. Sherrick, (hereinafter "Father"), is an adult individual who resides at 500 Geneva Drive, Apt. F5, Mechanicsburg, Cumberland County, Pennsylvania 17050. He is the natural father of the child. 2. One Respondent is Thomas M. McCutcheon (hereinafter "Grandfather"), an adult individual who resides at 22 West Main Street, Shiresmantown, Cumberland County, Pennsylvania 17011. He is the paternal grandfather of the child. He concurs with this Petition. 3. The second Respondent is Katrina A. Zielinski, (hereinafter "Mother"), an adult individual who resides at 500 Geneva Drive, Apt C4, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is the natural mother of the child. She does not concur in that she has denied Father's requests for custody and his requests to modify the current Order which has required this filing. 4. The above-docketed case was initiated by a Grandparent's Complaint for Visitation and Partial Physical Custody filed on May 17, 2006. 5. An Order of Court dated January 22, 2007, was entered awarding the Grandfather, partial custody periods on alternating Saturday mornings from 10:00 a.m. to 1:00 p.m., although Mother has been denying Grandfather the ordered custody periods. 6. The current Order of Court does not address legal or physical custody between the parents of the natural child. 7. Mother has limited Father's time with the child and has now repeatedly denied his requests for custody. 8. Most recently, Mother has been ignoring most of Father's attempts to contact her for custody and has also refused to return his calls. 9. Grandfather has agreed to see the child during Father's custody periods upon the modification of the Order. 10. Father seeks primary physical custody of the child. 11. It is in the best interest of the child to award Father primary physical custody of the child for the following reasons: a. Father, who is now married to Amber L. Sherrick, is able to provide a stable, loving home environment for the child where he has his own bed, clothing, and toys. He would also be able to bond with his younger sister and brother. b. Mother has not acted in the best interest of the child when she repeatedly denied Father and Grandfather custody for approximately the last month and despite Father's requests to have the child while Mother is unavailable, she has insisted on leaving the child with the Maternal Grandmother, whom the child now inappropriately calls "Mom." C. Mother is unable to financially support the child since she has not had regular employment for the past three (3) years, allegedly due to ADD, and she relies upon public assistance and SSI. d. Father would encourage the child's relationship with his Mother as well as the parties' extended families, while Mother has severely limited contact with Father and his family. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order of Court awarding the parties shared legal custody; Father primary physical custody; Mother partial physical custody as agreed; and granting such other relief as this Court deems just and proper, pending further Order of Court. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: 1 r1 D L da A. Clotfelter, Esquire orney ID No. 72963 5021 East Trindle Road, Suite Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioner/Father THOMAS M. MC CUTCHEON, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-2806 KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK : CIVIL ACTION - LAW DEFENDANT : ACTION FOR CUSTODY VERIFICATION I, MICHAEL J. SHERRICK, verify that the statements in the foregoing PETITION FOR MODIFICATION OF CHILD CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date:/J2-0?- MI L J. SHERRICK, Petitioner/Father ? ? ? fi ?> 1-"` a+? ?r r.] -i i - . [ `t' ??? i'""? ?'?a . ? C ? ? THOMAS M. MCCUTCHEON, PLAINTIFF VS. KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA, NO.06-2806 : CIVIL ACTION - LAW : ACTION FOR CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Michael J. Sherrick. Petitioner, to proceed in forma pqperis. I, Linda A. Clotfelter, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Date: p 7 (13y: Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER da A. Clotfelter, Esquire rney ID No. 72963 021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioner/Father r> p; z '; n r_ THOMAS M. MCCUTCHEON PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA • 2006-2806 CIVIL ACTION LAW KATRINA A. ZIELINSKI AND MICHAEL J. SHERRICK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 01, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, December 04, 2007 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 age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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/ Dawn S. Sunda ,Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 11 y Ir., - ff"..? LUUZ - :_1 ?'