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Home My WebLink About97-04621 .. " ,~to:. .:.:- .~.:' .:.:. ':':1 .:+> t. .:~. .:tt. .:4t:. .:.: .:.:- .:.;. .:c. -:c- -:.. ~ . . . , ,* IN I, :!iI , ' 1* , .:+;. .:,.;. .:.:. ':.:. .:.:. .;.,;. .:.,;. .:<<1 .~ .):'f\ ,:<<> .:.:. .:.:. .:+;. . . . . . . . . .. ." . . ~. !iI: , !iI. !ili ! ~; ~ * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY l'!f. STATE OF f~~~~ PENNA. ~: , ~I * 8 ~ 8 ~ $ ~ ~l M, $1 $ STEVEN ~UCJ<ER, Plaintiff No, 4.62.L dddd 1997 V,'t'.'>lI.' PATRICIA CAREY ZUCKER, Defendant DECREE IN DIVORCE , I ',- c'q d d AND NOW, " "'. ,Y 11" .ll . " , " " ", 19.t.,,,. it Is or ere and decreed that "Steve,n, ZU~,ker, . , , , , , , , ' , , , , , , , , , , " , , " , , , , , " plaintiff, and ,1?,a,t;,~~,i,<!,Cil,r,~Y, f\,uqk~~".""""""".""""""" defendant. ore divorced from the bonds of matrimony, The Marriage Settlement Agreement dated June 23, 1999 is hereby incorporated but not merge~lie court retains jurisdiction of the following claims which hOVEl been raised of record in this octlon for which 0 final order has not yet been entered; ~ I> ~ ~ 8 ~ .. " ~ ~ .,.. ~ ',' ~ ',' !iI ...,.....,...,..,. ,.,."..,..........,... ~ .. ~ .. ~ ,~ ~ ~ ~I ~I . ->>;. .>>:. .~:' .:+:. . ~ 8 * 8 $ $ 8 $ $ $ $ 8 r, e 8 I~ 18 ( ( , i~ I' '8 ,. IS I~ j~ ',' ~ ~ !iI " !8 .~ 1$ s ~ ',' ~ J, ~ ',' ~ I'" I, II r' \~ I" ~ .'>'~*~-~"~'~'~"~"*"*"*"~"*"*'*'~"*"*'*'~- 2. SEPARATION AND NONINTERPERENCE A. It will be lawful for each party at all times hereafter to live ~eparate and apart from th@ other party at such place or plaoe~ as he or she may from time to time choose or deem fIt. B, Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried, Neither shall bother the other ot compel or endeavor to compel the other to cohatit or dwell with him or her. 3, MUTUAL RELEASE Subject to the provisions of this Agreement, each party ha~ released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representstives, executors, administrators, and assigns, release and discharge the other of and from all causes of' actions, claims, rights, or demands whatsoever, in law or equity, which either of the parties ever had or now has against the other, except as set forth herein, Husband and Wife specifically release and waive any and , , all rights he or she'might have to raise claims under the Divorce ,Code of 1980, as amended in 1986, including, but not limited to claim,S for equi table distribut ion of mar i tal propert y, spousal support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce this 2 . Agreement as incorporated in the divorce decree, undel." the Divorce Code of 1980, as amended in 1988, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the perties a~isln9 out of the marrlag@ shdll be detsl."mined by this agraement, as pel."mitted by law. 4, FULL DISCLOSURE The parties acknowl~dge that there has been full and fair disclosure to the other of his o~ he~ ~espective income, assets and liabilities, whether they are held jointly or in the name of one party alone. Any and all other accoUnts, investments, retirement accounts and other retirement vehicles and insurance, not specifically mentioned herein, and of whatsoever nature of either of the parties in their individual names shall be and shall remain the sole and separate property of the individual in whose name it presently exists and neIther pa~ty sha,i nave ~IY claims ~hatsoever thereto, The provisions of this Agreement and ,their legal effect have been fully explained to the parties l.>y their ~espective counsel, The Wife has employed and has had the benefit of counsel of John J, Connelly, Jr., Esquire, as her attorney. The Husband has employed and has had the benefit of counsel of Catherine A. Boyle, Esquire, aD his attorney. Each party acknowledges that they have received independent legal advice from counsel and that 3 ollch pllrtyfully underllltand/! till] fn';~tll lind IlllV'l l,Jr,HUl tully informed of theh' leglill right III find ubhg,\tioI16, IInd ~'I<'II plll'l';' , acknowledges and accepts that this Agreement is, undQr the circumstances, fair and equitable, Ilnd that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that eXQcution of this Agreement 1s not the result of any duress or undua influence and that it is not the result of any collusion 01' imprope1' 01' illegal agn11!ment or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her l'espect:...',:. ,1tt~l'I1Q'l ,A tl." ;:~LL'~I'.t Pennsylvania Divorce Law, IiInd his or her rights thereunder, each party hereto still desires to exec~lte this Agreement acknowledging that the terms and conditions set forth herein are 'fair, just, and equitable to each of the parties and waives their respective right to have the court make any determination Qr order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distributi~n of all marital property, counsel fees and costs and expenses. Each party hereto acknowledges that he oy she had an opportunity to consult a professional regarding the fair market value of the marital assets. Each party hereto also acknowledges that the within Marital Settlement ACJ1"~elJ\ent and/o1' any transfer pursuant thereto may have tax cons~quences to him or her chat each has been advised of same and had the opportunity to consult 4 I t with an accountant of his or her choice, 5. mOUITABLI DIVISION By this Agreement, the partief/ have intended to effect an equitable division of their m~rital property. This division is not intended by the parties tc C'onlit it\lt,~ ill any way a ;;a1o'" ()l exchange of assets, 6. ~EOUENT DIVORCE AGREEMENT NOT PREDICATED ON CrV':F:.T ' rt 18 ::!P'Klt l'2C1,Li/ understood and agreed by and b~tween the parties hereto and each of the said parties does hereby warrant and represent to the other t'h~t the execution and delivery of thiD Agreement is not predicated Upon or made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any ~ction for divorce, provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, inStituting or prose~urina any action or actions for divorc~, either absolute or otherwlse, Upon just, legal and proper grounds, nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or ~rom m"kin'9 any just or proper defense thereto, It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing 5 Husband and Wife to execute the Agreement. Huaband and Wife each knowingly and understandingly hereby waives any and all possible cldms that this Agreement is for any reason, illegal or tor nny reason whatsoever, unenforceable in whole or in part, Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asser~ing any illegality or unenforceability as to all or any part of this Agreement, B, ENTRY AS PART OF DECREE ,- It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no 'order, judgement or decree of divorce, temporary, final 01 permanent, shall affect or modify the financial terms of this Agj:eement, This Agreement shall be incorporated in but shall net merge into any such judgement cr decree of final divorce, but shall be incorporated for the purposes of enforcement only, C. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that I , I I they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 21 Pa.C.S,A. Section 3301 (c). Accordingly, both parties agree to, at the time of the execution of this Agreement, execute such con~ents, affidavits, or other documents and to direct their respective attorn-eys to forthwith filt:: su...:b (;'...n.b~"';~;""~1 .;t~L........la....