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Home My WebLink About00-08678 "I, ,_~,,__ , MARIA P. COGNETTI & ASSOCIATES R. ALLISON WRIGHT, ESQUIRE J.D. No. 60311 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 (717) 909-4060 Attorneys for Plaintiff KEITH NEW, Plaintiff v. FLORA NEW, aIkIa FLORA POSTERARO, Defendant ~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 00-8678 : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, H. Allison Wright, Esquire, hereby certify on this date I did serve the following individual in the following manner with a copy of the Complaint for Custody and the Order of Court scheduling a conciliation conference on January 18,2001 at 11:00 a.m. before Conciliator Melissa P. Greevy: Service Bv First Class Mail To: SamuelL. Andes, Esqurre 525 North 12th Street Lemoyne, P A 17043 Date: December 27,2000 By: MARIA P. COGNETTI & ASSOCIATES ^{~~ H. ALLISON wlnGH , ESQUIRE Attorney I.D. No. 60311 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff ~" "-0= "'''''''', ," , "",'=--~'- 'I' -,- . -.~---, ,ij " JAN 2 3 ZOO~ 0J KEITH NEW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8678 vs. FLORA NEW A/K1A FLORA POSTERARO, CIVIL ACTION - LAW CUSTODY Defendant INTERIM ORDER OF COURT AND NOW, this/__L-\ t~ day of January, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Keith New and Flora New AiKlAl Posteraro, shall have shared legal custody of the minor Child, Sean New, born January 22, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa.C.S. 9 5309, each parent shall be entitled to all records and information pertaining 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. Physical Custody. Physical custody of the minor Child shall be arranged as follows: A. Weekends. To commence January 26, 2001, Father shall have custody of the minor Child on alternate weekends from Friday at 4:30 p.m. until Sunday evening at 7:00 p.m. B. Weekdays. On Monday and Wednesday Father shall have custody from 4:30 p.m. until 6:30 p.m. On each Tuesday Father shall have custody from 4:30 p.m. until 8:30 p.m. On the Thursdays following Father's custodial weekend, Father shall have custody from 4:30 p.m. until 8:30 p.m. On Thursdays prior to Father's custodial weekend, Father shall have custody from 4:30 p.m. until 6:30 p.m. C. At all times that Father does not have custody, Mother shall have custody. '~ I - ~ ~ - ~ Fil;::/}-(j.r=C!^C _. "".' ""';1; j10l.... OF I," ~)')('YiLV"I(1-'RY "'. ,j"',-,,',,)If\ 01 "hi .~C ',< 9 u,m"..J An ; 12 CUMRt';f:!' 4," :1" C'O'UNlY .t.,.I ..L.;..\; 1 .1 PENNSYLVANIA I ~i- -~~, ," . ~_ ~JC.. "'_': ~.,'" ~,,>:gI, _,. ," ~."",.W~MIf_~~"''f"~:!~il;!j'''''--'''fQf<lij~~!i0flr,~~W,j!;~~~!~~~m1!f~\!i_l....~ JIi!~ ~ .- .~ f.'" ~-,_' _ _ '~ . .' ~-l~il"-i No. 00-8678 D. It is contemplated that the custodial weekend will begin following the regular ending of that parent's work day. However, at their option, either parent may choose to begin their custodial weekend earlier on Friday if they have are going to be off work for all or part of Friday. The parties shall give each other appropriate notice of such changes in the weekend schedule. 3. The parties shall return with their respective counsel and appear for an additional Custody Conciliation Conference before Melissa Peel Greevy, Esquire, the Conciliator, at 1 :00 p.m. on Wednesday, February 28, 2001. BY THE COURT, d1 J. Dis\: H. Allison Wright, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 Samuel L. Andes, Esquire, 525 N. 12'h Street, Lemoyne, PA 17043 ~ ~O\ t/D~~~ .l-i '-'_;i '._.;,',"'_ . " ;-', KEITH NEW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8678 vs. FLORA NEW A1K/A FLORA POSTERARO, CIVIL ACTION - LAW CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sean New January 22,1999 Mother 2. A Custody Conciliation Conference was held on January 18, 2001, with the following individuals in attendance: the Father, Keith New, and his counsel, H. Allison Wright, Esquire; the Mother, Flora New NK/A Posteraro, and her counsel, Samuel Andes, Esquire. 