°f 5 DEC 1 2 2A07e THOMAS M. McCUTCHEON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2006-2806 CIVIL ACTION LAW KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK Defendant IN CUSTODY ORDER OF COURT th AND NOW, this 3 day of b tmy%b L(' 200 7 , upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Order. 1. The prior Order of this Court dated January 22, 2007 is vacated and replaced with this 2. The Mother, Katrina A. Zielinski, and the Father, Michael Sherrick, shall have shared legal custody of Aidan D. Zielinski-Sherrick, born February 20, 2005. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 5:00 p.m. through Sunday at 5:00 p.m. beginning Friday, December 14, 2007. In addition, during weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child on Monday from 4:00 p.m. until 7:00 p.m. 5. The paternal Grandfather, Thomas M. McCutcheon, shall have partial physical custody of the Child during the Father's periods of custody as arranged by agreement between the Father and the paternal Grandfather. 6. The parties shall share having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Thanksgiving: The Thanksgiving period of holiday custody shall run from 9:00 a.m. until 7:00 p.m. on Thanksgiving Day. In odd-numbered years, the Mother shall have custody of the Child for Thanksgiving and in even-numbered years, the Father shall have custody for Thanksgiving. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 12:00 noon through Easter Sunday at 12:00 noon, and Segment B, which shall run from Easter Sunday at 12:00 noon through the Monday following Easter at 12:00 noon. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. D. Mother's DU/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 7:00 P.M. E. Child's Birthday: The non-custodial parent shall be entitled to have custody of the Child on the Child's birthday from 5:00 p.m. until 7:00 p.m. unless otherwise arranged by agreement. For the Child's third birthday in 2008, the parties shall cooperate and participate jointly in the Child's birthday party as previously planned for February 23 from 3:00 p.m. until 7:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. Neither parent shall contact the other parent by telephone later than 10:00 p.m. except in the event of an emergency. 8. In the event either party is unavailable to provide care for the Child during his or her period of custody for a period of four (4) hours or more, that parent shall first contact the other parent to offer the opportunity to provide care for the Child before contacting third party caregivers. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on March 11, 2008 at 9:00 a.m. for the purpose of reviewing the custodial arrangements in light of the Father's planned change of residence. 11. 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 THE COURT, Itk -? - M. L. Ebert, Jr. cc: /jinda A. Clotfelter, Esquire - Counsel for Father Adrew C. Sheely, Esquire - Counsel for Mother ,,Romas M. McCutcheon - Paternal Grandfather /ti3,0 l?r? ?', i d+ -:1 f, .. W 17 2008 THOMAS M. McCUTCHEON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2006-2806 CIVIL ACTION LAW KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK Defendant IN CUSTODY ORDER OF COURT AND NOW, this V?k t? day of IAGIP L)A , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Order of this Court dated December 13, 2007 is vacated and replaced with this Order. 2. The Mother, Katrina A. Zielinski, and the Father, Michael Sherrick, shall have shared legal custody of Aidan D. Zielinski-Sherrick, born February 20, 2005. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. Beginning March 21, 2008 and continuing for a period of six (6) weeks, the Father shall have custody of the Child on alternating weekends from Friday at 5:00 p.m. through Tuesday morning, during which time the Child shall be with the Mother during the Father's workdays except Monday, when the Child shall remain with the Father's family throughout the day. The Father shall also have custody of the Child during weeks following the Mother's weekend periods of custody on weekend periods of custody on Monday evening from 5:00 p.m. until 8:00 p.m. