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HomeMy WebLinkAbout07-0960 ANDREA L. CURTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY WILBERTO CORREA SALCEDO : Defendant. : NO. 07- 9(6 CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Andrea L. Curtin, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Andrea L. Curtin, residing at 285 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Wilberto Correa Salcedo, residing at 38 Argyoe Street, Harrisburg, Dauphin County, Pennsylvania 17015. 3. Plaintiff seeks primary custody of: Name Present Residence Age Savanna Correa 285 East Pomfret Street, Carlisle, PA 17013 1 The child was born out of wedlock. The child is presently in the custody of Andrea L. Curtin, who resides at 285 East Pomfret Street, Carlisle, Pennsylvania 17013. During the past five years the child has resided with the following persons at the following addresses: Persons Address Andrea L Curtin 204 A. Lincoln Street, Carlisle, PA 17013 Logan Feliz Christian Feliz Andrea L. Curtin 285 East Pomfret Street, Carlisle, PA 17013 Logan Feliz Christian Feliz The mother of the child is Andrea L. Curtin. Dates 12/05 - 02/06 02/06 - Present She is single. The father of the child is Wilberto Correa Salcedo. He is separated. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Savanna Correa Child Christian Feliz Child Logan Feliz Child 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Norma Salcedo Enrique (Last name unknown) Luis (Last name unknown) Xavier (Last name unknown) Barbie (Last name unknown) Relationship Mother Foster Son Foster Son Nephew Niece 6. Plaintiff has participated as a party or witness, in other litigation concerning the custody of the child in this court. On December 15, 2006, this Honorable Court entered an order in a Protection From Abuse Action. In that case, Plaintiff was given primary custody of the child subject to Defendant's periods of partial physical custody. Plaintiff has no information of a custody proceeding concerning the child pending in another court of this Commonwealth, or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the child's primary caretaker for all of the child's life; b. Plaintiff provides the child with a stable home environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c. Plaintiff has permitted contact between Defendant and the child and will continue to do so; d. Plaintiff is willing to accept custody of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant her shared legal custody and primary physical custody of the child, with Father having periods of partial physical custody. Respectfully submitted, Date: Q - 1(0 -(3-1 c,•c Samara Gomez Certified Legal Intern ???Ci THOMAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of^Pa.C.S. § 4904 relating to unsworn falsification to authorities. /., Andrea L. Curtin, Plaintiff Fri- ? rri _T_ -n CZ) -ID -ryr; ?C1 N J CA) co "{ ANDREA L. CURTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW IN CUSTODY WILBERTO CORREA SALCEDO : CIVIL TERM Defendant :NO. Cb'7- q&v PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Andrea L. Curtin, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date /j- a( -x)71 Respectfully submitted, Samara Gomez Certified Legal Intern ROBERT'" E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C -cs t 't1 r- -? .. f 10 co < ANDREA L. CURTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-960 CIVIL ACTION LAW WILBERTO CORREA SALCEDO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, February 26, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 16, 2007 at 2:00 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/ John,L Mangan, Jr.. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 47 IV-p;k 4,2 Z .C !t1o' OZ 033 LOU <o sr --e :)Hl 20 SEP 10 2007,e( ANDREA L. CURTIN Plaintiff V. WILBERTO C. SALCEDO Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-960 Civil Term : ACTION IN CUSTODY AND NOW, this O day of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This 'Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the qft;f day of 2007 at 9; 30 aml in Courtroom number - in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Mother shall be deemed to be the moving parry and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least. ten days prior to the hearing date. 2. a Father, Wilberto Correa Salcedo and the Mother, Andrea Curtin, shall enjoy s d legal custody of Savanna Correa, born 12/8/05. The parties agree that major non-emergency decisions concerning the child's health, welfare, education and religion shall be made by them jointly, after discussion and consultation with the other, with a view toward obtaining and following a harmonious policy in the child's best interest. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. The Mother shall have primary physical custody of Savanna subject to Father's partial physical custody as follows. In week one, Father shall have partial physical custody of Savanna from Friday 7:30 pm until Tuesday 7:30 am, whereby Father shall drop Savanna off at day care. In week two, father shall have partial physical custody of Savanna from 6:30 pm until Tuesday 7:30 am, whereby Father shall drop Savanna off at day care. The exchange point other than at daycare shall be either at Burger King on Cameron Street, Harrisburg or at Father's employment at Fire. Mountain by mutual agreement. The parties shall V notify each other of the designated exchange point at least one day in advance of the exchange. 4. Should either Mother or Father desire to take the Child out of state for a day trip or take them on an over-night trip, one week's prior notice shall be given to the other party. . 5. Telephone contact between the Child and the non-custodial parent shall be liberal as agreed upon .between the parties. 6. Holidays: Holidays shall be alternated as mutually agreed upon by the parties. Mother shalthave custody of the Child on Mother's Day and Father shall have custody of the Child on Father's Day. The Child's birthday shall be divided as follows: Father shall have the Child 9:00 am until 2:00 pm and Mother shall have custody from 2:00 pm until 7:00 pm. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. Neither party may say or, do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 9. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. 10. Counsel for the parties are directed and allowed to request this matter to be removed from the scheduled hearing date if appropriate and re-scheduled before the assigned Conciliator. Cc: The, Family Law Clinic Thomas Miller, Esquire John J. Mangan, Esquire aops •ES 9111 /0.7 kLNnoo ?7t;;?r?? 3?Wt1 051 Nd I I d3S lOOZ AWJ 1 JO i ANDREA L. CURTIN . Plaintiff V. WILBERTO C. SALCEDO Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-960 Civil Term : ACTION IN CUSTODY C CILIATION CONFERENCE SUMMARY REPORT INACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who IS the subject of this litigation;is as follows: Name Date of Birth Currently in the Custody of Savanna Correa 12/8/05 Mother 2. A Conciliation Conference update was held on March 9, 2007 with the following,individuals participating: The Father, Wilberto: Correa Salcedo with his counsel, Thomas Miller, Esquire The Mother, Andrea L. Curtin, with her counsel, The Family Law Clinic, Megan Riesmeyer, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal custody and shared physical custody of the minor Child. Father seeks a true fifty-fifty split in time with the Child and believes that the Child is old enough to spend half the time with him. Father lives with his mother and two teenage boys. Father is employed and day care has been established for Savanna. 4. Moiber's position is as follows: Mother seeks shared legal custody and primary physical custody subject to Father's partial physical custody. Mother appears to be flexible and accommodating for Father's time with Savanna. Mother also is employed and has Savanna enrolled in day care. Mother has an active PFA that protects only Mother. Savanna has lived all of her life primarily with Mother. Mother alleges that there are significant behavior issues that are exhibited both in her care and at day care after Savanna has spent time with Father. Mother has concerns regarding Father's ability to properly address hygiene issues for Child. Mother has shared several exhibits to do0ument same. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering: an Order of Court granting Mother and Father shared legal custody and Mother to have primary physical custody subject to Father's periods of partial physical custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Heating will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre=trial memorandum with the Judge to whom the matter has been assigned. Date: September 10, 2007 John an, Esquire Cus dy onciliator ANDREA L. CURTIN, Plaintiff vi. WILBERTO C. SALCEDO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-960 Civil Term ACTION IN CUSTODY PETITION FOR SPECIAL RELIEF AND CIVIL CONTEMPT FOR DISOBEDIENCE OF A CUSTODY ORDER The Petitioner, Andrea L. Curtin, hereby brings this Petition for Special Relief and Civil Contempt For Disobedience of a Custody Order, and respectfully requests that this Court find Respondent, Wilberto C. Salcedo , in contempt of the Court Order dated September 11, 2007, and direct the immediate return of the child, Savannah Correa (d.o.b. Dec. 8, 2005). In support of her Petition, Petitioner represents as follows: 1. On September 11, 2007, The Honorable Judge Kevin A. Hess entered an Order awarding Andrea L. Curtin (Mother) and Wilberto C. Salcedo (Father) shared legal custody of the minor child, Savanna Correa, and awarding Mother primary physical custody and Father periods of partial physical custody. A copy of the Order is attached to this Petition as Exhibit "A". 2. Pursuant to the September 11, 2007 Order, Father exercises periods of partial physical custody on two weekends per month: on the first weekend from Friday at 7:30 p.m. until Tuesday at 7:30 a.m. and on the second weekend from 6:30 p.m. on Friday until Tuesday at 7:30 a.m. 3. Pursuant to the Order, Father is ordered to drop the minor child off at daycare at 7:30 a.m. on Tuesday mornings after his period of partial physical custody. 4. Mother then picks the minor child up at daycare on or around 5:00 p.m. on Tuesdays and resumes her periods of primary physical custody with the minor child. 5. Father has willfully failed to abide by the September 11, 2007 Order in that: a. On Tuesday, September 18, 2007 Father failed to drop the minor child off at daycare at 7:30 a.m. as required by the Order; b. Despite requests by Mother to return the minor child, Father refuses to return the minor child to Mother. 6. Pursuant to C.C.R.P. 208.2(d), concurrence of Father's counsel of record, Thomas A. Miller, Esquire, was sought this date. Attorney Miller stated that he no longer represents Respondent. Since Mr. Miller is Father's counsel of record, the Family Law Clinic is serving this Petition on both him and Respondent Father. 7. The Honorable Judge Kevin A. Hess has been assigned to this case. WHEREFORE, Petitioner respectfully requests that: a. Father be immediately directed to deliver the child to Mother within two hours and that the Sheriff and other law enforcement officials be directed to effect this the Order by all appropriate means; b. Father be held in contempt of the Court's Order of Custody dated September 11, 2007, and pursuant to 23 Pa.C.S. 4346: i. Father be imprisoned for a period not to exceed six months; ii. Father be fined in the amount of $500; iii. The Court enter an order for the nonrenewal, suspension, or denial of Father's operating privilege pursuant to Section 23 Pa.C.S. §4355; c. Mother be awarded such other relief as the Court deems appropriate. Respectfully submitted, U Date: I 119cV" Megan Michael Certified Legal Intern ""I, /)-, A Ad A ._ Anne onald-Fox Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ANDREA L. "CURTIN . Plaintiff V. WILBERTO C. SALCEDO. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-960 Civil Term ACTION IN CUSTODY COURT ORDER AND.NOW,this ItLkClay.of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: I. This, Order is entered pursuant to a Custod Conciliation Conference. A Custody Hearing is hereby scheduled on the day of 2007 at 9r?a _gny'w.ia Courtroom number J/ in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall ;proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list, of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the hearing date. 2. 