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HomeMy WebLinkAbout06-5885Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 Fax: 717-975-0697 Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA A. FREET Plaintiff V. STEVEN A. ZERANCE Defendant The Defendant is Steven A. Zerance, residing at 1027 Swarthmore Road, New Cumberland, Cumberland County, PA. CUSTODY COMPLAINT 1. The Plaintiff is Melissa A. Freet, residing at 1849 Holly Drive, Camp Hill, Cumberland County, PA 17011. 2 3. Plaintiff seeks custody of the following children: NAME 4 5. Cooper A. Zerance Sarah R. Zerance NO.OL- CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PLACE OF RESIDENCE 1027 Swarthmore Road, New Cumberland, PA. 1849 Holly Drive Camp Hill, PA 17011 The children were born out of wedlock. AGE D.O.B. 5 5/8/01 7 mos 1 3/14/06 The child, Cooper A. Zerance, is presently in the custody of the Defendant, Steven A. - 1 - Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 Fax: 717-975-0697 Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA A. FREET Plaintiff NO. CIVIL TERM V. CIVIL ACTION - LAW STEVEN A. ZERANCE IN CUSTODY Defendant CUSTODY COMPLAINT 1. The Plaintiff is Melissa A. Freet, residing at 1849 Holly Drive, Camp Hill, Cumberland County, PA 17011. 2. The Defendant is Steven A. Zerance, residing at 1027 Swarthmore Road, New Cumberland, Cumberland County, PA. 3. Plaintiff seeks custody of the following children: NAME PLACE OF RESIDENCE AGE D.O.B. Cooper A. Zerance 1027 Swarthmore Road, 5 5/8/01 New Cumberland, PA. Sarah R. Zerance 1849 Holly Drive 7 mos 3/14/06 Camp Hill, PA 17011 4. The children were born out of wedlock. 5. The child, Cooper A. Zerance, is presently in the custody of the Defendant, Steven A. - 1 - 12. The relationship of Plaintiff to the children is that of Mother. 13. The Plaintiff currently resides with the following persons: NAMES RELATIONSHIP Sarah R. Zerance Daughter 14. The relationship of Defendant to the children is that of Father. 15. The Defendant currently resides with the following persons: NAMES RELATIONSHIP Cooper A. Zerance Son Ronald Ft Cheryl Zerance Parents 16. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 17. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 18. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 19. The best interest and permanent welfare of the children will be served by granting: A. Shared legal custody of the Children to the parties; B. Primary physical Custody of the Children to Plaintiff; C. Partial physical custody of the Children to Defendant. 20. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. - 3 - WHEREFORE, Plaintiff requests the Court to grant A. Shared legal custody of the Children to the parties; B. Primary physical Custody of the Children to Plaintiff; C. Partial physical custody of the Children to Defendant. Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 ID No. 32112 Date: lO ?? 6 ? -4- ?_ Respectfully submitted, VERIFICATION I verify that the statements made in this Custody Complaint 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: 1 ???S?OIy -?? a.- Melissa A. Freet - 5 - C : _I CD { ' Q ? ? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA A. FREET Plaintiff V. STEVEN A. ZERANCE Defendant NO. 06-5885 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on October 12, 2006, 1 served a true and correct copy of the Custody Complaint upon the Defendant Steven A. Zerance, by Certified Mail, Restricted Delivery, addressed as follows: Steven A. Zerance 1027 Swarthmore Road New Cumberland, PA 17070 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. DIANE G. DCLIFF, ESQUIRE I e Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff, Melissa A. Freet ;?^.a _ \ . _ (..; :7 . ; >. C7-? ?J ?? +.J 3 .y _ _ f ?) '?%)? i. ___? '^?: ¦ Complete items 1, 2, and 3. Also complete A. Sign e Rem 4 if Restricted Delivery Is desired. ? ¦ Print your name and address on the reverse X Addropse so that we can return the card to you. B.- R by (Printed ) C. Da@ of ¦ Attach this card to the back of the mailpiece, 1 [U or on the front If space permits. 1. Article Addressed to: D. Is delivery address &ffmmt horn Kam 1? ? Yes ff YES, enter delivery address below: 13 No t O 7 S/ -?1r, rl ?Q, i2 3. k" Type Mall ? Express Mail / 0-7 / 1 istered ? Return Receipt for Merchandise v Insured Mail ? C.O.D. 2. ArticleNumbw 7005 0390 0003 2641 5780 - Mansfer ft m swvtce label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT "A" CERTIFIED MAIL RETURN RECEIPT CARD ? ?? ?? _. ...? _ ry? _?? 3 ? -T 4 t?' 1 ? _ .' j y, , y -f r? t r MELISSA A. FREET IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN A. ZERANCE DEFENDANT 06-5885 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, October 13, 2006 , 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 Thursday, November 09, 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/ Dawn S. Sunday, Esq. l) 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 GG f0 % U ? ??r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA A. FREET Plaintiff NO. 06-5885 CIVIL TERM V. : CIVIL ACTION - LAW STEVEN A. ZERANCE IN CUSTODY Defendant STIPULATED CUSTODY AGREEMENT AND NOW this-day of ta)e_,rn A , 2006, Melissa A. Freet, ("Mother") and Steven A. Zerance ("Father") individually "Parent" and collectively "Parents", hereby stipulate and agree to the following regarding custody of their minor children, to wit: Cooper A. Zerance, born 5/8/01 and Sarah R. Zerance, born 3/14/06, (the "Children"): 1. LEGAL CUSTODY: The Parents shall have shared legal custody of the Children. Pursuant to the foregoing, the following shall apply: A. Non-Emergency Major Decisions: Each Parent shall have an equal right, to be exercised jointly with the other Parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. Without limitation as to the foregoing, decisions regarding or relating to the following matters shalt be considered major decisions to be made by the Parents jointly, after discussion and consultation with each other: special schools and/or instructions; choice of day care provider; all necessary medical, optical and dental treatment; psychotherapy; actual or potential litigation involving the Children directly or as a beneficiary, other than custody litigation; public or private school education, whether secular or religious; scholastic and athletic pursuits and other extracurricular activities; enrollment or termination in a particular school or school program; advancing or holding any of the Children back in school; authorizing enrollment in college; authorizing driver's license or purchase of an automobile for any of the Children; authorizing employment; authorizing the marriage of any of the Children; authorizing any of the Children's enlistment in the armed forces; approving a petition for emancipation; authorizing foreign travel, passport application or exchange student Clients /Freet/Custody/ 10.31.06 Custody Agreement; revised 11.8.06 - 1 - status. B. Emergency Decisions: With regard to any emergency decisions which must be made, the Parent having physical custody of Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby, but that Parent shall inform the other Parent of the emergency and consult with him or her as soon as possible. C. Access to Information: Pursuant to the terms of 23 PA. C.S.A. §5309, each Parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious and/or school records, the residence address of the Children 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. D. Information Exchange: Each Parent shall provide the other Parent with information and copies of documents pertaining to the well being of the Children including, but not limited to, the Children's report cards, school meeting notices, vacation schedules, class programs, requests for conferences and/or conference dates, results of diagnostic tests, notices of activities, special event notifications, order forms for school pictures, communications from health care providers and the like within such reasonable time as to make the records and information of reasonable use to the other Parent. E. Notice of Activities and Appointments: Each Parent shall provide the other Parent with reasonable advance notice of any non-emergency medical, dental, optical and/or psychological appointments and/or treatments, and/or school and extracurricular activities. F. School Absences: The then custodial Parent shall notify the other Parent of all school absences and the reason for such absences within forty-eight (48) hours of any occurrence. G. Alcohol and Drugs: During any period of custody or visitation, neither Parent shall Clients/Freet/Custody/ 10.31.06 Custody Agreement; revised 11.8.06 -2- possess or use any illegal controlled substance, nor consume alcoholic beverages to the point of intoxication, nor permit any other person to possess or use any illegal controlled substance, nor consume alcoholic beverages to the point of intoxication in the presence of the Children. Further, both Parents are prohibited from giving the Children alcoholic beverages or illegal controlled substances to use and/or consume. H. Smokine: Neither Parent shall, nor permit any other person to, smoke in any part of a confined area with the Children present. 1. No Derogatory Comments: Neither Parent will undertake, or permit by any other person, by conversation or otherwise, any communication that explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other Parent or extended family members or which may have the effect of the poisoning of the Children's minds against the other Parent. Neither Parent shall attempt, or condone any attempt, directly or indirectly, to estrange the Children from the other Parent. At all times each Parent shall encourage and foster in the Children a sincere respect and affection for the other Parent. J. No Discussion: Neither Parent shall discuss any aspect of the custodial situation, other than finalized custody schedules, with the Children. Neither Parent shall discuss any pending legal action involving the Parents with the Children. Neither Parent shall utilize the Children for purposes of conveying information or inquiries pertaining to the Children and/or any pending legal action to the other Parent. K. Telephone Contact: Both Parents shall be afforded reasonable telephone contact with the Children while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with his or her home phone number. Neither Parent shall unreasonably interfere with the Children's right to privacy during such telephone conversations, nor listen to that conversation on an extension telephone. Each Parent shall see that the Children return the call to the other Parent upon receipt of any message requesting such a return call. L. Residence Address: Each Parent shall at all times provide the other Parent with his or her residence/ address where the Children can be reached when in that Parent's custody. Clients/Freet/Custody/ 10.31.06 Custody Agreement; revised 11.8.06 - 3 - M. Temporary Absence: When the Children will be staying away from the then custodial Parent's residence for a period in excess of 24 hours, that Parent shall provide the other Parent with reasonable notice of the address of the locations where the Children will be staying. N. Relocation: Neither Parent shall relocate the Children from Cumberland County, Pennsylvania on a permanent basis without first obtaining the other Parent's written consent or a Court Order approving said relocation and without first providing the other Parent with at least 60 days advance notice of said relocation. 