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HomeMy WebLinkAbout05-6367 Date: 12/14/2005 Time: 10:51 AM Page 1 of 4 Filed: Subtype: Comment: Dauphin County Complete Case History Case: 1996-CV-2031-CU Donald N Zulli VS. Jennifer J Zulli "' ."- . 1 Ile. 0 s - 6JtJser: KRICKERT 4/23/1996 CustodyNisitation Physical File: Y Appealed: N Status History Transferred 12/8/2005 Judge History Date Judge Reason for Removal 12/31/2001 No Judge. Administrative 6/16/2005 Bratton, Bruce F. Current Plaintiff Name: Zulli. Donald N SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Silliker, Mark T (Primary attorney) Send Notices Defendant Name: Zulli, Jennifer J SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Register of Actions 4/23/1996 12/26/2001 1/18/2002 New Civil Case Filed This Date. Application for Leave to Proceed In Forma Pauperis is hereby granted, filed Petition to modify Order dated September 18, 1998, filed See Docket Book for prior entries. Upon consideration of the attached Complaint it is hereby directed that the parties and their respective counsel appear before Sandra Meilton, the Conciliator, on the 7th day of February 2002. at 830 , AM, in the Lawyers Lounge, 4th FLoor, Dauphin County Courthouse. Front and Market Streets. Harrisburg, Pennsylvania. for a Pre-Hearing Custody Conference. See Order of Court, filed. Is/Sandra L Meilton, Custody Conciliator. Filed 1-29-02 No Judge, No Judge, No Judge, No Judge, No Judge, Date: 12/14/2005 Time: 10:51 AM Page 2 of4 Dauphin County Complete Case History Case: 1996-CV-2031-CU Donald N Zulli vs. Jennifer J Zulli User: KRICKERT Register of Actions 1/24/2002 Affidavit of service of Order of Court dated January 18, 2002 and Petition to Modify Order dated September 128, 1998 upon plaintiff/respondent's counsel, filed 2/5/2002 Answer and counterclaim to petition to modify order dated September 18, 1998, filed 3/1/2002 ...the parents and their respective counsel having appeared for a custody conference on February 7, 2002 before the Conference Officer, Sandra L Meilton, Esquire and having reached agreement with regard to the best interests and welfare of their minor child, Nikolas J Zulli born September 23, 1993 it is hereby ORDERED and DECREED as follows: The Order entered by this Court on September 18, 1998 is modified as follows: 1. The parents shall share legal custody of Nikolas... .2. Primary physical custody of Nikolas shall be with Father Donald N Zulli. 3. MOther Jennifer J Zulli shall have partial physical custody of Nikolas in accordance with the following schedule: See Visitation Schedule, See complete Order 12. This matter shall be heard again by the conference officer on May 10. 2002 at 10:30AM at 111 North Front St, Harrisburg, PA 17101. Filed 3-1-02. copies to atty 2-28-02 4/23/2002 Upon consideration of the attached Complaint it is hereby directed that the parties and their respective counsel appear before Sandra L Meilton. the Concilator, on the 7th day of June 2002, at 1 :30. P.M, at law offices of Tucker Arensberg and Swartz, 111 North Front St., Harrisburg. PA for a Pre-Hearing Custody Conference. See Order of Court, filed /s/ Sandra L Meilton, Custody Conciliator. Filed. copies to conciliator 4-23-02 6/12/2002 Upon consideration of the attached Complaint it is hereby directed that the parties and their respective counsel appear before Sandra L Meilton, the Conciliator. on the 26th day of July 2002, at 830. AM, in the Lawyers Lounge. 4th FLoor, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsyivania, for a Pre-Hearing Custody Conference. See Order of Court, filed. Is/Sandra L Meilton, Custody Conciliator. filed, copies to atty 6-12-02 No Judge, No Judge. Hoover, Todd A No Judge, No Judge, Register of Actions 7/2512002 Upon consideration of the attached Complaint it is hereby directed that the parties and their respective counsel appear before Sandra L Meilton , the Conciliator, on the 13th day of September 2002, at 9:30 , AM, in the Lawyers Lounge, 4th FLoor, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania. for a Pre-Hearing Custody Conference. See Order of Court, filed. IslSandra L Meilton, Custody Conciliator. Filed 7-25-02 10/16/2002 ...the parents and their respective counsel having appeared for a custody conciliation conference on September 13, 2002, before the conference Officer Sandra L Meilton Esquire and having reached agreement with regard to the best interest and welfare of their minor chid, Nikolas J Zulli born September 23, 1993 it is hereby ORDERED and DECREEd as follows: 1. Joseph E Dreiss PhD is hereby appointed by the Court to provide therapeutic family counseling to the parties and Nikolas. 2. Any noncovered medical expenses incident to the counseling shall be shared equally by the parties. 3. Pending the result of the custody evaluation the parties shall maintain the status quo with regard to physical custody of the Nikolas as it is set forth in the court Order dated February 27, 2002. Filed, copies to atty 10-17-02 Petition for Transfer of Venue, filed Judge assigned to case. Upon consideration of Defendant's Petition for Transfer of Venue, a RULE is hereby ISSUED upon Plaintiff to show cause, if any he has. why the relief requested in such Petition should not be granted. Rule returnable 14 days from date of service of this Rule upon Plaintiff by counsel for Defendant. See RULE filed. Motion to Make Rule Absolute, filed Upon motion of MidPenn Legal Services by ALexandra N. Corcoran, Certified Legal Intern, and Harry L. Witte. SuperviSing Attorney. said motion is granted. The rule we issued herein June 22, 2005, is made absolute, and the Prothonotary is directed to transfer the file in this matter to the Court of Common Pleas for Cumberland County, Pennsylvania. See ORDER filed. Copies Dlst. 7-14-05. 12/8/2005 The above action transferred to the Court of Common Pleas of Cumberland County. ....NO MORE ENTRIES CASE TRANSFERRED.... TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Date: 12/14/2005 Time: 10:51 AM Page 3 of 4 6/1512005 6/16/2005 6/22/2005 7/712005 7/14/2005 Dauphin County Complete Case History Case: 1996-CV-2031-CU Donald N Zulli vs. Jennifer J Zulli User: KRICKERT No Judge, Hoover, Todd A. No Judge, Bratton, Bruce F. Bratton, Bruce F. Bratton, Bruce F. Bratton, Bruce F. Bratton. Bruce F. Bratton, Bruce F. Date: 12/14/2005 Time: 10:51 AM Page 4 of 4 Dauphin County Complete Case History Case 1996-CV-2031-CU Donald N Zulli vs. Jennifer J Zulli User: KRICKERT I hereby certify that the foregoing is a true and correct copy of the original filed. Prothonotary/Clerk of Courts DEe 1 4 2005 , her~y Ciltify V1a! t.~e for~oJn{i'i6a true .. <:orrlQ liCJI:'Y ~ ortginal ... (!.. ~-- v. OS - k.31.. '1 (lit.), t lburL U !I;'/() 5 ~~ CODles Distributed I'N THE COURT OF COMMON PLEAS Date DAUPHm~SYLVANIA NO.2031CVI996IMAGt:t, DONALD N. ZULLI, Plaintiff JENNIFER CHRISTOPHER, Defendant CIVIL ACTION - CUSTODY ~) .;.,,.;- C' '.1 ",. rq ";l~ :.r:. ~\>c ....., "'" = en ,- c::: r'- ;"'-, ""("n! ;', .1z .t:.~ ORDER c we =~J:: ~, (....) "r- - ., AND NOW, this ~ day of July, 2005, upon motion of MidPenn Legal Se~ices]l:y Alexandra N. Corcoran, Certified Legal Intern, and Harry L. Witte, Supervising Attorney, said motion is granted. The rule we issued herein June 22, 2005, is made absolute, and the Prothonotary is directed to transfer the file in this matter to the Court of Common Pleas for Cumberland County, Pennsylvania. BY THE COURT: Distribution: The Honorable Bruce F. Bratton Harry L. Witte, Esquire, MIDPENNLEGAL SERVICES, 213-A North Front Street, Harrisburg, P A 17101 Donald N. Zulli, 125 Columbia Road, Enola, P A 17025 Jennifer Christopher, 257 S. Pitt Street, Carlisle, P A 17013 DEe 't ~", ~"'-d 1-/)--:-.........)."....-.--..-......- " n-,,'J ."C''-' .; i' ",-" "r,' "',,. fi.("~f ',." ",'-'.'. ~i'-;. ,.,:; i.,."';iilQ IG a ~t":i",", ." ,",. .;, ,,','_ ,,", ':"'" ,';;;.", .., . .,' . li-.n _.1I..~.A,,)~;1-..L :...'.:, _.;, ~!jtJ (?"iI~ll f"..' .".. '"".~. rmC. tt (I,;' 'J 1 . "'i:-,'"!",p",,;.j, /~ ' ,,; .:::::.". ..:~.___:;;::.. ,:.f:H~.;'::::!:t,,) PrOlht)nOrnrl \1 MiA(3E[) DONALD N. ZULLI, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN, PENNSYLVANIA v. NO. JENNIFER J. ZULLI, Defendant CIVIL ACTION - LAW CHILD CUSTODY NOT ICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. 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. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 FOOd 4\Y?' \()/ ~ .ID~~~ Stephen E. Fadl'ltio ~------ ",JF" PlOthopotarV ~., .,,.~JA.~~~i.iill~ltL~ , , DONALD N. ZULLI, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v. NO. S JENNIFER J. ZULLI, Defendant CIVIL ACTION - LAW CHILD CUSTODY COMPLAINT FOR CHILD CUSTODY AND NOW comes the Plaintiff, Donald N. Zulli, by and through his attorney, Mark T. Silliker, and respectfully requests this Honorable Court award him custody of the subject minor child, and in support thereto, avers the following: 1. Plaintiff is Donald N. Zulli, an adult individual residing at 268 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania. 17025. 2. Defendant is Jennifer J. Zulli, an adult individual believed to be residing at 5110 Arney Road, Harrisburg, Dauphin County, Pennsylvania. 17111. 3. The subject child is Nikolas J. Zulli, born September 23, 1993. 4. The relationship of the Plaintiff to the subject minor child is that of natural father. 5. The relationship of the Defendant to the subject minor child is that of natural mother. 6. The minor child has resided at the following addresses, in the custody of the following individuals: a. From September 26, 1993 to October 10, 1995, the subject minor child resided with Plaintiff Donald N. Zulli and Defendant Jennifer J. Zulli at 268 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania. 17025. b. From October 11, 1995 to December 10, 1995, the subject minor child resided with Defendant Jennifer J. Zulli and her paramour Christopher O. Allen, as well as her paramour's parents, at 5110 Arney Road, Harrisburg, Pennsylvania. 17110. c. From December 10, 1995 to April 18, 1996, the subject minor child resided with Jennifer J. Zulli and Christopher O. Allen at 163 Joya Circle, Harrisburg, Dauphin County, Pennsylvania. 