~b ~.L ,.."..1~t.;;,j. documents as may be necessary to promptly proceed to obtaill d G the time of aeparation shnll bw paid by Husband, 11. LEClAL PIllS .ach party shall pay his or her own nttorneYR fees, The parties hereby acknowledge that th'=y 'Hlc:h waive rights to request oounsel fees, costs and expenses from each other, 12. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for EqU i t aU.o d lilt l'lbutlon of man tn 1 property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demAnd that either may now or hereafter have against the other for spousal support, separate maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, separate maintenance, alimony pendente lite or alimony, 13, PENSION BENEFIT~ Each party hereto shall maintain sole ownership over his or her individual retirement account, IRA. profit Ilharing or pi"'11.11' retirement plan acquired indiVidually or as the result of contributions by his or her employel, Wife hereby t'eleases allY interest that she h~s in the r~tirement benefits of Husband 9 ., deficiency in federal, state or local income ~ax b~sed on the jointly filed returns is proposed, or any assessment of any such tax is made against ~ither of them, because of said returns, each will indemnify and hold harmless che oth,;n- from and against any loss OJ;" liabil i ty for any such tax doil f ielency or assoassment and any interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 15. GENE~AL PROVISIONS A. WARRANTY AS TO EX r sn NO 08 U OAT! ON S - Eae h pin t y represents that they have not heretofore incurred or contracted for any debt or liability or obligation since the date the divorce was filed, August 27, 1997, for which the other party or the e~tate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless ~rom and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, in~luding those for necessities. except for the obligations arising out of this Agreement. 11 B. WARRANTY AS TO FU'l'URS OBLIGATIONS - Wife and Husband each covenant, warJ;"ant, represent and agree that each will now and at all times hero:'!after save harmless and keep tho:'! other indemnified from all debts, charges and liabilities incurred by the other from the date of separation of the parties, except as may be otherwise specifically provided fo~ by the terms of this Agreement and that neither of them shall hereafte~ incm" an~' liability whatsoever for which tJ1'" ctll"'I' IJllrty cr tJ1p ePtilt'" d the other may be liable. C. SEVERABILITY - If any term, condition, clause, or provision of this Agr.eement shall be d.;'tennined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full fo~ce, effect and operation. Likewise, the failure to any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the cbnditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other written instruments as ma~ be necessary or desirable for the proper effectuation of this Agreement, and as their'respective counsel shall mutually agree should be so 12 executed in order to carry out f\llly and ef~l!l.:.:t~vely the terms ot this Agreement. S. ENTIRS AGREEMENT Thin Agr~8m8nt contains the 8ntll~ understanding of the parties and supersedes any and all prior Agreements or negotiations betw<!en tl1,~r1\. n)el:"e are no reprGsentat ions, warrant ies, COV.,IHlllt/o!. "t und,,n't,,I'>l.IlYtl ,Ail';:! than those expressly set forth hereIn. This Agreement shall continue in full force effect until s\Ich time of final Pecree in Pivorce. F. WAIVER OF MODIFICATION TO BE IN WRITING. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. G. MUTUAL COOPERATION - Each pat't y shilll. at any t il1le ilno from time to time hereafter, r,ak'2 alli' :lIli Clll st.eps anJ 'cx.:~'.;':.:. acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving ful! force and effect to tne provisions of this Agreement. H. ' LAW GOVERNING - This Agreement shall be construed and governed in accordance with t~e laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - The parties acknowledge that except as provided for in this Agreement. each of the partles shall have the ~ight to dispose of their re~p~ctlve pruperty by Last Wl!! 1, J and Te~tament, and that each party waives the ri~ht to take under the Will of the other. Sxcept as otherwise stated herein, this Agreement shall bind and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. J. NO WAIVER OF DEFAU[,T - This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party t6 insist upon strict pertormanc~ at any ot the provlslons of this Agreement shall in no way effen the right of such pal'ty hereafter to enforce the same, nor shall the waiver of any breach of any provisions hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction, or effect, L. ADDRESS OF PARTIES - EClch pan.y sh.'ln Clr ,1] I r jl""'~ k"'''r the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the addresses of the new place of residence until all obligations undet this Agreement have been satisfied. 14 M, WAIVER OF CLAIMS AGAINST ESTATES - Except as herein Otherwise provided, each party may di~pose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may have or hereinafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in thQ property or th~ estate of the other as a rpsult of the marital relationship, incluolng wlthout limitatlon, dower, ourtesy, their statutory equivalents. widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party 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. N, ATTORNEY'S FESS FOR SNFORCEMENT - In the event that either party breaches any provision of this Agreement, and the othe~ party retains counsel to assist i~ 8neor~ing the ter~s thereof, the parties hereby agree that the breaching party will pay all reasona~le attorney's fees, court costs, and expenses incurred by the other party in enforcing this Agreement. ' 15 ., . . " .' " " " " " n 'I' (, '"~ '. " I , .j, '! , I Iti r .' I ." h,l , "., ,;,; , , , , ~ I r.) " " \ " , " -,.} tJ C- :;, "" ,.,:, ~, " " " " " , , " " , " . . 0 va. IN THE COURT OF COMMON PLEAS OF CUMBERLANP COUNTY, PENNSYLVANIA NO. 97-4621 CIVIL ACTION !N PIVORCE STElVEN ZUCKER, Plaintiff PATRICIA CAREY ZUCKER, Pefendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARYt Transmtt the record, together with the following information, to the court for entry of a divorce decreet 1. Ground for Pivorcet irretrievable breakdown under Section (3301 (c)) . 2. Pate and manner of service of the Complaintt o~ s~rvice siqned bv John Connellv. Esquire on Seotember a died with the court on September 16. 1997. 9. 1997 3. (Complete either paragraph (a) or (b).) (a) Pate of execution of the Affidavit of Consent by Section 3301(c) of the Pivorce Cadet by the plaintiff 1999/ by the defendant June 23. 1999. required June 30. (b) (1) Pate of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Cadet (2) Date of filing and service of the plaintiff's affidavit upon the defendant: 4. Related claims pendingt all economic claims settled bv wav of Marriaqe Settlement Aqreement dated June 23. 1999. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if t:he decree is to be entered under section 3301 (d) (1) (i) of th Divorce Code. (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: MEVERS, DESFOR, SAlTZG1VER & BOYLE -110 NOf-HH SECOND SinH r . PO nu).. lI)li2 . HAlIHISBlJHO. PA 1/11)11 U111 ;J:\Ii'J.III! . '.AX i!li\ ":itl ;Jill! o ~ s; ]J 6 in 1 ~ ~ II 0 J I C ~ ~ '" ~ ~~aO~ '02~P1M )0 Ie \II U) tII - ~ "" ::! ~ 0 o M ~ Ql ~ N . ~n""lloIt'I'" "."