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HomeMy WebLinkAbout03-5620STEVEN D. DEVANIE, Plaintiff VS. AMY NICOLE RIGGELMAN, JOEL SIGMAN, and NANCY SIGMAN, Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. O3- ~-C,.~ 0.zN~ -'j--.,~- : CIVIL ACTION - AT LAW : CUSTODY COMPI,AINT IN CUSTODY AND NOW, the Plaintiff, Steven D. DeVanie, by and through his attorney, Jeann~ B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The Plaintiff, Steven D. DeVanie, is an adult individual who currently resides at 101 S. Second Street, Apt. 1409, Harrisburg, Dauphin Counly, Pennsylvania 17101. 2. The Defendant, Amy Nicole Riggelman, is an adult individual whose current residence is unknown. 3. The Defendant, Joel T. Sigman, is an adult individual who currently resides at 22 Meade Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 4. The Defendant, Nancy K. Sigman, is an adult individual who currently resides at 22 Meade Drive, Carlisle, Cumberland County, Pennsylvania 17013. 5. The Plaintiff seeks shared custody of the following child: Name Presen! Residence Age Shawn C. Sigman 22 Meade Drive 18 months Carlisle, PA 17013 DOB 6/9/2002 The child is presently in the custody of his maternal grandparents, Defendants Joel Sigman and Nancy Sigman, who reside at 22 Meade Drive, Carlisle, Cumberland County, Pennsylvania 17013. Since birth, the child has resided with the following persons at the following addresses: Name Defendant Joel Sigman Defendam Nancy Sigman Defendant Amy Riggelman Defendant Amy Riggelman Addres~ 22 Meade Drive Carlisle, PA 17013 Carlisle, PA Carlisle, PA Spring 2003 to present? Dates unknown Dates unknown Glen Riggelman (Amy's husband) The natural father of the child is Plaintiff, Steven D. DeVanie, currently residing at 101 S. Second Street, Apt. 1409, Harrisburg, Dauphin County, Pennsylvania 17101. The natural mother of the child is Amy Nicole Riggelman, Defendant, whose current residence is unknown. Plaintiff and Defendant have never been married to each other and the child was bom out of wedlock. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff cun'ently resides with the following persons: The relationship of Defendant Amy Nicole Riggelman to the child is that of natural mother. It is unknown with whom Mother resides. The relationship of Defendant Joel T. Sigman to the child is that of natural matemal grandfather. 10. The relationship of Defendant Nancy K. Sigman to the ch/Id is that of natural maternal grandmother. Defendants Joel Sigman and Nancy K. Sigman reside together with the child. Plaimiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plalmiffis the natural father of the child. (b) Plaintiff desires a specific schedule during which to build a meaningful relationship with his son. (c) The child will benefit from a meaningful relationship developed by spending quality time with Plaintiff, his natural father. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order granting him shared physical and legal custody of his son. Dated: Respectfully submitted, Jeann6 B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 STEVEN D. DEVANIE, Plaintiff VS. AMY NICOLE RIGGELMAN, JOEL SIGMAN, and NANCY SIGMAN, Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : CIVIL ACTION - AT LAW CUSTODY VERIFICATION I, Steven D. DeVanie, hereby verify that the statements made in the foregoing Complaim in Custody are tree and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: /0-~,Q'-~-~ .3 Signature: Steven D. DeVanie STEVEN D. DEVANIE PLAINTIFF AMY NICOLE RIGGELMAN, JOEL SIGMAN, AND NANCY SIGMAN DEFENDAN' AND NOW, it is hereby directed that patti at 39 West Main Street for a Pre-Hearing Custody Cc if this cannot be accomplishe~ order. All children age five provide grounds for entry of The court hereby dir Special Relief orders, and C The Court of C. with Disabilites Act of available to disabled indi must be made at least 72 conference or hearing. YOU SHOULI HAVE AN ATTORNEY FORTH BELOW TO FII' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-5620 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT hursday, October 30, 2003 , upon consideration of the attached Complaint, and their respective counsel appear before Dawn S. Sunday,_Esq. _, the cone leehaniesburg, PA 17055 on Tuesday, December 02, 2003 at 10:00 aference. At such conference, an effort will be made to resolve the issues in disput to define and narrow the issues to be heard by the court, and to enter into a tempo older may also be present at the conference. Failure to appear at the conference m temporary or permanent order. ,~ets the parties to furnish any and all existing Protection from Abuse orders, lstody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq, Custody Conciliator ~mmon Pleas of Cumberland County is required by law to comply with the Ameri, 90. For