17101. d. From April 18, 1996 to present, the subject minor child has resided with Plaintiff Donald N. Zulli at 268 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania. 17025. 7. There has been a prior action for custody of the subject minor child in Cumberland County. That action was filed on October 18, 1995, and was indexed to Civil Term 5507-95. The parties did reach an agreement before the Cumberland County Custody Conciliator, and said Order is attached hereto and marked Exhibit "A". 8. The child has resided in Dauphin County for a period in excess of 6 months. Additionally, it is anticipated that at least two Lower Paxton Township Police Detectives, one Children and Youth Social Worker, as well as a child psychologist, will testify on behalf of the Plaintiff, and it is further set forth that all of these individuals work in Dauphin County. Additionally, the Defendant lives in Dauphin County, Plaintiff lives in Enola, and counsel for both parties are from Dauphin County. It is respectfully submitted that Dauphin County is the most appropriate venue in which to try this custody case. 9. The Plaintiff is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor child. 10. The Plaintiff believes, and therefore avers that he is much better able to meet the needs of the subject minor child than the Defendant. Specifically, the Defendant has exposed the subject minor child to individuals who have subjected him to physical abuse, and she has consistently exposed him to an environment which is less than healthy or ideal. By contrast, the Plaintiff can provide a much healthier and wholesome environment for the subject minor child. 11. The Plaintiff believes, and therefore avers that it is in the best interest of the subject minor child that he be placed in his legal and physical custody. WHEREFORE, Plaintiff requests this Honorable Court award him custody of the subject minor child. '11) >/1/ Respectfully bmitted, ~. .. /./ .' . / ..../ // .:;~&--..-.", ~//~ / Mark . Silliker, Esquire 204 state street Harrisburg, PA 17101 (717) 233-1000 I.D. No.: 33671 Date: Attorney for Plaintiff A F F I D A V I T I, Dxu.\d N. 7LiII~jr-; hereby , certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 19 Pa. C.S. 4904 relating to unsworn falsification to authorities. Dated: L/ /&~ I q(y 1 -tf;""//.1/0/1/ . \..../ EXHIBIT "A" JENNIFER J. ZULLI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DONALD N. ZULLI, Defendant CIVIL ACTION - LAW NO. 95-5507 CIVIL TERM CUSTODY ORDER AND NOW, this It, day of -=rJ ~~ , 1995, upon receipt of - the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. Legal custody of the minor child, Nicholas A. Zulli, d.o.b. 23 September 1993, is shared by the parties. 2. Primary physical custody of the minor child shall be with Mother subject to periods of partial custody and visitation with Father as follows: A. Alternating weekends from Friday at 8:30 a.m. until Sunday at 7:00 p.m. B. On all other Fridays from 8:30 a.m. until 4:00 p.m. C. Every Tuesday from 8:30 a.m. until 4:00 p.m. The drop off for the Friday and Tuesday visitation shall be at the maternal grandmother's house, Patsy Sola. 3. The parties will alternate the following holidays: Thanksgiving, New Year's Day, Easter, Memorial Day, Fourth of July, and Labor Day. These six holidays will be divided into two equal sets, the first set including Thanksgiving, Easter, and Fourth of July, and the second set including New Year's Day, Memorial Day, and Labor Day. Mother will have the first set beginning with Thanksgiving, 1995, and Father will have the second set beginning with New Years Day, 1996. The parties will then alternate these sets on a year-to-year basis. 4. The Christmas holiday will be divided into two segments. The first segment will be from 23 December at noon until Christmas Day at noon. The second segment will be from Christmas Day at noon until Christmas Day at 8:00 p.m. Mother will have the first segment in 1995. Father will have the first segment every third year thereafter. 5. Mother will have the minor child on Mother's Day and Father will have the minor child on Father's Day. This schedule will take precedence over any other schedule. 6. Father will be provided with three non-consecutive weeks over the summer months. Father is to provide Mother with notice of those three weeks by 1 May of each year. 7. The parties will share time on the minor child's birthday. It is the intention of this Order that the parties work out an arrangement - so that each of them are given some time at or near the minor child's birthday to celebrate his birthday. BY THE COURT, /5/ ~L i3-~rJ J. Richard S. Friedman, Esquire Attorney for Plaintiff Mark Thomas Silliker, Esquire Attorney for Defendant mlb '" :t" r-":;~<t".,_~1 r'lr:rrnF'll;) ,l'. .VI 1'.~~"'",'....J~.~...., ., " I , ur:!o s(~r rd'!, hand i '.;( I ; ',_,,-;,:-I;s!'~1 p,). lLc/'7YL ,; 'rtO'V:'HH' 19H9.s.- ........._....~~~,~j~t>M........ JENNIFER J. ZULLI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DONALD N. ZULLI, Defendant CIVIL ACTION - LAW NO. 95-5507 CIVIL TERM CUSTODY JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts) CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-B(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Nicholas A. Zulli 23 September 1 993 Plaintiff IMother 2. A Conciliation Conference was held on 9 November 1995, and the following individuals were present: the Plaintiff and her attorney, Richard S. Friedman, Esquire; the Defendant appeared with his attorney, Mark Thomas Silliker, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: None. 1 . 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child: Neither party requested and the Conciliator does not believe separate counsel is needed. 8. Need for independent psychological evaluation or counseling: Neither party requested and the Conciliator does not believe it is necessary. Date: 13 November 1995 I~mlchld Michael L. Bangs Custody Conciliator .b~/ 6 2 .. 4. tv A+~ 4-. 2-~ . 9y, ~MAGE[) DONALD N. ZULLI, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v. NO . f)oJ I S 91.. JENNIFER J. ZULLI, Defendant CIVIL ACTION LAW CHILD CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear in person in the Lawyer's Lounge, Fourth Floor, Dauphin County Courthouse, Front and Market Streets, Harrisburg, pennsylvania on April 25. 1996 at 1:30 o'clock ~/p.m. for a Custody Conciliation 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. All children age five or older may, at the request of either attorney or party, be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. Both parents are further ORDERED to attend a seminar entitled "Seminar for Separating Parents". The Plaintiff is scheduled to attend on \.\lITh Y\'\"-'1 I" ~,1~% ,o.t (,''',Oe'". The Defendant is scheduled to attend on <;",. M"'q 'i, .'Nto I <t.t ~,~o /\"'. Any requests for -'J', rescheduling must be directed to Inner Works, 4415 North Front street, Harrisburg, PA 17110, (717) 236-6630, and will be granted only upon cause shown. (See attached instructions and Inner Works' brochure with registration form.) FAILURE TO APPEAR AT THE SEMINAR AS SCHEDULED OR FAILURE TO REGISTER AND COMPLETE THE PROGRAM WILL BE BROUGHT TO THE ATTENTION OF THE COURT AND MAY RESULT IN A FINDING OF CONTEMPT AND THE IMPOSITION OF SANCTIONS BY THE COURT. If you fail to appear as provided by this Order, an Order for custody may be entered against you or the Court may issue a warrant for your arrest. 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. Dauphin County Lawyer Referral Service 213-A North Front Street Harrisburg, PA 17101 (717) 232-0581 BY THE COURT: DATE: 4-;J..3-CJif ~. t. &!;" c... Custody Concrlrator Dr :(/ J ' IMAGED DONALD N. ZULLI, plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v. NO. 2031 S, 1996 JENNIFER J. ZULLI, Defendant CUSTODY/VISITATION AMENDED ORDER OF COURT AND NOW, it is hereby directed that the parties and their respective counsel appear before Sandra L. Meilton, Custody Conference Officer, on the 23rd day of Mav , 1996, at 8:30 a.m. on the 4th Floor, Dauphin County Court House, Front and Market Streets, Harrisburg, Pennsylvania, 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. All children age five or older may, at the request of either attorney or party, be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, Date of Order: 5/14/96 By: Custody Conference Officer YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. The Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 Telephone No. (717) 232-7536 -) i:~~- -, C..J CD' Ul Cj") t..O en > J ~ "'~.l:d"'''''''' IMAGED C.fu~~ Submitted: 6/5/96 /"-II.q{ ORDER ,... Date SLM DONALD N. ZULLI, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v. NO. 2031 S, 1996 JENNIFER J. ZULLI, Defendant CIVIL ACTION - LAW CUSTODY INSTRUCTIONS C? ");>- c: <.- = "" -., '. - - ',....-....'.' 1 ; - ~'~ x Case settled - See attached Order -U ';""'C ("n':,':;, -",." .' ~ ,~ :. ,-'-'; N ..... -.1 .-" = . ....~. ?,..~., \-('; :"'i -;:,~" c:;- 7 . ;;0 -< Case continued Case not settled -< - ~ No Interim Order See attached Interim Order Assign to Judge Reassign to Judge ,. f, IC~' ~I'- ., , DONALD N. ZULLI, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v. NO. 2031 S, 1996 JENNIFER J. ZULLI, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, to wit, this ~~ day of -- c\. \J-v-... ~ 1996, the parents and their respective counsel, having appeared for a Mediation Conference on May 23, 1996, before the Conference Officer, Sandra L. Meilton, Esquire, and having reached agreement with regard to the best interests and welfare of their minor child, Nikolas J. Zulli, born September 23, 1993, it is hereby ORDERED AND DECREED as follows: 1. Legal and physical custody of Nikolas shall be shared between the parents on a four day alternating rotation with Mother's four day segment beginning on Thursday, May 23, 1996 at 7:00 p.m. and continuing until 7:00 p.m. on May 27, 1996. Father's four day alternating custodial period will begin at 7:00 p.m. on May 27, 1996 and shall continue through 7:00 p.m. on June 1, 1996. The parents shall continue to alternate custody on this basis until another Mediation Conference is held. 2. Christopher Allen shall at no time be present when Nikolas is in Mother's custody. ~' /" 3. Father's girlfriend shall not accompany Father when he picks up Nikolas. 