~"I.U~.'IU"I:tt,....tI .,..,..,. '.".~.~ " ,'\ , , II >D~ ~ (J\ c/) '~ .....J l-,\ 4::- (>? r-) ..0 l"') .. ~ , .OJ "~I ~ 'I' ~ ; , --J 'Pj j: ':,,:::1 ..(\ u. I," .. ~ d ~ i",' ""J 0" .>/ ,J c. ,t' c:'I ~ I",;.'; !2~ ",' "d \v ~ " \-1 ,"", " " ~ ,I' I I. " r..l "J<", IV' ':>I'" t." .. j ,~) '6 v., '-\1 ", '0 ., " >0 . '"/J ~ I~ , . vs. IN THE COURT OF COMMON PLEAS OF CUMBSRLAND COUNTY, PENNSYLVANIA NO. 7'1- 4-C),1 () (' <i-\t. CIVIL ACTION IN DIVORCE STEVlllN ZlJCKlllR, Plaint if f PATRICIA CARY ZUCKSR, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice arc served, by cntering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without furthe. notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available at: The Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCI. IP YOU DO NOT HAVI A LAWYIR OR CANNOT AFFORD ONI, GO TO OR TILBPHONB THI OPPICI SET FORTH BELOW TO PIND OUT WHIRl YOU CAN GBT LBGAL HILP. CUMBERLAND COUNTY COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 MIYl~'. 01'1'01I "11) NOIHH Sf(ONtl ~l!lq I r . r 0 BOX 1001 . HAARISRUnG. PA 17108 1}\,'IJJ69.1H . FA). (]1/11:J628" STIllVIllN ZUCKIllR, Plaintiff vs. IN THill COURT OF COMMON PLIllAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~'). If!. ,J I Cu..J "G.- PATRICIA CARY ZUCKER, Defendant CIVIL ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Steven Zucker an adult individual residing at 342 North 25th Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Patricia Cary Zucker, an adult individual who is temporarily residing at 2446 East Bayberry Drive, Forest Hills, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint, 4. Plaintiff and Defendant are husband and wife having been married on March 7, 1988, in Hershey, Dauphin County, Pennsylvania. 5. There are two children born of the marriage Elliott Andrew Zucker (date of birth March 7, 1989) and Leah Evelyn Zucker (date of birth March 23, 1992). 3 MIYI~I' DllfOIl "'ONOATHSECONOSflUET . PO BO)(IOOZ . HARRISBURG. PA 1110B III I) J36.~28 . FA)( 111712J6-~8' 1 6. ~here have been no prior aotions of divoroe or annul- ment between the parties. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request the oourt require the parties to participate in counseling, being so advised, Plaintiff waives that right. 8. The parties have been separated since July 12, 1997. 9. The marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree of Divorce pursuant to section 3301(C) of the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff, Steven Zucker, respectfully requests this Honorable Court enter a Decree in Divorce pursuant to section 3301(C) of the Divorce Code of Pennsylvania. COUNT I BOUITABLB DISTRIBUTION 11. Paragraphs one through ten of the Complaint are incorporated herein by reference as if set forth in full. 12. During the marriage, plaintiff and defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under the Divorce Code. 4 MIYlft.' DIlI'OIl 4l0NORTHSECONOSlHILT . PO 80)(1062 . HARRISBURG, PA 17101:1 111l1}3&94,8 . FAA 1'171236-2817 WHBREFORE, Plaintiff, Steven Zuoker, respeotfully requests this Honorable Court equitably distribute all property, both real and personal, tangible and intangible, acquired by the parties during their marriage. COUNT II ALIMONY PENDENTB LITB. SUPPORT. COUNSBL PIBS. COSTS AND EXPENSBS 13. Paragraphs one through twelve of the Complaint are incorporated herein by reference as if set forth in full. 14. By reason of this action, plaintiff will be put to considerable expense in the preparation of this case in the employment of counsel and the payment of costs. 15. Plaintiff is without sufficient funds to support himself and to meet the costs and expenses of this litigation and unable to appropriately maintain himself during the pendency of this action. 16. piaintiff's income is not sufficient to provide for his reasonable needs and pay his attorneys' fees and the costs of this litigation. 17. Defendant has adequate earnings to provide support and alimony pendente lite for the plaintiff and to pay his counsel fees, costs and expenses. 5 MIYI~I. 0111'01I 410NaAH,S[CONO~T1qff . PO 8Q)(1061 . HARRIS8URG. PA 11101l 01 JI Jj6.!)411l . fA.)( 111 '1236.2811 , . WHEREFORE, Plaintiff, Steven Zuoker, respeotfully requests this Honorable Court compel the defendant to pay plaintiff alimony pendente lite, support, counsel fees, oosts and expenses of this action. COUNT III ALIMONY 18. Paragraphs one through seventeen of the Complaint are incorporated herein by reference as if set forth in full. 19, Plaintiff lacks sufficient property to provide for his reasonable needs. 20. Plaintiff is unable to sufficiently support himself through appropriate employment. 21. Defendant has sufficient income and assets to provide continuing support and to pay alimony to the plaintiff. WHEREFORE, Plaintiff. Steven Zucker, respectfully requests this Honorable Court compel defendant to pay alimony to plaintiff. COUNT IV APPRAISAL AND ACCOUNTANT PBES 22. Paragraphs one through twenty-one of the complaint are incorporated herein by reference as if set forth in full. 6 MIVlft. . Dl.fOIl 410NORTH seCOND STHf.ET . PO 80)( 1062 . HARRISBURG. PA 17108 171n136-9428 . FAX 11171236.2811 " , " .' t' ,jl , , I " " " " , , ,I " ,I " 'I ~~ ~ ~ ~ ~l - ~f ~.1. Q' d~'J "tI ~. ::.t .,J t,.~~} ;"1'''1 W ~ ';-"r../ ~ :a I\,) 1:0 ;;', ., '; II II I' .. I' " " ;)1 n .0, ~ Ii ~ !i ~ffi l1j ~;t2 ~J rk! I - ;q~ 1,1 'if,' (J\ F;r'"l '"l? . oj 'f; , ) '~- ~~ r~; ,'j " ' ., ~.) (;' J.I'~',; .~ :3 ,~ ~ ." (;0 ," :1 , , " " , ' " . I j I. , , , , " " I '-':1 l."1 ') ! \J'; " , r >-11,' " ',i :i I I >I ',1'/ I ',' I.,) r", III I ",J )1 " .' , , 'l , " '" .. -.! r;" ;n I"': .', , , , ,. 1'1 " ~ .' " ,"-"- ~. ",:-~~...~~.~ .-.,~.. ,j '. 'fl " 1'1 I' ,I . I' . . , , n )h ":' I t,i~' J',: roil "Or! qH'; 1 , 1 , , , I ! I" ! ',;'1 ,'.; ,1'1.:' /'.'1 -li I,." , " , '-.t " , , I r',' 1 , , , 1 .. i~;1 1 1 , , t' , ,:- '.11 I ..< t,J .... :1 I, " I' . . I, , ' 'I ,', IjI " I , " " " . . . . 0 \I'J , , ) t;, t,J,J , \ , 71t ~'-~ \ , ., I I' , rill I';. : I' .:c~J t',I- I I .,,-,,1, " 1.'.1' ,....) , I r-.:i I,) .-.-! , " ; , I , , ''',) J , , 1"1-; .. , _I, 1':" , ',{~ ::~-! ", ,.... " tJ fl~tl ~ ',' "n, , , " ~ S 3: ~ ' ~ ~ OJ 0 i ~ i c: 3 ~ 0 ~ )I t'l Q'I ... ~ 2 c ~ ~~~CJ~ 6 ~ 0 Ol ";0 .::1 ~ ~ 1 f,l c"., n ~ ,~. u) II -. ,..:~ ~~t , I:!.~ I" -:1 ~ , ..... lot ~r, .....1 , 'I') ~ ::.1" '0 ' -, (;(': . T &, ~ ,..,., ':":'1(".) I:";: 1 ' '1- 01) , ')t~ ~ :: '-"J .-, (".\ """t', w ~,~ r ., .. ~ .' ',) :<. I.> Husband and the parties' two children through her employer. S. Recently, while attempting to fill a prescription, Husband learned that Wife cancelled his medical insurance coverage on May 1, 1998. 6. Upon Husband's inquiry, the insurer informed Husband that notification of the cancellation and explanation of any continuing coverage opportunities was sent to Wife. Wife failed to forward same to Husband. 7. The insurer also informed Husband that continuing cover-age must be obtained within 30 days. A failur~ to respond within 30 days may result in a refusal to cover pre-existing conditions. New insureds must also fulfill a waiting period of 1 year after the effective date before coverage may be obtained. 8. During the marriage, Husband was diagnosed with 4th stage squamous cell, mataticized cancer with an unknown primary source. Death was certain without surgery so, Husband underwent radical surgery to remove half of his neck and face. Thereafter, Husband underwent extensive chemotherapy and radiation treatments. 