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. B. Beginning May 2, 2008, the parties shall alternate having custody of the Child on a weekly basis, with the Mother having custody from Friday morning through the following Friday at 5:00 p.m. and the Father having custody from Friday at 5:00 p.m. through the following Friday morning. With the exception of the Mondays during the Father's weeks of custody during which the Child shall remain with the Father's family, the Mother shall have custody of the Child during the Father's workday periods throughout the week. This schedule shall begin with the Father having custody of the Child on May 2, 2008 to ensure that the parties' alternating weekends continue on the same schedule. C. When the Mother is to receive custody of the Child on the last day of the Father's week or during each day (other than Monday) while the Father is at work, the parties agree that the Father's wife shall contact the Mother when the Child wakes up in the morning, at which time the Mother will pick up the Child at the Father's residence. 4. The parties shall share having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Thanks ig ving: The Thanksgiving period of holiday custody shall run from 9:00 a.m. until 7:00 p.m. on Thanksgiving Day. In odd-numbered years, the Mother shall have custody of the Child for Thanksgiving and in even-numbered years, the Father shall have custody for Thanksgiving. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 12:00 noon through Easter Sunday at 12:00 noon, and Segment B, which shall run from Easter Sunday at 12:00 noon through the Monday following Easter at 12:00 noon. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 7:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child for two (2) non-consecutive weeks during the summer each year upon providing at least thirty (30) days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. The parties acknowledge that the Mother has selected July 18 through July 20 and August 15 through August 17 as part of her vacation time for 2008. 6. The paternal Grandfather, Thomas M. McCutcheon, shall have partial custody of the Child during the Father's periods of custody as arranged by agreement between the Father and the paternal Grandfather. 7. Neither parent shall contact the other parent by telephone later than 10:00 p.m. except in the event of an emergency. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. In the event concerns arise with regard to the Child's adjustment to the changes in the schedule provided by this Order, counsel for either party may contact the conciliator within ninety (90) days of the date of this Order to schedule an additional custody conciliation conference, if necessary. 10. 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 THE COURT, `\ M. L. Ebert, Jr. cc: Linda A. Clotfelter, Esquire - Counsel for Father ?Andrew C. Sheely, Esquire - Counsel for Mother ?4homas M. McCutcheon - Paternal Grandfather CoP i'e.s m a -3?aolo8 __-L?Y) y tM 's THOMAS M. McCUTCHEON Plaintiff VS. KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-2806 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 CUSTODY OF Aidan D. Zielinski-Sherrick February 20, 2005 Mother 2. A custody conciliation conference was held on March 11, 2008, with the following individuals in attendance: the Mother Katrina Zielinski, with her counsel, Andrew C. Sheely, Esquire, and the Father, Michael Sherrick, with his counsel, Linda A. Clotfelter, Esquire. The paternal Grandfather, Thomas M. McCutcheon, did not attend the conference and is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. ;YT1p-,- cl- /. 3 ?yy 8' Date Dawn S. Sunday, Esquire Custody Conciliator 1 i Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) THOMAS M. MCCUTCHEON, Plaintiff VS. KATRINA A. ZIELINSKI, Defendant/Petitioner and MICHAEL J. SHERRICK, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2006-2806 CIVIL ACTION IN CUSTODY MOTHER'S PETITION FOR MODIFICATION OF CUSTODY IN RE: MARCH 19, 2008 ORDER OF COURT Defendant/Petitioner, Katrina A. Zielinski, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Petition for Modification of a Custody Order, and respectfully states as follows: 1. Defendant/Petitioner is Katrina A. Zielinski (hereinafter referred to as "Petitioner"), an adult individual with a current address of 500 Geneva Drive, Apartment D-2, Mechanicsburg, Township of Upper Allen, Cumberland County, Pennsylvania, 17055. 2. Defendant/Respondent is Michael J. Sherrick (hereinafter referred to as "Respondent"), an adult individual with a current address of 500 Geneva Drive, Apartment E-1, Mechanicsburg, Township of Upper Allen, Cumberland County, Pennsylvania, 17055. 3. On or about March 19, 2008, the Court of Common Pleas of Cumberland County entered a custody order involving the parties, minor child, Aidan D. Zielinski-Sherrick, born February 20, 2005. A copy of the custody order is attached hereto as Exhibit "A". 