4. The parent obtaining custody of Nikolas shall be responsible for picking him up at the other parent's residence. S. This Order is being entered on a trial basis without prejudice to either parent's position that he/she is the more appropriate primary physical custodian. 6. The parents shall continue counseling with Bonnie L. Howard, M.A. and the offices of Riegler, Shienvold and Associates in an effort to determine an appropriate custodial schedule for Nikolas. 7. This matter shall be heard again by the Custody Conference Officer on the 23rd day of Julv , 1996, at 9:30 a.m. on the 4th Floor, Dauphin County Court House, Front and Market Streets, Harrisburg, Pennsylvania. B J. ~ t.\._4 ;:J, ~O ~,~- :,,\.j ~ - ~ .- .... N - - C':~ :::e ..:;;; )- ;?"-,~ ~ -::.. a). ",,,~ '"\J..,; " 0.- '0- :::l #~ Cl ~ .., ~"'" --........ \'V -- --~- -""-- 6P_,"C! " . IMAGED DONALD N. ZULLI, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v. NO. 2031 S, 1996 JENNIFER J. ZULLI, Defendant CUSTODY/VISITATION ORDER OF COURT AND NOW, it is hereby directed that the parties and their respective counsel appear before Sandra L. Meilton, Custody Conference Officer, on the 4th day of September ,1997, at 11:30 a.m. on the 4th Floor, Dauphin County Court House, Front and Market Streets, Harrisburg, Pennsylvania, 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. All children age five or older may, at the request of either attorney or party, be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, Date of Order: 8/27/97 By: Custody Conference Officer YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. The Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 Telephone No. (717) 232-7536 c;:. .., l~ to.; L1.' C.> ::. L':~), - ~MAGED Certificate of Compliance Name: '- ~_QQI if r 2' I ) J J j Docket # ~Y'Y3 \ - 5 ~QLp Action o Divorce ,--------:==--.. (/0 C.!!S!9.dY-/' o Court Order o Voluntary o Refera1 Date Ordered TvDe party '/~Defenll~ . '---- / o Plaintiff o Petitioner/Defendant o Respondant/Plaintiff o Third Party I I Date ofComp1iance OJ I U--II {( ( ;) Innerworks 4415 North Front Street Harrisurg, P A 17110 717-236-2616 (L~~ Signed: ~MAGED Certificate of Compliance \ Name: C,f i /(,,- l ( II /1 ( Docket # J] \)1 i '~ ' ( Il ( ell Action o Divorce '- _~~~~t~ ,.' o Court Order o Voluntary o Refera1 1'vPe party o Defendant <_=__=0 I'IA~~tiff.. . o Petitioner/Defendant o RespondantIPlaintjff o Third party Date Ordered / I Date of Compliance (1)/ ( ) / (d ( mllerworks 4415 North Front Street Harrisurg, P A 17110 717-236-2616-e./'I~' ,'. .J'''V~ .I ~ , Signed: .... Date Submitted: 10/15/97 SLM ORDER . Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA DONALD N. ZULLI v. NO. 2031 S, 1996 JENNIFER J. ZULLI, Defendant CIVIL ACTION - LAW CUSTODY/VISITATION INSTRUCTIONS Case continued X Case settled - See attached Order Case not settled No Interim Order See attached Interim Order Assign to Judge IMAGED Reassign to Judge I'n/;-:> /-'';)--'.. L/< -- ,--, .. DONALD N. ZULLI, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v. NO. 2031 S, 1996 JENNIFER J. ZULLI, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, to wit, this 1711. day of /htb-r- 1997, the parents and their respective counsel, having appeared for a Custody Conference on September 4, 1997, before the Conference Officer, Sandra L. Meilton, Esquire, and having reached agreement with regard to the best interests and welfare of their minor child, Nikolas J. Zulli, born September 23, 1993, it is hereby ORDERED AND DECREED as follows: 1. The parents shall share legal custody of Nikolas and each parent shall consult with the other concerning all major decisions affecting Nikolas, including but not limited to, health, education and religion. 2. Primary physical custody of Nikolas shall be with Father, Donald N. Zulli. , , physical schedule: 3. Mother, Jennifer custody of Nikolas in J. Zulli, accordance shall with have partial the following a. Beginning Thursday, September 4, 1997, and on alternating weekends thereafter, from Thursday at 7:00 p.m. through Monday at 8:00 a.m. (or drop Nikolas off at Tender Years no later than 8:30 a.m. as noted in Paragraph 4 below). b. Beginning September 9, 1997, and on every Tuesday thereafter, from 8:00 a.m. through 3:30 p.m. or when Father returns home from work, whichever occurs later. Mother will pick Nikolas up at Father's residence and Father shall pick Nikolas up at Mother's residence at the end of his work day. c. Beginning September 11, 1997, and on every Thursday thereafter, from 8:00 a.m. through 3:30 p.m. or when Father returns home from work, whichever occurs later. Mother will pick Nikolas up at Father's residence and Father shall pick Nikolas up at Mother's residence at the end of his work day. 4. Absent an agreement of the parties or Court Order to the contrary, Nikolas shall continue in the Tender Years Daycare program. The custodial parent shall have the responsibility for transporting Nikolas to Tender Years no later than 8:30 a.m. on his days of attendances, which at present are Monday, Wednesday and Friday. Mother shall pay the majority of the expenses of the program with Father's sole liability being an amount equal to 50% of the cost of a comparable program at the Linglestown Daycare Center investigated by Father. 5. The parents will alternate the following major holidays: New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day, Trick or Treat Night and Thanksgiving. The custodial period shall run from 10:00 a.m. through 6:00 p.m. with the exception of Treat or Treat Night which shall be from after school until 8:30 p.m. The schedule shall begin with Father having Trick or Treat Night, 1997. 6. The Christmas holiday shall be divided into two Segments. Segment A shall be December 24 at 3:00 p.m. through December 25 at 3:00 p.m. Segment B shall be December 25 at 3:00 p.m. through December 26 at 3: 00 p.m. Commencing with December 1997, Father shall have custody during Segment A and Mother during Segment B. Thereafter, the parents shall alternate custody of Nikolas in accordance with the Segments. \ 7. Father shall have custody of Nikolas on Father's Day from 10:00 a.m. through 6:00 p.m. and Mother shall have custody of Nikolas on Mother's Day from 10:00 a.m. through 6:00 p.m. 8. Mother shall be entitled to three (3) one (1) week extended custodial periods with Nikolas over the summer months. The one (1) week periods shall not be taken consecutively. It is understood that a week is defined as seven (7) days which must include the parent's regularly scheduled custodial weekend. Mother shall provide Father with notice of her intention to exercise the extended custodial period by May 1 of each year. It shall be understood that, despite the May 1 notice requirement, the first parent to advise the other of his/her vacation schedule shall preclude the other parent from selecting that same time. Nikolas' 9. The birthday. parties shall share September 23 which is It is the intention of this Order that the parties work out an arrangement so that each of them has some time with Nikolas on the 23rd of September. 10. In the event that either parent finds it necessary to use a third party care provider for Nikolas, that parent shall offer the other parent the right of first refusal with regard to providing daycare. . / \ 11. Absent an emergency, the parties shall take steps to assure that neither Father's girlfriend nor Mother's boyfriend are in the car when the transfer of custody occurs. 12. Nikolas shall not be left alone with Mr. Pope, Mother's previous boyfriend. 13. It is understood and stipulated by the parents that, upon their mutual agreement, an expanded or altered schedule may be agreed between the parents for and in the best interests of Nikolas. BY J. 7~711f.IJ.~~ ~-= .'8n ).\ ':0 "!:>."!:>. 1.. ~,~ . . \." . (,Lo " :'\ \~~ \,;-- \ "." ^ \) OONALD N. ZULLI, Plaintiff Copie~ -tb I+N Date Submitted: 10/31;96 \ I Y SLM ORDER Il I q(P IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA . , . IMAGED v. NO. 2031 S, 1996 JENNIFER J. ZULLI, Defendant CIVIL ACTION - LAW CUSTODY/VISITATION INSTRUCTIONS X Case settled - See attached Order Case continued - 2.j- .....; Case not settled No Interim Order See attached Interim Order <.\J c..~ <v Assign to Judge ;:-~ c..;; _".0 C",, Reassign to Judge , - . DONALD N. ZULLI, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v. NO. 2031 S, 1996 JENNIFER J. ZULLI, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, to wit, this y day of A~~ 1996, the parties and their respective counsel, having appeared for a Mediation Conference on July 23, 1996, before the Conference Officer, Sandra L. Meilton, Esquire, and having reached agreement with regard to the best interests and welfare of their minor child, Nikolas J. Zulli, born September 23, 1993, it is hereby ORDERED AND DECREED as follows: 1. Arnold T. Shienvold, Ph.D. of Riegler, Shienvold and Associates is hereby appointed by the Court to perform a custody evaluation of the parties and their minor child, Nikolas, and to make a recommendation as to an appropriate custodial arrangement for Nikolas. 2. The expense of Dr. Shienvold's evaluation shall be shared equally by the parties. . 3. Pending the results of the custody evaluations, the parties shall continue to follow the Order of Court dated November 16, 1995 with the following modifications: a. Paragraph 2 of the Order of Court shall be amended to read as follows: 2. Primary physical custody of the minor child shall be with Mother subject to periods of partial custody and visitation with Father as follows: A. Beginning on Friday, August 2, 1996, and on alternating weekends thereafter, from Friday at 2:30 p.m. through Monday at 8:00 a.m. B. Beginning on Wednesday, July 31, 1996, and every Wednesday thereafter, from 2 :30 p.m. (or the end of Father's work day) through Thursday at 8:00 a.m. b. The parent obtaining custody shall be responsible for picking Nikolas up. c. A new paragraph 8 shall be added to the Order of Court as follows: Absent an emergency, transportation for the purposes of transferring custody shall be provided by only Mother, Father, maternal grandmother or paternal grandmother. d. In all other respects, the Order of Court dated November 16, 1995 remains in full force and effect until further modification in writing by the parents or by Order of Court. 