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Home My WebLink About94-05473 " .j, N .t) , 7 ~. N J J " N). f' ~ LO , a:: / o <; i .~.~.~.~~..~..~.~.~..~..~.*..~.~..~.~.~.~.~..~.~**.~***~~~~ ~ --. -- . --. .."' .... -- .. '" -.' "' - ~,.. . ._"._-- - ~ ~ ~ ~. ~i . , ~; , ~: ~I ~! " ~ ~ ~ IN THE COURT OF COMMON PLEAS ~ ~! , , OF CUMBERLAND STATE OF '* COUNTY PENNA. ~:, . ! ~! , \ ~I ~! ~ '" '" Zeigler, Lauren S. N (). ... 9~-:-547] ".............', 11)! Plaintiff Vl'r:..1I:1 Eric L. Zeigler, (0/ h 6L- /Cl,,,kC (' ....... Defendant ~i '.". ~I :'1 ~' , , ...1 fl., , , ~; , , DECREE IN DIVORCE ~i '( ..,r ~I ..' ...1 ~l ~l AND NOW, ' , . , , , , , , , . , , , , " , , . , . , , '.' " 19,."", It Is ordered and decreed that,.""", ~,al~~~n. ,s~. ~,ei'1~!".r.,..""",...,..,." plaintiff. and"", """""". .F;d~. ,1", z,d91p.r.",.."",..."",.., defendant, are divorced from the bonds of matrimony. ~ ~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ .................. ........... ......... .............. ."..,.. I.... ............ . ... I .......... .... ...... ....... ......... I..... ."" .... ~ ~ ..' Dy Th. c () U r t : ~I ~l! ~ , 1 ~: .:1 ~! .. - ..~;: ... .:-;. .:.:. Alt..I: Prothonotary .. ~ ~ ~ " ~ ~ ~ ~ ~ 8 ~ ~ ~ ~ ~ ,~ ~ ~ ~ ~ ~ ,;, " ,;, " ~ .~ ~ ~ '.' ~ (~ ,.'. 1M I' i~ ~ ~ ~ I~ I..' J, ~~ , . '~ :'~ },', ):!- . -..., - ~ - - - ~ .~.~~..~~*.~.~..~.*.~.*.~..~.~..~~..~~..~*~.~:..~~.~. LAUREN S. ZEIGLER. Plainliff, : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : CIVIL ACTION - LAW : NO, 94-5473 CIVIL 1994 ERIC L. ZEIGLER, Defendant, : IN DIVORCE, CUSTODY. : EQUITABLE DISTRIBUTION CERTIFICATE OF SERVICE I, Damon C, Hopkins, Certilied Lcgallntern, Family Law Clinic, hereby certify that I have served a true and correct copy of said Divorce Complain! on Eric L. Zeigler, residing at 7073 Carlisle Pike, Lot 92. Carlisle, PA 17013, by depositing a copy of the same in the United Stales mail, certilied, reslricted delivery, relurn receipt requesled, postage prepaid, this 28lh day of September, 1994. . .') /~/15 ~'-.-- ( ,/ /"-/. 'c---". DAMON C. HOPKINS~ Certilied Lcgallntern *.~.~.~.~.~.*.~*.~.~.~,.~*.~.~,.~.~~.~~.~.~~.*~.~..~-~~ ~ -- '" ,--.."' . ,. - '- ..,----..."1 ~ ~ 8 ~ ~ j!' ,;,i ~I ~; i ~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF ~~ PENNA. ~) , i ~i ','\ , i ~\ "'1 ~{ ~.' ( ~i , , ~! ~I ~I ~j . i ~~ , , Lauren S. Zeigler, :\ o. 94-5U,3 .....,.. 19 Plaintiff \"1.'1';';11."'; Eric L. Zeigler, Defendant DECREE IN DIVORCE , , ill '1 ~i , /'h,G\<l' ',)L .. AN 0 NOW, . . , , . , , , , , ,. ""." ,. , , , , . " 1 9 ,< J , ~. '. it is ordered and decreed that""",. ,~~~r,e:~. s.-, ,~~~9,ll7:!...,.,...,.""..". plaintiff, and. . , , , , . , , , . . , . , , , ,~.r,~C?, ~'" ,~'i'~.9,l.qt I. , , , , . , . , , , . , . . , , , , " defendant. are divorced from the bonds of matrimony. ~ .', ~ ~I ~ ~l ~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; \ ." ~ ~ ~l "l ~' .....,.......,.... ,.'.......,..,...,. ...,....'... .........,...."..,... ... ~ ~ ~ Dy The Court: , , , I (' l, , , '- ,.~ .\ ) i L ";J Attest: ":../.... .,'.... ,~.., /'., ,// ." . -"r /~J ..~ -. ""'.k t''-~'V~'', /.~... .' "".~7 . .t.): "'.;;;'.-',.'.( ~ ~~<''<' )~ / Prothonotary ~ ~ .~ ~ .'1 ~I ~I ~I ~.. .... oJ...:. .:.:;. .:.:. .~:. . .' ~ ,~,~~.~.~~,~,~.~.~.,~.,~.~,.~..~~'~.,~.~..~~. ~ " 8 ~ ~ ~ 8 8 .. " ~ .. ... ~ ~ ~ ~ ~~ 8 ~ ~ W 1 ' I' (~ ~ .~ ,;, " ,;, " ~ !: i: i~ )',' (~ .... I' .~ , . ~ I~ ',~ , ' * ~ ~ ~ :!. s J(, ~s- u ~ f. Ct'tj />/,;.Jlt; t; ~.:;I.L'-f ....~._, .5 3() .5'$ -r.C"T~t 111o'-.JI ~..t;J/ 'rf"'AJ~, :LP P ~ (",,, ^ 7 1P 55 J{ !Jut:- (c,. .r / if ll--''''' A. . ~ t, .;f '~~'~ ~~f"'_ f ~',:': h ' r' . ", , l' . r " " I I · ,. . \~ '- .. , '. POST-NUPTIAL AGREEMENT made this /h~ 1995, by and between Eric L. AGREEMENT ~ day of ~ C(..tA. Zeigler, (herei}after called "Husband") and Lauren S. Zeigler, (hereinafter called "Wife"). WIT N E SSE T H : WHEREAS, the Parties hereto are Husband and Wife, having been married on August 18, 1990 in Carlisle, Cumberland County Pennsylvania. WHEREAS the Parties are the parents of one child, Holly Lee Zeigler, born June 16, 1990; and WHEREAS, diverse unhappy differences, diaputes and difficulties have arisen between the Parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the Parties hereto are desirous of settling fully and finally the respective financial and property rights and obligations as between each other, including without limitation: 1. The settling of all matters between theln relating to ownership and equitable distribution of real and personal property; 2. The settling of all matters between them relating to past, present and future support, alimony and/or maintenance of Husband and Wife or Wife by Husband; 1 .. 3. In general, possible claims by respective estates. MOW THEREPORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the Parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: the settling of any and all claims and one against the other or against their 1. AGREEMENT NOT PREDICATED UPON DIVORCE: It is specifically understood and agreed by and between the Parties hereto, and each of tbe Parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any Agreement for the institution, prosecution, defense or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the Parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other party, or from making any just or proper defense thereto. 2. EPPECT OF DIVORCE DECREE: otherwise specifically provided 2 The Parties agree that unless herein, this Agreement shall .. continue in full force and effect after such time as a final decree in divorce may be entered with respect to the Parties. 3. AGREEMERT TO BE IRCORPORATED INTO DIVORCE DECREE: The Parties agree that the terms of this Agreement shall be incorporated by reference with respect to, but not merged into, any Divorce Decree which may be entered with respect to them. 4. ADVIC~ OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the Parties by their respective counsel. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 5. MUTUAL RELEASE: Husband and wife each do hereby mutually remise, release, quitclaim, and forever discharge the other in the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the 3 .. estate of such other, or whatever nature and whatsoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or widows or widowers rights, family exemptions or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of pennsylvania, any state, commonwealth or territory or the united States, or any other country, or any right which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any part thereof. It is the intention of Husband and Wife to give each other by the execution of the Agreement a full complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4 . 6. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they will divide the marital property, as of the date of this Agreement, including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Husband agrees that all the property in the possession of Wife on the date this agreement is executed shall be the sole, separate property of the Wife; and Wife agrees that all of the property in this possession of the Husband on the date that this agreement is executed shall be the sole, separate property of Husband; irrespective of the foregoing provisivns, Wife hereby agrees to set over, transfer and assign all of her right, title and interest to the parties' 1979 Chevrolet Malibu automobile. By these presents, each of the Parties does hereby specifically waive, release, renounce and forever abandon whatever claims he or she may have with respect to any of the above items which are the sole and separate property of the other from the date of execution hereof. 7. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the Parties shall hereinafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after March 27, 1993 with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 8. REAL PROPERTY: The Parties own a mobile home located at 7073 Carlisle Pike, Lot 92, Carlisle, Pennsylvania. All r~ght, 5 ~ title and interest to that mobile home shall hereafter be vested in Husband, exclusively. Husband shall also be exclusively responsible for any ground rent associated with the mobile home. 9. LIABILITIES: Husband shall be exclusively responsible for payment of the following marital debts: 1. The mortgage and underlying note therefor on the mobile home (mortgagee: Greentree Finance Corporation; account number 32301385); Discover credit card, account number 6011002742004906; Sears credit card, account number 556182562417; Husband shall indemnify Wife for any payment that she makes on these debts, from the date of execution of this agreement forward. Husband will also hold Wife harmless from any liability incurred on any of the debts mentioned in this paragraph, from the date of execution of this agreement forward. Wife shall destroy her copies of the credit cards mentioned in this paragraph, upon execution of this agreement. Further, Wife shall not procure additional debt on the credit cards mentioned herein or otherwise cause the balance of those credit cards to increase beyond the balances due on these credit cards as of the date of execution of this agreement. If Wife fails to destroy her copy of the aforedescribed credit cards, or if Wife at any time after execution of this agreement causes the debt on any of the credit cards to be increased, Husband shall no longer be exclusively responsible for payment of the balance due on the credit cards, nor will Husband be obligated to indemnify Wife or hold her harmless from liability arising from the credit cards. 6 The Parties acknowledge that a certain obligation to PNc Bank, incurred during the time of their marriage, has been fully paid prior to execution of this agreement. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each Party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other Party may be responsible or liable except as may be provided for in this Agreement. Each Party agrees to indemnify or hold the other Party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each covenant, warrant, repr6sent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after October 15, 1991 except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever of which the estate of the other may be liable. 12. WAIVER OF ALIMONY, SUPPORT AND MAINTENANCE: Husband and Wife do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. It shall be from the date of execution of this agreement, the sole responsibility of each of the respective 7 parties to sustain themselves without seeking any support from the other party. The parties hereby acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support in the station of life in which they are accustomed. 13. PENSION AND LIFE INSURANCE: Husband and Wife hereby agree that each shall be granted all right title, and interest in any pension and any life insurance in which either has any sort of ownership or other interest, and that each party herein waives any and all right they have to the other party's pensions as hereinbefore stated. 14. CHILD CUSTODY AND CHILD SUPPORT: The Parties acknowledge the presence of a child custody order regarding their daughter, Holly Lee Zeigler, born June 16, 1990. The Parties acknowledge that the order regarding custody of Holly Lee Zeigler was entered by the Cumberland County, Pennsylvania Court of Common Pleas, to action number 94-5473 Civil Term, on January 4, 1995. The Parties acknowledge that the aforedescribed Court order governs custody of Holly Lee Zeigler, and that the aforedescribed order is modifiable as provided by Pennsylvania law. Regarding support for Holly Lee Zeigler, the Husband is currently paying child support of $25.00 per week (or $108.00 per month) directly to Wife for the support of Holly Lee Zeigler. The child support obligation articulated in 8 this paragraph is modifiable to the extent permitted by Pennsylvania law. 15. OTHER DOCUMENTATION: Wife and Husband covenant and agree that thsy will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement in order to carry out fully and effectively the terms of this Agreement. Time is of the essence with respect to execution of documents as described in this paragraph. Therefore, when one party requests that the other execute or assist in the execution of, any document that would effectuate the purposes of this agreement, the party to whom the request was made shall fully comply no later than 30 days after the date of the request. 16. FULL DISCLOSURE: Wife and Husband hereby represent that they have fully and completely disclosed to the other Party all property owned or possessed by them and all debts for which they are now or may in the future be liable, at the time this action was commenced, at the time one month prior to the signing of this Agreement, and that they have also disclosed to the other party all property transferred by them within the preceding three (3) years. 17. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the Parties. There are no representations, warranties, covenants or undertakings other than as expressly set forth herein. 9 .. 