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HomeMy WebLinkAbout06-1989MICHELLE M. SPEAKER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLAVNIA V. :NO. cC,c--T?? PETER J. SPEAKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Michelle M. Speaker, residing at 53 Gale Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Peter J. Speaker, residing at 121 November Drive, Apartment 3, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks primary custody of the following children: NAME PRESENT RESIDENCE Fred Speaker 53 Gale Road Camp Hill, PA 17011 Jacqueline M. Speaker* Samuel J. Speaker 121 November Drive, Apt. 3 Camp Hill, PA 17011 and 53 Gale Road Camp Hill, PA 17011 D.O.B. 11/15/88 8/26/90 *moves between Plaintiff & Defendant's addresses. 53 Gale Road Camp Hill, PA 17011 1/6/92 Victoria A. Speaker 53 Gale Road 9/1/98 Camp Hill, PA 17011 4. The children were not born out of wedlock. 5. The children are presently in the custody of mother who resides at 53 Gale Road, Camp Hill, Pennsylvania. 6. During the past five years, the children have resided with the following persons and at the following addresses: NAME RESIDENCE DATE Michelle M. Speaker 53 Gale Road 1992 to Peter J. Speaker Camp Hill, PA 17011 12/21/05 7. The mother of the children is Michelle M. Speaker, currently residing at 53 Gale Road, Camp Hill, Pennsylvania. She is married. 8. The father of the children is Peter J. Speaker, currently residing at 121 November Drive, Apartment 3, Camp Hill, Pennsylvania. He is married. 9. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Fred Speaker Son Jacqueline M. Speaker Daughter (shared/see paragraph 3 hereof). Samuel J. Speaker Son Victoria A. Speaker Daughter 10. The relationship of Defendant to the children is that of father. The Defendant currently resides with the following persons: NAME RELATIONSHIP Jacqueline M. Speaker Daughter (shared/see paragraph 3 hereof). 11. 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. 12. The best interest and permanent welfare of the children will be served by granting the relief requested. 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, the Plaintiff, Michelle M. Speaker, requests the court to grant her primary custody of the minor children, Fred Speaker, Jacqueline M. Speaker, Samuel J. Speaker and Victoria A. Speaker. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: { - j - (y By: John J. Cormelly, Jr. Attorney I.D 1115615 P'.0. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff VERIFICATION I, Michelle M. Speaker, verify that the statements made in this 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: Mi elle M. Speaker MICHELLE M. SPEAKER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLAVNIA V. : NO. PETER J. SPEAKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Michelle M. Speaker, hereby certify that I have served a copy of the foregoing Complaint for Custody on the following on the date and in the manner indicated below: U.S MAIL, FIRST CLASS, PRE-PAID Ann V. Levin, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, PA 17110 JAMES, SMITH, DIETTERICK & CONNELLY,LLP Dated: q - 5 - D(, By: John ConrWly, Jr., Esqui •e Attorn(y I.D. %115615 P.O. BOX 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff Michelle M. Speaker T - -` r?\jTni1)T t' - \ V _h1\1l W J.a MICHELLE M. SPEAKER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PETER J. SPEAKER DEFENDANT 06-1989 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 11, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 03, 2006 at 9:30 AM ---------- ------ for a Pre-Hearin, 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/ Dawn S. Sunday, 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 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 k-,- ?? t -; 3 h? ,"E- E!;VLLY 0** W MICHELLE M. SPEAKER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 06-1989 CIVIL ACTION LAW PETER J. SPEAKER Defendant IN CUSTODY ORDER OF COURT AND NOW, this ?K day of V-A , 2006, upon consideration of the attached Custody Conciliation iMport, it is ordered and directed as follows: The Father, Peter Speaker, and the Mother, Michelle Speaker, shall have shared legal custody of Fred Speaker, born November 15, 1988, Jacqueline Speaker, bom August 26, 1990, Samuel Speaker, born January 6, 1992, and Victoria Speaker, born September 1, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. Pending