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HomeMy WebLinkAbout06-6456RALPH B. ZORN, Plaintiff/Respondent v. MICHELLE D. (ZORN) SMITH, Defendant/Petitioner 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ~= ~ - ~ ~~~ NO. CIVIL TERM iN CUSTODY PRAECIPE TO FILE A CUSTODY DECREE OF ANOTHER JURISDICTION PURSUANT TO 23 PA C.S &5445 Pursuant to 23 Pa. C.S. §5445 of the Domestic Relations Code, relating to Uniform Child Custody Jurisdiction and Enforcement Act, please file of record the attached certified Order of Court, dated February 8, 2005 from the Court of Common Pleas of Somerset County, Pennsylvania. Said Order is being filed contemporaneously with a request for the Court of Common Pleas of Cumberland County to assume jurisdiction and venue of the issue of custody of the child at issue in this matter. I verify that, to the best of my knowledge and belief, the aforementioned Order has not been modified since it's entry by the Court. The above named Plaintiff, Ralph B. Zorn, Jr. of 1916 Ester Drive, Carlisle, Pennsylvania, 17013, seeks registration of this Order. The above named Defendant, Michelle D. Zorn (Smith) of 357 West Garrett Street, Somerset, Pennsylvania, 15501 is actually awarded custody of the child at issue pursuant to the Order to be registered, although the child has resided exclusively with Plaintiff since April 15, 2005. Respectfully Submitted, _~ , f,~. •" _ .Griffie, Esquire <"~~ -~ ~ orney for Plaintiff Griffie and Associates 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: (( ~o IFFI ,Esquire • w a 16TH JUDICIAL DISTRICT, SOMERSET, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF SOMERSET COUNTY, PENNSYLVANIA RALPH B. ZORN JR. VS MICHELLE D. ZORN IVO. 85 CIVIL 1995 PETITIONER'S PETITION FOR MODIFICATION OF CUSTODY AND VISITATION CONFERENCE APPEARANCES: ~ PLAINTIFF: BRIAN C. BORNI~lAN, ESQ.; 38 N. MAIN STREET; CHAMBERSBURG, PA 17201 (PLAINTIFF APPEARING) DEFENDANT: DAVID A. KAPPEL, ESQ.; SOUTHWESTERN PENNSYLVANIA LEGAL SERVICES, INC.; SOMERSET, PA (DEFENDANT APPEARING) CUSTODY & VISITATION: THOMAS HIRAVI ORDER OF COURT THIS 8TH OF FEBRUARY, 2005, AFTER CUSTODY CONFERENCE, THE PARTIES HAVING APPEARED WITH COUNSEL AND HAVING REPORTED AGREEMENT WITH RESPECT TO CUSTODY ISSUES, AND THE TERMS OF THAT AGREEMENT HAVING BEEN PLACED OF RECORD, IT IS ORDERED THAT THE AGREEMENT IS APPROVED AND ADOPTED AS AN ORDER OF COURT. BY THE COURT: t ~1,j6~ r~ZE ~ ~ / 1 0; x,11{4 1~^y 55 i ~~ur~{at~t k~u file ~r~ ~ l' ~~_ dais r~t~;.}ce. r; '~ 1 EUGENE E F KE, II, PRESIDENT JUDGE ~ Pr~thgrectai ~~ __. __ _ ~ 1 OFFICIAL REPORTERS - DONNA S. CP_SCIO, RPR, CMRS - 814 445-1494 . , 09:37 04:36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16TH JUDICIAL DISTRICT, SGMERSET, PENI~SYLVP_NIA TUESDAY, FEDRUARY 8, 2005 - 4:36 P.M. - CRM.#1 - JUDGE FIKE. #85 CIVIL 1995 THE COURT: All right. MR. Ir.APPEL: Good afternoon, Your Honor. I'm here on the Smith-Zorn case. I think that was the next one on the Court schedule this afternoon. And I believe Attorney Brian Bornman? MR. BORNMAN: That's correct. I~?R. KAPPEL: Is here for the father who I think is the plaintiff in this custody case. And I think we've reached an agreement. I think Mr. Hiravi was going to spell out the terms of the agreement to the Court. MR. HIRAVI: Yes, Your Honor. We have reached a temporary agreement. The understanding would be that Ralph B. Zorn, Jr., and Michelle D. Zorn, mother, will share ~I physical custody of the child, with mother having primary I~' I custody and father having periods of partial physical custody i according to the schedule that currently is in place between the parties, being alternating weekends and additional time as I stated in that order. Additionally, Your Honor, we've agreed that in issues regarding the custody case that both mother and father I will speak directly with each other discussing those issues ~ I i ' 2 OFFICIAL REPOP,TEP.S - DONI~~A S . CASCIO, RPF., CMRS - 814 4 4 5-14 94 16TH JUDICIAL DISTRICT, SOMERSET, PEIJI~JSYLVANIA 04:38 04:39 1 and will do their very best to keep the child out of the ~ 2 middle of the negotiation and talking back and forth. 