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HomeMy WebLinkAbout01-4680MARIA p. COGNETTI & ASSOCIATES MARIA p. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 _Attorneys for Plaintiff MAX SPIEGEL, Plaintiff ANITA SPIEGEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ; : CIVIL ACTION - LAW : IN CUSTODY ~OMPLA1NT FOR CUSTODY 1. PlaintilTis Max Spiegel, residing at 29 South Church Street, West Chester, Pennsylvania. 2. Defendant is Anita Speigel, residing at 418 Boxwood Court, Mechanicsburg, Cumberland Connty, Pennsylvania. Plaintiff seeks custody of the following child: Name P~resent Address Alexis Spiegel 418 Boxwood Ct. Mechanicsburg, PA 11 D.O.B. 03/10/90 4. The child was born out of wedlock. The child is presently in the custody of Anita Spiegel, who resides at 418 Boxwood Ct., Mechanicsburg, Cumberland County, Pennsylvania. 5. During the past five (5) years, the child has resided with the following persons at the following addresses: N~ame _Address Dates Anita Spiegel 418 Boxwood Ct. 07/01/01 - Present Anita Spiegel Mehanicsburg, PA 132 Beacon Dr. Harrisburg, PA Anita Spiegel 378 Old Blue Rock Rd. 08/99- 6/00 Only Millersville, PA 378 Old Blue Rock Rd. Millersville, PA Anita Spiegel and Max Spiegel 07/00 - 07/01 09/98 - 08/99 Anita Spiegel and Max Spiegel Downingtown, PA 01/96 - 09/98 01/96 - 09/98 6. The mother of the child is currently residing at 418 Boxwood Ct, Mechanicsburg, Cumberland County, Pennsylvania. She is married. 7. The father of the child is currently residing at 29 South Church Street, West Chester, Pennsylvania. He is married. 8. The relationship of Plaintiff to the child is that of Natural Father. Plaintiff currently resides with the following persons: Name None Relationship currently resides with the following persons: Name Alexis Spiegel The relationship of Defendant to the child is that of Natural Mother. Defendant Relationship Daughter 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. 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. 13. T~e best interest and permanent welfare of the child will be served by granting the relief requested. 14. Each parent whose parental 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 grant him custody of the child. Date: August 1, 2001 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VER/FICATION I, Max Spiegel. hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I tmderstand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom verification to authorities. DATE: MAX SPIEGEL PLAINTIFF V. ANITA SPIEGEL DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4680 CIVIL ACTION LAW IN CUSTODY AND NOW, Friday, August 10, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Mellssa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Wednesday, September 05, 2001 at 12:00 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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/ Melissa P. Greevy. 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 ATfORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VlNV^"IASNN3cl AiNNOO 01 :gl Nag I 0f1~ I 0 MAX SPIEGEL, VS. ANITA SPIEGEL, Plaintiff Defendant SEP ] 0 Z001..~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4680 : CIVIL ACTION - LAW : CUSTODY INTERIM ORDER OF COURT '~I~-~' day of ~. J;~l L~ ,2001, upon consideration of AND NOW, this the attached Custody Conciliation SummaryRl'eport, it is hereby ordered and directed as follows: 1. L I_L_L_~. The Mother, Anita Spiegel, and the Father, Max Spiegel, shall have shared legal custody of the minor Child, Alexis Spiegel, born March 10, 1990. 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 her health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. ~. Mother shall have primary physical custody subject to Father's rights of partial physical custody. Father's periods of custody shall be arranged as follows: Effective September 14, 2001, on alternate weekends from Friday at 7:00 p.m. until Sunday at 7:00 p.m. In the event that a Monday school holiday coincides with Father's custodial weekend, Father shall have the option of extending his custodial weekend until 7:00 p.m. on Monday. 3. Transoortati0n. The parties shall share transportation with the parent beginning their period of custody as the parent to provide transportation. For example, Father shall provide transportation on Fridays of his custodial weekend and Mother shall provide transportation on Sundays at the beginning of her custodial period. 4. Holidays. A. Thanksgiving. Mother shall have custody for the Thanksgiving holiday 2001. No. 01-4680 Civil Term ~. Father shall have custody from the last day of school prior to the Christmas break through to the evening before school resumes. 5. The parties shall submit themselves and their minor Child to an independent custody evaluation to be performed by Arnold T. Shienvold, Ph.D. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. Mother shall be obligated to pay one-third of the cost of the evaluation up to a maximum of $1000.00(one-thousand dollars), Father shall be responsible for the remaining costs of the evaluation. 