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HomeMy WebLinkAbout02-35130 BRIAN J. ZYGMUNT IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA vs. NO.O.1_35/3 CIVIL TERM JESSICA M. MILLER Defendant CIVIL ACTION-LAW COMPLAINT FOR CUSTODY 1. The Plaintiff is Brian J. Zygmunt, residing at 509 North Walnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania. The Plaintiff resides with the child's paternal grandmother, Kathryn Zygmunt. 2. The Defendant is Jessica M. Miller, residing at 236 North Baltimore Avenue, Apt. 7, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name Present Residence AAee Ashton Joseph Zygmunt 236 N. Baltimore Ave., Apt. 7, Mt. Holly Springs, PA 7 months The child was born on December 1, 2001. He is presently in the custody of Jessica M. Miller who resides at 236 North Baltimore Avenue, Apt. 7, Mt. Holly Springs, Pennsylvania. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date 1. Brian J. Zygmunt Jessica M. Miller 2. Jessica M. Miller 236 N. Baltimore Ave., Apt. 7 December 1, 2001- Mt. Holly Springs, PA 17065 July 9, 2002 236 N. Baltimore Ave., Apt. 7 July 9, 2002 • Present Mt. Holly Springs, PA 17065 The mother of the child is Jessica M. Miller, currently residing at 236 North Baltimore Avenue, Mt. Holly Springs, Pennsylvania. She is not married. The father of the child is Brian J. Zygmunt, currently residing at 509 North Walnut Street, Mt. Holly Springs, Pennsylvania. He is not married. 4. The relationship of Plaintiff to the child is that of Father. 5. The relationship of Defendant to the child is that of Mother. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 7. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The 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 relief requested for reasons including the following: a. The father has been a primary caregiver of the child from his birth. He has: 1.) planned and prepared meals 2.) bathed, groomed and dressed the child 3.) purchased, cleaned and cared for the child's clothing 4.) arranged medical care, including trips to physicians 5.) cared for the child daily from 11:00 a.m. until 7:00 p.m. while the mother was at work b. The child has a psychological bond with Father; C. Since July 9, 2002, the father has had no contact with the child; d. Mother has not been accommodating to Father to allow for his visitation; e. Father would provide a stable environment for the child; f. The mother has not acted in the child's best interest by denying the father contact with the child since July 9, 2002; g. Mother has repeatedly been uncooperative in reaching agreements regarding the custody of Ashton and other issues involving their relationship; 10. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff prays that This Honorable Court grant him primary physical custody of their child. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Date: GI I7-4/DZ "La-w- igex .hZ Kara W. Haggert , quire I. D. #86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff BRIAN J. ZYGMUNT Plaintiff vs. JESSICA M. MILLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. CIVIL TERM CIVIL ACTION-LAW VERIFICATION I, Brian J. Zygmunt, hereby verify that the facts set forth in the foregoing Custody Complaint are 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 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: BRIAN J. ZYGMUNT IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. CIVIL TERM JESSICA M. MILLER Defendant CIVIL ACTION-LAW PR OF OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that on this 24" day of July, 2002, a true and correct copy of the CUSTODYCOMPLAIArTwas served upon Defendant, addressed as follows: BY FIRST CLASS MAIL: Jessica M. Miller 236 North Baltimore Avenue, Apt. 7 Mt. Holly Springs, PA 17065 BY CERTIFIED MAIL: Jessica M. Miller 236 North Baltimore Avenue, Apt. 7 Mt. Holly Springs, PA 17065. "OM&%UTULAJUS, L.L.P. Kara W. Haggerty, Esq ' e Attorney I.D. #86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 Attorney for plaintiff woo: -rZ N C) G ^ V ,r c_ r? r N .C- _, O rn ?rn BRIAN J. ZYGMUNT, Plaintiff V. JESSICA M. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3513 CIVIL TERM ORDER OF COURT AND NOW, this 27 h day of August, 2002, upon consideration of Plaintiff's Petition for Civil contempt for Disobedience of Custody Order and Request for Special Relief Pursuant To 42 Pa. C.S.A. §1915.13, a hearing is scheduled for Thursday, September 26, 2002, at 9:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. ,.-Kara W. Haggerty, Esq. 8 South Hanover Street Suite 204 Carlisle, PA 17013 Attorney for Plaintiff Jessica M. Miller 215 East King Street Shippensburg, PA 17257 Defendant, Pro Se > s -X-o a Rxs :rc BY THE COURT, VNVAIA,vN9d 3qyvno r NJ L z onv Z'0 AUG 2 2 2002 Ll- 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 LS day of N v W J 2002, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. 