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HomeMy WebLinkAbout02-5631 II PAULA M, ZIEGELMEIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW NO, ANDRE 0, ZIEGELMEIER, Defendant IN DIVORCE I CUSTODY NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County, This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania, You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse, If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice, Failure to do so will constitute a waiver of your right to request counseling, II PAULA M. ZIEGELMEIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW ANDRE 0, ZIEGELMEIER, Defendant /: NO, p:?---.5(p31 IN DIVORCE / CUSTODY COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, Paula Ziegelmeier, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1, The Plaintiff is Paula M. Ziegelmeier, an adult individual who currently resides at 2113 Mayfield Lane in Camp Hill, Cumberland County, Pennsylvania, 2, The Defendant is Andre 0, Ziegelmeier, an adult individual who currently resides at 9 Randle Court in New Castle, Delaware, 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint, 4, The Plaintiff and Defendant were married on 26 June 1993 in Camp Hill, Cumberland County, Pennsylvania, 5. There have been no prior actions of divorce or annulment between the parties, 6, The marriage is irretrievably broken, 7, Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8, The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania, 11 COUNT II - EQUITABLE DISTRIBUTION 9, During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto, WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as martial property, COUNT III - ALIMONY 10, Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage, 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment, 12, The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania, WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage, COUNT IV - ALIMONY PENDENTE LITE 13, Plaintiff is without sufficient income to support and maintain herself during the pendency of this action, 14, Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action, COUNT V - COUNSEL FEES AND EXPENSES 15, Plaintiff is without sufficient funds to retain counsel to represent her in this matter, 16, Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter, 1 7. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation, WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action, COUNT VI - CUSTODY 18, The Plaintiff and Defendant are the parents of two minor children, Alexandre Andre Ziegelmeier, born 20 July 1998 and Zachary Thomas Ziegelmeier, born 6 October 1999, 19. Plaintiff seeks an award of primary physical custody of the said minor children, Alexandre Andre and Zachary Thomas Ziegelmeier. 20. The children were not born out of wedlock and are presently in the custody of the Plaintiff, 21. Since birth, the children have resided with the following persons at the following addresses: July 1998 to October 2001 Plaintiff & Defendant 9 Randle Court New Castle, DE October 2001 to 15 May 2002 Plaintiff only New Castle, DE 15 May 2002 to present Plaintiff only 2113 Mayfred Lane Camp Hill, PA 17011 22. The mother of the children is the Plaintiff who resides at the address set out above, She is married to the Defendant, 23, The father of the children is the Defendant who resides at the address set out above, He is married to the Plaintiff, 24. The Plaintiff is the natural mother of the children. Plaintiff currently resides with the children and her parents, Mr. and Mrs, John Szwast at 2113 Mayfield Lane in Camp Hill, Pennsylvania, 25, The Defendant is the natural father of the children, Defendant currently resides alone, 26. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction, Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said children, 27, The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A, She has always been the primary care provider for the children and has been at home with them since the birth of the younger child. B. The younger child has special needs because of autism and Plaintiff has been the parent who has been involved in his care and treatment for those problems, C. The Plaintiff has had primary physical custody of the children for a period in excess of one year, D, The Plaintiff is better able to care for and meet the needs of the children, 28. 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 this Court to grant her custody of the children, Alexandre Andre Ziegelmeier and Zachary Thomas Ziegelmeier. S~~~ Attorney for Plaintiff Supreme Court ID # 17225 525 North 12'h Street Lemoyne, Pa 17043 (717) 761-5361 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 1 8 Pa. C,S, 4904 (unsworn falsification to authorities), Date: \ I \J S lo~ yo I < e.a.....m. ~ o~ Wm1'-" 0 V PAULA M. ZIEGE~ EI ~ I~ ~ ~. G-J ~. >0 ~ "- ~ <3'--, "- '-' CJ ~ w --(:- 1/', "- " "- ~ (). a ", "'v ~ Q c;, ~ \N S<.. ~ '::h ':::, ~ s::... ':i:::, i'~ s::... ',', ~- ~ ~ r '" :}-..., ~' ::.t: '" '" t-. ~ '-('. ~ ,"" ''''~ (:-J ~ " C 'I.,J ., "4 ~ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA M. ZIEGELMEIER v. 02-5631 CIVIL ACTION LAW ANDRE O. ZIEGELMEIER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, December 09, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on Friday, January 03, 2003 , the conciliator, at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Gree'l.ry. Esq. Custody Conciliator C/ 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 accessJlble 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 ATIORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ p ~ ~ ~ C'c?,o/-e/ 'h J; ~ ~~ r"t?G1/-e/ ~,.~ f$ ~ ~ /V r7/-r//-el VIN\I/\lASNN3d A.LNn08 or\Vl(J:J8V~nO Sf: :8 t,ld 0 I J3020 _ ::!C) PAULA M, ZIEGELMEIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 02-5631 ANDRE O. ZIEGELMEIER, Defendant IN DIVORCE / CUSTODY PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in the above matter. Date: 5 February 2003 c:~. \YlQ ~ Sa ~~ Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 o c: <" "1:..1 0::. rnrr, ': Z"'""1"-" ~~:" !<:C ~8 >C:: ~ -< o W ..." fT1 CD N 0", o .., '-1 F::: ..- 1 fTl :.1 'r' ~-; (~ ::j~, :C) :!:l -0,-0 ~5rn --.1 ~ -< S'~ o :..:> CP II PAULA M. ZIEGELMEIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA vs. CIVIL ACTION - LAW ANDRE O. ZIEGELMEIER, Defendant NO. 02-5631 IN DIVORCE / CUSTODY AFFIDAVIT OF SERVICE AND NOW comes Samuel L. Andes who, being duly sworn according to law, deposes and says as follows: 1. He is an attorney admitted to the practice of law before the Supreme Court of Pennsylvania and this Court and maintains his office for that purpose at 525 North Twelfth Street in Lemoyne, Pennsylvania. 2. He represents the Plaintiff in the above matter. 