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HomeMy WebLinkAbout01-5062MARIE COOK AND RUSSEL COOK, : PLAINTIFFS : : v. : CIVIL TERM : CINDY L. QUEEN, : DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA IN CUSTODY STIPULATI~N AND NOW ~his ~ day of ,2001 come Plaintiffs, Marie Cook and Russel Cook, of Carlisle, Pennsylvania, ~md Defendant, Cindy L. Queen, of Pompano Beach, Florida, and with regard to custody of thc Defendant's child, KATILIN MAFd£ QUEEN, date of birth 6/30/90, stipulate and agree as follows: 1. Custody of said child shall bc as set forth in thc foregoing Order of Court, namely, primary physical custody in Plaintiffs, who in effect are foster grandparents of thc child, and reasonable partial custody/visitation in Defendanffmothcr. 2. It is the desire and intention of the parties hereto that this Stipulation for Child Custody be entered in the Court of Common Pleas of Cumberland County, Pennsylvania, and that it be endorsed as an Order of the Court so as to have the full effect thereof. 3. This Court shall retain jurisdiction should either party seek modification of the Order in the future. I verify that the statements made in the foregoing Stipulation are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. section 4904, relating to unsworn falsification to authorities. Marie Cook, Plaintiff I verify that the statements made in the foregoing Stipulation are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. section 4904, relating to unswom falsification to authorities. WITNESS:~o~,~.~ LO ,~ Russel Cook, Plaintiff I verify that the statements made in the foregoing Stipulation are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. section 4904, relating to unswom falsification to authorities. WITNESS :,~/~~~~-~ MARIE COOK and RUSSEL COOK V. CINDY L. QUEEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5062 CIVIL TERM ORDER OF COURT AND NOW, this 11TM day of SEPTEMBER, 2001, it appears to the court that the stipulation contains insufficient information regarding the identity or whereabouts of the natural father. Consequently, the parties are directed to join the natural father or to show cause why he should not be joined pursuant to Pa. Rule of Civil Procedure 1915.6. Edward E. Guido, J. Made Cook Russel Cook 213 Alters Road Carlisle, Pa. 17013 Cindy Queen 144 Lake Street Laconia, N.H. 03246 Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, Pa. 17013 :sld MARIE COOK and RUSSEL COOK Plaintiffs CINDY L. QUEEN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA NO. 2001-5062 CIVIL TERM RESPONSE TO ORDER OF COURT TO SHOW CAUSE RESPONSE TO ORDER OF COURT TO SHOW CAUSE WHY THE NATURAI~ FATHER SHOULD NOT BE JOINED IN THIS CUSTODY MATTER PURSUANT TO PA. RULE OF CIVIL PROCEI'~URE 1915.6 1. On August 21,2001, the parties stipulated to a custody arrangement for the Defendant's natural child, KATILIN MARIE QUEEN, who was born June 30, 1990. See Exhibit A; Exhibit B. 2. KATILIN MARIE QUEEN has known and been shovo~ love and care by the Plaintiffs, husband and wife, since her birth. 3. KATILIN MARIE QUEEN and the Defendant lived with the Plaintiffs for the first three years of KATILIN MARIE QUEEN's life, on-and-off for the next two years of her life, and since then the Plaintiffs have had many periods of custody of the child when the Defendant would leave KATILIN MARIE QUEEN in their care. 4. The Defendant, Cindy L. Queen, who resides at 806 Mulberry Drive, Martinsburg, West Virginia, 25401, and the Plaintiffs, Marie and Russel Cook, who reside at 213 Alters Road, Carlisle, Pennsylvania 17013, desire to ha,ye the Plaintiffs legally designated as the child's primary custodians. Exhibit A. 5. On September 7, 2001, the parties requested this Court to enter a Custody Order based upon the August 21 stipulation. See Exhibit C. 6. On September 11, 2001, this Court entered an Order directing the parties "to join the natural father or to show cause why he should not be joined pursuant to Pa. Rule of Civil Procedure 1915.6." See Exhibit D. 7. This Order was issued because the stipulation contained insufficient information regarding the identity or whereabouts of KATILIN MARIE QUEEN'S natural father. Exhibit D. 8. KATILIN MARIE QUEEN'S Certification of Birth shows that the Father's name was not recorded. See Exhibit B. 9. The Defendant in this matter, Cindy L. Queen, KATILIN MARIE QUEEN'S natural mother, now offers an affidavit to this Court to provide the identity and explain the whereabouts of her daughter's natural father. Queen Affidavit attached as Exhibit E. 10. The "natural father is MARK SPOTTS [sic]". Queen Afl. (emphasis in original). 