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HomeMy WebLinkAbout02-3513 NM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA AMBER M. KANE, Civil Action At Law---Custody Petitioner/Intervenor, Case No. 2002-3513 VS. r.. — BRIAN J. ZYGMUNT, ;; and = r - JESSICA M. MILLER • _<3>, (Pi Defendants, iA d"} PETITION TO INTERVENE IN CUSTODY ORDER AND AMEND CAPTION FOR THE PURPOSE OF FILING A PEITION TO MODIFY COURT ORDER 1. Petitioner is Amber M. Kane, who currently resides at 12'1 A 3rd St. Boling Springs, PA. 17007 in the County of Cumberland and is an individual who occupied the status of Step-parent and is asserting her rights as Loco Parentis relative to the custody of a minor child of the name of Ashton J. Zygmunt. 2. The Respondents are Brian J. Zygmunt, the biological father of the minor child who currently resides at 22 Trine Avenue, Mt. Holly Springs, PA. 17065 in the County of Cumberland and Jessica M. Miller, the biological mother of the child who currently resides at 308 Grahams Woods Road, Carlisle, PA. 17015 in the County of Cumberland. 3. On the 25th day of August 2002 a Court Order for custody was entered which was vacated and replaced with the Order of January 10th, 2010 and July 24th, 2003 (both of which are attached hereto an labeled as Exhibit"A"),that adjudicated the custodial rights of the aforementioned biological parents a copy of the same is attached hereto. 4. Since the entry of said Order, there has been a significant change in circumstances for the following reasons as hereinafter outlined. (a) The step-mother, and Petitioner, for the last two years has had substantial contacts with the minor child and custody thereof which ended in the end of November 2013. (b) Since the entry of the original Order relative to custody the Step Mother has had consistent contact with the minor child to the extent that the child resided in her household for a period of approximately two years whereupon the step- mother stood in loco parentis to the minor child. (c) As of November 2013 the biological father has unilaterally severed all forms of custody and contact by and between the minor child and the step-mother. (d) Since the entry of the Order in 2002, the biological parents have been separated and continue to live apart. (e) All parties have and continue to reside in Cumberland County. 5. The best interest and permanent welfare of the child will be served by Granting the Petition to Intervene. WHEREFORE, Petitioners pray this Court to allow the petitioners to Intervene for the purposes Amend the Caption to properly include the Step-mother, as Petitioners relative to this Order for the purpose of filing a Petition to Modify the existing Court Order to grant petitioner Amber M. Kane, Partial Physical Custody of the minor child Ashton J. Zygmunt Respectfully submitted, Gre d S. � t, Esquir: • orney for Petitioner 7 West Main Street Mechanicsburg, PA. 17055 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. 4904 relating to unsworn falsification to authorities. Date • I erg ne, Petitioner 'JAN 20 2010 BRIAN J. ZYGMUNT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2002-3513 CIVIL TERM JESSICA M. MILLER, : CIVIL ACTION -LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW,this )pit4 day of Tv-70 v ,2010, upon consideration of the attached Custody Conciliation Repo, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. / , of the Cumberland County Court House, on the /5.,tL day of_—_C i ,2010, at y/3 G o'clock,_4 . M., at which time testimony will b taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties,the prior Order of Court dated July 24, 2003 shall remain in full force and effect with the following modifications. 3. During the school year: A. Father shall have primary physical custody of the child. B. Mother shall have the following periods of partial physical custody: 1. Alternating weekends from Saturday at 9:00 a.m.to Monday morning when Mother will assure that the child will attend school on time. In the event that a Monday school holiday coincides with Mother's weekend, and Mother is not working, she shall have physical custody until Tuesday morning and transport the child to school. 2. Such other times as the parties agree. 4. During the summer,the parties shall have shared physical custody on a week on/week off schedule, with the exchange day and time being Fridays at 6:00 p.m. Mother shall have the first week beginning on the first Friday after the summer recess begins. 11 Esc � 5. Holidays. In addition to the holiday times set forth in the Order of Court dated July 24, 2003,Mother shall have physical custody of the child as follows: A. Over the Thanksgiving break, from Friday at 9:00 a.m. to Tuesday morning when she will assure that the child will be transported to school. B. Over the Christmas break, Mother shall have an additional four overnights, ending with the morning when the child returns to school. 6. Transportation shall be shared such that during the school year,the relinquishing party shall transport. During the summer,Mother shall be responsible for all transportation. 7. 