3. On the 24th day of March 2003, at approximately 11 :39 a.m., he served a certified copy of the reinstated Complaint in Divorce in this matter upon the Defendant, Andre O. Ziegelmeier by handing a copy to him in the lobby of the law firm of Johnson, Duffie, Stewart & Weidner in Lemoyne, Pennsylvania. v~~~ ~L. Andes Attorney for Plaintiff Supreme Court 10 # 17225 525 North 12th Street Lemoyne, Pa 1 7043 (717) 761-5361 Sworn to and subscribed before me this ::JhI-.h day of -MC1..n:..h \.2003. ~4fu~ Notary u lie. NOTARIAL SEAl _ ..HARKlNS, NOTARY PUBlIC POYNE BORG.. CUMBERI.AND COUNlY MY COMMISSION EXPIRES JAN. 31, 2005 () c: ~~ "DC !]'}C. ~~; ~.' C:i'; _.r:.:. g: ~S: 57 .. . r '., iii, .:. ~ i/' ., ~';'t.!I II r~-' ~. .~'_ J c....::~ ~ .CJ 7" ..,. '-.' _.' 1 ~ t,.1") MAR 3 1 2003 YJ PAULA M. ZIEGELMEIER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-5631 CIVIL TERM v. CIVIL ACTION - LAW ANDRE O. ZIEGELMEIER, IN CUSTODY Defendant ORDER OF COURT AND NOW, this Y day of April, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The Mother, Paula M. Ziegelmeier shall have primary legal custody of the minor children, Alexandre Andre Ziegelmeier, born July 20, 1998, and Zachary Thomas Ziegelmeier, born October 6, 1999. Father shall continue to have rights of legal custody which shall include the right to receive records related to the health, education and religious upbringing of the children, the right to participate in meetings with medical treatment providers and school staff and to contact individuals involved with the children, their care, religious upbringing and education. It is expected that Mother will promptly keep Father apprised of any developments with regard to the children that could reasonably be considered to be of concern to any parent. She shall see to it that Father is notified promptly of all meetings related to the children and the names and telephone numbers of their treatment providers and educational staff. In addition to providing updated information to Father in this regard, Mother shall have a continuing duty to provide progress reports in these areas and to include Father in whatever way he may be available to participate. 2. Physical Custody. Mother shall continue to have primary physical custody of the children subject to Father's rights of partial custody which shall be temporarily rearranged as follows: A. To commence April 5, 2003, on alternating weekends from Saturday morning at 11 :00 a.m. until Sunday evening at 7:00 p.m. 3. While this Order does not make a provision for a schedule of holiday and vacation time, the parties are required to cooperate with each other in making provisions to share these times with the children. 4. No later than the Wednesday evening preceding Father's custodial weekend, Father shall call to confirm his plans for partial custody for the upcoming weekend. In the event that Father becomes aware of a change in his availability due to work obligations, NO. 02-5631 CIVIL TERM which would necessarily change the weekend plan for partial custody with the Father, Father shall notify Mother at his earliest opportunity. 5. If Father misses a custodial weekend, he will have custody the following weekend and the alternating pattern will begin anew. J. Dist: Samuel L. Andes, Esquire, P.O. Box 168, Lemoyne, PA 17043 Jeanne B. Costopoulos, Esquire, 1400 N. Second Street, Harrisburg, I?A 17102 >cr ~ t.J-.. 0)..- OJ ~, 'v'lf\J'\'i\lASNN:ld II~Jr\~I- ("" ,'..,. ''''''''''\ln~ 1\':'..1 \l;~..).,,) ....!J\:"i'" 'i"~~_~!tiy V V '11 :8 ~lv Z- HdV EO AHlilOi\.':'..LOc,.) :0 3~lj:~'J-"(J].11:J PAULA M. ZIEGELMEIER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-5631 CIVIL TERM v. CIVIL ACTION - LAW ANDRE O. ZIEGELMEIER, IN CUSTODY Defendant 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Alexandre Andre Ziegelmeier Zachary Thomas Ziegelmeier July 20, 1998 October 6, 1999 Mother Mother 2. A Custody Conciliation Conference was held on March 24, 2003 following a request for a Conciliation Conference, which was made pursuant to a Custody Count included in the Divorce Complaint filed on or about November 26, 2002. The conference had been previously set for January 3, 2003, but was continued due to Plaintiff's counsel's obligation to meetings of the Disciplinary Committee of the Pennsylvania Supreme Court. The February 4, 2003 Conciliation Conference was rescheduled due to a healthcare crisis involving an elderly relative of the Defendant Father. Attending the conference were: the Mother, Paula M. Ziegelmeier, and her counsel, Samuel L. Andes, Esquire; the Father, Andre O. Ziegelmeier, and his counsel, Jeanne B. Costopoulos, Esquire. 3. Date Th; j::1:Ched an agreeme~~der as attached. Melissa Peel Greevy, Es uire Custody Conciliator :211378 " PAULA M. ZIEGELMEIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW NO, 02-5631 ANDRE 0, ZIEGELMEIER, Defendant IN DIVORCE / CUSTODY MOTION FOR HEARING ON ALIMONY PENDENTE LITE AND NOW comes the above-named Plaintiff by her attorney, Samuel L. Andes, and moves the court to schedule a domestic relations conference and, if necessary, a hearing, on her request for Alimony Pendente Lite, first raised in Count IV of her Divorce Complaint, a copy of which is attached hereto, ~.s~ Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 1/ CERTIFICATE OF SERVICE I hereby certify that I served an a copy of the foregoing Motion upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Jeanne B, Costopoulos, Esquire 1400 North Second Street Harrisburg, PA 17102 Date: 12 August 2003 ClnuJ3 '-1n. ~UlJ Amy M, rklns Secretary for Samuel L. Andes PAULA M. ZIEGELMEIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW ANDRE 0, ZIEGELMEIER, Defendant NO, 0,2, J&] / ilN DIVORCE / 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 foregoing pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court, A judgment may also 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. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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, Cumberland County Bar Assoc:iation 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 PAULA M, ZIEGELMEIER, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, ANDRE 0, ZIEGELMEIER, Defendant IN DIVORCE / CUSTODY NOTICE OF AVAilABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, CElrlisle, Pennsylvania, You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list, All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse, If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice, Failure to do so will constitute a waiver of your right to request counseling, PAULA M, ZIEGELMEIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO, ANDRE O. ZIEGELMEIER, Defendant IN DIVORCE I CUSTODY COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, Paula Ziegelmeier, by her attorney, Samuel L, Andes, and makes the following Complaint in Divorce: 1, The Plaintiff is Paula M, Ziegelmeier, an adult individual who currently resides at 2113 Mayfield Lane in Camp Hill, Cumberland County, Pennsylvania, 2, The Defendant is Andre 0, liege/meier, an adult individual who currently resides at 9 Randle Court in New Castle, Delaware. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint, 4, The Plaintiff and Defendant were married on 26 June 1993 in Camp Hill, Cumberland County, Pennsylvania, 5, There have been no prior actions of divorce .or annulment between the parties, 6, The marriage is irretrievably broken, 7, Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce, WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9, During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable COLlrt, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. COUNT III - ALIMONY 10, Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12, The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania, WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage, COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action, 14, Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action, COUNT V - COUNSEL FEES AND EXPENSES 1 5. Plaintiff is without sufficient funds to retain counsel to represent her in this matter, 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her riohts in this matter, 1 7, Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation, WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. COUNT VI - CUSTODY 18, The Plaintiff and Defendant are the parents of two minor children, Alexandre Andre Ziegelmeier, born 20 July 1998 and Zachary Thomas Ziegelmeier, born 6 October 1999. 19, Plaintiff seeks an award of primary physical custody of the said minor children, Alexandre Andre and Zachary Thomas Ziegelmeier, 20, The children were not born out of wedlock and are presently in the custody of the Plaintiff. 21, Since birth, the children have resided with the following persons at the following addresses: July 1998 to October 2001 Plaintiff & Defendant 9 Randle Court New Castle, DE October 2001 to 15 May 2002 Plaintiff only New Castle, DE 15 May 2002 to present Plaintiff only 2113 Mayfred Lane Camp Hill, PA 17011 22. The mother of the children is the Plaintiff who resides at the address set out above, She is married to the Defendant, 23, The father of the children is the Defendant who resides at the address set out above, He is married to the Plaintiff, 24, The Plaintiff is the natural mother of the children, Plaintiff currently resides with the children and her parents, Mr, and Mrs, John Szwast at 2113 Mayfield Lane in Camp Hill, Pennsylvania, 25. The Defendant is the natural father of the Ghildren. Defendant currently resides alone, 26. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. VERIFICATION I verify that the statements made in this Complaint are true and correct, I understand that any false statements in this Complaint are subject to the penalties of 18 Pa, C,S, 4904 (unsworn falsification to authorities), Date: 1\ LJ 'i) lo~ yo I A Qa....nI. ~ oFt Qrrni (J, V PAULA M, ZIEGE~ EI 2 ~ ""occ' r"nr-:"l "2"--1 --' LC U').....'. 2 <:: ;;;c ~c :$c:: ~ ~ C~) L,) ~ ,::;::; o '.n ;....J i'c:J , , ,-,:'1, " '~ICJ to. -'Tj "" ;::~~I~~ ;::~ j;; -< .~ '-~ ::<: .r> '.11 (0 t t' cJ B PAULA M. ZIEGELMEIER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE ANDRE O. ZIEGELMEIER, Defendant/Respondent NO. 2002-5631 CIVIL TERM IN DIVORCE Pacses# 606105750 ORDER OF COURT AND NOW, this 4th day of September, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.I. Shaddavon October 7. 2003 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11<<:> (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 9,4,03 to: Petitioner < Respondent Samuel Andes, Esquire 1:~~~ Date of Order: September 4, 2003 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY A TTEN)) THE CONFERENCE AN)) REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIN)) OUT WHERE YOU MAY GET LEGAL HELP. CUMBERI.AND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 DO&> :.~~ c. .::" j'~'l. n ~:! ci (') c: S: 'U07 rTln-. 2::;:-; ""'>-[' (I)) -<.< ~'I )7(' $.-~~. 2 -~i -< ~ ':..> <::n o c....) U) ,." ." I (J; o -Tj ---I ,., '-, -'i "i"';':; """, D , , :'~~) ')~' ;;.C) . -1fT) ~ -< -'2 PAULA M. ZIEGELMEIER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE ANDRE O. ZIEGELMEIER, Defendant/Respondent NO. 02-5631 CIVIL TERM IN DIVORCE Pacses# 606105750 ORDER OF COURT AND NOW, this 7th day of October, 2003, based upon the Court's detennination that Petitioner's monthly net income/earning capacity is $0.00 and Respondent's monthly net income/earning capacity is $2,301.91, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $660.00 per month payable monthly as follows; $650.00 for alimony pendente lite and $10.00 on arrears. First payment due next pay date. Arrears set at $1300.00 as of October 7, 2003. The effective date ofthe order is October 7, 2003. This order is based upon an agreement of the parties and takes into consideration that the plaintiff is not working, that defendant is paying support for the parties two children and maintaining medical coverage for wife and two children. Failure to make each payment on time and in full will cause all arre'ars to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.s 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Paula M. Ziegel'meier. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: P A SCDU P.O. Box 69110 Harrisburg, PAl 7106-9110 Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by maiL Unreimbursed medical expenses that exceed $250.00 annually an:' to be paid 0% by the respondent and] 00% by petitioner. The petitioner is responsible to pay the fiirst $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy oftht, benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Plaintiff/Petitioner Plaintiff/Petitioner's Attorney Defendant/Respondent Defendant/Respondent's Attorney DRO, R. J. Shadday Majled copies on ] 0,8,03 10: Petitioner Respondent Samuel Andes, Esquire Jeanne Costopoulos, Esquire BY THE COURT, ~'1~ J\ Edgar Bayley C' ~"r"';('l !i?, (j (') ~ ""t,ll~?" rr1r . 7 c' 7, u~,: ~::' ~t~ ..-~' =-~ o '-'-, o n -.'" , \.0 :..) ....) (r' ... o "Tl -n ;_." ::J C? -1-. :'J C) in ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania Co'/City/Dist of CUMBERLAND Date of O,de,/Notice 10/07/03 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice DOLLAR TREE STORES INC 500 VOLVO PKWY CHESAPEAKE VA 23320-1604 RE, ZIEGELMEIER, ANDRE O. I n ~ Iv CI11V Employee/Obligor's Name (last. First, M') "V '.J I 195-50-9110 Employee/Obligor's Social Security Number ~ 6496100993 Employee/Obligor's Case Identifier 'L 51.1.1 (See Addendum for plaintiff names - ,WJ associated with cases on attachment) ~i Y t \ Custodial Parent's Name (last, First, Mil EmployerlWithholder's Federal EIN Number See Addendum for dependent names and birth dates associat.?