18. WAIVER OR MODIFICATION TO BE IN WRITING: No modification nor waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 19. LAW or PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 20. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successor.s and assigns. 21. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any Party to meet his or her obligations under anyone or more of the paragraphs herein with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the Parties. 22. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not 10 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND 1/".;1 (11/1~ On this the ,-( day of , I , 1995, before me, a Notary Public in and for said C onwealth and County, personally appeared LAUREN A. ZEIGLER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IT WITNESS WHEREOF, I hereunto set my hand and official seal. L ,/) ,J '--1/;: Ib 7U: Lik ~ 'Utl~ '---" Notary Public ' My (S' , mm,l.ss~AIIAtii~s: bl' L~R KN<iVilfmCtiofuryPtJ .t Carlisi. cumberland Cour,ty '. Mf~sloi. EJcplros Navambo, 9, \9'" COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF D..UPflIN On this the I, ./, day of ;"''.:.L ' 1995, before me, a Notary Public in and for said Commonwealth and County, personally appeared ERIC L. ZEIGLER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IT WITNESS WHEREOF, I hereunto set my hand and official seal. 1./ I.', Notary Public J , , " /1 My Commission Expires: (SEAL) Notarial Seal Diane K, Kum, Notary Public Harrisburg, Dauphin County My CommisSion E'Plles Sept. 12, 199B _ f'em5vlWln<a Asso,;.1OOn nI NoCar<lS - .- ~, -~ ANTHONY r ""BETH ~r1llL"nUI-\'Ii tll: ","Jim flONT 11UIf ~ltiT noul 11_~UI~.~ "4UNII~I'IH' I.... J LAUREN S. ZEIGLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN1A v. CIVIL ACTION - LAW No. 94-5473 Civil Term ERIC L. ZEIGLER, Defendant IN DIVORCE, CUSTODY AND EQUITABLE DISTRIBUTION 'j ':11 PRAECIPE TO TRANSMIT RECORD ~ 'l D1~ /6, ICjC/j , r'i m '-'.:. ~~~ ii.-, t." ,\"; :::;''' " f)~ ..' r~ ~;€ ;'::; ~;.- r~ i!S f~: 1'1 l"n I pi ,",: F' ~;; V" ."i [0" :t tiC i~ !" h" i':\ t;:,: }l~:' ;". " " TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: September 28, 1994 by certified mail (first class), return receipt requested pursuant to Pa. R. civ. P. 412. 3. Date of execution of affidavit of consent required by ~3301(c) of the Divorce Code: By Plaintiff: May 2, 1995 By Defendant: May 16, 1995 4. Related claims pending: None (A child custody count is contained in the complaint, but it was resolved by stipulation and Court Order dated January 4, 1995. An equitable distribution count has been resolved by post-nuptial agreement filed of record contemporaneously with this Praecipe.), / nthony T. M Attorney fo D fendant 407 North Fron St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 r-> L t'" r> i~ - "., , ! :/1 ~ ... UJ i:t < :c " .. - . '" <: ~ - ~ ::;; - ~ ~ ,f ... ~ <: ~ <: /. - C - ;.. "' ... - ;.. ~ ... >- ,. , - :..'. z ~ J> Q ~ '7 ~ 0 "' " ~ ;:: :: "' <: Z <: 0: , = Z ~ -<: "..- PYS510 1994-05473 Cumberland County Civil Case COMPLAINT Prothonotary's Office Page 1 Inquiry - DIVORCE Filed......... 9/26/94 1: 48 Judge Assigned: Judgment: SHEELY HAROLD E .00 PJ Superior Co Execution Date Sat/Dis/Gntd. . Jury Trial.... 0/00/00 0/00/00 ..**..................................**...**....**...........**.***............ General Index Attorney Info ZEIGLER LAUREN S PLAINTIFF PLACE THOMAS M ZEIGLER ERIC L DEFENDANT MCBETH ANTHONY T ....................**......**.................*****..................***.***... . Date Entr ies · .................................**............................................. 09/26/94 COMPLAINT - DIVORCE ADDITIONAL COUNT - CUSTODY ADDITIONAL COUNT - EQUITABLE DISTRIBUTION PETITION TO PROCEED IN FORMA PAUPERIS BILLED CO $35.00 9/27/94 ATTORNEY'S AFFIDAVIT AND AFFIDAVIT SUPPORTING PE1ITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS ORDER OF COURT HAROLD E SHEELY J CERTIFICATE OF SERVICE DEFENDANT'S MOTION FOR A HEARING REGARDING CUSTODY AND ORDER OF COURT BY SAMUEL LANDES ESQ CUSTODY CONCILIATOR AGREEMENT FOR PRIMARY PHYSICAL CUSTODY AND PARTIAL CUSTODY DEFENDANT'S PETITION FOR ENTRY OF AGREEMENT ORDER BY JUDGE HAROLD E SHEELY NOTICE GIVEN TO BOTH ATTY'S 05/19/95 PRAECIPE TO TRANSMIT RECORD AFFIDAVIT OF CONSENT - PLAINTIFF AFFIDAVIT OF CONSENT - DEFENDANT POST NUPTIAL AGREEMENT ................**......................**................**....**.............. . Escrow Information · . Fees & Debits Bea Ba1 Pvmts/Adi End Bal · ...**...***..........**...*.****,*...***.l..**..,...*.**.............**.**...... 10/05/94 10/27/94 01/06/95 IFP REIMBURSE 35.00 35.00 .00 ------------------------ ------------ 35.00 35.00 .00 *.*****..**...*********.***********.....**...******************.*.*.....****.... . End of Case Information · **********************************************************.*****.**.*********.** TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the LSllaI 01 :;; yuq r' ~tle, Pa. - Thl 1,\ da 0 \ ~, 19 'j) 1_- _, _., ,('I Pro _~''--jl)l '---, , LAUREN S. ZEIGLER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. CIVIL 1994 : <} If- S If 73 C, ,;.{ ...:J;n...'V : IN DIVORCE, CUSTODY, : EQUITABLE DISTRIBUTION ERIC L. ZEIGLER, Defendant, COUNT I COMPLAINT UNDER 23 Pa.C.S. SECTION 330Hd OR 330Hdl OF THE DIVORCE CODE The plaintiff, Lauren S. Zeigler, by her attorneys, the Family Law Clinic, sets forth the following cause of action. I. Plaintiff is Lauren S. Zeigler, who curently resides at 408 North Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, since April 1993, 2. Defendant is Eric L. Zeigler, who currently resides at 7073 Carlisle Pike, Lot 92, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on August 18, 1990 in Carlisle, Cumberland County, Pennsylvania, 5. Plaintiff and defendant have lived separate and apart since March 27, 1993. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. fl. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the marriage. COUNT II. CUSTODY 9. Plaintiff repeats and real leges paragraphs one through eight. 10. Plaintiff seeks custody of the following child: Name Present Residence Aae Holly Lee Zeigler 408 North Filbert Street Mechanicsburg, PA 17055 4 yrs. The child was born out of wedlock. The child is presently in the custody of Lauren S. Zeigler, the mother, who resides at 408 North Filbert Street, Mechanicsburg, PA 17055. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Lauren S. & Eric L. Zeigler 7073 Carlisle Pike Lot 92 Carlisle, PA 17013 6/16/90 to 3/27/93 Lauren S. Zeigler 408 North Filbert Street Mechanicsburg, PA 17055 3/27/93 to Present The mother of the child, Lauren S. Zeigler, is currently residing at 408 North Filbert Street, Mechanicsburg, PA 17055, She: is marrie:d. The: fathe:r of the: child, Eric L. Ze:igle:r, is currently residing at 7073 Carlisle Pike Lot 92, Carlisle, PA 17013, lie is married, II, The re:lationship of the plaintiff to the: child is that of mothe:r. The plaintiff curre:ntly reside:s with the following persons: Name Relationship Mark Stoner Boyfriend 12, The: relationship of defendant to the child is that of father, The defendant currently resides with the following persons: Name Relationship Unknown 13. Plaintiff has not participated as a party or witness, or in another capacity, in oth(~r litigation concerning the custody of the child in this or another court, Plaintiff has no information of a custody proceeding concerning the child pe:nding in a court of this Commonwealth, Plaintiff does not know of a person not a party to the: proceedings who has physical custody of the child or claims to have custody or visitation rillhts with respect to the child, 14, The best interest and permanent welfare of the child will be: served by granting the rclief requested because: a) Plaintiff has been primary caretaker of tbe child since hirth; b) Phlintiff provides the child with a bome with adequate moral, emotiona' and physical surroundings liS required to meet the Cllild's needs; c) Plaintiff is willing to accept custody of tbe child; d) Plaintiff continues to exercise parenta' duties and enjoys the love and affection of the child; e) Defendant has not indicatcd to plaintiff an interest in accepting custody of the child. 15, Each pllrent whose parentnl rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action, WHEREFORE, plaintiff requests the court to grunt her custody of the child, subject to visitation as the parties may agree to in the future. and such other relief as the court deems just. COUNT III, EOUITABLE DISTRIBUTION 16. Plaintiff repents and realleges paragraphs one through fifteen, 17. Plaintiff and defendant have acquired property during their marriage, including, but not limited to a Trailer home with a 15 year mortgage, Television. Video Casselle Recorder, Automobile, Loan and Credit card debts, and all other marital property and debts, WHEREFORE. plaintiff requests the court to enter a decree dividing the property equitably he tween the parties and such other relief as the court deems just. I verify that the statemelllS made in this Complaint are true and correct. I understand that false statements herein are made suhjectto the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date 7/; 1/1'/ ) ~.;/ / , ,'.d' ( . I~ i ' ';- . Damon C. Hopkins . Certilir.d Legal Intern FAMILY LAW CLINIC 4S North Pitt Street Carlisle, PA 17013 (717) 243-2968 \ tJ)JI Il);/-- ~'Place' Robert E. Rains Linda E. Fisher Supervising Attorney @ , .- It) rn ".~ J -.,.f'r) - . : I d ~ I ~ 1 ;;'j Vl ,. . ANTHONY T. Io4,BETH AlTOlNIY AT LAW &01 NOITH nom lnor IlU r IlOOI UA:.n;ftU:-""" t. un "KlHItll'111..u... ~~ . .. f ---- - ." .--- LAUREN S. ZEIGLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA plaintiff v. CIVIL ACTION - LAW No. 94-5473 Civil Term ERIC L. ZEIGLER, Defendant AFFIDAVIT OF CONSENT 1. A ~omplaint in divorce under Section 3301(c) of the Divorce Code was filed on September 26, 1994. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. 2 IC~(5 & J' 'LllL./' q. . 0 auren s. Zelgle' h d Plaintiff '-' ',r-. ,.., .'-.1 ~. ... ::t 1 cc,,~ . :> ... < - ~ - ~ '" ~ ~!;; ~ ~ .. . < ' - .... ;.. S ~.i ~ .. ~ 1ol.o.....:-: !.. ;! z I' ~ '" ~ I:!! ~V'l z o ""~... ii2 9 ~ 5 ~ ~ 0: < ~ .-- ....- ""---- . .". ANTHONY T M,BETH ArmlNlY n LAW 40: NOIt-rllr'lN1' i1]UT fI ~ IlA"I~$Jll.i '" 1'101 rUnNll'I'I'\.lfIIf> ~ , .. , LAUREN S. ZEIGLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA plaintiff v. CIVIL ACTION - I.AW No. 94-5473 Civil Term ERIC L. ZEIGLER, Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on September 26, 1994. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made , , ; , , I f' l I ~ ~ t~ < f; ~ & ~ E tI. t subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. I 5,ij 5/2';-- Date ~~,~/e~ Er . 9 Defendant K! f{ (;} it; f. c-, " " f' " f,i i';i ~~ \,\ ",. S E P 2 1 1994clt- LAUREN S. ZEIGLER. Plaintiff, : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v, : CIVIL ACTION. LAW : NO, CIVIL 1994 : ? '+ - 5 '17 ~ C~-..,~ ..I.I.'Vr-" : IN DIVORCE, CUSTODY, : EQUITABLE DISTRIBUTION ERIC L. ZEIGLER. Defendant, ORDER OF COURT AND NOW, this) j ~ty of \ ~rl'l t(...' -;'1994, on consideration of the auached petitioner's Affidavit, leave is granted to the petitioner to proceed in forma pauperis to the extent that she is relieved of all costs in this action, By the Court, /I~<I/[-jv J, -- \ . --'-- -- . ' 5EP Z.; I 49:'/1 '9~ 1;,:- '",', r ", . , , (;) LAUREN S. ZEIGLER Plaintiff, : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO, CIVIL 1994 ERIC L. ZEIGLER Defendant, : IN DIVORCE, CUSTODY, : EQUITABLE DISTRIBUTION AFFIDt\ VIT SUPPORTING PETITION FOR LEA VE TO PROCEED INFORI\IA PAUPERIS 1. I am the Plaintiff in the above mailer and because of my financial condition am unable to pay the fees and costs of prosecuting the action. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation, 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Lauren S. Zeigler Address: 408 North Filbert Street, Mechanicsburg, PA 17055 Social Security No,: 192-56-4614 (b) Employment If you are presently employed, state Employer: Safe & Sound Early Chilhood Care Center Address: 6260 Carlisle Pike, Mechanicsburg, PA 17055 Salary or wages per month: $300 gross Type of work: Teacher's Aid I f you are presently unemployed. state Date of last employment: NtA Salary or wage per month: NtA Type of work: Nt A (c) Other income within the past twelve months Business or profession: $7500 gross from previous jobs Other self-employment: None !nterest: None DiviJcnJs: Nllnc Pcnsiun and annuilies: Nllnc SUl:i:l1 sel:urity hcnclils: Nune Suppurt paymcllls: SliM) pCI' mUf1lh Child Support Disuhilily p:lymcnls: Nunc Uncmploymcnt cumpcnsutiun und supplcmcm:ll benetits: None Workmun's compensatlun: Nonc Publil: Assistancc: Nunc Olhcr: Nonc (d) Otl:cr contrihulions Itl houschold support Namc: Mark Stuncr Employer: lI!lrollgh uf Mcchanksburg Sul:lry ur Wilgcs pCI' molllh: $1476 net per month Type uf wurk: I.:lhorcr COlllrihuliuns from children: Nunc Conlrihutiuns frum parenls: Nune Olher wlIlrihllliuns: Nune (e) Property uwned C:lsh: None Chcl:kinl,l acwunl: $290 Suvings UI:CUUf1l: Nune Certific:ltes of depusit: Nune J{e:ll esl:lte (indllding hllllle): Nune Mutur vehide: Nune Slucks; hunds: None Othcr: Nune (I) Dehts und ohligatiuns Mortgage: N/A Rem: None Luans: $50 per ll1umh Sludem Loan Other: Child d:lY I::lre expenses fur past 12 months was $3088 Credill:ard debts tUlal $45 per mumh Child d:lY I:are costs tutal $257,34 per month (g) Persuns depcndent upun yuu fur suppurt Children, if :lny: Name: lIully Lee Zeigler Age: 4 yrs, Olher persuns: None 4, My hushand. Erk L. Zeigler presemly resides at 7073 Carlisle Pike Lot 92, Carlisle, ClImherland Cuunty, Pennsylvania, He is 27 years old. (a) I last lived with my husband Eric L, Zeigler in March 1993, (b) My husband is presently employed as a forklift operator at EXEL Logistics, (c) I do not have information or knowledge as to whether my husband has any money. owns an automobile, owns real estate, or has any other personal properly or assets. (d) I have not brought action for child support at this time because my husband has agreed to provide some assistance. 