The URL can be used to link to this page

Home My WebLink About08-7497GRETCHEN L. SPITZER, Plaintiff/Petitioner V. IAN C. SPITZER, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (?g 741q7 0,.i L'7i CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Gretchen L. Spitzer, residing at 765 Vista Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Ian C. Spitzer, residing at 765 Vista Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks primary physical custody of the following children: NAME PRESENT RESIDENCE D.O.B. Ava Spitzer 765 Vista Drive May 22, 2002 Camp Hill, Pennsylvania Elsie Spitzer 765 Vista Drive September 22, 2004 Camp Hill, Pennsylvania Barrett Spitzer 765 Vista Drive June 8, 2007 Camp Hill, Pennsylvania The children were not born out of wedlock. The children are presently in the custody of Plaintiff and Defendant, who reside at 765 Vista Drive, Camp Hill, Pennsylvania. During the past five years, the minor children, Ava Spitzer and Elsie Spitzer, have resided with the following persons and at the following addresses: NAME RESIDENCE DATE Gretchen L. Spitzer 465 Country Club Road Birth to Ian C. Spitzer Camp Hill, Pennsylvania July 2005 Gretchen L. Spitzer 765 Vista Drive July 2005 to Ian C. Spitzer Camp Hill, Pennsylvania Present During the past five years, the minor child, Barrett Spitzer, has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Gretchen L. Spitzer 765 Vista Drive Birth to Ian C. Spitzer Camp Hill, Pennsylvania Present The mother of the children is Plaintiff, currently residing at 765 Vista Drive, Camp Hill, Pennsylvania. She is married. The father of the children is Defendant, currently residing at 765 Vista Drive, Camp Hill, Pennsylvania. He is married. 4. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Ian C. Spitzer husband Ava Spitzer daughter Elsie Spitzer daughter Barrett Spitzer son 5. The relationship of Defendant to the children is that of Father. The Defendant currently resides with the following persons: NAME Gretchen L. Spitzer Ava Spitzer Elsie Spitzer Barrett Spitzer RELATIONSHIP wife daughter daughter son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiff, Gretchen L. Spitzer, requests the court to grant primary custody of the minor children, Ava Spitzer, born May 22, 2002; Elsie Spitzer, born September 22, 2004; and Barrett Spitzer, born June 8, 2007, to her. Dated: A2.12-41o6 By: Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP P.O. Box 650 N Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff VERIFICATION I, Gretchen L. Spitzer, verify that the statements made in the foregoing Pleading 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 unsworn falsification to authorities. Date: IA -off q-()g po, .q 4 F N r, <.D _ ? •a _r C7 GRETCHEN L. SPITZER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. IAN C. SPITZER DEFENDANT 2008-7497 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 31, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 29, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4?7 '00??, e GRETCHEN L. SPI TZER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08-7497 IAN C. SPITZER, CIVIL ACTION - LAW Defendant IN CUSTODY STIPULATED ORDER AND NOW, this day of February, 2009, based upon an agreement of the parties pending hearing in this matter, the following Order is entered: 1. Gretchen L. Spitzer (hereinafter referred to as "Mother') and Ian C. Spitzer (hereinafter referred to as "Father"), will share legal custody of the minor children, namely, Ava Spitzer, born May 22, 2002; Elsie Spitzer, born September 22, 2004; and Barrett Spitzer, born June 8, 2007. 2. Mother will have primary physical custody of the minor children. 3. Father will have partial custody of the minor children based on the following schedule: a. Every other weekend from 5:00 p.m. Friday until 7:00 p.m. Sunday beginning the weekend of March 20, 2009. b. Every Wednesday from 4:00 p.m. until 7:00 p.m. beginning Wednesday, March 25, 2009. C. On the Monday following Mother's weekend with the children from 4:00 p.m. until 7:00 p.m. beginning March 30, 2009. 4. The parent receiving the children will provide t wisportation. 5. Both Parties shall be entitled to reasonable phone contact with the children when they are in the custody of the other party. 6. The parties will have the following holiday schedule pending a full hearing in this matter: a. Mother will have Easter Sunday from 10:00 a.m. until 3:00 p.m. and Father will have Easter Sunday from 3:00 p.m. until 8:00 p.m.; b. Mother will have Memorial Day from 9:00 a.m. until 8:00 p.m.; C. Father will have the Fourth of July from 9:00 a.m. until 8:00 p.m.; d. Mother will have Labor Day from 9:00 a.m. until 8:00 p.m.; e. The remaining holidays as well as a vacation schedule shall be established by the Court at the time of hearing in this matter. J. Distribution: ./f J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033, Attorney for Plaintiff es G. Nealon, III, Esquire, 2411 North Front Street, Harrisburg, PA 17110, Attorney for Defendant CO 1 ?5 ,nay 1 I i" . V SZ, 9 J 6 ..31-1 „ u GRETCHEN L. SPITZER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-7497 IAN C. SPITZER, CIVIL ACTION - LAW Defendant IN CUSTODY STIPULATED ORDER AND NOW, this May of February, 2009, based upon an agreement of the parties pending hearing in this matter, the following Order is entered: 1. Gretchen L. Spitzer (hereinafter referred to as "Mother") and Ian C. Spitzer (hereinafter referred to as "Father"), will share legal custody of the minor children, namely, Ava Spitzer, born May 22, 2002; Elsie Spitzer, born September 22, 2004; and Barrett Spitzer, born June 8, 2007. 2. Mother will have primary physical custody of the minor children. 3. Father will have partial custody of the minor children based on the following schedule: a. Every other weekend from 5:00 p.m. Friday until 7:00 p.m. Sunday beginning the weekend of March 20, 2009. b. Every Wednesday from 4:00 p.m. until 7:00 p.m. beginning Wednesday, March 25, 2009. C. On the Monday following Mother's weekend with the children from 4:00 p.m. until 7:00 p.m. beginning March 30, 2009. 4. The parent receiving the children will provide transportation. 5. Both Parties shall be entitled to reasonable phone contact with the children when they are in the custody of the other party. 6. The parties will have the following holiday schedule pending a full hearing in this matter: a. Mother will have Easter Sunday from 10:00 a.m. until 3:00 p.m. and Father will have Easter Sunday from 3:00 p.m. until 8:00 p.m.; b. Mother will have Memorial Day from 9:00 a.m. until 8:00 p.m.; C. Father will have the Fourth of July from 9:00 a.m. until 8:00 p.m.; d. Mother will have Labor Day from 9:00 a.m. until 8:00 p.m.; e. The remaining holidays as well as a vacation schedule shall be established by the Court at the time of hearing in this matter. BY TH J. Distribution: X?n J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033, Attorney for Plaintiff ames G. Nealon, III, Esquire, 2411 North Front Street, Harrisburg, PA 17110, Attorney for Defendant no 1 1 =01 Nv £- 8dv 6061 Jui? IQN'yLx?-L0, d 3HI JO 30L-U u . H