(/ with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an orde, for support f,om CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are ,equi,ed to deduct these amounts from the above,named employee's/obligor's income until further notice even if the Order/Notice is not issued by you, State. $ 650.00 pe' month in cur,ent support $ 10.00 per month in past-due support $ 0.00 per month in medical support $ 0.00 per month fo, genetic test costs $ per month in other (specify) for a total of $ 660000 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support o,der. If your pay cycle does not match the o,dered support payment cycle, use the following to determine how much to withhold: $ 152.31 per weekly pay period. $ 304.62 pe' biweekly pay pe,iod (every two weeks). $ 330.00 per semimonthly pay period (twice a month). $ 660.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no laterthan the fi,st pay pe,iod occur,ing ten (10) wo,king days afte, the date of this O,der/Notice. Send payment within seven (7) working days of the paydateldate of withholding. You a'e entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the wo,k state of your employee for the allowable amount The total withheld amount, and your fee, cannot exceed S5% of the employee'sl obligor's agg'egate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). Ar,ears 1 2 weeks or greater? o yes <R> no t..-~ .OCIO 8J~tlr If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Custome, Service at 1-877-676-9580 fo, instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER 10 (shown ...~ $" """""..;obI,"",', c.,. --, OR 'OC,,, ""~" '" ORDER ro" nK>CmEo DO NOT SEND CASH BY MAIL. ~ 8Y TH CURT: Date of Orde,: OCT 0 8 2003 f^"" \ 0.'1 ~ ~~ \t~ Form EN:028 Service Type M OM' No" 0970.015)/0\ I Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you a,e ,equi,ed to p,ovi(ie a \,opy of this fo,m to you, employee. If yoUr employe~fwo'ks in.a state that iSd ditterent from the state that issued this order, a copy must be provided to your employee even I the box 15 not checke . 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding unde, this Order/Notice has p,iority ave' any othe, legal p,oceS5. unde, State law against the same income. Fede,al tax levies in effect before receipt of this o,de, have p,iority. If the,e are Fede,al tax levies in effect please contact the ,equesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency ,equesting withholding. You must, howeve" sepa,ately identify the portion of the single payment that is attributable to each employee/obligo,. 4. * R(p6Itil,g L1.e F'ayJhl(,'Date of 'vVitl,I,old;l,g. YOu IlIust l~pol1 ti,e l~hiydate!dAoc of n;t1,I,old;"g vvl,el, ;!.t..dil,g ILl pc1yI1l61t. Ti,e p,aydare/date of yy;U,I,oldillg;5 tIle dolL or. nl,;d, alllvu"t vvCl.S yyal,l,{.ld f1o" , ti,e ,,=,",pIOye,_'3 yyages. You must comply with the law of the state of the employee's/obligo,'s p,incipal place of employment with 'espect to the time pe,iods within which you must implement the withholding o,der and fOlWa,d the support payments. 5.' Employee/Obligor with Multiple Support Holdings: If the,e is more than one O,de,/~Iotice to Withhold Income fa, Support against this employee/obligo, and you a'e unable to hono, all support Orde,/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligo,'s principal place of empioyment You must hono, all Orders/Notices to the g,eatest extent possible. (See #10 below) 6. Termination Notification: You must p,omptly notify the Requesting Agency when the employee/obligo, is no longer wo,king for you. Please p,ovlde the information ,equested and 'eturn a copy of this O,de,/Notice to the Agency identified below. WITHHOLDER'S 10: 5413873650 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: ZIEGELMEIER, ANDRE O. 6496100993 DATE OF SEPARATION: 7. Lump Sum Payments: You may be ,equired to report and withhold f,om lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Orde,/Notice directs, you a,e liable fa, both the accumulated amount you should have withheld from the employee/obligo,'s income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligo, is employed in anothe, State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.' Withholding Limits: You may not withhold mo'e than the lesse, of: 1) the amounts allowed by the Fede,al Consume, Credit Protection Act 115 U.s.c. ~1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligo,'s principal place of employment The Fede,allimit applies to the agg'egate disposable weekly eamings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: 'NOTE: If you or your agent a,e served with a copy of this o,de, in the state that issued the o,der, you a,e to follow the law of the state that issued this o,de, with 'espect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or you, employee!obligo, have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 0' by FAX at lZlZL240-6248 0' by internet www.childsupportstate.pa.us Page 2 of 2 Fo,m EN-028 Worker ID $IATT Service Type M OMBNo.:0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ZIEGELMEIER, ANDRE O. PACSES Case Number 606105750 Plaintiff Name PAULA M. ZIEGELMEIER Docket Attachment Amount 02::s63l CIVIL$ 660.00 Child(,en)'s Name(s), PACSES Case ~Iumbe' Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(,en)'s ~Iame(s)' DOB o If checked, you are ,equi,ed to enroll the chiid(,en) identified above in any health insurance coverage available th,ough the employee's/obligor's employment. you a,e ,equired to en,oll the chiid(ren) above in any health insurance coverage available the employee's/obligor's employment. PACSES Case Numbe, Plaintiff Name PACSES Case Numbe, Plaintiff Name Docket Attachment Amount $ 0.00 Child(,en)'s Name(s), DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s), DOB o If checked, you are ,equired to en,oll the chiid(,en) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are requi,ed to enroll the child(,en) identified above in any health insurance coverage available through the employee's/obligo,'s employment. PACSES Case Number Plaintiff Name PACSES Case Numbe, Plaintiff Nam<;:. Docket Attachment Amount $ 0.00 Child(,en)'s Name(s), DOB Docket Attachment Amount $ 0.00 Child(,en)'s Name(s), DOB o If checked, you a,e ,equi,ed to en,oll the child(,en) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are ,equi,ed to enroll the chiid(,en) identified above in any health insurance coverage available through the "mployee's/obligor's employment. Addendum Fo,m EN-028 Worke,lD $IATT Service Type M OMBNo.:0970.0154 ,::t f"} (-i8C{ () ~ l"J[l\ rTlrT' ~-, ""--.1' U;~i~, ;:$ ;,: <",C :?::.