3 They will also not pass messages through the 4 child. 5 Both parties will not speak disparagingly of 6 the other party and will instruct others to refrain from doing 7 the same. 8 Both mother and father as well as father's 9 wife, Robin Zorn, will submit to one random drug test to be ~, 10 initiated by the Child Custody and Visitation office. They 11 will report for that drug test at a testing facility within 24 12 hours of being notified to do so. 13 The parties are also in agreement that the 14 child will -- the child, being Ryan l~licholas Zorn, born 15 December 23, 1993, the parents are agreeable that Ryan will 16 attend counseling with Bruce Pile at Pile Psychiatric 17 Counseling Associates here in Somerset. 18 The costs of that counseling will be split 19 between the parties, and both mother and father will 20 participate in the counseling as the counselor believes 21 appropriate and desires. 22 The Child Custody and Visitation office will 23 also open the case to do home visits, and gather other 24 appropriate information that would pertain to a custody 25 proceeding,', just in the event that a hearing may be necessary. 3 OFFICIAL P.EPOP.TEP,S - DO1`?1~1n c, rP>SCIO, RPR, CMP.S - 814 445-1494 ~ _.. . 16TH JUDICIAL DISTRICT, SOMERSET, PE1TI~SYLVANIA 09:90 1 ~ And I tl~iink the parties are agreeable to sign 2 the necessary record releases so that the Custody Office can 3 obtain information where desired. 4 I believe that's the understanding that we've 5 reached today, Your Honor. 6 THE COURT: Is that your understanding, 7 Attorney Kappel? 8 MR. KAPPEL: Yes. Just one moment please, 9 Your Honor. 10 (COUNSEL CONFERRING WITH CLIEI~IT) 11 MR. KAPPEL: That's my understanding, Your 12 Honor. 13 THE COURT: And is that your understanding? 14 MR. BOR1dMAN: That is correct, Your Honor. 15 THE COURT: Then let me ask both parties as I 16 routinely do: Ms. Zorn, have you heard the terms of the 17 agreement that have just been placed of record? 18 MOTHER: Yes, I have. 19 THE COURT: And do you agree with the terms of 20 that agreement? 21 MOTHER: Yes, Your Honor. 22 THE COURT: And Mr. Zorn, have you heard the 23 terms of the agreement just placed of record? 24 FATHER: Yes, Your Honor. 25 THE COURT: Are you in agreement with those 4 OFFICIAL REPOP.TEP.S - DOidi~]A S. CASCIO, RPR, CMRS - 814 445-1494 . ;` ~ , :, 16TH JUDICIAL DISTRICT, SOMERSET, PENNSYLVANIA 04:41 o4:4z 1 terms? 2 ~ FATHER: Yes, Your Honor. 3 THE COURT: We will ask the reporter to 4 transcribe t he agreement as placed of record by Mr. Hiravi, 5 and we'll en ter the following order: This 8th of February, 6 2005, after custody conference, the parties having appeared 7 with counsel and having reported agreement with respect to 8 custody issu es, and the terms of that agreement having been 9 placed of re cord, it is ordered that the agreement is approved 10 and adopted as an order of Court. 11 ~ That's the end of the order and you`ll remain 12 ~ involved as I understand it then pursuant to the agreement? 13 MR. HIRAVI: Yes, Your Honor. 14 , THE COURT: We empress our thanks to the 15 parties and counsel and of course to Mr. Hiravi. Also 16 congratulate the parties on reaching the agreement that you 17 have. It's always best to reach agreement than to be 18 compelled to go through the formal hearings. 19 So congratulations as well as thanks. 20 MR. KAPPEL: Thank you, Your Honor. 21 MR. BORNMAN: Thank you, Your Honor. 22 (4:42 p.m.). 23 24 25 5 OFFICIAL P.EPOP.TEF.S - DONT~?A S. CASCIO, RPF., CMRS - R14 445-1494 I 16TH JUDICIAL DISTRICT, SG?1ERSET, PENISYLVANIA REPORTER'S CERTIFICATE: I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the conference of the above cause, and that this copy is a correct transcript of the same. Donna S. Cascio, RPR, CMRS Official P,eporter 16th Judicial District Date . '7~ ~-1'(~1'_ L(1 D 5 i 6 OFFICIAL REPORTERS - DONP~A S. CASCIO, I~PP., CMP,S - 814 445-1494 r 11'7 t::'i C:.:: 1 fj i G`ti =n '~ l l ---, ~ '~ l i-+ `: ] ..