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, A " .! J. es ey Oler, J. cc: a Adams, Esquire, counsel for Mother •/Brian J. Zygmun, pro se 22 Trine Avenue Mt. Holly Springs, PA 17065 Qnn (. dr t'f� r na t I //2A-//6 �t()1 • JUL 2003 BRIAN J. ZYGMUNT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2002-3513 CIVIL TERM JESSICA M. MILLER, : CIVIL ACTION-LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this Z day of To ( " ,2003, upon consideration of the attachedtustody Conciliation Report, it is ordered and directed as follows: 1. All prior Orders of Court, dated August 25, 2002, September 26,2002 and October 15,2002 are hereby vacated. 2. Mother's Petition for Contempt is hereby denied. 3. The Father, Brian J. Zygmunt, and the Mother, Jessica M. Miller, shall have shared legal custody of Ashton Joseph Zygmunt, born December 1, 2001. 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 his health, education and religion. 4. Father shall have primary physical custody of the Child. 5. Mother shall have periods of partial physical custody, which shall be exercised at the home of the Child's maternal grandmother., Judy Miller, as follows: A. Beginning July 26 and July 27, 2003 from 10:00 a.m. to 6:00 p.m. B. August 9 and August 10, 2003 from 10:00 a.m. to 6:00 p.m. C. Beginning August 22 through August 24, 2003 and alternating weekends thereafter from Friday at 6:00 p.m. to Sunday at 6:00 p.m. D. All custody shall be exercised at maternal grandmother's home unless Mother advises Father of the location, address and telephone number where the child can be reached if outside of the jurisdiction of Cumberland County. If the child is to be removed from the jurisdiction of Cumberland County, Grandmother shall accompany the Child. E. Such other times as the parties agree. . . . .. . . C_) (---) — : :,:...... ' . • a ; . I.....'.. ■i:-..) ::-"-• :7.- ,..__ .—... • 1 e. 6. Neither party shall remove the Child from the jurisdiction without prior notice to the other party of the location, address and telephone number. 7. Thanksgiving: the parties shall share and alternate the Thanksgiving holiday. In odd numbered years,Mother shall have physical custody of the Child from 9:00 to 3:00 and in even numbered years, Mother shall have the Child from 3:00 p.m. to 9:00 p.m. Father shall have the Child in odd numbered years from 3:00 p.m. to 9:00 p.m. and in even numbered years Father shall have the Child from 9:00 a.m. to 3:00 p.m. 8. Christmas: the Christmas holiday shall be divided into two blocks. Block A shall run from Christmas Eve at 1:00 p.m. to Christmas Day at 1:00 p.m. Block B shall run from Christmas Day at 1:00 p.m.to December 26 at 1:00 p.m. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. 9. Easter: the parties shall share and alternate Easter Day from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall have the earlier time in even numbered years and the later time in odd numbered years. Mother shall have the earlier time in odd numbered years and the later time in even numbered years. 10. Memorial Day, July 4th and Labor Day shall be alternated by the parties with Father having Labor Day in 2003 from 9:00 a.m. to 9:00 p.m. In the event that Mother's alternating weekend schedule coincides with a Monday holiday, Mother shall extend her weekend by having the Child overnight on Sunday. 11. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 5:00 p.m. 12. The parties shall alternate Halloween at times agreed by the parties with Mother having odd numbered years and Father having even numbered years. 13. The parties acknowledge that a PFA Order was entered by consent by the Honorable George E. Hoffer dated November 6,2002. The parties may communicate concerning custody and said reasonable communication shall not be a violation of the PFA Order. 14. Father and Mother will notify each other of all medical care the Child receives while in that parent's care. Father and Mother will notify the other immediately of medical emergencies which arise while the Child is in that parent's care. 15. Maternal grandmother shall transport the Child for a three month period. Thereafter,the parties shall agree to permit other licensed drivers to transport the Child. Said agreement shall not be unreasonably withheld. Only licensed and duly insured individuals shall transport the Child when in the custody of either party. 16. Mother shall notify Father within forty-eight hours of her period of custody if she intends to cancel her period of physical custody. 17. Neither party shall partake in illegal drugs or drink to the point of intoxication while the Child is in their custody. 18. This Order is entered pursuant to an 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, 4 J. esley Oler, r ' J. ccara W. Haggerty,Esquire, Counsel for Father baron Neuharth, Esquire, Counsel for Mother C_Tryx&11. J � � c25 -03 'JAN 20 2010 BRIAN J. ZYGMUNT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : 2002-3513 CIVIL TERM JESSICA M. MILLER, : CIVIL ACTION -LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW,this Jam+ day of Tv7v v ,2010, upon consideration of the attached Custody Conciliation Repo, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. r ,of the Cumberland County Court House, on the /c..ti, day of 2010, at 7/36 o'clock,A. M., at which time testimony will b taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties,the prior Order of Court dated July 24,2003 shall remain in full force and effect with the following modifications. 