-. ~- ~~~-~ C 2: ::::! ="'..i :.) (J1 c:>) (...J C::> ,-, -< I to () -'"1 .; "~o ...". , <) U : iT1 0] ~~ II PAULA M. ZIEGELMEIER, Plaintiff IN THE COURT OF COMMON PLEAS 01= CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ANDRE O. ZIEGELMEIER, Defendant NO, 02-5631 CIVIL TERM IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE: OF A SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 009.22, Plaintiff, Paula M. Ziegelmeier, certifies that: 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto as mailed or delivered to each party at least twenty (20) days prior to the date on which the ubpoena is sought to be serve, 2. A copy of the notice of intent, including the proposed subpoena, is attached to this ertificate. 3. No objection to the subpoena has been received, 4. The subpoena which will be served is identical to the subpoena which is attached to the otice of intent to serve the subpoena. ate: )4 M~'1 U)\~ l:? \~~A~ ~l Attorney for Plaintiff 525 North 1.2th Street Lemoyne, PA 17043 (717) 761-5:361 Supreme Court 17225 n c- "-., C"_~:) c:..;.~ ~- - :"", o --., :::1 ri'l:n r- 'Tlr-q :::;:, C) "', t !{'j -n .~-, . , '-0 ~~,.. ,,', ~ ~ :::i! ~? c.~.) 0-, " PAULA M. ZIEGELMEIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V5. CIVIL ACTION - LAW ANDRE O. ZIEGELMEIER, Defendant 1\10. 02-5631 CIVIL TERM IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 009,22, Plaintiff, Paula M, Ziegelmeier, certifies that: 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto as mailed or delivered to each party at least twenty (20) days prior to the date on which the ubpoena is sought to be serve. 2. A copy of the notice of intent, including the proposed subpoena, is attached to this ertificate. 3. No objection to the subpoena has been received. 4. The subpoena which will be served is identical to the subpoena which is attached to the otice of intent to serve the subpoena. ate:~ /Jp. 2n)C\ 1 ';.) - ~ Q..Sb- ~~ Attorney for Plaintiff 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 Supreme Court 17225 o s-:; ~~ ~T. :--....- " (,r~ ~~.~;:: >~ 3- r-> C) "'~ .:- ~;. ~ C) -n ~-n plp ""otD 'U,-..J Cc2.~) .~~~S ::::JfT: _:.-\ -:r.;:, ;::(: \.0 ~: ..g W (j\ c PAULA M. ZIEGELMEIER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 02-5631 ANDRE O. ZIEGELMEIER, Defendant CIVIL ACTION - LAW DIVORCE/CUSTODY PRTITTON TO WTTHDRA W AS COIJNSRT, AND NOW, comes Jeanne B. Costopoulos, Esquire, attorney of record for Defendant, Andre O. Ziegelmeier, and respectfully represents the following in support of this petition: 1. Petitioner is undersigned counsel, Jeanne B. Costopoulos, Esquire, attorney of record for Defendant, Andre O. Ziegelmeier, in the above captioned custody case. 2. Petitioner was retained by Defendant on December 26, 2002 to represent him at a custody conciliation conference. Petitioner represented Defendant at said conference before Melissa P. Greevy, Esquire, on March 24,2003. 3. In April of 2003, Petitioner was faxed divorce pleadings filed by Joseph A. Wahl, Defendant's attorney in Delaware. 4. In May of 2003, Petitioner sent Defendant a letter requesting a retainer for divorce proceedings pending in Pennsylvania. Defendant did not respond to said letter. 5. Petitioner has not been retained by Defendant regarding divorce proceedings. The fee agreement between Defendant and Petitioner was solely regarding child custody proceedings. 6. Petitioner is without sufficient information and has not been in communication with Defendant and is unable to act on Defendant's behalf regarding divorce proceedings. WHEREFORE, Petitioner Jeanne B. Costopoulos, Esquire, respectfully requests this Honorable Court to permit her to ""ithdrawas counsel from Defendant's case. y submitted by: DATED: ItJ!/)'/?01 eanne B. Costopoulos, Esquire P A S.Ct. I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 PAULA M. ZIEGELMEIER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 02-5631 ANDRE O. ZIEGELMEIER, Defendant : CNIL ACTION - LAW : DNORCE/CUSTODY VRRTFTCA TTON I, Jeanne B. Costopoulos, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: {~/tj'(7d7 Signature: / _ ~ B. Costopoulos, Esquire---- PAULA M. ZIEGELMEIER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 02-5631 ANDRE O. ZIEGELMEIER, Defendant : CIVIL ACTION - LAW : DIVORCE/CUSTODY CF,RTTFTCA TF, OF SF,RVTCF, I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving true and correct copies of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, at Mechanicsburg, Pennsylvania, postage prepaid and addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Andre O. Ziegelmeier 9 Randle Court New Castle, DE 19720 BY: / LY Jeanne B. Costopoulos, Esquire P A S.Ct. I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 ------ DATED: u/; ;/""'/ (') :..1 " ) C ~:~j -, J"o-.) C:M} C":) .r.:- ~ o --L::.: o -Tl --... (:;Z1 , -,.,r-fl "I ;::::1 l "~; (L, r~l -11 ! :~;~ ........,1 ~; ':;:] -< u, -n -. -'.... C) O. () PAULA M. ZIEGELMEIER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 02-5631 ANDRE O. ZIEGELMEIER, Defendant CIVIL ACTION - LAW DIVORCE/CUSTODY PF.TTTTON TO WTTHDRA W AS COTTNSF.T. AND NOW, comes Jeanne B. Costopoulos, Esquire, attorney of record for Defendant, Andre O. Ziegelmeier, and respectfully represents the following in support of this petition: 1. Petitioner is undersigned counsel, Jeanne B. Costopoulos, Esquire, attorney of record for Defendant, Andre O. Ziegelmeier, in the above captioned custody case. 2. Petitioner was retained by Defendant on December 26, 2002 to represent him at a custody conciliation conference. Petitioner represented Defendant at said conference before Melissa P. Greevy, Esquire, on March 24,2003. 3. In April of 2003, Petitioner was faxed divorce pleadings filed by Joseph A. Wahl, Defendant's attorney in Delaware. 4. In May of 2003, Petitioner sent Defendant a letter requesting a retainer for divorce proceedings pending in Pennsylvania. Defendant did not respond to said letter. 5. Petitioner has not been retained by Defendant regarding divorce proceedings. The fee agreement between Defendant and Petitioner was solely regarding child custody proceedings. 