HomeMy WebLinkAbout99-03771
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF - PENNA.
tYt. k
Tracy L. Zeigler
Plaintiff
VERSUS
James A. Zeigler
Defendant
N O. 3771 - 1999
DECREE IN
DIVORCE
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AND NOW, Gcf
l W 2001 IT IS ORDERED AND
DECREED THAT Tracy L. Zeigler ,PLAINTIFF,
AND James A. Zeigler 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;
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION LAW
/?.Z.c i9k r
Defendant :NO. 311\ CIVIL 19 91
: CUST-DY VISITATION
ORDER OF COURT
And now, this ? upon consideration of the attached complaint, it is hereby directed
that the above parties and their respective counsel appear before
Esquire, the conciliator, at g i C? i x;11
Pennsylvania, on the S day of 1999, at 11 O 6 .MJ P.M.,
for a Pre-hearing Custody Conference. Asuch 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 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: ?? o -?OfY??
Custody Conciliator r ty7?
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
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G :?2s" 99 ??? ? ? G?? r
TRACY L. ZEIGLER,
Plaintiff
VS.
JAMES A. ZEIGLER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 99- 3991 &: d -Ft--
IN DIVORCE
CIVIL ACTION - LAW
ORDER OF COURT
AND N00 upon consideration of the at ached Complaint, it is
hereby directe that /?the parties and the'r respective counsel appear
before (1);c Inag IJcn the Co ciliator, on the Fj 71 day of
199 at ?. A m. in the
?? -
+h 0amb
for a Pre-Hearing Custody
will be made to resolve the
accomplished, to define and
Court, and to enter into a
e. At such Conference, an effort
in dispute; or if this cannot be
the issues to be heard by the
y Order. Either party may bring
the children who is the s ject of is custody action to the
conference, but the /feence ren's attend ce is not mandatory. Failure
to appear at the may provide rounds for the entry of a
temporary or permder.
For the Cou t,
Date of Orde : (y 111 By: hov'A if
fif¢
Custody Concil
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.
Court Administrator
4th Floor, Cumberland County Courthouse 1J
Carlisle, PA 17013
TRACY L. ZEIGLER,
Plaintiff
VS.
JAMES A. ZEIGLER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 99- 377/ l Tw
IN DIVORCE
CIVIL ACTION - LAW
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the COMPLAINT IN DIVORCE 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 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, 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 GRATNTED,
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.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
(717)240-6200
TRACY L. ZEIGLER,
Plaintiff
VS.
JAMES A. ZEIGLER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. F 3 77/ Vlu l j a
IN DIVORCE
CIVIL ACTION - LAW
COMPLAINT IN DIVORCE
COMES Plaintiff, Tracy L. Zeigler, by her attorneys, Purcell,
Krug & Haller, and avers as follows:
COUNT I
DIVORCE PURSUANT TO SECTION 3301 (c)
OR 3301 (d) OF THE DIVORCE CODE OF 1980
1. Plaintiff is Tracy L. Zeigler, an adult individual who
currently resides at 860 Walnut Street, Apartment A-3, Lemoyne,
Cumberland County, Pennsylvania.
2. Defendant is James A. Zeigler, an adult individual who
currently resides at 1395 Letchworth Road, Camp Hill, Cumberland
County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents
of the Commonwealth of Pennsylvania for at least six (6) months
immediately prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on March 31, 1995
in Cumberland County, Pennsylvania.
5. Plaintiff avers that there is a child under the age of
18; namely, Jesse A. Zeigler, born October 25, 1995.
6. There have been no prior actions in divorce or
annulment between the parties.
7. Neither of the parties in this action is presently a
member of the Armed Forces.
8. The Plaintiff and Defendant are both citizens of the
United States.
9. The marriage is irretrievably broken.
10. Plaintiff has been advised of the availability of
counseling and that the Plaintiff may have the right to request that
the Court require the parties to participate in counseling. Being so
advised, Plaintiff does not request that the Court require the
parties to participate in counseling prior to a divorce decree being
handed down by the Court.
11. Plaintiff requests the Court to enter a Decree in
Divorce.
2
COUNT II
DIVORCE PURSUANT TO SECTION 3301 (a)(6)
12. Plaintiff repeats and realleges the averments contained
in paragraphs 1 through 11 as if more fully set out at length herein.
13. Plaintiff avers that she is the innocent and injured
spouse and that the Defendant has offered such indignities to her as
to render her condition intolerable and life burdensome.
COUNT III
CLAIM FOR CUSTODY
14. Plaintiff repeats and realleges the averments contained
in paragraphs 1 through 13 as if more fully set out at length herein.