4. Upon completion of the custody evaluations, if either party feels the need for another Conference or a full hearing on this matter, that party shall be responsible for requesting same. All such requests shall be made, in writing, to the Conferece Officer who originally heard this matter. J. c:::) ""' - ,...,."':;;-;: C' (":\ (c..' "", >.,,",,,- ~- .r-, ------------ IMAGED .. _lJIoI~~~5:.t2afY7 cfl)' . '-', . .', .e fVj [r1"?l . , ...,'".. '" - ,.,' '1:;'1.': VI)' . ~,€~:" '''U' >; " .'~' . ~...;Mt*~:,:;-:,l';;::'~~ ~ DONALD N. ZULLI, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA v. NO. 2031 S 1996 JENNIFER J. ZULLI, Defendant IN CUSTODY DEFENDANT'S PETITION TO MODIFY CUSTODY ORDER AND NOW, comes Defendant, Jennifer J. Zulli, by and through her attorneys, MARTS ON, DEARDORFF, WILLIAMS & OTTO, and avers as follows: I, A Custody Complaint was filed pursuant to which a Conciliation Conference was held on September 4, 1997. 2. At the Conciliation Conference, certain custody arrangements were agreed upon by both parties and an Order was entered on October 17, 1997, a copy of which is attached hereto and marked as Exhibit "A". 3, Since the entrance of said Order, Defendant, for financial reasons, has terminated Nikolas' attendance at Tender Years Day Care; therefore, the daycare payments need to be terminated. 4, Nikolas will be starting kindergarten this fall, and new custody times need to be established prior to the school year. 5. Additionally, specific provisions are needed regarding telephone access, the exchange of information and the right of both parties to participate in the child's school and other activities. WHEREFORE, Defendant prays Your Honorable Court to reappoint the Custody Conciliator to consider the above changes in the original Order. MARTSON DEARDORFF WILLIAMS & OTTO By j" ~) ~Jl, ~ Thomas J. Willfams, Esquire Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Defendant Date: July 2, 1998 EXHIBIT: ~/ DONALD N. ZULLI, Plaintiff IN THE COURT OF COMMON ,PLEAS DAUPHIN COUNTY, PENNSYLVANIA v. NO. 2031 S, 1996 JENNIFER J. ZULLI, Defendant / CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, to wit, this /7~ day of G1~~ 1997, the parents and their respective counsel, having appeared for a Custody Conference on September 4, 1997, before the Conference Officer, Sandra L. Meilton, Esquire, and having reached agreement with regard to the best interests and welfare of their minor child, ~ikolas J. Zulli, born September 23, 1993, it is hereby ORDERED AND DECREED as follows: 1. The parents shall share legal custody of Nikolas and each parent shall consult with the other concerning all major decisions affecting Nikolas, including but not limited to, health, education and religion. 2. Primary physical custody of Nikolas shall be with Father, Donald N. Zulli. 3. Mother, Jennifer J. Zulli, shall have partial physical custody of Nikolas in accordance with the following schedule: /a. Beginning Thursday, September 4, 1997, and on alternating weekends thereafter, from Thursday at 7:00 p.m. through Monday at 8:00 a.m. _(or drop Nikolas off at Tender Years no later than 8:30 a.m. as noted in Paragraph 4 below). b. Beginning September 9, 1997, and on every Tuesday thereafter, from 8:00 a.m. through 3:30 p.m. or when Father returns home from work, whichever occurs later. Mother will pick Nikolas up at Father's residence and Father shall pick Nikolas up at Mother's residence at the end of his work day. c. Beginning September 11, 1997, and on every ./ Thursday thereafter, from 8:00 a.m. through 3:30 p.m. or when Father returns home from work, whichever occurs later. Mother will pick Nikolas up at Father's residence and Father shall pick Nikolas up at Mother's residence at the end of his work day. 4. Absent an agreement of the parties or Court Order to the contrary, Nikolas shall continue in the Tender Years Daycare program. The custodial parent shall have the responsibility for transporting Nikolas to Tender Years no later than 8:30 a.m. , on his days of attendances, which at present are Monday, Wednesday and Friday. Mother shall pay the majority of the expenses of the program with Father's sole liabi~ity being an amount equal to 50% of the cost of a comparable program at the Linglestown Daycare Center investigated by Father. 5. The parents will alternate the following major holidays: New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day, Trick or Treat Night and Thanksgiving. The custodial period shall run from 10:00 a.m. through 6:00 p.m. with the exception of Treat or Treat Night which shall be from after school until 8:30 p.m. The schedule shall begin with Father having Trick or Treat Night, 1997. 6. The Christmas holiday shall be divided into two Segments. Segment A shall be December 24 at 3: 00 p. m. through December 25 at 3:00 p.m. Segment B shall be December 25 at 3:00 p.m. through December 26 at 3:00 p.m. Commencing with December 1997, Father shall have custody during Segment A and Mother during Segment B. Thereafter, the parents shall alternate custody of Nikolas in accordance with the Segments. 7. Father shall have custody of Nikolas on Father's Day from 10:00 a.m. through 6:00 p.m. and Mother shall have custody of Nikolas on Mother's Day from 10:00 a.m. through 6:00 p.m. 8. Mother shall be entitled to three (3) one (1) week extended custodial periods with Nikolas over the summer months. The one (1) week periods shall not be taken consecutively. It is understood that a week is defined as seven (7) days which must include the parent's regularly scheduled custodial weekend. Mother shall provide Father with notice of her intention to exercise the extended custodial period by May 1 of each year. It shall be understood that, despite the May 1 notice requirement, the first parent to advise the other of his/her vacation schedule shall preclude the other parent from selecting that same time. 9. The parties shall share September 23 which is Nikolas' birthday. It is the intention of this Order that the parties work out an arrangement so that each of them has some time with Nikolas on the 23rd of September. 10. In the event that either parent finds it necessary to use a third party care provider for Nikolas, that parent shall offer the other parent the right of first refusal with regard to providing daycare. 11. Absent an emergency, the parties shall take steps to assure that neither Father's girlfriend nor Mother's boyfriend are in the car when the transfer of custody occurs. 12. Nikolas shall not be left alone with Mr. Pope, Mother's previous boyfriend. 13. It is understood and stipulated by the parents that, upon their mutual agreement, an expanded or altered schedule may be agreed between the parents for and in the best interests of Nikolas. . BY THE COURT: 5/~ /IIdr&L r J. (O- ~ 4.1-=~~ I t"",,~~' ,,~.''! ,n?-t U,\ h;(:';1!iii'\<' .1 tP~~;~ ~:'.\,:: -<~:,~~c'...t tJ:'(;'''!'''l~'! HH.t O/j~Jr;',l:.:;i ".. ';\~"f,i,Lj) C,. )~()~wJ,", ..)1.....,'-- r_. p~;thdno\ary 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 document and to the extent that it 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. ~~.;. ~' )8 - ~ Q I ) e ifer K. 11i -' CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson, Deardorff, Williams & Otto, 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, P A, first class mail, postage prepaid, addressed as follows: Max J. Smith, Jr., Esquire JAMES, SMITH & DURKIN P.O. Box 650 Hershey, PA 17033 MARTSON DEARDORFF WILLIAMS & OTTO f13Y:];utM () , ~cia D. Eckenroad Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 /', t(~}z(jJ Date: July 2, 1998 "" elf I LES".lj,)A; AFlLE\GENDOC<l8",9456-CQM. lltdc Crealed: 04i03i91103:32:24 PM Revised: 07/0219804:01:34 PM IM/\GCt,C,! 1,~,4"'" . ' DONALD N. ZULLI, JR, Plaintiff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA v, NO, 2031 S 1996 JENNIFER J. ZULLI, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3/5 >'-day of :::rc; 1'1. ' 191[: upon consideration ofthe attached Complaint, it is hereby, directrd that the parties and their respective, counsel appear before St<I1JIC" L. VY/e; liCr. ,theconclhator,at 4 f-h FlH'~, [:"'VA,,,, !1UI1') G.",+ tf-.".s~ on the f t"'day of S' el'-Ierr) be!l.. , 19'1f, at '1~ '3;> /I .m. 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator ~~ The Court of Common Pleas of Dauphin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. AU 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. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 Telephone: 717-232-7536 ;ii'I,AP\GE[) Date SUbmitted:q>I/>cr? SLM ORDER IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2031 S, 1.9L9A6w Copi~l~l~ CIVIL ACTION 0 CUSTODY DONALD N. ZULL [ , ol3.iLt Lff v. JENNIFER J. ZUJ,],I" lJefenJilnt IKSTRUCTIONS xx Case settled - See attached Order '8 Case continued ~ Case not settc: e3. No ]n=erim Crder t"';? "';A t.r' ...~ (jJ See a'ctached Interim Order Assign to Judge Reass~gn :0 Judge " DONALD N. ZULLI, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v. NO. 2031 S, 1996 JENNIFER J. ZULLI, Defendant CIVIL ACTION . LAW CUSTODY AND NOW, to wit, ORDER OF COURT Chi" ~ day of "My-- their respective counse , havlng appeared for 1998, the parents and a Custody Conference on September 8, 1998, before the Conference Officer, Sandra L. Meilton, Esquire, and having reached agreement with regard to the best interests and welfare of their minor child, Nikolas J. Zulli, born September 23, 1993, it is hereby ORDERED AND DECREED as follows: 1. The parents shall share legal custody of Nikolas and each parent shall consult with the other concerning all major decisions affecting Nikolas, including but not limited to, health, education and religion. 2. Primary physical custody of Nikolas shall be with Father, Donald N. Zulli. 