11. Mark Spotz knew that he was the father of KATILIN MARIE QUEEN, however chose not to support, care for, or have contact with the child. Queen Aff. 12. Mark Spotz has evidenced a settled purpose of avoiding involvement in his Daughter's life. 13. Additionally, Mark Spotz has been convicted of multiple homicides in this Commonwealth resulting in three death sentences. Queen Aff.; Commonwealth v. Spotz, 759 A.2d 1280 (Pa. 2000)(affirming the jury's verdict of guilty of first degree murder and sentence of death for the killing of Betty Amstutz); Commonwealth v. Spotz, 756 A.2d 1139 (Pa. 2000)(affirming the jury's verdict of guilty of first degree murder and sentence of death for the killing of Penny Gunnet); Commonwealth v. Spotz~ 716 A.2d 580 (Pa. 1998)(affirming the jury's w~rdict of guilty of first degree murder and sentence of death for the killing of June Olxlinger). 14. Mark Spotz also committed fratricide. Commonwealth v. Spotz, 759 A.2d 1280, 1285 n.6 (Pa. 2000)(stating Mark Spotz was convicted of involuntary manslaughter for the slaying of his brother, Dustin Spotz). 15. Mark Spotz has also been found guilty of two counts of kidnapping and various crimes of violence. Commonwealth v. Spotz, 756 A.2d 1139, 1146 (Pa. 2000)(listing the jury's convictions of first degree murder, kidnapping, robbery, theft, robbery of a motor vehicle, and more); Commonwealth v. Spotz~ 716 A.2d 580, 584 (Pa. 1998) (listing the jury's convictions of first degree murder, aggravated assault, kidnapping, robbery of a motor vehicle, and more). 16. Mark Spotz currently resides on Death Row. Interview with Records Office, State Correctional Institution at Graterford, Tel. (610) 489-4151 (January 3, 2003). 17. In addition to his three death sentences, Mark Spotz has been sentenced to a minimum of 35 years and 3 months in prison. Commonwealth v. Spotz, 756 A.2d 1139, 1146 (Pa. 2000)(reiterating the trial court's sentence for convictions of crimes related to the first degree murder of Penny Gunnet as an aggregate consecutive term of 20 years and 9 months to 41 years and 6 months); Commonwealth v. Spotz, 716. A.2d 580, 584 (Pa. 1998)( reiterating the trial court's sentence for convictions of crimes related to the first degree murder of June Ohlinger as fourteen and one-half to twenty-nine years of imprisonment to be served consecutive with the sentence imposed for the slaying of Dustin Spotz). 18. The "position taken by the [R]ules [of Civil Procedure] is that.., a parent whose parental rights have not been terminated [is a] necessary party to a custody determination." Pa. Rule of Civil Procedure 1915.6 Explanatory Comment - 1994. 19. However, 23 Pa. C.S. §5303 (Award of custody, partial custody, or visitation) requires a Court making a custody decision to consider a parent's criminal conviction if found guilty of criminal homicide. 23 Pa. C.S. §5303(b)(1). 20.23 Pa. C.S. §5303 also requires a Court making a custody decision to consider a parent's criminal conviction if found guilty of kidnapping. 23 Pa. C.S. §5303(b)(2). 21. Moreover, the paramount and sole pertinent consideration in all custody determinations regarding children is the best interest of the child involved. Garrv. Garr, 2001 Pa. Super. 110, 773 A.2d 183, 187 (2001). 22. Mark Spotz, the natural father who chose not to support, care for, or have contact with his child, KATILIN MARIE QUEEN, will be incarcerated well past KATIL1N'S 47t~ birthday -- assuming he survives three death penalties. 23. Mark Spotz is a danger to society and his daughter, KATILIN MARIE QUEEN. 24. KATILIN MARIE QUEEN is a twelve-year old student in the Big Spring Middle School, and has resided with Plaintiffs, husband and wife, since June 8th of 2001. 25. KATILIN MARIE QUEEN has been an honors and distinguished honors student the past two years at Big Spring Middle School. 26. KATILIN MARIE QUEEN has an oppommity to spend her adolescent years with a loving nurturing couple who are eager to help her become a healthy member of society, and who pose no threat to her safety or welfare. WHEREFORE, Plaintiffs Marie and Russel Cook pray that this Court enter the attached Order that has been stipulated to by the parties. BY: PA Sup. Ct. ID# 90152 Stephanie E. Chertok, Esq. PA Sup. Ct. ID# 52651 Attorneys for Plaintiffs 61 W. Louther St. Carlisle, PA 17013 717-249-1177 VERIFICATION I verify that the statements made in this petition are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unswom falsification to authorities. Date Plaintiff, Marie Cook Exhibit A MARIE COOK AND RUSSEL COOK, PLAINTIFFS CINDY L. QUEEN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL TERM IN CUSTODY STIPULATION ANDSOWthis .____~! dayof ~Lq!~S¢ , 2001come Plaintiffs, Marie Cook and Russel Cook, of Carlisle, Pennsylvania,/and Defendant, Cindy L. Queen, of Pompano Beach, Florida, and with regard to custody of the Defendant's child, KATILIN MARIE QUEEN, date of birth 6/30/90, stipulate and agree as follow.,;: 1. Custody of said child shall be as set forth in tine foregoing Order of Court, namely, primary physical custody in Plaintiffs, who in effect are' foster gr..andparents of the child, and reasonable partial custody/visitation in Defendant/mother. 