information about accessible facilities and reasonable accommodations ,iduals having business before the court, please contact our office. All arrangeme lours prior to any hearing or business before the court. You must attend the schedu ) TAKE THIS PAPER TO YOUR ATFORNEY AT ONCE. IF YOU DO NOT DR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET D OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 liator, AM :; or 'ary ~y ns 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN D. DEVANE, Plaintiff AMY NICOLE RIGGELMAN, JOEL SIGMAN and NANCY SIGMAN, Defendants No. 03-5620 CIVIL ACTION - LAW 1N CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendants, Amy Nicole Riggelman, Joel Sigman and Nancy Sigman, in the above-captioned matter. Date: HANFT ,KNIGHT, P.C. . Attorney I.D. No. 57976 Sean M. Slmltz, Esquire Attorney I.D. No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013 -9142 (717) 249-5373 Attorneys tbr Defendants iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY'LVANIA STEVEN D. DEVANIE, Plaintiff AMY NICOLE RIGGELMAN, JOEL SIGMAN and NANCY SIGMAN, Defendants No. 03-5620 CIVIL ACTION - LAW 1N CUSTODY NOTICE TO PLEAD TO: Steven D. Devanie, c/o Jeann6 B. Costopoulos, Esquire You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. HANFT & KNIGHT, P.C. ~ltitCohm%ly Ji. DH fU~fot i E5 ;¢~7 e ~ Sean M. Shultz, Esquire Attorney I.D. No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013 -9142 (717) 249-5373 Attorneys fbr Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN D. DEVANIE, Plaintiff AMY NICOLE RIGGELMAN, JOEL SIGMAN and NANCY SIGMAN, Defendants No. 03-5620 CIVIL ACTION - LAW IN CUSTODY PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT IN CUSTODY AND NOW, this ~[ffaday of November, 2003, come Defendants, Amy Nicole Riggleman, Joel Sigman and Nancy Sigman, by and through their attorneys, Hanft & Knight, P.C. and files the followthg Preliminary Obi ections of Defendants to Plaintiff's Complaint in Custody and in support thereof avers as follows: PRELIMINARY OBJECTION: LEGAL INSUFFICIENCY OF THE PLEADING 1. On or about October 24, 2003, Plaintiff, Stephen iD. Devanie, filed a Complaint in the instant action. A copy of Plaintiff's Complaint is attached hereto as Exhibit "A". Paragraph 7 of the Complaint alleges that Plaintiff is the natural father of the child, Shawn C. Sigman. 3. Paragraph 7 also alleges that after birth the child first resided with Defendant, AmyNicole Riggleman and her husband, Glenn Riggleman. 4. Paragraph 7 then alleges that the child was born out of wedlock. 5. The child is in fact a child of the marriage between Defendant AmyNicole Riggleman and her then husband, Glenn Riggleman. 6. Glenn Riggleman, husband to Defendant AmyNico[e Riggleman, at the time of the child's conception and birth, is the presumptive father of the child under 23 Pa. C.S.A. § 5102. See Jones v. _Trojak, 535 Pa. 95, 104, 634 A.2d 201,206 (1993). 7. Therefore, Plaintiffhas no standing in this matte, r and his Complaint is legally insufficient. WHEREFORE, Defendants Amy Nicole Riggleman, Joel Sigrnan and Nancy Sigman respectfully request that Plaintiff's Complaint be dismissed because the Plaintiff's pleading is legally insufficient. Respectfully Submitted, Date: HANFT & KNIGHT, P.C. 'chael J. Hanft, Esquire ,~/ Attorney I.D. No. 57976 Sean M. Shultz, Esquire Attorney I.D. No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN D. DEVANIE, Plaintiff AMY NICOLE RIGGELMAN, JOEL SIGMAN and NANCY SIGMAN, Defendants No. 03-5620 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE ANDNOW, this "d-~'~1~ dayof_jk~oC¢-~,~ ~;~v'- ,2003, I, SeanM. Shultz, Esquire, hereby certify that I have this day served the following person with a copy o fthe foregoing Preliminary Objections, by first class, United States Mail, postage pre-paid, addressed as follows: Seann~ B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 Attorney for Plaintiff HANFT & KNIGHT, P.C. Michael J. Hanft, Esquire Attorney I.D. No. 57976 Sean M. Shultz, Esquire Attorney I.D. No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249'-5373 Attorneys for Defendants STEVEN D. DEVANIE, Plaintiff VS. AMY NICOLE RIGGELMAN, JOEL SIGMAN, and NANCY SIGMAN, Defendants THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-5620 CIVIL ACTION - AT LAW CUSTODY PI,AINTIFF'~ RE~PON~E TO PRELIMINARY OR.IECTION~ OF DEFENDANTS AND NOW, the Plaintiff, Steven D. DeVanie, by and through his attomey, Jeann~ B. Costopoulos, Esquire, files the following Response to Preliminary Objections of Defendants to Plaintiff's Complaint in Custody: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Paragraph 5 of Defendants' preliminary objections contains a conclusion of law to which no response is required. 6. Paragraph 6 of Defendants' preliminary objections contains a conclusion of law to which no response is required. 