5, I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred !.; 'Il h ij 1 herein, 6, 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. II; [-.1\ ,j f1 ~1 t. t 1.1 ~j Date q /J / )J/ dtt// IC n ,', \.-':. y' ,-, ;..'1 I " i ! , , ~. LAUREN S. ZEIGLER, IN THE COURT OF cmU.ION PLEAS OF CUHBER1,AND COUNTY, PC:NNSYLVANIA Plaintiff v. CIVIL ACTION - LAW ERIC L. ZEIGLER, No. 94-5473 civil Term Defendant AND NOW, this ~day ~~~i!- 199~ursuant to a written stipulation executed by the parties which has been filed of record, and the terms of which the Court finds to serve the best interests and permanent welfare of the parties' daughter, Holly Lee Zeigler ("Holly"), born June 16, 1990, it is hereby ORDERED as follows: Lauren S. Zeigler ("mother") shall have primary physical custody of Holly. Eric L. Zeigler ("father") shall have partial custody of Holly and the parties shall undertake certain obligations as follows: 1. Father shall have partial custody of Holly on alternating weekends beginning Friday at 11:00 a.m. and concluding on Sunday at 5:00 p.m., beginning with the first Friday after the date of ~his Order. 2. Father shall have partial custody of Holly for three weeks, in the Summer time, sometime between Hemorial Day and Labor Day. Father shall give notice of the three weeks (not necessarily consecutive) in which he wishes to exercise partial custody, in writing to mother, no later than May 1 of each year. Further, such writing shall be mailed and supported by a Certificate of Mailing, United States Postal Service Form 3817. 3. Mother and father shall have shared legal custody of Holly. 4. In each year, father shall have partial custody of Holly on her birthday, June 16, from 11:00 a.m. to 5:00 p.m. 5. Father shall not be under the influence of drugs or alcohol during any period in which he is exercising partial custody. (,. f.tother shall not be under the inf 1 uence of drugs or a lcohol at any time that she is exercising any custody rights pursuant to this Order. 7. Father shall have partial custody of Holly on alternatin(j major holidays, such holidays consisti.ng of: New Year's Day, Easter, Memori.al Day, July 4, Labor Day and Thanksgiving Day. His partial custody shall be from the houra of 11:00 a.m. through 7:00 p.m. The first major holiday on which he shall exercise partial custody pursuant to this paragraph is Easter, 1995. The parties acknowledge that arrangemcnts for the Christmas holiday are not covercd by this paragraph, but are instead covered by the next paragraph. 8. The parties shall alternate custody of Holly during the Christmas holiday as follows: On one ycar, father shall have partial custody from 12:00 noon on December 24 through 12:00 noon on December 25; in the following year, he shall have partial custody from 12:00 noon on December 25 through 12:00 noon on December 26. For Christmas, 1994, father shall have partial custody of Holly from 12: 00 noon on December 24 through 12: 00 noon on December 25, and it shall alternate from year to year thereafter, as described herein. 9. Neither party shall make disparaeJing rem<lr"ks about the other party, in Holly's presence. 10. The parties shall, at all times, allow the non-custodial parent reasonable telephone access to Holly. BY THE COURT: ~'U3 .R~. Y J. LAUREN S. ZEIGLER, plaintiff IN THE COURT OF COMMON PLEAS OF CUNBERLAND COUN'l'Y, PENNSYLVANIA CIVIL ACTION - LAW v. No. 94-5473 Civil Term ERIC L. ZEIGLER, Defendant DEFENDANT'S PETITION FOR &HIBY OF AGREEMtRt I. petitioner is Eric L. Zeigler, who resides at 7073 Carlisle pike, Lot 92, Carlisle (Cumberland County), pennsylvania 17013. 2. Respondent F'Ubert Street, 17055. is Lauren S. r.lochanicsburg zeig ler, who res ides at '108 North (Cumberland County), pennsylvania 3. The parties arc the natural parents of Holly Lee Zeigler, born June 1.6, 1990. 4. On December 16, 1994, the parties entered into an agreement regarding primary physical custody and partial custody of Holly Lee Zeigler; the agreement is attached hereto, marked Exhibit A and incorporated herein by reference. 5. The best interests and permanent welfare of Holly Lee Zeigler will be served by the Court's entering said Custody Agreement as an Order of Court. WHEREFORE, Petitioner reque5ts this attached agreement and make it an Order of ~ Court Court. to approve the ,G~ /&,Ifll<( " . te Anthony T. Attorney f Defendant 407 North Front St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court 1.0. # 53729 Lt~U!\EN s. ZEIGLER, p1uinti,Ef: IN Tm: COUnT Ofo' cor.n'l0l1 PLE,l\S OF ClH1Bfmr.MID C:OUN'I'Y, n:tltl:;VLVMIIA v, CIVIL F,C'!'l()N - L,\\'/ No. 94-5473 civil Tu~m ERIC L. ZinGLER, Defendant l\..QR E EMEN'.L.F(lR PR IMJ\R 'Ll'!tx.sJ.cJ\!-_.~-'J.~L'tQP.'Ll\NP ]!\R1'.l:l\1_Q,L!:i'r.QP Y thi'i /4tL day of ~_, AND NOI';, 19'j.\ , it J' C' ,~ 'lCJl'ced by and between Lauren S. Zeigler, Plaintiff and Eric L. Zeigler, Defendant, that the Court enter a Custody Determination and Order that Laurcn S. Zeigler havc primary physical custody of the parties' child, Holly Lee Zeigler, born June 16, 1990, and that Eric L. Zeigler, father of the child and Defendant: herein, have p.:lrtial custody of the child ("Holly"), and that the parties undertake certain other obligations as set forth below. Lauren S. Zeigler ("mother") shall have primary physical custody of Holly. Eric L. Zeigler ("father") shall have partial custody of Holly as follows. 1. Father shall have partial custody of Holly on alternat.ing weekends beginning Friday at ll:OO a.m. and concluding on Sunday at :j;OO p.m., heginnin(] with tht:: first l~'t".idl1Y attet- thi[j Stipulation .;..., l.::lLt:':l~L:d .