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HomeMy WebLinkAbout04-3488 SHANE A. ZINN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 3tH'6 2004 - CIVIL TERM VICKI A. ZINN, Defendant IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court, A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for 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 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, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation 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. SHANE A. ZINN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW Jq'trt 2004 - CIVIL TERM VICKI A. ZINN, Defendant IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) ill::rm:; DIVORCE CODE NOW comes the Plaintiff, Shane A, Zinn, by his attorney, Marcus A. McKnight, III, Esquire, and files this Complaint in Divorce against defendant, Vicki A. Zinn, representing as follows: 1. The Plaintiff is Shane A, Zinn, an adult individual residing at 1194 Green Spring Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Vicki A. Zinn, an adult individual residing at 659 Hamilton Street, Carlisle, Pennsylvania 17013, 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce, 4. The Plaintiff and the Defendant were married on September 14, 1996, in Cumberland County, Pennsylvania and separated on June 11, 2004. 5. There have been no prior actions of divorce or for annulment between the parties. 6, The Plaintiff and Defendant have two children born prior to this marriage, namely Quentin A. Zinn, born January 24,1998, and Colton A. Zinn, born January 22,2002 7. Pursuant to the Divorce Code, Section 330l(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, By: Date: July 20, 2004 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action, I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. jLt/~ SHANE A. Z~." Date: 1- /q~o~/ ~ ~, '- !..; '"'" ~ w ~ ~ ~ ~ ~ ~ \\\ \J \ ~! ~ '--' lA '-. " ~ \)0;, ~,\ \'-l... If\ \) ~~ , ~ ~~ f (" (' ,~ .: ..:! ; Ii ~,- ) --'"] , ' (,; . SHANE A. ZINN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW 2004-3488 CIVIL TERM VICKI A. ZINN, Defendant IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA : ss: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, lII, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce, 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Vicki A. Zinn, on July 26, 2004, by certified, restricted delivery mail, addressed to her at 659 Hamilton Street, Carlisle, Pennsylvania 17013, with Return Receipt Number 7002 0860 0000 1074 4391. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof, I verify that the statements made in this affidavit are true and correct, I understand that false statements herein made are subject to the penalties of 18 Pa. C, S. Section 4904, relating to unsworn falsification to authorities. ~ , m, ESQUIRE Date: July 20, 2006 - . ~ f7/IO/dt. GI*.A. CI CI CI CI - . ,(00 CertIflodFH .~o 1,1'5 .50 'l, I S - - CI __Fee ... .(E..do.ae.._lIAequ1red) .. _Fee CI ru --"- m Q l'- MS VICKI A ZINN iiii~llTREE'r-...-.____n___-............................ ~~..U.~IDJ.3._........................................n..__... CIIJI_-' , . Co..,..... 1. 2, n 3, AIlIo 0GI_11 "- 4 H RNllIGlled DIIvsry 1I-.c1 . Pnnt yoIA' I18IM n eddrwa on the__ 10 thlllwe _ !'SUn the ClSRl to you. . Atqch thIa ClSRl to the bllck 01 the me..,., or on the fIanllf ..-ct!. pa'IllIts. 1. ArtIcteAdd. Ita: B. D.Io.-y__....._11 H YES, onlor.-y _ boIow: MS VICKI A ZIIII!I 659 HAMILTON STREET CARLISLE PA 17013 3. -lYPO 13 COr1ItIod Moll 0 ~_ OR'.'.... [][RoIumReooiptIor_ o MIl OC.OD. . _lD....~j&hfW) 2.__ tDIrIIIIrtar 'tllfl~-: ' , PI,,-3In1.~_ 7D02 oabO onoo 1D74 4391 ---- ...~ o c': .' r .i C) f",) C1 1..-..'- ~ , =71 ..";1 SHANE A. ZINN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2004-3488 CIVIL TERM VICKI A. ZINN, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on July 20, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: /1- ").. 'I - , 2006 JL sffb ~ = c.::::" a"' o .., CJ N 0'0 ~: - - -- .. ~~ .:::\ ::1- -r'\ (\1 e:;:, ',?~:\~) l.~-.~: ~~:~~ :::')\fll ~Ej :% o o SHANE A. ZINN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2004-3488 CIVIL TERM VICKI A. ZINN, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: / / ^ ;2 9 - , 2006 JL~~ ~ l::':::> c::t' CJ F\ c-; f'-..) 0" ~~ --I :r:. ....1 r~1e~ -',-~~ ':t~ ~~~~ _:0'" .- ~-;-! -- '. .----.~ -~~~-i~i " ; -::", -,~ ~J :-<:, - - o - SHANE A. ZINN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 2004-3488 CIVIL TERM VICKI A. ZINN, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: JI- ;1 9 - , 2006 JL - ~ S" A. ZINN ,....:> c:> .