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HomeMy WebLinkAbout00-02104JOHN WINNER, PLAINTIFF/PETITIONER V. CATHERINE M. SALVADOR DEFENDANT/RESPONDENT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. abOO - al0'? ORDER OF COURT AND NOW, this lfl"L day of Afiet L , 2000, on consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before $• SuaD, Esquire, the conciliator, 3q'W A101AV A?IEcH?9vit5401 on the c;0 day of C T)&A v , 2000, at V.oo P. M. 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 this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Al S 4;7u,_,b ,. F? Custody Conciliates o, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 fiw /"w 61V 'L°X VINV qt SMg-j AMERICANS WITH DISAT31LITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. JOHN WINNER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF/PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CATHERINE M. SALVADOR IN CUSTODY DEFENDANT/RESPONDENT NO.o - -7709' PETITION FOR CUSTODY AND NOW, comes the Plaintiff/Petitioner, John Winner, by his attorneys, Irwin, McKnight & Hughes, and presents the following Petition for Custody: 1. The Petitioner is John Winner, an adult individual residing at 2311 North Front Street, Apt. 817, Harrisburg, PA 17110. 2. The Respondent is Catherine M. Salvador, an adult individual whose last known address was 514 Lamp Post Lane, Camp Hill, PA 17011. The parties are the natural parents of Presley Christina Salvador, age seven (7), born November 17, 1992 and Cassidy Nicholas Salvador, age six (6), born December 13, 1993. 4. Currently, there is no formal agreement regarding custody. 5. Petitioner desires the institution of a formal custody arrangement between the parties. 6. Petitioner desires to have the children overnight Tuesday and Thursday nights during the week and every other weekend at his place of residence. 7. Petitioner desires other visitation with the children as can be mutually arranged between the parties. 8. Petitioner desires shared legal custody of his children. WHEREFORE, Petitioner, John Winner, respectfully requests that he be awarded custody of Presley Christina Salvador and Cassidy Nicholas Salvador as provided herein. Respectfully submitted, IRWIN Me HT & HUGHES By: ark D. Schwartz, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Petitioner Supreme Court I.D. No. 70216 Date: April 6, 2000 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Petition and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. ?UfN WINNER Date: APRIL 6 , 2000 71J ((ten? (n W V ? z. (rl ? ? - TI JOHN WINNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 00-2104 CIVIL TERM CATHERINE M. SALVADOR, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, John Winner, and the Mother, Catherine M. Salvador, shall have shared legal custody of Presley Christina Salvador, born November 17, 1992, and Cassidy Nicholas Salvador, born December 13, 1993. 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. 2. The mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children every Tuesday from after work, between 6:00 p.m. and 7:00 p.m., through Wednesday morning at 7:30 a.m. The Father shall also have custody of the children on alternating weekends from Friday after work, between 6:00 p.m. and 7:00 p.m. through Sunday at 8:00 p.m. The Father shall have custody of the Children on the interim Fridays from after work, between 6:00 p.m. and 7:00 p.m. through Saturday morning at 7:30 a.m., if the Father works on Saturday, and through 10:00 a.m., if the Father does not work on Saturday. The partial custody schedule set forth in this provision shall begin on June 9, 2000, with the Father having a weekend period of custody, if the Mother has obtained a third party caregiver for the Children during the weekday nights when she is working. If the Mother has not obtained a caregiver for the Children by June 9, 2000, the Father agrees to also continue providing care for the Children during the week under the parties' prior custody arrangements until June 26, 2000 or the date on which the Mother obtains a caregiver, whichever occurs first. 4. The parties shall establish custody arrangements for the Children on holidays by mutual agreement. 5. Each party shall be entitled to have custody of the Children for up to 2 uninterrupted weeks each summer upon providing 30 days advance notice to the other party. The party who provides notice first under this provision shall be entitled to preference of his or her selection of vacation dates. 6. The Father shall be responsible to provide transportation for all exchanges of custody, unless otherwise agreed between the parties. 7. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with the Children. 8. In the event either party intends to remove the Children from his or her residence for an overnight period or longer, that party shall provide the other party with the address and telephone number where the Children can be contacted. 9. 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 take all reasonable steps to ensure that third parties having contact with the Children comply with this provision. 10. 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: Mark D. Schwartz, Esquire - Counsel for Father John F. King, Esquire - Counsel for mother ? J-oo R K3 BY THE COURT, JOHN WINNER, Plaintiff/Petitioner Vs. CATHERINE M. SALVADOR, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2104 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPS 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: DATE OF BIRTH Presley Christina Salvador November 17, 1992 Cassidy Nicholas Salvador December 13, 1993 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held on May 25, 2000, with the following individuals in attendance: The Father, John Winner, with his counsel, mark D. Schwartz, Esquire, and the Mother, Catherine M. Salvador, with her counsel, John F. King, Esquire. 3. The parties agreed to entry of an order in the form as attached. C96 r2ft26 la'A401J?t Date Dawn S. Sunday, Esquire Custody Conciliator JOHN WINNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 00-2104 CIVIL ACTION LAW CATHERINE M. SALVADOR DFFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 05, 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, August 02, 2006 at 10:00 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. 