-:-~:) o.r1 Order '.Jf: C'-Jurt. 2. [.'ather shilll have partial CUGt.ody of liol.ly fOl' tht'ee \veeks, in the Summer t.imc, Domctime bct;'lccn Heinori.i11 Day and Lubor Day. Fdthur fihall 'Jive notice of tl1f.: thret:: l,'/eC'Kci (not tH~cet~Gi1ril,/ c()n~jecutiVc) in \-"hich he \..rinhcs to e:{crci~e of pilrtial cust.ody, ..... ...n:it:.ing to mother, no luter than Hay 1 of each year. l"urt:..ht::t:, such ~,Titi.nCJ 'Jhil11 be lI1il.i.led and supported by a Ccrtifi.catc of f.tailin'J, ':j:1.i_t.L~d St.ilt.e~ postal ~jf:rvice li'o:.:m "~B17. J. r.!othc:c olld L\Lhcr :;1\<\11 hil.1Je ldliJt-ed l{~qal Cll~-;tody of. tinlly. .1. In each year, father shall have partial custody of Holly on her birthday, June 16, f~om ll:OO a.m. to 5:00 p.m. 5. Father shall not be under the influence of drugo or alcohol during any period in which he is exercising partial custody. 6. Mother shall not be under the influence of drugs or alcohol at any time that she is exercising any custody rights pursuant to this Agreement, and resultant Order. 7. Father shall have partial custody of 1I011y on alternating ;ncijor hol!.days, s\lch holidays consioting of: New Year's Day, EaJter, Memorial Day, July 4, Labor Day and Thanksgiving Day. His partial custody shall be from the hours of 11:00 a.m. through 7:00 p.m. The first major holiday on which he shall exercise partial custody pursuant to this paragraph is Easter, 1995. The parties acknowledge that arrangements for the Christmas holiday are not covered by this paragraph, but are instead covered by the next paragraph. 8. The parties shall alternate custody of Holly during the Chr is tmas holiday as follows: On one year, father shall have partial custody from 12:00 noon on December 24 through 12:00 noon on December 25; in the following year, he shall have partial custody from 12:00 noon on December 25 through 12:00 noon on December 26. For Christmas, 1994, father shall have partial custody of Holly from 12:00 noon on December 24 through 12:00 noon on December 25, and it shall alternate from year to year thereafter, as described herein. 9. Neither party shall make disparaging remarks about the other party, in Holly's presence. 10. The parties agree that, at all times, the non-custodial parent shall have reasonable telephone access to Holly. ) /) , ---. , 1{1-.J_{ .j( t . i~/I'" 'J .! J LAUREN S. ) [:"'-- f' ( I 'dITNESS .1 - I.' . ~- ~ ERIC L. ZEIGLER 2 \or,! ,.' ~ \~ ~~ \ '. /C ___ ~ .~ '- \1 ). -...) 'F: \ ~~ ( r~i ,~~~ '\' .-::~.. .:\ -:i --, i ~ LAUREN S. ZEIGLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 94-5473 Civil Term ERIC L. ZEIGLER, Defendant IN DIVORCE, CUSTODY AND EQUITABLE DISTRIBUTION ORDER 0.. COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that ~he parties andl theit: _ respective counsel appear before ) (,." " , . II . r . ~ , the Conciliatof' on the "t" day of , 1994, at II ...}:::.m., at a Pre-Hearing Custo y Conference. At such Conference, an effort will be made to resolve the issues in the 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 present at the Conference. Failure to appear at the Conference may provide grounds for entry of a tempot:"ary or perman~nt Order. .\,.", .) ,", ,. j; h""li ,t ');)~. "\ I:) In 51 iU'-''fnr FOR THE COURT: 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. Court Administrator Cumberland County Courthouse, ~th Floor Carlisle, PA 17013 (717) 2~O-6200 Gel L{ IJ JI 1'\ f3~ !;'i' f,,:,'i 'id ,t',' !I.' to , . , - LAUREN S. ZEIGLER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. No. 94-5473 Civil Term ERIC L. ZEIGLER, Defendant IN DIVORCE, CUSTODY AND EQUITABLE DISTRIBUTION DEFENDANT'S MOTION FOR A HEARING REGARDING CUSTODY 1. On or about September 26, 1994, plaintiff filed a complaint in the captioned action, seeking divorce, equitable distribution and child custody; a copy of the complaint is attached hereto, marked Exhibit "A" and incorporated herein by reference. 2. Upon information and belief, plaintiff is proceeding in forma pauperis; in any event, Plaintiff has not requested a hearing on child custody, or taken steps for the advent of conciliation. 3. Defendant hereby requests that the Court allow a hearing on child custody, and precede such a hearing by assigning a custody conciliator, and having the conciliator decree a time for conciliation, all by the conciliator entering an Order similar to the proposed Order attached hereto. ~ v. : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. CIVIL 1994 : C) ~ - 5'113 Cv,....l.::r 6""'.... : IN DIVORCE, CUSTODY, : EQUITADLE DlSTRIDUTION LAUREN S. ZEIGLER, Plaintiff. EIUC L. ZEIGLER, Defendant, NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you failtoJo so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you niay request marriage counseling. A list of m<lrri<lge counselors is available in the Office of the Prothonotary, Cumberl<lnd County Courthouse, Carlisle. Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY. DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES DEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF TIIEM. YOU SIIOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE THE OFFICE SET FORTII DELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HELP. Court Administrator TRUE COpy FROM RECORD Cumberl<lnd County Courthouse In Tt:5limony '.'In! 0f, I h;..., unln ,et my Iwnd C<lrlisle. PA 17013 and the seal of 5J:d Cnurl ill Carlisle. Pol. 717/240-6200 T~iS,\JI.;>.tt-. cloy of ..A--rt.. 19c1,t., ..........._4h~~~\;~~2:ta~~......... ti+l,l)l r 1'./1" LAUREN S. ZEIGLER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. CIVIL 1994 ERIC L. ZEIGLER, Defendant, : IN DIVORCE, CUSTODY, : EQUITABLE DISTRIBUTION COUNT I COMPLAINT UNDER 23 Pa.C.S. SECTION 3301 te) OR 330Hdl OF TIlE DIVORCE CODE The plaintiff, Lauren S. Zeigler, by her attorneys, the Family Law Clinic, sets forth the following ca~se of action. I. Plaintiff is Lauren S. Zeigler, who curently resides at 408 North Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, since April 1993. 2. Defendant is Eric L. Zeigler, who currently resides at 7073 Carlisle Pike, Lot 92, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on August 18, 1990 in Carlisle, Cumberland County, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since March 27, 1993. The mother of the child. Lauren S, Zeigler. is currelllly residing at 4011 North Filbert Street, Mechanicsburg. PA 17055, She is married. The father of the child, Eric L. Zeigler, is currently residing at 7073 Clrlisle Pike Lot 92, Carlisle. PA 17013. He is married, II. The relationship of the plaintiff to the child is th<lt of mother. The pl<lintiff currently resides with the following persons: Name Relationship Mark Stoner Boyfriend 12. The relationship of defendant to the child is that of father. The defendalll currently resides with the following persons: Name Relationship Unknown 13. 