7. Paragraph 7 of Defendants' preliminary objections contains a conclusion of law to which no response is required. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Defendants' preliminary objections to his complaim. Dated: Respectfully submitted, Jeann~ B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 STEVEN D. DEVANIE, Plaintiff VS. AMY NICOLE RIGGELMAN, JOEL SIGMAN, and NANCY SIGMAN, Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-5620 : : CIVIL ACTION - AT LAW : CUSTODY I, Jeann~ B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing documem upon the person and in the manner indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Michael J. Hanft, Esquire Sean M. Schultz, Esquire 19 Brookwood Avenue; Suite 106 Carlisle, PA 17013-9142 DATED: BY: Jeann~ B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the within matter for the next Argument Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN D. DEVANIE, Plaintiff AMY NICOLE RIGGELMAN, JOEL SIGMAN and NANCY SIGMAN, Defendants No. 03-5620 CIVIL ACTION - LAW 1N CUSTODY 1. State matter to be argued (i.e., plaintiff's motion Jbr new thai, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections 2. Identify counsel who will argue case: (a) For Plaintiff: Jeann6 B. Costopoulos, Esquire, The Executive Offices at Rossmoyne, 5000 Ritter Road, Suite 202, Mechanicsburg, Pennsylvania 17055. (b) For Defendants: Scan M. Shultz, Esquire, Hanft & Knight, P.C., 19 Brookwood Avenue, Suite 106, Carlisle, Pennsylvania 17013. argument. I will notify all parties in writing within two days that this case has been listed for 4. Argument Court Date: March 24, 2004 Respectfully submitted, Dated: February l~ , 2004 l-I~~& lcd'NIGHT, p.C. /~!. ~clTael J. l-[anft, E~luire Attorney ID No. 57976 Scan M. Shnltz, Esquire Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Penmsylvania 17013-9142 (717) 249-5373 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN D. DEVANIE, Plaintiff AMY NICOLE RIGGELMAN, JOEL SIGMAN and NANCY SIGMAN, Defendants No. 03-5620 CIVIL ACTION - LAW IN CUSTODY PRAECIPE To the Court Administrator: Pursuant to agreement among the parties, please withdraw the Preliminary Objections filed by Defendants in the above-captioned case and remove the matter from the Argument List. Dated: March 16, 2004 Respectfully submitted, Michael J. Hanft, Esquire Attorney I.D. No. 57976 Sean M. Shultz, Esquire Attorney 1D No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN D. DEVANIE, Plaintiff AMY NICOLE RIGGELMAN, JOEL SIGMAN and NANCY SIGMAN, Defendants No. 03-5620 CIViL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE AND NOW, this IG*~ day of fl~,tv~c ~i ,2004, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Praecipe, by first class, United States Mail, postage pre-paid, addressed as follows: Jearm6 B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 Attorney for Plaintiff HANFT & KNIGHT, P.C. Sean M. Shultz, Esquire /~ Attorney I.D. No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Defendants STEVEN D. DEVANIE Plaintiff VS. AMY NICOLE RIGGELMAN, JOEL SIGMAN, AND NANCY SIGMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5620 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 2 7' day of W4~,r~.'/ , 2004, upon consideration of the attached Custody Conciliation Report, it~is ordered and directed as follows: 1. The Plaintiff shall undergo testing, and the Maternal Grandparents shall make the Child available for testing for the purpose of determining paternity. The Father shall select the facility which will conduct the testing and shall be responsible for all costs. The ]parties shall cooperate in ensuring that the testing is completed in a timely manner. 2. Within sixty days of receipt of paternity test results confirming paternity in the Plaintiff, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. BY THE COURT, / ess J. cc: ~eanne B. Costopoulos, Esquire - Counsel for Father MVlichael J. Hanf~, Esquire and Sean M. Shultz, Esquire - Counsel for Mother and Maternal Grandparents STEVEN D. DEVANIE Plaintiff VS. AMY NICOLE RIGGELMAN, JOEL SIGMAN, AND NANCY SIGMAN Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5620 CIVIL ACTION LAW IN CUSTODY Prior Judge: Kevin A. Hess 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 conceming the Child who ils the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Shawn C. Sigman June 9, 2002 Maternal Grandparents 2. A Custody Conciliation Conference was held on April 15, 2004, with the following individuals in attendance: The Father, Stephen D. DeVanie, with his coansel, Jeanne B. Costopoulos, Esquire, and the Mother, Amy Nicole Riggelman, and the Maternal Grandparents, Joel and Nancy Sigman, with their counsel, Michael J. Hanfl, Esquire and Scan M. Shultz, Esquire. 