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. 2. The parties shall have shared physical custody of the child on a week on/week off basis with the transfer occurring on Sundays at 6:00 p.m. Father's week shall begin Sunday, August 25, 2002. 3. Neither party shall remove the child from the jurisdiction without prior notice to the other party of the location, address and telephone number. 4. 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. 5. Transportation shall be shared such that the exchange of the child shall occur at the K-Mart located on Walnut Bottom Road in Carlisle. 6. 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. Another Conciliation Conference is scheduled for September 25, 2002 at 8:30 a.m. E- wS c? r?¢ '1= N 5z 0 C%j ca BY THE COURT, J. cc/Kara W. Haggerty, Esquire, Counsel for Father /Jessica M. Miller, pro se 7 215 East King Street Shippensburg, PA 17257 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 PRIOR JUDGE: None 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 Mother 2. A Conciliation Conference was held in this matter on August 22, 2002, with the following individuals in attendance: The Father, Brian J. Zygmunt, with his counsel, Kara W. Haggerty, Esquire and the Mother, Jessica M. Miller, pro se. 3. Mother indicated she only recently received notice of the conference and requested time to obtain representation. 4. The parties agreed to the entry of an Order in the form as attached. --? a -off ®h . I? Date Jac eline M. Verney, Esquir Custody Conciliator BRIAN J. ZYGMUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY JESSICA M. MILLER, Defendant No. 02-3513 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of September, 2002, upon consideration of Plaintiff's Petition for Civil Contempt for Disobedience of Custody Order and Request for Special Relief Pursuant to 42 Pa. C.S.A. Section 1915.13 with respect to the parties' child, Ashton Joseph Zygmunt (date of birth, December 1, 2001), and following a hearing, it is ordered and directed as follows: 1. The Defendant, Jessica M. Miller, is found to be in contempt of the existing order of Court dated August 25, 2002, and she is sanctioned to pay the sum of $50.00 to the use of Cumberland County. 2. Pending a further conciliation conference on Plaintiff's complaint for custody, which conference shall also consider the recent allegations of child abuse with respect to the subject of these proceedings, and Defendant's failure to comply in full with the terms of the Order of Court dated August 25, 2002, legal custody of the child shall be shared by the parties, and primary physical custody of the child shall be in the Plaintiff, Brian J. Zygmunt, with Defendant to receive d NVOASNNOd JaNnon omn -/iHlq no 90:1114V ! - loo zo v'?:i?1 J.3i4? partial physical custody of the child at such times as the parties agree. 3. The aforesaid custody conciliation conference is scheduled for Monday, October 14, 2002, at 9:30 a.m., on the fourth floor of the Cumberland County Courthouse, before Custody Conciliator Jacqueline M. Verney, Esquire. Both parties are directed to be at the conference, and the child shall also be brought to the conference. Kara W. Haggerty, Esquire 8 South Hanover Street Suite 204 Carlisle, PA 17013 For the Plaintiff Jessica M. Miller, Pro Se 215 East King Street Shippensburg, PA 17257 Defendant Jacqueline M. Verney, Esquire Custody Conciliator wcy By the Court, OCT 4v4"'2002 BRIAN J. ZYGMUNT, Plaintiff V. JESSICA M. MILLER, Defendant : 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 15;,. day of Qc. 40 rS' , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 25, 2002 is hereby vacated. The Order of Court dated September 26, 2002 shall remain in full force and effect with the following additions and modifications: 2. 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. 3. Father shall have primary physical custody of the Child. 4. Mother shall have periods of partial physical custody as follows: A. Alternating weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m. beginning October 18, 2002. B. Such other times as the parties agree including holidays. 5. Neither party shall remove the Child from the jurisdiction without prior notice to the other party of the location, address and telephone number. 6. 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. Transportation shall be shared such that the receiving party shall transport the Child. C!1 :t E0 p 8. Neither party shall partake in illegal drugs or drink to the point of intoxication while the Child is in their custody. 9. 