4. Petitioner and Respondent maintain separate apartments within the same apartment complex in the Mechanicsburg School District. 5. Petitioner currently lives alone. 6. Respondent currently resides with his wife, Amber Sherrick, and two other minor children. 7. Subsequent to the most recent custody Order, Petitioner and Respondent have experienced communications problems with implementing the current court order, including compliance with starting and ending custody times, scheduling vacation dates and working with changing work schedules. 8. Petitioner desires to enroll the minor child at a four hour, daily preschool within the Mechanicsburg Senior High School commencing January 21, 2009 so that the minor child may attend preschool and related social activities with other children the same age of the minor child. 9. Petitioner believes that the minor child's enrollment in preschool at the Mechanicsburg Senior High School will assist with pick-up problems and overnight transition issues associated 2 with implementation of paragraph 3B. of the current custody agreement. 10. Petitioner believes that Respondent has improperly permitted the minor child to attend age inappropriate amateur wrestling events negatively impacting the minor child who demonstrates regular and repeated defiant attitude, who acts in a violent manner and who is unruly and uncontrollable after attending these events. 11. Petitioner has become aware of various domestic problems arising while the minor child has resided with his Father, including incidents where the police have been called to disputes or incidents at Father's residence. 12. Subsequent to the most recent custody order, Respondent has failed to recognize the minor child's best interest by smoking or preventing smoking in the presence of the child and failing to insure that appropriate medication and breathing treatments are available for the child. 13. Subsequent to the most recent custody order, Respondent, contrary to the requests of Petitioner, has repeatedly caused the minor child's hair to be cut in "Mohawk" style which Petitioner believes generates anti-social behavior. 14. Petitioner believes that substantial modification to the current custody order, followed by a custody evaluation or court ordered extended family counseling with all 3 adults and children living with the minor child is in the best interests of the minor child. 15. Petitioner seeks to modify the current custody order as follows: a. Modification of the current custody order to eliminate or modify the shared custody arrangement during the upcoming preschool classes to extend non-interrupted custody with Petitioner during preschool, followed by a custody conference prior to the Summer vacation; and b. Directing the completion of a custody evaluation, with costs shared by both parties, for the purpose of establishing a custody contact and schedule which is in the best interest of the minor child, or in the alternative, directing court ordered family counseling between all parties and children living with the minor child; and c. Directing Respondent to refrain from permitting smoking in the presence of the minor child; and d. Directing Respondent to maintain appropriate medications and equipment to treat the minor child's asthma and related breathing difficulties; and e. Directing Respondent to refrain from causing the child to incur demeaning hair styles; and f. Directing Respondent to refrain from taking the minor child to age inappropriate events, including non-school related, 4 amateur wrestling matches; and g. Directing both parents to assist or cooperate with drop-offs and pick-ups at the Mechanicsburg Senior High School to permit the minor child's participation in preschool activities as offered by the School District. 16. A custody conference is necessary to address the issues set forth herein and modify the existing custody order all for the benefit of the minor child. 17. Petitioner believes that regular, pre-scheduled custody conferences with the Conciliator, or a third party counselor, are in the best interests of the minor child to insure compliance with the requested relief herein. WHEREFORE, Petitioner, Katrina A. Zielinski, respectfully requests that this Honorable Court modify the existing custody with the relief sought in this Petitioner, all of which are in the best interest of the minor child. Res tfull u d, c November z 2008 ndrew C. Sheely, ire PA ID 62469 Attorney for Defendant/Petitioner 127 South Market Street Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net 5 VERIFICATION I, Katrina A. Zielinski, Defendant/Petitioner, hereby verify that the factual allegations set forth in the attached petition are true and correct to the best of my knowledge, information and belief. November 0 2008 Katrina A. Zielinski co F _ Lu cv 4;,,s Exhibit "A" VAR 17 20110r, THOMAS M. McCUTCHEON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2006-2806 CIVIL ACTION LAW KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK Defendant IN CUSTODY ORDER OF COURT AND NOW, this lq44, day of n'Ln e-4 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Order of this Court dated December 13, 2007 is vacated and replaced with this Order. 