-,;:? c;;T' CJ r:1 C) \",., Cf' ~ ~'tII' ---- o -n ..-\ -c-n fne:: -'3l \~~, ;~ $~)\ ,?\' -''''I'' Co :."-<. - - o o SHANE A. ZINN, Plaintiff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2004-3488 CIVIL TERM VICKI A. ZINN, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 20, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. \)... \ \', '- , 2006 \ '.--....., " ) . ,)\)u"" ',,\,.' //"",, ~ .~~ ' .\ 1\,\.'-"'\. VICKI A. ZmN Date: <"..._._~R . ~::; 0 C'.;::> -n c:r> c::J r'c", r; r....) 0\ :t;:?> ~.. '~ ..< C) SHANE A. ZINN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 2004-3488 CIVIL TERM VICKI A. ZINN, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: , \ .,' "'~\'" L.) , 2006 \ \ \ i .....-""" , ~ ; ) \ ., / ,,'1i ,\ ,/' \ . J...l..' 1\./' "1,11.1 A1 VICKI A. ZINN ' :-., c;;> = Ci" o -.1 -I :I-n rn~ CJ I'"li (""") r..;) 0" ~': c:) SHANE A. ZINN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2004-3488 CIVIL TERM VICKI A. ZINN, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ., \ . \ .--. -, 1 'c \.".:, 1 \ \ , 2006 \ ,. \ '. ,,\\ // \ ;~I'\\;~; /. v..... \ ~'-~/VI'C'Ki'A. ZINN....' ". f::) ~~ .....> = = c.'"'" Cl ;-","1 (""') '-" 'al ~ .-\ ::r: -n nlp -08 ~~~(~) o ...'> >'~~~f\ ,::,1 ~; :....:: SHANE A. ZINN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2004-3488 CIVIL TERM VICKI A. ZINN, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 20, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: \ ':l. \ I:', , 2006 r....:> C~ c:::::. <.".J""\ 9 f.. j l-:-.l f'V co t:;-? o CY't SHANE A. ZINN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2004-3488 CIVIL TERM VICKI A. ZINN, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~2006 W&I6~~jM\ l"~~ c;-: c.:,'-,. ,':; -n c r-rl (-) ."0 C') ;s c;., (, ""; SHANE A. ZINN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2004-3488 CIVIL TERM VICKI A. ZINN, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 2006 \~~~ VI KI'A. Z , ' () -n c' r'T'~ <.--,; r~-..) co C';' " C~) c~, ." . '- .> . VICKI A. ZINN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA v No. 2004-3501 CIVIL TERM SHANE A. ZINN, Defendant CIVIL ACTION-LAW IN DIVORCE STIPULATION The parties in the above captioned action hereby agree and stipulate that the Court may enter an Order in the form as attached to resolve the custody issues between the parties. Hu X. Gilroy, Esquire Broujos & Gilroy, P.C. Attorney for Plaintiff ~ i....;...... MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this \q '\-\... day of July, 2005 by and between VICKI A. ZINN, (hereinafter referred to as "WIFE") and SHANE A. ZINN, hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 14, 1996, in Cumberland County, Pennsylvania, and separated on June 11, 2004. HUSBAND filed a Complaint in DIvorce in Cumberland County, Pennsylvania, docketed at 2004-3488 Civil Term on July 20, 2004. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the .intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial propertY in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 2 WIFE shall receive the following items: a. TIle personal property in her current possession; b. Her bank accounts; c. Any life insurance policy; d. Her employee benefits; and e. A cemetery lot at Westminster Cemetery. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description 'and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully ,and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 11. AUTOMOBILES: a. HUSBAND agrees to waive any and all interest which he may have in the automobiles in possession of the WIFE being a 1990 Pathfinder and a 2002 Eclipse. 5 b. WIFE agrees to waive any and all interest which she may havc in the automobiles in possession of the HUSBAND being a 1995 Tahoe, a 1990 Baretta and a 1982 Yamaha motorcycle. They each waive any claim which they have in any automobile owned by the other party. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he may have in the savings or checking or any other bank accounts of the WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees ofthe party who is seeking the divorce. 6 ~ 15. BREACH: If either party breaches any provisions of this Agreement, the other party should have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement.. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and theirlegal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it. is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 7 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 22. WAIVER OF CLAIMS AGAINST EST A TES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any arid all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy,. statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 8 IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: ~yc/~ s~. ZINN 9 (SEAL) (SEAL) ., COlVIl\tIO~wEAL TH OF PENNSYL V Atl\lIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this _ day of July 2005, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, VICKI A. ZINN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this jj!iay of July, 2005, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, SHANE A. ZINN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEAL TH OF PENNSYLV,A~"" NcxariaI Seal ~'W\ ~ L Noei. Notary Public My~~QlunIy Member, Penns'~ ~ Sept. 18, 2fX17 T.vanla AsSOcIation Of Notarf.. ~~ 10 ~-, :.- . (') ~~ ::;:; ...::;..:.::> -, L- :-;-~ m ~ -4 -c-n [l1 c.:: ~}~~ -n "', ~") "i\ ~~n '=::\ ""- c)~ :...:: .,...-:.."'" r-:? (n c,"') ----- SHANE A. ZINN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 2004-3488 CIVIL TERM VICKI A. ZINN, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) and or (d) ofthe Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Vicki A. Zinn, on July 26, 2004, by certified, restricted delivery mail, addressed to her at 659 Hamilton Street, Carlisle, Pennsylvania, 17013, with Return Receipt Number 7002 0860 0000 1074 4391. 3, Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by plaintiff: November 29,2006; by defendant: December 13,2006, (b)(1) Date of execution ofthe affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice III Section 3301(c) Divorce was filed with the Prothonotary: December 26, 2006, Date defendant's Waiver of Notice III Prothonotary: December 26, 2006. Date: January 18, 2007 n !:~~=, ~~:~ - ~ r--::l C;;J c-.;::) ....... o 11 -4 :::L-n ~~~ :,---"n <- _.-'~-'" "--,. ,,~, '--,... ,..;'::- co -n (:;:.; te) ~~d rn ;ib ~ -.;...... r;;> en co ------- Of. Of. Of. Of. Of. Of. ff.ff. ~ Of. ff. ,.,Of.Of.Of. Of. it; Of. :+i:+iff.~it;Of.:F.:F.:+iOf.Of.:f.;t;'" ;t;:f.:f. :+i :f.;t; IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. SHARE A. ZINN, No. 2004-3488 CIVIL TERM PLAINTIFF' VERSUS VICKI A. ZINN, DEFENDANT DECREE IN DIVORCE AND NOW, i~Ay .z:1":' I ZDo1 , IT IS ORDERED AND DECREED THAT SIlANE A. ZINN , PLAINTIFF, AND VICKI A. ZINN , 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; The Marriage Settlement Agreement dated July 19. 2005 and signed by the parties is hereby incorporated into this Divorce Decree but not merged. PROTHONOTARY Of.~Of.!f. ff,ff, ff,ff,'t'!f.!f.ff.:+i :+iff,ff,r+: ff.;f.'f.ff,ff,ff,ff.ff.:+iff,ff. ff, :+; :+;:+;ff.ff,!f.ff,ff.ff.ff.;t;ff.;t; ff. J. ~r ~ ~~ LO 5:e>( ~'/W'r$ ~ ~p r1iJ d>~e>/ . "' " . .., '. ~' .. .-^..... ,. ., .. -rof 112007 rA ~ ... v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 34tB No. 2004-:iS&t CIVIL TERM VI CKl A. ZINN, Plaintiff SHANE A. ZINN, Defendant CIVIL ACTION-LAW IN DIVORCE COURT ORDER AND NOW, this I f" day of ~ ' 20~ upon consideration of the attached Stipulation signed by the parties, it is ordered and directed as follows: 1. The father, Shane A. Zinn, and the mother, Vicki A. Zinn, shall enjoy shared legal and shared physical custody of Quentin A. Zinn, born January 21, 1998 and Colton A. Zinn, born January 22, 2002. 2. Physical custody shall be shared equally on a week-to-week basis with the parties exchanging custody each week on Sunday afternoon at 4:00 p.m. or at such other time as agreed upon by the parties. 3. The parties shall share custody on major holidays pursuant to a schedule arranged by the parties. 4. In the event either party desires to modify this schedule and the parties are unable to reach an agreement, that party may petition the Court to have this Order modified and the matter referred to a Custody Conciliator for a conference. cc~ert X. Gilroy, Esquire t.-m.arcus A. McKnight, Esquire -\ ,It . ... _..--:"n'"' "':J V L I :8 Irl\J 6 I NVr LOOl A8VJ.O:K>-di::kl 3H1 .:10 :n!:U.(}-CBll:! PARLEMClients\12345 Zinn\12345.1.Petition Modify Custody Order Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VICKI A. ZINN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW c > ?- 2004-3488 SHANE A. ZINN, NO. 'M Lo r'' '`??`''r- IN CUSTODY Defendant U) N)p? ^t-, -e 6 PETITION TO MODIFY CUSTODY ORDER Plaintiff, Vicki A. Zinn, by her attorneys, Martson Law Offices, sets forth the fe&witig: Plaintiff is Vicki A. Zinn, an adult individual residing at 36 Rays Drive, Newville, PA 17241. 2. Defendant is Shane A. Zinn, an adult individual residing at 1813 Pine Road, Newville, PA 17241. Plaintiff and Defendant are the natural parents of Quentin A. Zinn, born January 21, 1998, and Colton A. Zinn, born January 22, 2002. 