3. During the school year: A. Father shall have primary physical custody of the child. B. Mother shall have the following periods of partial physical custody: 1. Alternating weekends from Saturday at 9:00 a.m.to Monday morning when Mother will assure that the child will attend school on time. In the event that a Monday school holiday coincides with Mother's weekend, and Mother is not working, she shall have physical custody until Tuesday morning and transport the child to school. 2. Such other times as the parties agree. 4. During the summer,the parties shall have shared physical custody on a week on/week off schedule,with the exchange day and time being Fridays at 6:00 p.m. Mother shall have the first week beginning on the first Friday after the summer recess begins. h b t 5. Holidays. In addition to the holiday times set forth in the Order of Court dated July 24,2003, Mother shall have physical custody of the child as follows: A. Over the Thanksgiving break,from Friday at 9:00 a.m.to Tuesday morning when she will assure that the child will be transported to school. B. Over the Christmas break,Mother shall have an additional four overnights, ending with the morning when the child returns to school. 6. Transportation shall be shared such that during the school year, the relinquishing party shall transport. During the summer, Mother shall be responsible for all transportation. 7. 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, A 1 41 J. t es ey Oler,Jog J. cc-^e Adams, Esquire, counsel for Mother Brian J. Zygmun,pro se 22 Trine Avenue Mt. Holly Springs, PA 17065 1 JUL 2003 BRIAN J.ZYGMUNT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2002-3513 CIVIL TERM JESSICA M. MILLER, : CIVIL ACTION -LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW,this 2,4d4 day of u "t , 2003, upon consideration of the attached custody Conciliation Report, it is ordered and directed as follows: 1. All prior Orders of Court,dated August 25, 2002, September 26, 2002 and October 15, 2002 are hereby vacated. 2. Mother's Petition for Contempt is hereby denied. 3. The Father, Brian J. Zygmunt, and the Mother,Jessica M. Miller, shall have shared legal custody of Ashton Joseph Zygmunt,born December 1, 2001. 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 his health, education and religion. 4. Father shall have primary physical custody of the Child. 5. Mother shall have periods of partial physical custody, which shall be exercised at the home of the Child's maternal grandmother, Judy Miller, as follows: A. Beginning July 26 and July 27, 2003 from 10:00 a.m. to 6:00 p.m. B. August 9 and August 10, 2003 from 10:00 a.m. to 6:00 p.m. C. Beginning August 22 through August 24, 2003 and alternating weekends thereafter from Friday at 6:00 p.m.to Sunday at 6:00 p.m. D. All custody shall be exercised at maternal grandmother's home unless Mother advises Father of the location,address and telephone number where the child can be reached if outside of the jurisdiction of Cumberland County. If the child is to be removed from the jurisdiction of Cumberland County, Grandmother shall accompany the Child. E. Such other times as the parties agree. 6. Neither party shall remove the Child from the jurisdiction without prior notice to the other party of the location, address and telephone number. 7. Thanksgiving:the parties shall share and alternate the Thanksgiving holiday. In odd numbered years, Mother shall have physical custody of the Child from 9:00 to 3:00 and in even numbered years, Mother shall have the Child from 3:00 p.m. to 9:00 p.m. Father shall have the Child in odd numbered years from 3:00 p.m. to 9:00 p.m. and in even numbered years Father shall have the Child from 9:00 a.m. to 3:00 p.m. 8. Christmas:the Christmas holiday shall be divided into two blocks. Block A shall run from Christmas Eve at 1:00 p.m. to Christmas Day at 1:00 p.m. Block B shall run from Christmas Day at 1:00 p.m.to December 26 at 1:00 p.m. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. 9. Easter: the parties shall share and alternate Easter Day from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall have the earlier time in even numbered years and the later time in odd numbered years. Mother shall have the earlier time in odd numbered years and the later time in even numbered years. 10. Memorial Day, July 4th and Labor Day shall be alternated by the parties with Father having Labor Day in 2003 from 9:00 a.m. to 9:00 p.m. In the event that Mother's alternating weekend schedule coincides with a Monday holiday, Mother shall extend her weekend by having the Child overnight on Sunday. 11. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 5:00 p.m. 12. The parties shall alternate Halloween at times agreed by the parties with Mother having odd numbered years and Father having even numbered years. 13. The parties acknowledge that a PFA Order was entered by consent by the Honorable George E. Hoffer dated November 6,2002. The parties may communicate concerning custody and said reasonable communication shall not be a violation of the PFA Order. 