0. Extracurricular Activities: Both Parents shall honor and participate in the activities that the Children wish to engage in. During a Parent's custodial period, that Parent shall make certain that the Children attend any extracurricular activities and will transport the Children to and from such activities and practices for such activities, in such time so that the Children are able to participate in those activities. Neither Parent, however, will commit the Children to activities that fall during the other Parent's periods of custody without the consent of the other Parent, which consent shall not be unreasonably withheld. The foregoing notwithstanding, a Parent shall not be required to take the Children to an activity if that Parent is out of town during the activity. In the event the custodial Parent is unable to deliver the Children to a particular activity, he or she shall notify the other Parent who shall be entitled to pick up and deliver the Children to the activity and the custodial Parent shall make certain that the Children are ready for pick up in time to timely attend the activity. P. Day Care: The paternal grandfather, Ronald Zerance, shall continue to provide the babysitting/day care for the Children for both Parents while the Parents are working. II PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Children: A. Shared Physical Custody: The Parents shall share physical custody of the Children, in accordance with the following: 1. Weekly Schedule: The shared custody shall be on the basis of a two week CtientslFreetlCustodyl10.31.06Custody Agreement; revised 11.8.06 -4- rotating schedule. a. Week 1/Father: In week one (1) Father shall have custody from Sunday at 7:00 p.m. until Wednesday at the end of Mother's work day; and from Friday at the end of Father's work day until Sunday at 7:00 p.m. Week 1 shall start November 5, 2006. b. Week 1 Mother: In week one (1) Mother shall have custody from Wednesday at the end of Mother's work day until Friday at the end of Father's work day. C. Week 2 Mother: In week two (2), Mother shall have custody from Sunday at 7:00 p.m. until Wednesday at the end of Father's work day; and from Friday at the end of Mother's work day until Sunday at 7:00 p.m. Week 2 shall start November 12, 2006. d. Week 2 Father: In week two (2) Father shall have custody from Wednesday at the end of Father's work day until Friday at the end of Mother's work day. e. Chart of Periods: The following is a chart of the foregoing two (2) week rotating schedule: Wk Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 Custody Father all day Father all day Custody Mother all Custody Father all day transfers to transfers to day transfers to Father at Mother at the Father at end 7:00 prn end of her of his work work day day 2 Custody Mother all Mother all Custody Father all day Custody Mother all transfers to day day transfers to transfers to day Mother at Father at end Mother at 7:00 prn of his work end of her day work day 2. Holidays/Special Days: Physical custody for major holidays and special days shall Clients/ Freet/Custody/ 10. 31.06 Custody Agreement; revised 11.8.06 - 5 - be in accordance with the following schedule: HOLIDAYS TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter If a Parent has custody for both -- -- Easter Day and the weekend encompassing Easter Day, the other Parent will have custody on Easter Day at 3pm instead of the normal 7pm exchange time Memorial Day 7pm on Memorial Day Eve until 7pm Mother Father on Memorial Day July 4th 9am on July 4th until 5pm on July 5th Father Mother Labor Day 7pm on Labor Day Eve until 7pm on Mother Father Labor Day Thanksgiving 5pm on Thanksgiving Eve until 5pm Father Mother Segment A on Thanksgiving Day Thanksgiving 5pm on Thanksgiving Day until 5pm Mother Father Segment B on the day after Thanksgiving Day Christmas Noon on 12/24 until noon on 12/25 Mother Father Segment A Christmas Noon on 12/25 until noon on 12/26 Father Mother Segment B Mothers Day 9am until 7pm on Mother's Day Mother Mother Fathers Day 9am until 7pm on Father's Day Father Father 3. Summer Vacation Time: Each Parent shall be entitled to two (2) uninterrupted weeks of custody of the Children under and subject to the following terms and conditions: a. Consecutive or Non-Consecutive Weeks: The weeks are to be exercised in two (2) non-consecutive one (1) week periods. Ciients/Freet/Custody/ 10. 31.06 Custody Agreement; revised 11.8.06 -6- b. Encompassing Weekend: To the extent possible these weeks shall be scheduled to encompass the selecting Parent's regular alternating week. C. Week Switching: If said scheduling set forth in subparagraph 3 above is not possible or practical, then the Parent selecting the custodial time period that encompasses the other Parent's regular alternating week shall switch weeks with the other Parent so that neither Parent has custody of the Children for more than two (2) consecutive weeks. d. Advance Written Notice: Each Parent must provide the other Parent with at least thirty (30) days advance written notice of his or her intention to exercise each of these custodial weeks. e. Conflict: Should conflict arise between the selection of said weeks the first Parent to notify the other Parent of his or her selection shall have the right to exercise custody on the weeks selected and the other Parent shall select other times for his or her weeks so as to avoid any conflicts. 4. Special Provisions Regarding Weekend Switching: If the exercise of any of the foregoing physical custody periods results in a Parent having physical custody for more than two (2) consecutive full weekends, (Friday through Sunday) so as not to change the regular alternating weekend schedule for the remainder of the year, the Parents shall switch weekends so that neither Parent has physical custody for more than two (2) consecutive weekends. Otherwise the alternating weekend schedule shall not be modified. 5. No Interruption: In the event a Parent has custody on two (2) custody periods which immediately precede or follow each other, that Parent shall have custody of the Children without interruption between the two (2) custody periods. 6. Precedence: The Holiday/Special Day schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek CbentslFreet/Custody/10.31.06 Custody Agreement; revised 11.8.06 .7- custodial periods set forth herein. 7. Modification: The Parents shall be at liberty to modify the physical custodial periods herein provided to accommodate their respective schedules and special events, but both Parents must be in complete agreement to any new or modified terms. 8. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be shared by the Parents. The Parent receiving custody of the Children shall provide the transportation for that custodial exchange. 9. Unavailability: In the event either Parent is unavailable to exercise his or her custodial periods, they shall notify the other Parent accordingly and the other Parent shall be provided with the opportunity to have custody for the period of unavailability. ENTRY OF COURT ORDER: The Parents authorize the Court of Common Pleas of Cumberland County Pennsylvania to enter an Order incorporating the terms of this Stipulated Custody Agreement. IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: {SEAL} MELISSA A. FREET Date:,/ j 1110910 {SEAL} STEVEN A. ZE C Date: Clients lFreetlCustody/ 10. 31.06 Custody Agreement; revised 11. 8.06 -8- p -t_+ 71 R% i? ty NOV 2 8 2006 0"1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA A. FREET Plaintiff V. STEVEN A. ZERANCE Defendant NO. 06-5885 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY CUSTODY ORDER s A AND NOW, this ^1 l day of IV b\ip-\? ? ur , 2006, upon consideration of the within Stipulated Custody Agreement, IT IS HEREBY ORDERED AND DECREED that the Parents' Stipulated Custody Agreement is incorporated into and made a part of this Order the same as if fully set forth herein. BY THE COURT: J. Distribution To: X!o r ney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 rney y for Defendant: Paul J. Esposito, Esquire,?32?0 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268 t J k9r ; Clients/Freet/Custody/ 10.31.06 Custody Agreement; revised 11.8.06 VNVA' SNN3d 0 Z .g WV OE ICON 90OZ AUVXNQHicdd 3H1. do 30L-140-0311A DEC 1 5 2006 MELISSA A. FLEET Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. STEVEN A. ZERANCE Defendant 06-5885 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 13th day of December, 2006, the conciliator, having received no request from either party to either reschedule the conference initially set for November 9, 2006, or to proceed further, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator no ZC .C 1.IJ c 1 330 90,0Z ?kji Freet Petition for Modification of Custody Order Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Petitioner. Melissa A. Freet IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA A. FREET NO. 06-5885 CIVIL TERM Plaintiff V. : CIVIL ACTION - LAW STEVEN A. ZERANCE IN CUSTODY Defendant PETITION FOR MODIFICATION OF CUSTODY ORDER DATED NOVEMBER 29, 2006 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, this 27`h day of March, 2008, the Petitioner, Melissa A. Freet, hereby petitions this Honorable Court for the modification of the Custody Order dated November 29, 2006 and respectfully represents that: 1. Your Petitioner is Melissa A. Freet residing at 1849 Holly Drive, Camp Hill, Cumberland County, Pennsylvania 17011. Petitioner is hereinafter referred to as "Mother". 2. Your Respondent is Steven A. Zerance residing at 1027 Swartmore Road, New Cumberland, Cumberland County, Pennsylvania 17070. Respondent is hereinafter referred to as "Father". 3. Mother and Father are the parents of two (2) minor children, to wit: Cooper A. Zerance, age 6, (DOB 5/8/2001) and Sarah R. Zerance, age 2, (DOB 3/14/2006). Cooper and Sarah are hereinafter referred to as "the Children". -2- 4. On November 29, 2006 an Order of Court was entered pertaining to custody of the Children. The November 29, 2006 Order is hereinafter referred to as the "11/29/2006 Order". A true and correct copy of the 11 /29/2006 Order is attached hereto, marked Exhibit "A" and made a part hereof. 5. In accordance with the terms of the 11 /29/2006 Order the parties share legal and physical custody of the Children. 6. Mother is seeking the modification of the 11 /29/2006 Order. In support thereof, she alleges that the 11 /29/2006 Order should be modified because: a. Father has had 2 DUI convictions and is currently on parole from the last conviction. b. Father recently and maliciously damaged Mother's automobile and criminal charges have been filed against him. If found guilty of those charges he may be sentenced to a term of imprisonment. Additionally a conviction of those charges would be a violation of his DUI parole and may result in an additional term of imprisonment being imposed. C. The parties are not able to cooperate with each other sufficiently to make the continuation joint physical custody feasible or in the Children's best interest; d. Father has anger control problems. e. Father's home environment is no longer an appropriate primary home for the Children. f. Father engages in totally inappropriate conduct towards Mother and about Mother in front of the Children. g. Mother is better suited and able to provide for the best interest of the Children. 