2. It is the desire and intention of the parties hereto that this Stipulation for Child Custody be entered in the Court of Common Pleas of Cumberland County, Pennsylvania, and that it be endorsed as an Order of the Court so as to have the: full effect thereof. 3. This Court shall retain jurisdiction should either party seek modification of the Order in the future. I verify that the statemems made in the foregoing Stipulation are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. section 4904, relating to unswom falsification to authorities. Marie Cook, Plaintiff I verify that the statements made in the foregoing Stip~fiafion are mae and correct. I understand that false statements herein are made subject to the: penalty of 18 Pa. C.S. section 4904, relating to unswom falsification to authorities. Russel Cook, Plaintiff I verify that the statements made in the foregoing Stipulation are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. section 4904, relating to unswom falsification to authorities. // ~ DATE: _ C Exhibit B ant a, 06- 30- 3. gcjo ;~z 07266~0-~990 10079508 Exhibit C MARIE AND RUSSEL COOK, PLAINTIFFS CINDY L. QUEEN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUI~[BERLAND COUNTY, PA CIVIL TERM c~'/'- IN CUSTODY ORDER OF COURT the parties. 2. Russel Cook. 3. AND NOW, this day of ,2001, Plaintiffs, Marie Cook and Russel Cook and Defendant, Cindy L. Queen, having stipulated and agreed with regard to custody of the child, KATILIN MARIE QUEEN, d.o.b. 6/30/90, it is hereby ordered and decreed as follows: Shared legal custody of the child, KATILIN MARIE QUEEN, shall be in both of Primary physical custody of said child shall be i.n the Plaintiffs, Marie Cook and Defendant/znother, Cindy L. Queen, shall have such reasonable periods of temporary partial custody/visitation as the parties may from time to time agree. The parties further acknowledge and agree that the child's desire with regacrd to the extent and timing of any such periods of partial custody/visitation shall be honored. At l:he present time, the periods of partial custody for Defendant/mother shall include two months during the child's summer vacation fi.om school; one week during the child's Christmas vacation from school, if time allows; and such additional periods of time during the child's other vacations from school, as the parties may agree. 4. Plaintiffs agree not to seek child support at any time fi.om Defendant/mother. In exchange, mother surrenders her fight to take the federal dependent's exemption and any child credit for the child. Mother agrees to execute any IRS forms ttu~t may be required to accomplish this provision. 5. Plaintiffs shall be permitted to authorize reasonable and necessary medical treatment for the child during their periods of physical custody of her, and they shall be permitted to place her on their health insurance coverage to the degree penmitted by the insurance carrier. 6. Defendant/mother agrees to execute any and all forms required to enable Plaintiffs to secure insurance coverage for the child and to enroll the child in a local school district. 7. All expenses of travel will be bom by Defendant for those round trips required to accomplish the periods of partial custody/visitation. 8. It is the intent of all parties that the child not be: moved repeatedly as in prior years and this Agreement shall not be modified unless and until careful consideration has been given to the desires of the child in that regard. BY THECOURT, MARIE COOK AND RUSSEL COOK, PLAINTIFFS CINDY L. QUEEN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL TERM IN Cus'roDY STIPULATION Marie Cook and Russel Cook, of Carlisle, Pennsylvania, and Defendant, Cindy L. Queen, of Pompano Beach, Florida, and with regard to custody of the Defendant's child, KATILIN MARIE QUEEN, date of birth 6/30/90, stipulate and agree as follows: 1. Custody of said child shall be as set forth in the foregoing Order of Court, namely, primary physical custody in Plaintiffs, who in effect are' foster ~.andparents of the child, and reasonable partial custody/visitation in Defendant/mother. 2. It is the desire and intention of the parties hereto that this Stipulation for Child Custody be emered in the Court of Common Pleas of Cumberland County, Pennsylvania, and that it be endorsed as an Order of the Court so as to have the full effect thereof. 