3. The Father, Wilberto Correa Salcedo and the Mother, Andrea Curtin, shall enjoy shared legal custody of Savanna Correa, born 12/8/05. The parties agree that major non-emergency decisions concerning the child's health, welfare, education and relgi ion shall be made by them jointly, after discussion and consultation with the other, with a view toward obtaining and following a harmonious policy in the child's best interest. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical,. dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies; thereof, with the other parent within such reasonable time as to make the records" and information of reasonable use to the other parent. The Mother shall have primary physical custody of Savanna subject to Father's partial physical custody. as follows. In week one, Father shall have partial physical custody of Savanna from Friday 7:30 pm until Tuesday 7:30 am, whereby Father shall drop Savanna off at day care. In week two, father shall have partial` physical custody of Savanna from 6:30 pm until Tuesday 7:30 am, whereby Father shall:drop Savanna off at day care. The exchange point other than at daycare shall be either at Burger King on Cameron Street, Harrisburg or at Father's employment at Fire Mountain by mutual agreement. The parties shall notify each other of the designated exchange point at least one day in advance of the exchange. 4. Should either Mother or Father desire to take the Child out of state for a day trip or tape them on an over-night trip, one week's prior notice shall be given to the other ply. 5. Telephone contact between the Child and the non-custodial parent shall be liberal as agreed upon between the parties. 6. Holidays: Holidays, shall be alternated as mutually agreed upon by the parties. Mother shall have custody of the Child on Mother's Day and Father shall have custody of the Child on Father's Day.. The Child's birthday shall be divided as follows: Father shall have the Child 9:00 am until 2.00. pm and Mother shall have custody from 2:00 pm until -7:00 pm. 7. In the event of a medical. emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange.the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 9. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. 10. Counsel for the parties are directed and allowed to request this matter to be removed from the scheduled hearing date if appropriate and re-scheduled before the assigned Conciliator.` _ BY THE COURT, VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. q ?q 7 Brea L. Curtm Petitioner ANDREA L. CURTIN, Plaintiff VS. WILBERTO C. SALCEDO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-960 Civil Term : ACTION IN CUSTODY CERTIFICATE OF SERVICE I, Megan Michael , hereby certify that I am serving a true and correct copy of the Petition for Civil Contempt for Disobedience of a Custody Order and sanctions under 23 Pa.C.S. § 4346 on Attorney Thomas R. Miller, counsel of record for Respondent, at 401 South 32nd Street, Camp Hill, Pennsylvania, 17001, by first class United States Mail, postage prepaid and on Wilberto C. Salcedo at 1432 Berry Hill Street, Harrisburg, Pennsylvania, 17104. Date: 9( U Megan Michael Certified Legal Intern Anne ac onald-Fox Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ? Q ? ? ?? . , `? ?'?'? ,?i . ,? ??'? ? ?? :'? C3 ? ?? ? ? ANDREA L. CURTIN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-960 Civil Term WILBERTO C. SALCEDO, Defendant ACTION IN CUSTODY PRAECIPE TO WITHDRAW PETITION FOR SPECIAL RELIEF AND CIVIL CONTEMPT OF A CUSTODY ORDER To the Prothonotary: Please withdraw Plaintiffs Petition for Special Relief and Civil Contempt For Disobedience of a Custody Order filed September 19, 2007. q A7 Mean ichael Septe r t9,-2-007 Certified Legal Intern Anne d- ox Supervisin Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 c L i "S3 C7 5G pm 2 --i ANDREA L. CURTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CUSTODY WILBERTO CORREA-SALCEDO, : Defendant : No. 07-960 CIVIL TERM CUSTODY AGREEMENT -A, THIS AGREEMENT, made this /6 day of 2007, between ANDREA L. CURTIN, hereinafter Mother, and WILBERTO CORREA-SALCEDO, hereinafter Father, concerns the custody of their child, SAVANNA CORREA, born December 8, 2005. This Agreement shall be effective on the date that Mother relocates to the state of Texas with the minor child. Until Mother relocates to the state of Texas with the minor child, the Interim Custody Order dated September 11, 2007 shall remain in effect. Mother and Father desire to enter into an agreement as to the custody of the minor child. Mother and Father agree to the following. 1. Father agrees to the relocation of Mother and the minor child to the state of Texas. 2. Mother and Father shall share legal custody of the child. 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial custody with the minor child: a. Father shall have partial custody of the child each summer, beginning the summer of 2008. Father's period of partial custody shall begin two days following the child's last day of school and ending two days before school begins in the school district where the child resides. b. Father shall have partial custody of the child each Thanksgiving, beginning the Thanksgiving of 2008. Father shall exercise this period of partial custody beginning the Wednesday before Thanksgiving Day and ending the Sunday after Thanksgiving Day. c. Father shall have partial custody of the child each Christmas, beginning the Christmas of 2008. Father shall exercise this period of partial custody from December 23rd until the day before school resumes in the school district where the child resides. Christmas of 2007 with the child shall be divided as mutually agreed by the parties. d. Father shall be permitted to exercise additional periods of partial custody as mutually agreed by the parties. e. Father shall be permitted to exercise periods of partial custody with the child in the event that he travels to Texas to see the child. 