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 another court. Plaintiff has no infonnation of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who h:l~ physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and pennanent welfare of the child will be served by gr<lnting the relief requested because: a) Plaintiff has been primary caretaker of the child since hirth: b) Plaintiff provides the child with a home with adequate moral. emotional and physical surroundings as required to meet the child's needs: c) Plaintiff is willing to accept custody of the child; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the ehild; e) Defendant has not indicated to plaintiff an interest in accepting custody of the child. 15. Each parent whose parental rights to the child have not hecn terminated and the person who has physical custody of the child have heen named as parties to this action, WHEREFORE. plaintiff requests the court to grant her custody of the child. suhjeet to visitation as the parties may agree to in the future, and such other relief as the court deems just. COUNT III. EOUITABLE DISTRIBUTION 16. Plaintiff repeats and rea lieges paragraphs one through Iifteen. 17. Plaintiff and defendant have acquired property during their marriage, including. but not limited to a Trailer home with a 15 year mortgage, Television, Video Casselle Recorder. Automobile. Loan and Credit card debts. and all other marital property and debts. WHEREFORE, plaintiff requests the court to enter a decree dividing the property equitably between the parties and such other relief as the court deems just. I verify that the statements made in this Complaint are true and correct. I undersland that false statements herein are made subject to the penalties of 18 Pa.C,S. ~ 4904. relating to unsworn falsification to authorities. Date 7/;,/71 ~/~).,~. ~ I/r/~ ,-"1>amon C. Hopkins . Certified Legal Intern >/;n1 t!tl-' ThoRfas M. Place Robert E. Rains Linda E. Fisher Supervising Allorney FAMILY LAW CLINIC 45 North Pill Street Carlisle. PA 17013 (717) 243-2968 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS. I verify that the statements made in this Divorce Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904. relating to unsworn falsification to authorities. Date: LJh/ If/I . . . /~l'" . , .. " O'lt. .t,. ",...eo . ~. ...] . I (:; 1- (3J , ~ .... UJ. i:t i <<l"e; ~ v < - ~ : r: ~ < , < Z)( llo. .. .,; ;..c~j::: .. ~ ~.... is '_ ~~%~~ ~ 0,.-,.... - 'r ~ - 1lIC...._ E >= i ~ << ~ 0: Z ~ - -< . . '---' '1/,&J!OI ~ c~ Cb/'i)>' m~,k( ~ i+J.t., i2w.ro ~ti... ~L W. -b IWy m.J;r:1Z CbfY pLa~ll~ IJH.., ~~6 a - rfJ if L\l'IU:N S. ZEH;(.EH :'WW, L\l'IU:~ S. STO"lEI{ l'la in t iff/I'et it inne r l"l TilE COl'ln OF COMMON PLEAS OF n!i\IBEIU.A:"iI> COliNTY, PENNSYLVANIA \'. CIVIL ACTION - LA W EIUC L. ZEl<a.EH Ilerendantl Hespnndent NO. 94-5473 CIVIL TF.HM OIWEH OF COllin You. ERIC L. ZEIGLER. . have been sued in cOllrtto modily custody. partial custody or visitation oflhe child: HOLLY LEE ZElGI.ER. born June Hi, Il)l)(). .11 You arc ordered to appear in person at _,01.. for on .2001, a conciliation or medi.llion conlerence. a pretrial con ference. a hearing beliJre the court If you lail to appear as provided by this order. an order for custody, partial custody or visitation may be entered against you or the court may issuc a wlIrrant for your arrest. FOR TIlE COURT. lIy: Custod)' Concilialor The Court of Common Plcns of Cumberland County is required by law 10 comply with the Americans with Oisnbilities Act of )990. For inlimllation about accessible 1~lcilities and reilslmable accommodntions iI\'ailnble to disabled individuals having business bclllre the court. pi case contnct our omce. All nrrangements must be mnde .11 least 7~ hours prior to any hearing or business before the !:Our!. You must nllend the scheduled conlerence or hearing, VOl! SIIOllLU TAKE TillS I'APER TO VOl'I{ LAWYEH AT ONCE. IF YOU DO NOT 11,\ VE A LA WYEH OH CANNOT AHOIW ONE, GO TO OR TELEPIIONE THE OHICE SET FORTH IIELOW TO FINIl Ol!T WIIEIU: VOll CAN GET LEGAL HELP. Cumherland Count,. LI\\\wS Rclerral Service Cumherland COlllltv Bar'Association ~ Liberti' 'A wnue Carlisle. i'A 170 IJ (717)~.j().JI(,(, L\lHEN S. ZEH;[.E1{ NOW, L.WHEN S. STONER PluintiWPctitioncr 1"1 TIlE conn OF COMMON PLEAS OF ('I''\IBEIH.,V'iIl ('()liNT\', I'ENNS\'LVANIA v. CIVIL '\CTIO"l - LAW ERIC L. ZEI(;LEI{ Defendunt! Respondent NO. 9-'-!i-'73 CIVIL TERM PETITION FOH MOlliFICATION OF A PARTIAL ClISTOIlY OH VISITATION ORDER I. The petition of L.auren S, Zeigler respectfully represents that on February 4, 1995. an Order ,'I'Court was entered /(lr custody. a true and correct copy of which is attached, 2. This Order should be moditied because the subject minor child. live (5) years old at the time of the Order, has outgrown the ternlS as set forth in the Order, Further. circumstances require additionalmoditications that the parties have been unable to resolve as of the filing of this petition. WHEREFORE, Petitioner requests that the Court modify the existing Order lor primary cLlstody because it will be in the best interest of the child. Respectfully submittcd. , , " l 0\ ~~~ Peter 1. Russo, Attorney lor Plaintift:'Pctitioner ",' :;,.:" .;::d~ ~ "ilL :.t-: '.,::.:l}~' t,.:;~: L::tt~;l.';. C \,!._ 1r:,1":;,; ~C ~~"')::~).i.j' 'I' that :3hc .~) 1::-:L':'-;-:l.~l:~'J an'j C'Jst.:h:'/ :""l.:J:I:'~; p'Jt:;!.ldl~'.:. t:',j t:i.. :"d~her shall hdV(: tJdt't:.lul custc:d'l (Jr !loLly Oil ,:, Lt.ernat l.:;'^j ':',1 "It holiday!;, 'ji~ch holl.ddYs con51~t.1.:~(J (Jf: Nt-:'h' '(udr't; Ouy, : ;~",~~', :.1t:lnorial DdY, J~lli' 4, Laoof D.JY f,lnd 'TLa:ik."3(]LVlnq D,1~'. E~s "l;' ~ II cu~tod'l nl1dLl bl: tru::\ the !:uut::j lIt' 11:00 ,'l.l!\. Ltlt'U~lqh '/:\}l~i The fir.-st major hoi Lday OIl \,:hicl1 ::t: ;:;I~dll e:-:i.:rCl::>e ?drt~,jl t',;",' ~d'l pursuant to t.his pat"wgr-aph LU E,~:iL(~r, 199;. Tt18 part:.ea 1,'r'.:;._J'/I;'lt.!dcje that.;. drrajHJel!1l~nl~; tur Lilt' C:l!J:,~,in,l~J h0ltdd'i l..ll't: no'.:. 'Y.'l.'~~(.::d by this pa::aqraph, but Qre i:l~::i':.:.(~c1d t.:overof.:c; bi' tr,t' :~e:-:',: ; -j :..'t',j:'dph. lJ. The part~es >Jl1all alternate cu,;todr of Hoily d,:~'i::g t.:le Ci:n>Jtmas holiday as follo'ds: On one year, father shall have pdn.ial custody from 12:00 noon on Decemb"t' 2" through 12:00 noon u:: Jeccmber 25; in the following 'ledr, [1" shall have parti~l c:.,,;':ocJy from 12:00 nOO:1 on December :.', thl'ough 12:00 noon 0:: Jecember 26. For Christmas, 1994, fu'~:\er shall have partiol r;,;c,'-Ddy of Holly ft'om 12: 00 noon an Dec":nClCt' >\ throuqh 12 :00 noon .. l)C:t.;(.:mber 21), 'und 11. ;jhall \..lLLt~n\d~'^l.' lfU111 1'(:,'.1:"- LO ':'Cd: :~~0reafter, aS,described l1erein. 