4. This Court entered a prior Custody Order on January 18, 2007, in the above matter whereby the parties were granted shared legal and shared physical custody of the mentioned two minor children. Pursuant to said Order, physical custody was shared on a week on/week off basis. A copy of said Order is attached hereto and marked Exhibit A. 5. Plaintiff believes that it is in the best interests of the minor children for her to have primary custody of the children during the school year for the following reasons: A. The children's grades suffer when they are in the custody of the Father. 70, D0fc/ erg ??9 ,tea 68 77 3 F B. Plaintiff is more involved in the school system and in studying with the children. C. The children have special needs which Plaintiff attends to. D. Plaintiff attends all of the children's medical appointments and is more involved in the children's lives. E. Defendant refuses to take the children to the doctor on his weeks of custody. F. Defendant is specifically degrading the Plaintiff Mother to the children and allowing others in the Defendant's presence to disparage the Mother. G. Such other reasons as may be brought out at a hearing in this case. 6. Plaintiff desires the Court to modify the existing Order to provide as follows: A. Plaintiff would have primary physical custody of the minor children during the school year with the Defendant to have custody on alternating weekends and an arrangement made for an alternating or sharing of holidays. B. During the summer months, Defendant and Plaintiff would have shared custody of the children on a week on/week off basis. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order modifying the Custody Order of January 18, 2007, as requested above. MARTSON LAW_ OFFICES By Date: f? q , 2011 Je?mipr 7,. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 9 VICKI A. ZINN, Plaintiff EXHIBIT "A" v SHANE A. ZINN, Defendant INI? ?? LYYI ? : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-Wf?CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COURT ORDER AND NOW, this day of 20 ,, upon consideration of the attached Stipulation signed by the parties, it is or ered and directed as follows: 1. The father, Shane A. Zinn, and the mother, Vicki A. Zinn, shall enjoy shared legal and shared physical custody of Quentin A. Zinn, born January 21, 1998 and Colton A. Zinn, born January 22, 2002. 2. Physical custody shall be shared equally on a week-to-week basis with the parties exchanging custody each week on Sunday afternoon at 4:00 p.m. or at such other time as agreed upon by the parties. 3. The parties shall share custody on major holidays pursuant to a schedule arranged by the parties. 4. In the event either party desires to modify this schedule and the parties are unable to reach an agreement, that party may petition the Court to have this Order modified and the matter referred to a Custody Conciliator for a conference. BY THE COURT, Judge c??,ert X. Gilroy, Esquire arcus A. McKnight, Esquire , o?'?q VERIFICATION The foregoing Petition to Modify Custody Order is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Petition to Modify Custody Order and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon. counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition to Modify Custody was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, Esquire 60 West Pomfret Street Carlisle, PA 17013 MARTSON LAW OFFICES By aXZ6'J Tricia . Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 19, 2011 VICKI A. ZINN PLAINTIFF V. SHANE A. ZINN DF,FF,NDANT AND NOW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN C? C a zrq r°h rn- 2004-3488 CIVIL ACTION LAW r C-) - 1 gip. rNV o° r x --+o IN CUSTODY 31n =z ;C- c) ORDER OF COURT Wednesday, December 21, 2011 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at? 4th Floor, Cumberland County ourthouse, Carlisle on Tuesday, January 24, 2012 at 3:00 PM for a Pre-Hearing Custody Conferenc . At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to deft e and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the confer nce may provide grounds for entry of a temporary or permanent order. The court hereby directs thelparties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody The Court of Common with Disabilites Act of 1990. Fo available to disabled individuals must be made at least 72 hours p conference or hearing. to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: ls/ ohn . Man an r. Es q. Custody Conciliator Pleas of Cumberland County is required by law to comply with the Americans information about accessible facilities and