5. Father shall contact Mother one week prior to his stated periods of partial custody to confirm that he will be exercising partial custody of the child during these stated periods. 6. Mother and Father shall agree upon drop off and pick up times, dates and locations that are not already specified in this agreement. 7. Mother shall notify Father when the child's summer vacations and holiday vacations begin and end according to the school district in which the child resides. 8. Mother and Father shall share the cost of transporting the child between the states of Pennsylvania and Texas. Mother shall be responsible for transporting the child to Pennsylvania and Father shall be responsible for transporting the child to Texas. 9. Mother and Father shall notify each other of all medical care the child receives while in the parent's care. Mother and Father shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 10. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 11. Regarding the child, Mother and Father shall communicate with one another in a respectable manner. 12. Father shall be permitted to engage in reasonable telephone contact with the minor child while the child is in Mother's custody. Likewise, Mother shall be permitted to engage in reasonable telephone contact with the minor child while the child is in Father's custody. 13. When the child reaches the age of nine years, Father may request that the Court reconsider the custodial arrangement for the child. 14. Mother shall permit Father to claim the minor child as a dependency exemption on his income tax return. Mother shall execute any necessary paperwork to enable Father to claim the child as an exemption. 15. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 16. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. 17. The parties agree that the Custody Hearing originally scheduled for November 29, 2007 before the Honorable Kevin A. Hess is no longer necessary and will therefore be canceled. A REA L. CURTIN C L,?G4 - WILBERTO CORREA-SALCEDO Ilk /0 -7 Date Me an M. Mich el Certified Legal Intern Counsel for Plaintiff R B INS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 Date _,,. s ? NOV 19200711" ANDREA L. CURTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CUSTODY WILBERTO CORREA-SALCEDO, : Defendant : No. 07-960 CIVIL TERM ORDER OF COURT AND NOW, this Z/ ` day of November, 2007 as per the attached and signed Custody Agreement, the following terms are approved and entered as an Order of Court: This Agreement shall be effective on the date that Mother relocates to the state of Texas with the minor child. Until Mother relocates to the state of Texas with the minor child, the Interim Court Order dated September 11, 2007 shall remain in effect. 1. Father agrees to the relocation of Mother and the minor child to the state of Texas. 2. Mother and Father shall share legal custody of the child. 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial custody with the minor child: a. Father shall have partial custody of the child each summer, beginning the summer of 2008. Father's period of partial custody shall begin two days following the child's last day of school and ending two days before school begins in the school district where the child resides. b. Father shall have partial custody of the child each Thanksgiving, beginning the Thanksgiving of 2008. Father shall exercise this period of partial custody beginning the Wednesday before Thanksgiving Day and ending the Sunday after Thanksgiving Day. c. Father shall have partial custody of the child each Christmas, beginning the Christmas of 2008. Father shall exercise this period of partial custody from December 23rd until the day before school resumes in the school district where the child resides. Christmas of 2007 with the child shall be divided as mutually agreed by the parties. d. Father shall be permitted to exercise additional periods of partial custody as mutually agreed by the parties. e. Father shall be permitted to exercise periods of partial custody with the child in the event that he travels to Texas to see the child. 5. Father shall contact Mother one week prior to his stated periods of partial custody to confirm that he will be exercising partial custody of the child during these stated periods. 6. Mother and Father shall agree upon drop off and pick up times, dates and locations that are not already specified in this agreement. 7. Mother shall notify Father when the child's summer vacations and holiday vacations begin and end according to the school district in which the child resides. 8. Mother and Father shall share the cost of transporting the child between the states of Pennsylvania and Texas. Mother shall be responsible for transporting the child to Pennsylvania and Father shall be responsible for transporting the child to Texas. 9. Mother and Father shall notify each other of all medical care the child receives while in the parent's care. Mother and Father shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 10. Neither parent will do anything which may estrange the child from the other parry, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 11. Regarding the child, Mother and Father shall communicate with one another in a respectable manner. 12. Father shall be permitted to engage in reasonable telephone contact with the minor child while the child is in Mother's custody. Likewise, Mother shall be permitted to engage in reasonable telephone contact with the minor child while the child is in Father's custody. 13. When the child reaches the age of nine years, Father may request that the Court reconsider the custodial arrangement for the child. 14. Mother shall permit Father to claim the minor child as a dependency exemption on his income tax return. Mother shall execute any necessary paperwork to enable Father to claim the child as an exemption. 15. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 16. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. 