15. Plaintiff seeks custody of the following child:
Name Present Residence Date of Birth/Age
Jesse A. Zeigler 860 Walnut- St., Apt A-3 October 25, 1995
Lemoyne, PA 17043 Age 3
16. The child was not born out of wedlock.
17. The child is presently in the custody of Plaintiff,
residing at 860 Walnut Street, Apartment A-3, Lemoyne, Cumberland
County, Pennsylvania.
18. From March, 1999 through the current date, the child
has resided with Plaintiff at 860 Walnut Street, Apartment A-3,
Lemoyne, Cumberland County, Pennsylvania.
3
19. From January 25, 1999 through March, 1999, the child
has resided with Plaintiff and their maternal grandparents in Camp
Hill, Pennsylvania.
20. From birth through January 25, 1999, the child resided
with both Plaintiff and Defendant at the following addresses:
Date Address
10/25/95 - 8/98 Dover, Pennsylvania
8/98 - 1/25/99 Camp Hill, Pennsylvania
21. The mother of the children is Plaintiff, Tracy L.
Zeigler, currently residing at 860 Walnut Street, Apartment A-3,
Lemoyne, Cumberland County, Pennsylvania. The Plaintiff and
Defendant are currently in the process of a divorce.
22. The father of the children is Defendant, James A.
Zeigler, currently residing at 1395 Letchworth Road, Camp Hill,
Cumberland County, Pennsylvania.
23. Plaintiff has not participated as a party or witness,
or in another capacity, in other litigation concerning the custody of
the child in this or another court.
24. Plaintiff has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
25. Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the child or claims to have
custody or visitation rights with respect to the child.
4
26. The best interests and permanent welfare of the child
will be served by granting the relief requested. The Plaintiff is
far more capable of providing for the needs of the child.
Decree:
WHEREFORE, Plaintiff requests this Honorable Court to enter a
(a) Dissolving the marriage between the Plaintiff and
Defendant;
just.
(b) Granting Plaintiff custody of Jesse A. Zeigler; and
(c) Such further relief as the Court may deem equitable and
KRU/ G SyJ HALLER
Dated:
By y ,'
ard- Krug, Esquire
y
#16826
171 th
Front Street
Harrisburg, PA 17102
o? (717)234-4178
5
I, Tracy L. Zeigler hereby verify that the facts
contained in the foregoing Complaint
are
true and correct to the best of my knowledge, information and belief.
I understand that false statements made herein are subject: to the
penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
RACY /L. Z I ER
DATE : C'?I-II/9 2
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TRACY L. ZEIGLER,
Plaintiff
VS.
JAMES A. ZEIGLER,
Defendant
TO THI°, PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-3771
CIVIL ACTION - IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Transmit the record, together with the following information, to
the Court for entry of a Divorce Decree:
1. Ground for divorce: Irretrievable breakdown under 63301(d) of
the Divorce Code.
2. Date and manner of service of the complaint:
Complaint in Divorce were served on Defendant,
James A Zeigler by Certified Mail, Restricted
Delivery on June 24, 1999.
3. (Complete either paragraphs (a) or (b).
(a) Date of execution of the Affidavit of Consent required by
§3301(c) of the Divorce Code: By Plaintiff: N/A and By Defendant: NJ-A.
Date of execution of the Waiver of Notice of Intention to Request
Entry of Divorce Decree under §3301(c) of the Divorce Code: By
Plaintiff: N/A and By Defendant.: N/A.
(b) (1) Date of execution of the Plaintiff's Affidavit required
by §3301(d) of the Divorce Code: 09/17/2001;
(2) Date of filing: 09/17/2001; Date and manner of service
upon Defendant: By Certified Mail, Restricted Delivery on 09/20/2001.
4. Related claims pending: No related claims are pending.
PURCELL, KRUG,&H LL&
By:
<Howa d B. Krug, B e
1 N. Front Street
Harrisburg, PA 17102
(717) 234-4178
Date: October 29, 2001 ID No. 16826
Attorney for Plaintiff
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TRACY L. ZEIGLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND CO., PENNSYLVANIA
VS. NO. 3771 CIVIL 1999
JAMES A. ZEIGLER, CIVIL ACTION - LAW
Defendant CUSTODY VISITATION
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I, Howard B. Krug, Attorney for the Plaintiff in the above
action, hereby swear and affirm that on the 22nd day of June, 1999, I
sent, by certified mail, return receipt requested a Complaint in
Divorce/Custody to the Defendant, James A. Zeigler.