~ t ' RALPH B. ZORN, Plaintiff/Respondent v. MICHELLE D. (ZORN) SMITH, Defendant/Petitioner Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND SPEICAL RELIEF IN THE NATURE OF REQUEST FOR THE COURT TO ASSUME JURISDICTION AND VENUE OVER THE ISSUE OF CUSTODY OF RYAN N. ZORN AND NOW ,comes Petitioner, Ralph B. Zorn, Jr., by and through his counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie and Associates and petitions the court as follows: 1. Your Petitioner, Ralph B. Zorn, Jr., the above name Plaintiff, and an adult individual currently residing at 1916 Ester Drive, Carlisle, Pennsylvania, 17013. 2. Respondent, Michelle D. Smith is the above named Defendant, and an adult individual who is believed to last be residing at 357 West Garrett Street, Somerset, Pennsylvania, 15501. 3. The parties are the natural parents of one child, namely Ryan N. Zorn, born December 23, 1993 (hereinafter "Ryan"). 4. The parties are subject to two Orders of Court in this case. The first being April 13, 2000, which is attached hereto and incorporate as hereby reference as Exhibit "A" and the second being dated February 8, 2005, which is attached hereto and incorporate as hereby reference as Exhibit "B". 5. Petitioner has participated as a party and witness in the proceedings referenced in the attached Orders which occurred before the Court of Common Pleas of Somerset County, Pennsylvania to the docket number referenced on the attached Orders. 6. Petitioner has registered the current Order of Court from the Court of Common Pleas of Somerset County with the Court of Common Pleas of Cumberland County to the above Docket Number. 7. From November of 2001, or five (5) years prior to the filing of the within Petition, to April 15, 2005, Ryan had resided at various locations within Somerset County at times with the Respondent, but he is believed to have also resided with the Respondent's parents, the child's maternal grandparents. 8. From April 15, 2005 to present, or a period of nearly nineteen (19) months, Ryan has resided solely with Petitioner and has had no contact with Respondent, both due to the intervention of Somerset Children and Youth Services and due to Ryan's desires and preferences. 9. The prior Orders referenced above which are attached hereto as Exhibits were entered by the Somerset Court of Common Pleas as at the time of entry, that Court had jurisdiction and venue over the issue of custody of Ryan. 10. Respondent took no action whatsoever to have contact with the child from Aprii of 2005 until September of 2006 when Petitioner herein initiated the filing of a Petition for Transfer of Venue in this matter in Somerset County. 11. Pursuant to 23 Pa. C.S. §5422(a) and 23 P.S. § 5471, Petitioner filed his aforesaid Motion for Transfer of Venue with the Court of Common Pleas of Somerset County. 12. It is in the best interest and appropriate under the laws of the Commonwealth of Pennsylvania to transfer venue of this custody case to the Court of Common Pleas of Cumberland County, Pennsylvania, as Ryan and Petitioner, who has been the sole custodian of the child for nearly nineteen (19) months, have the following significant connections with Cumberland County: (a) Ryan has resided solely in Cumberland County for in excess of eighteen (18) months. (b) Ryan has attended school in the Carlisle Area School District for a portion of the 2004-2005 school year, for the entire 2005-2006 school year and is attending school district in that school for the 2006-2007 year. (c) Ryan's physician, dentist, eye doctor, and all medical care providers for him are in Cumberland County, Pennsylvania. (d) Ryan is engaged in extensive extra curricular activities, all of which are in Cumberland County, Pennsylvania. (e) Ryan resides with his father, your Petitioner herein, and during periods when Petitioner has custody of his child to a subsequent marriage, with his half- sister, in Cumberland County, Pennsylvania. (f) Ryan has had no physical contact with any individuals in Somerset County for in excess of eighteen (18) months. (g) Because Ryan has had limited contact with any individuals in Somerset County, any testimony that might be presented by any individuals in Somerset County relative to his care, custody, control, and condition would be stale and would only be relevant in