14. Father and Mother will notify each other of all medical care the Child receives while in that parent's care. Father and Mother will notify the other immediately of medical emergencies which arise while the Child is in that parent's care. 15. Maternal grandmother shall transport the Child for a three month period. Thereafter,the parties shall agree to permit other licensed drivers to transport the Child. Said agreement shall not be unreasonably withheld. Only licensed and duly insured individuals shall transport the Child when in the custody of either party. ! . 16. Mother shall notify Father within forty-eight hours of her period of custody if she intends to cancel her period of physical custody. 17. Neither party shall partake in illegal drugs or drink to the point of intoxication while the Child is in their custody. 18. This Order is entered pursuant to an 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, J. y'esley Oler, , ` J. ccara W. Haggerty, Esquire, Counsel for Father .Aaron Neuharth, Esquire, Counsel for Mother 0�- k ri - ca5j -O3 AIti N: kcove , : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA • Q r 6UV J•• ZVig/ Ha No. ---‘3573 CIVIL TERM L /7c�r CIVIL ACTION - LAW Defendant : IN CUSTODY Ti -11 CRIMINAL RECORD/ABUSE HISTORY VERIFICATION t I, 5 -0 O /, L � rn" , hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: -� o 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction. apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 I"° r- (relating to criminal homicide) 18 Pa.C.S. §2702 fl (relating to aggravated assault) 18 Pa.C.S. §2706 fl (relating to terroristic threats) 18 Pa.C.S. §2709.1 fl E (relating to stalking) 18 Pa.C.S. §2901 f (relating to kidnapping) r- 18 Pa.C.S. §2902 --- (relating to unlawful restraint) , 18 Pa.C.S. §2903 E r- --- (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 r ------- (relating to rape) 18 Pa.C.S. §3122.1 E relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 1 (relating to sexual assault) 18 Pa.C.S. §3125 r- (relating to aggravated indecent assault) 18 Pa.C.S. §3126 - (relating to indecent assault). 18 Pa.C.S. §3127 r- (relating to indecent exposure) r— 18 Pa.C.S. §3129 r— - (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 7 ------- (relating to arson and related offenses) 18 Pa.C.S. §4302 r— r— (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) r— 18 Pa.C.S. §4304 (relating to endangering welfare of children) 7 18 Pa.C.S. §4305 - (relating to dealing in infant children) 18 Pa.C.S. §5902(b) r— (relating to prostitution and related offenses), 18 Pa.C.S. §5903 E (c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) r— 18 Pa.C.S. §6312 r— [— (relating to sexual abuse of children) 18 Pa.C.S. §6318 r— (relating to unlawful contact with minor) 18 Pa.C.S. §6320 r— (relating to sexual exploitation of children) 23 Pa.C.S. §6114 r— [— (relating to contempt for violation of Protection order or agreement) Driving under the if4 C970 influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member A finding of abuse by a Children &Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the r— r— Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal /abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Si ature Printed Name AMBER M. KANE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW • BRIAN J. ZYGMUNT and • JESSICA M. MILLER, Defendant : NO,. 02-3513 CIVIL TERM IN RE: PETITION TO INTERVENE IN CUSTODY ORDER AND AMEND CAPTION FOR THE PURPOSE OF FILING A PETITION TO MODIFY COURT ORDER ORDER OF COURT AND NOW, this 4th day of January, 2014, upon consideration of Plaintiff's Petition To Intervene in Custody Order and Amend Caption for the Purpose of Filing a Petition to Modify Court Order, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Christy ee L. Peck, J. Gregory S. Hazlett, Esq. 7 West Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff 3ryan J. Zygmunt 22 Trine Avenue Mount Holly Springs, PA 17065 Defendant, pro Se tiry Jessica M. Miller !_ 308 Grahams Woods Road Carlisle, PA 17015 Defendant, pro Se :rc Co 1 C.V r & 1 /.mmy y r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA AMBER M. KANE, • Civil Action At Law---Custody Petitioner/Intervenor, Case No. 2002-3513 VS. r' BRIAN J. ZYGMUNT, and JESSICA M. MILLER i r',. `"; Defendants, - .. MOTION TO MAKE RULE ABSOLUTE =co co: 1. Plaintiff and Petitioner to this action is Amber M. Kane. 2. Defendants to this action are Brian J. Zygmunt and Jessica M. Miller. 3. Plaintiff filed a Petition to Intervene and Amend Caption December 26th, 2013. 4. A Rule to Show Cause was issued on January 6th, 2014 providing 20 days to the defendants to object to the Petition to Intervene and Amend Caption. 5. Jessica M. Miller, defendant was served with the Rule to Show Cause by way of personal service on the 11th day of January 2014 and Brian Zygmunt, the defendant was served on the 22°d day of January 2014 by way of Personal Service. 