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 ?P 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 A zkc JOHN WINNER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 00-2104 CATHERINE M. SALVADOR, CIVIL ACTION - AT LAW Defendants CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon consideration of the within Petition to Modify Custody, it is hereby directed that the parties and their respective counsel appear at before the conciliator, on the day of , 2006, at .in., 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 the scheduled conference. FOR THE COURT: BY: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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, PA 17013-3308 (717) 249-3166 JOHN WINNER, Plaintiff VS. CATHERINE M. SALVADOR, Defendants THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2104 CIVIL ACTION - AT LAW CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, the Plaintiff, John Winner, by and through his attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Petition: 1. Plaintiff, John Winner, is an adult individual who currently resides at 810 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant, Catherine M. Salvador, is an adult individual who currently resides at 311 April Drive, Apt. 4, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. There is two (2) dependent children from the relationship of Plaintiff and Defendant, namely Presley C. Salvador, born November 17, 1992, and Cassidy N. Salvador, born December 13, 1993. 4. The Plaintiff seeks primary physical custody of the following children: Name Present Residence Age Presley C. Salvador 311 April Drive, Apt. 4 13 years Camp Hill, PA 17011 DOB 11/17/92 Cassidy N. Salvador 311 April Drive, Apt. 4 12 years Camp Hill, PA 17011 DOB 12/13/93 The children named above are presently in the custody of Defendant, Catherine M. Salvador, who currently resides at 311 April Drive, Apt. 4, Camp Hill, Cumberland County, Pennsylvania, 17011. The natural mother of the children is Catherine M. Salvador, Defendant, who currently resides at 311 April Drive, Apt. 4, Camp Hill, Cumberland County, Pennsylvania, 17011. The natural father of the children is Plaintiff, John Winner, currently residing at at 810 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. Plaintiff and Defendant were never married to each other and the children were born out of wedlock. 5. The relationship of the Plaintiff to the children is that of natural father. The relationship of the Defendant to the children is that of natural mother. 6. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 7. The parties were previously involved in a custody action at the above term and docket number. An Order of Court dated May 31, 2000 was signed by the Honorable Edgar B. Bayley following a Custody Conciliation Summary Report submitted by Dawn S. Sunday, Esquire, Custody Conciliator, dated May 26, 2000. The Order of Court and the Summary Report are attached as Exhibit A. 8. The Order of Court dated May 31, 2000 should be modified such that Plaintiff is granted primary physical custody of the children for the following reasons: (a) Defendant recently physically abused Cassidy and threatened to kill her. The incident is currently being investigated by the Camp Hill Police Department and Plaintiff has reported the matter to Children & Youth Services. (b) Defendant has a history of psychological problems, including treatment for being bi-polar. Defendant's problems are causing disruption and instability to the children. (c) The children have had several unexcused absences from school, detention, and decreased grades while in Defendant's care. (d) Defendant smokes around the children, acts and speaks inappropriately in the presence of the children, and disrespects the children. (e) The children desire to reside with Plaintiff and they are mature enough at ages 12 and 13 to articulate reasons for their desire to move to Plaintiff's residence. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order granting him primary custody of his two children. Respectfully submitted, BY: -;e; n6 B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF ` . 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 Dated: / JOHN WINNER, Plaintiff vs. CATHERINE M. SALVADOR, Defendants THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2104 CIVIL ACTION - AT LAW CUSTODY I, John Winner, hereby verify that the statements made in the foregoing document are true 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 unworn falsification to authorities. Date: 91 Sil E o(p Signature: ohn Winner JOHN WINNER, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 00-2104 CATHERINE M. SALVADOR, : CIVIL ACTION - AT LAW Defendants : CUSTODY CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached Order of Court upon the persons, 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 Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Catherine M. Salvador 311 April Drive, Apt. 4 Camp Hill, PA 17011 John F. King, Esquire 600 N. Second Street, Fifth Floor P.O. Box 984 Harrisburg, PA 17108 BY: -" _ Jeann6 B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 /U,--6 PA Supreme Ct. ID No. 68735 Dated: l A E X H I B IT JOHN WINNER, . IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 00-2104 CIVIL TERM CATHERINE M. SALVADOR, CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this 31 day of Aau4 , 2000, upon consideration of the attached Custody Conc' iation Report, it is ordered and directed as follows: 1. The Father, John Winner, and the Mother, Catherine M. Salvador, shall have shared legal custody of Presley Christina Salvador, born November 17, 1992, and Cassidy Nicholas Salvador, born December 13, 1993. 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. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children every Tuesday from after work, between 6:00 p.m. and 7:00 p.m., through Wednesday morning at 7:30 a.m. The Father shall also have custody of the Children on alternating weekends from Friday after work, between 6:00 p.m. and 7:00 p,m. through Sunday at 8:00 p.m. The Father shall have custody of the Children on the interim Fridays from after work, between 6:00 p.m. and 7:00 p.m. through Saturday morning at 7:30 a.m., if the Father works on Saturday, and through 10:00 a.m., if the Father does not work on Saturday. The partial custody schedule set forth in this provision shall begin on June 91 2000, with the Father.having a weekend period of custody, if the Mother has obtained a third party caregiver for the Children during the weekday nights when she 'is working. If the Mother has not obtained a caregiver for the Children by June 9, 2000, the Father agrees to also continue providing care for the Children during the week under the parties' prior custody arrangements until June 26, 2000 or the date on which the Mother obtains a caregiver, whichever occurs first. 