further Order of Court or agreement of the parties, the parties shall have custody as follows during the summer school break in 2006: a. The Father shall have custody of all four Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. and every Tuesday and Thursday evenings from 6:00 p.m. until 9:30 p.m. b. The Mother shall have custody of all four Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. and every Monday and Wednesday evenings from 6:00 p.m. until 9:30 p.m. c. The Father shall have a period of vacation custody with the Children from July 7 through July 10, and the Mother shall have a period of vacation custody with the Children from June 24 through July 1. d. The Mother shall have custody of Fred, Samuel and Victoria for all other times not specified for the Father in this Order, and the Father shall have custody of Jacqueline for all other times not specified for the Mother in this Order. 3. Counsel for either party or a party Pro Se may contact the conciliator within six months of the date of this Order to schedule an additional custody conciliation conference to address .% the school year schedule or other unresolved issues. 4. This Order is entered pursuant to an agreement at a custody conciliation conference. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. cc: ?, ohn J. Connelly, Jr., Esq. - Counsel for Father ter J. Speaker - Father \ 15,0 b? ?. -; r ? 4 ??v 1 ? ?? ?? ?7.?? ? ? 1? p ? ?`1 \? .,-;, „_ . ? r , , MICHELLE M. SPEAKER Plaintiff VS. PETER J. SPEAKER Defendant Prior Judge: none IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-1989 CIVIL ACTION LAW IN 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: The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME Fred Speaker Jacqueline Speaker Samuel Speaker Victoria Speaker DATE OF BIRTH November 15, 1988 August 26, 1990 January 6, 1992 September 1, 1998 CURRENTLY IN CUSTODY OF Mother Mother/ Father Mother Mother 2. A custody conciliation conference was held on June 6, 2006, with the following individuals in attendance: The Mother, Michelle Speaker, with her counsel, John J. Connelly, Jr., Esq., and the Father, Peter Speaker, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. t d-QQ(/ Date Dawn '. Sunday, Esquire Custody Conciliator MICHELLE M. SPEAKER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1989 PETER J. SPEAKER, CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY ORDER 1. Petitioner is Peter J. Speaker, an adult individual, named Defendant in this matter, who resides at 121 November Drive, Apartment 3, Camp Hill, PA 17011. 2. Respondent is Michelle M. Speaker, an adult individual, named Plaintiff in this matter, who resides at 53 Gale Road, Camp Hill, PA 17011. 3. The parties are the parents and natural guardians of the minor children, Samuel J. Speaker and Victoria A. Speaker, aged 16 and 9 years, respectively. 4. On June 14, 2006, an Order was entered regarding the children, a true and correct copy of which is attached hereto as "Exhibit A." 5. The parties have been unsuccessful in their attempts to resolve their differences with respect to custody and visitation, particularly in regard to summer vacation, such that Petitioner is unable to plan vacations with the children with any certainty of Respondent's cooperation, and Respondent has failed to respond to Petitioner's proposal for a stipulated order. 6. The foregoing proposed Order would serve the best interests of the children. WHEREFORE, the Petitioner requests respectfplly that this Honorable Court grant the relief set forth in the proposed Order attached hereto. Respectfully NEALON & G R, C. J By: James G. Nealon, III, Esquire LA - \-1 Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 ?L L ORDER OF COURT AND NOW this / 4 ? day. of v-? , 2006, upon consideration of the attached Custody Conciliation Rk6port, it is ordered and directed as follows: 1. The Father, Peter Speaker, and the Mother, Michelle Speaker, shall have shared legal custody of Fred Speaker, bom November 15, 1988, Jacqueline Speaker, bom August 26, 1990, Samuel Speaker, born January 6, 1992, and Victoria Speaker, born September 1, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each parent shallrbe4in itled to all 'records and information pertaining to the Children including, but not. limited to, school and medical records and information. 