The Return Receipt Card signed by the Defendant on June 24, 1999
is attached hereto as Exhibi
Sworn and subscribed to
before me this day
of. 1999.
1Qo ary Public
NOTARIAL SEAL
CHERYL L. DeVERE. Notary Public
City of Hamsburp, Dauphin County
M Commission Expires May 11. 2002
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TRACY L. ZEIGLER,
Plaintiff
VS.
JAMES A. ZEIGLER,
Defendant
r
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-3771-CIVIL
IN DIVORCE
CIVIL ACTION - LAW
NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE
TO: James A. Zeigler, Defendant
1395 Letchworth Road
Camp Hill, PA 17011
You have been sued in an action for Divorce. You have failed to
answer the Complaint or file a Counter-affidavit to the §3301(d)
Affidavit. Therefore, on or after October 29. 2001, the other party
can request the Court to enter a final Decree in Divorce.
If you do not file with the Prothonotary of the court an Answer
with your signature notarized or verified or a Counter-affidavit by
the above date, the Court can enter a final Decree in Divorce. A
counter-affidavit which you may file with the Prothonotary of the
court is attached to this notice.
Unless you have already filed with the court a written claim for
economic relief, you must do so by the above date or the court may
grant the divorce and you will lose forever the right to ask for
economic relief. The filing of the form counter-affidavit alone does
not protect you economic claims.
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.
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, Pa 17013
(717) 240-6100
TRACY L. ZEIGLER,
Plaintiff
VS.
JAMES A. ZEIGLER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-3771-CIVIL
IN DIVORCE
CIVIL ACTION - LAW
DEFENDANT'S COUNTER-AFFIDAVIT UNDER
$3301(d) OF THE DIVORCE CODE
1. Check either (a) or (b):
- (a) I do not oppose the entry of a Divorce Decree.
- (b) I oppose the entry of a Divorce Decree because (Check (i),
(ii) or both):
(i) The parties to this action have not lived separate and apart
for a period of at least two years.
(ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic relief. I
understand that I may lose rights concerning alimony, divi-
sion of property, lawyer's fees or expenses if I do not
claim them before a divorce is granted.
(b) I wish to claim economic relief which may include alimony,
division of property, lawyer's fees or expenses or other
important rights.
I understand that in addition to checking (b) above, I must also
file all of my economic claims with the Prothonotary in writing and
serve them on the other party. If I fail to do so before the date set
forth on the Notice of Intention to Request Divorce Decree, the
Divorce Decree may be entered without further delay.
I verify that the statements made in this Counter-Affidavit are
true and correct. 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:
James A. Zeigler, Defendant
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE
AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD
NOT FILE THIS COUNTER-AFFIDAVIT.
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TRACY L. ZEIGLER,
Plaintiff
VS.
JAMES A. ZEIGLER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-3771-CIVIL
IN DIVORCE
CIVIL ACTION - LAW
NOTICE TO THE DEFENDANT
IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN
THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN
TWENTY (20) DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON
YOU OR THE STATEMENTS WILL BE ADMITTED.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The parties to this action separated on January 25, 1999,
and have continued to live separate and apart for a period of at
least two (2) years.
2. The marriage is irretrievably broken.
3. 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.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Tiyc/ b ! 2
Tracy L. Z igler, (? aintiff
Dated: { ^?? ? 17, )-OQ/
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TRACY L. ZEIGLER,
Plaintiff
VS.
JAMES A. ZEIGLER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-3771
CIVIL ACTION - 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:
P.
1. Ground for divorce: Irretrievable breakdown under 93301(d)(1)
of the Divorce Code.
2. Date and manner of service of the Complaint:
Complaint in Divorce were served on Defendant.
James A. Zeigler by Certified Mail. Restricted
Delivery on June 24. 1999.
3. (Complete either paragraphs (a) or (b).
(a) Date of execution of the Affidavit of Consent required by
§3301(c) of the Divorce Code: By Plaintiff: NN/A, and By Defendant: N/A.
Date of execution of the waiver of Notice of Intention to Request
Entry of Divorce Decree under §3301(c) of the Divorce Code: By
Plaintiff: N/A and By Defendant: N/A.
(b) (1) Date of execution of the Affidavit required by §3301(d)
of the Divorce Code: 09/17/2001:
(2) Date of filing: 09/17/2001; Date and manner of service
upon Defendant: By Certified Mail. Restricted Delivery on 09/20/2001.
4. Related claims pending: No related claims are pending.
5. Date and manner of service of the notice of intention to file
Praecipe to Transmit record, a copy of which is attached: November 1,
2001, by Certified Mail. Return Receipt Requested.