6. The defendants have not filed an answer or objection to the Rule to Show Cause as of February 18th, 2014 which is in excess of 20 days from the date of service thereof. WHEREFORE, Plaintiff prays that this Honorable Court enter the Order granting the plaintiff's Petition to Intervene and Amend Caption of the Custody Order. Dated: 2/18/2014 Respectfully Su i itted, Gre_• S. . ,Ili► squir orney for Plaintiff 7 West Main Street Mechanicsburg, PA 17055 Phone: 790-5500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA AMBER M. KANE, Civil Action At Law---Custody Petitioner/Intervenor, Case No. 2002-3513 VS. • • BRIAN J. ZYGMUNT, • `"'- and a ``- JESSICA M. MILLER rn C ' Defendants, • C r- -- �C7 n -err CERTIFICATE OF SERVICE =4=',k C.? ' I, Gregory S. Hazlett, Esquire, hereby certify that on 11th day of January 2014, and 22' day of January 2014 service of the foregoing, Petition to Intervene and Amend Caption and Rule to Show Cause, was made upon the following defendants respectively by way of Personal Service as listed hereunder. JESSICA M. MILLER 60 Noble Blvd. Carlisle PA. 17013 BRIAN J. ZYGMUNT 349 West Ridge St. Carlisle,PA. 17013 GREGORY S. ZLETT Grego - . a 7 est Main ' reet echanicsburg, PA. 17055 Phone: 717-790-5500 Attorney for Plaintiff r C uff berlawi IN THE COURT OF COMMON PLEAS OF 44444-1244144 COUNTY, COMMONWEALTH OF PENNSYLVANIA C AMBER M. KANE, w! Plaintiff, • rn No. 2002-3513 ' `' • , w -4l= VS. Civil Action-DIVORCE f'' BRIAN J. ZYGMUNT and JESSICA M. MILLER, Defendants AFFIDAVIT OF SERVICE I, -`..( /1- ,certify that on the ) , day of , eve.-1 Z 0(21 , that I hand delivered a Petition to Intervene and Amend Caption of Custody Order and Rule to Show Cause and related documentation to defendant, Jessica M.Miller, in the above captioned matter who I personally know to be Jessica M. Miller by 6o 31/3\42 IN \id Co. ,(\ ‘'s personally handing a copy to the defendant at the following address: Je ssi gver\-\ \\K Prin Name Sign Na (7v //zf go ( \ tc . S 9/- Mailing Address J g ( 7G-67 • C-UN-bel aki pi IN THE COURT OF COMMON PLEAS OF 43114.14444N COUNTY, COMMONWEALTH OF PENNSYLVANIA AMBER M. KANE, Plaintiff, 2 . No. 2002-3513 _` —• _ mcz r ' VS. • = -- co : Civil Action—DIVORCE tv ' BRIAN J. ZYGMUNT and =4:7) -- -. JESSICA M.MILLER, ' Defendants -•,c c4 AFFIDAVIT OF SERVICE I, � revi-\-- I 1`I ley , certify that on the 2Z1 L day of ()am r y 20 L( , that I hand delivered a Petition to Intervene and Amend Caption of Custody Order and Rule to Show Cause and related documentation to defendant, Brian J. Zygmunt, in the above captioned matter who I personally know to be Brian J. Zygmunt by personally handing a copy to the defendant at the following address: S A C , Ejle S-I- C A(0Q PA ( 7d/3 B(Rl9/ } V ftCv Print Name Sign Name 7/4 �vi L'hs) IQ/id/v.3s3", 1706-2 Mailing Address J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA AMBER M. KANE, Civil Action At Law---Custody • Petitioner/Intervenor, • Case No. 2002-3513 VS. BRIAN J. ZYGMUNT, and JESSICA M. MILLER Defendants, ORDER AND NOW, on this t,day of L EL , 2014, it is ORDERED AND DECREED that the Rule to Show Cause is made Absolute and the aforementioned Petition to Intervene and Amend Caption for the Purpose of Filing a Petition to Modify a Court Order is hereby GRANTED. oLt 4/Le eff' Aj2 THE COURT, J1 BY TH &IA.;-Y._ Honorable, Christy lee L. .Peck, regory S. Hazlett, Esquire 7 West Main Street Mechanicsburg, PA. 17055 Attorney for Plaintiff /Bryan J. Zygmunt 22 Trine Avenue Mount Holly Springs, PA. 17065 m m Defendant, Pro Se cn `}? 1essica M. Miller r �}— / 308 Grahams Woods Road Carlisle, PA. 17015 Defendant, Pro Se 2/ el/(Cf IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA AMBER M. KANE, Plaintiff, VS. BRIAN J ZYGMUNT, and JESSICA M. MILLER Defendant, C) CX) : Civil Action At Law---Custodyrn r- > Case No. 2002-3513 r: >c.-) z C) PETITION TO MODIFY CHILD CUSTODY ORDER PURSUANT TO 23 PA. CONS. STAT. 5324(2) Petitioner is Amber Kane, who currently resides at 121 A Third St. Boiling Springs, PA. 17007 in the County of Cumberland, and has been the primary caretaker and caregiver of the minor child Ashton J. Zygmunt and has assumed the role of loco parentis to the child for a period of (2) years. 2. The Respondent is Brian J. Zygmunt, the biological father of the minor child Ashton J. Zygmunt, who currently resides at 22 Trine Avenue, Mt. Holly Springs. PA. 17065 in the County of Cumberland. • The other Respondent is Jessica M. Miller, the biological mother of the child, who currently resides at 308 Grahams Woods Road, Carlisle, 17015 in the County of Cumberland. 4. The biological mother and father have lived separate and apart for a period of more 0•-" r 3oV?7r than six (6) months. 5. On the 25th day of August 2002 a Court Order for custody was entered which was vacated and replaced with the Order of January 10th, 2010 and July 24th, 2003 (both of which are attached hereto and labeled as Exhibit "A "), that adjudicated the custodial rights of the aforementioned biological parents a copy of the same is attached hereto. 6. On January 11t 2014, the Petitioner, Amber Kane served both Respondents with a Petition to Intervene and Amend Caption and Rule to Show Cause why the requested relief should no be granted which was for the underlying purpose of allowing the petitioner to Intervene in the existing Custody Order issued between the Respondents for the purpose of advancing her rights to custody. 7. On February 26th, day of 2014 an Order of Court (labeled as Exhibit `B ") was issued allowing the Petitioner, Amber Kane to Intervene in the Order of Court and Amend the Caption accordingly provided that she demonstrate standing at the time of a custody Hearing. 