2. Pending further Order of Court or agreement of the parties, the parties shall have custody as follows during the summer school break in 2006: a. The Father shall have custody of all four Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. and every Tuesday and Thursday evenings from 6:00 p.m. until 9:30 p.m. b. The Mother shall have custody of all four Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. and every Monday and Wednesday evenings from 6:00 p.m. until 9:30 p.m. c. The Father shall have a period of vacation custody with the Children from July 7 through July 10, and the Mother shall have a period of vacation custody with the Children from June 24 through July 1. d. The Mother shall have custody of Fred, Samuel and Victoria for all other times not specified for the Father in this Order, and the Father shall have custody of Jacqueline for all other times not specified for the Mother in this Order. 3. Counsel for either party or a party Pro Se may contact the conciliator within six months of the date of this Order to sche•?„1P an A???+?^r°' ^ Gtody conciliation conference to address the school year schedule or other unresolved issues. 4. This Order is entered pursuant to an agreement at a custody conciliation conference. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control.. BY . COURT, J. cc: John J. Connelly, Jr., Esq. -Counsel for Father Peter J. Speaker - Father TRUE COPT FR®M, REC.0R1j .. - In Tes `mony whereof,- I here unto set my hand and seal o sa' o rt f?eriliisllee,. Thi .? ay f. ., I IVAiIS n nNl MICHELLE M. SPEAKER Plaintiff VS. PETER J. SPEAKER Defendant Prior Judge: none IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-1989 CIVIL ACTION LAW IN 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 Children who are the subjects of this litigation is as follows: NAME Fred Speaker Jacqueline Speaker Samuel Speaker Victoria Speaker DATE OF BIRTH November 15, 1988 August 26, 1990 January 6, 1992 September 1, 1998 CURRENTLY IN CUSTODY OF Mother Mother/ Father Mother Mother 2. A custody conciliation conference was held on June 6, 2006, with the following individuals in attendance: The Mother, Michelle Speaker, with her counsel, John J. Connelly, Jr., Esq., and the Father, Peter Speaker, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. _ Date Dawn . Sunday, Esquire Custody Conciliator VERIFICATION I, Peter J. Speaker, verify that the facts set forth in the foregoing Petition are true and correct to the best of my information, knowledge and belief I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Dated: March 25, 2008 9V4&4- CERTIFICATE OF SERVICE AND NOW, this 0S day of April, I hereby certify that I have served the foregoing document on the following by U.S. Mail: John J. Connelly, Jr. PO Box 650 Hershey, PA 17033 JAMES G. NEALON, III, ESQUIRE K (`t t° rk S MICHELLE M. SPEAKER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PETER J. SPEAKER DEFENDANT 2006-1989 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, __ Thursday, April 24, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at___ 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, May 22, 2008 at 9:00 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/ Dawn S. Sunday, 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 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 *v -,x I IS.ir. r;^. P,? .Ii!{i-I Viz" „'I ?7 MICHELLE M. SPEAKER Plaintiff VS. PETER J. SPEAKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-1989 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this __g?_eq? day of tDZ--ft- , 2008, upon consideration of the attached Custody Conciliation Re ort, it is ordered and directed as follows: 1. The prior Order of this Court dated June 14, 2006, is vacated and replaced with this Order. 2. The Mother, Michelle M. Speaker, and the Father, Peter J. Speaker, shall have shared legal custody of Samuel Joseph Speaker, born January 6, 1992, and Victoria Alice Speaker, born September 1, 1998. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. and every Tuesday and Thursday from 6:00 p.m. until 9:00 P.M. 5. In the event the Father is unavailable to provide care for the Children during his weekend or weekday evening period of custody, the Father shall first offer the Mother the opportunity to provide care for the Children during his period of unavailability. In the event the Mother is unavailable, the Father shall be responsible to make arrangements for the Children's care during the entire period of the 3 c. Father's unavailability. The Mother shall be entitled to have 48 hours to respond to the Father's notification that he will be unavailable. 6. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: In even-numbered years, the Father shall have custody of the Children on Christmas Eve from 12:00 noon until 9:00 p.m. and on Christmas Day from 3:00 p.m. until 9:00 p.m. and the Mother shall have custody of the Children from Christmas Eve at 9:00 p.m. through 3:00 p.m. on Christmas Day. During odd-numbered years, the Father shall have custody of the Children on Christmas Day from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody of the Children from Christmas Eve at 12:00 noon through Christmas Day at 9:00 a.m. B. Thanksgiving/Easter/New Year's Day: The Thanksgiving, Easter and New Year's Day holidays shall be divided into Segment A, which shall run from 9:00 a.m. until 3:00 p.m. on the holiday and Segment B, which shall run from 3:00 p.m. until 9:00 p.m. on the holiday. In odd- numbered years, the Father shall have custody of the Children during Segment A for New Year's Day and Thanksgiving and during Segment B for Easter. In odd-numbered years, the Mother shall have custody of the Children during Segment A for Easter and during Segment B for New Year's Day and Thanksgiving. In even-numbered years, the Father shall have custody of the Children during Segment A for Easter and during Segment B for New Year's Day and Thanksgiving. In even-numbered years, the Mother shall have custody of the Children during Segment A for New Year's Day and Thanksgiving and during Segment B for Easter. C. Memorial Day/Labor Day: The Memorial Day and Labor Day holiday periods of custody shall run from the Friday before the holiday at 6:00 p.m. through the Monday holiday at 6:00 p.m. In even-numbered years, the Mother shall have custody of the Children for Memorial Day and the Father shall have custody for Labor Day. In odd-numbered years, the Father shall have custody of the Children for Memorial Day and the Mother shall have custody for Labor Day. D. Mother's DU/Father's Day: In every year, the Mother shall have custody of the Children on Mother's Day and the Father shall have custody of the Children on Father's Day from 9:00 a.m. until 6:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular and summer vacation custody schedules. F. In the event a holiday period of custody supersedes a period of regular weekend custody for a party, the party missing his or her weekend custodial period shall have custody of the Children over the immediately following weekend. The purpose of this provision is to adjust the alternating weekend schedule so that each party has two (2) consecutive weekends before resuming the regular alternating weekend schedule. 7. Each parent shall be entitled to have custody of the Children for vacation during the summer school break each year for up to sixteen (16) consecutive days. The Father shall have the right first to select vacation dates by providing notice thereof to the Mother by March 1 of each year. After March 1, either party shall provide a minimum of 45 days advance notice to the other party of his or her selection of vacation dates and the party providing notice first shall be given preference on his or her selection of vacation dates. In 2008, the Father shall have custody of the Children from July 23 through August 9 and the Mother shall have custody from June 21 through June 28. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: `/ ohm J. Connelly, Jr., Esquire - Counsel for Mother .?) Peter J. Speaker - Father Co' ?'s.s m? ? L?3?o8 Edward E. Guido J. s z .g wv c' tier gooz 1 -14 JO S MICHELLE M. SPEAKER Plaintiff VS. PETER J. SPEAKER Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-1989 CIVIL ACTION LAW IN 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Samuel Joseph Speaker January 6, 1992 Mother Victoria Alice Speaker September 1, 1998 Mother 2. A custody conciliation conference was held on May 22, 2008, with the following individuals in attendance: the Mother, Michelle M. Speaker with her counsel, John J. Connelly, Jr., Esquire, and the Father, Peter J. Speaker, who was not represented by counsel at the conference. 3. The Parties agreed to entry of an Order in the form as attached. ?