PURCELL, KRUG, & HALLER
By:
How d B. Krug, Esquire
1 N. Front Street
H risburg, PA 17102
(717) 234-4178
Date: November 28, 2001 ID No. 16826
Attorney for Plaintiff
TRACY L. ZEIGLER,
Plaintiff
VS.
JAMES A. ZEIGLER,
Defendant
TO: James A. Zeigler, Defendant
1395 Letchworth Road
Camp Hill, PA 17011
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-3771-CIVIL
IN DIVORCE
CIVIL ACTION - LAW
i
You have been sued in an action for Divorce. You have failed to
answer the Complaint or file a Counter-affidavit to the 53301(d)
Affidavit. Therefore, on or after November 27, 2001, the other party
can request the Court to enter a final Decree in Divorce.
If you do not file with the Prothonotary of the Court an Answer
with your signature notarized or verified or a Counter-affidavit by
the above date, the Court can enter a final Decree in Divorce. A
counter-affidavit which you may file with the Prothonotary of the
court is attached to this notice.
Unless you have already filed with the court a written claim for
economic relief, you must do so by the above date or the court may
grant the divorce and you will lose forever the right to ask for
economic relief. The filing of the form counter-affidavit alone does
not protect you economic claims.
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.
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, Pa 17013
(717) 240-6100
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TRACY L. ZEIGLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 1999-3771 Civil
JAMES A. ZEIGLER,
Defendant CIVIL ACTION - DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, Howard B. Krug, Esquire, Attorney for the Plaintiff, Tracy
L. Zeigler, in the above action, hereby swear and affirm that on the
lay day of November, 2001, I sent, by certified mail, return receipt
requested, restricted delivery, PLAINTIFF'S NOTICE OF INTENTION TO
REQUEST ENTRY OF DIVORCE DECREE to the Defendant, James A. Zeigler.
The Return Receipt Card signed by the Defendant on November 1,
2001 is attached hereto as Exhibit "A".
Qi
HOWARD B. KRUG, -ESQUIRE
%ID NO. 16826
ATTORNEY FOR PLAINTIFF
Sworn and subscribed to
before me this ) day
of 2001.
Public
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C ltalN 1 and/or 2 for ader ml aarVlosa.
fir ampl.a lama s. arrdAm a It. 1 also wish to receive the
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TRACY L. ZEIGLER, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS. )
NO. 99-3771 CIVIL TERM
JAMES A. ZEIGLER, )
Defendant ) CIVIL ACTION - LAW
CUSTODY/VISITATION
ORDE$ 1
AND NOW, this day of W 4-
_- Y ; .:?/'?/- -'--- __-- -' 1999,
upon review of the Conciliator's Report, it appearing that the
Plaintiff appeared with her counsel at the conciliation and the
Defendant, although notified and served with the Order scheduling
the conciliation did not appear, it is hereby ordered and directed
as follows:
1. Primary legal and physical custody of the minor child,
Jesse A. Zeigler, d.o.b. October 25, 1995 is with Mother.
Father shall have periods of partial custody and
visitation as agreed upon. If Father feels aggrieved by
this Order, he may petition the Court for another
conciliation.
BY THE COURT;
EDGAR 4,? BAYLEY, JUDGE
Howard B. Krug, Esquire a
t
Attorney for Plaintiff F..3`t-49
James A. Zeigler, pro se
mlb
'A.RY
TRACY L. ZEIGLER,
Plaintiff
VS.
JAMES A. ZEIGLER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-3771 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY/VISITATION
JUDGE PREVIOUSLY ASSIGNED: None.
CUSTODY cONCILIATTON CQMPJ **CE SUNKMaY PpPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The pertinent information concerning the child who is the
subject of this litigation is as follows:
NAME BIRTHDATE CURRENTLY IN
CUSTODY OF
Jesse A. Zeigler October 25, 1995 Plaintiff
2. A Conciliation Conference was held on August 5, 1999, and
the following individuals were present: the Plaintiff and her
attorney, Howard B. Krug, Esquire; the Defendant did not appear.
3. Items resolved by agreement: See attached Order.
9. Issues yet to be resolved: See attached order.
5. The Plaintiff's position on custody is as follows: See
attached Order.
6. The Defendant's position on custody is as follows: See
attached Order.
7. Need for separate counsel to represent child: Neither
party requested.
8. Need for independent psychological evaluation or
counseling: None requested and the Conciliator does not believe
any is necessary.