4. The parties shall establish custody arrangements for the Children on holidays by mutual agreement. 5. Each party shall be entitled to have custody of the Children for up to 2 uninterrupted weeks each summer upon providing 30 days advance notice to the other party. The party who provides notice first under this provision shall be entitled to preference of his or her selection of vacation dates. 6. The Father shall be responsible to provide transportation for all exchanges of custody, unless otherwise agreed between the parties. 7. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with the Children. 8. In the event either party intends to remove the Children from his or her residence for an overnight period or longer, that party shall provide the other party with the address and telephone number where the Children can be contacted. 9. 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 take all reasonable steps to ensure that third parties having contact with the Children comply with this provision. 10. 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 cronsentr the terms of this Order shall control. BY THE COURT, cc: Mark D. Schwartz, Esquire - Counsel for Father John F. King, Esquire - Counsel for Mother In ?ESt n 0V1'd -lF.fc: 1I :•,40 3'. Ills :_.. and the seal of said Court F;:. : ?j arlisle, Pa. JOHN WINNER, Plaintiff/Petitioner VS. CATHERINE M. SALVADOR, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2104 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH cmgmRLAND COONPY RULE OF crni PROCEDURE 1915.3-81 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: DATE OF BIRTH Presley Christina Salvador November 17, 1992 Cassidy Nicholas'Salvador December 131 1993 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held on may 25, 2000, with the following individuals in attendance: The Father, John Winner, with his counsel, mark D: Schwartz, Esquire, and the Mother, Catherine M. Salvador, with her counsel, John F. King, Esquire. 3. The parties agreed to entry of an order in the form as attached.. Date Dawn-S. Sunday, Esquire Custody Conciliator O ?\ O G ? ? ?' .? (7 ra r' - co 'il u? --i _ C_. ? r, .. i\5 '`'?I ?. l`J r _ ii ` ,°` - G , ??, y, .< ?? JOHN WINNER Plaintiff vs. CATHERINE M. SALVADOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2104 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this O day of di4--777? , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by Arnold Shienvold, PhD. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. The parties shall sign all authorizations deemed necessary by the evaluator to obtain additional information concerning the parties or the Children. 2. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party or a party pro se may contact the conciliator to schedule an additional conference to address any unresolved issues. cc: /anne B. Costopoulos, Esquire - Counsel for Father ,Catherine M. Salvador - Mother ?` J ?du ?O co co rn s? tl Go = , -LU dILU ccj- v % JOHN WINNER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CATHERINE M. SALVADOR Defendant Prior Judge: Edgar B. Bayley 00-2104 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 Presley C. Salvador November 17, 1992 Mother Cassidy N. Salvador December 13, 1993 Mother 2. A Custody Conciliation Conference was held on August 2, 2006, with the following individuals in attendance: The Father, John Winner, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Catherine M. Salvador, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached providing for Arnold Shienvold to perform a custody evaluation. However, as the Father proposed that the evaluation costs be shared equally and the Mother believes that the Father should pay 100% of the evaluation costs, it is anticipated that the Father's counsel may file a Petition requesting that the Court allocate the costs between the parties. Both parties did agree to participate in the evaluation and selected the evaluator. { M(, Date Dawn S. Sunday, Esquire Custody Conciliator r ? + AUG 2 P 2006 JOHN WINNER, Plaintiff vs. CATHERINE M. SALVADOR, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2104 CIVIL ACTION - AT LAW CUSTODY ORDER OF COU T AND NOW, this C day of , 2006, upon consideration of the attached Petition to Allocate Costs of Comprehensive Custody Evaluation, a Rule is hereby issued on the Defendant to show cause why the requested relief should not be granted. Rule returnable days from service. FILED-0 OF n7 4 CtAo - Jjtu JOHN WINNER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 00-2104 CATHERINE M. SALVADOR, CIVIL ACTION - AT LAW Defendant CUSTODY TO THE HONORABLE JUDGE EDGAR B. BAYLEY, JUDGE OF SAID COURT: PETITION TO ALLOCATE COSTS OF COMPREHENSIVE CUSTODY EVALUATION AND NOW comes the Plaintiff, John Winner, by and through his attorney, Jeann6 B. Costopoulos, Esquire, and hereby avers the following in support of this Petition: 1. Plaintiff, John Winner, is an adult individual who currently resides at 810 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant, Catherine M. Salvador, is an adult individual who currently resides at 311 April Drive, Apt. 4, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. There are two (2) dependent children from the relationship of Plaintiff and Defendant, namely Presley C. Salvador, born November 17, 1992, and Cassidy N. Salvador, born December 13, 1993. 4. Plaintiff filed a Petition to Modify Custody Order on June 29, 2006. A custody conference held on August 2, 2006 at which time the parties agreed that it would be in the best interests of the children to engage Dr. Arnold Shienvold to conduct a comprehensive custody evaluation. See attached Order of Court with attached Custody Conciliation Summary Report. 5. The evaluation is expected to cost over $4.000.00. 6. Defendant should be required to equally contribute to the costs of the evaluation. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order requiring Defendant to pay 50% of the costs of the evaluation with Dr. Shienvold. Respectfully submitted, BY: e 6 B. Costopoulos, Esqui ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 221-0900 ?ZZ /(? PA Supreme Ct. ID No. 68735 Dated: JOHN WINNER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 00-2104 CATHERINE M. SALVADOR, : CIVIL ACTION - AT LAW Defendant : CUSTODY ATTORNEY VERIFICATION Undersigned counsel, Jeann6 B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney of record for John Winner, Plaintiff. 2. She is authorized to make this verification on his behalf. 