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. J. esley Oler, if-', cc: Kara W. Haggerty, Esquire, Counsel for Father Jessica M. Miller, pro se 215 East King Street Shippensburg, PA 17257 "' U 1 4 2002 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 PRIOR JUDGE: J. Wesley Oler, Jr., 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 October 14, 2002, with the following individuals in attendance: The Father, Brian J. Zygmunt, with his counsel, Kara W. Haggerty, Esquire and the Mother, Jessica M. Miller, pro se. 3. Prior Orders of Court were entered by the Honorable J. Wesley Oler, Jr. dated August 25, 2002 and September 26, 2002. The August 25, 2002 Order provided for shared legal and physical custody of the Child. The September 26, 2002 Order found the defendant in contempt of the August 25, 2002 Order and transferred primary physical custody to Father, with Mother having periods of partial physical custody as agreed by the parties. 4. The parties agreed to the entry of an Order in the form as attached. I a - i LI -v -?- Date ac eline M. Verney, Esquire Custody Conciliator BRIAN J. ZYGMUNT, PlaintifVRespondent V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2002-3513 CIVIL TERM JESSICA M. MILLER, : CIVIL ACTION - LAW Defendant/Petitioner IN CUSTODY PETITION FOR CONTEMPT PETITIONER, JESSICA M. MILLER, by and through her counsel, Aaron J. Neuharth, Esquire, of the Law Offices of LopezNeuharth LLp, states the following: Petitioner is the above-named Defendant, Jessica, M. Miller, hereinafter referred to as the mother, who currently resides at 418 East Bald Eagle Street, Lock Haven, Pennsylvania 17745. 2. Respondent is the above-named Plaintiff, Brian J. Zygmunt, hereinafter referred to as the father, who is believed to reside at 236 North Baltimore Avenue, Apt. 7, Mt. Holly Springs, PA 17065. 3. The above-named parties are the natural parents of Ashton Joseph Zygmunt, born December 1, 2001. 4. A custody order was entered on August 25, 2002. A subsequent order of Court incorporated a September 26, 2002 Order of Court. The current Order of Court which was entered on October 15, 2002, granted the mother shared legal custody and a schedule of partial physical custody every other weekend. A copy of the Order is attached and incorporated herein by reference. 5. The father is in contempt of the Court's Custody Order for reasons including the following: a.) Since approximately November 2002, the father has willfully denied the mother her weekend periods of physical custody. When the mother attempted to see the child on her scheduled weekend after a support conference held on April 30, 2003, the father stated that the mother would have to take him to court in order to make him follow the current Order. b.) The mother has made several attempts to pick up or to arrange to pick up the child on her court-ordered weekends, but the father has repeatedly refused to let the child go with the mother, even after the mother had driven several hours to pick up the child. Father is often deliberately not present when the mother arrives to pick up the child on her scheduled weekends. c.) The father has resisted mother's attempts to continue a loving parent/child relationship by interfering with the mother's attempts to make contact with the child. d.) The father has refused to notify the mother about the child's developmental progress and is not following the shared legal provisions of the Order. The father exerts great effort to unreasonably deny the mother access to information relating to the child. 6. The father has consistently acted contrary to the child's best interests for reasons including, but not limited to, the following: a.) The child's best interests will be served if he reestablishes the bond with his mother that has deteriorated as a result of the father's actions. The child's best interests will not be served if he is further prevented from enjoying the normal parent/child relationship with his mother. b.) The father has demonstrated that he is the parent who is least likely to encourage and facilitate a loving relationship with other parent. 7. The mother requests that the Court order the father to comply with the current Order of Court and allow the alternating weekend partial custody schedule to resume. 8. Without this Court's immediate intervention, the child will be harmed by further denial of contact with his mother. The mother fears that the adverse affects of the unchecked parental alienation will result in harm to the child. WHEREFORE, Petitioner respectfully requests the following; a.) That a hearing be held and the father be found in contempt of this Court's Custody Order; b.) That the Court schedule a hearing or custody conciliation conference to deal with the custody issue. Petitioner also requests any other relief this Court deems just and proper. Respectfully submitted, Aaron Neuharth, Esq. Attorney for :Defendant/Petitioner LOPEZNEUHARTH LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 VERIFICATION I verify that the statements made in the foregoing Stipulation 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 unworn falsification to authorities. Date: (9-&-03 i/+it ///.OOi.i es )ca M.. Miller N ? I IL BRIAN J. ZYGMUNT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-3513 CIVIL ACTION LAW JESSICA M. MILLER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday June 24, 2003 , 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 Tuesday, July 22, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. 