HomeMy WebLinkAbout99-03332
I. 1.
TRACEE L. ZYGMUNT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL DIVISION - LAW
DAVID B. ZYGMUNT, : NO. 99 -333a CIVIL TERM
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you by the
Court. A judgement 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 or your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the Prothonotary's
Office at the Cumberland County Courthouse, Carlisle, Pennsylvania.
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 Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
I
TRACEE L. ZYGMUNT,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
DAVID B. ZYGMUNT, : NO, 99 -? CIVIL TERM
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff, Tracee L. Zygmunt, is an adult individual currently residing at 914 Hamilton
Street, Carlisle, Cumberland County, Pennsylvania, but is in the process of relocating to another
residence within Cumberland County.
2. Defendant, David B. Zygmunt, is an adult individual currently residing at 914 Hamilton
Street, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and
have been for at least six months prior to the commencement of this action. Furthermore,
Defendant has resided in Cumberland county continuously for at least six months prior to the
commencement of this action.
4. The Parties were married on December 22, 1993 in Everett, Snohomish County,
Washington.
5. In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties
is irretrievable broken.
6. There have been no prior actions for divorce or annulment in this or any other jurisdiction
within the knowledge of the Plaintiff.
7. Plaintiff has been advised that counselling is available and that Plaintiff may have the
right to request that the Court require the parties to participate in counseling.
WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be
divorced from the Defendant pursuant to 23 P.S. Section 3301(c).
R tfully submitt
,
Thomas S. Diehl, Esquire
Attorney for the Plaintiff
401 E. Louther Street; Suite 103
Carlisle PA, 17013
(717) 240-0833
VERIFICATION
I verify that the statements made in the foregoing document are true and correct I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating
to unswom falsifications to authorities
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Plaintiff
V.
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION LAW
NO.,Z? CIVIL 19 q of
CUSTODY VISITATION
ORDER OF CO TRT
And now, this to I upon consideration of the attached complaint, it is hereby directed
that the above parties and their respective counsel appear before 'L) d1
Esquire, the conciliator, at . 3c? \-J, 1 ictl n C? F IP V)rnn t(r Ck
Pennsylvania, on the '_ day of 1999, at Ij 2)- A.M.M.
for a Pre-hearing Custody Conference. At suc conference, an effort will be made to resolve tFie
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 be present at
the conference. Failure to appear at the conference may provide grounds for the entry of a
temporary or permanent order.
FOR THE COURT:
By: ?NV9mn? 1 A UO U 4, _
Custody Conciliator tA'Z> ?
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 ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
1-800-990-9108
L'ATY
TRACEE L. ZYGMUNT, ; IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - CUSTODY
DAVID B. ZYGMUNT, , NO.qq-333a CIVIL TERM
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this _i C) day of 1999, upon consideration of
the attached Complaint it is hereby directed that the parties and their respective counsel appear
before l the conciliator, on the day of
1999, fit' y in. for a Prehearing 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. Either party may bring the child/children who is/are the subject of this custody
action to the conference, but the child/children's attendance is not mandatory. Failure to appear
at the conference may provide grounds for entry of a temporary or permanent Order.
FOR THE COURT,
By:
Custody Conciliator
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 HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FORTH FLOOR
CARLISLE, PA 17013
(717) 240-0833
1RACEE L. ZYGUMUNT,
Plaintiff
vs.
DAVID B. ZYGMUNT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO.99-333a CIVIL TERM
IN CUSTODY
COMM AiNT FOR CUSTODY
1. Plaintiff is Tracee L. Zygmunt, an adult individual currently residing at 914 Hamilton
Street, Carlisle, Cumberland County, Pennsylvania, however is in the process of relocating to
another residence within Cumberland County.
2. Defendant is David B. Zygmunt, an adult individual currently residing at 914 Hamilton
Street, Carlisle, Cumberland County, Pennsylvania.
3. The Plaintiff is the natural Mother of the child, Jadee Minol Zygmunt, born December
27, 1995.
The Child was bom in wedlock.
In the past two years, the child has resided with the following persons at the following
addresses for the following periods of time:
NAME ADDRESS DATE
Tracee L. Zygmunt 914 Hamilton St. May 1997 to Present
David B. Zygmunt Carlisle, PA.
The natural mother of the child is Tracee L. Zygmunt, who resides as aforesaid. She is
married.
The natural father of the child is David B. Zygmunt, who resides as aforesaid. He is
married.
4. The relationship of the Plaintiff to the child is that of natural Mother. The Plaintiff
currently resides with the Defendant but is in the process of relocating.
5. The relationship of the Defendant to the child is that of natural Father. The Defendant
currently resides with the Plaintiff.
6. The Plaintiff has no information of a custody proceeding concerning the child pending
in any Court of this Commonwealth.
7. The best interest and permanent welfare of the child will he served by granting the
relief requested because:
a) The Plaintiff is better suited to provide a stable environment to foster the child's well
being.
b) The Plaintiff is more apt to not hamper the custodial periods of the other party.
c) The Plaintiff has, and continues to be the primary caretaker of the child.