6. Following the receipt of the report of the Custody Evaluator, either party may request to reconvene the Custody Conciliation Conference prior to requesting a trial date. Diet: Maria P. Cognetti, Esquire, 210 Grand Avenue, Suite 102, Camp Hill, PA 17011 Sandra L. Meilton, Esquire, 111 N. Front Street, PO Box 889, Harrisburg, PA 17108-0889 MAX SPIEGEL, VS. ANITA SPIEGEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4680 : : CIVIL ACTION - LAW Defendant : CUSTODY 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 CURRENTLYIN CUSTODY OF Alexis Spiegel March 10, 1990 Mother 2. A Custody Conciliation Conference was held on September 5, 2001, with the following individuals in attendance: the Father, Max Spiegel, and his counsel, Maria P. Cognetti, Esquire; the Mother, Anita Spiegel, and her counsel, Sandra L. Meilton, Esquire. Date The parties reached an agreement as to an Interim Order in the form as attached. MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-40150 .Attorneys for Plaintiff MAX SPIEGEL, Plaintiff Vo ANITA SPIEGEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4680 : : CIVIL-ACTION - LAW : IN CUSTODY MOTION FOR HEARING AND NOW, comes Plaintiff, Max Spiegel, by and through his attorney, Maria P. Cognetti, Esquire, and moves this Court to enter an Order setting this case for a hearing and respectfully represents as follows: 1. Plaintiff is Max Spiegel who currently resides at 29 South Church Street, West Chester, Pennsylvania. 2. Defendant is Anita Spiegel who currently resides at 418 Boxwood Court, Mechanicsburg, Pennsylvania. 3. On or about August 10, 2001, Plaintiff filed a Complaint for Custody to the above term and number. 4. A Custody Conciliation Conference was held on September 5, 2001 before Custody Conciliator, Melissa Peel G-reevy. 5. As a result of said conference, an interim Order of Court was entered on September 12, 2001. 6. Pursuant to the aforementioned Order, the parties were to participate in a Custody Evaluation to be performed by Dr. Arnold T. Shienvold. Due to time constraints, Dr. Chrissi Hart of Riegler' Shienvold & Associates, performed the evaluation under the supervision of Dr. Shienvold with the consent of the parties. 7. On or about August 19, 2002, the parties received Dr. Hart's Custody Evaluation. 8. Since the receipt of Dr. Hart's report, the parties have been unable to resolve the issues contained in Plaintiff's pending Complaint for Custody. 9. Plaintiff believes and therefore avers that the only way the Complaint for Custody can be disposed of would be with a full hearing on the issue of primary custody. WHEREFORE, Plaintiff respectfully requests this Honorable Court set this matter for hearing. Date: September ~ , 2002 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Maria P. Cognetti, Esquire, attorney for the Plaintiff, have personal knowledge of the facts contained in the foregoing and therefore do verify that the information contained therein is true and correct to the best of my knowledge, information and belief. DATE: September o~9,.~ , 2002 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Motion for Hearing, by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Sandra L. Meilton, Esquire TUCKER ARENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Date: September ~, 2002 By: MARIA P. COGNETTI & ASSOCIATES Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff MAX SPIEGEL, Plaintiff Vo ANITA SPIEGEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4680 : : CIVIL-ACTION - LAW : IN CUSTODY MOTION FOR HEARING AND NOW, comes Plaintiff, Max Spiegel, by and through his attorney, Maria P. Cognetti, Esquire, and moves this Court to enter an Order setting this case for a hearing and respectfully represents as follows: 1. Plaintiff is Max Spiegel who currently resides at 29 South Church Street, West Chester, Pennsylvania. 2. Defendant is Anita Spiegel who currently resides at 418 Boxwood Court, Mechanicsburg, Pennsylvania. 3. On or about August 10, 2001, Plaintiff filed a Complaint for Custody to the above term and number. 4. A Custody Conciliation Conference was held on September 5, 2001 before Custody Conciliator, Melissa Peel Greevy. 5. As a result of said conference, an interim Order of Court was entered on September 12, 2001. 6. Pursuant to the aforementioned Order, the parties were to participate in a Custody Evaluation to be performed by Dr. Arnold T. Shienvold. Due to time constraints, Dr. Chrissi Hart of Riegler, Shienvold & Associates, performed the evaluation under the supervision of Dr. Shienvold with the consent of the parties. 7. On or about August 19, 2002, the parties received Dr. Hart's Custody Evaluation. 8. Since the receipt of Dr. Hart's report, the parties have been unable to resolve the issues contained in Plaintiff's pending Complaint for Custody. 