9. Although Husband believes he is currently in remission, Husband is constantly monitored for any reoccurrence of 4 MIYI~I. 011_ 410NORT/-4SeCON05TFlEET . PO 80)(10152 . HARRISBURG. PA 17108 (717123&-9128 . FAX 1717123&2817 o , . ~ . x 0 ~ z :II 0 iii . . ~ CD 0 . c 3 I I . '" 0 M ~ ' n " 0 " "0 ~ z c R . 0 lJI . . ;:j . d 0 . M III M :u . )'.. 11,1>\ Ii , , " '111\ JoU """IIOAl. WM~ CO ,QNllIWoJ .1l"."."",~,'''UI)I'''.'''''' , , 0 .n r) ~ ,.1 _I, I, " 'r." I .".' t , ':-:; I, :-1:'1 I~' ~ I , ,n \" ' ,hJ I I ,~:: " '. , en :>A :'[1 1"11 (..: I '1;J ,\..., ,.,; ("'; ...... ',If> ('1.,,- ) t..l '-.- n _ 1_. ~:~ "'l.._ .. ~ 10- ~Q .- .- " STEVEN ZUCKER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. PATRICIA CARY ZUCKER, Defendant CIVIL ACTION IN DIVORCE PBTITION POR ALIMONY PENDENTE LITE. COUNSBL PBBS. COSTS AND EXPENSES AND NOW, comes the Petitioner, Steven Zucker, by and through his attorneys, Meyers & Desfor, and files this Petition for Alimony Pendente Lite, Counsel Fees, Costs and Sxpenses and in support thereof and avers the followingl 1, Petitioner is Steven Zucker, an adult individual currently residing at 342 North 25th Street, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter known as "Husband"). 2. Respondent is Patricia Cary Zucker adult individual temporarily residing at 2446 E. Bayberry Drive, Harrisburg, Dauphin County, Pennsylvania (hereinafter known as "Wife"). 3. The parties were married on March 7, 1988 and were separated on July 12, 1997. 4. Husband files simultaneously with this Petition a Complaint for Divorce. 5. Said Complaint for Divorce contains a count requesting alimony pendente lite, counsel fees, costs, and expenses. 3 MIYI~I. 011'011 "'0NOATH~FCONDSTRHT . PO ROX10M . HARRISRUnG. PA 1110a OIlI]J694]H . FAll 1J1l1lJ61ijl1 6. Wife, an attorney, is employed as a shareholder in the law firm of Balaban and Balaban. Wife's approximate yearly net income is $100,000.00. 7. The Husband is presently unemployed and recently filed for personal bankruptcy on or about August 8, 1997. Additionally, Husband's businesses, Capital Siding and Spouting, Inc., and Capital Door & Window, Inc., filed for bankruptcy on August 6, 1997. 8. Since the date of separation, Husband has received no money from Wife. 9. By reason of this action, Husband will be put to considerable expense in the preparation of his case, in the employment of counsel and the payment of costs and expenses. 10. The Husband is without sufficient funds to support himself and to meet the costs and expenses of this litigation and is unable to appropriately maintain himself during the pendency of this action. 11. The Husband's income is not sufficient to provide for his reasonable needs and to pay attorney's fees and the costs of this litigation. 12. The Wife has adequate earnings to provide support and alimony pendente lite for the Husband and to pay his counsel fees, costs and expenses. II II 4 MIVI~I . DllfOll 410 NOf1TH SECOND STAff T . POBOx 1061 . HARRISBURG. PA '1108 171 11 1.16.04]8 . FAx 111 Jl l3e.181, B. Every Friday Father shall pick the children up from their care giver and shall have tho chlldran over night until Saturdey morning at times to be ogreed upon by the partleo. C. Every other weekend from Friday at which time Father shall pick the children up from their cere giver until Sunday at 7:00 p.m, D. In the event that Mother wishes to have the children for an entire weekend. she shall give Father advance notice as to when she would like to have the children for an entire weekend and Father shall cooperate as much as possible to parmlt this weekend visitation with Mother. 3. The parties agree to altarnate the major holidays, those holidays being defined as Thanksgiving, New Year's Day, Mamorlal Day, Fourth of July, and Labor Day. These parlods of partial custody and visitation shall be from the evening before the holiday until 7:00 p.m. on the holldey. This alternating schedule shail begin with Fathar having Thanksgiving in 1997. 4. Mother shall have the Easter holiday each year which shall commence the evening bafore Easter and shall end on Easter at 7:00 p.m. 6. The Christmas holiday shall be broken Into two segments. Segment A shall be from Christmas Eva at 12:00 noon until Christmas Day at 12:00 noon. Segment B shall be from Christmas Dsy at 12:00 noon until December 26th at 12:00 noon, Mother shall heve Segment A In 1997 and all odd-numbared years thareafter and Segment B In 1998 snd all even.numbered years thereafter, Father shall have Segment A In 1998 and all even-numbered yeers thereafter end Segment B In 1997 and ell odd-numbered years thereafter. 6. Father shall have the children on Father's Day and Mother shall have tha children on Mother's Day. These periods of exclusive custody shall commence the evening befora until 7:00 p.m. on that day. 7. Each party shall ba entitled to a minimum of three uninterrupted weeks of vacation with tha chlldran. The parties shall provide aach other with thirty (30) days advance notice as to when they Intend to exercise these periods, 8. In the event that Mother Intands to go away such that the children are required to be with a cara giver, Mother shall provide Father with the first option to be the care giver during these periods. 9. The parties agree that they shall immediately engage themselves with Stanley Schnaider, Ed. D., who Is to provide femlly o J./ibllll ,11"" .." '; ,..1 \. L I ~ ~ 0 , llt i ~ q f,>I ~ , . ~ " :Ll;H ~ .-t 'TI 0'0 <II S::o ~~' Fe. .....,..""" . E;;'J 1...Jv .t::-.. ~ ..:::t:; ~~~ , " \ ~.. a\ ~ ~ 1"'. tt' '.., ~- ......... ~~a. \) , .tI.,~ ~~~II~~':~ .~~~~~:r.~'::1 . (:1 ,,, /"') , ..J '01 'i" ,,,, >;;J I '!, q "\.1 ' I'!] , "~ I:,) " ~( '-f, '; ~Sl eJ) . ',: :lt~ I,) .. ., , :,> :i;;j ...,1 ._1 .... (~ VB, IN THE COURT OF COMMON PLBAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-4621 CIVIL ACTION IN DIVORCE STEVEN ZUCKER, plaintiff PATRICIA CARY ZUCKER, Defendant 9RDIR OP COURT AND NOW, q J I S I '~ , , upon consideration of the attached complaint, it is hereby directed an~ theirr-:,Bpective \f~lUnc.el ap~.~a: before on', he day of 1997, at LUJ.m, 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, Tu~~~(rt~t~~' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements mus~ be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BYt 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 Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 'I " jl I " , ,I .1 , , .n , q '{l t' _I ", ,. In .,/ .Ylil. L::.J I' 'I '1~ ,I 1.';1: '~ , .- ... " " ., I,il :~ I I ~l' J 1- ~ I ~-~ !,l 'I I',,) 'It I l_.) .' ~,) ':'j l~' :;J n. 11\ . I I' I, " ., I I " " ., f)(,(,1 96lil !I T lnr ~ . I u 0 ~ . ~ III i 0 '/ ." :II Hi \l Cl ii ij ~ to ~ ~ ! ~ .. " ~ .. f;l Cl ~ <) /I "If . " , . " ,. . ~ ,o, t I'. ("') "",, () c C.') I ~... "t n',', ,r~ " PI.! ;- , :!, :ij ;< ' " " , ':J ' ''') ....J "f:- " I <'~ t.... "1 , ' " , " , " " ,. , :' ~ .! r..., .I.l II I I " STJilVIilN ZUCKJilR, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-4621 CIVIL ACTION IN DIVORCS PNrRICIA CAREY ZUCKER, Defendant PLAINTIPP'S PETITION TO MODIPY AND NOW, comes the Plaintiff, Steven Zucker, by and through his attorneys, Meyers & Desfor, and files this Petition to Modify and in support thereof avers as follows~ 1. Petitioner is Steven Zucker an adult individual residing at 6213 Edgeware Road, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Father"). 