7. Mother requests that the 11 /29/2006 Order be modified to provide as follows: A. The parties will continue to have joint legal custody of the Children: - 3 - B. Mother should be granted primary physical custody of the Children C. Father should be granted partial physical custody of the Children in accordance with a schedule to be established by the Court. WHEREFORE, the Mother/ Petitioner respectfully requests this Honorable Court to modify the 11 /29/2006 Order in accordance with the requests of the Mother/ Petitioner. Respectfully submitted, LIFF, ESQUIRE oad Camp Hill, PA 1 7011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Petitioner -4- VERIFICATION Melissa A. Freet verifies that the statements made in this Petition are true and correct. Melissa A. Freet understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 03 / Lv /0 $ 222J r Q +U& Melissa A. Freet, Petitioner - 5 - EXHIBIT "A" NOVEMBER 29, 2006 CUSTODY ORDER -6- NOV 2 8 2006 ?' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA A. FREET Plaintiff NO. 06-5885 CIVIL TERM V. CIVIL ACTION - LAW STEVEN A. ZERANCE IN CUSTODY Defendant CUSTODY ORDER AND NOW, thiy??day of 2 , 2006, upon consideration of the within Stipulated Custody Agreement, IT IS HEREBY ORDERED AND DECREED that the Parents' Stipulated Custody Agreement is incorporated into and made a part of this Order the same as if fully set forth herein. BY THE COURT: J. Distribution To: Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Attorney for Defendant: Paul J. Esposito, Esquire, 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268 Clients/Freet/Custody/ 10.31.06 Custody Agreement; revised 11.8.06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i. MELISSA A. FREET : Plaintiff NO. 06-5885 CIVIL TERM` v. CIVIL ACTION - LAW STEVEN A. ZERANCE IN CUSTODY Defendant STIPULATED CUSTODY AGREEMENT r AND NOW this day of , 2006, Melissa A. Freet, ("Mother") and Steven A. Zerance ("Father") individually "Parent" and collectively "Parents", hereby stipulate and agree to the following regarding custody of their minor children, to wit: Cooper A. Zerance, born 5/8/01 and Sarah R. Zerance, born 3/14/06, (the "Children"): 1. LEGAL CUSTODY: The Parents shall have shared legal custody of the Children. Pursuant to the foregoing, the following shall apply: A. Non-Emergency Major Decisions: Each Parent shall have an equal right, to be exercised jointly with the other Parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. Without limitation as to the foregoing, decisions regarding or relating to the following matters shall be considered major decisions to be made by the Parents jointly, after discussion and consultation with each other: special schools and/or instructions; choice of day care provider; all necessary medical, optical and dental treatment; psychotherapy; actual or potential litigation involving the Children directly or as a beneficiary, other than custody litigation; public or private school education, whether secular or religious; scholastic and athletic pursuits and other extracurricular activities; enrollment or termination in a particular school or school program; advancing or holding any of the Children back in school; authorizing enrollment in college; authorizing driver's license or purchase of an automobile for any of the Children; authorizing employment; authorizing the marriage of any of the Children; authorizing any of the Children's enlistment in the armed forces; approving a petition for emancipation; authorizing foreign travel, passport application or exchange student Clients/Freet/Custody/ 10.31.06 Custody Agreement; revised 11.8.06 - 1 - status. B. Emergency Decisions: With regard to any emergency decisions which must be made, the Parent having physical custody of Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby, but that Parent shall inform the other Parent of the emergency and consult with him or her as soon as possible. C. Access to Information: Pursuant to the terms of 23 PA. C.S.A. 55309, each Parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious and/or school records, the residence address of the Children 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. D. Information Exchange: Each Parent shall provide the other Parent with information and copies of documents pertaining to the well being of the Children including, but not limited to, the Children's report cards, school meeting notices, vacation schedules, class programs, requests for conferences and/or conference dates, results of diagnostic tests, notices of activities, special event notifications, order forms for school pictures, communications from health care providers and the like within such reasonable time as to make the records and information of reasonable use to the other Parent. E. Notice of Activities and Appointments: Each Parent shall provide the other Parent with reasonable advance notice of any non-emergency medical, dental, optical and/or psychological appointments and/or treatments, and/or school and extracurricular activities. F. School Absences: The then custodial Parent shall notify the other Parent of all school absences and the reason for such absences within forty-eight (48) hours of any occurrence. G. Alcohol and Drugs: During any period of custody or visitation, neither Parent shall Clients IFreetlCustody110.31.06 Custody Agreement; revised 11.8.06 .2- possess or use any illegal controlled substance, nor consume alcoholic beverages to the point of intoxication, nor permit any other person to possess or use any illegal controlled substance, nor consume alcoholic beverages to the point of intoxication in the presence of the Children. Further, both Parents are prohibited from giving the Children alcoholic beverages or illegal controlled substances to use and/or consume. H. Smoking: Neither Parent shall, nor permit any other person to, smoke in any part of a confined area with the Children present. 1. No Derogatory Comments: Neither Parent will undertake, or permit by any other person, by conversation or otherwise, any communication that explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other Parent or extended family members or which may have the effect of the poisoning of the Children's minds against the other Parent. Neither Parent shall attempt, or condone any attempt, directly or indirectly, to estrange the Children from the other Parent. At all times each Parent shall encourage and foster in the Children a sincere respect and affection for the other Parent. J. No Discussion: Neither Parent shall discuss any aspect of the custodial situation, other than finalized custody schedules, with the Children. Neither Parent shall discuss any pending legal action involving the Parents with the Children. Neither Parent shall utilize the Children for purposes of conveying information or inquiries pertaining to the Children and/or any pending legal action to the other Parent. K. Telephone Contact: Both Parents shall be afforded reasonable telephone contact with the Children while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with his or her home phone number. Neither Parent shall unreasonably interfere with the Children's right to privacy during such telephone conversations, nor listen to that conversation on an extension telephone. Each Parent shall see that the Children return the call to the other Parent upon receipt of any message requesting such a return call. L. Residence Address: Each Parent shall at all times provide the other Parent with his or her residence/ address where the Children can be reached when in that Parent's custody. Clients/Freet/Custody/ 10. 31.06 Custody Agreement; revised 11. 8.06 - 3 - M. Temporary Absence: When the Children will be staying away from the then custodial Parent's residence for a period in excess of 24 hours, that Parent shall provide the other Parent with reasonable notice of the address of the locations where the Children will be staying. N. Relocation: Neither Parent shall relocate the Children from Cumberland County, Pennsylvania on a permanent basis without first obtaining the other Parent's written consent or a Court Order approving said relocation and without first providing the other Parent with at least 60 days advance notice of said relocation. 0. Extracurricular Activities: Both Parents shall honor and participate in the activities that the Children wish to engage in. During a Parent's custodial period, that Parent shall make certain that the Children attend any extracurricular activities and will transport the Children to and from such activities and practices for such activities, in such time so that the Children are able to participate in those activities. Neither Parent, however, will commit the Children to activities that fall during the other Parent's periods of custody without the consent of the other Parent, which consent shall not be unreasonably withheld. The foregoing notwithstanding, a Parent shall not be required to take the Children to an activity if that Parent is out of town during the activity. In the event the custodial Parent is unable to deliver the Children to a particular activity, he or she shall notify the other Parent who shall be entitled to pick up and deliver the Children to the activity and the custodial Parent shall make certain that the Children are ready for pick up in time to timely attend the activity. P. Day Care: The paternal grandfather, Ronald Zerance, shalt continue to provide the babysitting/day care for the Children for both Parents while the Parents are working. II PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Children: A. Shared Physical Custody: The Parents shall share physical custody of the Children, in accordance with the following: 1. Weekly Schedule: The shared custody shall be on the basis of a two week Clients/Freet/Custody/ 10.31.06 Custody Agreement; revised 11.8.06 -4- rotating schedule. a. Week 1 /Father: In week one (1) Father shall have custody from Sunday at 7:00 p.m. until Wednesday at the end of Mother's work day; and from Friday at the end of Father's work day until Sunday at 7:00 p.m. Week 1 shall start November 5, 2006. b. Week 1 Mother: In week one (1) Mother shall have custody from Wednesday at the end of Mother's work day until Friday at the end of Father's work day. C. Week 2 Mother: In week two (2), Mother shall have custody from Sunday at 7:00 p.m. until Wednesday at the end of Father's work day; and from Friday at the end of Mother's work day until Sunday at 7:00 p.m. Week 2 shall start November 12, 2006. d. Week 2 Father: In week two (2) Father shall have custody from Wednesday at the end of Father's work day until Friday at the end of Mother's work day. e. Chart of Periods: The following is a chart of the foregoing two (2) week