9. Plaintiffbelieves and therefore avers that the only way the Complaint for Custody can be disposed of would be with a full hearing on the issue of primary custody. WHEREFORE, Plaintiff respectfully requests this Honorable Court set this matter for hearing. Date: September ~ , 2002 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909~4060 Attorney for Plaintiff VERIFICATION I, Maria P. Cognetti, Esquire, attorney for the Plaintiff, have personal knowledge of the facts contained in the foregoing and therefore do verify that the infoimation contained therein is tree and correct to the best of my knowledge, information and belief. DATE: September ~3 , 2002 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Motion for Hearing, by depositing a tree and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Sandra L. Meilton, Esquire TUCKER ./IRENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Date: September o~, 2002 By: MARIA P. COGNETTI & ASSOCIATES Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff MAX SPIEGEL, Plaintiff go ANITA SPIEGEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4680 : : CIVIL-ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOWtowit, this gg'~J day of ~~-~, 2002, upon consideration of the attached Motion for Hearing, a hearing is set for the __~'~ day o f ~~2002,(,~t~ at~" 3l~o'clock~o /~., in Courtroom No. .~ ~'~ , of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: MAX SPIEGEL, Plaintiff ANITA SPIEGEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-4680 : CIVIL ACTION - LAW : IN CUSTODY PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Petitioner, Sandra L. Meilton, for the law firm of Tucker Arensberg & Swartz and hereby avers as follows: 1. On or about September 5, 2001, the law firm of Tucker Arensberg & Swartz was retained by Defendant and commenced legal representation on her behalf in connection with the above matter. 2. Defendant contacted Petitioner's office by telephone on October 23, 2002 and indicated that she will no longer require the services of Petitioner· WHEREFORE, counsel respectfully requests that this Honorable Court grant the law firm of Tucker Arensberg & Swartz permission to withdraw as counsel for Defendant, Anita Spiegel. Respectfully submitted, TUCKER ARENSBERG & SWARTZ / -Sandra L. I~e~ton/~/I.D. # 32551 111 North Front Street, P.O. Box 889 Harrisburg, PA 17108 CERTIFICATE OF SERVICE AND NOW, this ~; "//-~day of ?~//~(/~/~'/L., 2002, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 54018.1 Mrs. Anita Spiegel 418 Boxwood Court Mechanicsburg, PA 17055 Gloria M. Rine MAX SPIEGEL, Plaintiff Vo ANITA SPIEGEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4680 . : CIVIL-ACTION - LAW : IN CUSTODY SCHEDULING ORDER AND NOW, to wit, this ~ ~ day of ~. 2002, it is hereby ORDERED and DECREED that a Pre-Hearing Conference is scheduled for~t~O~ . ~o ~ 2002 at /~; ~ o'clock ~1 . m. in the Chambers of the undersigned. BY THE COURT: MAX SPIEGEL, Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA v. 'NO. 01-4680 ANITA SPIEGEL, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION TO WITHDRAW AS COUNSEl AND NOW, comes Petitioner, Sandra L. Meilton, for the law firm of Tucker Arensberg & Swartz and hereby avers as follows: 1. On or about September 5, 2001, the law firm of Tucker Arensberg & Swartz was retained by Defendant and commenced legal representation on her behalf in connection with the above matter. 2. Defendant contacted Petitioner's office by telephone on October 23, 2002 and indicated that she will no longer require the services of Petitioner. WHEREFORE, counsel respectfully requests that this Honorable Court grant the law firm of Tucker Arensberg & Swartz permission to withdraw as counsel for Defendant, Anita Spiegel. Respectfully submitted, TUCKER ARENSBERG & SWARTZ andra L. I~e~to~'l.D. # 3255~- 111 North Front Street, P.O. Box 889 Harrisburg, PA 17108 CERTIFICATE OF SERVICF AND NOW, this ~ ~L'~day of /~//~/..~/L, 2002, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 54018.1 Mrs. Anita Spiegel 418 Boxwood Court Mechanicsburg, PA 17055 Gloria M. Rine MAX SPIEGEL, Plaintiff IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4680 ANITA SPIEGEL, Defendant · CIVIL ACTION - LAW · IN CUSTODY RULE TO SHOW CAUSE AND NOW, this X4J~~ day of ~, 2002, upon consideration of the Petition to Withdraw as Counsel, a Rule is issued upon Plaintiff, Max Spiegel, to show cause why Sandra L. Meilton, and TUCKER ARENSBERG & SWARTZ, should not be granted leave to withdraw as counsel for Defendant in this case. RULE RETURNABLE ~ 0 DAYS FROM THE DATE OF SERVICE. MAX SPIEGEL, Plaintiff/Respondent VS. ANITA SPIEGEL, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4680 : : C1VIL ACTION - LAW : CUSTODY PETITION TO MODIFY CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Defendant/Petitioner, ANITA SPIEGEL, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Defendant/Petitioner is ANITA SPIEGEL, whe, resides at 80 Rosedale, Hershey, Dauphin County, Pennsylvania. 2. Plaintiff/Respondent is MAX SPIEGEL, who resides 617 S. Matlack Street, West Chester, Chester County, Pennsylvania. 3. Plaintiff and Defendant are divorced and are the natural parents of one child, ALEXIS H. SPIEGEL, born March 10, 1990. 4. On December 6, 2002, pursuant to an agreement of the parties, an Order of Court was issued in the Court of Common Pleas of Cumberland County awarding the parties shared legal custody of said child and awarding Father primary physical custody beginning in June 2003, subject to Mother's rights of partial custody. (See copy of Order, marked Exhibit "A", attached hereto and made part hereof.) 