2. Respondent is Patricia Carey Zucker, an adult individual who is cur.rently residing at 5909 J.K. Drive, Harrisburg, Dauphin County, Pennsylvania (hereinafter "Mother) . 3. The parties are Husband and Wife having been lawfully married on March 7, 1988 and separated on or about July 12, 1997. Father filed a Complaint in Divorce on or about August 26, 1997 and is currently pending in Cumberland County. I 4. There are two minor children born of the marriage, Elliott Andrew Zucker (date of birth March 7, 1989) and Leah Evelyn Zucker (date of birth March 23, 1992). 3 MEYERS, OESFOR & SAlTZGIVEA ,110 NOH III SECOND 51F\FE r . PO 130)( lIlh2 . HAHnISllU!1li PA 1111)1! (711) ?:lfi!"'OlIl . fAX!lll);:Jb ,Jl!1,' . .-, ... , 866l u l 1111 il..i It'"" 'III' ", /111' ! ,! lil~!m~i c: ~ ~ II ~ . Q " iH"e ~ ~ ~ :il .. i;l I . ~ . . . . ~ ~~ ~ - ... ' t ...> r t I -J P ~ ' , 0. .... w-- ~ .... ... - ~ .~ v." ~ ~ r-. r vs. IN THS COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PENNSYLVANIA NO. 97-4621 CIVIL ACTION IN DIVORCS STEVEN ZUCKER, Plaintiff PATRICIA CARBY ZUCKER, Defendant PLAINTI"/S PETITION POR CONTEMPT AND NOW, comes the Plaintiff, Steven Zucker, by and through his attorneys, Meyers & Desfor, and files this Petition for Contempt and in support thereof avers as follows I 1. Petitioner is Steven Zucker an adult individual residing at 6213 Edgeware Road, Mechanicsburg, Cumberland County, Pennsylvania (ho:'!reinafter "Father"). 2. Respondent is Patricia Carey Zucker, an adult individual who is currently residing at 5909 J.K. Drive, Harrisburg, Dauphin County, Pennsylvania (hereinafter "Mother) . 3. The parties are Husband and Wife having been lawfully married on March 7, 1988 and separated on or about July 12, 1997. Father filp.d a Complaint in Divorce on or about August 26, 1997 which is currently pending in II Cumberland County. II 4. There are two minor children born of the marriage, il Elliott Andrew Zucker (date of birth March 7, 1989) and 3 MEYERS, OESFOR & SALTlGIVER ,\ 111 NI)H' II SI CON!) ~; 1111: I r . PO IJOx 1I\ht . IIAHHI:;l1lJlll',. I'A 1/'1)1\ 1/':1 ;':W 'j.\~)1I . r.A)( 111/1,):\1) .'Ill! Leah Evelyn ~ucker (date of birth Maroh 23, 1992). Father filed a Complaint for Custody on or about september 9, 1997 which is also currently pending in Cumberland county. 5. Shortly after Father filed his Complaint for Custody, the parties attended a conciliation conference. 6. On October 30, 1997, ~fter the conference, the Conciliator entered a temporary Order granting primary physical custody in Mother subject to periods of partial custody in Father. Said Order was mailed to both parties' counsel. See attached Exhibit "A". 7. Because Mother travels frequently, the Order also provided, "In the event that Mother intends to go away such that the children are required to be with a care giver, Mother should provide Father with the first option to be the care giver during these periods." See Exhibit "A", Paragraph B. I B. Mother indicated her displeasure and her unwillingness to comply with this provision at the conference. 9. Since the entry of the Order, Mother repeatedly failed to comply with Paragraph B. She has repeatedly and intentionally failed to call Father when she is travelling or unable to care for the children, 4 MEVERS, OESFOR & 5ALTZOIVEA -110 NOflHI ~;f-cmm SInLl:f . PO nox 'Oli~ . liMHW,IJlJl\G, PA '!IOtl PI!) ;J:lfj!j.I;l1l . I:A)( (ll/) ;)'H),JI!lI B. Evory Frldny Fothor ohnll pick tho children up from tholr coro glvor and oholl hovo tho child ran ovor night until Saturday morning at tlmo5 to be auroed upon by the parties. C. Evol'Y other woekend from Friday at which time Fothor oholl pick tho children up from tholr core giver until Sunday at 7:00 p.m. D. In the event that Mother wl5hes to have the children for an entire weekend, she sholl give Father advance notice as to when 5he would like to hove the children for on entire weekand and Father shell cooperate os much as possible to permit this weekend visitation with Mother. 3. Tha parties agree to alternate the major holidays, those holidays baing defined 05 Thanksgiving, Now Year's Day, Memorlel Day, Fourth of July, and Labor Doy. These period5 of partial custody and visitation shall be from the evening before the holiday '.mtll 7:00 p.m. on the holiday. This alternating 5chedule 5hall begin with Fathar having Thanksgiving In 1997. 4. Mother shall have the Easter holiday each year which shall commenco the evening before Easter and shall end on Eoster at 7:00 p.m. 6. Tha Christmas holiday ahall ba broken Into two sagments. Segmant A ahall ba from Chrlatmaa Evo at 12:00 noon until Christmas Day at 12:00 noon. Seoment B sholl be from Chrlatmas Day at 12:00 noon until Decamber 26th ot 12:00 noon, Mother ahell hove Segmant A in 1997 and 011 odd-numbered yeera thereefter end Segment B In 1998 and all even-numbered years thereafter. Father shall have Segment A in 1998 ond all even-numbered yeara theresfter and Segment B In 1997 ond all odd-numbered years thereafter. 6. Fathar shall have the children on Father' a Day and Mother shall hove the chlldnm on Mother's Doy. These periods of exclusive custody sholl commence the evening before until 7:00 p.m. on that day. 7. Each party shall be entitled to e minimum of three uninterrupted weeks of vacetlon with the children. The partlas shall provide each other with thirty (301 days advance notice es to when they Intend to exercise these periods. 8. In the event that Mother Intends to go away such that the chlldran are required to be with a care giver, Mother shall provide Father with the first option to be the care giver during these periods. 9. The pertles agree that they shall Immediately engage themselves with Stanley Schneider, Ed.D., who Is to provide family ~L LQ Ii Hrl~.nll' "c' "1lI1"'UII. '" I4rrdll'_1'illrtlUI11 ""LlrlH'lfl,.1,4 L lhll~ult,r.4 (n.lhl.rll... I\'rrull'l'plllHll1trl ..... O'''lrlllnlr~ :;r lltnIJtlt'ctc~ hllllll,'ll'l :::-L ",r l. ~";II""..""", " '-.., ... OIl"'Ullr"ri f I O.merUflll,. (OIIlhllt"", . - J1:::..1...: I (':l ~"''::'':'''7'':''~. 3r::"."''''"'!!: 1: ;; ... .. er ^ 1'1 "'<;;; s-e ~ ~ g-::.;;!~ro!lX: >- t:..,;.:Jo1!) ,$:I> ~ '" o ~ < ~ "" te ro (tI ~;;; ;;; s ......., '" IQ v: III tV "- o " ~ ~ a o '0 ... .:c J / :; ;; ~ffi -. '"'- -::~.. ~I ~ w :b~J~ \ ~' ?I i ~ ~ '" ~ " :S . Ii' :t ~. ~ ~ It ~ ,.,' II 0 r ~..., ~ ::1 " ~ a lr ~ 'l! ~ i .- '" " ~ ~ 0 '^ G ! If :< n' J i ~ ~ ." i Pi ,~ 0 ~ i"j ;; a ~ ... .. IT ~ ~ '" ~ ~ ... >. ~ t! if ~ " [f . .. .' F} ~ ~ :< " ~ " . 0 .., ~ " c:, i ~' .!l- :;. a !t . ~ ~ J' .. - :: . l g- " (l' .. ,-.:" ;r ~ ~ ~ ... i\!.. ....':' ii' ::1 .. ... .. ,,"' . , 0 :, ... ;; <\..... '!l .. .. i . . 0 ~ . 11 " :l n- o "'- Jl :l. I ~ .. r;. ~ :> " a ~ a. . . a' 0 0 t~ 1'l 0 '" . ~ " ;!. . . ~ !!.. 2- ~ ~ ~ ~ . . . '" = 'I ~ I rttC'dl'M,ronmC'1'I1 I <--.,. _ Omi:lnllrd.d '--1 , Ot"IOI"I'~le4~1IIjUtrllv I I WudII1ll1rO'HmC'nl --,1 M ';,) fill' ,. I ~ ,. , t d ~ O~1l10IHlr~lod (on",tull. , rifld.J iltpt"~om'NI ,,~I .1 Orrn011llrclft (O"liucntl, , ~~f i "I~ 1 , I' Nrr41lt1'prlumc,r , -,>' I ~ 1\ " Ii .- -a .... ilcII"nr,urcuJ 1-_7~~J,O=_~c."'_ I .J=LJ Oc.n(l'U"cl~ll (I,I.IIIeMI, . ~~~ 1\ '1..~J(..\<.e r Pll1lntUr : IN TIlE COURT OF COMMON PLEAS OF CUMUElU.ANI> COUNTY, : PENNSYI.VANIA : CIVIL ACTION LAW v. . fb,\n (. \ C\ Ccn\.1 c...x." e. (" Oefendnnt . ;NO.L\!o~\ CIVIL 19<:11 : CUSTODY VISITATION ORDER OF COURT And now, this ~ \ \ \ \q~, upon consideration of the attached complaint, it is hereby directed that the above pllrties and their respective counsclappear before MIl r'lI e \ L. &-r.:}1... , Esquire, the conclliator, 111 ,~CJ,;) ,'-." \~\\~.,,,,-\-. \ Cl1"f\p l~\\ I , ' Pennsylvnnia, on the \ day of Cj$.. \ 0 'ex- r . 