3. Mother, Jennifer J. Zulli, shall have partial physical custody of Nikolas in accordance with the following ( " schedule: <::0 a. Beginning on Thursday, September 17, 1998, and on alternating weekends thereafter, from Thursday after school through Monday at 8:00 a.m. or the start of school, whichever occurs first. During the school year, Mother shall pick Nikolas up after school on Thursday and return him to school on Monday morning, If Nikolas does not have school on Monday or Thursday, then Mother shall have custody on those days at times mutually agreed upon by the parents. b. On the Thursdays preceding Mother's non. custodial weekend, she shall have custody of Nikolas from after school through 5:30 p.m. Mother or maternal grandmother shall pick Nikolas up after school on Thursday and Nikolas shall be picked up at Mother's residence at 5:30 p.m. c. Beginning on Tuesday, September 15, 1998, and on every Tuesday thereafter from after school through 5:30 p.m. d. Mother shall call Nikolas every Monday evening between 8:00 p.m. and 8:15 p.m. 4. The parents will alternate the following major holidays: Easter, Memorial Day, Fourth of July, Labor Day, Trick or Treat Night and Thanksgiving. The custodial period shall run from 10:00 a.m. through 6:00 p.m. with the exception of Trick or Treat Night which shall be from after school until 8:30 p.m. The schedule shall begin with Mother having Trick or Treat Night, 1998. 5. The Christmas holiday shall be divided into two Segments. Segment A shall be December 24 at 3:00 p.m. through December 25 at 3:00 p.m. Segment B shall be December 25 at 3:00 p.m. through December 26 at 3:00 p.m. Commencing with December 1998, Mother shall have custody during Segment A and Father during Segment B. Thereafter, the parents shall alternate custody of Nikolas in accordance with the Segments. 6. Father shall have custody of Nikolas on Father's Day from 10:00 a.m. through 6:00 p.m. and Mother shall have custody of Nikolas on Mother's Day from 10:00 a.m. through 6:00 p.m. 7. Mother shall be entitled to three (3) one (1) week extended custodial periods with Nikolas. The one (1) week periods shall not be taken consecutively. It is understood that a week is defined as seven (7) days which must include the parent's regularly scheduled custodial weekend. Mother shall provide Father with notice of her intention to exercise the extended custodial period by May 1 of each year. It shall be understood that despite the May 1, notice requirement, the first parent to advise the other parent of his/her vacation schedule shall preclude the other parent from selecting that time. 8. The parties shall share September 23 which is Nikolas' birthday. It is the intention of this Order that the parties work out an arrangement so that each of them has some time with Nikolas on the 23rd of September. 9. In the event that either parent finds it necessary to use a third party care provider for Nikolas, that parent shall offer the other parent the right of first refusal with regard to providing daycare. \ 10. Absent an emergency, Mr. Pope shall not be in the car when the transfer of custody occurs. 11. Nikolas shall not be left alone with Mr. Pope, Mother's previous boyfriend. 12. It understood and stipulated by the parents that, upon their mutual agreement, an expanded or altered schedule may be agreed between the parents for and in the best interests of Nikolas. J. r.).. ' L,zne tnL-~:~'.;;"':' .. ~.. ~ ',' ~~ "..oj '- ,) cr" cP .-...._..-.~,,~~"~................,.....,",., .1...,_,....,.... --\2. L..'-.~"'''.- ~,. -,'_..._-,~..,." c 'MAGEL). JENNIFER J. CHRISTOPHER, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA Plainti ff, vs. No. 203\ S l(14 (p DONALD N. ZULLI, JR., c- ~ t c::. ~~ Defendant. CIVIL ACTION - CUSTOD-l" ':, rr\:::': () ~~;_. APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUP~ Y. _"- rR Pursuant to Dauphin county Rule 240(2), Applicant, by counsel, appli;f{or I~e to proceed in forma pauperis. Applicant is indigent, having been so determined by Central Pennsylvania Legal Services (CPLS). Counsel is "acting as or on behalf of a non-profit legal services organization" within the meaning of said Rule in that s/he is providing free legal services to Applicant as a volunteer under the Dauphin County Bar AssociationlCPLS pro bono program. ..,-;, -i r~"..'-:::; , J~t M, Weinstock, Esquire ~ rney for Applicant/Jennifer Christopher ORDER AND NOW, this 1Jy1D- day of December, 2001, upon presentation and consideration of the above Application and pursuant to Dauphin County Rule 240(2), said Application is hereby granted. f \ I \ ,5tRpJwrJ C-. (t){lAMuJ Stt:phen E. Farina, Prothonotary ilMA' ~ ["'" [I '.I~",'1r::D DONALD N. ZULLI, IN THE COURT OF COMMON PLEAS Plaintiff /Respondent, DAUPHIN COUNTY, PENNSYLVANIA JENNIFER 1. ZULLI, now known as JENNIFER 1. CHRISTOPHER, DefendantlPetitioner. : c: ,~ vs, No. 2031 S 1996 '" = g r:J r", Cl "-) O' -_.~ -~ v. r"1.:._ CIVIL ACTION - CUSTODY;; :: p..c C' .,....,.,-: "; , J> . --,; " ~ :':"J PETITION TO MODIFY ORDER DATED SEPTEMBER 18, 1998' 9? += DefendantlPetitioner, Jennifer J. Zulli, now know as Jennifer 1. Christopher, hereby petitions the Court to Modify the current Order dated September 18, 1998, and avers as follows: 1. The Plaintiff is Jennifer J. Christopher, residing at 10 Betty Nelson Court, Lot #10, Carlisle, Cumberland County, Pennsylvania, 17013, 2. The Defendant is Donald N. Zulli, Jr., residing at 4613 Berkley Street, Harris- burg, Dauphin County, Pennsylvania, 17109. 3, Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Nikolas A. Zulli 4613 Berkley Street, Harrisburg, PA 9/23/93 4. The child was born in wedlock. The child is presently in the custody of Donald N, Zulli, Jr. 4613 Berkley Street, Harrisburg, Pennsylvania. 5, During the past five years, the child has resided with the following persons and at the following addresses: . Person( s) Addresses Dates Jennifer Zulli (now Jennifer 268 Susquehanna Ave. 09/93 - 10/95 Christopher) and Donald Enola, P A Zulli, Jr. Jennifer Zulli (now Jennifer Arney Road 10/95 - 04/96 Christopher) and Chris Harrisburg, P A Allen (Boyfriend) Jennifer Zulli (now Jennifer 1036 Dogwood Lane 04/96 - 04/97 Christopher) and Patsy Enola, PA and Terry Sola (Jennifer's parents) Jennifer Zulli (now Jennifer 5 Adams Street 04/97 - 09/98 Christopher) Enola, P A Donald Zulli, Jr., Jennifer 268 Susquehanna Street 09/98 - 12/98 Garner (now Jennifer Zulli) Enola, P A Donald Zulli, Jr., Jennifer 125 Columbia Road 12/98 - 04/99 Garner (now Jennifer Zulli), Enola, P A Donald Zulli, Sr. and Diana Zulli (Donald Zulli, Sr.'s wife) Donald Zulli, Jr. and Jennifer Columbia Road 04/99 - 07/99 Gamer (now Jennifer Zulli) Enola, P A Donald Zulli, Jr. and Jennifer 30 Regency Woods North 07/99 - 08/00 Zulli (formerly Jennifer Carlisle, P A Garner), Emily Zulli, Stepgrandparents, Jennifer Zulli's (formerly Jennifer Garner) sister Donald Zulli, Jr. and Jennifer Harrisburg, P A 08/00 - 09/00 Zulli (formerly Jennifer Garner), Emily Zulli, Step grandparents, Jennifer Zulli's (formerly Jennifer Garner) sister 2 . Donald Zulli and Jennifer L. Zulli (formerly Jennifer Garner), Emily Zulli 4613 Berkley Street Harrisburg, P A 09/00 - Present The mother of the child is Jennifer J. Christopher, currently residing at 10 Betty Nelson Court, Lot #10, Carlisle, Pennsylvania. She is married. 6, The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: Name Relationship John Christopher, III Spouse Jayonna Pope Daughter Angeleah Christopher Daughter Alleshia Christopher Stepdaughter Alexandria Christopher Stepdaughter Adrienne Christopher Stepdaughter John Christopher, IV Stepson 7. The relationship of Defendant to the child is that of Father. The Defendant currently resides with the following persons: Name Relationship Jennifer L. Zulli Spouse Nikolas A. Zulli Son Emily Zulli Daughter 3 - 8. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concernmg the child pending in a court ofthis Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9, The best interest and permanent welfare of the child will be served by granting the reliefrequested because a, Since the 1998 Order (copy of which is attached hereto), Defendant has refused to allow Plaintiff to see or communicate with child in violation of the 1998 Court Order. b. Defendant refuses to inform the Plaintiff about the child's health or how the child is progressing in schooL c, The child has not been to the dentist since 2000 and needs a dental appointment which Defendant refuses to make. Defendant's portion of the prior dental biB still remains unpaid. d, The child has resided with his father and a number of other persons, including the child's stepmother, stepgrandmother, and stepmother's sister, since 1998, and at times in a residence that cannot adequately accommodate this many people. Since 1998, the child has relocated six 4 . times and it is believed he will be moving again within a few months. The child has changed schools twice during these moves. e. The Defendant pays for the child's lunch through a reduced lunch plan. Defendant has asked Plaintiff for additional money for school lunches even though Plaintiff is paying Defendant child support. f. The child should be placed in a stable living environment which the Plaintiff is able to provide, Plaintiff and her husband are currently seeking a home in Cumberland County to adequately accommodate their family and which win provide a more stable environment. g. The health and welfare of the child win best be provided by living with the Plaintiff. h. The child would have a better opportunity to development a relationship with his grandparents, Pasty and Terry Sola (Plaintiffs parents), Currently Mr. and Mrs, Sola have no access to the child, 1. The child has expressed a desire to spend more time with his mother. 10, Each parent whose parental rights to the child have not terminated and that person who has physical custody of the child has been named as a party to this action. WHEREFORE, pursuant to the Custody Act, 23 Pa, C.S. Section 5301, et seq., Plaintiffrequests the court modify the Order dated September 18, 1998. 5 . Respectfully Submitted, IRA H. WEINSTOCK, P.c. 800 North Second Street Harrisburg, P A 17102 Phone: 717-238-1657 By:~rn. Ww~~ ( JASON M. WEINSTOCK 6 v. IN'I'HE COURT'OF COMMON PLEAS DAUPHIN COUNTY. PBNNSYLVANIA NO. 2031 s. 1996 CIVIL ACTION - LAW CUSTODY DONALD N. ZULLI, Pl.aintiff JENNIFER J. ZULLI, Defendant ORDER OP COmtT AND NOW, to wit, this }<6#\ day of , 1998, the parents and their respective counsel, having appeared for a Custody Conference on September 8, 1998, before the Conference Officer, Sandra L. Meilton, Esquire, and having reached agreement with regard to the best interests and welfare of their minor child, Nikolas J. Zull.i, born September 23, 1993, it is hereby ORDERED AND DECREED as follows: ( 1. The parents shall share legal custody of Nikolas and each parent shal.l consult with the other concerning all major decisions affecting Nikolas, including but not limited to, health. education and religion. 