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HomeMy WebLinkAbout06-2725IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. SPIEGEL, Plaintiff ) V. > ) LORI ANN SPIEGEL, ) Defendant ) NO. (0 (o - a `/a S CIVIL ACTION - LAW CUSTODY COMPLAINT FOR PARTIAL PHYSICAL CUSTODY AND NOW, Plaintiff Brian K. Spiegel, by and through his attorney, Howett, Kissinger, Conley & Holst, P.C., files a Complaint for Partial Physical Custody against Defendant, Lori Ann Spiegel, and in support thereof, avers the following: 1. Plaintiff is Brian K. Spiegel ("Father"), who currently resides at 1160 Hearthridge Lane, York, York County, Pennsylvania, 17404-7810. 2. Defendant is Lori Ann Spiegel ("Mother"), whose current mailing address is 2001 Mission Drive, Building 81, D.D.C., New Cumberland, York County, Pennsylvania, 17070-5000. 3. Plaintiff seeks partial physical custody of the following children: Names Brandon K. Spiegel Britton K. Spiegel Present Address Unknown Unknown The children were not bom out of wedlock. Dates of Birth March 4, 1993 August 18, 1994 The children are presently in the custody of Mother whose address is unknown. During the past five years, the children resided with the following persons and at the following addresses: Persons Mother & Father A dresses 61 Longview Drive Mechanicsburg, PA 17050 Dates 2001-5/4/06 Mother Unknown 5/4/06 - Present The mother of the children is Defendant, whose current mailing address is 2001 Mission Drive, Building 81, D.D.C., New Cumberland, York County, Pennsylvania, 17070- 5000. She is married. The father of the children is Plaintiff, who currently resides at 1160 Hearthridge Lane, York, York County, Pennsylvania, 17404-7810 He is married. 4. The relationship of Plaintiff to the children is that of natural father. Plaintiff currently resides with the following persons: Names Relationship Virginia Toomey Mother John D. Toomey Step-Father 5. The relationship of Defendant to the children is that of natural mother. Defendant currently resides with the following persons: Name Relationship Unknown 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 has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 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. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. 8. Sole custody isolates the children from the non-custodial parent. 9. The best interests of the children require that open and meaningful access be maintained with each parent and that they have a relationship with each parent. 10. The children have developed emotional attachment to each parent and the severing of either attachment is not in the children's best interest. 11. Permitting each parent to remain involved in the lives of the children enables the children to share with each parent the intimate contact necessary to strengthen a true parent-child relationship. WHEREFORE, Plaintiff Brian K. Spiegel, respectfully requests that this Honorable Court enter an Order granting him partial physical custody and shared legal custody of the children. Respectfully submitted, Date: 12 a ;X04 Cindy S. Coney, EX ire HOWETT, KISS GER, CONLEY & LST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Brian K. Spiegel VERIFICATION I, Brian K. Spiegel, hereby swear and affirm that the facts contained in the foregoing Complaint for Partial Physical Custody are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. C Date: J -6 & Brian K. Spiegel i ? C yG v ? N G Q T cs+ MM f ?. N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. SPIEGEL, Plaintiff V. LORI ANN SPIEGEL, Defendant NO. 06-2725 CIVIL ACTION - LAW CUSTODY ACCEPTANCE OF SERVICE I, Hubert X. Gilroy, Esquire, accept service of the Complaint for Partial Physical Custody on behalf of Lori Ann Spiegel, Defendant in the above-captioned action, and certify that I am authorized to do so. Date: a__)Y_02? Hubert X. Gilroy, Esquire BROUJOS & GILROY 4 North Hanover Street Carlisle, PA 17013 Telephone: (717) 243-4574 Counsel for Defendant Lori Ann Spiegel r-a ca -MM c? 'T7 7 iM1 t UD ?` BRIAN K. SPIEGEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LORI ANN SPIEGEL DEFENDANT 06-2725 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 24, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, June 30, 2006 at 2:30 PM 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. 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/ Melissa P. Greets 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 ir,yv 4?v ?Z H, 0 c A H 919 aZ AMU -HI JO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. SPIEGEL, Plaintiff ) V. ) NO. 06-2725 LORI ANN SPIEGEL, ) CIVIL ACTION - LAW Defendant ) CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER AND NOW, come the parties, Brian K. Spiegel and Lori Ann Spiegel and enter into this Stipulation for Entry of Custody Order. WHEREAS, Plaintiff, Brian K. Spiegel (hereinafter referred to as "Father"), and Defendant, Lori Ann Spiegel (hereinafter referred to as "Mother") are the parents of two minor children namely Brandon K. Spiegel (hereinafter referred to as "Brandon"), born March 4, 1993 and Britton K. Spiegel (hereinafter referred to as "Britton"), born August 18, 1994; WHEREAS, the parties are Mother and Father but have separated and Father commenced the above-captioned custody action; WHEREAS, the parties desire to enter into this custody order without a court hearing which they believe to be in the best interest of the minor children. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference herein and deemed as an essential part hereof, and intending to be legally bound hereby, the parties stipulate as follows: 1. Leal Custody. Mother and Father shall share legal custody of Brandon and Britton as that term is defined by 23 Pa.C.S. §3502 as "[t]he legal right to make major decisions affecting the best interest of a minor child, including, but not limited to, medical, religious and educational decisions." Accordingly, each party shall have an affirmative duty to consult with the other in regard to all matters of importance relating to Brandon and Britton's health, education and welfare. This duty shall include the discussion of all important events in Brandon and Britton's lives, including by way of example, but not limited to, medical condition/treatments, educational progress and plans, choice of school, choice of private or public school, summer camp arrangements and religious training. In addition, each party shall also have an affirmative duty to ensure that any information related to Brandon and Britton and supplied to a party during his/her custodial period is provided to the other party at the time the custodial period changes. Examples of said information shall include, but are not limited to the following: report cards, progress reports, notices of school or extra-curricular events, notices of parent/teacher conferences, schoolwork, invitations, illnesses, prescriptions and appropriate medication schedules, appointments with healthcare providers and all matters which a reasonable and caring parent would be desirous of knowing. Specifically, in completing any type of registration or background information forms in which parent information is requested, each party shall identify the other party's name, address and telephone number as the other parent on said documents. Moreover, each parent shall list both parents as the primary emergency contact and provide copies of all such documents to the either party within twenty-four (24) hours of submitting said documents in final form. In accordance with 23 Pa. C.S.A. §5309(a) each party shall be provided access to all medical, dental, religious or school records of Brandon and Britton, the residence address of Brandon and Britton and of the other parent. 2. Physical Custody. A. Majority Physical Custody. Mother shall have majority physical custody of Brandon and Britton and shall be authorized to relocate with them to Alexandria, Virginia; B. Partial Physical Custody. Father shall have partial physical custody of Brandon and Britton as follows: (i) Alternating Weekends. Every other weekend from 7:00 p.m. on Friday through 8:00 p.m. on Sunday; (ii) Summer. For the summer, Father shall be entitled to three (3) weeks of partial physical custody of Brandon and Britton upon thirty (30) days advance written notice to Mother through counsel; (iii) Holidays. The parties shall between themselves work out custody on holidays so that the holidays and the children's breaks from school are shared or there is an alternating holiday schedule. Father shall have the Thanksgiving holiday in all even- numbered years and Mother shall have the Thanksgiving holiday in all odd-numbered years. The Thanksgiving holiday shall commence the Wednesday before Thanksgiving at 7:00 p.m. and end the Sunday after Thanksgiving at 8:00 p.m. In all even-numbered years Mother shall have the Christmas holiday and in all odd-numbered years, Father shall have the Christmas holiday. The Christmas holiday shall be defined as 12:00 Noon on Christmas Eve through 12:00 Noon on Christmas day. The parties shall equally divide the remainder of the Christmas break from school. (iv) Other Times. Father shall have the children any other times that the parties may agree. 3. Transportation. The parties shall share all transportation necessary to effectuate this order with custody exchanges occurring at a halfway point agreed to by the parties (and if the parties are unable to agree as designated by the Court) between Mother's residence and Father's residence. 4. Telephone/E-mail Contact. The party out of custody shall be entitled to reasonable telephone/e-mail contact with the children while in the other party's custody. 5. Address/Telephone Number. The residence, address and telephone numbers where Brandon and Britton may be reached shall at all times, including vacations, be provided to the other party. 6. Anti-Alienation. Neither party shall alienate or attempt to alienate or destroy the affection of Brandon and Britton from the other party but shall exert every effort to foster a feeling of affection between Brandon, Britton and both parents. Moreover, neither party shall disparage nor shall he/she permit third parties in Brandon or Britton's presence to disparage the other parent to Brandon or Britton. Each party shall speak respectfully of the other whether it is believed the other reciprocates or not. Entry of Court Order. The parties agree that they shall jointly submit to this Stipulation to the Court for the entry of an order incorporating the terms hereof. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS WITNESS I O 7 BRIAN K. SPIEGEL LORI XNN'SIOIEGEL ? .,..., < ? ,_> ?- ?, _ ?" :,??? .N __, ?_; ? ?;;?y G.7 _? L'7 I JUN 1 2006 BRIAN K. SPIEGEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-2725 CIVIL TERM LORI ANN SPIEGEL, CIVIL ACTION-LAW Defendant IN DIVORCE ORDER r AND NOW, this ZZ day of June, 2006, upon consideration of the attached Stipulation, the terms of the Stipulation are hereby incorporated as an Order of Court. BY THE COURT, cclluibert X. Gilroy, Esquire Grndy S. Conley, Esquire A_Z__L_ `_ CIP V Nor oj'j r ji 1 RcCEIVE0 JUN 46''n"? S? BRIAN K. SPIEGEL, Plaintiff V. LORI ANN SPIEGEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2725 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this a day of June, 2006, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. F {OR T?H?,?9URT: B ?r Melissa Peel Greevy, Esquir Custody Conciliator :277527 1 1 (? J ? i?„? ?, ; ;?!uG A? ? d ?; it ?Cr !?1::{ FAFILEMClients\12374 Spiegeltl 2374. l mipl Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.Ds. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff BRIAN K. SPIEGEL, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. LORI ANN SPIEGEL, Defendant. NO. 06-2725 CIVIL ACTION - LAW IN DFi6RGF CASr6p 1 STIPULATION The parties hereby agree that the attached Order may be signed by the Court as an Order of Court to address the Petition for relocation filed Defendant Lori Ann Spiegel. Brian K. Spiegel Hubert X. 0 Lori Spiegel WITNESS: WITNESS: ?. ??.' ; ? Z ..? c?;r ? C? ??: , ?C? -'? ? '? ? N ....a ?: x.. 0 uAN 3 1 21 FAFILES\C1ients\12374 Spiegel\12374.1.0rderl Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.Ds. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff BRIAN K. SPIEGEL, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. LORI ANN SPIEGEL, NO. 06-2725 CIVIL ACTION - LAW Defendant. : IN CUSTODY COURT ORDER AND NOW, this 7' day of f , 2008, upon consideration of the attached Stipulation signed byboth parties and their legal counsel, it is ordered and directed the prior Custody Order entered in this case is vacated and replaced with the following Order: 1. Father, Brian K. Spiegel, and mother, Lori Ann Spiegel, shall enjoy shared legal custody of Brandon K. Spiegel, born March 4, 1993, and Britton K. Spiegel, born August 18, 1994. 2. The mother shall enjoy primary physical custody of the minor children. The father shall enjoy periods of temporary physical custody of the minor children as set forth below. 4. Mother may relocate to within the vicinity of Kansas City, Kansas, or St. Louis Missouri with the two minor children where mother and the two minor children will reside. Father periods oftemporaryphysical custody with the minor children shall include the following: A. Four weeks of temporary custody in the summer to be consecutive at a time to be agreed in advance by the parties. CC .? Wd L - 83J POOZ 31A Jo I .ft B. Every Christmas Holiday from December 25 through January 1 or later if the school holiday is extended beyond January 1. The return date would be the day before the children are to return to school. C. Two long weekends with the children to include one in the fall and one in the spring, the times to be arranged between the parties. D. In the event the father is in the Kansas City or St. Louis area, father shall also be entitled to have temporary custody of the minor children as long as he gives mother notice in advance. E. At such other times as agreed upon by the parties. 6. Exchange of custody will be handled with the children flying into Harrisburg International Airport (HIA) in Harrisburg, Pennsylvania. Mother shall pay 50% of the airfare with the parties to cooperate with each other in connection with purchasing round-trip tickets. Mother to purchase 100% of the Fall and Spring airfare tickets and Father to purchase 100% of Summer and Christmas airfare tickets. 7. Mother shall provide the father with all relevant information pertaining to the children including, but not limited, to schooling, health, social and related information. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled for a hearing. BY THE COURT: cc: Hubert X. Gilroy, Esquire iI?z m?.-IA, a/7/a8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. SPIEGEL, Plaintiff V. LORI ANN SPIEGEL, Defendant TO THE PROTHONOTARY: } NO. 06-2725 CIVIL ACTION - LAW IN CUSTODY PRAECIPE Please withdraw the appearance of Donald T. Kissinger, Esquire, on behalf of Brian K. Spiegel, Plaintiff in the above-captioned custody action, and enter the appearance of Brian K. Spiegel, pro se. 00 Date: l 6? Date: ?1??? Respectfully submitted, Donald T. Kissinger, quire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 k 7 Brian K. Spie el prose 604 Pintail Drive Etters, PA 17319-868 ? ?' C° _ .?? ? ; : -r; ?-s ?= , . ;., j .v __ 5 .« '?.'..: - E'S"1 w- ?? ??