describing the abusive situation in which Ryan lived prior to being in Petitioner's custody. (h) Ryan's social and support network is entirely in Cumberland County, Pennsylvania. (i) The Court of Common Pleas of Somerset County is an inconvenient forum and there are no longer any significant contacts with Somerset County that would make it a home county for pursuit of any custody matters in this case. (j) The Court of Common Pleas of Cumberland County Pennsylvania has jurisdiction and venue over this matter as it is the Home county of Ryan. (k) At the present time, the relationship and connections that Ryan has with Somerset County are tenuous, at best, solely being based upon the fact that Ryan's mother, Respondent herein, resides in Somerset County. 13. There is presently pending the aforementioned Motion for Transfer of Venue which has been filed by the Petitioner in Somerset County, Pennsylvania. 14. There is likewise a Motion to Enforce Custody Order which is pending in the Court of Common Pleas of Somerset County which has been filed by the Respondent herein. 15. Respondent herein is represented in Somerset County by Attorney David J. Flower, Yellick and Flower, 166 East Union Street, Somerset, Pennsylvania, 15501, who has been provided with a copy of this Petition prior to filing. WHEREFORE, Petitioner request your Honorable Court to enter a Rule upon the Respondent to show cause, if any she has, as to why this court should not assume jurisdiction and venue over the issue of custody of the forenamed child, Ryan N. Zorn, born December 23, 1993 and accept the transfer of venuefrom the Court of Common Pleas of Somerset County, Pennsylvania. Respectfully Submitted, riffie, Esquire orn for Plaintiff/Petitioner Grif e and Associates 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: ~//~~ 6 RALPH .ZORN, RALPH B. ZORN, Plaintiff/Respondent v. MICHELLE D. ZORN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF SOMERSET COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 85 CIVIL 1995 1N CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the ~_day of November, 2006, cause a copy of Plaintiffs Petition for Modification of Custody to be served upon Defendant by serving her attorney of record, David J. Flower, Esquire, by first-class mail, postage prepaid at the following addresses: Dn~: ~ • k o ~ David J. Flower, Esquire 166 East Union Street Somerset, PA 15501 r riffie, E uire • ey for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 1bTH JT_fL~ICIAL L~ISTF~~=T, S!JMEr'._~ET, ~'L'1TI~T`~-~'L~~%-.I~7~ T Certified to be true and correct copy of the original Document on file in / f:. ~~'~~ this office: * ~~ . 'Prothonotary IN THE COUFT OF COMMOII PLEAS OF SOMEPSET COT]NTY, PENNSYLVANIA RALPH B. ZORN, JR. ) NG. 85 Civil 1995 vs ) Petition to Modify Temporary ) Custody Order MICHELLE D. LORN ) CONFEP_ENCE APPEAF~ANCES : Plaintiff: Bradley Griffie, Esq.; 200 No~~th Hanover Street, Carlisle, PA 17013-" Defendant : Carolann A. Young, Esq. ; Custody Officer: Sara Driscoll (Parties appearing) ~~~ v I.L. ~- :. -- .__ ~, .. , C.. J Tom,, L. ~- r ~:~_ ~~ ~~ C" `,. MS. YOUNG: The parties shall share physical and Legal j custody of their minor child, with primary physical custody being in mother and periods of partial physical custody being din father during the school year, every other wee}:end L'commencing at 5:00 p.m. on Friday and concluding at 5:00 p.m. =~ on Sunday on every other weekend basis. ~~ Father shall call and confirm the night before any ~_period of partial custody is to take place. This every other weekend schedule shall commence on Friday, April the 28th. c~During the summers, father shall have one full week consisting `=~of seven da s in each of the months of June, Jul - y y, and August. That week shall encompass one of his weekends of partial custody with the intent that he will have a full week of custody and another weekend on an alternating basis during the summer. Father shall notify mother by May lst of the weeks in which he intends to exercise his one-week period of partial custody. The parties shall divide the holidays of Thanksgiving, Christmas, Easter, Memorial Day, Labor Day as follows: The Thanksgiving period of school vacation shall begin on c: _~ c~ s~- r =~ EXHIBIT b a .3 1 OFFICIAL REPGRTEP~ ~Hr~NDA J. SMITH - !814) 445-1496 ~ f ., `T'~1" .TT 7T ~ T ~' T A T . Tl T ~'T ~,~ T ~"•'T~ ~~~,r~~F~~~~T U~~~~a~.