reasonable accommodations laving business before the court, please contact our office. All arrangements for to any hearing or business before the court. You must attend the scheduled YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OC?NNOT U WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 vccot?. roe)l.ma. Zopa/ AV i?1? it VICKI A. ?INN Plaintiff V. SHANE f,. ZINN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA 'NO. 2004-3488 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT 4ND NOW, this _ day of d' ;;c a -7, 2012, upon consideration of the Motior, tc (-'ontinuc Conciliation, it is hereby Ordered ane. Directed that thc_ Conciliation Conferenc ?.s Continued. .1 his matter is rescheduled for Conciliation with John Mangan Esquire, on -, 2012, at of the Cumberland ---• County C(?iirthouse, Carlisle, Pennsylvania. BY THE COURT, Kara W. I i aggerty, Esquire, Counsel for the Defendant Jennifer 1_ `Spears Esquire, Counsel for Plaint ff John jN1an;z.n, Esquire, Conciliator - N a ?' & I?MOM UUI KIS Kara W. Haggerty, Esquire Attorney I.D. #: $6914 2 West High Street Carlisle, PA 17013 (717) 249-090(, SHANE A. ZINN, Plaintiff V. VICKI A. ZINN, Defendant 1, xIF tf t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2004-3488 CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf ofShane A. Zinn in the above-captioned matter. Respectfully submitted, DATF t 11-1 - C I ? i? 2-.-- ABom&KUTuLAKis, L.L.P. Kara W. Haggerty, Esquir Supreme Court ID 1 2 West High Street Carlisle, PA 17013 (717) 249-0900 SHANE A. ZINN, Plaintiff V. VICKI A. ZINN, Defendant Prior Judges: Kevin A. Hess, P.J. Albert H. Masland, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3488 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this _Z6?fday of March 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: O Legal Custody: The Father, Shane A. Zinn, and the Mother, Vicki A. Zinn, shall have shared legal custody of Quentin A. Zinn, born 01/21/1998 and Colton A. Zinn, born 01/22/2002. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Each parent shall keep the other parent up to date on the Children's medical/counseling appointments and general well-being. 2. Physical Custody: Mother and Father shall share physical custody of the Children as follows: a. Physical custody of the Children shall be arranged pursuant to a week on/week off basis with the exchanges to be at Sunday 4:00 pm absent agreement otherwise. b. The parties may arrange physical custody of the Children by mutual agreement. 3. Each parent shall keep the other parent apprised on the Children's well being by text at least one time per week during their respective custodial week. 4. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling (with the focus on co-parenting) with a mutually-agreed upon professional. The parties shall mutually select and set up an appointment within ten days of the instant Order. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The non-custodial parent shall have liberal text/email/telephone contact with the Children on a reasonable basis. 6. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. Thanksgiving, Christmas and Easter shall be split between the parties and all other holidays shall be alternated between the parents. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other parry, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (B) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 12. A conference with the assigned conciliator is hereby scheduled for Tuesday June 05, 2012 at 9:00 am. 13. This Order is entered pursuant to 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. Distribution: Jennifer Spears, Esquire Y Kara Haggerty, Esquire V John J. Mangan, Esquire t. pI es /n a•-led 3fis'1a 'P16, SHANE A. ZINN, Plaintiff V. VICKI A. ZINN, Defendant Prior Judges: Kevin A. Hess, P.J. Albert H. Masland, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3488 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT 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 pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currentlyin the Custody of Quentin A. Zinn 01/21/1998 Father and Mother Colton A. Zinn 01/22/2002 Father and Mother 2. A stipulated Order was issued January 18, 2007. A Conciliation Conference was held with regard to this matter on February 07, 2012 with the following individuals in attendance: The Mother, Vicki Zinn, with her counsel, Jennifer Spears, Esq. The Father, Shane Zinn, with his counsel, Kara Haggerty, Esq. 3. The parties agreed to the entry of an Order in the form as attached. I-V Date Jo J. angan, Esquire C sto y Conciliator