2. The Mother, Katrina A. Zielinski, and the Father, Michael Sherrick, shall have shared legal custody of Aidan D. Zielinski-Sherrick, born February 20, 2005. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. Beginning March 21, 2008 and continuing for a period of six (6) weeks, the Father shall have custody of the Child on alternating weekends from Friday at 5:00 p.m. through Tuesday morning, during which time the Child shall be with the Mother during the Father's workdays except Monday, when the Child shall remain with the Father's family throughout the day. The Father shall also have custody of the Child during weeks following the Mother's weekend periods of custody on weekend periods of custody on Monday evening from 5:00 p.m. until 8:00 p.m. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. B. Beginning May 2, 2008, the parties shall alternate having custody of the Child on a weekly basis, with the Mother having custody from Friday morning through the following Friday at 5:00 p.m. and the Father having custody from Friday at 5:00 p.m. through the following Friday morning. With the exception of the Mondays during the Father's weeks of custody during which the Child shall remain with the Father's family, the Mother shall have custody of the Child during the Father's workday periods throughout the week. This schedule shall begin with the Father having custody of the Child on May 2, 2008 to ensure that the parties' alternating weekends continue on the same schedule. C. When the Mother is to receive custody of the Child on the last day of the Father's week or during each day (other than Monday) while the Father is at work, the parties agree that the Father's wife shall contact the Mother when the Child wakes up in the morning, at which time the Mother will pick up the Child at the Father's residence. 4. The parties shall share having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Thanksgiving: The Thanksgiving period of holiday custody shall run from 9:00 a.m. until 7:00 p.m. on Thanksgiving Day. In odd-numbered years, the Mother shall have custody of the Child for Thanksgiving and in even-numbered years, the Father shall have custody for Thanksgiving. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 12:00 noon through Easter Sunday at 12:00 noon, and Segment B, which shall run from Easter Sunday at 12:00 noon through the Monday following Easter at 12:00 noon. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 7:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child for two (2) non-consecutive weeks during the summer each year upon providing at least thirty (30) days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. The parties acknowledge that the Mother has selected July 18 through July 20 and August 15 through August 17 as part of her vacation time for 2008. 6. The paternal Grandfather, Thomas M. McCutcheon, shall have partial custody of the Child during the Father's periods of custody as arranged by agreement between the Father and the paternal Grandfather. 7. Neither parent shall contact the other parent by telephone later than 10:00 p.m. except in the event of an emergency. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. In the event concerns arise with regard to the Child's adjustment to the changes in the schedule provided by this Order, counsel for either party may contact the conciliator within ninety (90) days of the date of this Order to schedule an additional custody conciliation conference, if necessary. 10. 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 THE COURT, . L. Eb rt, Jr. J. cc: Linda A. Clotfelter, Esquire - Counsel for Father Andrew C. Sheely, Esquire - Counsel for Mother Thomas M. McCutcheon- Paternal Grandfather ""yE' y s W ay ?.s??'