~;~'T,~,~~;r~TT~, Wednesday aT~d conclude on tl~ie Monday after Tl~ianhsgiving. It shall be~ divided lic~~~-wc~en t1~lc ;->~~rti~_s oT~ an alternating yEar basis from wednesd,~~}~ to Saturd~~y at Moon and from Saturday at noon until Moz~da~,r, with nzotlier enjoying Llie first half of the vacation izi the odd-nun~ered years -1zid father enjoying the first half of the v,~ication in t1~e even-nur«l~er ed years . The Christmas school hr~liday shall commence on the first full day of school vacation and conclude on t1T~e last full day of school vacation and shall he divided equally. Zf there's an odd nun~lier of i1a~~s in the school vacation, the parties shall exchange at noon on the Halfway day through tl~e schedule for Christmas vacation. The first half of Christmas ,~Tacation shall Le e:rercised by mother in the even years and by father in the odd years. Easter Brea}~ which consists of tl~e school vacation period prior to and after Easter shall alternate on a yearly basis Letween mother and father commenc~.ng with e~uren years with father although not necessarily in the year X000. Memorial Day weekend, t.l~e entire weekend and the holiday shall always be with father. The Labor Day, the entire wee}:end and the holiday shall always be with mother. Mother's Day wee}:end shall always with mother. Father's Day wee}send shall always be with father . ~_nd the periods of holiday scheduled custody shall supersede the regular schedule, and the parties unde?~stand that that schedule may result in some months with three wee}.-ends being with one parent as opposed to an even schedule. The parties shall exchange infoz-mation freely and voluntarily with one another regarding the medical condition of the child, the child's progress in school, and any other matter or interest or event of the child's well-being and progress. The communication shall be between the parents directly, not through the child or the stepmother. Father shall be present to exercise his periods of partial custody, but stepmother may assist in transportation. Neither party shall smoke around the minor child who has a history of asthmatic bronchitis and is medically advised not to be exposed to any cigarette smo};e, and neither party shall permit others to smoke around the minor child. Transportation shall be provided by father to effectuate his periods of partial custody, with the express understanding that father reserved his right to file a petition for a hearing on the issue of sharing transportation. ORDER OF COURT THIS 13TH OF APRIL, 2000, AT THE TIME 2 OFFICIAL REPt~RTERS - FrIOI~D~: .J. aP/IITH - (~14) 415 -1~9G ~ ~~T~-~ ,Trrr,~~~~T~.T, r,T~T~~ ~ ~~~T~ ~;~-~~~r~~~~fi~r ~~~ rTr1~,,-T ;,'~,~w~ - ' SCHEDULED FOR CL?STJDi' COTvFEI~'ENC'E, THE PARTIES ~':I~7L T1-iL;.IP COUNSEL HAVING APPEAI?_EL>, .~1~tLi COUI~ISEL I-IAVZN~~ REPOTTED 'T'1-U'P`I' AFTEk DISCUSSION 1'~~IONG TIIE I'u~~TIES, COUNSEL, AND TIIE '~'HILD CUSTODY ~: VISITATIOT~1 OFFIC'EF'; AGREEMENT HAS IlEEN kEA CITED WITH RESPECT TO ENTRY OF AN ORLiER WHICH ODVIATES TIDE NEED FOR FTJR.THEk HEARING WITH RESPECT TO THE ISSUES F.AISED EY THE CUSTODY PETITION WITH 1'HE EYGEPTIOTv OF TF.ANSrORTATIGN U~HICH P4.~~Y BE SUF3~ECT T'0 FURTHER PROCEEDINGS AT THE REQUEST OF EITHEit PARTY; IT IS OF.DERED TIiAT THE TERMS OF THE AGREEMENT PLACED OF RECORD B~' COUTISEL IS APPROVED I-~i~FD ADC)PTED AS AN Or DER OF COURT_ FURTHER PROCEEDINGS WITH F_ESPECT TO THE TRANSPOPTATION ISSUE WILL BE SCHEDULED UPOIJ THE FILING OF A PETITION BY EITHER PARTY. BY THE COURT: EUGENE E :--~' I KE , I I , PRESIDENT JUDGE 3 OIjI1ICIrL REPORTERS - P~-IOTTDA J_ S1~lITH - (814) 4~5-1496 . 