5. The best interests and welfare of ALEXIS H. SPIEGEL, require that primary physical custody be with Petitioner. Also, Alexis has expressed a clear preference to return to her Mother's primary custody. 6. The minor child has resided at the following addresses for the past five (5) years: (a) From February 2000 until June 2001 at Williamsburg Estates, Dauphin County, Pennsylvania with both parents. (b) From June 2001 until June 2003 at Delbrook Apartments, Cumberland County, Pennsylvania with Mother. (c) From June 2003 until present at 617 S. Matlack Street, West Chester, Chester County, Pennsylvania with Father. 7. Petitioner does not have any information of any custody proceeding concerning said minor child in any court in Pennsylvania or any other State, other than the heretofore referenced proceedings entered to the within term and number. 8. Petitioner has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other State, other than the heretofore referenced proceedings entered to the within term and number. 9. Petitioner does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to her. WHEREFORE, Petitioner respectfully prays that your Honorable Court order that primary physical and shared legal custody of the minor child, ALEXIS H. SPIEGEL, be placed with Petitioner. Date: July ~0 , 2004 Respectfully submitted, MAX J. SMITH, JR.,~squire I.D. No. 32114 JARAD W. H2ANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to author/ties. ANITA H. SPIEGEL MAX SPIEGEL, Plaintiff ¥. ANITA SPIEGEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4680 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, to wit, this day of ~,-t~, 2002, it is hereby ORDERED and DECREED that the attached Stipulation :for Custody be made an Order of this Court and said Stipulation is adopted in its entirety and incorporated herein as an Order of Court. TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand andre s~l of sai/t Court at-Carlisle, Pa. MARIA P. COGNETTI & ASSOCIATES MARIA p. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grand,hew Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 .Attorneys for Plaintiff MAX SPIEGEL, Plaintiff ANITA SPIEGEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4680 CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR CUSTODY .4~ND NOW, this .~ da), of 2002, the parties having the best interest of their minor child, Alexis Spiegel, bom March I 0:, 1990, in mind, do hereby agree and stipulate as follows: I. The parties agree to share legal custody of their minor child, Alexis Spiegel. All decisions effecting the child's growth and development including, but not limited to: medical and dental treatment; psycho-therapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as a beneficiaod, other than custody litigation; education, both secular and religious; choice of camp, if any; athletic pursuits and extracurricular activities shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Primary physical custody of the minor child shall remain with Mother until the end of the 2002 - 2003 school year. On the frrst Friday following the close of school for the 2002 - 2003 school year in June, 2003, primary physical custody or,alexis shall switch to Father. 3. Until the end of the 2002-2003 school year, the alternating weekend schedule currently in place shall remain in effect with Father having alternating weekends from Friday at 7:00 PM until Sunday at 7:00 PM. Should the Monday followh~g Father's custodial weekend be a school holiday, Father shall be entitled to extend his weekend until Monday at 7:00 PM. 4. Beginning at the end of the 2002-2003 school year, Mother shall have fights of partial physical custody from that point forward in accordance with the following schedule: a. Alternating weekends from Friday at 7:00 PM until Sunday at 7:00 PM. In the event that Monday is a school holida.v which coincides with iMother's custodial weekend, Mother shall have the option of extending her custodial weekend until 7:00 PM on Monday. b. The Thanksgiving holiday shall be Father"s custodial time in 2002 and all even numbered years thereafter and Mother's custodial time in 2,003 and all odd numbered years thereafter. c. The Christmas holiday shall be defined as the last day of school prior to the Christmas break through the everfing before school resumes. Mother shall have the Christmas holiday in 2002 and all even numbered years thereafter. Father shall have the Christmas holiday in 2003 and all odd numbered years thereafter. The remainder of the holidays shall be slhared by the parties as they can agree. e. The parties agree that the holiday schedule shall take precedence over the other regularly scheduled custodial periods. 5. The party who is to receive custody shall provide transportation. 6. While in the presence of the child, neither parem shall make any remarks or do anything wh/ch could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 7. After a period of one year from the time custody switches to Father, Mother may request that a reevaluation of the custody situation be undertaken by Dr. Chrissi Hart. The parties agree to equally pay the fees associated with Dr. Hart's reevaluation. Father agrees to cooperate in the reevaluation process. 