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Home My WebLink About94-02354 \.0 U ;f I ..)I' "& ~ N / i I (I ~ -:r- lo (V1 n , d= . I ~I , j!"',,:,~ M'~Y 0 5 199~ JJv v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY II'" - ;J 35" Li c.v~l... .::fL",~ : NO. CIVIL 1994 MARILYN M. ZEMANIK Plaintiff RODNEY A. LONGENBERGER Defendant ORDER OF COURT AND NOW, thisg~ day of {V'.:...t , 1994, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, c ....1 L.fl",k- (:A, , . ,- Ie>\" S\, V""co'jn. ~ Jt'.,~ , the concIliator, at ~d!> 1'\ ' , CUlllbc.ldud COI1..!) Cuu.thuu,c, on the q th.day of J ~,tftP , 19~, at '3 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. 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, FOR THE COURT, , f)nb 6~'1, 1Wr'1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4th Floor CARLISLE, PA 17013 717/240-6200 ~ H~y b ~ 23 PH '9~ 'I'.:F , .. ): .. ..r _~~)' /,. " ( I;"l ., " MAY 02 1894 cIA- v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA : CIVIL ACTION - LAW : NO. CIVIL 1994 MARILYN M. ZEMANIK, Plaintiff RODNEY A. LONGENBERGER, Defendant : CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you for any other claim or relief requested in these papers by the plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SEf FORTH BELOW TO FIND OUT WHERE YOU CAN GEf LEGAL HELP. Court Administrator Fourth Floor Carlisle, Pennsylvania 17013 (717)240-6200 :'lfMJI.,';:tir';,'. l, MARILYN M. ZEMANIK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY Qc4-..<35't c.,-v..L;r..,:v.~ : NO. CIVIL 1994 RODNEY A. LONGENBERGER Defendant COMPLAINT FOR CUSTODY AND NOW, the plaintiff, Marilyn M. Zemanik, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The plaintiff is Marilyn M. Zemanik, residing at 4 Country Club Place, West, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The defendant is Rodney A. Longenberger, residing at State Correctional Institution, Mahanoy, 301 Morea Road, Frackville, Pennsylvania 17932. 3. Plaintiff seeks a custody agreement regarding the following children. r!mw: Present Address Aee/d.o.b. Nichole Longenberger 4 Country Club Place, W. Camp Hill, PA 17011 4 - 10/09/89 Michael Longenberger 4 Country Club Place, W. Camp Hill, PA 17011 3 - 02/10/91 The children were not born out of wedlock. The children are presently in the custody of Marilyn M. Zemanik, who resides at 4 Country Club Place, West, Camp Hill, Cumberland County, Pennsylvania 17011. The children have resided with the following persons and at the following addresses: Persons Marilyn Zemanik Marilyn's Molher Marilyn Zemanik Rodney Longenberger Marilyn Zemanik Rodney Longenberger Marilyn Zemanik Rodney Longenberger Marilyn Zemanik Rodney Longenberger Addresses I2llla 4 Country Club Place, W. Camp Hill, PA 17011 3rd Street Columbia, PA 3/92 - present 12/22/91 - 2/92 Front Street Wrightsille, PA 1/1/91 - 12/1/91 2nd Street Wrightsville, PA 1/1/90 - 12/31/90 West Street York, PA Birth - 12/31/89 The mother of the children is Marilyn M. Zemanik, currently residing at 4 Country Club Place, West, Camp Hill, Cumberland County, Pennsylvania 17011. She is single, The father of the children is Rodney A. Longenberger, currently residing at Slate Correctional Institution, Mahanoy, 301 Morea Road, Frackville, Pennsylvania 17032. He is single. 4. The relationship of the defendant to the children is that of father. S. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons: lSam.l: Relationship Theresa M, Reilly Mother Nicole Longenberger Daughter Michael Longenberger Son 6, 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of the children since birth; b) Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; c) Plaintiff is willing to accept custody of the children; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children; e) children. Defendant has not indicated to plaintiff an interest in accepting custody of the t) 8. Defendant is currently incarcerated. 