Date: August 20, 1999
km ael L. 6i?angs-
Custody Coor
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Tracy L. Zeigler, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 3771-1999
James A. Zeigler,
Defendant : CIVIL ACTION - IN DIVORCE
PRAECIPE TO STATE SOCIAL SECURITY NUMBERS
PLAINTIFF, Tracy L. Zeigler, Social Security number is 194-64-6729.
DEFENDANT, James A. Zeigler, Social Security number is 193-52-9264.
PURCELL, KRUG & CER )
Howa B. K_ Esqu_ ire -
LD. . fi6826"-"-
19 17 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Date: October 29, 2001
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TRACY L. ZEIGLER,
Plaintiff
Vs.
JAMES A. ZEIGLER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-3771-CIVIL
IN DIVORCE
. CIVIL ACTION - LAW
NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE
TO: James A. Zeigler, Defendant
1395 Letchworth Road
Camp Hill, PA 17011
You have been sued in an action for Divorce. You have failed tc
answer the Complaint or file a Counter-affidavit to the §3301(d)
Affidavit. Therefore, on or after November 27, 2001, the other party
can request the Court to enter a final Decree in Divorce.
If you do not file with the Prothonotary of the Court an Answer
with your signature notarized or verified or a Counter-affidavit by
the above date, the Court can enter a final Decree in Divorce. A
counter-affidavit which you may file with the Prothonotary of the
court is attached to this notice.
Unless you have already filed with the court a written claim for
economic relief, you must do so by the above date or the court may
grant the divorce and you will lose forever the right to ask for
economic relief. The filing of the form counter-affidavit alone does
not protect you economic claims.
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.
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, Pa 17013
(717) 240-6100
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TRACY L. ZEIGLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 1999-3771 Civil
JAMES A. ZEIGLER,
Defendant CIVIL ACTION - DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, Howard B. Krug, Esquire, Attorney for the Plaintiff, Tracy
L. Zeigler, in the above action, hereby swear and affirm that on the
18th day of'September, 2001, I sent, by certified mail, return
receipt requested, restricted delivery, PLAINTIFF'S AFFIDAVIT UNDER
§3301(d) OF THE DIVORCE CODE and PLAINTIFF'S NOTICE OF INTENTION TO
REQUEST ENTRY OF DIVORCE DECREE to the Defendant, James A. Zeigler.
The Return Receipt Card signed by the Defendant on September
20, 2001 is attached hereto as Exhibit "A".
Sworn and subscribed to
before me this r; `/'//"? day
of jg4 2001.
? -?
Notary ublic
Notarial Seal
Angela S. Eaton, Notary Public
Harrisburg, Dauphin County
My Commission Expires Jan. 12, 2004
Member, PennsyNanis Assoclat onof Notarlea
i ¦ Complete Items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this cans to the back of the mallplece,
or on the front if space permits.
1. Article Addressed to:
?4`?W1
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2. AnMe Number (Copy from service label)
PS Form 3811, July 1999
A. Recelved by (Please Print Clearly) ete Of OMivery
C. S lure
x ? Agent
? Addressee
D. Is addressdlMerant 1? ? Yee
If YES, enter delivery address below: ? \
1 3. Servi0e Type
-Certified Mall ? Express Mail
Registered (Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivenp (Extra Fee)
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Q y 9C0
102595-00-M-0952
Domestic Return Receipt
EXHIBIT "A"
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TRACY L. ZEIGLER, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAMES A. ZEIGLER,
DEFENDANT : 99-3771 CIVIL TERM
AND NOW, this 9154- day of October, 2001, the request for the entry of a
decree in divorce, IS DENIED at this time.'
By the
Edgar B.
Howard B. Krug, Esquire
For Plaintiff
:saa
S
' Pa. Rule of Civil Procedure 1920.72(d) requires that a Section 3301(d) affidavit
notify the other party to file a counter-affidavit within twenty (20) days of service,
or the statements in the affidavit will be admitted. Rule 1920.73, providing for a
notice of intention to request the entry of a Section 3301(d) divorce decree,
requires that it include a statement that, "You have failed to ... file a_ counte
affidavit to the § 3301(d) affidavit. Therefore, on or after (a date), the other parry
can request the court to enter a final decree in divorce." (Emphasis added.)
Here, the notice of intention to request the entry of a Section 3301(d) divorce
decree was served on defendant on the same date as the Section 3301(d)
affidavit. Because defendant has twenty days from service of the Section
3301(d) affidavit to file a counter-affidavit, defendant cannot be notified on the
same day it is served that there has been a failure to file a counter-affidavit.
1 : !;