- d UO Date Dawn S. Sunday, Esquire Custody Conciliator V f r / MICHELLE M. SPEAKER PLAINTIFF V. PETER J. SPEAKER DEFF,NDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-1989 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 02, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday,. Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 31, 2010 at 2:30 PM for aPre-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/ Dawn S. Sunda Es . 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. r, o !,~, //~~ -~ ,~~ umberland County Bar Association ~~ O ~' _ 1 V~ c , ' c3' ~ ~ U~C'~'` ~~ 1'e~ 32 South Bedford Street ~ ` d ~~ 4 Carlisle, Pennsylvania 17013 - Q ~ `., Telephone (717) 249-3166 ' ~ ~- .,~ '; ~~j .. _~ Y ` 3 s~ 0 7 20~ MICHELLE M. SPEAKER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-1989 CIVIL ACTION LAW PETER J. SPEAKER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of ~a'i' 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Order. 1. The prior Order of this Court dated June 2, 2008 shall continue in effect as modified by this 2. Paragraph 5 of the June 2, 2008 Order is vacated and replaced with the following: In the event either party is unavailable to provide care for the Child during his or her custodial time for a period of three hours or more, that parent shall first offer the other parent the opportunity to provide care for the Child during the period of unavailability before contacting third party caregivers. 3. In the event an opportunity for an event or activity arises for the Child during the other party's period of custody, the parent who would have custody of the Child during the time in question shall determine whether consent is given. 4. The parties shall strictly comply with the provisions of this Order. Neither parent shall give the Child permission to change her primary residence. The Child's primary residence may only be changed by mutual consent of both parties in writing or by Court Order. 5. The parties shall cooperate in further discussing the advisability or need for the Child to participate in counseling. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BYRE COURT, c~ -~ c to i i"ti'1 1 !'F°; Z} 'it. -• ` ~.~ W Edward E. Guido J am- "° a Z ,y- a~ f~ ~ ..~ '..~ cc: helle M. Speaker -Mother Peter J. Speaker -Father 1 ES h'l.~ [ ~~ ~l l ~~ ~~ 1 MICHELLE M. SPEAKER Plaintiff vs. PETER J. SPEAKER Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-1989 CIVIL ACTION LAW IN 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 CURRENTLY IN CUSTODY OF Victoria A. Speaker September 1, 1998 Mother 2. A custody conciliation conference was held on August 31, 2010, with the following individuals in attendance: the Mother, Michelle M. Speaker, and the Father, Peter J. Speaker. Neither party is represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the time duration specified for triggering the right of first refusal which is the recommendation of the conciliator. The Mother proposed two hours and the Father proposed four. dt,~ ~s^~ ~~t ~ ~y ~ n Date Dawn S. Sunday, Esquire Custody Conciliator !LEO-OFF Sandra L. Meilton, Esquire OF THE E P R H ONc T g' ,( Quintina M. Laudermilch, Esquire DALEY ZUCKER 2313 NOV _g PM 121 CO MEILTON & MINER, LLC 635 N. 12`'' Street, Suite 101 CUMBERLAND COUNTY Lemoyne, PA 17043 PENNSYLVANIA (717) 724-9821 smeilton @dzmmlaw.com taudermilch @dzmmlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MICHELLE M. SPEAKER, • No. 2006-1989 (Civil Term) Plaintiff • v. CIVIL ACTION—LAW PETER J. SPEAKER, • (In Custody) Defendant • PETITION TO MODIFY CUSTODY 1. The Plaintiff, Michelle M. Speaker (hereinafter "Mother"), is an adult individual currently residing at 53 Gale Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Peter J. Speaker (hereinafter "Father"), is an adult individual currently residing at 940 Cyprus Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The parties are the natural parents of one (1) minor child, namely Victoria,whose date of birth is September 1, 1998 (hereinafter"Victoria"). 4. On June 2, 2008, the Honorable Edward E. Guido entered an Order modifying the parties existing order and granting the parties shared legal custody of the child and Mother primary physical of the child subject to Father's periods of custody on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. and every Tuesday and Thursday from 6:00 p.m. until 9:00 p.m. 5. On September 9, 2010, the Honorable Edward E. Guido entered an Order modifying the parties' June 2, 2008 Custody Order to include a right of first refusal clause. 