8. The Plaintiff does not know of any person not a party to the proceedings who claims
to have custody or visitation rights with respect to the child.
WHEREFORE, Plaintiff requests your Honorable Court to enter an Order scheduling the
Parties for a Custody Conciliation.
Res ally sub
Thomas S. Diehl, Esq.
Attorney for the Plaintiff
401 East Louther Street; Suite 103
Carlisle, PA 17013
(717) 240-0833
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating
to unsworn falsifications to authorities
DATE: S q 9 _
TRACEE L. ZYG T
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TRACEE L. ZYGMUNT,
Plaintiff
V.
DAVID B. ZYGMUNT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
NO. 99 - 3332 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this 0?Q day of Jvtl,-e- , 1999, comes Thomas S. Diehl,
Esquire, Attorney for Plaintiff, Tracee Zygmunt, and states that he personally mailed a certified
copy of a Complaint in Divorce and Custody Complaint to the Defendant, David B. Zygmunt,
at 914 Hamilton Street, Carlisle, Cumberland County, Pennsylvania by certified mail, restricted
delivery, return receipt requested. A copy of said receipt is attached hereto indicating service
was made on June 11, 1999.
401 East Louther Street
Suite 103
Carlisle, PA 17013
(717) 240-0833
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TRACEE L. ZYGMUNT,
V9.
DAVID B. ZYGMUNT,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3332 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
CRDER OF COURT
AND NOW, this ( day of )' , 1999, upon
consideration of the attached Custody Conch a n R port, it is ordered
and directed as follows:
1. The Mother, Tracee L. Zygmunt, and the Father, David B. Zygmunt,
shall have shared legal custody of Jadee Minol Zygmunt, born December 27,
1995. Each parent shall have an equal right, to be exercised jointly with
the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions
regarding her health, education and religion.
2. The parties shall share having physical custody of the Child in
accordance with the following schedule: The Father shall have custody of
the Child every week from Saturday at 7:00 p.m. through Tuesday at 4:30
p.m. and the Mother shall have custody of the Child from Tuesday at 4:30
p.m. until Saturday at 7:00 p.m. For all exchanges of custody under this
provision, the party receiving custody of the Child shall be responsible to
provide transportation.
3. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into
Segment At which shall run from Christmas Eve at 4:00 p.m.
until Christmas Day at 2:00 p.m., and Segment B, which shall
run from Christmas Day at 2:00 p.m. until December 26 at 7:30
p.m. The Mother shall have custody of the Child during
Segment A in even numbered years and during Segment B in odd
numbered years. The Father shall have custody of the Child
during Segment A in odd numbered years and during Segment B in
even numbered years.
B. CHILD'S BIRTHDAY: The parties shall share having custody of
the Child on her birthday each year.
C. MO'THER'S LAY/FATHER'S DAY: The Mother shall have custody of
the Child every year on Mother's Day and the Father shall have
custody of the Child every year on Father's Day.
D. REMAINING HOLIDAYS: The parties shall share or alternate
TRACEE L. ZYGMUNT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 99-3332 CIVIL TERM
DAVID B. ZYGMUNT, : CIVIL ACTION - LAW
Defendant
CUSTODY
CUSTODY CONCILIATION SUAfMARX REPOT
1915.3-8, I e ACundersigned CORDANCE Gust oCU Conciliator COUNTY submits the fOlPROCEDURE
lowing report:
1. The Pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME DATE OF BIRTH CT7RRFIdPLY IN CUSTODY OF
Jadee Minol Zygmunt December 27, 1995 Mother/Father
2. A Conciliation Conference was held on July 8, 1999, with the
following individuals in attendance: The Mother, Tracee L. Zygmunt, with
her counsel, Thomas S. Diehl, Esquire, and the Father, David B. Zygmunt,
with his counsel, Keith 0. Brenneman, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date wn S. Sunda , Es
' quire
Custody Conciliator
J
having custody of the Child on the remaining holidays as
arranged by agreement.
4. The holiday custody schedule shall supersede and take precedence
over the regular custody schedule.
5. Each party shall be entitled to have two non-consecutive weeks of
vacation custody each summer upon providing 30 days advance written notice
to the other party.
6. Except as otherwise stated in this order, the parties shall share
the responsibility of providing transportation for exchanges of custody.
7. The parties shall keep each other advised immediately in the event
of serious illness or medical emergency concerning the Child and shall
further take any necessary steps to ensure that the health and well-being
of the Child is protected. During such illness or medical emergency, both
parties shall have the right to visit the Child as often as he or she
desires consistent with the proper medical care of the Child.
8. Neither party shall do or say any thing which may estrange the
Child from the other parent, injure the opinion of the Child as to the
other parent, or hamper the free and natural development of the Child's
love and respect for the other parent.
9. This order is entered pursuant to the agreement of the parties at
a Custody Conciliation Conference. The parties may modify the provisions
of this order by mutual consent. In the absence of mutual consent, the
terms of this order shall control.
BY THE COURT,/
cc: Thomas S. Diehl, Esquire - Counsel for Mother
Kenneth O. Brenneman, Esquire - Counsel for Father
Lam" , 711?l99,
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