1998, at..9 ' GO JQJ)I P.M., for a Pre-hearing Custody Conference. At such conference, an effort will be mude to resolve lhe issues in dispute; or if this cannot be accomplished, to de line and nlllTow the issues to be heard by the court, nnd to enter into a temporary order. All children age live or older may be present at the conference. Failure to uppear at the conference muy provide grounds for the entry of a temporary or pennnnent order. FOR THE COURT: By: ~O~;P. ~,~, Custody Conciliator ' t\S)\ 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. THE CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 . ~~1l66l 0 T fJn\1 ' . ~ ~ . ~ J ~ ~ lfi 'II , ~ III 0 - 1II c ' "" " . ~ i 0 0 Gl > ~ ~ " ~ ~ ~ ~ " 1II '" ~ i ~ " m 0 " '" Gl ~ . , , " p. r.~tt~ ;f)'/! ....:1 l, I ~ ; "',' ",' C. ~~.J }~'!.-l j ",- 'j ."f'" Ei -.; '~ r.'J . m ..... "~ V) , '-..j ,") " ~, ~ ," I '/~:1 ',":" " J , I,J, ) \.{) , ';";; ."0 Ijfq "j ,,'>i .g "' ,"''I') ::1: (\-,) .. I I I VB. IN TH~ COURT OF COMMON PL~AS OF CUMBERLAND COUNTY, P~NNSYLVANIA NO , 97 - 4 6 21 CIVIL AC'l'lON IN DIVORCE: STEV~N ZUCK~R, Plaint if f PATRICIA CAREY ZUCK~R, Defendant PLAINTIFF'S PETITION FOR CONTEMPT AND NOW, comes the Plaintiff, Steven Zucker, by and through his attorneys, Meyers, Desfor & Saltzgiver and files this petition for Contempt and in support thereof avers as followsl 1. Petitioner is Steven Zucker an adult individual residing at 6213 Edgeware Road, Mechanicsburg, Cumberland county, Pennsylvania (hereinafter "Father"). 2. Respondent is patricia Carey Zucker, an adult individual who is currently residing at 5909 J.K. Drive, Harrisburg, Dauphin County, Pennsylvania (hereinafter "Mother) . 3. The parties are Husband and Wife having been lawfully married on March 7, 1988 and separated on or about July 12, 1997. Father filed a Complaint in Divorce on or about August 26, 1997 which is currently pending in Cumberland County. There ar.e two minor children born of the marriage, Elliott 4. Andrew Zucker (date of birth March 7, 1989) and Leah Evelyn ZUCKER (date of birth March 23, 1992). Father filed a Complaint for Custody on or about September 9, 1997 which is also currently pending in Cumberland County. 3 MEVERS, OESFOR & SALTZGIVER .111) tHlliTH ~;,tCON{) SlREE' . PO oox lOfJ2 . Il^HIlI~BlJl1(i PA 1 !11111 (!l!) ;nlj.!j.I;iH . FAX (71"1) ;l:lb .'ll1! 6. Following a CUstody Conoiliation Conference, a temporary Custody Oder was entered on or about October 30, 1997, providing that the parties' shall share legal custody and mother shall have primary physical custody subject to periods of partial custody in Father. Father is to have every Wednesday evening overnight and return the children the following morning. He also shall have the children every Friday over night and return the children on Saturdays except for when the children spend every other weekend with him, Additionally, the parties' are entitled to a minimum of three (3) uninterrupted weeks of vacation with the children. Each party is to provide the other with thirty (30) days advance notice to when they intend to exercise their vacation. See Order attached hereto and hereinafter referred to as Exhibit "A". 6. On or about May 5, 1998, Father notified Mother, through he counsel, that he intended to vacation with the children the first week of August. See letter dated May 5, 1998 attache hereto and hereinafter referred to as Exhibit "B". 7. Two weeks later, Mother advised through her counsel that sh too intended to vacation with the children during the first week in August. See letter dated May 19, 1998 attached hereto and hereinafter ref~rred to, as Exhibit "CU. . 8. No communication regarding this subject occurred between th 4 MEYERS, DEBFOR & SALTZGIVER Iii) NOHIH srCOND SIREFf . PO [lOX lOb;? I HAfHlISmmG I'A !/llJ/l III 11 ;;:Hj 0.1<'B . FAX Illl} ;)-\1) ;Jill! . . , . I TO YoU '~I HloU, HOn~IID Yo '~I.D TO TN. I"CI,OI,D WI't"'N TWIH.....IIOf D~YI 0' ""vle. H."IW' 0' ". D"AUL,..,""D''''"T' ",,A,y lIE 'H''''IU~ M~INIr YoU. IY I.I\W O~~IC~ JAMllS, SMITH, DURKIN & CONNE/.LV .- p, O. BOX 050. 0' H~IlSH~Y. PUNNSYI.VI\NIA 17033.0&1,:; t 81998 Wi......." cu",,, tH." tHI WItHIN" .. '''UI .HD CO"".C't CO,,, 0' tH. O"IOIH.I- 'I".D IN 'N'. ...e'rION, ,t.t'TOItH" ............,...,-.-,., - _...~. '''..~''"".,.~,.,,... ";'''''-HijJ:j:<.';'!I\~-i.&ti1J''''_WIWM\\~ ., ", " .,.' . . , , , I , \ J' " , ~- _.,. .",....- . .' '0 YOU ,.... HI....... "OTl~llD TO I'\.'~ TO ,... 'HCI.O.,D WITHIN Y'WINT't 1101 D;..\'I Of ""'/tel HI".O' 0'" 'It. DI,~"T NDO~IN" "'",,'" .. IHTlIIJ.D 1I01l1"1T '(01,1. "' L"w OffICII , JAMI!S, SMITH. OURKIN at CONNELLY . P. 0, POl' 6511 HllIlSHllY. l'IlI'lI'lSY\.V"I'II" 17033.06'0 t HI"'" CI,,'rI"" TH'" TH" W,,"IN ,.. AU" 'JIl,1UMIl co...c, co.' 0' ,~J q I".~D IN 'HII ;..enON. IV.... ,I ..-" ...1't1)tlH1Y ~.,;,,j':>4\'A\lD~.filTf;\."""''O-~n ~~ v '''If>','. ""', ".;-,', ._.~. "Vim~~....~..1J'#"i""""""'''''' ..........I>,...._.,;,_....H..'."~..., '1, , t' , ,. , , .;. . , \ " ,. "'I . . " !. , ' \, If, ;'. o , " .- .;..;0- .- .:.-'."""..{- , I" r , ,\, ( I I \ \, , ,-. STEVEN ZUCKER, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMI3ERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. , , " .1; ,") .' " I~ I 1 P I , liJ , , , I , ': ~' t , , , " " , .. , . , .. '~, ! .":l ... NO. 97.4621 CIVIL TERM PATRICIA CAREY ZUCKER, Defendant/Petitioner I IN DIVORCE {lETITION FOR EMERGENCY RELIEF , :'1 AND NOW, C\1I11eS the Petitioner, Patricia Carey Zucker, by her attorney, John J. Connelly, Jr., Esquire, and avers as follows: I. The Pctltloncr is Patricia Can:y Zucker, Defcndant, in the above-captioned action. 2. The Rcspondcntls Stevcn Zuckcr, Plaintiff in the above-captioned action. 3. The parties arc the natunll parents of Elliott Andrl~w Zucker. date of birth March 7, 1989 and Leah Evelyn Zucker, date of hirth March 2.1, 1992. 4. On October 30, 1997, an Order was entered in the above-captioned matter as a result of a custody conciliation conference. Said Order is attached hereto and marked Exhibit "A". 5. Petitioner seeks emergency relief asking that the periods of partial custody E, Consistent with Petitioner's fear, at npproxillllltely 9: 15 p.m. 011 Monday evening, August 17, : 998, the Respundent, in (IIred vlulatlun uf the existing Order, forcibly removed the minor child, Elliott, from the Petitioner's car while at the B & U Ice Cream stand at the corner of Unglestown Road and Colonial Road in Harrisburg, in front of numerous witnesses. The child's removal from tht~ car was truumatic to both the child and the Petltioller and the police were contacted, Susquehanna Township Pulice cumacted the Luwer Paxton Township Police and subsequently Hampden Township Pulice were contacted and It was determined that the child was at the Respondent's residence unharmed. This event was further evidence of the Respondent's unstable and unreasonable behavior, forcibly removing the child from the Petitioner's custody in direct violation of the Order. 