8. The parties agree that this Stipulation shall be emered as an Order of Court and as such shall have the same full force and effect as if the matter had been tried and decided. 9. This Stipulation and Order of Court shall supersede any ex/sting custody arrangements between the parties. TI-tis Stipulation and Order of Court shall continue in full force and effect until further Order of Cour~ an&'or amended agreement in writing between the parties. 10. The parties hereby waive the right to present this Stipulation in open court or to have this their case heard by the Court at this rime. IN WITNESS WHEREOF, the parties have hereunto se't their hands and seals the date and year first above written. / Anita Spiegel] ~ o MAX SPIEGEL PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNq~/, PENNSYLVANIA 01-4680 CIVIL ACTION LAW ANITA SPIEGEL : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, July 28, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, August 30, 2004 at 10:30 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 al~pear 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. FORTHECOURT, By: /s/ Melissa P. Greevy, Esq. Custody Conciliator rnhc 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 'iTIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Ctanberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MAX SPIEGEL, Plaintiff ANITA SPIEGEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4680 CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR CUSTODY AND NOW, this day of ,2004, the parties having the best interest of their minor child, Alexis Spiegel, bom March 10, 1990, in mind, do hereby agree and stipulate as follows: 1. The parties agree to share legal custody of their minor child, Alexis Spiegel. All decisions effecting the child's growth and development including, but not limited to: medical and dental treatment; psycho~therapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as a beneficiary, other than custody litigation; education, both secular and religious; choice of camp, if any; athletic pursuits and extracurricular activities shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Primary physical custody of the minor child shall remain with Father until the end of the 2003-2004 school year. On the first Friday following the close of school for the 2003- 2004 school year in June, 2004, primary physical custody of Alexis shall switch to Mother. 3. Beginning at the end of the 2003-2004 school year, Father shall have rights of partial physical custody from that point forward in accordance with the following schedule: a. Alternating weekends from Friday 7:00 PM until Sunday at 7:00 PM. In the event that Monday is a school holiday which coincides with Father's custodial weekend, Father shall have the option of extending his custodial weekend until 7:00 PM on Monday. b, The Thanksgiving holiday shall be Father's custodial time in 2004 and all even numbered years thereafter and Mother's custodial time in 2005 and all odd numbered years thereafter. c. The Christmas holiday shall be defined as the last day of school prior to the Christmas break through the evening before school resumes. Mother shall have the Christmas holiday in 2004 and all even numbered years thereafter. Father shall have the Christmas holiday in 2005 and all odd numbered years thereafter. agree. The remainder of the holidays shall be shared by the parties as they can e. The parties agree that the holiday schedule shall take precedence over the regularly scheduled custodial periods. 4. The party who is to receive custody shall provide transportation. 5. While in the presence of the child, neither parent shall make any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 6. The parties agree that this Stipulation shall be entered as an Order of Court and as such shall have the same full force and effect as if the matter had been tried and decided. This Stipulation and Order of Court shall supersede any existing custody arrangements between the parties. This Stipulation and Order of Court shall continue in full force and effect until further Order of Court and/or amended agreement in writing between the parties. 8. The parties hereby waive the right to present this Stipulation in open court or to have this their case heard by the Court at this time. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the date and year first above written. Witness~ ~/'[/ Date: Date: MAX SPIEGEL, Plaintiff V. ANITA SPIEGEL, Defendant AUG 122U04 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4680 CIVIL ACTION - LAW IN CUSTODY .ORDER OF COURT AND NOW, to wit, this. /f~ day of .~_~~, 2004, it is hereby ORDERED and DECREED that the attached Stipulation for Custody be made an Order of this Court and said Stipulation is adopted in its entirety and incorporated herein as an Order of Court. BY THE COURT: MAX SPIEGEL, ANITA SPIEGEL, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4680 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 18th day of October, 2004, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR TH ~ ,E~T.' Custody Conciliator :237600