3. Father's position on custody is as follows: the Father would like to have shared physical custody of the minor Child. The parties did not separate until the day before the Custody Conference. Father states that it is very important for him to be involved in the Child's life as much as possible and affirms his belief that Mother's involvement is vital to the well-being of the Child as well. Father works from 8:00 a.m. until 4:30 p.m. each day and reports he has some flexibility in his work hours. In particular, Father would like to pick up the Child each day after work and have time with him on some week days for over nights as well as weekends. 4. Mother's position on custody is as follows: Mother also affirms that frequent involvement of the Father is necessary for the best interest of the Child. However, she maintains that she has been the primary caretaker of the Child. She presently works from 11 :00 a.m. until 6:00 p.m. and allows the Child to sleep until he naturally awakens each morning. She is especially concerned about changes in his schedule which might require him to be awakened early during the week and disrupt his sleep schedule. She is concerned about the impact of the Child's going back and forth between two homes and sleeping in different homes during the week. As well, she is concerned about the Child being away from either parent for long periods of time given his young age. \;! _,h ~" .. No. 00-8678 5. The parties were unable to reach an agreement as to a schedule which would allow the Child to have frequent and continuing contact with each of them. However, it was agreed the Conciliator would recommend a Temporary Order and that the parties would return to a Custody Conciliation Conference prior to proceeding to trial. The parties were also presented with the option of considering the use of private custody mediation as an alternative to resolving this dispute through litigation. The Conciliator's recommended Interim Order is attached. /~oL;)- 01 u!~2~ Melissa eel Greevy, EsqUire Custody Conciliator Date ;,.jj" ~" - ,l1. . . <'~~~l ..- APR 0 92001ffJ KEITH NEW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8678 CIVIL ACTION - LAW CUSTODY vs. FLORA NEW A1KlA FLORA POSTERARO, Defendant INTERIM ORDER OF COURT Oler, J. AND NOW, this _It rt day of April, 2001, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The prior Order of Court dated January 24, 2001, shall remain in effect. 2. The parties shall participate in an independent custody evaluation. Following the evaluation the matter shall be scheduled for a hearing. Father shall bear the cost of the custody evaluation. In the event that the parties cannot agree on an evaluator, the evaluation shall be performed by Arnold Shienvold, Ph.D. 3. Holidays. Mother shall have custody for Easter, Mother's Day weekend and Independence Day. Father shall have custody for Father's Day weekend, Memorial Day weekend and Labor Day weekend. In the event that the parents' custodial weekend is immediately followed by a holiday weekend, the alternating weekend schedule will be adjusted so that neither parent will have three consecutive weekends without a custodial weekend. By express mutual agreement the parties may modify this temporary holiday plan. The holiday schedule may be subject to modification at the time of the upcoming hearing in this matter. 