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. FOR THE COURT, By: /s/ Jacqueline M. Verney. Esq• L Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 o?. ? ?' ? ?s?° ? `d?t??USt??gy?(1? -,-? tan; c,? JULL 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 day of _ 1 y 2003, upon consideration of the attached ustody 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. LC Z ] C1. ,_ c 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`h 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. cc,?,Kara W. Haggerty, Esquire, Counsel for Fithe baron Neuharth, Esquire, Counsel for Mother J RCS r7 _a- 63 n11 IrTr n?rmT JUL 003 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 PRIOR JUDGE: J. Wesley Oler, Jr., 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: 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 July 22, 2003, with the following individuals in attendance: The Father, Brian J. Zygmunt, with his counsel, Kara W. Haggerty, Esquire and the Mother, Jessica M. Miller, with her counsel, Aaron Neuharth, Esquire. 3. Prior Orders of Court were entered by the Honorable J. Wesley Oler, Jr. dated August 25, 2002, September 26, 2002 and October 15, 2002. The August 25, 2002 Order provided for shared legal and physical custody of the Child. The September 26, 2002 Order found the defendant in contempt of the August. 25, 2002 Order and transferred primary physical custody to Father, with Mother having periods of partial physical custody as agreed by the parties. The October 15, 2002 Order provided for shared legal custody with Father having primary physical custody and Mother having alternating weekends. 4. Mother filed a Contempt Petition alleging denial of her alternating weekends. Father claimed he was not informed of the location where the Child was to be taken and appropriately denied Mother access to the Child pursuant to the Court Order of October 15, 2002. The Conciliator recommends that the Contempt Petition be denied. The parties agreed to the entry of an Order in the form as attached. Date cqu ne M. `Verney, Esquire Custody Conciliator BRIAN J. ZYGMUNT, Plaintiff/Respondent V. JESSICA M. MILLER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2002-3513 CIVIL, TERM CIVIL ACTION - LAW : IN CUSTODY PETITION FOR CONTEMPT PETITIONER, JESSICA M. MILLER, by and through her counsel, Aaron J. Neuharth, Esquire, of the Law Offices of LopezNeuharth LLP, states the following: Petitioner is the above-named Defendant, Jessica, M. Miller, hereinafter referred to as Mother, with a current mailing address of P.O. Box 174, Lamar, PA 16848. 2. Respondent is the above-named Plaintiff, Brian J. Zygmunt, hereinafter referred to as Father, who is believed to reside at 236 North Baltimore Avenue, Apt. 7, Mt. Holly Springs, PA 17065. The above-named parties are the natural parents of Ashton Joseph Zygmunt, born December 1, 2001. 4. A custody order was entered on August 25, 2002. A subsequent Order of Court incorporated a September 26, 2002 Order of Court. A third Order of Court was entered on October 15, 2002 which granted Mother shared legal custody and a schedule of partial physical custody every other weekend. The current Order of Court was entered on July 24, 2003 as a result of a petition for contempt filed by Mother. Father had refused to allow Mother to have almost any contact with the child, forcing Mother to file a petition for contempt. (See attached exhibit "X'). The July 24, 2003 Order amended transportation issues to say that Maternal Grandmother was to transport the child for a three month period and thereafter the parties were to agree to permit other licensed drivers to transport the child. A copy of the July 24, 2003 Order is attached and incorporated herein by reference. 