??5 C_; r-'"U (YR `?0YV9 #Si?l?r???f ?1 :'a7t?741V??' y,?yr,, 1 h • b ' I>hEi?? tar fps i, r 4 t ty d•.j od nut ,&A Court V ?? . THOMAS M. McCUTCHEON IN THE COU T OF COMMON PLEAS OF Plaintiff CUMBERLA COUNTY, PENNSYLVANIA vs. 2006-2806 CIVIL ACTION LAW KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK Defendant IN CUSTODY Prior Judge: M. L. Ebert, Jr. IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator sub its the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Aidan D. Zielinski- Sherrick February 20, 2005 Mother 2. A custody conciliation conference was held on M ch 11, 2008, with the following individuals in attendance: the Mother Katrina Zielinski, with her counsel, Andrew C. Sheely, Esquire, and the Father, Michael Sherrick, with his counsel, Linda A. Clotfelter, Esquire. The paternal Grandfather, Thomas M. McCutcheon, did not attend the conference and is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as at c 13 --c-0 Date ` Dawn S. Sunday, Esqu Custody Conciliator CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Petition for modification of a custody order upon the following named individuals this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Linda A. Clotfelter, Esquire 5021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Date: November 26, 2008 THOMAS M. MCCUTCHEON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-2806 CIVIL ACTION LAW KATRINA A. ZIELINSKI, MICHAEL J. SHERRICK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, December 03, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, January 06, 2009 at 3:00 PM 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! Dawn S. Sunda Es q. j 1(n 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 I S :c Wd h- 330 113vill :10 JAN 0 9 2009 a 5 THOMAS M. McCUTCHEON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-2806 CIVIL ACTION LAW KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK Defendant IN CUSTODY ORDER OF COURT -rh AND NOW, this k1 day of ?ah.? ar y 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 19, 2008 is vacated and replaced with this Order. 2. The Mother, Katrina A. Zielinski, and the Father, Michael Sherrick, shall have shared legal custody of Aidan D. Zielinski-Sherrick, born February 20, 2005. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 5:00 p.m. through Sunday at 5:00 p.m., beginning January 9, 2009. 5. The parties shall cooperate in continuing to discuss the custodial arrangements for the summer which will best meet the Child's needs. The parties and counsel shall attend a custody conciliation conference on June 3, 2009 at 9:00 a.m. to address the summer custody issues in the event the parties have not reached a resolution. +'}'lI OVA ASNN.94 ZO ;8 kv r Nor -40 1k 6. The parties shall share having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In every year, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanksgiving: The Thanksgiving period of holiday custody shall run from 9:00 a.m. until 7:00 p.m. on Thanksgiving Day. In odd-numbered years, the Mother shall have custody of the Child for Thanksgiving and in even-numbered years, the Father shall have custody for Thanksgiving. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 12:00 noon through Easter Sunday at 12:00 noon, and Segment B, which shall run from Easter Sunday at 12:00 noon through the Monday following Easter at 12:00 noon. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 7:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. Each party shall be entitled to have custody of the Child for two (2) non-consecutive weeks each year upon providing at least thirty (30) days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Unless otherwise agreed, neither party shall schedule vacation dates under this provision to interfere with the other party's holiday periods of custody. Neither party shall remove the Child from school for vacation without the prior consent of the other parent and the Child's school. 8. The parties agree that beginning in January 2009, the Child be enrolled in the Nursery Lab Program at Mechanicsburg High School five (5) days per week. 9. The paternal Grandfather, Thomas M. McCutcheon, shall have partial custody of the Child during the Father's periods of custody as arranged by agreement between the Father and the paternal Grandfather. 10. Neither parent shall contact the other parent by telephone later than 10:00 p.m. except in the event of an emergency. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. 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 THE COURT, ,%\ -? U." -- M. L. Ebert, Jr. J. cc: /Linda A. Clotfelter, Esquire - Counsel for Father Andrew C. Sheely, Esquire - Counsel for Mother /f'homas M. McCutcheon - Paternal Grandfather ?