3. The facts set forth in the foregoing petition are known to her and not necessarily to her client. 4. The facts set forth in the foregoing motion are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. BY: Jeanne B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 221-0900 x/22 ,04 ' PA Supreme Ct. ID No. 68735 Dated. ?"( l Y JOHN WINNER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 00-2104 CATHERINE M. SALVADOR, : CIVIL ACTION - AT LAW Defendants : CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached Order of Court upon the persons, 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 Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Catherine M. Salvador 311 April Drive, Apt. 4 Camp Hill, PA 17011 BY: Jeanne B. Costopoulos, Esqu- ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 221-0900 . /7 7- PA Supreme Ct. ID No. 68735 Dated: / r. J JOHN WINNER Plaintiff vs. CATHERINE M. SALVADOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2104 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by Arnold Shienvold, PhD. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. The parties shall sign all authorizations deemed necessary by the evaluator to obtain additional information concerning the parties or the Children. 2. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party or a party pro se may contact the conciliator to schedule an additional conference to address any unresolved issues. BY THE COURT, AND NOW, this day of 2006, upon consideration of the attached Custody Conciliation Report , is ordered and directed as follows: cc: Jeanne B. Costopoulos, Esquire -Counsel for Father Catherine M. Salvador - Mother JOHN WINNER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CATHERINE M. SALVADOR Defendant Prior Judge: Edgar B. Bayley 00-2104 CIVIL ACTION LAW IN CUSTODY CUS'T'ODY 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 Presley C. Salvador November 17, 1992 Mother Cassidy N. Salvador December 13, 1993 Mother 2. A Custody Conciliation Conference was held on August 2, 2006, with the following individuals in attendance: The Father, John Winner, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Catherine M. Salvador, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached providing for Am. old Shienvold to perform a custody evaluation. However, as the Father proposed that the evaluation costs be shared equally and the Mother believes that the Father should pay 100% of the evaluation costs, it is anticipated that the Father's counsel may file a Petition requesting that the Court allocate the costs between the parties. Both parties did agree to participate in the evaluation and selected the evaluator. {i ( , L, V(- - W-- "g - -, Jatc? Dawn S. Sunday, Esquire Custody Conciliator a? N Q ' fT V, i__ ? rn - r > YJL7 cn ?t I r'o Q tC oKPi John Winner DD a 104 vS -H-,?ri M. Sa.l vod o v- All Filings before June. a9t' I OODD (a Have not been scanned! JOHN WINNER, Plaintiff vs. CATHERINE M. SALVADOR, Defendants THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2104 CIVIL ACTION - AT LAW CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, the Plaintiff, John Winner, by and through his attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Petition: 1. Plaintiff, John Winner, is an adult individual who currently resides at 810 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant, Catherine M. Salvador, is an adult individual who currently resides at 311 April Drive, Apt. 4, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. There is two (2) dependent children from the relationship of Plaintiff and Defendant, namely. Presley C. Salvador, born November 17, 1992, and Cassidy N. Salvador, born December 13, 1993. 4. The Plaintiff seeks primary physical custody of the following children: Name Present Residence Age Presley C. Salvador 311 April Drive, Apt. 4 13 years Camp Hill, PA 17011 DOB 11/17/92 Cassidy N. Salvador 311 April Drive, Apt. 4 12 years Camp Hill, PA 17011 DOB 12/13/93 The children named above are presently in the custody of Defendant, Catherine M. Salvador, who currently resides at 311 April Drive, Apt. 4, Camp Hill, Cumberland County, Pennsylvania, 17011. The natural mother of the children is Catherine M. Salvador, Defendant, who currently resides at 311 April Drive, Apt. 4, Camp Hill, Cumberland County, Pennsylvania, 17011. The natural father of the children is Plaintiff, John Winner, currently residing at at 810 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. Plaintiff and Defendant were never married to each other and the children were born out of wedlock. 5. The relationship of the Plaintiff to the children is that of natural father. The relationship of the Defendant to the children is that of natural mother. 6. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 7. The parties were previously involved in a custody action at the above term and docket number. An Order of Court dated May 31, 2000 was signed by the Honorable Edgar B. Bayley following a Custody Conciliation Summary Report submitted by Dawn S. Sunday, Esquire, Custody Conciliator, dated May 26, 2000. The Order of Court and the Summary Report are attached as Exhibit A. 8. The Order of Court dated May 31, 2000 should be modified such that Plaintiff is granted primary physical custody of the children for the following reasons: (a) Defendant recently physically abused Cassidy and threatened to kill her. The incident is currently being investigated by the Camp Hill Police Department and Plaintiff has reported the matter to Children & Youth Services. (b) Defendant has a history of psychological problems, including treatment for being bi-polar. Defendant's problems are causing disruption and instability to the children. (c) The children have had several unexcused absences from school, detention, and decreased grades while in Defendant's care. (d) Defendant smokes around the children, acts and speaks inappropriately in the presence of the children, and disrespects the children. (e) The children desire to reside with Plaintiff and they are mature enough at ages 12 and 13 to articulate reasons for their desire to move to Plaintiffs residence. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order granting him primary custody of his two children. Respectfully submitted, BY: eannd B. Costopoulos, Esquire---,,,," ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 Dated: Y 2 7 /P-& 46 JOHN WINNER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 00-2104 CATHERINE M. SALVADOR, CIVIL ACTION - AT LAW Defendants CUSTODY VERIFICATION I, John Winner, hereby verify that the statements made in the foregoing document are true 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 unworn falsification to authorities. Date: 9Z Stw- o Signature: 466 Winner JOHN WINNER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 00-2104 CATHERINE M. SALVADOR, CIVIL ACTION - AT LAW Defendants CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached Order of Court upon the persons, 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 Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Catherine M. Salvador 311 April Drive, Apt. 4 Camp Hill, PA 17011 John F. King, Esquire 600 N. Second Street, Fifth Floor P.O. Box 984 Harrisburg, PA 17108 B Y,: Jeanne B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 Dated: PA Supreme Ct. ID No. 68735 I E X H I B IT A JOHN WINNER, Plaintiff/Petitioner VS. CATHERINE M. SALVADOR, Defendant/Respondent . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2104 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOWt this 31 day of , 2000, upon consideration of the attached Custody Conc' iation Report, it is ordered and directed as follows: 1. The Father, John Winner, and the Mother, Catherine M. Salvador, shall have shared legal custody of Presley Christina Salvador, born November 17, 1992, and Cassidy Nicholas Salvador, born December 13, 1993. 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. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children every Tuesday from after work, between 6:00 p.m. and 7:00 p.m., through Wednesday morning at 7:30 a.m. The Father shall also have custody of the Children on alternating weekends from Friday after work, between 6:00 p.m. and 7:00 p.m. through Sunday at 8:00 p.m. The Father shall have custody of the Children an the interim Fridays from after work, between 6:00 p.m. and 7:00 p.m. through Saturday morning at 7:30 a.m., if the Father works on Saturday, and through 10:00 a.m., if the Father does not work on Saturday. The partial custody schedule set forth in this provision shall begin on June 9, 2000, with the Father having a weekend period of custody, if the Mother has obtained a third party caregiver for the Children during the weekday nights when she is working. If the Mother has not obtained a caregiver for the Children by June 9, 2000, the Father agrees to also continue providing care for the Children during the week under the parties' prior custody arrangements until June 26, 2000 or the date on which the Mother obtains a caregiver, whichever occurs first. 4. The parties shall establish custody arrangements for the Children on holidays by mutual agreement. 5. Each party shall be entitled to have custody of the Children for up to 2 uninterrupted weeks each summer upon providing 30 days advance notice to the other party. The party who provides notice first under this provision shall be entitled to preference of his or her selection of vacation dates. 6. The Father shall be responsible to provide transportation for all exchanges of custody, unless otherwise agreed between the parties. 7. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with the Children. 8. In the event either party intends to remove the Children from his or her residence for an overnight period or longer, that party shall provide the other party with the address and telephone number where the Children can be contacted. 9. 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 take all reasonable steps to ensure that third parties having contact with the Children comply with this provision. 10. 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. BY THE COURT, cc: Mark D. Schwartz, Esquire - Counsel for Father John F. King, Esquire - Counsel for Mother In Tustim.)n./ and the seal of said Court This/).... c?2....... cVl of arlisle, Pa. Z iry f JOHN WINNER, Plaintiff/Petitioner VS. CATHERINE M. SALVADOR, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2104 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CXxJ MIATION SL MARY REPORT IN AOOCRDANCE WITH CUMBERLAND OOUNT.'Y 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: DATE OF BIRTH Presley Christina Salvador November 17, 1992 Cassidy Nicholas Salvador December 13, 1993 CURRENTLY IN OUST WY C r Mother Mother 2. A Conciliation Conference was held on May 25, 2000, with the following individuals in attendance: The Father, John Winner, with his counsel, mark D. Schwartz, Esquire, and the Mother, Catherine M. Salvador, with her counsel, John F. King, Esquire. 3. The parties agreed to entry of an Order in the form as attached.. a? Date Dawn. S. Sunday, Esquire Custody Conciliator {s ? ? o ? ? G ? ? ?' ?? ? r) ? ? ci ?? -n _? ?-- r? :a w t' 4? JOHN WINNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-2104 CIVIL ACTION LAW CATHERINE M. SALVADOR IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, July 05, 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, August 02, 2006 at 10:00 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. 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 w5t k?v 4V -77 kJ4 -41 JOHN WINNER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CATHERINE M. SALVADOR Defendant 00-2104 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by Arnold Shienvold, PhD. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. The parties shall sign all authorizations deemed necessary by the evaluator to obtain additional information concerning the parties or the Children. 2. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party or a party pro se may contact the conciliator to schedule an additional conference to address any unresolved issues. cc: /anne B. Costopoulos, Esquire - Counsel for Father f atherine M. Salvador - Mother V J O?0 _z ? ;1Z ° O c JOHN WINNER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CATHERINE M. SALVADOR Defendant Prior Judge: Edgar B. Bayley 00-2104 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 Presley C. Salvador November 17, 1992 Mother Cassidy N. Salvador December 13, 1993 Mother 2. A Custody Conciliation Conference was held on August 2, 2006, with the following individuals in attendance: The Father, John Winner, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Catherine M. Salvador, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached providing for Arnold Shienvold to perform a custody evaluation. However, as the Father proposed that the evaluation costs be shared equally and the Mother believes that the Father should pay 100% of the evaluation costs, it is anticipated that the Father's counsel may file a Petition requesting that the Court allocate the costs between the