3. A Custody complaint concerning this Child was initially filed at Docket No. 2003-2703, in which the Maternal Grandparents were the Plaintiffs and the Mother was the Defendant. At that time, the Mother had not identified the Father in the present action as the father of the Child and he was not named as a party. An agreed upon Order was entered in the 2003 action under which the Maternal Grandparents have primary physical custody of the Child subject to the Mother's periods of partial custody. The parties agreed at the current conciliation conference that the prior action would be consolidated with this action in the event that the Father's pate:mity is confirmed pursuant to the attached Order. 4. The parties agreed to entry of an Order in the form as attached. Date t- I Dawn S. Sunday, Esquire Custody Conciliator STEVEN D. DEVANIE, Plaintiff AMY NICOLE RIGGELMAN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-5620 : : CIVIL ACTION - LAW JOEL S1GMAN, AND NANCY SIGMAN, : CUSTODY Defendant : PETITION TO ENTER STIPULATION AS ORDER OF COURT AND NOW, come the parties, Steven D. DeVanie, Amy Nicole Riggelman, Joel Sigman, and Nancy Sigman, and respectfully request the following Stipulation to be entered as an order of court: WHEREAS the parties, STEVEN D. DEVANIE (Father hereinafter), and AMY NICOLE RIGGELMAN (Mother hereinafter), have born to them one child, namely SHAWN C, SIGMAN, bom June 9, 2002 (child hereinafter); and WHEREAS the parties, JOEL SIGMAN and NANCY SIGMAN (Grandparents hereinafter), are the natural maternal grandparents of the child. WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and, WHEREAS, all parties have been provided an opportunity to review the Agreement with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Physical Custody Grandparents shall have primary physical custody of the child. Father shall have partial custody of the child on alternating weekends, the dates and times to be agreed upon between the parties. It is the intention of the parties to gradually increase Father's custodial periods from supervised visits with Grandparents to unsupervised overnight periods of partial custody. The parties will be sensitive to the child's comfort level as Father's custodial periods are increased. Father may exercise additional periods of partial custody with the child at such other times as agreed upon between Father and Grandparents. Mother shall have partial custody of the child as determined by Grandparents. The parties agree to modify the custody schedule as necessa~, in light of family necessities, illnesses, weather conditions, important commitments, or other situation in which the parties would be reasonably expected to cooperate with each other in the child's best interest with regard to schedule changes. Le~,al Custody Legal custody of the child shall be shared by Grandparents and Father jointly. They shall consult with each other relative to all important decisions concerning the child, including such matt~s as health, education, and religion. They shall act together with a view to having a harmonious policy calculated to promote the best interest of the child. Each of them shall have access to all the child's medical, dental, hospital, and school records, including test results and report cards; each shall permit and encourage communication by the others with doctors, teachers, and school administrators regarding the child's health and education progress. Grandparents shall notify Father of all doctor, dentist, or other medical appointments and he shall be permitted and encouraged to attend all such appointments. Grandparents shall notify Father of all school or other events involving the child and he shall be permitted and encouraged to attend all such events. 3. Maior Holidays/Birthdays The parties shall share major holidays and the child's birthday in an equal a manner as possible, the details of which shall be agreed upon between the parties. 4. Transportation The parties agree that transportation to and from their residences shall be shared ia as equal a manner as possible. All parties agree to comply with all child restralm laws when transporting the child. 5. Noti~ of Wher~about~Illn~as Each party agrees to keep the other reasonably informed of the whereabouts of the child while with the other party. If either party has knowledge of illness or accident or other serious circumstance affecOng the welfare of the child, he or she shall promptly notify the other party of said cimumstances. Each party shall provide the others with his or her home, work, and cellular phone nmbers. WHEREFORE, the parties, inter, ding to be legally bound, and with the desire that this Agreement be entered as an order of court, hereby set their hands and seals and the date of their acknowledgment. N OLE RIGG L Date Date ?