17. The parties agree that the Custody Hearing originally scheduled for November 29, 2007 before the Honorable Kevin A. Hess is no longer necessary and will therefore be canceled. cc: Wilberto Correa Salcedo, pro se Family Law Clinic, for Mother 4vti ;k /1 a ?? d 7 By the Court: $ :Z 14d 12 4ON 1892 AUVIC?J ; LC"-'d :?RL do ANDREA L. CURTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW : IN CUSTODY WILBERTO CORNEA-SALCEDO, : Defendant : No. 07-960 CIVIL TERM CERTIFICATE OF SERVICE 1, Megan M. Michael, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Court Order adopting the parties' custody agreement on Mr. Wilberto Correa-Salcedo at 1432 Berry Hill Street, Harrisburg, PA, 17104 via United States Mail, postage pre-paid on December 10, 2007 and via hand delivery at the Dickinson Law Clinic. Me an M. Mic ael Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 rr r ? N W ANDREA L. CURTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CUSTODY WILBERTO CORREA-SALCEDO, : Defendant : No. 07-960 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 25th day of November, 2008, between ANDREA L. CURTIN, hereinafter Mother, and WILBERTO CORREA-SALCEDO, hereinafter Father, concerns the custody of their child, SAVANNA CORREA, born December 8, 2005. Mother and Father desire to enter into an agreement as to the custody of the minor child. Mother and Father agree to the following. 1. The Order of Court of November 21, 2007 is replaced by the following agreement. 2. Father will make a good faith effort to return the child to Mother on December 7, 2008 at 5:00 p.m. but will return the child no later than December 19, 2008 at 5:00 p.m. The exchange will take place at his sister Norma's home in Bayonne, New Jersey. 3. Father agrees to the relocation of Mother and the minor child to the state of New Jersey. 4. Mother and Father shall share legal custody of the child. 5. Mother shall have primary physical custody of the child. 6. Father shall have the following periods of partial custody with the minor child: a. every second weekend of the month beginning at 5 p.m. on Friday and ending 6:00 p.m. on Sunday. Mother and Father shall have custody exchanges at the McDonalds off the Dorney Park exit of Route 78 in Allentown, Pennsylvania. b. every summer during the second and third week of July and the second and third week of August beginning on the second Friday of the month at 5:00 p.m. and ending on the fourth Sunday of the month at 6:00 p.m. c. Father shall be permitted to exercise additional periods of partial custody as mutually agreed by the parties. 7. The holiday schedule shall be as follows: a. Thanksgiving: Mother and Father shall alternate Thanksgiving, beginning the Thanksgiving of 2008. Father shall have the child in even numbered years and Mother shall have the child in odd numbered years. The custodial period shall be from Wednesday at 6:00 p.m. until Friday at 10:00 a.m. b. Child's Birthday: Mother and Father shall alternate Birthdays with the child. Father will have custody of the child in even numbered years and Mother shall have the child in odd numbered years. The custodial period shall be from 10:00 a.m. until 8:00 p.m. c. Christmas: Father shall exercise his period of partial custody from December 23`d at 6:00 p.m. until December 25th at 10:00 a.m. Mother shall regain custody of the child on December 25 `h at 10 a.m. d. New Years: Mother and Father shall alternate New Years Eve/New Years Day. Mother shall have the child yearsed in which New Years Eve is an odd numbered year and New Years Day is an even numbered year and Father shall have the child when New Years Eve is an even numbered year and New Years Day is an odd numbered year. The custodial period shall be from 10:00 a.m. on December 31St until 6:00 p.m. on January I". In years in which Mother has custody of the child for the holiday, Father shall have custody of the child from January 2°d until the day before school starts. e. Father's Day: Father shall have custody of the child each Father's day weekend beginning at 5:00 p.m. on Friday and ending at 6:00 p.m. on Sunday. f. Mother's Day: Mother shall have custody of the child each Mother's day weekend beginning at 5:00 p.m. on Friday and ending at 6:00 p.m. on Sunday, regardless of whether it falls during Father's custodial periods. 8. Father shall contact Mother one week prior to his stated periods of partial custody to confirm that he will be exercising partial custody of the child during these stated periods. 9. Mother and Father shall not leave the child in the care of anyone that is not a responsible adult. 10. Mother and Father shall not take the child out of New Jersey or Pennsylvania with out prior permission from the other parent. 11. Unless Mother and Father mutually agree otherwise, all drop off and pick up locations that are not already specified in this agreement shall be at the McDonalds on the Dorney Park exit of Route 78 in Allentown, Pennsylvania. 12. Mother and Father shall agree upon drop off and pick up times, and dates that are not already specified in this agreement. 13. Mother and Father shall notify each other of all medical care the child receives while in the parent's care. Mother and Father shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 14. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 15. Mother and Father shall communicate with one another in a respectable manner for all issues regarding the child. 16. The noncustodial parent shall be permitted telephone contact with the child at 8:00 p.m. every evening. 17. When the child reaches the age of nine years, Father may request that the Court reconsider the custodial arrangement for the child. 18. Mother shall permit Father to claim the minor child as a dependency exemption on his income tax return. Mother shall execute any necessary paperwork to enable Father to claim the child as an exemption. 19. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 20. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. ANDREA L. CURT WILBERTO CORREA-SALCEDO C 4_5 /oy Date sl //! Da Date Nicole Berman Certified Legal Intern Counsel for Plaintiff ROBE E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 ?-.? ,?.o ?.s r. } / t e ?-..4t 1 J i?? --?.