8. The least intrusive means of resulving this issue is for the Respondent to submit to a full physical, psychological and psychiatric evaluation to determine whether his mental and physical condition precludes him from exercising the periods of partial physical custody as set forth ill the Order of October 30, 1997. WHEREFORE, your Petitioner nispectfully reqilests that the Court immediately order return of the minor child, Elliott Andrew Zucker, to the custody of your Petitioner and further VERIFICATION Upon my personal knowledge, information and belief, I, Patricia Carey Zucker, do hereby verify that the fncts averred and statements made in the foregoing Petition for Emergency Relief are true and correct. I understand that false statements or averments therein made will , subject me to the criminal pemlltles of 18 Pa.C.S.A.~4904 relating to unsworn falsit1cation to authorities. Date: r 1'1.1 g , " , 5, The Christmas holiday shall be broken Into two segmants, Segment A shall be from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon. Segment B shall be from Christmas Day at 12:00 noon until December 26th at 12:00 noon. Mother shall have Segment A In 1997 and all odd. numbered years thereafter and Segment B In 1998 and all even-numbered years thereafter. Father shall have Segment A In 1998 and all even.numbered years thereafter and Segment B In 1997 and all odd-numbered years thereafter. 6. Father shall have the children on Father's Day and Mother shell have the children on Mother's Day. These periods of exclusive custody shall commence tha avenlng before until 7:00 p.m. on thet day. 7. Eech party shall be entitled to a minimum of three uninterrupted weeks of vacation with the children. The parties shall provide each other with thirty (30) days advanca notlca as to when they Intend to exercise these periods. 8. In the event that Mother Intends to go away such that the children are required to be with a care giver, Mother shall provide Fether with the first option to be the care giver during these periods. 9. The parties agree that they shall immediately engage themselves with Stanloy Schneider, Ed.D,. who 15 to provide family STEVEN ZUCKER, PlalntlrflRespondent IN "HE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL ACTION. LAW v. NO. 97-4621 CIVIL TERM PATRICIA CAREY ZUCKER, Defendant/Petitioner (', .n .') , . } " ''': I I , I' .i .., " " " I I ~ J ~ I I , " ,', I ','11 .-" , , .11\ , ." . .. If ., " '~I ....~ C"I ". IN DIVORCE pETITION FOR EMERGENCY RELI~F , AND NOW, comes the Petitioner, Patricia Carey Zucker, by her attor'ney, John J. Connelly, Jr., Esquire, and avers as follows: I. The Petitioner is Patricia Carey Zucker, Defendant, In the ahove.captioned action. 2. The Respondent is Steven Zucker. Plaintiff in the above-captioned action. 3. The parties arc the natural parents of Elliott Andrew Zucker. date of birth March '7. 1989 and Leah Evelyn Zucker. date of birth March 2.'. 1992. 4. On Octoher 30, 1997, an Order was entered in the above-captioned matter as a result of a custody conciliation conference, Said Order is attached hereto and marked Exhibit "A", s. petitioner seeks emergency relief asking that the periods of partial custody . I I ,I 1 E, Consistent with peUtloller's fear. at approximately 9: 15 p.m. on Monday evening, August 17, 1998, thl! Respunuent, in direct violation of the existing Order, furcibly removed the minor child, Elliott, from the Petitioner's car while at the B & B lee Cream stand at the corner of Unglestuwn Rond nnd Colonial Road in Harrisburg, in front of numerous witnesses, The child's removal from the car was trnumatic to llOth the child and the Petitioner and the police were cuntacted, Susquehanna Township Police contacted the Lower Paxton Township Police and subsequently Hnmpden Township Police were cuntacted and It was determined that the child wns at the Respondent's residence unharmed. This event was further evidence of the Respondent's unstable and unrensonable behavior, forcibly removing the child from the Petitioner's custody in direct violatiun of the Order, 8. The least intrusive me;\I1s of resolving this issue is for the Respondent to submit to a full physical, psychologlcnl <lnd psychintric evnluation to determine whether his mental and physical condition precludes him from exercising the periods of pnrtinl physical custody as set forth in the Order of October JO, 1997. WHEREFORE, your Petitioner respectfully requests that the Court immediately order return of the minor child, Elliott Andrew Zucker, to the custody of your Petitioner and further ,'ro: . ,.. <-170/4.(0 ,I STEVEN ZUCKER, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, ) PENNSYLVANIA VII. I ) NO. El7.4621 CIVIL TERM PATRICIA CARY ZUCKER, ) Defendant I CIVIL ACTION. LAW ) IN DIVORCE , ORDER AND NOW, thlo .3 () tL day of CCk:ht..tv , 1997, upon receipt of the Conciliator's Report, It appaarlng that the parties have agreed to the terms and provisions of this Order which was dictated In their presence and approved by them and their counsel, It 15 hereby ordered and directed as follows: 1. The parties shall shll(e legal custody of their minor chlldran, Elliott Andrew Zucker, d.o.b. March 7, 1989, and Leah Evelyn Zucker, d.o.b. March 23, 1992. 2. Mother shall have primary physical custody of the minor children subject to periods of partial custody and visitation with . Father as follows: A, Every Wednesday evening Father shall pick the children up from their care giver and have the children overnight and will return the children to school the next morning or the appropriate care giver. 6. The Christmas holiday shall be broken Into two segments. Segment A shelll be from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon. Segment B shall be from Christmas Day at 12100 noon until December 26th at 12:00 noon. Mother ehall have Segment A in 1997 and all odd-numbered years thereafter and Segment B In 1998 and all even-numbered years theraafter. Father shall have Segment A in 1998 and all even-numbered years thereafter end Segment B In 1997 end all odd-numbered years thereafter. 6. Father shall have the children on Father's Day and Mothor shall have tha children on Mother's Day. These periods of exclusive custody shall commence the evening before until 7:00 p.m. on thet day. 7, Each party shell be entitled to a minimum of three uninterrupted weeks of vacetlon with the children. The parties shall provide each other with thirty (30) days advance notice as to when they Intend to exercise these periods, 8. In the event that Mother Intends to go eway such that the children ere required to be with a care giver, Mother shall provide Fether with the first option to be the care giver during these pariods. 9. Tha parties agree thet they shall Immediately engage thamselves with Stanley Schneider, Ed,D., who Is to provide family E. Consistent with Petltluner's fellr, IItllppruxlnHllely 9: I~ p.m, un Monday eVl!nlnll, August 17, l\/lJll, the Respundelll, in direct viulatlun uf the existing Order, furclbly removed the minor child, Ellioll, from the Petitioner's car while at the [l & II Ice Cremn stand lit the corner uf Linglestowll RUlld IInd Culunial Ruad In Harrisburg, in front uf numerous witnesses, Tbe child's remuvOII from the cOlr was traumOltic to llluh the child and the Petitiuner and tbe police were cuntOlctcd, SusquehOlnna Tuwnship Police cuntOlcted the Luwel' Paxton Tuwnship Pulice and subsequently HOImpden Township Pulice were cuntacted and it was determined that the child was at the Respundent's residence unhOlrmed. This event was further evidence of the Respundent's unstable and unreasoJ\OIble behaviur, furclbly remuving the child from the Petltiuner's custody in direct violatiull of the Order. 