6. Father would like to modify the existing custody order to remove the right of first refusal and increase his visitation to allow an overnight with Victoria on Tuesday and Thursday evenings. it 3c" � L Sic 7. Father believes and therefore avers it is in the Victoria's best interest to eliminate the right of first refusal clause. At the time of the original order Victoria was nine (9) years old, required closer supervision, and Father was not married. However; Victoria is currently fifteen (15)years old and Father has been married for over two (2) years to Vicki Speaker, who has known Victoria since birth. Based on the change in circumstances in the last six (6) years the right of first refusal provision is no longer effective or reasonable. 8. Father believes and therefore avers that it is in Victoria's best interest to expand his Tuesday and Thursday night visits from 9:00 p.m. to overnight because doing so would allow Father more time with Victoria. Victoria is often busy with friend and activities over the weekend and weekday evenings and Father works full time during the week making weekends and evenings the best opportunity for Father and Victoria to spend quality time together. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Defendant's Petition to Modify Custody. Respectfully submitted, DALEY ZUCKER MEILTON&MINER,LLC Date:443_ By: L .__. • . ■ ' •andra L.Meilton,Esquire Attorney I.D.No. 32551 Quintina M. Laudermilch, Esquire Attorney ID#94664 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 Attorneys for Defendant VERIFICATION I, Peter J. Speaker, verify that the statements made in this Petition to Modify are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: /l" L ' / 3 ,Ir' Peter J. : eaker, Defendant CERTIFICATE OF SERVICE I, Gloria M. Rine, Paralegal with Daley Zucker Meilton & Miner, LLC, hereby certify that on this day of °U(n\bt , 2013, a copy of the foregoing Petition to Modify Custody was served by sending same via United States First Class Mail, postage pre- paid, addressed as follows: John J. Connelly, Jr., Esquire James Smith Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 Gloria M. Rine .,.-..-..,,,,..,. ...,•-.■-- , .,. ..,,,■■.*, , . - , , _ _,,,,,,,,,,m,,,,,,..,,, ,,. ,.,_ MICHELLE M. SPEAKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . c.:-.. No.2006-1989 Civil Term PETER J. SPEAKER, : CIVIL ACTION-LAW -a= (...., --4 ma) rTi-n Defendant : (In Custody) cnr- CRIMINAL RECORD/ABUSE HISTORY VERIFICATION - > co C) I 1, Peter J. Speaker, hereby swear or affirm, subject to penalties of law includingPa. C.S. § 4904 relating to unsworn falsification to authorities that: t:./ = - 1. Unless indicated by my checking the box next to a crime below,neither I nor any ".": other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act,42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction,including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea,no contest plea or 1 pending charges 18 Pa.C.S. Ch. 25 0 (relating to criminal 0 0 1 homicide) 1 18 Pa.C.S. §2702 El (relating to aggravated 0 0 assault) I - 18 Pa.C.S. §2706 0 (relating to terroristic 0 0 threats) I 18 Pa.C.S.§2709.1 0 (relating to stalking) 0 0 i 18 Pa.C.S. §2901 El (relating to kidnapping) 0 0 18 Pa.C.S.§2902 CI (relating to unlawful [11 0 i restraint) 1 i I 1 I 1 I 18 Pa.C.S. §2903 El (relating to false imprisonment) 18 Pa.C.S. §2910 El (relating to luring a child El 1=1 into a motor vehicle or structure) 18 Pa.C.S. §3121 El (relating to rape) 18 Pa.C.S. §3122.1 El (relating to statutory sexual assault) 18 Pa.C.S. §3123 El (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. El (relating to sexual assault) 18 Pa.C.S. §3125 El (relating to aggravated indecent assault) 18 Pa.C.S. §3126 El (relating to indecent assault) 18 Pa.C.S. §3127 111 (relating to indecent exposure) 2 18 Pa.C.S. §3129 a (relating to sexual 0 intercourse with animal) 18 Pa.C.S. §3130 O (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 a (relating to arson and related offenses) 18 Pa.C.S. §4302 O (relating to incest) 18 Pa.C.S. §4303 a (relating to concealing death of child) 18 Pa.C.S. §4304 • (relating to endangering welfare of children) 