6. Petitioner is without sufficient information and has not been in communication with '. . ,.,. Defendant and is unable to act on Defendant's behalf regarding divorce proceedings. WHEREFORE, Petitioner Jeanne B. Costopoulos, Esquire, respectfully requests this Honorable Court to permit her to ",,;thdraw as counsel from Defendant's case. DATED: (~I/)l?cJ1 ReSp~y submitted by: eo B. Costopoul;E.;j;;m: PA S.Ct. I.D. No. 68735 5000 Ritter Road, Suite 202 Me(:hanicsburg, P A 17055 Phone: (717) 790-9546 ~. PAULA M. ZIEGELMEIER, Plaintiff v. ANDRE O. ZIEGELMEIER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-5631 : CIVIL ACTION - LA W : DIVORCE/CUSTODY VRRIFlCA TION I, Jeanne B. Costopoulos, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: {~~r!?O?J/ / Signature: PAULA M. ZIEGELMEIER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 02-5631 ANDRE O. ZIEGELMEIER, Defendant : CIVIL ACTION - LAW : DIVORCE/CUSTODY CF.RTIFTCA TF. OF SF.RV1CF, I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving true and correct copies of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, at Mechanicsburg, Pennsylvania, postage prepaid and addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, P A 17043 Andre O. Ziegelmeier 9 Randle Court New Castle, DE 19720 BY: ~ ---- Jeanne B. Costopoulos, Esquire P A S.Ct. I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 DATED: td/t)/C''j .J C ,;t ')~ (') <'-.l -, .. r-..:> C:'__' C;) .<:- -- C::) ...~ (') ".Ii ._.~ ~'lr.i?J ,." - I G\ '. ,- 'J -".- ! . ..~~ 'I "-... /" {~ .r;'" C1 C) -< ~ o . , NOV ~04 \7 PAULA M. ZIEGELMEIER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 02-5631 ANDRE O. ZIEGELMEIER, Defendant : CIVIL ACTION - LAW : DIVORCE/CUSTODY ORDF.R OF COTlRT AND NOW thi~ day of --!) 111 ~ --.,., 2004, a rule is hereby issued on both parties to show cause why the attached Petition to Withdraw as Counsel should not be granted. Rule returnable ']0 days from servic:e. BYTIIECOURT:')? .' // . ' -\ ,// ~~l~ " J. .~~ Vti'ffijY;/\S;\JN:Jd t o.lrlr;.~, I '-'.--;:/,1'''1''\ Air\. h.J..-: '~':J~ 'J! IV 6 t; : fI W\1 08 AON ~Dal At11:LOI\)Ol~UjJdd 3~~11 =0 3'8/:1::!O-Cl3T:! PAULA M. ZIEGELMEIER, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 5631 CIVIL ANDRE O. ZIEGELMEIER, Defendant IN DIVORCE ORDER OF COURT _7 ~ AND NOW, this / doyof Qui" the proceedfngs aving been 2005, the economic claims raised in resolved in accordance with a property settlement agreement dated February 16, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Samuel L. Andes Attorney for Plaintiff Andre O. Ziegelmeier Defendant ~ '~ 1-0'7-0:! .-, +- \flNViYL\Sh)I;~_jd lJ"('I~~ ,"'- r '..'~'''fln'' J'Ii '\J._~ ,:'. r,: "";,':]1\1 V I I :01 ~1V L - lnr SOOZ AHtilONOH10(Jd 3Hl.:lO 3:)1:J~Q-{]311:1 ." '1Lc. O~ - 51-,31 ~/--- PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this I loth day of I , 2005, is by and between: ANDRE O. ZIEGELMEIER, of 9 Randle Court in New Castle, Delaware 19720, hereinafter referred to as "Husband"; and PAULA M. ZIEGELMEIER, of 66 Queen Avenue in Enola, Pennsylvania 17025, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 26 June 1993 and are the natural parents of two minor children: Alexandre Andre Ziegelmeier, born 20 July 1998 and Zachary Thomas Ziegelmeier, born 6 October 1999 (hereinafter referred to as "children"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from onl3 another and Wife has initiated an action in divorce filed to No. 02-5631 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto have mutually entered ilito an agreement for the division of their assets, the provision for their children and for their rights and responsibilities in and toward such children, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinaiter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1, CUSTODY OF CHILDREN, Husband and Wife are parties to an action in child custody filed to No. 02-5631 Civil Term before the Court of Common Pleas of Cumberland County in which an order has been entered, dated 1 April 2003, awarding shared legal custody to the parties and awarding primary physical custody to Wife with Page 1 of 9 certain periods of temporary custody for Husband. The parties agree that they will be bound by the orders entered in that action now and in the future and this Agreement does not make other provision for the custody of the children. 2. CHILD SUPPORT. Husband and Wife are currently parties to an action for child support before the Family Court of the State of Delaware for New Castle County, to file No. CN02-08783, in which an order has been entered which requires Husband to pay child support to Wife. Regarding financial support for the children in the future, the parties hereby agree as follows: A. Wife shall commence a child support action against Husband before the Court of Common Pleas of Cumberland County, Pennsylvania, Husband shall agree to the jurisdiction of that court and cooperate so that a child support order can be entered in that action. B. Upon the entry of an order in the Cumbe~rland County action, Wife will discontinue the child support action currently pending in Delaware. Husband will pay all sums due under that order up to the date of its termination within thirty (30) days of the date the order is terminated and the parties will have no further participation in the Delaware County child support action in the future. It is the intention of the parties that future child support matters will be resolved in the action which Wife will file before the Court of Common Pleas of Cumberland County. Both parties will cooperate in that action so an order can be entered as promptly as possible and the Delaware child support action can be promptly terminated after the entry of an order in the Cumberland County action. 3. SALE OF RESIDENCE. The parties acknowledge that they recently sold the marital residence at 9 Randle Court in New Castle, Delaware and that the net proceeds of sale, after payment of the mortgage and other debts and obligations, was $26,211.01. The parties shall endorse that check to be paid over to Wife and Wife will retain those proceeds as her sole and separate property free of any further claim by Husband. The partieS will cooperate to get the check endorsed, delivered, and paid to Wife, as promptly as possible after the execution of this Agreement and shall make, execute, acknowledge, and deliver any documents required to deliver those funds to Wife. Page 2 of 9 4. WIFE'S INDIVIDUAL RETIREMENT ACCOUNT. The parti'es acknowledge that Wife has an individual retirement account with PNC Investments and that the balance in that account at the present time exceeds $10,000.00. Husband does hereby waive, release, and relinquish any claim to or interest in said account and confirms it to be the sole and separate property of Wife, free of any further claim from him hereafter. 