9. Nelther party Sholl make dispatd(:Jlll'j t'''I!lut'k~ ullout the Qther pa::ty, in Holly's presence. 10. The parties shall, at all times, allo'.... the non-custodial parent reasonable telephone access to Holly. BY THE COUi{'l': ." r.-L ,-"Lt3 .J\~ ~ J, ~nur: COpy FROM RECOWJ In t o~llmOf1Y wnerool. I heru W1!O lIel my Ilimli Jr.:lltMl ~I of said Coon at Car1ls1cl. Pa fhl~ / day, 01 { z,"!L- -Ul:J / 1,f1~M -r;: x;.dt 9'5 ProltJonCll~", ;' :i. Z l'~ 1 G r ,!';l~ I U; Till'; COUi{T 0:' ,:i/':.'.t.:,: ~ji :':\ 'I;' P]dl.I\LI,L: (:ur'11\:::l\L:\ND C(JUti'~-''', ;; ~; ; 't' ; .\-' /..:; : ,\ . ",. r.'~~'l':'-.)~~ :;(1. 'j.1 - ;'~ . :.: l~ r L~ Lt':l.: , D<;Lt:lld'-lIlL l\!';;Rf,;EMENLF:9JLIJiUM8R 'C IJI.I.1S"t~!'L ':;V S:J:Oll 'LJ\tilL!'j\.H'J' I ,'I, C 1.1 ~'r:QP'{ t\ND NOVI, till :, /~tL cldY --- "~_.., ,<- ... ; -JiJ,t, 1t. 01. d'jt"oed by and bet'....ccn Lauren S. :,cHJler, plaint..ft .:Jlld Eric L. ZCl..qler, Defendant, thut the Court: er.te:r d Cu~tody ih':t..:.ermination d"d Ot-der that Lauren S. Zeigler I1i.lVC p,"lindq' pllY~;~':ll ':.l~tody ot ':r:L' parties' child, Holly Lee z(:iglc~:, :)()~:;~ June 10/ l')'jl,l, and that. E;,2..C L. Zeigler., father of the Chlld illld Defendant i:e:-ein, have pu::L1ClI custody of the child ("lIolly"), and tildt t!w parties undertake certain other obligations as set forth below. Lauren S. Z'Hgler ("mother") shall have prlmary physical cu~tody of Holly. Eric L. Zeigler (" fatiler") shall have partial ;;'~~~j.:ociy of Holly as follol,oJs. ;:.'uthC3t" shall :~ave put:tial cl~stody ot Holly on alternating we,~k8:1ds bcginRing Friday at 11:00 il,ln. a~~ concludi:1g on Sunday at 'j; ,] i":J .1!1., beginning .....ith the fir~;t F::iday c1fter t!:l~i Stipul atio:1 ;'iLl,;l.ed 2.~; un 'Jr:-!(!I:" of Court. ,"ather shall ha'/e partial custody of lIolly fot' tht'ce '....eeks, in '::,'.: Summer time, ;:;ometilne bet"Jeen t.lemorial Day dnd Labor Day. ,",' ;",t- shall glve notice of the tiln", '....eeks (not '~ecessarily t'c',l~ive) in wi1icl1 he wishes to c:':f.:rci.~3l: of part La. L c'...15tody, in .. . '.~~.:lq to mother, :~o l..-::ltcr than r'LJ'1 1 of l'rJ.ch yeIJI:" , [.'utother, such ..,,; ~;hdLlo bc~ m;ii led ann supported ()':' '-1 Ccrl:itOioc,-l'J: of r.1ai.linCj, "oi ~;t.)tC:i i.'o~t,.: 1. ~)e["\'i.ce Form !B 1 -;. " ::o}'~!,(~J: i.l.l..,j ldt..Lcl. ~ha 11 liCiVl: ;iGdz.-C(.~ 1 (!LJD 1 '-.'_1'.:"/ at lio:iy. , LAUREN S. ZEIGLER NOW, LAUREN S. STONER Plaintiff/Petitioner : IN THE COURT OF COMMON PU:AS OF : CUMBERLAND COUNTY, P.:NNSYLV ANIA v. : CIVIL ACTION - LAW ERIC L. ZEIGLER DefendantJ Respondent : NO. 94-5473 CIVIL TERM CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the Petition for Modification of a Partial Custody or Visitation Order upon the person(s) and in the matter indicated below: Service by Certified Mail, addressed as follows: ANTHONY T. McBETH, ESQUIRE 407 NORTH FRONT STREET HARRISBURG, PA 17011 1:JLi2L Date " . . Comploto llems 1. 2. and J A!so complete Ilem 4 If Restncted Delivery IS da3lred, . Print yotir nama ilncJ u(jdro~!l on ltlH /l:l'VCfStl 50 ttlat we call fIllurn ltlU c,lfd to you . Attach thiS card 10 the tMck of tho 111.1i1pIOCO. or on the Iront II Sp.KlJ pllrllllls , Afllcttj Alhllp.,..,~d lu J '- Jl AntJw~ T Mc.QClr1. t:.S<v 4lJ1 NofthfrtOflt st. ticun ')b w;f Pit- r70 /j ~]t~~~\J~~ o Is dllh',tl WS5 tlitlumnllrom Ilam 1? ~)'r~. t!nhn tltlh...ury addftt55 below: o Agonl D Add,8SlUttt o Yos Cl No J Ser.-Ieu rVpe o Certified Mall D Registered o Insured Milll o express Mall o Return ReceIpt for Merchandise OC.OO. " Restricted 0elr...ery1 rEdra Foo} DYes 2. ArtICle Number (Cupy from Ulf\iICe 1Lf9' -1CID 1/J1P (J()Q, J.D PS FOrm 3811. JulV 1999 Domostlc Relum Receipt 'XJ/J I02595.00.M.0952 K, ror th~ ('hristmas holiJav. on Iln~ I~ar lh~ rath~r shalllhll~ ~ustodl from Noon on ()~~~mh.:r ::!4'h until Nlll;n on Il~~~m"~r ::!~'h. and lh~ lilllll\\ing )~:Ir h~ shall hal~ ~ustoJy from Noon on Il~~~m"~r ::!~'h until !'ioon on Ik~~l11ber ::!611l, !'his shall "~in u~~orJan~~ Ilith th~ ~\isting "h~dule oflh~ pani~s, 9. Neith~r pany shall ,,~ unJ~llh~ int1u~nc~ of Jrugs or alcohol Juring un) pcrioJ th~y ar~ exercising ~ustoJ) of Ih~ minor ~hilJ, 10. Neilh~r pany shall l11ak~ Jisparaging r~l11arks aboul the olh~r party to the minor ehilJ, II. Both parties shall k~ep the olh~r parent aJ\'is~d Ilith resp~~t to tcl~phon~ numbers Ilher~ the) ~an be rea~heJ in th~ event of an ~mergenC)'. f I I::!, When rather has ~uSloJy, Father shall h.: responsible hI ~nsure that Ihe ~hilJ completes homework assignl11~nts .II1J attenJs e\lra-eurrkular a~tivities as agre~J upon by Falh~r, Molh~r shall ~nsure that Fath~r is PW\ ided II ith all inlllOnation concerning e"tra-currkular acliviti~s anJ all in/ll11nation con~~rning report carJs, and other pertin~nl l11atters Ihat arc important to the chilJ's cducational .II1J social lile. 13. This order is ent~r~J pursuanlto an agr~em~nl reach~J by th~ parti~s at a custoJy conciliation conlercnce. In th~ ~\~1lI eith~r party d~sires 10 modi Iy this ord~r. that pany may eontacl the court to hal c the case .Igain schcduled with the custody concilialor. 14. In the event the parties reach .In .agreement hetlleen Ihems~1\ es, the parties may modilY the custody schedule in any Ilay they may agre~. Ahs~nt an) agreement. th~ schedule set /l1rth ahme shall conlrol, -} / l:'l': Peter J. HUSSll. Esquire / BY TilE COURT. / \ ..#0 j--J. ~ { IL.~ -0' '-- ~01-/U Eric I.. Zeiglcr P.O. Bo" 4KO New Kingslon. PA 1707::! " , - I " I I I " l ,-, . I.;r~,;~", ," '. '{ I,' :':'f',.,,;,~ ~I ,.;>{..,~'l"y - ,f I.AI1IU:N S, STONER. Plaintilf IN TIlE COUR I OF CO~IM( IN PI.EAS OF CUMBERLAND COIINI Y. PENNSYI.V,\NIA v (,(VII. ACTION - I.AW ERIC J.. ZEIOI.ER. Del~ndant NO.lJ.t - 5.t73 CIVIl. IN CUSTODY Priur Judge: ('(INCII.IATlON CONFERENCE SlfMMARY REPORT IN ACCORDANCE Willi TilE CUMBERl.AND COUNTY CIVIL RULE OF PROCEDURE IlJI5.3-H(h).the undersigned Custody Conciliatur suhl11ilS the lllllu\\ing repurt: I. The pertinent inllJllllation pertaining tu the child \\hu is the suhjecl uf this litigation is us lllllows: I lolly Lee Zeigler. hurn June I (i. IlJlJO. _11 cJClI DATE t/1 fJ/; , A Conciliatiun Cunlerenee was held un August 2. 2001. with the Illll<ming individuals in allendanee: The Muther. Lauren S. Stoner. with her counsel. Peter J. Russu. Esljuire: and the Father, Eric J.. Zeigler. \\ 1m appemed withuut euunsel. 3. The parties agree tu the entry uf an urder in the IlJllIl as allaehed, Iluhert X. Gil y. Esljuire Custudy Co eiliator