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. WHEREFORE, plaintiff requests the court to grant sole legal and physical custody of the children to plaintiff, subject to reasonable visitation by defendant at plaintifrs residence with at least three days notice, when defendant is not incarcerated. Date~4 tJ[w It-t ,} L!t(Q/il!}->..k MARIA S. MARCZAK Certified Legal Intern ~a.~~ THOM~ M. PLACE ROBER E. RAINS LINDA E. FISHER HARVEY A. FELDMAN Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 ':'!.' '.;' .~ :... , , ..; '~,~1 .. . . .' ,>~, .;,"..,,~,0:i~~l";"~r,"~'~; \ ,+_._"~"~--'---" \ -..->-.... ,- HAY ~ I 2~ fH 'g~ OF ) lit 'l~i<l,f'Of CUHHElll'i,;3t)t1CT A~y PEhI/SH"IOS~lm '''4 (34( Cc-. -II 3S, dO ~--------""....".---_...._,.,._...- ... , I , . .. -. .' " 'I " .~:;. ':'- ';~~'-'-'--:""" ,( ,-~-'1.:,~;'~"';- MARILYN M. ZEMANIK, Plaintiff MAY 02 1994 dA.. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY q 't - ,:u 5' 't c..vJ..;r~ : NO. CIVIL 1994 RODNEY A, LONGENBERGER, Defendant ORDER OF COURT .,)o.\;\ AND NOW, this )- day of ! I, L ,-~), 1994, on consideration of the attached petitioner's Affidavit, leave is granted to the petitialler to proceed in forma pauperis to the extent that she is relieved of all costs in this action. By the Court, , 11(.(,-,,1 t Ill-- J. H~r 'I I 23 PH '9~ ,', 'I'IF r '. , ~ ;.~ r.} ',.., : '1 j , 11' '... . ' '. MARILYN M. ZEMANlK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA v. : CIVIL ACfION - LAW : IN CUSTODY RODNEY A. LONGENBERGER, Defendant : NO. CIVIL 1994 PETITION TO PROCEED IN FORMA PAUPERIS Marilyn M. Zemanik, plaintiff in the above titled action, respectfully requests this Honorable Court to grant her leave pursuant to Pa.R.C,P. 1920.62 proceed in forma pauperis to the extent that she be relieved of all costs attendant to this action. Date~ ~C\k ~ Q, ~/fM)J(\ THOMASt. PLACE ROBERT . RAINS LINDA E. FISHER HARVEY A. FELDMAN Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 MARILYN M. ZEMANIK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACfION - LAW : NO. CIVIL 1994 RODNEY A. LONGENBERGER, Defendant : CUSTODY AFFIDA VIT SUPPORTING PETITION FOR LEt\YE TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Marilyn M. Zemanik Address: 4 Country Club Place, W., Camp Hill, PA 17011 Social Security No.: 200-62-7989 (b) Employment If you are presently employed, state Employer: Address: Salary or wages per month: None Type of work: If you are presently unemployed, state Date of last employment: December 1990 Salary or wages per month: Type of work: Clerk (Toys-R-Us) (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social security benefits: Support payments: None Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: $405.00fmonlh Other: (d) Other contributions to household support Name: nla Employer: Salary or wages per month: Type of work: Contributions from children: Contributions from parents: Other contributions: (e) Property owned Cash: none Checking account: nla Savings account: nla Certificates of deposit: nla Real estate (including home): n/a Motor vehicle: 1988 Ford LX Station Wagon Stocks: bonds: nla Other: (t) Debts and obligations Mortgage: Rent: $250.00/month Loans: none Food: $200.00/month Phone: $ 20.00/month Car Expenses: $25.00/month (g) Persons dependent upon you for support Name: Children, if any: Name: Nicole Longenberger Michael Longenberger Other persons: none Name: Relationship: Age: 4 yrs. Age: 3 yrs. 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. fi4904, relating to unsworn falsification to authorities. Date Y/l "f /<}f/ / )- , . t---""'; . " ...' 