16TH JUDICIAL DISTRICT, SOMERSET, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF SOMERSET COUNTY, PENNSYLVANIA RALPH B. ZORN JR. VS MICHELLE D. ZORN APPEARANCES: PLAINTIFF: BRIAN C. BORNMAN, ESQ.; 38 N. MAIN STREET; CHAMBERSBURG, PA 17201 (PLAINTIFF APPEARING) DEFENDANT: DAVID A. KAPPEL, ESQ.; SOUTHWESTERN PENNSYLVANIA LEGAL SERVICES, INC.; SOMERSET, PA (DEFENDANT APPEARING) CUSTODY & VISITATION: THOMAS HIRAVI ~ * ~ ORDER OF COURT ., i.. k~-~ ~~ ~~ THIS 8TH OF FEBRUARY, 2005, AFTER CUSTODY CONFERENCE, THE PARTIES HAVING APPEARED WITH COUNSEL AND HAVING REPORTED AGREEMENT WITH RESPECT TO CUSTODY ISSUES, AND THE TERMS OF THAT AGREEMENT HAVING BEEN PLACED OF RECORD, IT IS ORDERED THAT THE AGREEMENT IS APPROVED AND ADOPTED AS AN ORDER OF COURT. BY THE COURT: NO. 85 CIVIL 1995 PETITIONER'S PETITION FOR MODIFICATION OF CUSTODY AND VISITATION CONFERENCE CeriiFi~ t of the o ~ nal correct copy Document on file io tl~is office. Prothonotary OFFICIAL REPORTERS EUGENE E EXHIBIT II, PRESIDENT JUDGE RPR, CMRS - 814 445-1494 09:37 04:38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16TH JUDICIAL DISTRICT, SOMERSET, PENNSYLVANIA TUESDAY, FEBRUARY 8, 2005 - 4:36 P.M. - CRM.#1 - JUDGE FIKE. #85 CIVIL 1995 THE COURT: All right. MR. KAPPEL: Good afternoon, Your Honor. I'm here on the Smith-Zorn case. I think that was the next one on the Court schedule this afternoon. And I believe Attorney Brian Bornman? MR. BORNMAN: That's correct. i MR. KAPPEL: Is here for the father who I think is the plaintiff in this custody case. And I think we've reached an agreement. I think Mr. Hiravi was going to spell out the terms of the ~ I agreement to the Court. i MR. HIRAVI: Yes, Your Honor. We have reached a temporary agreement. The understanding would be that Ralph B. Zorn, Jr., and Michelle D. Zorn, mother, will share j physical custody of the child, with mother having primary '. custody and father having periods of partial physical custody j according to the schedule that currently is in place between the parties, being alternating weekends and additional time as i stated in that order. Additionally, Your Honor, we've agreed that in issues regarding the custody case that both mother and father i will speak directly with each other discussing those issues j 2 OFFICIAL REPORTERS - DONNA S. CASCIO, RPR, CMRS - 814 445-1494 1 2 3 4 5 6 04:38 04:39 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16TH JUDICIAL DISTRICT, SOMERSET, PENNSYLVANIA and will do their very best to keep the child out of the middle of the negotiation and talking back and forth. They will also not pass messages through the child. Both parties will not speak disparagingly of the other party and will instruct others to refrain from doing the same. Both mother and father as well as father's wife, Robin Zorn, will submit to one random drug test to be initiated by the Child Custody and Visitation office. They will report for that drug test at a testing facility within 24 hours of being notified to do so. The parties are also in agreement that the child will -- the child, being Ryan Nicholas Zorn, born December 23, 1993, the parents are agreeable that Ryan will attend counseling with Bruce Pile at Pile Psychiatric Counseling Associates here in Somerset. The costs of that counseling will be split between the parties, and both mother and father will participate in the counseling as the counselor believes appropriate and desires. The Child Custody and Visitation office will also open the case to do home visits, and gather other appropriate information that would pertain to a custody proceeding, just in the event that a hearing may be necessary. 3 OFFICIAL REPORTERS - DONNA S. CASCIO, RPR, CMRS - 814 445-1494 16TH JUDICIAL DISTRICT, SOMERSET, PENNSYLVANIA 04:40 1 And I think the parties are agreeable to sign 2 the necessary record releases so that the Custody Office can 3 obtain information where desired. 4 I believe that's the understanding that we've 5 reached today, Your Honor. 6 THE COURT: Is that your understanding, 7 Attorney Kappel? ~~ g MR. KAPPEL: Yes. Just one moment please, 9 Your Honor. 10 (COUNSEL CONFERRING WITH CLIENT) 11 MR. KAPPEL: That's my understanding, Your 12 Honor. 13 THE COURT: And is that your understanding? 14 MR. BORNMAN: That is correct, Your Honor. 15 THE COURT: Then let me ask both parties as I 16 routinely do: Ms. Zorn, have you heard the terms of the 17 agreement that have just been placed of record? 