rotatinp- schedule: Wk Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 Custody Father all day Father all day Custody Mother all Custody Father all day transfers to transfers to day transfers to Father at Mother at the Father at end 7:00 prn end of her of his work workday day 2 Custody Mother all Mother all Custody Father all day Custody Mother all transfers to day day transfers to transfers to day Mother at Father at end Mother at 7:00 pm of his work end of her day work day 2. Holidays/Special Days: Physical custody for major holidays and special days shall CiientsJFreet/Custody/ 10.31.06 Custody Agreement; revised 11.8.06 - 5 - be in accordance with the following schedule: HOLIDAYS TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter If a Parent has custody for both -- -- Easter Day and the weekend encompassing Easter Day, the other Parent will have custody on Easter Day at 3pm instead of the normal 7pm exchange time Memorial Day 7pm on Memorial Day Eve until 7pm Mother Father on Memorial Day July 4th 9am on July 4th until 5pm on July 5th Father Mother Labor Day 7pm on Labor Day Eve until 7pm on Mother Father Labor Day Thanksgiving 5pm on Thanksgiving Eve until 5pm Father Mother Segment A on Thanksgiving Day Thanksgiving 5pm on Thanksgiving Day until 5pm Mother Father Segment B on the day after Thanksgiving Day Christmas Noon on 12/24 until noon on 12/25 Mother Father Segment A Christmas Noon on 12/25 until noon on 12/26 Father Mother Segment B Mothers Day 9am until 7pm on Mother's Day Mother Mother Fathers Day 9am until 7pm on Father's Day Father Father 3. Summer Vacation Time: Each Parent shall be entitled to two (2) uninterrupted weeks of custody of the Children under and subject to the following terms and conditions: a. Consecutive or Non-Consecutive Weeks: The weeks are to be exercised in two (2) non-consecutive one (1) week periods. CiientslFreetlCustodyl10.31.06 Custody Agreement; revised 11.8.06 - 6 - b. Encompassing- Weekend: To the extent possible these weeks shall be scheduled to encompass the selecting Parent's regular alternating week. C. Week Switching: If said scheduling set forth in subparagraph 3 above is not possible or practical, then the Parent selecting the custodial time period that encompasses the other Parent's regular alternating week shall switch weeks with the other Parent so that neither Parent has custody of the Children for more than two (2) consecutive weeks. d. Advance Written Notice: Each Parent must provide the other Parent with at least thirty (30) days advance written notice of his or her intention to exercise each of these custodial weeks. e. Conflict: Should conflict arise between the selection of said weeks the first Parent to notify the other Parent of his or her selection shall have the right to exercise custody on the weeks selected and the other Parent shall select other times for his or her weeks so as to avoid any conflicts. 4. Special Provisions Regarding Weekend Switchinst: If the exercise of any of the foregoing physical custody periods results in a Parent having physical custody for more than two (2) consecutive full weekends, (Friday through Sunday) so as not to change the regular alternating weekend schedule for the remainder of the year, the Parents shall switch weekends so that neither Parent has physical custody for more than two (2) consecutive weekends. Otherwise the alternating weekend schedule shall not be modified. 5. No Interruption: In the event a Parent has custody on two (2) custody periods which immediately precede or follow each other, that Parent shall have custody of the Children without interruption between the two (2) custody periods. 6. Precedence: The Holiday/Special Day schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek C1 ientslFreetlCustody110.31.06 Custody Agreement; revised 11.8.06 -7- custodial periods set forth herein. 7. Modification: The Parents shall be at liberty to modify the physical custodial periods herein provided to accommodate their respective schedules and special events, but both Parents must be in complete agreement to any new or modified terms. 8. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be shared by the Parents. The Parent receiving custody of the Children shall provide the transportation for that custodial exchange. 9. Unavailability: In the event either Parent is unavailable to exercise his or her custodial periods, they shall notify the other Parent accordingly and the other Parent shall be provided with the opportunity to have custody for the period of unavailability. III. ENTRY OF COURT ORDER: The.Parents authorize the Court of Common Pleas of Cumberland County Pennsylvania to enter an Order incorporating the terms of this Stipulated Custody Agreement. IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: {SEAL} ME ISSA A. FREET Clients/Freet/Custody/ 10.31.06 Custody Agreement; revised 11. 8.06 -8- {SEAL} T40 'r cr ._ "iry 00 v MELISSA A. FREET IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN A. ZERANCE DEFENDANT • 2006-5885 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, April 07, 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, at39 West Main Street, Mechanicsburg, PA .17055 on Tuesday, May 06, 2008 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. 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 Custodv 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 ?pa ?v ? ?"' emu, fo•L 00 ZO .Z wd ?w 'Ri}VV 3 V C:7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA A. FREET NO. 06-5885 CIVIL TERM Plaintiff V. CIVIL ACTION -LAW STEVEN A. ZERANCE IN CUSTODY Defendant AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on April 11, 2008, 1 served a true and correct copy of the Petition for Modification of Custody Order dated November 29, 2006 upon Steven A. Zerance, the Defendant, by Certified Mail, Restricted Delivery, addressed as follows: Steven A. Zerance 1027 Swarthmore Road New Cumberland, PA 17070 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. LIFF, ESQUIR 3448 Trindle Road A 17011 Supreme Court I.D. No. 32112 Attorney for Plaintiff Sworn to and subscribed before me a Notary Public in and for Cumberland County, Pennsylvania this Iff'14day of 11PRtL 12008. NOTARY PUBLIC My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L. Donley, Notary Public Camp Hill Sorn, Cumbert" County M!'talon E*M Sept 23, 2011 Member, Pennsylvania Association of Notaries air ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mail piece, or on the front If space permits. 1. Article Addressed to: r 10 7- 7 5 lt.?1r4h mcr 1-70-70 X StongMre 4A lw.? ?r , Agent B. ai?K1FfPWWO NWel - I C. --- - . - - - 1 (44-V 11 G D. Is delivery address different from item if 0 Yes If YES, enter delivery address below: 0 No ]i4 j Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D.. 1 )id Yes 2. Article Number 7005 0390 0003 2641 5612 (/tansfer fmm servlae tabs!) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT "A" RETURN RECEIPT CARD C3 4N-a Pr', w `ter 3 : ? ? i MAY 2 s me MELISSA A. FREET IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-5885 CIVIL ACTION LAW STEVEN A. ZERANCE Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of h 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a short form custody evaluation to be performed by Deborah Salem. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. All costs of the evaluation shall be shared equally between the parties. The parties shall promptly proceed to initiate the short form custody evaluation and shall schedule and attend all sessions on a timely basis. 2. The parties shall engage in a course of co-parenting counseling with a professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Children. Each party shall be responsible for any costs of individual sessions which are not covered by insurance. Any costs of joint sessions which are not covered by insurance shall be shared equally between the parties. The parties shall select the counselor and contact the counselor's office within ten (10) days of the date of this Order to schedule the initial session. 3. Pending completion of the custody evaluation and agreement of the parties or further Order of Court, the prior Order of this Court dated November 9, 2006 shall continue in effect as modified by this Order. 4. During the summer school break in 2008, the parties shall share having custody of the Children on an alternating weekly basis with the exchange to take place every Sunday at 5:00 p.m. The summer custody schedule shall begin on the first Sunday after the last day of school with the parent who did not have custody over that weekend. The summer custody schedule shall end on the last Sunday before the first day of school. The non-custodial parent shall be entitled to have custody of the Children on Wednesdays from 5:15 p.m. until 8:00 p.m. 5. Within sixty (60) days of receipt of the evaluator's custody recommendations, counsel for either party, or a party pro se, may contact the conciliator to schedule an additional custody conciliation conference if necessary. BY THE COURT, M. L. Ebert, Jr.. J. cc: /Diane G. Radcliffe, Esquire - Counsel for Mother ,Paul J. Esposito, Esquire - Counsel for Father COP 1'es ey%?L%LL S/aq/oS ?Yq ti Dj U aG `7 MELISSA A. FREET Plaintiff VS. STEVEN A. ZERANCE Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 2006-5885 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cooper A. Zerance May 8, 2001 Mother/Father Sarah R. Zerance March 14, 2006 Mother/Father 2. A custody conciliation conference was held on May 6, 2008, with the following individuals in attendance: the Mother, Melissa A. Freet, with her counsel, Diane G. Radcliffe, Esquire, and the Father, Steven A. Zerance, who appeared at the conference without his counsel, Paul J. Esposito, Esquire. 3. The conciliator agreed to delay submission of the Report and Proposed Order to enable the parties to further explore the availability and costs of co-parenting counseling and a custody evaluation. Having been notified by the Mother's counsel and the Father that the parties are committed to proceeding with both of these processes promptly, the conciliator submits an agreed upon Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator Freet Petition for Modification of Custody Order and/or for Contempt Order Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Petitioner. Melissa A. Freet IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA A. FREET : NO. 06-5885 CIVIL TERM Plaintiff V. : CIVIL ACTION - LAW STEVEN A. ZERANCE : IN CUSTODY Defendant PETITION FOR MODIFICATION OF CUSTODY ORDER DATED MAY 28 2008 AND/OR PETITION FOR CONTEMPT ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, this day of October, 2008, the Petitioner, Melissa A. Freet, files the above referenced Petition and respectfully represents that: 1. Your Petitioner is Melissa A. Freet residing at 1849 Holly Drive, Camp Hill, Cumberland County, Pennsylvania 17011. Petitioner is hereinafter referred to as "Mother". 2. Your Respondent is Steven A. Zerance residing at 1027 Swartmore Road, New Cumberland, Cumberland County, Pennsylvania 17070. Respondent is hereinafter referred to as "Father". 