- Date Date STEVEN D. DEVANIE, Plaintiff AMY NICOLE RIGGELMAN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-5620 : : CIVIL ACTION - LAW JOEL SIGMAN, AND NANCY SIGMAN, : CUSTODY Defendant : ORDER OF COURT AND NOW, this /~ * day of .J~/,~.t,- , 2004, upon consideration of thc within Petition to Enter Stipulation as an Order of Court, the Petition is hereby granted. BY THECOURT: J STEVEN D. DEVANIE, Plaintiff V. AMY NICOLE RIGGELMAN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COLrNTY, PENNSYLVANIA : No. 03-5620 : : CIVIL ACTION - LAW JOEL SIGMAN, AND NANCY SIGMAN, : CUSTODY Defendant : PETITION TO ENTER STIPULATION AS ORDER OF COURT AND NOW, come the parties, Steven D. DeVanie, Amy Nicole Riggelman, Joel Sigman, and Nancy Sigman, and respectfully request the following Stipulation to be entered as an order of COklrt ~ WHEREAS the parties, STEVEN D. DEVANIE (Father hereinafter), and AMY NICOLE RIGOELMAN (Mother hereinafter), have bom to them one child, namely SHAWN C. SIGMAN, bom June 9, 2002 (child hereinafter); and WHEREAS the parties, JOEL SIGMAN and NANCY SIOMAN (Grandparents hereinafter), are the natural maternal grandparents of the child. WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and, WHEREAS, all parties have been provided an opportunity to review the Agreement with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: I. Physical Custody GrandpapmCs shall have primary physical custody of the child. Father shall have partial custody of the child on alternating weekends, the dates and times to be agreed upon between the parties. It is the intention of the parties to gradually increase Father's custodial periods fi.om supervised visits with Grandparents to unsupervised overnight periods of partial custody. The parties will be sensitive to the child's comfort level as Father's custodial periods are increased. Father may exercise additional periods of partial custody with the child at such other times as agreed upon between Father and Grandparents. Mother shall have partial custody of the child as determined by Grandparents. The parties agree to modify the custody schedule as necessary in light of family necessities, illnesses, weather conditions, important commitments, or other situation in which the parties would be reasonably expected to cooperate with each other in the child's best interest with regard to schedule changes. Legal Custody Legal custody of the child shall be shared by Grandparents and Father jointly. They shall consult with each other relative to all important decisions concerning the child, including such matters as health, education, and religion. They shall act together with a view to having a harmonious policy calculated to promote the best interest of the child. Each of them shall have access to all the child's medical, dental, hospital, and school records, including test results and report cards; each shall permit and encourage communication by the others with doctors, teachers, and school administrators regarding the child's health and education progress. Grandparents shall notify Father of all doctor, dentist, or other medical appointments and he shall be permitted and encouraged to attend all such appointments. Grandparents shall notify Father of all school or other events involving the child and he shall be permitted and encouraged to attend all such events. 3. Maior Holidavs/Birthdavs The pa~ies shall share major holidays and the child's birthday in an equal a manner as possible, the details of which shall be agreed upon between the parties. 4. Transoortation The parties agree that transportation to and from their residences shall be shared in as equal a manner as possible. All parties agree to comply with all child restraint laws when transporting the child. 5. Notice of Whereabouts/Illness Each party agrees to keep the other reasonably informed of the whereabouts of the child while with the other party. If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the child, he or she shall promptly notify the other party of said circumstances. Each party shall provide the others with his or her home, work, and cellular phone numbers. WHEREFORE, the parties, intending to be legally bound, and with the desire that this Agreement be entered as an order of court, hereby set their hands and seals and the date of their acknowledgment. ,iI / NANC~.~ff~SIGM~N Date Date Date Date STEVEN D. DEVANIE Plaintiff VS. AMy NICOLE RIGGELMAN, JOEL SIGMAN, AND NANCY SIGMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5620 CIVIL ACTION LAW IN CUSTODy O~RI)~ER AND NOW, this 1._~5th _ day of ~, the conciliator, having received no request from either of the parties or counsel to reschedule the custody conciliation conference originally set for August 2, 2004, hereby relinquishes Jurisdiction. FOR THE COURT, Custody Conciliator