5. HUSBAND'S RETIREMENT ACCOUNTS. The parties acknowledge that Husband is currently the owner or beneficiary of the following retirement accounts: A. An account within the AmerisourceBergen Corporation Participating Companies Pension Plan which had a value in January. of 2002 of approximately $6,600.00; and B. An account within the AmerisourceBergen Corporation 401 {k\ Plan with Fidelity Investments, which had a value in February of 2004 of approximately $22,800,00; C. An account within the Dollar Tree Stores, Inc. 401 (k) Plan with Franklin Templeton Investments, which had a balance as of May 2004 of approximately $7,200.00. Wife does hereby waive, release, and relinquish any claim to or interest in said accounts and confirms them to be the sole and separate property of Husband, free of any further claim by her hereafter. 6. MOTOR VEHICLES. The parties shall dispose of the motor vehicles they owned at the time of separation as follows: A. Husband shall retain ownership of the 1 !396 Nissan Pathfinder vehicle titled in his name and Wife hereby waives any further claim to or interest in said vehicle. B. The parties shall transfer to Wife's name alone the title to the 1994 Nissan Altima currently titled in joint names. The parties shall make, execute, acknowledge, and deliver any and all documents necessary to complete the transfer of the title to this vehicle as promptly as possible after the date of this Agreement, Each party shall be responsible to pay, in accordance with its terms, any debt which is secured by the vehicle coming to them pursuant to this Paragraph and shall further be Page 3 of 9 responsible to pay any and all expenses and obligations arising out of their use or ownership of the vehicle since the date of separation. Finally, the parties shall indemnify and save the other harmless from any loss, cost, or expense caused to the other by their failure to pay such debts and expenses related to the vehicles, 7. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 8. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 9. WAIVER OF EQUITABLE DISTRIBUTION. ThE~ parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as, part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other Page 4 of 9 terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 10. WAIVER OF ALIMONY. SUPPORT AND ALIMONY PENDENTE LITE, Husband and Wife acknowledge that they are parties to an order dated 7 'October 2003; entered to the divorce caption in this case, which obligates Husband to pay Wife the sum of $650.00 per month as alimony pendente. The parties agree that Husband's obligation to make those payments shall terminate upon the entry of the child support order contemplated by this Agreement. After the termination of that order, there shall be no further obligation by either party to pay spousal support, alimony, or alimony pendente lite to the other party. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for them self , counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as providl3d by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 11. WAIVER OF ESTATE RIGHTS, Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or Page 5 of 9 her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 12, WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 13, DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so. Further, the parties each acknowledge that they are aware that they have tho right to compel the other party to provide full financial information about all assets owned by either party and all liabilities Page 6 of 9 owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties 13xpressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understandinll of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their martial status or the divorce action now pending or to be filed between them. 14. CONCLUSION OF DIVORCE. The parties agree that they shall, promptly upon the request of Wife's attorney, make, execute, acknowledge, and deliver unto said attorney, consents and waivers pursuant to Section 33011(c) of the Pennsylvania Divorce Code and any and all other documents reasonably necessary to conclude a divorce action. The parties agree that they shall take any and all action necessary to conclude a divorce pursuant to Section 3301(c) promptly after the entry of the child support order in Cumberland County as contemplated by this Agreement. 15, BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 16, CHOICE OF LAW, This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the, Commonwealth of Pennsylvania. 17. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 18. NON-WAIVER, The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. Page 7 of 9 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness A , ~ lthA1 LM) Witnes \)n" Qp.....J'{\~A~' fl/'moA.D ',y PAULA M. ZIEGEL IER Page 8 of 9 STATE OF DELAWARE COUNTY OF AkrV~~ On this, the 4~day of Jl.1/'1r , 2005, before me, the undersigned officer, personally appeared ANDRE 0, ZIEGELMEIER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. SS.: IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~-"J)-,J "~ My Commission Expires: ElLEN W BAUM NOTARY PUBLIC STATE OF DELAWARE MY COMMISSION EXPIRES JULY 2, 2005 COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) On this, the ILDtYl day of ~hJJ li()f) 1 1; 2005, before me, the undersigned officer, personally appeared PAULo.'iVi. Z1EGELiiil~{ER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. n lVlJ ) 'urn, Ll-ltlAJU.)U)") ~sion Expires: NOTARIAL SEAL NI'f M. HARKINS. NOTARY PUBUC LEIIOI'NE BOIlO., CUMllERLANO COUNTY MY '%"n I18SlON IlllPlIIEI Fl!B. 4, lIDlII Page 9 of 9 PAULA M. ZIEGELMEIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 02-5631 CIVIL TERM ANDRE O. ZIEGELMEIER, Defendant IN DIVORCE AFFIDAVIT OF CONSEIIIT 1. A Complaint in Divorce under Section 3301 (e) of the Divorce Code was filed on 21 November 2002, A reinstated Complaint was served on or about 25 March 2003 upon the Defendant. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant, 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1"lA,,~ Date "0 "200 <)' I ~~;-J.~ h ElLEN W BAUM t~'? NOTARY PUBLIC ANDRE O. STATE OF DELAWARE MYCOMlA1SSION EXPIRES JULY 2, 2005 -of'; '-r~ i <:';:';j-" ~i,- G:: )~; ~:, )><::~ q <:'cc ~.,- ...-; ::z ,.., = = c.r> <- c:: .. o -n -l ::t::o rn (':~~ -f"~~ :',J'I' ~:1Cf? ~.!- -l" ;~~F(~ '~-;::j z::. ~ OJ -0 :;:;:.: (=~ N + 17 II vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA M. ZIEGELMEIER, Plaintiff CIVIL ACTION - LAW NO. 02-5631 CIVIL TERM ANDRE 0, ZIEGELMEIER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO BEQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 leI OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. s W1t? 7.:0 7 on;:;- Date I ElLEN W I'lAUM NOTARY PUBLIC STATE OF DELAWARE MY COMMISSION EXPlflES JULY 2, 2005 (~, s, ~ '3\ ''''' ~ , -- OJ ~~\. 'en. .~:>.- -%tt.:,, ~:'~f '3. Q. -.::t-Q 'f\'1"'(!,\ -Clt? ~,,9.., (^) ,.:~)~:~; '";.'~(I"\ 7~:; ~>':b ';4 .-0 ~ '".) .' 7.