18 MOTHER: Yes, I have. 19 THE COURT: And do you agree with the terms of 20 that agreement? 21 MOTHER: Yes, Your Honor. 22 THE COURT: And Mr. Zorn, have you heard the 23 terms of the agreement just placed of record? 24 FATHER: Yes, Your Honor. 25 THE COURT: Are you in agreement with those 4 OFFICIAL REPORTERS - DONNA S. CASCIO, RPR, CMRS - 814 445-1494 • ~ L 1 ~ •~ ~ • 16TH JUDICIAL DISTRICT, SOMERSET, PENNSYLVANIA 09:41 04:42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 terms? FATHER: Yes, Your Honor. THE COURT: We will ask the reporter to transcribe the agreement as placed of record by Mr. Hiravi, and we'll enter the following order: This 8th of February, 2005, after custody conference, the parties having appeared with counsel and having reported agreement with respect to custody issues, and the terms of that agreement having been placed of record, it is ordered that the agreement is approved and adopted as an order of Court. That's the end of the order and you'll remain involved as I understand it then pursuant to the agreement? MR. HIRAVI: Yes, Your Honor. THE COURT: We express our thanks to the parties and counsel and of course to Mr. Hiravi. Also congratulate the parties on reaching the agreement that you have. It's always best to reach agreement than to be compelled to go through the formal hearings. So congratulations as well as thanks. MR. KAPPEL: Thank you, Your Honor. MR. BORNMAN: Thank you, Your Honor. (4:42 p.m.). 5 OFFICIAL REPORTERS - DONNA S. CASCIO, RPR, CMRS - 814 445-1494 a ~ • _ a. r 16TH JUDICIAL DISTRICT, SOMERSET, PENNSYLVANIA REPORTER'S CERTIFICATE: I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the conference of the above cause, and that this copy is a correct transcript of the same. Donna S. Cascio, RPR, CMRS Official Reporter 16th Judicial District Date : 1,,OD 6 OFFICIAL REPORTERS - DONNA S. CASCIO, RPR, CMRS - 814 445-1494 C"'! --.4 ^--,. "~ ~ ~~ 1 ~t ~, ^'•{ ~ L1 •___~ i 3: ;"l t,, . ; ~.:r ~ _~t '"? ~ ^_~ } ~~ --[: RALPH B. ZORN IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE D. (ZORN) SMITH DEFENDANT • 06-6456 CIVIL ACTION I.AW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 22, 2006 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel. appear before Jacqueline M. Verney, Esq. ,the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 21, 2006 at 9:30 AM for aPre-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/ Jacqueline M. Verney, Est 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 ~~~ .. y ~ q~, ~ ~~ -~ f,. fJ .~ ~,~~ W u Qxi .if9~ }~~~ ~O - ~-1/ ~ ~ ~ ~l/ ~'~ ~'J/ . ~ t ,x RALPH B. ZORN, Plaintiff/Respondent v. MICHELLE D. (ZORN) SMITH, Defendant/Petitioner Nov 15 coos ,~ j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.dG-(c`t~jCIVIL TERM IN CUSTODY ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW this ~0~~ day of 1~1 by cw~1D ~r , 2006, upon presentation and consideration of the within Petition for Modification of Custody and To Assume Jurisdiction and Venue of this custody matter, a Rule is hereby issued upon the Respondent, Michelle D. Smith, to show cause, if any she has, as to why relief requested should not be granted and why this Court should not assume jurisdiction of this matter as the court of proper venue. Rule returnable 10 days after service by first class mail, postage prepaid upon Respondent's legal counsel or by certified mail, restricted delivery upon Respondent. Cc: Bradley L. Griffie, Esquire Attorney for Plaintiff Griffie and Associates 200 North Hanover Street Carlisle, PA 17013 David J. Flower, Esquire Attorney for Defendant Yellick and Flower 166 East Union Street Somerset, PA 15501 By the Court, ~~' ~'~°~ ., M1ir^'~ !) i -, -7 r^~ ~ s ~~ ~ ~ ~~ =~~ ~ l RALPH B. ZORN; IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW MICHELLE D. (ZORN) SMITH, N0.06-6456 CIVIL TERM Defendant/ Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the ~ y~day of November, 2006, cause a true and attested copy of the Court Order of November 20, 2006 and Rule to Show Cause and a copy of Plaintiffs Petition for Modification of Custody and Special Relief to be served upon Defendant by serving her attorney of record, David J. Flower, Esquire, by first-class mail, postage prepaid at the following addresses: David J. Flower, Esquire Yelovich & Flower 166 East Union Street Somerset, PA 15501 DATE: l ~ ~ v ~ L. ffie, Esquire orney r Plaintiff GRI E & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 N C Ts ~ ~~nr~` f~*"f ~, ~^^" "~ ~ ~~ .:.