4. Summer. In the summer of 2001, each party shall be entitled to one continuous period of four custodial overnights during the months of June and July to include their regular custodial weekend. The duration of the summer vacation custodial period may be expanded upon recommendation of the custody evaluator or by express mutual agreement of the parties. I~ .... ", , ,. U 1 f\P;~ " (. , . , , I I: ?i, CUMiEf:l'itJ'i\!L) COU~'JIY PENNSYLVJ\i\1J/\ """_~..,V1_"",,",~,",,,~_U:\l;!! ._[iilI.~'SlM_~~"""""J'!<*"fif'!_i@j'ffin"!WSfi'i'<~'!'{<"!H"J'$'''?~I~'\!1iW'''''1-M;iJ!~~;c;""'~~',"""""c'" ., !iJI~_ ., - " l ',. ) .... BY THE COURT, J Dls!: Samuel L. Andes, Esquire, 525 N. 12th Street, Lemoyne, PA 17043 Maris P. Cognetii, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 " .,,(-< ,_ - ~j - _ "I. j"; - ,'. .',j: _ " ~''''!.J' , KEITH NEW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8678 vs. FLORA NEW A1K1A FLORA POSTEAARO, CIVIL ACTION - LAW CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sean New January 22, 1999 Mother 2. A second Custody Conciliation Conference was held on March 28, 2001, with the following individuals in attendance: the Father, Keith New, and his counsel, Maria P. Cognetti, Esquire; the Mother, Flora New, and her counsel, Samuel L. Andes, Esquire. 3. The parties were separated on January 17, 2001, this one day prior to the first Custody Conciliation Conference. The parties were seen for a follow-up Conference on March 28, 2001. 4. Father's position on custody is as follows: Father would like additional time including periods of overnights during the week. In as much as Mother would not agree to that, Father has proposed the parties enter mediation to resolve this custody matter. Father also seeks a custody evaluation to assist them in determining what is the best arrangement for their Child. Additionally, Father would like custodial time in the summer for the purposes of vacation and a plan for how the parties will share and/or alternate the holidays. 5. Mother's position on custody is as follows: Mother has expressed concern that the Child is having difficulties since the parties' separation. In particular, she reports that he is calling out in his sleep at night. At the time of the Conference, Mother did not feel prepared to make decisions regarding mediation, a custody evaluation, a holiday schedule, or the summer plan for vacation time. She did agree that she would be willing to discuss these matters at some time in the future but did not feel prepared to discuss and make decisions about these matters on the day of the Conference. ili tirl~ --- " "t. ^;w ._~_ ~-!. "'';', , No. 00-8678 6. In as much as the parties have not been able to reach an agreement, it is agreed that the matter would be schedule for a hearing before the Court and that the Conciliator would contact the Judge for a recommendation on whether or not a hearing would be necessary to determine whether a custody evaluation would be ordered. A recommended Interim Order is attached for the Court's consideration. Date ~/b/~1 F U-{R~(J Melissa Peel Greevy, Esquire Custody Conciliator J . 1.'-- C_"._'''-'''''','''''';''_'";'_'' I:\Client Directory\New, K\pleadings,\Motion for H;:aring.wpd .. 413102 KEITH NEW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-8678 CIVIL ACTION - LAW FLORA NEW, a/k/a FLORA POSTERARO, Defendant IN CUSTODY ORDER AND NOW, to wit, this [I f-day of ----ttlf r ; ( ,2002, upon consideration of the foregoing Motion for Hearing, it is hereby ORDERED and DECREED that a Hearing is scheduled for the -.L!fay of 9~ ' 2002, at~o'clocktl.,m., in Courtroom No. L, of the Cumberland Conntr COJll1house, I <;ourt~s1'qrr' Carl~~le~lfnnsylvania. P r c.ke 2.J \ -; c) ""(\ Q.,\;1.1~ 2J)J 2. sG.:> (( _1.&.::. {;'-Jl.:,<--,tllcc..2 I o~T (l-? ('CL ~&\T")C~ J >to ~ f H,u to f-L:,- ~"-;U-C~()' BY THE COURT: / J. .~ 7J~;/ If-/tih:Ja ~ ? ~ ) /0 ?- Vt-//I~ o 'i';(;':""I~~T\o;i,1!"'.4~g,);tjf~, _~~,;;;g~",,;..r;&*'-"=_'''.,;';;'.