3. Mother and Father are the parents of two (2) minor children, to wit: Cooper A. Zerance, age 6, (DOB 5/8/2001) and Sarah R. Zerance, age 2, (DOB 3/14/2006). Cooper and Sarah are hereinafter referred to as "the Children". 4. On May 28, 2008 an Order of Court was entered pertaining to custody of the - 3 - Children. The May 28, 2008 Order is hereinafter referred to as the "5/28/08 Order". A true and correct copy of the 5/28/08 Order is attached hereto, marked Exhibit "A" and made a part hereof. 5. In accordance with the terms of the 5/28/08 Order: A. The parties share legal and physical custody of the Children; B. The parties were to submit themselves and the children to a short form evaluation to be performed by Deb Salem of Interworks, the cost of which evaluation was to be shared equally by the parties. 6. At the time the 5/28/08 Order was entered Father gave his assurances that he has sufficient funds to pay for the short form evaluation and co-parenting counseling. 7. Mother has attended and paid for '/2 of her sessions and has or is making arrangements with Deb Salem to complete her end of the evaluation. She did not complete her end of the evaluation prior to this date because Deb Salem told her to hold off until Father attended at least one session. 8. Father has not attended one of the numerous scheduled sessions for him, has paid no part of the retainer required and has made unbelievable excuses for cancelling his appointments and failing to make the retainer payment. The communication from Deb Salem regarding these matters is attached hereto, collectively marked Exhibit "B" and made a part hereof. COUNT I - MODIFICATION REQUEST 9. Mother incorporates by referenced the averments set forth in paragraphs 1-7 above the same as if fully set forth herein. 10. Mother does not believe that father will ever schedule his sessions with, nor pay the retainer fee, to Deb Salem. 11. Mother does not believe that Father had the money to pay for his end of the evaluation despite his representations to the contrary at the last conciliation. 12. Mother hopes that if another conciliation is held the parties may be able to work out an agreement. -4- 13. If the partes cannot work out an agreement, Mother cannot proceed to a hearing on her custody claim unless the 5/28/08 Order is modified. 14. Mother requests that the 5/28/08 Order be modified to provide as follows: A. The parties will continue to have joint legal custody of the Children; B. Mother should be granted primary physical custody of the Children; C. Father should be granted partial physical custody of the Children in accordance with a schedule to be established by the Court; D. The provision in the 5/28/08 Order regarding the custody evaluation be deleted; E. The provision in the 5/28/08 Order regarding the co-parenting counseling be deleted. WHEREFORE, the Mother/ Petitioner respectfully requests this Honorable Court to modify the 5/28/08 Order in accordance with the requests of the Mother/ Petitioner. COUNT II -CONTEMPT 15. Mother incorporates by referenced the averments set forth in paragraphs 1-14 herein, the same as if fully set forth herein. 16. Respondent has willfully failed to abide by the Order in that he has failed and refused to submit himself to a short form custody evaluation to be performed by Deborah Salem and to pay his 1/2 share of the costs incurred for that evaluation. 17. As the result of the bringing of this Petition and Father's failure to comply with the 5/28/08 Order of Court, Mother has incurred attorneys fees and costs in the estimated amount of $1,000 and claim is made therefor. 18. WHEREFORE, Petitioner requests that Respondent be: a. Held in contempt of court, b. Ordered to schedule, attend, and pay for his share of the costs of the - 5 - evaluation with Deborah Salem; C. Ordered to pay the reasonable attorneys fees and costs incurred by Mother as the result of father's failure to comply with the 5/28/08 Order. Respectfully submitted, ? RADCLIFF, ESQUI ndle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Petitioner -6- VERIFICATION Melissa A. Freet verifies that the statements made in this Petition are true and correct. Melissa A. Freet understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Oz_ 0, ,t' Date: tT0JI01a `IL T Melissa A. Freet, Petitioner -7- CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on October 14, 2008, 1 served a true and correct copy of the Petition for Modification of Custody Order Dated May 28, 2008 and/or Petition for Contempt Order upon the following individuals by mailing same by first class mail, postage prepaid, addressed as follows: Paul J. Esposito, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 and Steven A. Zerance 1027 Swarthmore Road New Cumberland, PA 17070 Respectfully submitted, ANE G. CLIFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Attorney for Plaintiff EXHIBIT "A" MAY 28, 2008 CUSTODY ORDER -s- t MELISSA A. FREET IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA vs. 2006-5885 CIVIL. ACTION LAW STEVEN A. ZERaNCE Defendant IN CUSTODY ORDER OF COURT AND NOW, this , day of 2008. upon consideration of the attached Custody Conciliation Report. it is or 'erect and directed as follows: 1. The parties shall submit themselves. their minor Children. and any other individuals deemed necessary by the evaluator to a short form custody evaluation to be performed by Deborah Salem. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custodv arrangements which will best meet the needs of the Children. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. All costs of the evaluation shall be shared equally between the parties. The parties shall promptly proceed to initiate the short form custody evaluation and shall schedule and attend all sessions on a timely basis. ?. The parties shall engage in a course of co-parenting counseling with a professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Children. Each party shall be responsible for any costs of individual sessions which are not covered by insurance. Anv costs of joint sessions which are not covered by insurance shall be shared equall- between the parties. The parties shall select the counselor and contact the counselors office within ten t 101 days of the date of this Order to schedule the initial session. P ending completion of the custod"d evaluation and aareP1nent of the pa.l"t1eS or further Order of Court. the prior Order of this Court dated November 9. 2006 shall continue in effect as modified by this Order. -l. During the summer school break in 2008_ the parties shall share hay in,, custody of the Children on an alternating weekly basis with the exchange to take place eyerNSundae at 5:00 p.m. Tl:e summer custody schedule shall benzin on the first Sunday after the last day of school with the arent who did not have custodv over that %yeekend. The summer custody schedule shall end on the n last Sundati before the first day of school. The non-custodial parent shall be entitled to ha%e custody oi ti.e Children on Wednesdays from 5:15 p.m. until 8:00 p.m. 5. Within sixty (60) days of receipt of the evaluator's custody recommendations, counsel for either party. or a party pro se. may contact the conciliator to schedule an additional custody conciliation conference if necessary. BY THE COURT. M. L. E ert. Jr.. J. cc: Diane G. Radcliffe. Esquire - Counsel for Mother Paul J. Esposito. Esquire - Counsel for Father MELISSA A. FREET Plaintiff vs. STEVEN A. ZER NICE Defendant Prior Judge: M. L. Ebert. Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA 2006-5885 CIVIL ACTION LAW IN CUSTODY CUSTODY" CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 191-5.3-8, the undersigned Custodv Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cooper A. Zerance May 8, 2001 Mother/Father Sarah R. Zerance March 14. 2006 Mother-/Father 2. A custody conciliation conference was held on May 6. 2008. with the following individuals in attendance: the Mother. Melissa A. Freet. with her counsel. Diane G. Radcliffe. Esquire, and the Father. Steven A. Zerance. who appeared at the conference without his counsel. Paul J. Esposito. Esquire. 3. The conciliator agreed to delay submission of the Report and Proposed Order to enable the parties to further explore the availability and costs of co-parenting counseling and a custody evaluation. Having been notified by the Mothers counsel and the Father that the parties are committed to proceeding with both of these processes promptly. the conciliator submits an agreed upon Order in the form as attached. Date DaN?n S. Sundae. Esquire Custody Conciliator EXHIBIT "B" COMMUNICATION FROM DEBORAH SALEM .Jul U1 VO IL.`+lP IIV I CR'1V VRf\0 NTFR OKK5 %-nj _sr I r? e? IR I- ?Np -Ak DATE: June 30, 2008 TO Steve Zerance 1027 Swarthmore Road New Cumberland, Pa 17070 FROM: Deborah L. Salem, CACD, LPC 4335 A North Front Street Harrisburg, PA 17110 RE: Docket No - 06-5885 Civil Term /I/L3bbb// p.L Clinical Director Deborah L. Salem, CAC, L PC Associates Anthea L. Stebbins, MSW, LSVV Heather M Duncan, BS 4335 North Front St Harrisburg PA 17110 Tel 717-236-6630 Fax 717-236-6677 Frontdesk a@interworksonline.com I received a copy of a court order dated May 28, 2008 in the above referenced matter. The order instructs the parties to participate in the following sereice: Mini custody evaluation. Steve I heard from you back on May 21; 2008 and received your intake information. Since our last conversation I heard from Melissa and we have begun schedulinv for the evaluation. I have left several messages for you to please schedule and have yet to hear back from you. Your prompt attention to this matter is greatly appreciated- Please call our office at 236-6630 to schedule your appointment. 