parries. Both parties did agree to participate in the evaluation and selected the evaluator. f ?, )Lay, Date Dawn S. Sunday, Esquire Custody Conciliator v' JOHN WINNER, Plaintiff vs. CATHERINE M. SALVADOR, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2104 CIVIL ACTION - AT LAW CUSTODY TO THE HONORABLE JUDGE EDGAR B. BAYLEY, JUDGE OF SAID COURT: PETITION TO ALLOCATE COSTS OF COMPREHENSIVE CUSTODY EVALUATION AND NOW comes the Plaintiff, John Winner, by and through his attorney, Jeann6 B. Costopoulos, Esquire, and hereby avers the following in support of this Petition: 1. Plaintiff, John Winner, is an adult individual who currently resides at 810 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant, Catherine M. Salvador, is an adult individual who currently resides at 311 April Drive, Apt. 4, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. There are two (2) dependent children from the relationship of Plaintiff and Defendant, namely Presley C. Salvador, born November 17, 1992, and Cassidy N. Salvador, born December 13, 1993. 4. Plaintiff filed a Petition to Modify Custody Order on June 29, 2006. A custody conference held on August 2, 2006 at which time the parties agreed that it would be in the best interests of the children to engage Dr. Arnold Shienvold to conduct a comprehensive custody evaluation. See attached Order of Court with attached Custody Conciliation Summary Report. 5. The evaluation is expected to cost over $4.000.00. 6. Defendant should be required to equally contribute to the costs of the evaluation. r WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order requiring Defendant to pay 50% of the costs of the evaluation with Dr. Shienvold. Respectfully submitted, BY: `Jeannd B. Costopoulos, Esqui ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 221-0900 Dated: PA Supreme Ct. ID No. 68735 ` It r' JOHN WINNER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 00-2104 CATHERINE M. SALVADOR, CIVIL ACTION - AT LAW Defendant CUSTODY ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney of record for John Winner, Plaintiff. 2. She is authorized to make this verification on his behalf. 3. The facts set forth in the foregoing petition are known to her and not necessarily to her client. 4. The facts set forth in the foregoing motion are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. BY. Jeanne B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 221-0900 j2 Z?O? PA Supreme Ct. ID No. 68735 Dated. t JOHN WINNER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 00-2104 CATHERINE M. SALVADOR, CIVIL ACTION - AT LAW Defendants CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached Order of Court upon the persons, 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 Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Catherine M. Salvador 311 April Drive, Apt. 4 Camp Hill, PA 17011 BY: Jeanne B. Costopoulos, Esq ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 221-0900 Dated: PA Supreme Ct. ID No. 68735 ? 1% r? v JOHN WINNER vs. Plaintiff CATHERINE M. SALVADOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2104 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon consideration of the attached Custody Conciliation Report ' is ordered and directed as follows: 1 • The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by Arnold Shienvold, PhD. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. The parties shall sign all authorizations deemed necessary by the evaluator to obtain additional information concerning the parties or the Children. 2• Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party or a party pro se may contact the conciliator to schedule an additional conference to address any unresolved issues. BY THE COURT, cc: Jeanne B. Costopoulos, Esquire - Counsel for Father Catherine M. Salvador - Mother 10 7 ?v Yy G r.t A84Sd "N. s FAJ IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 191.3-8, 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 Presley C. Salvador November 17, 1992 Mother Cassidy N. Salvador December 13, 1993 Mother 2. A Custody Conciliation Conference was held on August 2, 2006, with the following individuals in attendance: The Father, John Winner, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Catherine M. Salvador, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached providing for Arnold Shienvold to perform a custody evaluation. However, as the Father proposed that the evaluation costs be shared equally and the Mother believes that the Father should pay 100% of the evaluation costs, it is anticipated that the Father's counsel may file a Petition requesting that the Court allocate the costs between the parties. Both parties did agree to participate in the evaluation and selected the evaluator. Date Dawn S. Sunday, Esquire Custody Conciliator JOHN WINNER vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2104 CIVIL ACTION LAW CATHERINE M. SALVADOR Defendant Prior Judge: Edgar B. Bayley It C? o O C ° -s7 crr s C: -rt G > r- ? ii "» C. W ?5[Tl N ? lt3 r AUG 2 n 2006 JOHN WINNER, Plaintiff VS. CATHERINE M. SALVADOR, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2104 CIVIL ACTION - AT LAW CUSTODY ORDER OF COURT AND NOW, this 20k_ day of 2006, upon consideration of the attached Petition to Allocate Costs of Comprehensive Custody Evaluation, a Rule is hereby issued on the Defendant to show cause why the requested relief should not be granted. Rule returnable days from service. BY THE COURT: Hon. ?6?pv 6 ?< 13 w RLEC-OJ RCE OF THE Pr C T€a:?NOTAPY 2006 AUG 29 Pli 2= 5 CU'viT.? f?;?JU(dTY ,t i JOHN WINNER, Plaintiff vs. CATHERINE M. SALVADOR, Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2104 CIVIL ACTION - AT LAW CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, the Plaintiff, John Winner, by and through his attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Petition: 1. Plaintiff, John Winner, is an adult individual who currently resides at 810 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant, Catherine M. Salvador, is an adult individual who currently resides at 311 April Drive, Apt. 4, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. There is two (2) dependent children from the relationship of Plaintiff and Defendant, namely Presley C. Salvador, born November 17, 1992, and Cassidy N. Salvador, born December 13, 1993. 