„, . -' ;,; f °?a ;-: ANDREA L. CURTIN, Plaintiff V. WILBERTO CORREA-SALCEDO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 07-960 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Andrea L. Curtin, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, icole Berman Certified Legal Intern ROBER E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 1 I r' a r.. r ? 7 c._ __ x ?" ?,? 1 .? . .?? d i' t . ? ?, P"\? GdC 0 2 2OOt3 1i ANDREA L. CURTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CUSTODY WILBERTO CORREA-SALCEDO, : Defendant : No. 07-960 CIVIL TERM CUSTODY ORDER AND NOW, this `1` day of December, 2008 as per the attached and signed Custody Agreement, the following terms are approved and entered as an Order of Court: 1. The Order of Court of November 21, 2007 is replaced by the following agreement. 2. Father will make a good faith effort to return the child to Mother on December 7, 2008 at 5:00 p.m. but will return the child no later than December 19, 2008 at 5:00 p.m. The exchange will take place at his sister Norma's home in Bayonne, New Jersey. 3. Father agrees to the relocation of Mother and the minor child to the state of New Jersey. 4. Mother and Father shall share legal custody of the child. 5. Mother shall have primary physical custody of the child. 6. Father shall have the following periods of partial custody with the minor child: a. every second weekend of the month beginning at 5 p.m. on Friday and endfitg 6:00 p.m. on Sunday. Mother and Father shall have custody exchanges at the McDonalds off the Dorney Park exit of Route 78 in Allentown, Pennsylvania. b. every summer during the second and third week of July and the second and third week of August beginning on the second Friday of the month at 5:00 p.m. and ending on the fourth Sunday of the month at 6:00 p.m. c. Father shall be permitted to exercise additional periods of partial custody as mutually agreed by the parties. 7. The holiday schedule shall be as follows: a. Thanksgiving: Mother and Father shall alternate Thanksgiving, beginning the Thanksgiving of 2008. Father shall have the child in even numbered years and Mother shall have the child in odd numbered years. The custodial period shall be from Wednesday at 6:00 p.m. until Friday at 10:00 a.m. b. Child's Birthday: Mother and Father shall alternate Birthdays with the child. Father will have custody of the child in even numbered years and Mother shall have the child in odd numbered years. The custodial period shall be from 10:00 a.m. until 8:00 p.m. c. Christmas: Father shall exercise his period of partial custody from December 23rd at 6:00 p.m. until December 25th at 10:00 a.m. Mother shall regain custody of the child on December 25th at 10 a.m. d. New Years: Mother and Father shall alternate New Years Eve/New Years Day. Mother shall have the child yearsed in which New Years Eve is an odd numbered year and New Years Day is an even numbered year and Father shall have the child when New Years Eve is an even numbered year and New Years Day is an odd numbered year. The custodial period shall be from 10:00 a.m. on December 31 St until 6:00 p.m. on January 1St. In years in which Mother has custody of the child for the holiday, Father shall have custody of the child from January 2°d until the day before school starts. e. Father's Day: Father shall have custody of the child each Father's day weekend beginning at 5:00 p.m. on Friday and ending at 6:00 p.m. on Sunday. f. Mother's Day: Mother shall have custody of the child each Mother's day weekend beginning at 5:00 p.m. on Friday and ending at 6:00 p.m. on Sunday, regardless of whether it falls during Father's custodial periods. 8. Father shall contact Mother one week prior to his stated periods of partial custody to confirm that he will be exercising partial custody of the child during these stated periods. 9. Mother and Father shall not leave the child in the care of anyone that is not a responsible adult. 10. Mother and Father shall not take the child out of New Jersey or Pennsylvania with out prior permission from the other parent. 11. Unless Mother and Father mutually agree otherwise, all drop off and pick up locations that are not already specified in this agreement shall be at the McDonalds on the Dorney Park exit of Route 78 in Allentown, Pennsylvania. 12. Mother and Father shall agree upon drop off and pick up times, and dates that are not already specified in this agreement. 13. Mother and Father shall notify each other of all medical care the child receives while in the parent's care. Mother and Father shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 14. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 15. Mother and Father shall communicate with one another in a respectable manner for all issues regarding the child. 16. The noncustodial parent shall be permitted telephone contact with the child at 8:00 P.m. every evening. 17. When the child reaches the age of nine years, Father may request that the Court reconsider the custodial arrangement for the child. 18. Mother shall permit Father to claim the minor child as a dependency exemption on his income tax return. Mother shall execute any necessary paperwork to enable Father to claim the child as an exemption. By the Court: cc:" Wilberto Correa Salcedo pro s ,e Emily Law Clinic, for Mother CoP t Es ev,,a.t Lck? ?? c? ?, ' `i s?-?? t?. ??? ? _' l ??? .. Andrea Curtin, Plaintiff V. Wilberto Correa-Salcedo, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE : NO. 07 - 960 CIVIL TERM CERTIFICATE OF SERVICE I, Nicole Berman, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Custody Order dated December 4, 2008 on Wilberto Correa- Salcedo, by depositing a copy of the same in the United States mail, address to the defendant at 65 Newville Road, Newville, Pennsylvania 17241 on December 5, 2008. Nicole Berman Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 X C C= :) t Z 4.: ANDREA ?. CURTAIN, Plaintiff V. W ILBERT Gary L. 1. CORREA-SALCEDO, Defendant : IN THE COURT OF COMMON PLEAS : COUNTY, PENNSYLVANIA NO. 07-960 CIVIL ACTION - CUSTODY PETITION FOR SPECIAL RELIEF AND EXPEDITED HEARING NOW comes the Defendant, Wilberto Correa-Salcedo, by and through his attorney, ey, and respectfully Petitions this Honorable Court as follows: Defendant is Wilberto Correa-Salcedo who resides at 1432 Berryhill Street, Pennsylvania 17104. 