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HomeMy WebLinkAbout09-8667`h ROCS\KA DIV\Zema.itis.2amela- 3301(c) complaint & custody complaint.wpc ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF PAMELA K. ZEMAITIS, Plaintiff V. PAUL ANDREW ZEMAITIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. Q?- ?(pG 7 : CIVIL ACTION - LAW : IN DIVORCE & IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you :must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a 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 at the Cumberland County Courthouse, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF PAMELA K. ZEMAITIS, Plaintiff V. PAUL ANDREW ZEMAITIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D 0 6 7 CIVIL ACTION - LAW IN DIVORCE & IN CUSTODY ORDER OF COURT AND NOW, this day of , 200 , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the Custody Conference Officer, at on the day of , 200 at _ .M., for a 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. Children should not attend the conference unless requested by the Custody Conference Officer. If the Defendant or Respondent should fail to appear at the custody conference, the conference may proceed in accordance with Pa.R.C.P. 1915.4-2(b). FOR THE COURT, By: Custody Conference Officer 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 32 South Bedford Street, Carlisle, PA 17013-3302 (717) 249-3166 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 at (717) 240-6100. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF PAMELA K. ZEMAITIS, Plaintiff V. PAUL ANDREW ZEMAITIS, i Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. c T C ?? CIVIL ACTION - LAW IN DIVORCE & IN CUSTODY COMPLAINT 1. The Plaintiff in this action is PAMELA K. ZEMAITIS, an ladult individual, who currently resides at 630 Davis Drive, New Cumberland, Pennsylvania 17070. 2. The Defendant in this action is PAUL ANDREW ZEMAITIS, an adult individual, who currently resides at 22 W. Canal Street, Hershey, Pennsylvania 17033. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on August 31, 1996, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 7. The Plaintiff avers that two children, ALEXANDER CHARLES ZEMAITIS, born August 31, 1998, age eleven, and REBECCA LEIGH ZEMAITIS, born January 15, 2000, age nine, have been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court requ_Lre the parties to participate in counseling. i 9. The Plaintiff requests the court to enter a decree of ;divorce. COUNT I - CUSTODY 1. The Plaintiff in this action is PAMELA K. ZEMAITIS, an adult individual, who currently resides at 630 Davis Drive, New Cumberland, Pennsylvania 17070. 2. The Defendant in this action is PAUL ANDREW ZEMAITIS, an adult individual, who currently resides at 22 W. Canal Street, Hershey, Pennsylvania 17033. 3. Plaintiff seeks custody of ALEXANDER CHARLES ZEMAITIS and REBECCA LEIGH ZEMAITIS who resides at 630 Davis Drive, New Cumberland, Pennsylvania 17070. ALEXANDER CHARLES ZEMAITIS is eleven years of age having been born on August 31, 1998. REBECCA LEIGH ZEMAITIS is nine years of age having been born on January 15, 2000. ALEXANDER CHARLES ZEMAITIS was not born out of wedlock. REBECCA LEIGH ZEMAITIS was not born out of wedlock. The children are presently in the custody of the mother, PAMELA K. ZEMAITIS who resides at 630 Davis Drive, New Cumberland, Pennsylvania, 17070. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESS DATES Pamela K. Zemaitis 630 Davis Drive birth-present New Cumberland, PA Paul Andrew Zemaitis 630 Davis Drive birth-present New Cumberland, PA The mother_ of the children is PAMELA K. ZEMAITIS, currently residing at 630 Davis Drive, New Cumberland, Pennsylvania 17070. She is married. The father of the children is PAUL ANDREW ZEMAITIS, currently residing at 22 W. Canal Street, Hershey, Pennsylvania 17033. He is married. 4. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons: NAME Pamela K. Zemaitis RELATIONSHIP mother 5. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons: NAME RELATIONSHIP 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children Iwill be served by granting the relief requested because: j (a) The children have resided with the mother since birth, who has provided a continuous living relationship with the children; (b) The mother is able to provide a stable home and family type environment for the children allowing the children opportunity to spend time with the children's father consistent with a schedule the parties have arranged between themselves. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant custody of the children. Date: 21 y v STONE LaEX-VL? & SU-I?KLETSKI 'Kizabe B. Stone, Esquire rt ID # 60251 Sup /rde 4 Street, P.O . Box E New and, PA 17070 Tele 17-774-7435 Attorneys for Plaintiff V E R I F I C A T I O N PAMELA K. ZEMAITIS states that she is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ' PAMELA K. EMAITIS Date: r-:> 1 41"? ..i':.. 4 1 U i i j i ? 2C '9 0 f . J LX d y Q 0 d- 3"?I PAMELA K. ZEMAITIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-8667 CIVIL ACTION LAW PAUL ANDREW ZEMAITIS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, December 21, 2009__ , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, atT 4th Floor, Cumberland Coun Courthouse, Carlisle on Thursday, January 21, 2010 at 9:30 AM -_ .? ........ ................. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .I ?009 DEC 2t3 t i 1a': °?•? _?r Gam- ?' ??? "fie ? l r r F:\DOCS\FLIDIV\Zemaitis.Pamela- Affidavit of Service.wpd ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF r- Fxg? t1F THE FR©? 4TAW 2010 FEB -2 PM 3: QS V ?Ty PAMELA K. ZEMAITIS, Plaintiff V. PAUL ANDREW ZEMAITIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-8667 CIVIL ACTION - LAW IN DIVORCE & IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : . SS: COUNTY OF CUMBERLAND I, Elizabeth B. Stone, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, Paul Andrew Zemaitis, at 22 W. Canal Street, Hershey, Pennsylvania 17033, by United States certified mail, postage prepaid, restricted delivery, on January 30, 2010, as evidenced by 'a ttached certified mail return receipt. ; SWORN TO AND S_VBSCRIBED before me this day of FkS y , 2010. at Law otary Public COMMONWEALT F PENNSYLVANIA NOTA SEAL JENNIFER A. MEARKLE, Notary Public New Cumberland Boro. Cumberland Co, My Commission Expires July 7, 2012 ? 4 it RMhicad Dy derir. ' NO ¦ Pi1nE ybuF nMni mid addfyM at iF>f ro+rer drri>?i so vwt r?bm tMtaa+ t4 your ? Ataotrl?We?r?lfoth.Wdcdth. a. p by (AbWd nom. * ? all . ' . or on tfs tlont ? ?aa pennMs? I v f, A?Mds Addfeiw?d ?C P ' Is d.No4 ad6w>r 00?nwt Rani Ibni -i . AI ' , M 1?ES: sxrtw deNwy sddr wm ' amp haul Andrew Zemal.ti Ar:: - x . 22 1i1:< Canal Street; Hersey, PA 17033- . cawta L2;E Ate, It 13 pspNbirid:< r 10 p ium Rf>of s' b? M«otwwft. Qarnitrb 141. Q. ' ' 4i R (obd = . Ely" 700& 0150 0002 5290 1921 I PS'FdM3811, . Ril?irn Ftnodpf 1afrFi610 JUL ~ Z 2010 PAMELA K. ZEMAITIS, : IN THE COURT OF COMMON Plaintiff :CUMBERLAND COUNTY, PEN V. : N0.2009-8667 CIVIL ACTION - PAUL ANDREW ZEMAITIS, Defendant : IN CUSTODY ORDER OF COURT +~~x U v~.i~ r~ ~ r ; ~-- ..,.. ~ , T.; W _ N '" ~= `= ~ t ~ Y- ~ AND NOW, this 9~' of July, 2010, having no contact with the parties to reschedule a Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Y acq line M. Verney, Esquire, Custo Conciliator