8. The least intrusive meOlns of resulvin[! this Issue is for the Respondent tu submit to a full physical, psychulogicOlI and psychiOltric eVOlluOltiun to dctermine whether his mental and physical conditiun precludes him from exercising the periods uf partial physical custudy as set forth in the Order uf Octoher .10, 1997, WHEREFORE. your Petitiuner respectfully requests that the Cuurt Immediately order return of the minor child, Elliull Andrew Zucker, tu the custudy of yuur Petitluner and further '-170/4(0 ,.t" f' STEVEN ZUCKER, I IN THE COURT OF COMMON PLEAS Plaintiff I OF CUMBERLAND COUNTY, I PENNSYLVANIA VS. I I NO. 97-4621 CIVIL TERM PATRICIA CARY ZUCKER, ) Defendent ) CIVIL ACTION. LAW I IN DIVORCE " ORDER AND NOW, this .:'j () tL day of rod~,-, , 1997, upon receipt of the Conciliator's Raport, It appearing that the pertles have agreed to the terms and provisions of this Order which wes dlcteted in their presence end approved by them and their counsel, It 15 hereby orderad and directed as follows: 1. The parties shall shBl'e legal custody of their minor children, Elliott Andrew Zucker, d.o.b. March 7,1989, and Leah Evelyn Zucker, d.o.b. March 23, 1992. 2. Mother shall heve primary physical custody of the minor children subject to periods of partlel custody and visitation with . Father as follows: A. Every Wednesday evening Father shell pick the children up from their care giver and heve the children overnight end will return the children to school the next morning or the epproprlate care giver. " " 8. Evory Friday Father shell pick the children up from their care giver end shall heve the children over night until Seturdey morning at times to ba agreod upon by the parties. C. Every other weekend from Frldey at which time Fether shall pick the children up from their care giver until Sundey et 7:00 p.m. D. In the avant thet Mother wishes to heve the children for an entire weekend, she shall give Father advance notice os to when she would like to have the children for en entire weekend and Father shall cooperate as much as possible to permit this weekend visitation with Mother. 3. The parties agree to alternate the major holidays, those holidays being defined as Thanksgiving, New Year's Day, Memorial Day, Fourth of July, and Labor Day, These periods of partial custody and visitation shall be from the evening before the holiday until 7:00 p.m. on the holiday. This alternating schedule shall begin with Father having Thanksgiving in 1997, 4. Mother shall have the Eester holiday each year which shall commence the evening before Easter and shall end on Eester at 7:00 p.m. 6. The Chrlstmes holiday shell be broken Into two segments. Segment A shell be from Chrlstmes Eve et 12:00 noon until Christmas Day at 12:00 noon. Segment B shell be from Chrlstmes Day et 12:00 noon until December 26th at 12:00 noon. Mother ISh all have Segment A in 1997 and all odd-numbered years thereafter and Segment B In 1 998 and all even-numbered years thereefter, Father shall have Segment A In 1 998 and all even-numbered years thereefter end Segment Bin 1997 and all odd-numbered years thereafter. 6. Father shall have the children on Father's Day and Mother 5hall have the chlldran on Mother's Dey. These periods of exclusive custody shall commence the evening before until 7:00 p.m. on that day. 7. Eech party shall be entitled to a minimum of three uninterrupted weeks of vacation with the children, The perties shell provide each other with thirty (30) days edvance notice as to when they Intend to exercise these periods. 8. In the event that Mother intends to go away such that the children are required to be with a care giver, Mother shall provide Father with the first option to be the care giver during these periods. 9. The parties agree that they shall Immediately engage themselves with Stanley Schneider. Ed.D., who 15 to provide family , , , , Ii , " , I ,I I, i! " , , , i I! " 'Ii , I 1 f2 't,1 q L'" '~ , ! .PI), '1 t-;f! ) 1_) , , "J I.LI -- I"" ;I~ - j , I~) ~ -,. " l.1. '" , " ~', ' ''';l ',,,,I I'd . "1 r~ I' , -- ;.., " C' .. H!:t ii' , "J lp '. , .'" " ,I " . . TO - 'tOU "1'.1 H..... NoflJlllD TO ""lAC. tlO Tl4' ltiCI.O'IO W'fHUt TWIN'" IIOt D.-."" 0' IUVI'. HUIO' ,,, A DI'"U''' JUDO......' NAY II ...'....0 A""INI' ~OU IT ..mHlNlY l..\WOPPIt'1! JAMES, SMITH, DURKIN &. CONNELLY 1',l),1I0~ 651) HI!1t5I1UY. Pf,NN5YI.VANIA 17033~)()50 AUG .2. AI\QQ4~ TH'T THI WITH'. '" ,. ,1t.I"lW CtU"I.C;T (O,Y 0' '"II O"IQI""I. 'II.ID IN THII "CTION. IT _ . .."OI'HIY , ,~.....___.......Nil....."lIlR"t _,,__+""'''''''''''''-'-'-I-f- -.hH"'__"'_'~li! . , .., ,,, I , ~ ....?'--, . . ........ .-. .. "'..- ..:...:~,,: ..: return the chlldrelllo MOlher's reKldencc utll:llll U,IIl. llnlhllli.>lIowlng lIlornlnl!. II, 011 uhernutiul! weekeudK frolll Frldu)' until Sundu)', When KehuollK In KCKKioll. this shull occur Ihllll uner schuolllll Fridu)' unlll Sundu)' ut 6:00 p,m. Whell school Is nul in seKslulI, this shull occur frolll Frldu)' lIlurnlllg ut 8:ll U.IIl.. und Futher IIlU)' keep the children overnight on SUlldu)' und return the children In uccordunce wilh the schedule set forth ubove In Subpurugruph ^, such thut he hus the children until Tuesda)' 1Il0rnlng. C. On the Frida)'s when It Is not Futher's custodial weekllnd, frollluner school when school Is In sessloll until 6:00 p.m. When school Is not In session, he shull have the children from Friday at 8:00 lI.m.. until 6:00 p,m, D. When Futher hus the children in his custodial care on Sunda)'s, he ugrees that the)' shall attend Mother's church. 4. The parties agree to ulternute the lIlujor holida)'s, those holida)'s being defined as Thanksgiving, New Yeur's Du)', Memoriul Day. Fourth ofJul)', and Labor Da)', These periods of purtiul cllstod)' und visitution shull be from the evening before the hollda)' until 7:00 p,m. on the holida)', This ulternating schedule shall begin with Mother huvlng lhunksglving in 1998. S, Mulh~r Hhull hllw Ih~ EUHI~r holldu)' ~uch )'cur whi~h Hhllll cOlllllllln~1l IhllllWnlnl! hlllllrll EUHlllr und HhulI cnd on EUHlllr III 7:00 p.lll. 6. Thll ('hl'l~llllUH hulldu)' ~hulI hc hrokllnlnlu IWo Nlll!lll11nIN. Slll!lll~nl ^ NhulI be Ihllll ('hrl~lllllls Eve lit 12:00 nuononlll ChrlNllllu~ DII)' lit 12:00 noon, Slll!lllllnt B ~hllll bll frolll ('hl'i~lll1US Du)' lit 12:00 noun until Declllllhcr 26th 01 12:00 noon, Mothcr shull hllve SCl!lllcnt ^ In 1999 ulld ulludd Ilolllbcred )'cllrN lhereal\er IIlld Sel!lllellt B 111 1998 IIlld 1111 evellnulllbercd )'cllrs thercllllcr. Fllther Nhall hove Seglllellt ^ In 1998 IInd 1111 evcnnulllhcred )'curs lhercllller IIlld Segment B In 199<) und ullodd numbercd )'ellrs thcrlllll\er. 7. Father ~hllll hllve the childrcnoll Fllther's DII)' IIlld Mother sholl hove the children on Mother's 011)'. These periods ofcxdusive costod)' sholl commencc th~ evening bcfore until 7:00 p,m. ontllllt dll)'. 8. Elich port)' shull be entitlcd to n minimum of three uninterrupted weeks of vacntlon with the children. The purties shnll provide ench other with thlrt)' (30) da)'s ndvnnce notice liS to when the)' intend to exercise thcse periods. 9. In the evclltthnt Mother intends to go uwn)' such thutthe children ore required to be with a cure giver. Mother shull provide Fllther with t.he lirst option to be the care giver during the~e per:ods, 10. The purties have speciliclIlI)' ul!reed to these provisions nnd requested that the)' be put into this Order: .,