2. Plaintiff is Andrea L. Curtain whose present specific whereabouts are unknown but Defendant believes that Plaintiff resides in New Jersey with her paramour. 3. The parties are the parents of one (1) minor child, Savanna Correa, date of birth, December , 2005. 4. For approximately one-half of the minor child's life, Defendant was the ole caretaker o the child. 5. Defendant has always maintained a close and loving relationship with his daughter and she views him as a source of love and affection. jointly 6. On November 25, 2008, the parties entered into a custody agreement wherein they to modify this Honorable Court's Order November 11, 2007 docketed to the above caption and docket number. A true and correct copy of the parties agreement dated November 25, 2008 is attached hereto as Exhibit "A." 7. Defendant was not represented at the time the agreement was executed and he appeared o? his own behalf. Moreover, his signature was not witnessed. 8. Defendant's spoken English is passable but his comprehension of written English is limited, specially with respect to fully comprehending the intricacies of a relatively complex legal docu ent. 9. It was Defendant's opinion and belief that he would be signing an agreement that provided him the opportunity to visit with his daughter on alternating weekends. 10. Defendant was not aware of the legal import of agreeing to allow the Plaintiff to relocate wit the minor child to New Jersey and was not aware that he was waiving any objection that he had to Plaintiffs relocation. 12. Since Plaintiffs relocation to New Jersey, Defendant has experienced difficulty in maintaining a relationship with the minor child in accordance with the parties' agreement in that Plaintiff regularly denies Defendant telephonic contact with the minor child contrary to the provisions of the parties' agreement, Plaintiff regularly denies Defendant periods of alternating physical cu ody, and Plaintiff has had her paramour threaten Defendant for calling Plaintiffs home in an ttempt to speak with the minor child. 13. Additionally, despite Defendant's efforts in furthering the minor child's intellectual developmen , Plaintiff refuses to place the child in Headstart or other similar educational enrichment roarams. 14. 1 By a letter dated February 27, 2009, the undersigned brought to opposing counsel Anne McDonald Fox's attention that Plaintiff had been denying Defendant all contact with the minor chil4, including periods of alternating physical custody and all telephone contact. A true and correc? copy of counsel's letter is attached hereto as Exhibit "B." 15.1 Opposing counsel was further informed that Plaintiff had had her boyfriend call Defendant land threaten him with physical harm and that Defendant was in need of a home address fbrj Plaintiff and the minor child and an address for the individual providing daycare. 16.I Of particular import, counsel was informed that Defendant's mother (the child's paternal gr4ndmother) had travelled from Puerto Rico to see the minor child, that Plaintiff had been award of this trip for a considerable amount of time, and that Plaintiff refused to allow the to visit with the grandchild. 17. Counsel requested opposing counsel's assistance in amicably addressing these issues andnever received a response to the letter. 18. The undersigned did receive approximately three (3) telephone messages wherein opposing counsel stated that her client "would not return my calls." 19. I In the interim, Defendant was unable to attend a family gathering in New Jersey with the minor child. 20. I Defendant is not aware of Plaintiffs specific whereabouts since she relocated by agreement of the parties in November 2008 per Exhibit "A" and it is believed she has relocated numerous Ilimes since the execution of the Agreement. 21. Despite numerous requests by the Defendant, Plaintiff has refused to provide a home address for herself and the minor child to Defendant. 22. Plaintiff also has refused to provide the name of the daycare provider to Defendant despite many requests. 23. Plaintiffs refusal to provide a home address for the minor child and her refusal to provide an #ddress and name for the daycare provider is contrary to the dictates of shared legal custody and the provisions of the parties' custody agreement. 24. j On March 12, 2009, the undersigned notified opposing counsel in writing that he had been notified of a pending Children and Youth investigation regarding Mr. Salcedo and the minor child only hours after leaving a message at her office wherein he stated, inter alia, that the undersigned would be forced to file a Petition For Emergency Relief seeking this Honorable Court's intervention if he did not receive a response forthwith to his repeated requests. A true and correct Copy of the letter dated March 12, 2009 from the undersigned to opposing counsel is attached hereto as Exhibit "C." 25. Since late December 2008, Plaintiff has denied Defendant any and all contact with the minor child without any explanation despite repeated requests until March 13, 2009. 26. By her letter dated March 13, 2009, opposing counsel denied any responsibility for notifying the undersigned of the allegations and/or restrictions placed upon Mr. Salcedo with exercising poriods of alternating physical custody. 27. Defendant was finally able to spend the April 11, 2209 weekend with his daughter after numerous letters to counsel and after the undersigned emphasized to opposing counsel that the allegati ns were unfounded and enclosed a letter from Dauphin County Children and Youth dismissing he complaint. 28. This visit was problematic as Plaintiff threatened until the very last possible moment to prevent Defendant from visiting with his daughter. 29. Since that weekend, Plaintiff has again begun denying Defendant all contact with his 30. Defendant's mother (paternal grandmother) has again travelled from Puerto Rico to see the inor child and Plaintiff again refuses to allow paternal grandmother to see the child despite prio knowledge of the visit and despite the fact that paternal grandmother is undergoing surgery in 31. Paternal grandmother has always maintained an active role in the child's life and the child vi ws her as a source of love and affection. 