- - II PAULA M. ZIEGELMEIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2002-5631 CIVIL TERM ANDRE O. ZIEGELMEIER, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw all economic claims previously filed in this matter by the Plaintiff Paula M. Ziegelmeier, including any claims for equitable distribution, alimony, alimony pendente lite, counsel fees and expenses, or the like. I 23 August 2005 ~ Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 S:2 L ;;".. ~. "', = <= c.n :";> , d"j o -n -l :r:~ rn-':.J. 1'-- -:'"1(7: :"'1C ,", ! ........Cl C~~~i ..C) :5;-;":1 ;::;:1 ~ .~ -< N U) :::n --. ':? <:'0 $' " PAULA M. ZIEGELMEIER, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5631 CIVIL TERM ANDRE O. ZIEGELMEIER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 21 November 2002. A reinstated Complaint was served on or about 25 March 2003 upon the Defendant. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 1>01100 m ~ ;~R v;vNA.e ( PAULA M-:-ZIEG MEI R r ;;':~ '" ~..::-.) c::;,) "" ~ ~- to.::.; o -n -l I-n rhr=:;{ -rrm ~.');:::'i, ().L. 'L..i ~:;~~ ,:"-.:;rn '.."" ;-l :3:; .< ." ." LeI -rJ --'," -;.. c..c. (.~) wJ' " vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA M. ZIEGELMEIER, Plaintiff CIVIL ACTION - LAW NO. 02-5631 CIVIL TERM ANDRE O. ZIEGELMEIER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (Cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~\05 Date Yo 11 On m ~Q~.( O/ml~\ p { PAULA M. ZIEGEL EIE () ~~-'~' '"" ~:::::;) C::.,1 (:...<"\ o ..., ...., I-,- ,-.-, " 'E ~l', :-:~} ~::7 '"':;(S ::-:::::;3 ~."-~C) "'00:- rTl CJ "~I ~o .< -"", S~ ,,, N <.D Cv ("...) ,,~ PAULA M. ZIEGELMEIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2002-5631 CIVIL TERM ANDRE O. ZIEGELMEIER, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 Ic). 2. Date and manner of service of the Complaint: Acceptance of Service filed bv Plaintiff's counsel indicatina service on or about 25 March 2003. 3. Complete either Paragraph (al or (bl: fa) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 23 Auaust 2005 By Defendant: 30 June 2005 (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 23 Auaust 2005 and filed contemporaneous Iv herewith. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 30 June 2005 and filed with the Prothonotarv on 15 Julv 2005. Date: 23 August 2005 Bq~~ ~(\C}4 sa~ndes Attorney for Plaintiff (") c r-' ..::::::.:' = u' ~i) rv -.D Q, .-1 -C-n r~ir':---' ':S'.'."-?.' l:\~? -"7] ~c~~ "';--"' ?~-~~ '::::::t ~e-.~ ?2. '-;': (..0 s:- . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . Of. ;I;<f. :fi;f.+.+. '+' IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. PAULA M.. ZIEGELMEIER, Plaintiff No. 2002 5631 VERSUS ANDRE: O. ZIE'GFI MflE'R, Defendant . . . . . DECREE IN DI~~ . ~D c:Jt 1(: I ~ /-;, . 2005 . . . . . . . . . . . . . . . AND NOW, IT IS ORDERED AND PAULA M. ZIEGELMEIER DECREED THAT , PLAINTIFF. . . . . + + + + + ANDRE O. ZIEGELMEIER AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . + NONE . . + + + + + + + + + + + + + + + + + + + + . AnE'T.~~~P"OTHOHOTA"~ 'tot:+: :t: . .. + + ... :f.'+':f.+'+' :f :f '" .. ;t;;f.+:'r. .. + + + + + . + . . . + . + . . . + . + + + + . + . . + . . + + . . . . . . . . + . + . + . . + . . + + . . . . . . + + + + + + + . + . . ..1.4 t ~ ~ .'i'7 "<'.' /J!"r - ~ -ft1J 5'O,7;..f; ~~~~ . ....; f. --- -- In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PAULA M. ZIEGELMEIER ) Docket Nwnber 02-5631 CIVIL Plaintiff ) VS. ) PACSES Case Number 606105750 ANDRE O. ZIEGELMEIER ) Defendant ) Other State ID Nwnber ORDER AND NOW, to wit, on this 9TH DAY OF SEPTEMBER, 2005 IT IS HEREBY ORDERED that the APL order in this case be 0 Vacated or OSuspended or o Tenninated without prejudice or 0 Tenninated and Vacated, effective AUGUST 30, 2005 ,due to: THE PARTIES' DECREE IN DIVORCE ON AUGUST 30, 2005. THERE IS A REMAINING BALANCE OF $2,011.10 THAT IS TO BE PAID AT $660.0 PER MONTH WITH THE CURRENT WAGE ATTACHMENT. BY~T' :u~ 1 ,JUDGE Service Type M Form OE-504 Worker ID 21005 ''''_l {:~l "::C"} -:::.,1"''1 () -n :::! r\.~ c,_', (.... .. ~ ~ State Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/14/05 Case Number (See Addendum for case summary) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 606105750 02-5631 CIVIL o Original Order/Notice o Amended Order/Notice @ Terminate Order/Notice DOLLAR TREE STORES INC 500 VOLVO PKWY CHESAPEAKE VA 23320-1604 RE, ZIEGELMEIER, ANDRE O. Employee/Obligor's Name (Last, First, MI) 195-50-9110 Employee/Obligor's Social Security Number 6496100993 Employee/Obligor's Case Identifier (Se-e Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First MI) Employer!\Nithholder's Federal EIN Number See Addendum for dependent names and birth dates associated 'with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes (S) no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0 . 00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 5.5% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEfENDANT'S NAME AND THE PACSES MEMBER tD (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 "'~.T:I(l~ ~~.v \ 0-'1 'o~ Edgar B. BAyley, Judge Form EN-028 Worker ID $IATT Date of Order: DEe 1 5 2005 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding, You must. however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3. * Reporting-the-PayJalc/Dalcof-\Afithhotding: You. mtrSheporllllt:: tJayJald'Jatc: vi vv;ll,hntchng-whensending the payment.-----T-h-e-- p-ayd-atefd-ate vf vv;ll,l,vIJ;r'5 -rs-ih-e-d-a-te---onwn-icn amount- vvJ5 vv;lllllt::IJ flVll1 lIlt:: t::lI ItJlvyt::t::'s-wages-. Vou must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forvvard the support payments. 4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. Vou must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 5413873650 EMPLOYEE'S/OBlIGOR'S NAME: ZIEGELMEIER. ANDRE o. EMPLOYEE'S CASE IDENTIFIER: 6496100993 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: Vou may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antioodiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.5.c. 91673 (b)1: or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is th" net income left after making mandatory deductions such as: State, Federal, local taxesi Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: * NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at ill 7) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB No.: 097Q-Q154 .' ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ZIEGELMEIER, ANDRE O. PACSES Case Number 606105750 Plaintiff Name PAULA M. ZIEGELMEIER Docket Attachment Amount 02-5631 CIVIL$ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the empiloyee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name!s): DOB Docket Attachment Amount $ 0.00 Child!ren)'s Name(s): DOB Dlf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Olf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 \"'..' - ,,-.-----