'Thank you, - ?f leather M Duncan Clinical Case Manager Cc: Diane Radcliff, Esq (fax only) Paul Esposito, Esq (fax only) TEj?,,.WWORKS VV e±ti? C' ,al Director Deborah L. Salem, CACD, LPC Associates Anthea L. Stebbins, LSW Heather Duncan, BS ?J 4335 North Front Street, Harrisburg, PA 17110 Tel 717-236-6630 Fax 717-236-6677 frontdesk@interworksonline.com DATE: 08/25/08 TO: Steven Zerance (V Melissa Freet) Deborah L. Salem, CAD, LPC Scheduling for Custody Evaluation FROM: .ru RE: Irzo It has now been almost two weeks since a phone message was left for you to call us and reschedule your third late cancellation to begin your portion of an abbreviated custody evaluation. The evaluation is court ordered and as such, neither you nor I can relieve you of the duty to comply. I am asking that you please return a call to my office and schedule your first appointment as soon as you get this letter. I am under the impression that you are currently represented by Paul Esposito, Esq. Ai? I am therefore, copying this memo to both attorneys so that some resolution to the matter can be managed. They can either address whether it is possible to release you from the court ordered duty to comply with the evaluation or c compel you to comply with the order. Ms. Freet has already paid her retainer and attended half of the required sessions. She was scheduled for the second appointment on the commitment made by you to keep future scheduled appointments after cancelling the first one. A I am prepared, as I stated to you in my phone message, to accept your suggested initial retainer of $800 toward the $1300 that you owe. I will discuss with you when the remaining portion of the retainer is needed at the time you call to schedule. I will await a response. Thank you. CC: Paul Esposito, Esq. Diane Radcliffe, Esq. 10 AN& r-1 ... I NTE.K,-1 OKK5 VV C :al Director Deborah L. Salem, CACD, LPC Associates Anthea L. Stebbins, LSW Heather Duncan, BS 4335 North Front Street, Harrisburg, PA 17110 Tel 717-236-6630 Fax 717-236-6677 frontdeskginterworksonline.com l? 40 DATE: 09/15/08 w* TO: Steven Zerance (V Melissa Freet) FROM: Deborah L. Salem, CAD, LPC RE: Scheduling and Payment of Retainer for Custody Evaluation t Since my last letter to you in the last week of August, you have made and broken several commitments to "drop off' a portion of your retainer to my office. You have also tentatively 'AR committed to an appointment for your first session for Wednesday, 09/24/08 at 5:30 PM on the basis of our belief that you would follow through with your commitment to make a partial payment of your full retainer. At this time, given the fact that you have not followed through with any scheduled appointments or making a payment, I can not hold an appointment time for you. I am further not willing to accept a r partial retainer since it has taken an extraordinary amount of administrative time and expense to deal _ with your lack of follow through with scheduled appointments and/or making payments. Therefore, you are required to forward a cashiers check or a bank check in the amount of $1405.00 to cover your retainer of $1300.00 and one late cancellation fee of $105.00. If the cashiers check or bank ® check is in my office by close of day (5 PM) Wednesday 09/17/08 and if the bank check clears your A bank, I am willing to keep the appointment you scheduled for the 24th. I can not complete your + portion of the evaluation until you comply. I will await a response. Thank you. cc: Paul Esposito, Esq. i Diane Radcliffe, Esq. ri c? c ~ ? ? °rz w? film C-n f.? f ? MELISSA A. FREET IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN A. ZERANCE DEFENDANT 2006-5885 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 21, 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 Thursday, November 13, 2008 at 1:30 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. Sunday, Esgo 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 <,4-? feV - 00?£ rJ/ 1,,0NN ,N,-]r! ?3 :01 V CZ 1.30 BUZ Paul J. Esposito, Esquire I.D.#25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Defendant MELISSA A. FREET, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN A. ZERANCE, Defendant NO. 06-5885 CIVIL ACTON - LAW IN CUSTODY PETITION FOR LEAVE OF COURT TO WITHDRAW APPEARANCE AND NOW, come Paul J. Esposito, Esquire, and Goldberg Katzman, P.C., who respectfully request that they be permitted to withdraw their appearance as counsel of record for Defendant, Steven A. Zerance, in the above-referenced divorce matter, and in support thereof state the following: 1. Petitioners are Paul J. Esposito, Esquire and Goldberg Katzman, P.C., counsel for Defendant, Steven A. Zerance. 2. Respondent is Steven A. Zerance, Defendant in the above-captioned custody matter. Respondent's residential address is 1027 Swarthmore Road, New Cumberland, Cumberland County, Pennsylvania 17070. 4. Based on events and circumstances which have developed during the past several weeks, Petitioners have concluded that they can no longer effectively represent Respondent in this matter. 5. Respondent has failed to respond to Petitioners' correspondence attempting to determine his continued role, if any, in Respondent's behalf, in that there has been virtually no communication between Petitioners and Respondent for some time, notwithstanding the pursuit of legal proceedings by Plaintiff and her attorney. 6. Petitioners' most recent attempt to elicit a response from Respondent was his correspondence of October 3, 2008, a copy of which is attached hereto, made a part hcreof and marked Exhibit "A." 7. Petitioners cannot effectively represent Respondent in this matter, nor does it appear that Respondent wishes to have Petitioners represent him in these proceedings. Petitioners have informed Plaintiffs counsel, Diane Radcliff, Esquire, of their intention to withdraw their appearance and she has indicated her concurrence with same. WHEREFORE, Petitioners respectfully request that this Honorable Court direct that the appearances of Paul J. Esposito, Esquire and Goldberg Katzman, P.C., in behalf of Defendant, Steven A. Zerance, in this matter be withdrawn. 0 -n LI Date: + O , 2008 Respectfully submitted, GOLDBERG KATZMAN, P.C. Paul J. E &0s' Supreme Court ID# 25454 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 :ODMAIPCDOCYDOCSV 65l88V 2 - old er Katzman A full-service law firm. October 3, 2008 -'; ); q Steven A. Zerance 1 • )6 1027 Swarthmore Road , 1 - 1 New Cumberland, PA 17070 R011,11 d N1 Katzm ", Re: Domestic Matters '?lui ?. FSJ>cr`itcr ;lot Dear Mr. Zerance: lay coop,- i 01111`i' 1 RO C1 'Its,- ` ' Enclosed is a copy of correspondence from Att "'" s`" ?"? ` ` 1 1 - orney Diane Radcliff to Dawn S. Sunday, Esquire, Custody Conciliator in your case . 1lutisr, -1 Y . tilt -hael 1. ("-7oce€Izi ??homo 'WJ s1 I continue to receive correspondence from Ms. Radcliff, Ms. Sunday an InterWork d , ?r . s. tE.,;_.n E. C=rub€? Rowe L M;) z•, id - NIL Kindly make your intentions clear regarding my involvement in your case. If you do not wish to h sembr„t ave me represent you, please express that in - i- n for??? Vi- j so that I may seek the Court's permission to form ll -€ . Wismc,- a y withdraw from representing you. If you wish to have me represent you in these m tt Michad F. soda; a ers, please let me know so that we can discuss the appropriate fee arra ngements and respond appropriate) to Attorney Radcliff. Y 10S}1173 Your prompt attention to this matter would be greatly appreciated. ? ?. 1_o, x' ?rlloid f3_ K,,?uan Hcatf,er i P_Etcr,lo Yours very truly, Paul JLl?s sito PJE/sam Enclosures ODMA I PCDOCSI DOCSI163955 U t) Market `street scil ?r,. N". 1lot I2tg Harrisburc 4, RA 1; t)r 12' t '_ tI(,r ,? fi„('s tz CERTIFICATE OF SERVICE On this &) day of &CY , 2008, I certify that a copy of the foregoing was served upon the following counsel of record by placing delivering same in the manner indicated, addressed as follows: VL4 CERTIFIED MAIL and FIRST CLASS MAIL Stephen A. Zerance 1027 Swarthmore Road New Cumberland, PA 17070 Defendant/Respondent VIA FIRST CLASS MAIL Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Dawn S. Sunday, Esquire - Conciliator 39 W. Main Street Mechanicsburg, PA 17055 GOLDBERG KATZMAN, P.C. Paul J. E e it Supreme rt ID #25454 ?'SJ rTI l •a Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Defendant MELISSA A. FREET, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v STEVFNT A. ZER,ANCE, Defendant NO. 06-5885 CIVIL ACTON - LAW IN CUSTODY AMENDED PETITION FOR LEAVE OF COURT TO WITHDRAW APPEARANCE AND NOW, come Paul J. Esposito, Esquire, and Goldberg Katzman, P.C., who respectfully request that they be permitted to withdraw their appearance as counsel of record for Defendant, Steven A. Zerance, in the above-referenced divorce matter, and in support thereof state the following: Petitioners are Paul J. Esposito, Esquire and Goldberg Katzman, P.C., counsel for Defendant, Steven A. Zerance. 2. Respondent is Steven A. Zerance, Defendant in the above-captioned custody matter. 3. Respondent's residential address is 1027 Swarthmore Road, New Cumberland, Cumberland County, Pennsylvania 17070. 4. The Honorable M.L Ebert, Jr., has previously entered an order in this matter, specifically the order of May 28, 2008, pertaining to custody of the minor child. 5. Based on events and circumstances which have developed during the past several weeks, Petitioners have concluded that they can no longer effectively represent Respondent in this matter. 6. Respondent has failed to respond to Petitioners' correspondence attempting to determine his continued role, if any, in Respondent's behalf, in that there has been virtually no communication between Petitioners and Respondent for some time, notwithstanding the pursuit of legal proceedings by Plaintiff and her attorney. 7. Petitioners' most recent attempt to elicit a response from Respondent was his correspondence of October 3, 2008, a copy of which is attached hereto, made a part hereof and marked Exhibit "A." 8. Petitioners cannot effectively represent Respondent in this matter, nor does it appear that Respondent wishes to have Petitioners represent him in these proceedings. 9. Petitioners have informed Plaintiff's counsel, Diane Radcliff, Esquire, of their intention to withdraw their appearance and she has indicated her concurrence with same. WHEREFORE, Petitioners respectfully request that this Honorable Court direct that the appearances of Paul J. Esposito, Esquire and Goldberg Katzman, P.C., in behalf of Defendant, Steven A. Zerance, in this matter be withdrawn. Date: 7, 2008 Respectfully submitted, GOL ERG TZMAN, P.C. Paul J. po C Supreme Court ID# 25454 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 0DMATCD0CYD0CY165833V 2 CERTIFICATE OF SERVICE On this 70 day of G??f 2008, I certify that a copy of the foregoing was served upon the following counsel of record by placing delivering same in the manner indicated, addressed as follows: VIA CERTIFIED MAIL and FIRST CLASS MAIL Stephen A.. Zerance 1027 Swarthmore Road New Cumberland, PA 17070 Defendant/Respondent VIA FIRST CLASS MAIL Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Dawn S. Sunday, Esquire - Conciliator 39 W. Main Street Mechanicsburg, PA 17055 GOLDIE RG KATZMAN, P.C. Paul J. E os' Supreme Court ID #25454 e? ?r ?, ..c j-' ? P- ? ?.? w ?.?? w3 L.4 .. ., ,,.,. r.r MELISSA A. FREET, PLAINTIFF V. STEVEN A. ZERANCE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5885 CIVIL ORDER OF COURT AND NOW, this 17th day of November, 2008, upon consideration of the Petition/Amended Petition for leave to Withdraw Appearance filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Parties to show cause why the relief requested should not be granted; 2. The Parties will file an answer on or before December 8, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ZPaul J. Esposito, Esquire Petitioner Zsteven A. Zerance, Defendant t- Diane G Radcliff, Esquire Attorney for Plaintiff J/Dawn S. Sunday, Esquire bas /I// 716e ,x -L Q3".-XA ? M. L. Ebert, Jr., J. n;;i NOV 1 4 ZUU8 ? MELISSA A. FREET IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2006-5885 CIVIL ACTION LAW STEVEN A. ZERANCE Defendant IN CUSTODY ORDER OF COURT AND NOW, this '4' day of E-ac?? - 1 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 5 of the Cumberland County Court House on the 5`7 day of 2009, at which time testimony will be taken. For purposes of the hearing, the Mother, Melissa A. Freet, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the hearing date. alk- J; 3 O to AN 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated May 28, 2008 shall continue in effect, with the exception of the requirements of the custody evaluation and co-parenting counseling. BY THE COURT, ',Yl -, M. L. Ebert, Jr. cc: ? Diane G. Radcliffe, Esquire - Counsel for Mother Z"Steven A. Zerance - Father Corks M?.t L4Cl. Q.1K 1 t ? ? ? ? ??? '?! ? ? 