6. Father is again in contempt of the Court's Custody Order for reasons including the following: a.) Since approximately November, 2003 Father has refused to allow Maternal Grandmother to pick up the child on three different occasions forcing Mother to give up those weekend periods of custody. The first incident was in November, the second on December 12, 2003, and the final time on January 10, 2004. b.) Father has refused to let the child go on weekend visits with Mother when Mother is not present to pick up the child. He has informed Mother that, according to the July 24, 2003 court order, Mother must be present in order to pick up the child. The Order makes no such requirement, and Father's misstatements in regard to the July 24, 2003 Order amount to no more than a knowing and willful refusal to follow the court ordered custody arrangement. c.) On December 12, 2003, Father did not call Mother until one hour before the child was to be picked up by Maternal Grandmother and informed Mother that he would not let the child go unless Mother was present, knowing that Mother- lives three hours away. d.) Prior to November, 2003, Father had regularly followed the July 24, 2003 Order in allowing Maternal Grandmother to pick up the child without any incident or problem. e.) On February 6, 2004, Mother drove for three hours to Father's home at which time Father told Mother he would not let the child go with Mother for that weekend. f.) Mother's next scheduled visit was for February 20, 2004, at which time Father again denied Mother's attempt to pick up the child for the weekend. g.) Father has resisted and continues to resist Mother's attempts to continue a loving parent/child relationship by interfering with Mother's attempts to make contact with the child. 7. Father has consistently acted contrary to the child's best interests for reasons including, but not limited to, the following: a.) The child's best interests will be served if he continues to establish the bond with his mother that has deteriorated as a result of Father's actions. The child's best interests will not be served if he is further prevented from enjoying the normal parent/child relationship with his mother. b.) Father has demonstrated that he is the parent who is least likely to encourage and facilitate a loving relationship with other parent. 8. Father's constant contemptuous behavior has resulted in great emotional stress and financial harm to Mother. 9. Mother requests that the Court order Father to comply with the current Order of Court and allow the alternating weekend partial custody schedule to resume. 10. Without this Court's immediate intervention, the child will be harmed by further denial of contact with his mother. Mother fears that the adverse affects of the unchecked parental alienation will result in harm to the child. WHEREFORE, Petitioner respectfully requests the following: a.) That a hearing be held and Father be found in contempt of this Court's Custody Order; b.) That Father be required to follow the Custody Order currently in place; and c.) That Father be required to pay mother's attorney's fees and a fine to the Court as the Court so desires for his continued contempt of the present and prior Court Orders. Petitioner also requests any other relief this Court deems just and proper. Respectfully submitted, Aaron Neuharth, Esq. Attorney for Defendant/Petitioner LOPEZNEUHARTH LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717)258=9991 VERIFICATION I, Aaron Neuharth, Esquire, verify that the statements contained in the above Petition are true and correct to the best of my knowledge. The information is based upon a conversation with Defendant/Petitioner, Jessica M. Miller. This verification is made pursuant to Rule 1024(c)(2) of the Pennsylvania Rules of Court since Petitioner is out of Cumberland County and her verification cannot be obtained in a timely manner. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: on Neuharth, Attorney f-o-rD--eTe-nffaTfJ Law Offices of LopezNeuharth, LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 Petitioner's Exhibit "A" BRIAN J. ZYGMUNT, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2002-3513 CIVIL TERM ? ' (7 Cj JESSICA M. MILLER, : CIVIL ACTION - LAW Defendant/Petitioner - IN CUSTODY PETITION FOR CONTEMPT PETITIONER, JESSICA M. MILLER, by and through her counsel, Aaron J. Neuharth, Esquire, of the Law Offices of LopezNeuharth LLP, states the fallowing: Petitioner is the above-named Defendant, Jessica. M. Miller, hereinafter referred to as the mother, who currently resides at 418 East Bald Eagle Street, Lock Haven, Pennsylvania 17745. Respondent is the above-named Plaintiff, Brian J Zygmunt, hereinafter referred to as the father, who is believed to reside at 236 North Baltimore Avenue, Apt. 7, Mt. Holly Springs, PA 17065. 3. The above-named parties are the natural parents of Ashton Joseph Zygmunt, bom December 1, 2001. 4. A custody order was entered on August 25, 2002. A subsequent Order of Court incorporated a September 26, 2002 Order of Court. The current Order of Court which was entered on October 15, 2002, granted the mother shared legal custody and a schedule of partial physical custody every other weekend. A copy of the Order is attached and incorporated herein by reference. 