`' 1 ~~ ~ ~ .. ~ _fb _ _ ~.= ~4 ° " Rr „ ~' ~~ Olt'~07 WED 17:33 FAX 814 445 6362 ATTYS. AT LAW ~,.. IN THE COURT OI+ COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Civil ACTION - LAw RALPH B. ZORN, )( PlaintiR, )( vs. )( x 11~HCHELLE D. (ZORI~ SMITH, )( Defendaa~t j( )( No. 46-646 CMI, TERM • IN CUSTODY - JOINDER Pursuant to PaR.C.P. 1915.x, the undersigned hereby consent to the attached C~ODY ~~ULATTON AND CONSENT ORDER and agree that they arc in accord with the terms hereof. 1fie Parties hereto further consent to the Court's exttering of record the attached CUSTODY TIPULA ON AND CONSENT OR,~ER without requiring the parties hereto to appear before the Court and offer any fwther testimony in this matter. ~ ~ l~ph . Zom 'c elle D. Smith e, Esq. for Plaintiff D ~ .,Hower Attorney for Def dent f~004 Dated: C'~ CC" rv c --~' ~ yt... ~J ~ ~. V ~--a T V A ~.! w" f" `/ www{t" , ~ L _ ~ i S~ r ~ ~ ~~ m . ~^~ ...~ RALPH B. ZORN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2006-6456 CIVIL ACTION -LAW MICHELLE D. (ZORN) SMITH, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 25th of April, 2007, the Conciliator being notified that the parties have signed a Custody Stipulation in the above matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, /~. cqu e M. Verney, Esquire, Custody C ciliator 3 ° .t -, Ai~~h ~, ti :. ~ ,. .!''vt :~~.J ~? ~~ s~c~ ~~ ~c~~ ~~~~ A~v'1G vim:-~~.~;'t~~ :~~-!~. ~© ~~6!..ir~~ i~ ~,~/07 WED 17:33 FAX 814 445 8382 ATTYS. AT LAW 0.1002 APR ~02001'~~' IN TJfIE COURT OF COIVIMON PLEAS OF CUMBERLAND COi7NTY PENNSYLVANIA CIVIL ACTION -LAW RALPH B. ZORN, x PI>Rintitf, x x ~.. x )t r~ICI;ELLE n. (zoxx~ sMOr>~, x De>l'end~utt )( x No. Ob-6~4S6 CIVII.1'ERM - IN cvsTODY- CU5TODY STIPULATION AND CONSENT ORDER AND NOW, this 1 ~j day of , 2007, aeon consent of the Parties, as svidcncod by their signatures on the Joinder attached hcrcto, ii is hereby Order+cd that: 1. Ralph B. Zam, hereinafter referred to as "Father", shall maintain Primary Physical custody of the parties' minor child, Ryan N. Zorn, whose date of birth was on Decxmbcr 23,1993. 2, Ralph $. Zom and 14Gchelle D. Smith, hereinafter refereed to as "Father or Mother, shall share legal custody of the minor child. 3. Mother shall have partial physical custody of the child during the following time periods: A. From Thursday, February 1S, 2007 ai 6 P.M. tbmugb Sunday Febmary ~18, 2007 at Six (6) P.M. B. Sunday, Meech 4, 2007 free Noon until Six (6) P.M.; C. Sunday, March l8, 200? from Noon until Six (6) P.M.; .a. Ol/~/07 WED 17:99 FAX 814 445 6962 ATTYS. AT LAW ~ 009 -., -r..•- - - - -- ~. - D. From Thursday April S, 2007 at 6 P.M, through Monday Apri19, 2007 at Six (6) P.M.; E. Every other weekend commenciwg Friday, Apri120, 2007 at six (ti) P. M. ~gll suoday Aprii 22, 2047 at Six (6) P. M; F. Two (2) weclcs durir~ the month of ]une and two (2) weeks during the month of July of each year as cam be agreed by the paRies; G. Each Mother's Day as may be ageed by the parties; H. A portia~n of Christmas school vacation es can be agreed by the parties; I. Other holidays as ag~+eed to by the parties. 4. Hoch parties shall refrain from speaking poorly about the other pardrt wbiie in the presence of the child and they shall instruct other family members and friends to do the S. The parties ag<ee that the proper venue for Any proceedings regarding custody of their minor son is currently Cumberland County, Pennsylvania and Mother shall so indicate to the Court of Cammoa Pleas of Somerset County, Pennsylvania by exec~rting and filiung the Stipulation prepared by Father's counsel and dated ]anuary 26, 2007 with The Court of Common Pleas of Somerset County, Pennsylvania. BY ~ COURT: ,. ~~~~ fl~~~ o~ .~~ ~ ~ ~~ C~~ n