2. Primary physical custody of Nikolas shall be with Father, Donald N. Zulli, 3 . Mother, Jennifer J. Zulli, shall have partial physical custody of Nikolas in accordance with the following schedule: a. Beginning on Thursday. September 17, 1998, and on alternating weekends r.hereafter, from Thursday after school ^.~' ......,...... ...., ,........T...V...... llLLI!!U lfgU,J through Monday at 8:00 a.m. or the start. of school, whichever occurs first. During the school year. Mother shall pick Nikolas up after school on Thursday and return him to school on Monday morning. ~ Nikolas does not have school on Monday or Thursday, then Mother shall have custody on those days at times mutually agreed upon by the parents. b. On the Thursdays preceding Mother's non- custodial weekend, she shall have custody of Nikolas from after school through 5:30 p.m. Mother or maternal grandmother shall pick Nikolas up after school on Thursday and Nikolas shall be picked up at Mother's residence at 5:30 p.m. c. Beginning on Tuesday, September 15, 199B. and on every Tuesday thereafter from after school through 5:30 p.m. d. Mother shall cal~ Nikolas every Monday evening between 8:00 p.m. and 8:15 p.m. 4. The parents will alternate the following major holidays: East.er. Memorial Day, Fourth of July, Labor Day, Trick or Treat Night and Thanksgiving. The custodial period shall run from 10:00 a.m. t.hrough 6:00 p.m. with the exception of Trick or Treat. Night which shall be from after school until 8:30 p.m. The -' schedule shall begin with Mother having Trick or Treat Night, 1998. 5 _ The Christmas holiday shall be divided into two Segments. Segment A l?hall be December 24 at 3:00 p.m. through December 25 at 3:00 p.m. Segment B shall be December 25 at. 3:00 "" u. .' l p. m. through December 26 at 3 : 00 p. m. Commencing with December 1998, Mother shall have custody during Segment. A and Father during Segment B. Thereafter. the parents shall alternate custody of Nikolas in accordance with the Segments. 6. Father shall have custody of Nikolas on Father's Day from 10:00 a.m. through 6:00 p.m. and Mother shall have custody of Nikolas on Mother's Day from 10:00 a.m. through 6:00 p.m. 7. Mother shall be entitled to three (3) one (1) week extended custodial periods with Nikolas. The one (1) week periods shall not be taken consecutively. It is understood that a week is defined as seven (7) days which must include the parent's regularly scheduled custodial weekend. Mother shall provide Father with notice of her intention to exercise the extended cust.odial period by May 1 of each year. It shall be understood that despite the May 1, notice requirement, the firs~ parent to advise the other parent of his/her vacation schedule shall preclude the other parent from selecting that time. S, The parties shall share September 23 which is Nikolas' birthday. It is the intention of this Order that the parties work out an arrangement so that each of them has some time with Nikolas on the 23rd of September. 9. In the event that either parent finds it necessary to use a third party care provider for Nikolas, that parent shall offer the other parent the right of first refusal with regard to providing daycare. ,l.~' "60 qu ........VV &-44 1.&.IT~""'T.Ll;J"'U lUl.,"U I(!J05 :1.0. Absent an emergency, Mr. Pope shall noe be in the car when t~e transfer of custody occurs. 1:1.. Nikolas shall not be left alone with Mr. Pope, Mother's previous boyfriend. 12. It understood and stipulated by the parencs that, upon their mutual agreement, an expanded or altered schedule may be agreed between the parenes for and in the best interests of Nikolas. BY THE COURT: f 19.9L I hereby 0011;1)' tn t the for&golng is a true ar.d conect cop~f the origNa ~ C'-. )+l~ PI . COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF DAUPHIN ) I verify that the statements made in the attached PETITION TO MODIFY ORDER DATED SEPTEMBER 18, 1998 are true and correct. I understand that false state- ments herein are made subject to the penalties set forth in 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. DATED: IJ.../~/ /0 , , DONALD N. ZULLI, Plaintiff, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 2031 S 1996 vs. JENNIFER J. ZULLI, now known as JENNIFER 1. CHRISTOPHER, Defendant. CIVIL ACTION - CUSTJA1A GEL) ORDER OF COURT /'t,t P ."3D iI-m AND NOW, upon consideration of the att~ed Petition to Modify, it is hereby directed that the Rarties and their respective counsel aypear before the Custody Conference Office, on the "17-", day of f-t. brzu~~Cl , 20~ at a Pre-Hearing Custody Conference. At such Conference, an effort will be mide to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children, age five or older shall also be p,resent at the Con~ ~en c Failure to appear at the Conference may provide grounds for entry of a temporary,.or permane Order.. I" L? 'f 1-,,,,'o-leJ b~ R~ C....+..Lv ~').~u.e' ,<: 0'tY-{c<r/Z ( f BY THE COURT: I Dated: 1- / F- O;;L. 1 A By bg.,ci~ ;;()~!p.- Custody Conference Officer / YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELE- PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, P A 171 01 Phoue: 717-232-7536 DONALD N, ZULLI, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent,: DAUPHIN COUNTY, PENNSYLVANIA vs. No. 2031 S 1996 JENNIFER J. ZULLI, now known as .AG E [' JENNIFER J. CHRISTOPHER, Defendant/Petitioner.: CIVIL ACTION - CUSTODY ORDER OF COURT You, Donald N. Zulli, Jr., Plaintiff, have been sued in court to obtain custody, partial custody or visitation of the child(ren): Nikolas Anthony Zulli. ,,9~ +A6:' h'c,-d-"-. i!t>,,(2. You are ordered to appear in person at t C",tudy M"d;"[;UH Office, Dauphin County Court House Front and Market Streets, Harrisburg, Pennsylvania on nbRI.1 t(R<j '2 ~oCJ1." at t: g ,) o'clock a,m./fIC'l'. for a Custody Mediation Conference, ,. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELE- PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 Phone: 717-232-7536 ...... ~_:~ c-.;J , .~ '. ,- c_ , C"J :;:J --- ] ;~.:. .. r m \.1 " n r,-\ ,. r---' -0 m :-::0: :.:!: ..0 ;-r, -< A .,. r1 , C) ~ C) }:> j '" CJ (- ::) .. -< AMERICANS WITH DISABILITIES ACT OF 1990 -< .'-> The Court of Common Pleas of Dauphin County is required by law to c~mply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. 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. -r:a"l. ~ THE COURT: Date: 1---- I P- c::) ~ jI '. ~"Ad 0_ ...)....~Jl;Lz_d / -,"j'i/J:./f4'--'0 {~f;-{ed't C.''l('''2ff!<c ('){-I':<.f:-<. Jot . . IIVIAGED; DONALD N. ZULLI, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA Plaintiff/Respondent, vs. No, 2031 S 1996 JENNIFER J. ZULLI, now known as JENNIFER J, CHRISTOPHER, !? ...i___ ,- Defendant/Petitioner. Civil Action - Divorce AFFIDAVIT OF SERVICE '*' .c o --.: Jason M, Weinstock, Esquire, being duly sworn according to law, deposes and says that he mailed a certified copy of the Order of Court dated January 18, 2002 and a copy of the Petition to Modify Order Dated September 18, 1998 upon Plaintiff/Respondent's attorney on January 23, 2002, by depositing it in the United States mail addressed as follows: Max], Smith, Jr., Esquire, 134 Sipe Avenue, Hummelstown, Pennsylvania, 17036, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S. ~4904 relating to unsworn falsification to authorities. lli/. -!cd JASON M. WEINSTOCK ~ ..... '- """ :;z: " ;0 00;0 ~"or, ,:3" :2]('") --- C) or, :::-;'''< :.,.--fQfT1 .':>-,,0 :v -<~ '" .c LJ , IMAGED " DONALD N. ZULLI, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v, : NO. 2031 S 1996 ffiNNIFER J. ZULLI, now known as ffiNNIFER J. CHRISTOPHER, Defendant/Petitioner CIVIL ACTION - LAW CUSTODY ANSWER AND COUNTERCLAIM TO PETITION TO MODIFY ORDER DATED SEPTEMBER 18. 1998 CJ ,~~ c I'TI ... .~.~, .,--' <..M AND NOW comes the Plaintiff/Respondent, DONALD N. ZULLI, who re~ectfully " N responds to said Petition as follows: 0 ex> -0 :;;c 1.-4. Admitted. - = ......, 5"'- 5. Denied. In addition to the residences listed by Petitioner, there are several others that she neglected to include, same being Joya Circle, Lower Paxton Township, Third Street in West Fairview, Cumberland County, Evergreen Street, Harrisburg, Derry Street, Harrisburg, North Street, Carlisle, and Betty Nelson Court, Carlisle. Thus, the dates listed by Petitioner indicating when she lived at the different residences are not accurate. 6. Admitted. By way of further response, at times there are eight (8) people residing in Petitioner's three-bedroom, one-bathroom mobile home. 7.-8. Admitted. 9.a. Denied. Respondent has not refused to allow Petitioner to see or communicate with the child, except on one occasion after Petitioner refused to divulge to Respondent where she was living or her phone number. Conversely, Petitioner rarely avails herself of the telephone privileges to which she is entitled pursuant to the current court Order. ~' b. Denied. The parties have shared legal custody of their son, and therefore Petitioner is just as able as Respondent to be kept abreast of Nikolas' health and education. c, Denied. Traditionally, since she has an Access card, it is Petitioner who takes Nikolas to dental appointments, and therefore no legitimate reason exists for him not visiting the dentist since 2000. d. Denied. Respondent has always resided in a home with ample accommodations. To the contrary, Petitioner has seldom resided in a home with appropriate accommodations for Nikolas, including her present address. Respondent resides in a five-bedroom home with a large yard. Further, the child has changed schools only once since Respondent has had custody of him. e. Denied. Respondent has merely asked that Petitioner provide lunch money for the child on the days she has partial custody of him during the school week. In addition, Petitioner is hundreds of dollars in arrears in payment of child support for Nikolas. f. Denied. Since the parties separated years ago, Petitioner's living-environment has been anything but stable. Conversely, Respondent and his wife have always provided the stability that Nikolas requires, and Nikolas has been thriving while in his father's primary care. g. Denied. As Nikolas is doing well in all respects, it would be detrimental to his well-being for primary custody to be transferred from Respondent to Petitioner. h, Denied. To the extent the child's preference is a factor in these proceedings, he has always desired to live with his father, and frequently balks at going to his mother's home during her periods of partial custody. 