~rJ~''''~:$,~J~~;;:.y~,,",J''-~''~'=1i.-;..k,:-,,;,~_ ,~'"__';"",\.-""l'$'''''''''''':-,,,--=",''_,",'"-'''''''',, :_"<"'~""""""""''''-'~'''~=="''''''C''''';_,",=", "~=-,~'_m"-"-"~.",".~"',,,,'___""_"""""'''~__' - ~.,~ _~ ,,",_,,,r ...--~"""~",,,,,,,,rl,,,,,,,,,~.)llq""H""-"~~"'P._=~~,~~~~~ft', ,S\l;..r.~~"",,,,,,~;:l'~g:[\t;*lifiJ~Wii\:; w j-:'II",rf)-ti":F:Cf.: I."",C T' 'Jr' _d._ ""~'i.---~'~rl\r'l.AR. V I i"i;: ';r~___'j, J I 02APR!2 PI! 1:09 CUMBEHi..AND COUNTY PENNSYLVANIA .. -'_'r_~"_F~~_~_'_.__r - -- ---'~--'r- ----..._.-~--- - -r"'-;-T_-=-T",_.;=-=-..,_,r;~"C-<><-~'_',"",,__7 w. .Ql Ie"","."., .--_c._."""".L,,,,,"f'__ -'_'"'-.,'U_'~__,C"i >>' MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney1.D. No.;27914 ;210 Grandview Avenue, Suite 10;2 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff KEITH NEW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-8678 CIVIL ACTION - LAW FLORA NEW, alk/a FLORA POSTERARO, Defendant IN CUSTODY MOTION FOR HEARING AND NOW, comes Plaintiff, Keith New, by and through his attorney, Maria P. Cognetti, Esquire, and moves this Court to enter an Order setting this case for Hearing, and in support thereof respectfully represents that: I. Plaintiff, Keith New, is an adult individual residing at 222 Constitutional Court, Mechanicsburg, Pennsylvania, 17055. 2. Defendant, Flora New, is an adult individual residing at 3704 Leyland Drive, Mechanicsburg, Pennsylvania, 17055. 3. The parties are the natural parents of one minor child namely Sean New, born January 22,1999. 4. On or about December 18, 2000, Plaintiff filed a Complaint for Custody, seeking shared legal and shared physical custody of the minor child. 5. Custody conciliation conferences were held on January 18, 2001 and March 28, 2001, before Melissa Peel Greevy, Esquire. .;r;.''idw,p,'2::!!wwa 0 ~.Bi%,r~.!jIj,- , ~ "ii!l!;bif'. ,ft :;<' "'''':::''''".i\'''''1!':'''':->:-''''''"'__~'i''''-.',,,,, ,'?""''''~'"""",,,,,,,,,,,,,,,,,",~,.i,,,,,-_,,~,;,,. ~"~',".,w,'''<::l",,,,,,,"<<i-'_J'-'7',~, ~;";",.-..__,<-"",,,-io.'" "."'""''''~_. "',"',." "C."'" ',"','. -- .'"'- I~,.-.''-''-' ..- ,-",.c",-c~_,__ _ ''",c'-"__.'___,__:ccc'c,,_ ...1 '_'~1, -,-.1- ,-i-_ ' , 6. This Court entered an Interim Order oN April II, 2001, directing that a custody hearing be scheduled following the completion of a custody evaluation of the parties. 7. A custody evaluation has been completed and a report has been prepared by Dr. Arnold T. Shienvold. 8. This matter is ripe for disposition. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order setting this matter for Hearing. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: April 3, 2002 By: < 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ,.~~ ~ . - ~ ~" '- ,,,",,,'" ., -~"" "',, ~"",,,,,,,_',",,'_j"'__"''-~_, ';-~""""",""'''''''''''k/''''''- ''''~"''''''' """-""'_"""""~" ,,-:. "". "'.S; """,,'", '-. ,,,_L=.o-_ ,.J", , -'I:,. ~ " " _,-I,~ "1."_,,,_>:1',,, I:\Client Directory\New, K\pleadinglJ;rvrotion for H:aring.wpd 4/3/02 , 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 cla8s, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, P A 17043 MARIA P. COGNETTI & ASSOCIATES Date: April 3, 2002 By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff a~ ..~ .i.~,'] "'l\%11>7~~o/lt~":'.".ff.e_"-'\:Wi''''R11'iQ_ffil'o;j'f'''''~"''''' ,"'UK~~a,", -'''''''E,~'''-''''' -;.~ W"--.'_"'7.;".,-,;W4.h-,'_ -. -- -j " d'!'"'' d-*-"";,,,~~iOcl';i!.';;;, AJ (:) ~ (") Cl c: ,"-> 0 't ~ <' --'1 II '1JCl2t ~ 9 O)CLl "0 ::-1 z~~J 'A1 ;-:i:::n __ r ,- ...... ~ 0 U)':> -::Jm 1.> ?t:;: 0 ::..;;.~ w 0 K ,.I- "U :''1 ~:~ ""c ~Cj :x {') -li ...0 -c~ c: )>c...: -';-0 r ~ '7 r::-? (:>r11 ....c: ~- ::,::-'1 :;j :...:> :iJ " co -< ~ u- __""'"'_'e,,;Ii ;r--'~ ~~ ~........ ~l ,I ~ _~~~" KEITH NEW PLAINTIFF V. FLORA NEW AIKIA FLORA POSTERARO DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8678 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 19tb day of December, 2000, upon con8ideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 18tb day of January, 2001 ,at 11:00 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to re80lve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /sl Melissa P. Greevy. Esq.f/J 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 accommodlltions available to di8abled 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 HA VB 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 ~' - '_c__ ~~ /;2. .;cO-t)? /Ol-c;){)- t2:J ):J. . dO - Otf' ~,~....-"~~ ~, - 0-= '" _ "" '":-- ~" ~~- ~" ~ . " \, q >.(J;=\::::.cc.," '''', ,. .- . - ,F,--' :(~"",',' \ \ i",R.'i . ,:,' ", ,'j I' '"IL: f" r" \"c:. ,,~,",~")n )'.'j L.~j"", .~r, 1'1-' II..) I' \ j1u - ',~,~ U' .," , ,',r., i"W{ . c' i'I' , , A)\)\" f"'U~-I\I.l.C\-\Lt''\ ',0 '-- u IV \:;E.NNS'101i\N\A w-~~~ ~4 ~ ~~~4A4 t~ frl~Av $ 4 ~ . _!rM!If\l~~lli~k~_~,~'~~Iffl~~~~lll1l'Jt.ifl~rw.~~!i"l~:W~~-fii1'l!.;.,~ "-,_-_"_.,~L-_,";,_,-,-,-,,,--,--,"----~_ """->"~"~"""",,,~,,, J",~L_o_-,h-.'"d' -'.:1 . , KEITH NEW, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 60 - fl..:'tP (]iv(. ('--r~ FLORA NEW, aIkIa FLORA POSTERARO, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, Conciliator, at the Pennsylvania, on the day of ,200_, at .m., for a Pre-Hearing Custody Conference. At 8uch 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. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT DATED: By: CU8tody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having bU8iness 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 TIDS 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 - """" ~;_'-l.",-_,_-~~_'" J-.,-,:-_,-,-,-_,_," ~_:_-_' "<'''_''_'1-.-. " MARIA P. COGNETTI & ASSOCIATES H. ALLISON WRIGHT, ESQUIRE Attorney LD. No. 60311 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff KEITH NEW, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 00- Si... n Cw<.J (~ v. FLORA NEW, a!k/a FLORA POSTERARO, Defendant : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY I. Plaintiff is Keith New, an adult individual residing at 3704 Leyland Drive, Mchanicsburg, Cumberland County, Pennsylvania 17055 until on or about December 15, 2000. After that time, Plaintiff will be residing at 222 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Flora New, a/k/a Flora Posteraro, an adult individual residing at 3704 Leyland Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: Name Present Address Age Sean New 3704 Leyland Drive Mechanicsburg, P A 22 months 4. The child was not born out of wedlock. ,!:'", .~:~ "j:l """' '~"",;;4"'''''''''w_~_""",&,_t''''~''''-'_''_'- _....->-;"'''''.,.",~~ ,.,[<_"" ,""-''''"",,",,"",''''-_"',,", "''''" ~ """E.~' "'" ...,"":>,,", ' --"_-,.,,,"",',.-*',,~_ _..,~___<~.I. .~___,--,--,:o~~___~-_,_'_ ,-: "'.- - ----,~,--,--'--""'~," ,,""'},',', .' 5. During the past five (5) years, the child has resided with the following persons at the following addressees): Name Address Dates Plaintiff & Defendant 5514 Quail Ridge Court Harrisburg, P A from birth to May, 1999 Plaintiff & Defendant 3704 Leyland Drive Mechanicsburg, P A May, 1999 to present 6. The mother of the child is currently residing at 3704 Leyland Drive, Mechanicsburg, Pennsylvania. She is married. 7. The father of the child is currently residing at 3704 Leyland Drive, Mechanicsburg, Pennsylvania. He is married. 8. The relationship of Plaintiff to the child is that offather. Plaintiff currently resides with Defendant and the child. 9. The relationship of Defendant to the child is that of mother. Defendant currently resides with Plaintiff and the child. 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. II. 