1E?,?? r •. ? ...? ?S?'t? ? ??t.? "Jo '+ MELISSA A. FREET Plaintiff vs. STEVEN A. ZERANCE Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-5885 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cooper A. Zerance May 8, 2001 Mother/Father Sarah R. Zerance March 14, 2006 Mother/Father 2. A custody conciliation conference was held on November 14, 2008, with the following individuals in attendance: the Mother, Melissa A. Freet, with her counsel, Diane G. Radcliffe, Esquire, and the Father, Steven A. Zerance, who was not represented by counsel. 3. This Court previously entered an Order in this matter on May 28, 2008 under which the parties had shared legal and physical custody during the process of obtaining a short-form custody evaluation by Deborah Salem, which was also required by the Order. The Mother filed this Petition for Contempt and Modification seeking primary physical custody and reimbursement for the evaluation costs which she expended in the evaluation and legal expenses. 4. The parties were not able to reach an agreement at the conference and it will be necessary to schedule a hearing. 5. The Mother's position on custody is as follows: According to the Mother, she attended and paid for her sessions in the custody evaluation process which was initiated with Deborah Salem pursuant to the prior Order of Court. The Mother alleges, based on a letter from Deborah Salem, that the Father failed to follow through with any of his scheduled sessions for the evaluation and therefore 'r nothing further toward obtaining the evaluation could be accomplished. The Mother believes it is important for the Children to have stability during the school year and that a primary custodial situation is necessary to provide that consistency. The Mother indicated that the older Child has been experiencing difficulty in making transitions between the parties and has expressed a preference to stay in one household rather than going back and forth. The Mother seeks primary custody of the Child and also requests reimbursement for her legal expenses and fees paid to the custody evaluator for an evaluation with which the Father agreed during the prior conciliation conference but did not follow through. 6. The Father's position on custody is as follows: The Father agreed that their older Child is experiencing difficulty in the schedule with frequent exchanges of custody and indicated that it is obviously difficult for the Child to go back and forth between the parties as frequently as was the case under the existing schedule. The Father believes that it would be best for the parties to implement an alternating weekly schedule as they had during the summer school break as a way of continuing to share custody but reduce transitions. The Father acknowledged that he did not follow through with the custody evaluation process and indicated that he did not have sufficient financial resources to do so. 7. The conciliator submits an Order in the form as attached scheduling a hearing in this matter. It is anticipated that the hearing will require at least one-half day. Date Dawn S. Sunday, Esquire Custody Conciliator Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Defendant MELISSA A. FREET, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-5885 STEVEN A. ZERANCE, CIVIL ACTON - LAW Defendant IN CUSTODY PETITION TO MAKE RULE ABSOLUTE AND NOW, come Paul J. Esposito, Esquire, and Goldberg Katzman, P.C., and state the following: Movants filed their Amended Petition for Leave of Court to Withdraw Appearance (hereinafter "Petition"), on November 17, 2008. A copy of said Amended Petition is attached hereto, made a part hereof and marked Exhibit "A." 2. Movants sent said Petition to the Defendant, Steven A. Zerance, and counsel of record, by way of First Class Mail and Certified Mail, Return Receipt Requested, on November 7, 2008. A copy of correspondence reflecting service of same is attached hereto, made a part hereof and marked Exhibit "B." 3. Neither the certified mailing of Petition sent to Defendant nor the copy sent by First Class Mail were returned. 4. On November 17, 2008, The Honorable, M.L. Ebert, Jr., issued a Rule to Show Cause directing the parties to show cause why the Petition should not be granted. Said Rule was made returnable on or before December 8, 2008 part hereof and marked Exhibit "C." A copy of said Rule is attached hereto, made a 5. The Court served copies of said Rule upon all parties to the action. 6. No response has been filed to the Rule to Show Cause. WHEREFORE, Movants request that this Honorable Court enter an Order making the Rule issued on November 17, 2008, absolute and granting the relief sought in the Petition for Leave of Court to Withdraw Appearance. Date: C°, GOLD$jERG TZMA P.C. I F Paul J. pos' Attorney I.D. #25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 :ODMA IPCDOCYDOCSV 67858V 2 Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) Counsel. for Defendant MELISSA A. FREET, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN A. ZERANCE, Defendant : NO. 06-5885 CIVIL ACTON - LAW IN CUSTODY AMENDED PETITION FOR LEAVE OF COURT TO WITHDRAW APPEARANCE AND NOW, come Paul J. Esposito, Esquire, and Goldberg Katzman, P.C., who respectfully request that they be permitted to withdraw their appearance as counsel of record for Defendant, Steven A. Zerance, in the above-referenced divorce matter, and in support thereof state the following: Petitioners are Paul J. Esposito, Esquire and Goldberg Katzman, P.C., counsel for Defendant, Steven A. Zerance. 2. Respondent is Steven A. Zerance, Defendant in the above-captioned custody matter. 3. Respondent's residential address is 1027 Swarthmore Road, New Cumberland, Cumberland County, Pennsylvania 17070. 4. The Honorable M.L. Ebert, Jr., has previously entered an order in this matter, specifically the order of May 28, 2008, pertaining to custody of the minor child. 5. Based on events and circumstances which have developed during the past several weeks, Petitioners have concluded that they can no longer effectively represent Respondent in this matter. 6. Respondent has failed to respond to Petitioners' correspondence attempting to determine his continued role, if any, in Respondent's behalf, in that there has been virtually no communication between Petitioners and Respondent for some time, notwithstanding the pursuit of legal proceedings by Plaintiff and her attorney. 7. Petitioners' most recent attempt to elicit a response from Respondent was his correspondence of October 3, 2008, a copy of which is attached hereto, made a part hereof and marked Exhibit "A." 8. Petitioners cannot effectively represent Respondent in this matter, nor does it appear that Respondent wishes to have Petitioners represent him in these proceedings. 9. Petitioners have informed Plaintiff's counsel, Diane Radcliff, Esquire, of their intention to withdraw their appearance and she has indicated her concurrence with same. WHEREFORE, Petitioners respectfully request that this Honorable Court direct that the appearances of Paul J. Esposito, Esquire and Goldberg Katzman, P.C., in behalf of Defendant, Steven A. Zerance, in this matter be withdrawn. Date: ' I rl Z-, 2008 Respectfully submitted, GOL ERG TZMAN, P.C. Paul J. F poi o Supreme Court ID# 25454 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 'ODMAIPCDOCSIDOCSV 6583311 2 Goldberg Katzman A full-service law firm. October 3, 2008 Arthur L. Goldberg 1951-?i)UO ) Steven A. Zerance H ,rrv B. GaIdberg 1027 Swarthmore Road 1961-1998) New Cumberland, PA 17070 Ronald M. Katzman Re: Domestic Matters Paul J. Esposito Neil E. Hendershot Dear Mr. Zerance: J• lair Cooper Thon,as E. Brenner A l Enclosed is a copy of correspondence from Attorney Diane Radcliff t pri L. Strang-Kutay o Dawn S. Sunday, Esquire, Custody Conciliator in your case Jerry J. Russo . Michael J. Crocenzi I continue to receive correspondence from Ms. Radcliff Ms. Sunday and Thomas J. Weber , InterWorks. Steven E. Grubb Royce L. Mori-is David M. Steckel Kindly make your intentions clear regarding my involvement in your case. If you do not wish to have me re resent l Joseph N4. Sembrot p you, p ease express that in v-v-j , r form so that I may seek the Court's permission to formally withdraw from i Carly J. Wisner represent ng you. If you wish to have me represent you in these matters please let me know Michael 1 Socha , so that we can discuss the appropriate fee arrangements and respond appropriately to Attorney Radcliff. COUNSEL Your prompt attention to this matter would be greatly appreciated. Joshua D. Lock Arnold B. Kogan Yours very truly, Heather L. P« terno Paul JLEs sito PJE/sam Enclosures ::ODMAIPCDOCSIDOCS116395511 -Market Street. Stra,tihcrr Srttar? 1 PC' Pny 11 Harrrc , .? 3 l ,7r7 1 7' EXHIBIT ? A?'h EN P6.0 P6-r. CERTIFICATE OF SERVICE On this 70 day of 1 2008, I certify that a copy of the foregoing was served upon the following counsel of record by placing delivering same in the manner indicated, addressed as follows: VIA CERTIFIED MAIL and FIRST CLASS MAIL Stephen A. Zerance 1027 Swarthmore Road New Cumberland, PA 17070 Defendant/Respondent VIA FIRST CLASS MAIL Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Dawn S. Sunday, Esquire - Conciliator 39 W. Main Street Mechanicsburg, PA 17055 GOLDBERG KATZMAN, P.C. Paul J. E os' Supreme Court ID #25454 ldbercf A full-service law firm. November 7, 2008 riht:r L. Goldberg 1S;t_?L'Or't1 Jennifer E. Bray, Administrative Coordinator H:zi rl 13. (,oldberg Office of the Court Administrator Cumberland County Courthouse 1 Courthouse Square Ronald A <aznian Carlisle, PA 17013 Patti T. Fsposito Noii F. Hendershot Re: Melissa A. Freet v. Steven A. Zerance ).1Coopey Cumberland County Divorce No. 06-5885 hnnrts E. 131,e111ler .-1pi-H ;.. Strap-'-Y_tita?, Dear Ms. Bray: Terrv T. Russo ,Michael T. C'roceltzi Pursuant to your letter of October 30, 2008, in the above-referenced matter, _rhom<< 1. %"'Teber enclosed is an Amended Petition for Leave of Court to Withdraw Appearance. Ste-en E. Gruhh loycc L. :,,1;,rt;s The Amended Petition contains a paragraph indicating that Judge Ebert has D-ivid N1. Steckel entered an Order previously in this matter. The original Petition had already 'osey h r. i. Sernl,5.,t contained a paragraph indicating the concurrence of opposing counsel in the relief Cal ally r. t47is3,}er requested. 'Michael F. Socha I trust this will satisfy the requirements of Cumberland County Local Rule 208.3(a)(2) and (a)(9). CoUNSEI, lost ua D. Lock Thank you for your consideration in this matter. .-Arnold 13. Kogan Heather L. i atcrilo Yours very truly, J Paul J p to PJE/sam cc: Diane M. Radcliff, Esquire (w/enc. ) Steven Zerance (w/enc. ) Dawn S. Sunday, Esquire - Conciliator (w/enc. ) ODM-41PCDOCSI DOCS116583711 HAP,RFSIi URG I LA,XCA'TER I CA 1,LISLr 320 Market Street, StravvberrnI Square j PCB. Box 1265 1 Harrisburg, PA 17108-126,91717-234-4161 ? 717 23-?