6. Since the entry of said Order, there has been a significant change in circumstances for the following reasons as hereinafter outlined. (a) The step- mother, and Petitioner, for the last two years has had substantial contacts with the minor child and custody thereof which ended in the end of November 2013. (b) The petitioner has had the child sleep over her residence consistently during the two year period and had provided for the child's physical, emotional, social, psychological, and educational needs during this period of time. (c) The petitioner, resided with the respondent father since the child was (1) year old and during which period attended to the child providing for all of his needs as a primary caretaker and caregiver up until the child was (10) years old whereupon petitioner then vacated the residence and continued to maintain this contact with the child as a primary caretaker and caregiver until November 2013. (d) The child has developed close relationship with his half brother Logan Zygmunt who currently resides with the petitioner and who also desires to maintain contact and a relationship with half brother Ashton Zygmunt. (e) The respondent father has relinquished his parental rights of Logan Zygmunt, to the petitioner Amber Kane, and therefore the only opportunity that Ashton Zygmunt will have to maintain contact with his half brother Logan Zygmunt will be at the residence of the petitioner. (f) The respondents Brian Zygmunt and Jessica Miller and the father and mother respectively openly encouraged this level of contact with the petitioner Amber Kane and respondent father, facilitated the exchanges between the household of himself and the Step- mother, Petitioner. (g) Since the entry of the original Order relative to custody the Step Mother has had consistent contact with the minor child to the extent that the child resided in her household for a period of approximately two years whereupon the step- mother stood in loco parentis to the minor child. (h) Since the entry of the Order in 2002, the biological parents have been separated and continue to live apart. (i) The biological father, has consistently and deliberately circumvented a consistent schedule by and between the step- mother despite her repeated requests and efforts to maintain contact with the minor child. (j) The biological father has failed to articulate to the petitioner any viable or justifiable reason for now excluding the child from her and has accordingly created emotional unrest for the petitioner and presumptively to the child who has at all times prior had harmonious and nurturing relationship with the petitioner. 5. The best interest of the child will be served by the Court in modifying said Order for the aforementioned reasons. WHEREFORE, Petitioners pray this Court to allow the modification of the Custody Order to grant petitioner, Amber Kane Primary Physical Custody of the minor child Ashton J. Zygmunt for the reasons as recited within the aforementioned. Respectfully submitted, ney for Inte enors/Petitioner est Main Street Mechanicsburg, PA. 17055 Phone: 717 - 790 -5500 Respectfully submitted, regory S. zlett, s Iire� Attor for Intervenors/Petitioner 7 'est Main Street Mechanicsburg, PA. 17055 Phone: 717 - 790 -5500 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the'penalties of 18 Pa. Cons. Stat. 4904 relating to unsworn falsification to authorities. Date er M. ane, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA AMBER M. KANE, Petitioner/Intervenor, VS. BRIAN J. ZYGMUNT, and JESSICA M. MILLER Defendants Civil Action At Law---Custody Case No. 2002-3513 ORDER AND NOW, on this ,702tday of fe4t--- , 2014, it is ORDERED AND DECREED that the Rule to Show Cause is made Absolute and the aforementioned Petition to Intervene and Amend Caption for the Purpose of Filing a s Petition to Modify a Court Order is hereby GRANTED. 7'D ( Gregory S. Hazlett, Esquire 7 West Main Street Mechanicsburg, PA. 17055 Attorney for Plaintiff Bryan J. Zygmunt 22 Trine Avenue Mount Holly Springs, PA. 17065 Defendant, Pro Se Jessica M. Miller 308 Grahams Woods Road Carlisle, PA. 17015 Defendant, Pro Se BY THE COURT, Honorable, Christy lee L. .Peck, Exhib TRUE 'COPY,fRallii:RECORD In Testtinony where • ' here unto set my hand and the seal 2f said Carlisle, P 'Thls e,2/77b.y of , 20 Pro rY rs.) CO 'JAN 20 2010 BRIAN J. ZYGMUNT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2002-3513 CIVIL TERM JESSICA M. MILLER, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 9 day of Tz.r)u 1.3 , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. 1 , of the Cumberland County Court House, on the /,<Cif. day of 2010, at 6 o'clock, 4-. M., at which time testimony will b taken. For purposes of is Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated July 24, 2003 shall remain in full force and effect with the following modifications. 3. During the school year: A. Father shall have primary physical custody of the child. B. Mother shall have the following periods of partial physical custody: 1. Alternating weekends from Saturday at 9:00 a.m. to Monday morning when Mother will assure that the child will attend school on time. In the event that a Monday school holiday coincides with Mother's weekend, and Mother is not working, she shall have physical custody until Tuesday morning and transport the child to school. 2. Such other times as the parties agree. 