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. ~'..~, #~=~ c,-', "_-""""".""",."",-,,,,,,,,,,,. ..,,""'.... - ~~_ 'u_ .--"'-- ,-- ,"""-'" "" . ,-,_,J::'.'--___" .>_'""_:__~_;;,_,j,""_,_"_'__"_ " J:,_,,,,",_,..~,,~;1.-_l' '1"--'" .. 13. The best interest and permanent welfare of the child will be served by granting the reliefrequested because Plaintiff has the child's best interests at heart and has helped raise the child since his birth. 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, Keith New, requests this Honorable Court grant him 8hared legal and physical cU8tody of the child Sean New. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: December 11, 2000 By: ~~ H. ALLISON T, ESQUIRE Attorney J.D. No. 60311 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff -.-.;c=<_-""""~,,,~:~,,-; ,;,__.0'J~'t!'I<4l\O'_.M~"~",U;<"-"'" _,,,,,,=O'",,,,,,r," ",. '" ~'" .'~W'-"""'- .' ~'<'"'W~';'-- <--, ~'t:,:;:;-,_ " '_ C~"". . .. VERIFICATION I, KEITH NEW, verifY the statements made in the within document are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authoritie8. 'ri~ H W Date: December 1/ , 2000 ._>-'~4''''-.'><'''''''.'. , ,- .~ , -- - ~, -,'" .,'. /'-' < -,-" -','" - ~ .' :; KEITH NEW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW FLORA NEW, a!kIa FLORA POSTERARO, Defendant NO. 00-8678 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of July, 2002, upon consideration of the attached letter from Defendant's counsel, Samuel L. Andes, Esq., the hearing scheduled for July 1, 2002, is continued generally. Counsel are requested to notify the court at such time as the hearing can be cancelled or rescheduled. BY TIlE COURT, Maria P. Cognetti, Esq. 210 Grandview Avenue Suite 102 Camp HilI, PA 17011 Attorney for Plaintiff ~ ~ .'7. ()~.o.v Samuel L. Andes, Esq. 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant CJ.-~ :rc I ffi I~. - "' 'u-, """""''''_n'_ (,.", Jill ' vt~ .. \,./".. ~';; P" ''";. ,... 7 Ii; C' -;, . Ci 11"\iA~i~I' cI" ,I" ('(..,. 'N"Y .... '-'i--,'J!\...J ...j-.JiIJ i PENNSYlVANIA- "'0 "', <'._<~_'_~__~_'__>_~' ~. ~,. _._. "~_,,~!^,,._ ,,"""''''i> """"_:T',>;i~li'!!fl"101~~ljOl~!~~"'-\"';~I":_;"^__>~D~_~ . "A.. jj - ~ < ,., -"'" 717-761-1435 SAM ANDES 311 P01/02 JUN 28 '02 09:05 . SAMUEL L. ANDES ATTOBNEY AT I.AW !!logS NOa'rJl TWKT.lf'tH STHEET P. O. >>OX 168 LEKOYNB, PBl(N:;YLV^IIIJA 11'04a T2LB7i"JI~:rr: "17} 7tU.c.3'i1' 28 June 2002 rA~ (7.1'1) 'NJ-J43D SBNT BY FAX &I .lJEGUIAR MAIL The Honorable J. Wesley Oler Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 BE: Keith New lIS. Flora.ro.tercuo No. 00.S678 Civil Action In Custody Dear Judge Oler: You have a. hearing scheduled before you at 9:00 R.m_ on Monday, 1 July 2002. I represent the Defendant in this matter and the Plaintiff is represented by Maria P. Cognetti, Esquire. The parties have been working with a mediator to resolve their differences in the case and have made great progress. UnfurLwlately, there is at least one item still to he worked out and they need another session or two with the mediator to do that. We are confident that they will be able to work out that ditJerence and that a hearing will nut be necessary. To give them the opportunity to finish the mediation process, we have agreed to request that the hearing scheduled fOf Monday morning be postponed. I enclose a copy of a letter from Marla Cognetti cunfirming her consent to the postponement. If the parties are able to resolve this by agreement, counsel will submit a propol:lcu ul'der to you within the next thirty days. If they are not ahle to resolve it, we will be in contact with you to request that a hearing be rescheduled. Thank you for your attention to this matter. Sincerely, SlUIluel L. Arules amh I Enc1O!mre cc: Maria P. Cognetti. El:Iquin~ (via fax) Flora M. Posteraro