1 ,/ '",/ -/.. ~lyn'M~~~ZJ' d ,,~~ _' ..,...."u MARILYN M. ZEMANIK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY RODNEY A. LONGENBERGER, Defendant : NO. CIVIL 1994 ATTORNEYIS AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, Maria S. Marczak, of the Family Law Clinic, attorney for the party petitioning to proceed in forma pauperis, certify that I believe petitioner is unable to pay the costs of instituting this action and that I am providing free legal service to petitioner. Plaintifrs Affidavit showing inability to pay the costs of litigation is attached hereto. Date c; 111 ~ 1IJn II j CL, J, 'flfpA1!J 0.1 Maria S. Marczak Certified Legal Intern ~a,~ THOMA . PLACE ROBERT E. RAINS LINDA E. FISHER HARVEY A. FELDMAN Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 ---'-'~~-" --....,.. .' . ~~~'.i,l~;" ~._ ,. _._.,,-,,-' .,~".~'...:... _'.~.J.:. . -,e-:-~' ""':':'-::'" ; ':;:-:~t, J:>i- '_, ,i'-' -.:..' .-~; , -. \-..'j..L.\.""~4---';:~~.~:;:' ","~';!4*~: ~,,1ti.~~. , - .,. .-,~ ..,.....;.,. .- .i~'-:;i;,{';';oi...'~::~~;~!- ;.k:;-.', ~AJ ~ I 29 PH '9~ : ~I ",'i'I 'CE Of ",E h,Q t10HnM,y CUf:I.~,Il,L,':';) C%HIY r["t\:>)t~il'i!A . I , . , , " .......-. ij..,; ,\, " lir" ',,' .., ....... I I I I ,..I .""t-.-. I I I 'f' MARILYN M, ZEMANIK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA v, : CIVIL ACTION - LAW : IN CUSTODY RODNEY A, LONGENBERGER Defendant : NO. 94-2354 CIVIL TERM 1994 ACKNOWLEDGMENT OF SERVICE I, Rodney A. Longenberger, certify that I personally accepted receipt of the Custody Complaint in this action, Date v/);)- J~ I t S,C,I. Mahanoy 301 Morea Road Frackville, PA 17932 v~ .\ ~. . ~, .., ~":<';':;' . -', - .~.~ . _f..... :-. t...;>::" . - ,~~t2a-~ " t"! r ,.:i - , ,"0 JUN J j lJG PH '~~I l I~ 'j t 1''1 "I . , " -.-- . ~ . _ --7/ f) "..--1 7'J (i' MARILYN M, ZEMANIK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : CUSTODY RODNEY A. LONGENBERGER, Defendant : NO,2354 CIVIL 1994 CUSTODY AND VISITATION AGREEMENT THIS AGREEMENT, made this9'Dday of ~, 1994, between Plaintiff. Marilyn M, Zemanik, (hereinafter "Mother") and Defendant, Rodney A, Longenberger, (hereinafter "Father") concerns the custody and visitation of the children: Michael Longenberger, born February 10, 1991, and Nicole Longenberger, born October 9, 1989, WHEREAS, mother and father desire to enter into an agreement as to the custody of the children, Michael Longenberger and Nicole Longenberger, and to have this agreement made an Order of Court, mother and father agree to the following: I, The mother shall have sole legal and physical custody of the children subject to reasonable visitation by the father (when he is not incarcerated in prison), 2, The father shall have visitation at mother's house with at least twenty-four (24) hours notice, Such notice will not guarantee visitation if Mother has already made plans for or with the children, 3, The falher shall not remove Ihe children from mother's house during visits, 4, The father shall refrain from drinking alcohol and using illegal drugs in the presence of the children, 5, The father shall refrain from drinking alcohol and using illegal drugs during the six hours preceding all visitations of the children, ~...; . . 6, The father acknowledges that he has bcen infonned that the Family Law Clinic only represcnts the mother in this mailer and thaI the Family Law Clinic has not given him any legal advice other than to seek his own counsel. 7. The undersigncd parties intend to be legally bound by the tenns of this agreement. Date~;; I lVif e ,~ -, /~ jt2~- ~' - -~,~ '-l'--'~ Paige R ini Certificd Legal Intern ~\/111/l1 ~~ RO~T E, RAINS THOMAS M, PLACE LINDA E, FISHER HARVEY A, FELDMAN Supervising Attorney Family Law Clinic 45 NOIth Pitt Street Carlisle, PA 17013 717-243-2968 Approved and entered as an Order of Court, Date J-~_k'J / / ) /1 C; L ( Jl~~-<( (-)l"t~ I 'I ...:t I , 'lJ '0,' L :JJ; II J'f "