--o I ES YYt? tl£?, P r THOMAS M. McCUTCHEON Plaintiff vs. KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-2806 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 CUSTODY OF Aidan D. Zielinski-Sherrick February 20, 2005 Mother/Father 2. A custody conciliation conference was held on January 6, 2009, with the following individuals in attendance: the Mother Katrina A. Zielinski, with her counsel, Andrew C. Sheely, Esquire, and the Father, Michael Sherrick, with his counsel, Linda A. Clotfelter, Esquire. The paternal Grandfather, Thomas M. McCutcheon, was not present at the conference. 3. The parties agreed to entry of an Order in the form as attached. ? ? ao Date Dawn S. Sunday, Esquire Custody Conciliator JUN 0 5 2009 THOMAS M. McCUTCHEON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-2806 CIVIL ACTION LAW KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK Defendant IN CUSTODY ORDER AND NOW, this 2nd day of June, 2009 , the conciliator, having been advised by counsel for both parties that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for June 3, 2009 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator F# B)--,?;FIGE OF THE PROTHONOTARY 2004 JUN -8 AM 10. 5 Cumbr:!- L. ":L: JUNTY PE <4 \ SY1..VA N A THOMAS M. MCCUTCHEON, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-2806 M M ` -_ KATRINA A. ZIELINSKI and r MICHAEL J. SHERRICK, u : CIVIL ACTION - LAW - DEFENDANTS : ACTION FOR CUSTODY RULE AND NOW this day of -Yy h t- , 2011, upon consideration of the Petition of Linda A. Clotfelter, Esquire, to withdraw as counsel for the Defendant, a Rule is issued upon all parties to show cause why the Petition should not be granted, returnable 16 days from date of service. BY THE COURT: ?' I L?'4 M.L. Ebert Jr., Judge Distribution: /Linda A. Clotfelter, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050, Attorney for Defendant Andrew C. Sheely, Esquire, 127 South Market Street, Mechanicsburg, PA 17055, Attorney for Plaintiff Michael J. Sherrick, 21 S. Chestnut Street, Mechanicsburg, PA 17055, Respondent 0 ;" Niald THOMAS M. MCCUTCHEON, : IN THE COURT OF COMMON PLgS OF ' PLAINTIFF : CUMBERLAND COUNTY, PENV&NI 'v a -vm vs. ? : NO. 06-2806 ?Z ;0= 01 KATRINA A. ZIELINSKI and Cv -q 2nn a =0'x+7 z MICHAEL J. SHERRICK, :CIVIL ACTION -LAW ?. orn DEFENDANTS : ACTION FOR CUSTODY ... p' AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, do hereby affirm that the Rule dated June 21, 2011, (a copy of which is attached) was sent by United States First Class Mail, postage prepaid, addressed as follows. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. § 4904 relating to unworn falsification to authorities. Michael J. Sherrick Thomas M. McCutcheon Andrew C. Sheely, Esquire 21 South Chestnut Street 22 West Main Street 127 South Market Street Mechanicsburg, PA 17055 Shiresmantown, PA 17011 Mechanicsburg, PA 17055 (Defendant) (Plaintiff) (Attorney for Zielinski) Respectfully submitted, Dated: LAW OFFICE OF LINDA A. CLOTFELTER inda A. Clotfelter, Esquire ttorney ID No. 72963 5021 East Trindle Road, Suite 0 Mechanicsburg, PA 17050 telephone (717) 796-1930 facsimile (717) 796-1933 Attorney for Defendant, Michael J. Sherrick R THOMAS M. MCCUTCHEON, PLAINTIFF VS. KATRINA A. ZIELINSKI and MICHAEL J. SHERRICK, DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2806 CIVIL ACTION - LAW ACTION FOR CUSTODY RULE AND NOW this _ a,4 day of _ June, 2011, upon consideration of the Petition of Linda A. Clotfelter, Esquire, to withdraw as counsel for the Defendant, a Rule is issued upon all parties to show cause why the Petition should not be granted, returnable 610 days from date of service. BY THE COURT: S U. L. P-Joed . Ebert Jr., Judge Distribution: Linda A. Clotfelter, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050, Attorney for Defendant Andrew C. Sheely, Esquire, 127 South Market Street, Mechanicsburg, PA 17055, Attorney for Plaintiff Michael J. Sherrick, 21 S. Chestnut Street, Mechanicsburg, PA 17055, Respondent THOMAS M. MCCUTCHEON, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. • NO. 06-2806 f f_r KATRINA A. ZIELINSKI and MW MICHAEL J. SHERRICK : CIVIL ACTION - LAW DEFENDANT : ACTION FOR CUSTODY -C°'?I ' crr ' V . 1"e1F ZO r' WITHDRAWAL OF APPEARANCE Q ' > Kindly withdraw the appearance of Linda A. Clotfelter, Esquire, of Law Firm o f Linda A. Clotfelter for Defendant, Michael J. Sherrick in the above-captioned matter. Date: 1111 1 //A Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER A. CLOTFELTER, I.D. 72963 5021 E. Trindle Road, Suite 1 Mechanicsburg, PA 17050 Telephone: (717) 796-1930 Fax: (717) 796-1933 ENTRY OF APPEARANCE Kindly enter the appearance of Alice B. Richards, Esquire, in the above-captioned matter. Respectfully submitted, Date: - 9 AA_)? G ? On k LA ALICE B. RICHARD S, ESQUIRE Attorney I.D. 311965 MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717) 909-4060 Fax: (717) 909-4068