10. Admitted. COUNTERCLAIM II. Respondent hereby incorporates the responses to paragraphs 1-10 above as though same were set forth in full herein. .' 12. The parties continue to follow the Order of Court dated September 18,1998, issued by the Honorable Joseph H. Kleinfelter, which was entered during Nikolas' pre-school years. (See attachment to Petitioner's Petition). 13. Now that Nikolas is in grade school and Petitioner lives approximately 30 miles away, it is disruptive to the child for his mother to have custody overnight during the school week. 14. Respondent therefore submits that the best interests of Nikolas require that Petitioner's alternate weekend partial custody commence Friday after school and that Nikolas be returned to Respondent by Sunday at 6:30 p.m. WHEREFORE, Respondent respectfully requests that the Petition to Modify Order dated September 18, 1998 be dismissed, and that Respondent's Counterclaim be granted. Respectfully submitted, Date: February 5, 2002 (Ii Q1tJ{l UfJ7ty, // If . MAX J. SMITH, JR., Esqurre J.D. No. 32114 Attorney for Respondent James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ". ~ I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, Section 4904, relating to unsworn falsification to authorities. AQJV'\ "On[ ~) G wI?,. , DONALD N. ~I, J~ -- DONALD N. ZULLI, PlaintifflRespondent : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA v. : NO. 2031 S 1996 JENNIFER J. ZULLI, now known as JENNIFER J. CHRISTOPHER, DefendantJPetitioner : CIVIL ACTION - LAW : CUSTODY CERTIFICATE OF SERVICE AND NOW, this ~ day of February, 2002, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Answer and Counterclaim to Petition to Modify Order Dated September 18, 1998 by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Ira H. Weinstock, P.c. Attn: Jason M. Weinstock, Esquire Suite 100 800 N. Second Street Harrisburg, PA 17102 MAX J. SM TH, JR., Es J.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ~;-o My I' IMAGED Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA DONALD N. ZULLI, v, NO. 2031 S, 1996 JENNIFER J. ZULLI, now known as JENNIFER J. CHRISTOPHER, Defendant/Petitioner CIVIL ACTION - LAW CUSTODY \,-, ~ AMENDED ORDER OF COURT c- ,--' ~ \ <:..- AND NOW, it is hereby directed that the parties and their respective counsel appear before Sandra L. Meilton, the Custody Conference Officer, on the 7th day of June , 2002, at 1:30 p.m. at the law offices of Tucker Arensberg & Swartz, 111 North Front Street, Harrisburg, Pennsylvania, 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. Children need not be present at the Conference unless their presence is requested by the Custody Conference Officer. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, Date: 4/23/2002 ~.Lc<;-ty~,-, By: Custody Conference Officer YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. The Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 Telephone No. (717) 232-7536 610.1 L.._ _.cj/u/Ci<.-- Emf;r":' toJ ~..__,._...._.._..., ,- fO \ 1, QU(j' Ga- ide) d- O(Z,~ ' '..1l It::. E'D i.;':;1,.,'-A \ Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA DONALD N, ZULLI, v, NO. 2031 CV, 1996 , .-. = c_~ .-. CIVIL ACTION - LAW: --- CUSTODY ~:~ " ,,-, . (:::);:0 -''1 t'1 - -1'l(") (;~ -<""""1< ~rn '0 '~CJ 00, ~~<-n .. ,'J .r:::- JENNIFER J, ZULLI, now known as JENNIFER J. CHRISTOPHER, Defendant/Petitioner ;::-- --,-"'- ~.--, -,-- AMENDED ORDER OF COURT AND NOW, it is hereby directed that the parties and their respective counsel appear before Sandra L Meilton, the Custody Conference Officer, on the 26th day of Julv , 2002, at 8:30 a.m. on the 4th Floor, Dauphin County Court House, Front and Market Streets, Harrisburg, Pennsylvania, 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. Children need not be present at the Conference unless their presence is requested by the Custody Conference Officer. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, Date: 6/12/2002 jl -<'-"'" . ' ~:td.__C'('--; &d~,-, / By: Custody Conference Officer YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. The Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 Telephone No. (717) 232-7536 628.1 c::/Lalo <- , -, . bi.d.JJ by ~ _ ..,..".----:::f: ",) C ....-\ \~ .').. .:::)'c.::;.~ ~ Date Submitted: ~ )2<4b;L SLM ORDER DONALD N. ZULLI, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v. NO, 2031 CV, 1996 JENNIFER J. ZULLI, now known as JENNIFER J. CHRISTOPHER, Defendant/Petitioner I j!~tETIO~ ~,LAW ,fVfRGED ,-_. ~;: "'" ,=-- = ..... m =- = 0 ., ....., INSTRUCTIONS xx Case settled - See attached Order Case continued Case not settled No Interim Order See attached Interim Order _ Assign to Judge _ Reassign to Judge F ......." ,-., (l '. ~ DONALD N. ZULLI, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2031 CV, 1996 ;;;.- = v. JENNIFER J. ZULLI, now known as JENNIFER J. CHRISTOPHER, Defendant/Petitioner --C-, CIVIL ACTION - LAW CUSTODY = t-' 0'> =- = - = r--l ORDER OF COURT AND NOW, to wit, this '" 1'1'1/ ( ,,\._-/: 1..1) II /Y"' " \,/ I day of '\",LJl II I..l.A. (.<A.. '/ if , 2002, the parents and their respective counsel, having appeared for a Custody Conference on February 7, 2002, before the Conference Officer, Sandra L. Meilton, Esquire, and having reached agreement with regard to the best interests and welfare of their minor child, Nikolas J. Zulli, born September 23, 1993, it is hereby ORDERED AND DECREED as follows: The Order entered by this Court on Septernber 18, 1998 is modified as follows: 1. The parents shall share legal custody of Nikolas and each parent shall consult with the other concerning all major decisions affecting Nikolas, including but not limited to, health, education and religion. 2, Primary physical custody of Nikolas shall be with Father, Donald N. Zulli. 3. Mother, Jennifer J, Zulli, shall have partial physical custody of Nikolas in accordance with the following schedule: a. During the school year, on alternating weekends from Friday after school through Sunday at 7:30 p,m. b. During the school year, every Tuesday from after school through 7:30 p.m. HBG:2065-2-015569-018936 - 1 - ( . , . " c. Paragraph b., c. and d. under the original order are hereby deleted. 4. The parents will alternate the following major holidays: Easter, Memorial Day, Fourth of July, Labor Day, Trick or Treat Night and Thanksgiving. The custodial period shall run from 10:00 a.m. through 6:00 p,m. with the exception of Trick or Treat Night which shall be from after school until 8:30 p.m. The schedule shall begin with Mother having Trick or Treat Night, 1998. 5. The Christmas holiday shall be divided into two Segments, Segment A shall be December 24 at 3:00 p.m, through December 25 at 3:00 p.m. Segment B shall be December 25 at 3:00 p.m, through December 26 at 3:00 p.m, Commencing with December 1998, Mother shall have custody during Segment A and Father during Segment B. Thereafter, the parents shall alternate custody of Nikolas in accordance with the Segments, 6. New Year's Day shall also be shared by the parties on an alternating bases with the party who has Christmas Day also having New Year's Day, The New Year's Day holiday shall run from 10:00 a.m. through 6:00 p.m, Under this schedule, Mother shall have New Year's Day in 2003, 7, Father shall have custody of Nikolas on Father's Day from 10:00 a,rn. through 6:00 p.m. and Mother shall have custody of Nikolas on Mother's Day from 10:00 a.m. through 6:00 p,m, 8. During Nikolas' summer vacation from school, the parties shall share custody on an alternating weekly basis. The transfer of custody shall take place on Fridays at a mutually agreed to time. The schedule shall begin with Father having the beginning Friday, June 7 and running through Friday, June 14. The start of the summer schedule is designed to accommodate the fact that Father has already scheduled a one week summer vacation to run HBG.2065-2,O 15569-018936 -2- . from July 22 through July 27, To the extent that beginning the schedule with Father having the week of June 7 through 14 does not give Father the week of June 22 through June 27; the parties shall adjust the schedule to assure that Father has the vacation time which he has already reseNed. 9. The parties shall share September 23 which is Nikolas' birthday, It is the intention of this Order that the parties work out an arrangement so that each of them has some time with Nikolas on the 23rd of September. 10. In the event that either parent finds it necessary to use a third party care provider for Nikolas, that parent shall offer the other parent the right of first refusal with regard to providing daycare. 11. It understood and stipulated by the parents that, upon their mutual agreement, an expanded or altered schedule may be agreed between the parents for and in the best interests of Nikolas, 12. This matter shall be heard again by the Conference Officer on May 10, 2002 at 10:30 a.m, at 111 North Front Street, Harrisburg, Pennsylvania 17101. BY THE COURT: Cf-Cki!cl J~ J. 2065.2 HBG:2065-2-015569,018936 - 3 - 31:.' ~/.-.../ ,~,/~ ,.\ \.! ------ >;:" IMAGED DONALD N, ZULLI, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA Plaintiff v. NO. 2031 CV, 1996 JENNIFER J. ZULLI, now known as JENNIFER J. CHRISTOPHER, Defendant/Petitioner CIVIL ACTION - LAW CUSTODY AMENDED ORDER OF COURT AND NOW, it is hereby directed that the parties and their respective counsel appear before Sandra L. Meilton, the Custody Conference Officer, on the 13th day of September, 2002, at 9:30 a,m. at the law offices of Tucker Arensberg & Swartz, 111 North Front Street, Harrisburg, Pennsylvania, 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. Children need not be present at the Conference unless their presence is requested by the Custody Conference Officer. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, Date: 7/24/2002 By: ~wV~~~T!1uib-__ , Custody Conference Officer c::: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE,-u~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO~I1iE TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WH133E> YOU CAN GET LEGAL HELP, 2: The Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 Telephone No. (717) 232-7536 -, -< 610.1 C) ~-'" ..... g .... <..... = r- N U1 > ~ w - () (( I!J j -;:) 00;:0 -<-""" == -r, rJ On"" :z _ CJ""< -<0"" >-,,0 ;:0 -< ~ ,,~ . . , ' , .JL~ '~ - ~..---"- -...----.... iC A-Hy /0-1/' Od-., Date Submitted: : '1 1(, 0{)- SLM ORDER Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA DONALD N, ZULLI, v. NO. 2031 S, 1996 "" -,',':':" JENNIFER J, ZULLI, now known as JENNIFER J. CHRISTOPHER, Defendant o , ;~~~ .:;xl CIVIL ACTION - LAW CUSTODY ---: INSTRUCTIONS f',) xx Case settled - See attached Order <-11 Ul Case continued _ Case not settled No Interim Order ~MAGEl) See attached Interim Order _ Assign to Judge _ Reassign to Judge , \ / I ,. IM.AG."'~ r::: . "cr) DONALD N. ZULLI, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA Plaintiff ~ v, NO, 2031 S, 1996 Co:: I 7-.,1 o JENNIFER J. ZULLI, now known as JENNIFER J. CHRISTOPHER, Defendant _J CIVIL ACTION - LAW CUSTODY r~) U1 U1 ORDER OF COURT AND NOW, to wit, this /&#1 day of tJc-/tbe r , 2002, the parents and their respective counsel, having appeared for a Custody Conference on September 13, 2002, before the Conference Officer, Sandra L. Meilton, Esquire, and having reached agreement with regard to the best interests and welfare of their minor child, Nikolas J. Zulli, born September 23, 1993, it is hereby ORDERED AND DECREED as follows: 1. Joseph E, Dreiss, PhD, is hereby appointed by the Court to provide therapeutic family counseling to the parties and Nikolas, The purpose of the counseling is to help the parents establish a co-parenting plan that meets Nikolas' current needs and to address concerns that both parties have with regard to Nikolas' physical and emotional well being. The parties shall cooperate fully with the counselor and be guided by his recommendations. 2, Any noncovered medical expenses incident to the counseling shall be shared equally by the parties. 3. Pending the result of the custody evaluations, the parties shall maintain the status quo with regard to physical custody of the Nikolas as it is set forth in the Court Order dated February 27, 2002. BY THE COURT: Or'cdcl J~ 52972,1 J. l6 . .. ...JIo ' (717) 232-0581, ext. 2107 Fax: (717) 232-7821 hwitte(W,midpenn.org o ~ -...-- --0 :; . r<'7- ~c yC- C-- -;::. .-\ ..4. ~ ~ 'e, "" - -- (J1 C,' --:', ''I:~:' Harry L. Witte, Esquire MlDPENN LEGAL SERVICES 213-A North Front Street Harrisburg, PA 17101 "--i ~,"'. \ ~ .- .- .. (,0) fIP IMAGEJ.) DONALD N. ZULLI, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v. NO. 2031 CV, 1996 JENNIFER CHRISTOPHER, Defendant/Petitioner CIVIL ACTION - LAW CUSTODY PETITION FOR TRANSFER OF VENUE 1. The Petitioner is Defendant Jennifer Christopher ("Mother"). She is an adult individual currently residing at 257 South Pitt Street, Carlisle, Cumberland County, Pennsylvania. 2. The Respondent is Plaintiff Donald N. Zulli ("Father"). He is an adult individual currently residing at 125 Columbia Road, Enola, Cumberland County, Pennsylvania. 3. On February 27,2002, the Honorable Todd Hoover entered an Order in Dauphin County regarding the custody of the parties' minor child, Nikolas J. Zulli. -' : 4. The child currently resides with Mother at 257 South Pitt Street, Carlisle, Cumberland County, Pennsylvania and has resided there since August 2004. 5. Neither party to this action currently resides in Dauphin County nor has done so within the past six months. Both parties currently reside in Cumberland County, Neither party nor the child has a significant relation to Dauphin County. 6. Mother intends to file a Petition to Modify Custody in the Court of Common Pleas of Cumberland County. 7. Cumberland County is the appropriate venue for further action in this matter since both parties reside in Cumberland County, and Cumberland County is the home county of the child. WHEREFORE, the Petitioner respectfully requests that the Court enter an Order directing the above-captioned matter to be transferred by the Prothonotary of the Court of Common Pleas of Dauphin County, Pennsylvania to the Court of Common Pleas of Cumberland County, Pennsylvania. Respectfully Submitted, 6-)3-').1";~- Date MIDPENN LEGAL SERVICES B~ ;C H . Witt~ 213-A N. Front St. Harrisburg, PA 17101 (717) 232-0581, Ext. 2107 Fax: (717) 232-7821 - J 2 ~ . , . VERIFICATION I verify that the statements made in the foregoing Petition for Transfer of Venue are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. ~ 4904 relating to unsworn falsification to authorities. ~ . ": CERTIFICATE OF SERVICE I hereby certify that on this IS ~ay of-;/' ~, 2005, I shall cause a copy of the foregoing Motion to be sent by first-class mail to: Donald N. Zulli 125 Columbia Road Enola, P A 17025 Plaintiff/Respondent J...__"_',o ._ $,/~eq.:' ...."".. ..,y "",~ .' , I ~ ". DONALD N. ZULLI, Plaintiff/Respondant v. JENNIFER CHRISTOPHER, Defendant/Petitioner AND NOW, this o IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2031 CV, 1996 CIVIL ACTION - LAW CUSTODY ORDER OF COURT day of ,2005, upon review of the Petition for Transfer of Venue, this Court directs that the Prothonotary of the Court of Common Pleas of Dauphin County transfer the case and all documents associated with the file to the Court of Common Pleas of Cumberland County. BY THE COURT: J. ru IMAGtb.:"r. ~lwd. (' DONALD N. ZULLI, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA ~. ;:-' vs. NO. 2031 CV 1996 ). JENNIFER CHRISTOPHER, \1-- r\'! Defendant CIVIL ACTION - CUSTODY ':t.. ,; r RULE ( <. "9 AND NOW, this ~ day of June, 2005, upon consideration of Defendant's Petition for Transfer of Venue, a RULE is hereby ISSUED upon Plaintiff to show cause, if any he has, why the relief requested in such Petition should not be granted. Rule returnable I Y days from date of service of this Rule upon Plaintiff by counsel for Defendant. BY L F. BmUoo, J"dg' ODf~ Alexandra N. Corcoran, Certified Legal Intern Harry L. Witte, Esquire MidPenn Legal Services 213-A North Front Street Harrisburg, P A 1710 I ; -. .'~' Phone: (717) 232-0581, ext. 2107 Fax: (717)232-7821 hwitte0J,midpenn.org ( , DONALD N. ZULLI, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYL VANIA v. NO. 2031 CV 1996 JENNIFER CHRISTOPHER, Defendant CIVIL ACTION ~ CUSTODY MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE BRUCE BRATTON, JUDGE: MidPenn Legal Services, by Alexandra N. Corcoran, Certified Legal Intern, and Harry L. Witte, Supervising Attorney, respectfully submits as follows: I. In response to a previously filed petition, this Honorable Court issued a rule to show cause, dated June 22,2005, requiring Plaintiff Donald N. Zulli to show cause why the petition to transfer venue should not be granted. 2. The rule was returnable 14 days after service. .. 3. On June 24, 2005, the undersigned forwarded to Donald N. Zulli time-stamped and certified copies of the petition and rule, Copies of the cover letter and certificate of service are attached in combination as Exhibit A and incorporated herein. 4. Donald N. Zulli, himself or by counsel, has not responded to the petition. WHEREFORE, the undersigned move this Honorable Court to make absolute its June 22, 2005 rule, and instruct the Prothonotary transfer the file in this matter to the Court of Common Pleas for Cumberland County, Pennsylvania. Respectfully submitted, MIDPENN LEGAL SERVICES Julv 7. 2005 Date By: ~~c' U"\ ~~ Alexandra N. Corcoran, Certified Legal Intern (Pa.B.A.R. 322) By: ~- ~ L. Witte, Supervising Attorney - 213-A North Front Street Harrisburg, P A 17101 Phone: (717) 232-0581 Fax: (717) 232-7821 (Attorneys for Defendant) Exhibit A \ " r ..' ". /I fit MidPenn Legal Services I!J lilt ra, 213- A North Front Street, Harrisburg, P A 17101-1492 Phone 800-932'{)356 717,232-0581 FAX 717-232-7821 www,midpenn.org June 24, 2005 Donald N. Zulli 125 Columbia Road Enola, P A 17025 Dear Mr. Zulli: Enclosed is a Rule issued upon you to show cause why the Petition for Transfer of Venue should not be granted. A copy of the Petition for Transfer of Venue is also enclosed. Sincerely, ~JCC0'> c~ Alexandra Corcoran Legal Intern Harry L. Witte Supervising Attorney Enclosures CC: Jennifer Christopher 257 S. Pitt St. Carlisle, PA 17013 Brenda Coppede Dale F. Shughart Community Law Center Family Law Clinic 45 N. Pitt St. Carlisle, P A 17013 ii1: LSC .. CERTIFICATE OF SERVICE I hereby certify that on this .tI/J4. day of ,yt; H e. , 2005, I shall cause a copy of the foregoing Rule and Petition for Transfer of Venue to be sent by first-class mail to: Donald N. Zulli 125 Columbia Road Enola, P A 17025 Plaintiff/Respondent CERTIFICATE OF SERVICE I hereby certify that on this 7th day of July, 2005, I shan cause a copy of the foregoing Motion to Make Rule Absolute to be sent by first-class mail to: Donald N. Zuni 125 Columbia Road Enola, P A 17025 PlaintiffilRespondent Harry L. Witte, Esquire Supervising Attorney ::jlUr~<_ Alexandra N. Corcoran Certified Legal Intern Stephen E. Farina Prothonotary OFFICE OF y\l.OTHONOT4~y Front & Market Streets Harrisburg, PA 17101 (717) 780-6520 County of Dauphin Curtis R Long, Prothonotary Cumberland County Court House Hanover & High Streets Carlisle, Pa 17013 December 8, 2005 IN RE: Donald N Zulli Vs. Jennifer Christopher Dauphin County Dkt No 1996 CV 2031 Cumberland County Dkt No. Dear Sir/ Madam: By Order of July 14, 2005 by Hon Bruce R Bratton, Judge The above matter has been transferred to the Court of Common Please of Cumberland County. I am, accordingly, sending originals of all the papers herewith. I Will appreciate the return of the attached receipt address to the Attention: of Ms. Lisandra Garcia. Very truly yours, V&ltj~f')I C(t5~,%:riJla Stephen E. Farina Prothonotary f ~i c ..:.,r\ \.."". -,~ J