5. The father is in contempt of the Court's Custody Order for reasons including the following: a.) Since approximately November 2002, the father has willfully denied the mother her weekend periods of physical custody. When the mother attempted to see the child on her scheduled weekend after a support conference held on April 30, 2003, the father stated that the mother would have to take him to court in order to make him follow the current Order. b.) The mother has made several attempts to pick up or to arrange to pick up the child on her court-ordered weekends, but the father has repeatedly refused to let the child go with the mother, even after the mother had driven several hours to pick up the child. Father is often deliberately not present when the mother arrives to pick up the child on her scheduled weekends. c.) The father has resisted mother's attempts to continue a loving parent/child relationship by interfering with the mother's attempts to make contact with the child. d.) The father has refused to notify the mother about the child's developmental progress and is not following the shared legal provisions of the Order. The father exerts great effort to unreasonably deny the mother access to information relating to the child. 6• The father has consistently acted contrary to the clvld's best interests for reasons including, but not limited to, the following: a.) The child's best interests will be served if he :reestablishes the bond with his mother that has deteriorated as a result of the father's actions. The child's best interests will not be served if he is further prevented from enjoying the normal parenit/child relationship with his mother. b.) The father has demonstrated that he is the parent who is least likely to encourage and facilitate a loving relationship with other parent. The mother requests that the Court order the father to comply with the current Order of Court and allow the alternating weekend partial custody schedule to resume. 8. Without this Court's immediate intervention, the child will be harmed by further denial of contact with his mother. The mother fears that the adverse affects of the unchecked parental alienation will result in harm to the child. WHEREFORE, Petitioner respectfully requests the following: a.) That a hearing be held and the father be lbund in contempt of this Court's Custody Order; b.) That the Court schedule a hearing or custody conciliation conference to deal with the custody issue. Petitioner also requests any other relief this Court deems just and proper. Respectfully submitted, Aaron Neuharth, Esq. Attorney for Defendant/Petitioner LOPEZNEUHARTH LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 VERIFICATION I verify that the statements made in the foregoing Stipulation 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 unswom falsification to authorities. Date: ?9 - (y - 03 c 0?/iS es 'ca M. Miller C ?`?, ? m r s C N ? c? r -n m -TI ?t BRIAN J. ZYGMUNT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA M. MILLER DEFENDANT 02-3513 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 10, 2004 , 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 Monday, April 05, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. 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. FOR THE COURT, By: /s/ Jacqueline M. Vernev Esq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ° 71" .*V p Ai?G?, 0 S :z r?d 0 1 \UN' U9Z APR 0 5 2004 V 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 -1 day of or: I , 2004, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: The prior Orders of Court dated September 26, 2002 and July 24, 2003 are hereby vacated. 2. Mother's Petition for Contempt is held in abeyance. Mother may pursue the contempt matters in the future if Father intentionally violates the Order of Court. 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 as follows: A. Alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. B. In addition to alternating weekends, Mother shall be entitled to physical custody of the Child as make up time, from Friday, April 9, 2004 at 6:00 p.m. to Sunday, April 11, 2004 at 3:00 p.m. and Friday, April 23, 2004 at 6:00 p.m. to Sunday, April 25, 2004 at 6:00 p.m. C. 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. Mother shall always notify Father of the location, address and telephone number where the Child will be spending the weekend. 1.1? r ij heal ,?, a.1 J0 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 a.m. to 3:00 p.m. and in even numbered years, Mother shall have physical custody of the Child from 3:00 p.m. to 9:00 p.m. Father shall have physical custody of the Child in odd numbered years from 3:00 p.m. to 9:00 p.m. and in even numbered years Father shall have physical custody of 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 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 sh,ril have the earlier time in odd numbered years and the later time in even numbered years. 