4. The Plaintiff seeks primary physical custody of the following children: Name Present Residence Age Presley C. Salvador 810 Louis Lane 14 years Mechanicsburg, PA 17050 DOB 11/17/92 Cassidy N. Salvador 810 Louisa Lane 13 years Mechanicsburg, PA 17050 DOB 12/13/93 The children named above are presently in the custody of Plaintiff, John Winner, who currently resides at 810 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The natural mother of the children is Catherine M. Salvador, Defendant, who currently resides at 311 April Drive, Apt. 4, Camp Hill, Cumberland County, Pennsylvania, 17011. The natural father of the children is Plaintiff, John Winner, currently residing at 810 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. Plaintiff and Defendant were never married to each other and the children were born out of wedlock. 5. The relationship of the Plaintiff to the children is that of natural father. The relationship of the Defendant to the children is that of natural mother. 6. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 7. The parties were previously involved in a custody action at the above term and docket number. An Order of Court dated May 31, 2000 was signed by the Honorable Edgar B. Bayley following a Custody Conciliation Summary Report submitted by Dawn S. Sunday, Esquire, Custody Conciliator, dated May 26, 2000. The Order of Court and the Summary Report are attached as Exhibit A. 8. Plaintiff filed a Petition to Modify Custody Order on June 29, 2006, in which he sought primary physical custody of the children following an incident where Defendant recently physically abused Cassidy and threatened to kill him. A conciliation conference was held on August 2, 2007 and an Order of Court was entered on August 8, 2006 requiring the parties to submit themselves to a custody evaluation to be performed by Arnold T. Shienvold, PhD. The Order of Court and the Summary Report are attached as Exhibit B. 9. Plaintiff scheduled appointments on two separate occasions with Dr. Shienvold's office, but they were both canceled by Dr. Shienvold as a result of Defendant's failure to schedule her appointment. 10. Plaintiff filed a Petition to Allocate Costs of the evaluation on August 25, 20069 but it was never served on Defendant because she refused to sign for certified mail and avoids process servers due to her avoidance of warrants, judgments, and bill collectors. 11. On Monday, June 4, 2007, the children contacted Plaintiff at approximately 8:00 p.m. and informed him that they had found marijuana in the house and that were alone. Plaintiff advised them that he would immediately pick them up and requested them to call the Camp Hill Borough Police Department. When Plaintiff arrived, the police were already at the house and had confiscated a large baggie of marijuana which had been located in the living room on a futon in a sunglasses case. Plaintiff took the children home with him and has not returned them to Defendant. The condition of Defendant's home was horrible, with dirty dishes in the living room which appeared to have been left for over a week, spilled food in the kitchen left un-cleaned, and laundry piled thigh deep in the back hallway. 12. On Tuesday, June 5, 2007, at approximately 9:30 p.m., Officer Michael M. Bingham of the Camp Hill Borough Police Department interviewed the children at Defendant's home regarding the incident. Defendant understands that Plaintiff will be charged with possession of marijuana. 13. Defendant has a history of exhibiting signs of serious psychological problems which continue to cause disruption and instability to the children. 14. The children have had several unexcused absences from school, detention, and decreased grades while in Defendant's care. 15. Defendant drinks excessively and smokes around the children, acts and speaks inappropriately in the presence of the children, and disrespects the children. 16. The children desire to reside with Plaintiff and they are mature enough at ages 13 and 14 to articulate reasons for wanting to improve their current standard of life by residing with Plaintiff instead of Defendant. 17. The children are willing to change school districts from Camp Hill to Cumberland Valley, which is the school district in which Plaintiff resides. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an emergency order granting him primary custody of his two children subject to periods of supervised visitation with Defendant as arranged through counsel pending the scheduling of a conference or hearing on the matter. Respectfully submitted, BY: . ?._ J anne B. Costopoulos, Esquire AHRENS LAW FIRM, P.C. 52 Gettysburg Pike Mechanicsburg, PA 17055 Phone: (717) 697-1800 PA Supreme Ct. ID No. 68735 f ?! 47 Attorney for Plaintiff Dated: (11 tv B -1 T A E SKI JOHN WINNER, Plaintiff/Petitioner v . CATHERINE M. SALVADOR, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2104 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOWs this day of , 2000, upon consideration of the attached Custody Conc' iation Report, it is ordered and directed as follows: 1. The Father, John Winner, and the Mother, Catherine M. Salvador, shall have shared legal custody of Presley Christina Salvador, born November 17, 1992: and Cassidy Nicholas Salvador, born December 13, 1993. 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. 2. The mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children every Tuesday from after work, between 6:00 p.m. and 7:00 p.m., through Wednesday morning at 7:30 a.m. The Father shall also have custody of the Children on alternating weekends from Friday after work, between 6:00 p.m. and 7:00 p.m. through Sunday at 8:00 p.m. The Father shall, have custody of the Children on the interim Fridays from after work, between 6:00 p.m. and 7:00 p.m. through Saturday morning at 7:30 a.m., if the Father works on Saturday, and through 10:00 a.m., if the Father does not work on Saturday. The partial custody schedule set forth in this provision shall begin on June 9, 2000, with the Father having a weekend period of custody, if the Mother has obtained a third party caregiver for the Children during the weekday nights when she*is working. If the Mother has not obtained a caregiver for the Children by June 9, 2000, the Father agrees to also continue providing care for the Children during the week under the parties' prior custody arrangements until June 261 2000 or the date on which the mother obtains a caregiver, whichever occurs first. 4. The parties shall establish custody arrangements for the Children on holidays by mutual agreement. 5. Each party shall be entitled to have custody of the Children for up to 2 uninterrupted weeks each summer upon providing 30 days advance notice to the other party. The party who provides notice first under this provision shall be entitled to preference of his or her selection of vacation dates. 