18 Pa.C.S. §4305 a (relating to dealing in infant children) 18 Pa.C.S. §5902(b) O (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c)or 0 (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 O (relating to corruption of minors) 3 1 18 Pa.C.S. §6312 ID (relating to sexual abuse of children) 18 Pa.C.S. §6318 [11 (relating to unlawful contact with minor) 18 Pa.C.S. §6320 0 (relating to sexual [11 exploitation of children) 23 Pa.C.S. §6114 (relating to contempt for violation of protection order or agreement) Driving under the LI influence of drugs or alcohol Manufacture, sale, LI delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below,neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member A finding of abuse by a Children & Youth El Agency or similar agency in Peniisylvania or similar statute in another jurisdiction 4 Abusive conduct as defined under the ❑ Protection from Abuse Act in Pennsylvania ❑ ❑ or similar statute in another jurisdiction. ❑ Other: ❑ ❑ { { 3. Please list any evaluation,counseling or other treatment received following conviction or, finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name,date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminaUabuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Signature ?e7' y �1 • A-e Y Printed Name { ff 5 { MICHELLE M. SPEAKER IN THE COURT OF COMMON PLEA-S.i© --1t t Fbi LI PLAINTIFF : CUMBERLAND COUNTY, PENNS,XLVANIA a 07 v. t4 I8 AM10:0 2006-1989 CIVIL ACTION LAW 'CUMBERLAND COUNTY PETER J. SPEAKER • PENNSYLVANIA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday,November 15,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, December 17,2013 1:00 PM for a Pre-{Tearing 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq.0✓ 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 CI!£S /TZ MM``.1 LEckd 32 South Bedford Street P Carlisle,M_t �� Pennsylvania 17013 �L Telephone (717) 249-3166 J . C.aoo€.0 Ja1944y1. : 7(y • /0 e/13 4.• MICHELLE M. SPEAKER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. PETER J. SPEAKER Defendant 2006-1989 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 40 day of , 2014, upon consideration of the attached Custody Conciliation Report, it is o de ed and directed as follows: 1. Pending further Order of Court or agreement of the parties, the prior Orders of this Court dated June 2, 2008 and September 9, 2010 shall continue in effect. 2. Either party may file a Petition for reassignment to custody conciliation in the event either desires to pursue any outstanding custodial issues. Edward E. Guido cc: cidistine Brann Esquire — Counsel for Mother -,'Sandra L. Meilton Esquire — Counsel for Father Cop riz1L L. yy.z spy '71 rx:t MICHELLE M. SPEAKER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. PETER J. SPEAKER Defendant Prior Judge: Edward E. Guido 2006-1989 CIVIL ACTION LAW IN 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 Victoria Speaker BIRTH YEAR CURRENTLY IN CUSTODY OF 1998 Mother 2. A custody conciliation conference was held on December 19, 2013, with the following individuals in attendance: the Mother, Michelle M. Speaker, with her counsel, Christine Brann Esquire, and the Father, Peter J. Speaker, with his counsel, Sandra L. Meilton Esquire. 3. This Court previously entered an Order in this matter on June 2, 2008, under which the Mother has primary physical custody and the Father had partial custody on alternating weekends and two weekday evenings, and an Order dated September 9, 2010, which added a right of first refusal to the custodial arrangements. The Father filed this Petition to Modify seeking additional custodial time and elimination of the right of first refusal. The issues of concern to each party were discussed at the conference and at the end it was agreed that the conciliator would hold this matter pending further consultation between the parties and their counsel. Since the conciliation date on December 19, 2013, the conciliator contacted counsel once in January and twice in February but to date has received no further communication concerning the parties' intentions with regard to the arrangements discussed at the conference. Accordingly, the conciliator submits an Order in the form as attached closing this matter until such time as the parties desire to pursue resolution of any outstanding issues. 00 Date Dawn S. Sunday, Esquire Custody Conciliator