10. Memorial Day, July 4 h 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 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. The 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. Mother shall be responsible for all transportation. Grandmother may transport the Child without Mother being present. Mother shall accompany any other licensed driver transporting the Child. Father is permitted to secure the Child in the driver's car to assure that the car seat is operable without interference from the people transporting the Child. 16. Neither party shall partake in illegal drugs or drink to the point of intoxication while the Child is in their custody. 17. 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. cc: Aaron Neuharth, Esquire, Counsel for Mother Brian J. Zygmunt pro se 236 North Baltimore Avenue Apartment 7 Mt. Holly Springs, PA 17065 RV THE C'CUTRT BRIAN J. ZYGMUNT, Plaintiff V. JESSICA M. MILLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2002-3513 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 April 5, 2004, with the following individuals in attendance: The Father, Brian J. Zygmunt, pro se, and the Mother, Jessica M. Miller, with her counsel, Aaron Neuharth, Esquire. 3. Prior Orders of Court were entered by the Honorable J. Wesley Oler, Jr. dated August 25, 2002, September 26, 2002 and July 24, 2003. The August 25, 2002 Order provided for shared legal and physical custody of the Child. The September 26, 2002 Order found the defendant in contempt of the August 25, 2002 Order and transferred primary physical custody to Father, with Mother having periods of partial physical custody as agreed by the parties, The July 24, 2003 Order provided for shared legal and primary physical custody with Father and Mother having a period of supervised visits, then alternating weekends. Mother filed a Petition for Contempt alleging Father failed to turn over the child for several of her weekend periods. Father had explanations for some of the weekends, for example, no appropriate car seat or failure to provide an address. The parties agreed to providing Mother with two additional weekends as a compromise. However no determination was made on the Contempt Petition. 4. The parties agreed to the entry of an Order in the form as attached. Date acq eline M. Verney, Esquire Custody Conciliator BRIAN J. ZYGMUNT, Plaintiff vs. JESSICA M. MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - 3513 Civil Term ACTION IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Jessica Miller, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Jessica Miller, Petitioner, (hereinafter referred to as "Mother"), is the above- named Defendant, and is an adult individual currently residing at 1324 Pine Road, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Brian J. Zygmunt, Respondent, (hereinafter referred to as "Father"), is currently residing on Trine Ave., Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 3. The parties are the natural parents of one child, namely, Ashton J. Zygmunt, born December 1, 2001. 4. The parties are subject to an Order of Court dated July 24, 2003, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 5. The current custody Order only provides mother with supervised custody on alternating weekends. 6. Since the entry of the prior Order in 2003, the child has matured, and Mother's circumstances have substantially improved. 7. Father has not voluntarily offered Mother additional periods of partial custody. 8. Mother is requesting expanded periods of partial custody, in her home. 9. Mother believes it would be in the child's best interest to have additional contact with her and her other child, Lily who is one year old. 10. It is believed and averred that the best interest and permanent welfare of the child will be promoted by changes proposed in this custody petition because the proposed changes will allow for regular consistent, and ongoing contact with Mother. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the child. Date: /?bo9 Respectfully submitted, e Adams; Esquire No.79465 7 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF JUL 03 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 CNA day of , 2003, upon _3? consideration of the attached Custody Conciliatio eport, 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 membered 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 NovemL-ei 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, YVI a I POL.), - J. )Klesley Oler, Jr J. cc: Kara W. Haggerty, Esquire, Counsel for Father Aaron Neuharth, Esquire, Counsel for Mother TRUE COPY in Testimony whereof, id CI a seal of z1:.