4. During the summer, the parties shall have shared physical custody on a week on/week off schedule, with the exchange day and time being Fridays at 6:00 p.m. Mother shall have the first week beginning on the first Friday after the summer recess begins. )(ii i ifr 5. Holidays. In addition to the holiday times set forth in the Order of Court dated July 24, 2003, Mother shall have physical custody of the child as follows: A. Over the Thanksgiving break, from Friday at 9:00 a.m. to Tuesday morning when she will assure that the child will be transported to school. B. Over the Christmas break, Mother shall have an additional four overnights, ending with the morning when the child returns to school. 6. Transportation shall be shared such that during the school year, the relinquishing party shall transport. During the summer, Mother shall be responsible for all transportation. 7. 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. z BY THE COURT, s ey Oler, cc: e Adams, Esquire, counsel for Mother Brian J. Zygmun, pro se 22 Trine Avenue Mt. Holly Springs, PA 17065 .a cL BRIAN J. ZYGMUNT, Plaintiff V. JESSICA M. MILLER, Defendant JUL�2003 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-3513 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this Z day of "S u "� , 2003, upon consideration of the attached tustody Conciliation Report, it is ordered and directed as follows: 1. All prior Orders of Court, dated August 25, 2002, September 26, 2002 and October 15, 2002 are hereby vacated. 2. Mother's Petition for Contempt is hereby denied. 3. The Father, Brian J. Zygmunt, and the Mother, Jessica M. Miller, shall have shared legal custody of Ashton Joseph Zygmunt, born December 1, 2001. 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 his health, education and religion. 4. Father shall have primary physical custody of the Child. 5. Mother shall have periods of partial physical custody, which shall be exercised at the home of the Child's maternal grandmother, Judy Miller, as follows: A. Beginning July 26 and July 27, 2003 from 10:00 a.m. to 6:00 p.m. B. August 9 and August 10, 2003 from 10:00 a.m. to 6:00 p.m. C. Beginning August 22 through August 24, 2003 and alternating weekends thereafter from Friday at 6:00 p.m. to Sunday at 6:00 p.m. D. All custody shall be exercised at maternal grandmother's home unless Mother advises Father of the location, address and telephone number where the child can be reached if outside of the jurisdiction of Cumberland County. If the child is to be removed from the jurisdiction of Cumberland County, Grandmother shall accompany the Child. E. Such other times as the parties agree. 6. Neither party shall remove the Child from the jurisdiction without prior notice to the other party of the location, address and telephone number. 7. Thanksgiving: the parties shall share and alternate the Thanksgiving holiday. In odd numbered years, Mother shall have physical custody of the Child from 9:00 to 3:00 and in even numbered years, Mother shall have the Child from 3:00 p.m. to 9:00 p.m. Father shall have the Child in odd numbered years from 3:00 p.m. to 9:00 p.m. and in even numbered years Father shall have the Child from 9:00 a.m. to 3:00 p.m. 8. Christmas: the Christmas holiday shall be divided into two blocks. Block A shall run from Christmas Eve at 1:00 p.m. to Christmas Day at 1:00 p.m. Block B shall run from Christmas Day at 1:00 p.m. to December 26 at 1:00 p.m. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. 9. Easter: the parties shall share and alternate Easter Day from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall have the earlier time in even numbered years and the later time in odd numbered years. Mother shall have the earlier time in odd numbered years and the later time in even numbered years. 10. Memorial Day, July 4`11 and Labor Day shall be alternated by the parties with Father having Labor Day in 2003 from 9:00 a.m. to 9:00 p.m. In the event that Mother's alternating weekend schedule coincides with a Monday holiday, Mother shall extend her weekend by having the Child overnight on Sunday. 11. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 5:00 p.m. 12. The parties shall alternate Halloween at times agreed by the parties with Mother having odd numbered years and Father having even numbered years. 13. The parties acknowledge that a PFA Order was entered by consent by the Honorable George E. Hoffer dated November 6, 2002. The parties may communicate concerning custody and said reasonable communication shall not be a violation of the PFA Order. 14. Father and Mother will notify each other of all medical care the Child receives while in that parent's care. Father and Mother will notify the other immediately of medical emergencies which arise while the Child is in that parent's care. 15. Maternal grandmother shall transport the Child for a three month period. Thereafter, the parties shall agree to permit other licensed drivers to transport the Child. Said agreement shall not be unreasonably withheld. Only licensed and duly insured individuals shall transport the Child when in the custody of either party. 16. Mother shall notify Father within forty-eight hours of her period of custody if she intends to cancel her period of physical custody. 17. Neither party shall partake in illegal drugs or drink to the point of intoxication while the Child is in their custody. 