6. The Father shall be responsible to provide transportation for all exchanges of custody, unless otherwise agreed between the parties. 7. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with the Children. 8. In the event either party intends to remove the Children from his or her residence for an overnight period or longer, that party shall provide the other party with the address. and telephone number where the Children can be contacted. 9. Neither party shall do or say anything which may estrange the Children fran 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 take all reasonable steps to ensure that third parties having contact with the Children comply with this provision. 10. 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. BY THE COURT, 45/. A cc: Mark D. Schwartz, Esquire - Counsel for Father John F. King, Esquire - Counsel for Mother i i%tsf ... V.? - ... In Testimony ?:•??:.r?..}t, I i;:.F and the sepal of said Court This/) ....c?c........ d)y of arlisle, Pa. AA9..1 JOHN WINNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 00-2104 CIVIL TERM CATHERINE M. SALVADOR, CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY CUSTODY C ONCILIATIC K SUMMARY REPORT IN ACOORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROC. F.UURE 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 QF BIRM CIkZRE[?'LY IN CUSTODY OF Presley Christina Salvador November 17, 1992 Mother Cassidy Nicholas Salvador December 13, 1993 Mother 2. A Conciliation Conference was held on may 25, 2000, with the following individuals in attendance: The Father, John Winner, with his. counsel, Mark D. Schwartz, Esquire, and the Mother, Catherine M. Salvador, with her counsel, John F. King, Esquire. 3. The parties agreed to entry of an order in the form as attached.. G Date Dawn S. Sunday, Esquire Custody Conciliator EXHIBIT B r; JOHN WINNER vs. Plaintiff CATHERINE M. SALVADOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2104 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon consideration of the attached Custody Conciliation Report lis ordered and directed as follows: 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by Arnold Shienvold, PhD. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. The parties shall sign all authorizations deemed necessary by the evaluator to obtain additional information concerning the parties or the Children. 2. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party or a party pro se may contact the conciliator to schedule an additional conference to address any unresolved issues. BY THE COURT, S Edgaz .Bayley cc: Jeanne B. Costopoulos, Esquire - Counsel for Father Catherine M. Salvador - Mother TR 7 ±^ F-7071Y vFr-.r'?RD 10 TOO mC):;-y r?: p./r?': hand -- JOHN WINNER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CATHERINE M. SALVADOR Defendant Prior Judge: Edgar B. Bayley 00-2104 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 Presley C. Salvador November 17, 1992 Mother Cassidy N. Salvador December 13, 1993 Mother 2. A Custody Conciliation Conference was held on August 2, 2006, with the following individuals in attendance: The Father, John Winner, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Catherine M. Salvador, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached providing for Arnold Shienvold to perform a custody evaluation. However, as the Father proposed that the evaluation costs be shared equally and the Mother believes that the Father should pay 100% of the evaluation costs, it is anticipated that the Father's counsel may file a Petition requesting that the Court allocate the costs between the parties. Both parties did agree to participate in the evaluation and selected the evaluator. Date Dawn S. Sunday, Esquire Custody Conciliator JOHN WINNER, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 00-2104 CATHERINE M. SALVADOR, CIVIL ACTION - AT LAW Defendants CUSTODY VERIFICATION I, John Winner, hereby verify that the statements made in the foregoing document are true 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 unsworn falsification to authorities. Date: 0(o JoiqE 07 Signature: ohn Winner JOHN WINNER, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 00-2104 CATHERINE M. SALVADOR, : CIVIL ACTION - AT LAW Defendants : CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached Order of Court upon the persons, 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 Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Catherine M. Salvador 311 April Drive, Apt. 4 Camp Hill, PA 17011 BY: Jeanne B. Costopoulos, Esqu AHRENS LAW FIRM, P.C. 52 Gettysburg Pike Mechanicsburg, PA 17055 Phone: (717) 697-1800 PA Supreme Ct. ID No. 68735 f /' Attorney for Plaintiff Dated: (? l ? 7 W O O d 4- ,w -TI "? 1 Y JOHN WINNER, PLAINTIFF V. CATHERINE M. SALVADOR, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2104 CIVIL TERM ORDER OF COURT AND NOW, this A day of June, 2007, IT IS ORDERED that a hearing on the petition for special relief to temporarily, pending conciliation and the entry of a custody order, place Presley C. Salvador, born November 17, 1992 and Cassidy N. Salvador, born December 13, 1993, in the physical custody of their father, John Winner, shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 10:00 a.m., Thursday, June 28, 2007. Pending the hearing on June 28tH temporary physical custody of Presley and Cassidy shall be with their father John Winner. Jeanne B. Costopoulos, Esquire For Plaintiff Catherine M. Salvador 311 April Drive, Apt. 4 Camp Hill, PA 17011 Edgar B. Bayley, J. :sal Q c LI ° s i i s = a C 3 c . JOHN WINNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CATHERINE M. SALVADOR, 00-2104 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 28th day of June, 2007, this matter having been called and the parties having reached an agreement, the following order is entered: 1. All prior custody orders are vacated and replaced with this order. 2. The father, John Winner, and the mother, Catherine M. Salvador, shall have shared legal custody of their children, Presley C. Salvador, born 11/17/92, and Cassidy N. Salvador, born 12/13/93. 3. Father shall have primary physical custody of Presley and Cassidy. 4. The mother shall have temporary physical custody of Presley and Cassidy as agreed to between thv'mgr and father. By th Ec eanne B. Costopoulos, Esquire 52 Gettysburg Pike Mechanicsburg, PA 17055 For the Plaintiff ay R. Braderman, Esquire 6 126 Locust Street J P.O. Box 11489 Harrisburg, PA 17101 For the Defendant pcb ar B. Bayley, J. C"4