-d4-'t7 FROM RECORD d I here unto set my an Hurt at CarVisle, Pa. J U L a BRIAN J. ZYGMUNT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA M. MILLER, Defendant :2002-3513 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 July 22, 2003, with the following individuals in attendance: The Father, Brian J. Zygmunt, with his counsel, Kara W. Haggerty, Esquire and the Mother, Jessica M. Miller, with her counsel, Aaron Neuharth, Esquire. 3. Prior Orders of Court were entered by the Honorable J. Wesley Oler, Jr. dated August 25, 2002, September 26, 2002 and October 15, 2002. The August 25, 2002 Order provided for shared legal and physical custody of the Child. The September 26, 2002 Order found the defendant in contempt of the August 25, 2002 Order and transferred primary physical custody to Father, with Mother having periods of partial physical custody as agreed by the parties. The October 15, 2002 Order provided for shared legal custody with Father having primary physical custody and Mother having alternating weekends. 4. Mother filed a Contempt Petition alleging denial of her alternating weekends. Father claimed he was not informed of the location where the Child was to be taken and appropriately denied Mother access to the Child pursuant to the Court Order of October 15, 2002. The Conciliator recommends that the Contempt Petition be denied. 5. The parties agreed to the entry of an Order in the form as attached. Date cqu ne M. Verney, Esquire Custody Conciliator VERIFICATION I verify that the statements made in this Petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Jos ica M' ler, Mother jl FLED-O`"*tCiVE F ?Nc P^'l''_ .n'ARY 2009 DEC 10 PM 1: IS $ 10.00 Pty AT`t'y cv-* 511(, tzT* a3y 840 BRIAN J. ZYGMUNT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2002-3513 CIVIL ACTION LAW JESSICA M. MILLER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, December 14, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, January 19, 2010 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 F!l FG-4,)rFIGE OF THE: PFD G i°,, OTARY 2009 DEC {5 Pik 2' 20 fly &4- y rri,b,,, -qv t 41 .. ey per -. C4py UCa j-'j s. ',IAN 2 0 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 day of T7.-? v v 71 , 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. r , of the Cumberland County Court House, on the Z?cl day of b6 J , 2010, at 6 o'clock, ?. M., at which time testimony will taken. For purposes of &s 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. 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. cc: e Adams Esquire, counsel for Mother Brian J. Zygmun, pro se 22 Trine Avenue Mt. Holly Springs, PA 17065 nn LL BY THE COURT, 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 PRIOR JUDGE: J. Wesley Oler, Jr., 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 J. Zygmunt December 1, 2001 Father 2. A Conciliation Conference was held January 20, 2010 with the following individuals in attendance: The Mother, Jessica M. Miller, with her counsel, Jane Adams, Esquire, and the Father, Brian J. Zygmunt, pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated July 24, 2003 providing for shared legal custody, Father having primary physical custody and Mother having alternating weekends and holidays. 4. Mother's position on custody is as follows: Mother seeks shared legal and shared physical custody on a week on/week off basis. Mother asserts that her situation has stabilized and that the child would benefit from a closer relationship with his half brother. 5. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody but is willing to expand the time that Mother has with the child. He believes that child is stable with the current custody arrangement. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting Mother extended periods of physical custody during the school year and shared physical custody during the summer. It is expected that the Hearing will require one-half day. l Zrr -/ o Date Jac line M. Verney, Esquire Custody Conciliator JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esdadams©gmail.com BRIAN J. ZYGMUNT, Plaintiff, V. JESSICA M. MILLER, Defendant FILrEr- ,U A©y/ (?P t_ ^? 2010 MAR 31 AM 9: 32 Pt f v E?t:l NS'i i.:V?o1!! F + A . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002 - 3513 Civil Term CIVII. ACTION - LAND IN CUSTODY STIPULATION AND AGREEMENT WHEREAS, the parties are the natural parents of Ashton J. Zygmunt, born December 1, 2001, and there is currently a custody hearing scheduled before this Honorable Court for April 15, 2010; The parties hereby stipulate: 1. The parties agree to the provisions of the Orders entered January 20, 2010, and July 24, 2003. 2. Due to the parties' agreement, there is no need for further hearing and the custody hearing scheduled for April 15, 20i 0 at 9:30 a.m. may be cancelled. WITNESSETH: 3-ZSly Brian J. yg u r /Yessica M. Miller, Mother ' v