-6808 (fax) ib er?lalizilacrr MELISSA A. FREET, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN A. ZERANCE, : DEFENDANT NO. 06-5885 CIVIL ORDER OF COURT AND NOW, this 17th day of November, 2008, upon consideration of the Petition/Amended Petition for leave to Withdraw Appearance filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Parties to show cause why the relief requested should not be granted; 2. The Parties will file an answer on or before December 8, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, I r -- N M. L. Ebert, Jr., J. Paul J. Esposito, Esquire Petitioner Steven A. Zerance, Defendant Diane G Radcliff, Esquire Attorney for Plaintiff Dawn S. Sunday, Esquire bas s CERTIFICATE OF SERVICE On this, day of 2008, I certify that a copy of the foregoing was served upon the following counsel of record by placing delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Stephen A. Zerance 1027 Swarthmore Road New Cumberland, PA 17070 Defendant/Respondent Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Dawn S. Sunday, Esquire - Conciliator 39 W. Main Street Mechanicsburg, PA 17055 GOLDBERG KATZMAN, P.C. Paul J. Esp ito Supreme Court 16 #25454 f: . y 771 1-C) S DEC S 8 I MELISSA A. FREET, Plaintiff v STEVEN A. ZERANCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5885 CIVIL ACTON - LAW IN CUSTODY ORDER AND NOW, this 10h day of Otc.L%6ir , 2006 , upon consideration of the Petition for Leave to Withdraw Appearance it is hereby ORDERED and DECREED that Paul J. Esposito, Esquire, and Goldberg Katzman, P.C., are granted leave to withdraw as counsel for Defendant, Steven A. Zerance. BY THE COURT: M.L. Ebert, Jr., J. 1istribution: / ul .1. Esposito, Esquiie, Goldberg Katzman, P.C., P.O. Box 1268, Harrisburg, PA 17108-1268; (717) 234-4161 ,U ane G. Radcliff. Esquire, 3448 Trindle Road, Camp Hill, PA 17011 ?3tcphen wn S. Sunday, Esquire - Conciliator, 39 W. Main Street, Mechanicsburg, PA 17055 A. Zerance, 1027 Swarthmore Road, New Cumberland, PA 17070 l.0 1 l2'14'O?B J ?,.f ti ??;? ?Li ??? ? , -??..? ._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA A. FREET Plaintiff V. STEVEN A. ZERANCE Defendant : NO. 06-5885 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY STIPULATED CUSTODY AGREEMENT AND NOW this day of March, 2009, Melissa A. Freet, (AMother@) and Steven A. Zerance (AFather@) individually AParent@ and collectively AParents@, hereby stipulate and agree to the following regarding custody of their minor children, to wit: Cooper A. Zerance, born 5/8/01 and Sarah R. Zerance, born 3/14/06, (the AChildren@): LEGAL CUSTODY: The Parents shall have shared legal custody, defined in 23 IPa.C.S.A. , 5302 as the legal right to make major decisions affecting the best interest of a minor child, including, but not limited to, medical, religious and educational decisions. Pursuant to the terms of 23 PA. C.S.A. 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. PHYSICAL CUSTODY: Mother shall have primary physical custody of the Children and Father shall have partial physical custody of the Children in accordance with the following custody schedule: School Year Schedule: The school year is defined as the period betweeln the last Sunday before school starts in the fall at 7:00 p.m. until the first Sunday after the end of the school year at 7:00 p.m. During the school year, Father shall have custody on alternating weekends from Friday at the later of the end of the school day or the end of his work day work until Sunday at 7:00 p.m. - 1 - Summer Schedule: the summer is defined as the period between the first Sunday after the end of school year at 7:00 p.m. until last Sunday before school commences in the fall sat 7:00 p.m. During the summer the Parents shall alternate custody of the Children on a weekly basis. Each week shalt run from Sunday at 7:00 p.m. and shall end the following Sunday at 7:00 p.m. The parent not having custody of the children under the school year schedule for the weekend immediately preceding the summer schedule shall have custody for the first (1s'') alternating week. During the other Parent=s alternating week, the then non-custodial Parent shall have custody of the Children from at the end of their work day until 8:00 p.m. Holidays/Soeclal Days: Physical custody for major holidays and special days shall be in accordance with the following schedule: *YS TIW%WS 1 W SPECIAL MYS Y YEAft Easter If a Parent has custody for both -- -- Easter Day and the weekend encompassing Easter Day, the other Parent will have custody on Easter Day at 3pm instead of the normal 7pm exchange time Memorial Day 7pm on Memorial Day Eve until 7pm Mother rather on Memorial Day July 40 9am on July 4 h until 5pm on July 5th Father Mother Labor Day 7pm on Labor Day Eve until 7pm on Mother Father Labor Day Thanksgiving Segment A 5pm on Thanksgiving Eve until 5pm Father Mother on Thanksgiving Day Thanksgiving Segment B 5pm on Thanksgiving Day until 5pm Mother Father on the day after Thanksgiving Day Christmas Segment A Noon on 12/24 until noon on 12/25 Mother Father Christmas Segment B Noon on 12/25 until noon on 12/26 Father Mother -2- HOLIDAYS Sl tW DAYS TVAES EM YL40 ow YENS Mothers Day 9am until 7pm on Mother=s Day Mother Mother Fathers Day 9am until 7pm on Father=s Day Father Father No Interruption: In the event a Parent has custody on two (2) custody periods which immediately precede or follow each other, that Parent shall have custody of the Children without interruption between the two (2) custody periods.. Precedence: The Holiday/Special Day schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. Modification: The Parents shall be at liberty to modify the physical custodial periods herein provided to accommodate their respective schedules and special events, but both Parents must be in complete agreement to any new or modified) terms. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be shared by the Parents. Unless otherwise agreed by the parties, the Parent receiving custody of the Children shall provide the transportation for that custodial exchange. Unavailability: In the event either Parent is unavailable to exercise his or her custodial periods, they shall notify the other Parent accordingly and the other Parent shall be provided with the opportunity to have custody for the period of unavailability. ALCOHOL AND DRWS: During any period of custody or visitation, neither Parent shall possess or use any illegal controlled substance, nor consume alcoholic beverages to the point of intoxication, nor permit any other person to possess or use any illegal controlled substance, nor consume alcoholic beverages to the point of intoxication in the presence of the Children. Further, both Parents are prohibited from giving the Children alcoholic beverages or illegal controlled substances to use and/or consume. -3- SMOKING: Neither Parent shall, nor permit any other person to, smoke in any part of a confined area with the Children present. NO DEROGATORY COMMENTS: Neither Parent will undertake, or permit by any other person, by conversation or otherwise, any communication that explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other Parent or extended family members or which may have the effect of the poisoning of the Children=s minds against the other Parent. Neither Parent shall attempt, or condone any attempt, directly or indirectly, to estrange the Children from the other Parent. At all times each Parent shall encourage and foster in the Children a sincere respect and affection for the other Parent. NO DISCUSSION: Neither Parent shall discuss with the Children any aspect of !the custodial situation, other than finalized custody schedules. Neither Parent shall discuss with the Children any pending legal action involving the Parent. Neither Parent shall utilize the Children for purposes of conveying information or inquiries pertaining to the Children and/or any pending legal action to the other Parent. TELEPHONE CONTACT: Both Parents shall be afforded reasonable telephone contact with the Children while in the other Parent=s custody and for said purposes each (Parent shall provide the other Parent with his or her home phone number. Neither Parent shall' unreasonably interfere with the Children=s right to privacy during such telephone conversations, nor listen to that conversation on an extension telephone. Each Parent shall see that the Children return the call to the other Parent upon receipt of any message requesting such a return call. RESIDENCE ADDRESS: Each Parent shall at all times provide the other Parent with his or her residence/address where the Children can be reached when in that Palrent=s custody. TEMPORARY ABSENCE: When the Children will be staying away from the then custodial Parent=s residence for a period in excess of 24 hours, then that Parent shalt provide the other Parent with reasonable notice of the address of the locations where the Children will be staying. EXTRACURRICULAR ACTIVITIES: Both Parents shalt honor and participate in the activities that the Children wish to engage in. During a Parent=s custodial period, that Parent shall make certain that the Children attend any extracurricular activities and will transport the Children to and -4- from such activities and practices for such activities, in such time so that the Children are able to participate in those activities. Neither Parent, however, wilt commit the Children to activities that fall during the other Parents periods of custody without the consent of the other Parent, which consent shall not be unreasonably withheld. The foregoing notwithstanding, a Parent shall not be required to take the Children to an activity if that Parent is out of town during the activity. In the event the custodial Parent is unable to deliver the Children to a particular activity, he or she shall notify the other Parent who shall be entitled to pick up and deliver the Children to the activity and the custodial Parent shall make certain that the Children are ready for pick up in time to timely attend the activity. 11. ENTRY OF COURT ORDER: The Parents authorize the Court of Common Pleas of Cumberland County Pennsylvania to enter an Order incorporating the terms of this Stipulated Custody Agreement. This Agreement and the order to be entered pursuant to the terms of this Agreement, are in satisfaction of all claims raised in the pending modification proceedings and the hearing scheduled before the Honorable M.L. Ebert for March 25, 20109 at 1:30 p.m. shall be canceled. IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: a {SEAL} MELISSA A. FREET Date: 03d,)/09 STEVEN A. ZE CE Date: °9 -5- .. e ?? r " "'f" ?. ? ? - -'?"'! ? l - a,. .?v ?? t.i ? 1 . '- ?.? ,. ...,,.. ,i I?. .... ,. ? .. ...r` ? ' 't' .. ?J 'R 2 6 200A? 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA A. FREET Plaintiff V. STEVEN A. ZERANCE Defendant NO. 06-5885 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY ORDER AND NOW, this 17 day of 4r ch , 2009, upon consideration of the wT thin Stipulated Custody Agreement, IT IS HEREBY ORDERED AND DECREED that the Parents= Stipulated Custody Agreement is incorporated into and made a part of this Order the same as if fully set forth herein. BY THE COURT: M.L. E rt, Judge Distribution To: 40? for Plaintiff: Diane G. Radcliff Esquire, 3448 Tnndle Road, Camp Hill, PA t .,?011 air?tiff: Melissa A. Freet, 1849 Holly Drive, Camp Hitt, PA 17011 t37 Pro Se: Steven A. Zerance, 1027 Swarthmore Road, New Cumberland, PA 17070 J , 4A- V { t: ;tiEs :6 VI LZ 8VW 6001