3. This Court shall retain jurisdiction should either party seek modification of the Order in the future. I verify that the statements made in the foregoing Stipulation are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. section 4904, relating to unswom falsification to authorities. Marie Cook, Plaintiff I verify that the statements made in the foregoing Stip~xlation are true and correct. I understand that false statements herein are made subject to the; penalty of 18 Pa. C.S. section 4904, relating to unswom falsification to authorities. / / Russel Cook, Plaintiff I verify that the statements made in the foregoing Stipulation are true and correct. I understand that false statements herein are made subjectto the penalty of 18 Pa. C.S. section 4904, relating to unswom falsification to authorities. DATE:,_ MARIE COOK and RUSSEL COOK V. CINDY L. QUEEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ; · NO. 2001-5062 CIVIL TERM ORDER OF COURT AND NOW, this .11TM day of SEPTEMBER, 2001, it appears to the court that the stipulation contains insufficient information regarding the identity or whereabouts of the natural father. Consequently, the parties are directed to join the natural father or to show cause why he should not be joined pursuant to Pa. Rule of Civil Procedure 1915.6. Marie Cook Russel Cook 213 Alters Road Carlisle, Pa. 17013 Edward E. Guido, J. Cindy Queen 144 Lake Street Laconia, N.H. 03246 Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, Pa. 17013 :sld I'RUE COPY FROM In Testimo~ay v~hereof, I here unto se~ m~, hand and the s~l of ~ Co~at ~rl~sle, Pa Th~s //~ day ~- / - Pr~o~o~f ' Exhibit E 717+249+4514 P.02 MARIE COOK AND RUSSEL COOK, PLAINTIFFS CINDY L. QUEEN, DEFENDANT IN THE COURT OF COMMON PI,EAS OF CUMBERLAND COUNTY, PA No. 01-5~62 CIVIl, TERM IN CUSTODY AFFIDAVIT_ Bclbre me. the undersigned authority, a Notary Public, in and Ibr the said County and State. personally appeared CINDY L. QUEEN, known to me (or satisfactorily proven), who. being duly sworn according to law, deposes and rays that she is the Defendant in the above- captioned custody stipulation proceeding; that she is the natural mother of KATILIN MARIE QUEEN, d.o.b. 6/30/90, who is the subjecl of said custody stipulation; that the nalural father is MARK SPO'I'FS. who has been convicted of multiple crimes and homicides in the Commonwealth of Pennsylvania and who is incarce[ated in Permsylvania for these crimes and. to lhe best ol' her knowledge, received a death sentence for one homicide. Deponent further says that she and KATILIN MARIE ,QUEEN have had no contact with MARK SPO'I'I'S for years; that MARK SPOTTS is not involved and never has been involved in thc care or support of KATILIN; and that this was by his choice, in that he did know that he was KATll,IN'S I~ther. Sworn to and subacfi~ ~fore me / Nota~ Public MARIE AND RUSSEL COOK, PLAINTIFFS CINDY L. QUEEN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 2001-:5062 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this I~~ ~ day of. ' ., 2003, Plaintiffs, Marie Cook and Russel Cook and Defendant, Cindy L. Queen, having stipulated and agreed with regard to custody of the child, KATILIN MARIE QUEEN, d.o.b. 6/30/90, it is hereby ordered and decreed as follows: Shared legal custody of the child, KATILIN MARIE QUEEN, shall be in both of the parties. 2. Russel Cook. 3. Primary physical custody of said child shall be in the Plaintiffs, Marie Cook and Defendant/mother, Cindy L. Queen, shall have such reasonable periods of temporary partial custody/visitation as the parties may from time to time agree. The parties further acknowledge and agree that the child's desire with regard to the extent and timing of any such periods of partial custody/visitation shall be honored. At the present time, the periods of partial custody for Defendant/mother shall include two months during the child's summer vacation from school; one week during the child's Christmas vacation from school, if time allows; and such additional periods of time during the child's other vacations from school, as the parties may agree. 4. Plaintiffs agree not to seek child support at any time from Defendant/mother. In exchange, mother surrenders her right to take the federal dependent's exemption and any child credit for the child. Mother agrees to execute any IRS forms that may be required to accomplish this provision. 5. Plaintiffs shall be permitted to authorize reasonable and necessary medical treatment for the child during their periods of physical custody of her, and they shall be permitted to place her on their health insurance coverage to the degree permitted by the insurance carrier. 6. Defendant/mother agrees to execute anY and all forms required to enable Plaintiffs to secure insurance coverage for the child and to enroll the child in a local school district. 7. All expenses of travel will be bom by Defendant for those round trips required to accomplish the periods of partial custody/visitation. 8. It is the intent of all parties that the child not be moved repeatedly as in prior years and this Agreement shall not be modified unless and until careful consideration has been given to the desires of the child in that regard. Jo