18. This Order is entered pursuant to an 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, es ey Oler, ccKara W. Haggerty, Esquire, Counsel for Father Aaron Neuharth, Esquire, Counsel for Mother Rr - S c Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : No. gc,200c2 — 3573 CIVIL TERM -oa pi co • CIVIL ACTION - LAW :r 73 • • IN CUSTODY (r) —c> r- -c. c.) CRIMINAL RECORD / ABUSE HISTORY VERIFICATION c7-D) hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply Crime 18 Pa.C.S. Ch. 25 (relating to criminal homicide) Self Other Date of Sentence household conviction, member guilty plea, no contest plea or pending charges 18 Pa.C.S. §2702 ITT (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 (relating to kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) 18 Pa.C.S. §2903 (reBating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 relating to statutory sexual assault) E 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125 (relating to to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) E FT 18 Pa.C.S. §3129 (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) 18 Pa.C.S. §4304 elating o endan erin welfare of children) 18 Pa.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) E 18 Pa.C.S. §5903 (c) or or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312 r-- (relating to sexual abuse of children) 18 Pa.C.S. §6318 ET (relating to unlawful contact with minor) 18 Pa.C.S. §6320 (relating to sexual exploitation of childrenl 23 Pa.C.S. §6114 E. (relating to contempt for violation of Protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device VII■o*.V.1■■ 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that Apply A finding of abuse by a Children & Youth A enc similar a encv in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in Self Other household member Date another jurisdiction Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: th6e4A-4-14.4,1471— Cor 1 /eciy- Y-- - 4. If any conviction above applies to a household member, not a art state that person's nam , date of birth and relation hip to the child : 5. !f you are aware that the other party or members of the party's household has or have a criminal / abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. AMBER M. KANE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLV - ?�__, • 2002-3513 CIVIL ACTION LAW = --< cn r— t �' Ca BRIAN J. ZYGMUNT,JESSICA M.MILLER IN CUSTODY cD --a DEFENDANT —1 Cad ORDER OF COURT AND NOW, Thursday, May 01,2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M.Verney, Esq. , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Wednesday, May 28,2014 1:30 PM 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court(including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: Is/ Jacqueline M. Verney, Esq. pir 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. M Cumberland County Bar Association CCT t($ ' '`S.t� 32 South Bedford Street � m� Carlisle, Pennsylvania 17013 7! Telephone (717) 249-3166 J£.SS I' /'l t ad, AMBER M. KANE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-3513 CIVIL TERM BRIAN J. ZYGMUNT, -0-L-c JESSICA M. MILLER, : CIVIL ACTION - LAW rri Defendants cr) r : IN CUSTODY > < = ORDER OF COURT AND NOW, this / day of a , 2014, upon consideration of the attached Custody Cone iation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated January 20, 2010 and July 24, 2003 shall remain in full force and effect with the following modifications. 2. Step-mother, Amber M. Kane, shall have periods of partial physical custody of Ashton J. Zygmunt, born December 1, 2001, on alternating weeks from Sunday at 12:00 noon to Tuesday at 8:00 p.m., not to interfere with Mother's periods of physical custody. 3. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 4. This Order is entered pursuant to an 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, / #26 /1:411114,4P J. 41,\ i()) el 0\9 cctegory Hazlett, Esquire, Counsel for step-mother „Brian J. Zygmunt, pro se 22 Trine Avenue Mt. Holly Springs, PA 17065 ,Assica M. Miller, pro se 308 Grahams Woods Road Carlisle, PA 17015 AMBER M. KANE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-3513 CIVIL TERM BRIAN J. ZYGMUNT, JESSICA M. MILLER, : CIVIL ACTION - LAW Defendants : IN CUSTODY PRIOR JUDGE: Christylee L. Peck,J CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Ashton Joseph Zygmunt December 1, 2001 Father 2. A Conciliation Conference was held in this matter on June 10, 2014, with.. the following individuals in attendance: The step-mother, Amber M. Kane, with her counsel, Gregory Hazlett, Esquire, the Father, Brian J. Zygmunt, pro se, and the Mother,, Jessica M. Miller, pro se. 3. Prior Orders of Court were entered by the Honorable J. Wesley Oler, Jr. dated July 24, 2003 and January 20, 2010, providing for shared legal custody, Father having primary physical custody during the school year with Mother having alternating weekends and the parents sharing physical custody in the summer on a week on/week off schedule. The Honorable Christylee L. Peck entered an Order of Court dated February 26, 2014 authorizing step-mother to intervene in the matter. 4. The parties agreed to the entry of an Order in the form as attached. /0 / y - Date acql-line M. Verney, Esquire Custody Conciliator