32. Plaintiffs actions are wanton and malicious and Plaintiff, through her actions, is actively attempting to alienate the child by denying contact and suggesting to the child that Defendant d es not want to see her. 33. Plaintiffs ongoing actions are violative of the custody agreement between the parties and ontrary to the best interests of the child. 34. The undersigned has undertaken extraordinary efforts to avoid having this Honorable Court intervene in this matter. 31. Despite these efforts, opposing counsel has, for the most part, ignored each and every entrea for an amicable resolution. W HIEREFORE, Plaintiff requests this Court to enter an emergency order granting custody of the minor child to Defendant, rescinding the agreement between the parties as Defendant was unaware of the import of the agreement which he was signing, and expeditiously scheduling this matter for 4 custody hearing. Respectfully submitted, 4'ed'4' G Kel ey ID .46801 3117 Chestnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant EXHIBIT A ANDRJI A L. CURTIN, Plaintiff v L. CUR Father, 2005. IN THE COLRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY TO CORREA-SALCEDO, : Defendant : No. 07-960 CIN'IL TERN! CUSTODY AGREEMENT S AGREEMENT, made this 25`h day of November, 2008, between ANDREA , hereinafter Mother, and WILBERTO CORREA-SALCEDO, hereinafter the custody of their child, SAVANNA CORREA, born December 8, other and Father desire to enter into an agreement as to the custody of the minor child. M ther and Father agree to the following. 1. The Order of Court of November 21, 2007 is replaced by the following agreement. 2. Father will make a good faith effort to return the child to Mother on December 7, 2008 at 5:00 p.m. but will return the child no later than December 19, 2008 I at 5:00 p.m. The exchange will take place at his sister Norma's home in Bayonne, New Jersey. 3. Father agrees to the relocation of Mother and the minor child to the state of New Jersey. 4. Mather and Father shall share legal custody of the child. 5. Mother shall have primary physical custody of the child. 6. Father shall have the following periods of partial custody with the minor ?hild: a. every second weekend of the month beginning at 5 p.m. on Friday and ending 6:00 p.m. on Sunday. Mother and Father shall have custody exchanges at the McDonalds off the Domey Park exit of Route 78 in Allentown, Pennsylvania. b. every summer during the second and third week of Jul,, and the second and third week of August beginning on the second Friday of the month at 5:00 p.m. and ending on the fourth Sunday of the month at 6:00 p.m. c. Father shall be permitted to exercise additional periods of partial custody as mutually agreed by the parties. 7. The holiday schedule shall be as follows: a. Thanksgiving: Mother and Father shall alternate Thanksgiving, beginning the Thanksgiving of 2008. Father shall have the child in even numbered vears and Mother shall have the child in odd numbered years. The custodial period shall be from Wednesday at 6:00 p.m. until Friday at 10:00 a.m. b. Child's Birthday: Mother and Father shall alternate Birthdays with the child. Father will have custody of the child in even numbered years and Mother shall have the child in odd numbered years. The custodial period shall be from 10:00 a.m. until 8:00 p.m. c. Christmas: Father shall exercise his period of partial custody from December -) at 6:00 p.m. until December 25"' at 10:00 a.m. Mother shall regain custody of the child on December 2 `h at 10 a.m. d. New Years: Mother and Father shall alternate New Years Eve;`.New Years Day. Mother shall have the child yearsed in which New Years Eve is an odd numbered year and New Years Day is an even numbered year and Father shall have the child when Neat Years Eve is an even numbered year and New Years Day is an odd numbered year. The custodial period shall be from 10:00 a.m. on December 31" until 6:00 p.m. on January I". In years in which Mother has custody of the child for the holiday, Father shall have custody of the child from January ?"d until the day before school starts. e. Father's Day: Father shall have custody of the child each Father's day weekend beginning at 5:00 p.m. on Friday and ending at 6:00 p.m. on Sunday. f. Mother's Day: Mother shall have custody of the child each '.Mother's day weekend beginning at 5:00 p.m. on Friday and ending at 6:00 p.m. on Sunday, regardless of whether it falls during Father's custodial periods. Father shall contact Mother one week prior to his stated periods of partial custody to confirm that he will be exercising partial custody of the child during these stated periods. Mother and Father shall not leave the child in the care of anyone that is not a responsible adult. 0. Mother and Father shall not take the child out of New Jersey or Pennsylvania with out prior permission from the other parent. I 1. Unless Mother and Father mutually agree otherwise, all drop off and pick up locations that are not already specified in this agreement shall be at the McDonalds on the Dorney Park exit of Route 78 in Allentown, Pennsylvania. 12. Mother and Father shall agree upon drop off and pick up times, and dates that are not already specified in this agreement. 13. Mother and Father shall notify each other of all medical care the child receives while in the parent's care. Mother and Father shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 14. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 15. Mother and Father shall communicate with one another in a respectable manner for all issues regarding the child. 16. The noncustodial parent shall be permitted telephone contact with the child at 8:00 p.m. every evening. 7. When the child reaches the age of nine years, Father may request that the Court reconsider the custodial arrangement for the child. 8. Mother shall permit Father to claim the minor child as a dependency exemption on his income tax return. Mother shall execute any necessary paperwork to enable Father to claim the child as an exemption. 19. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 20. The parties intend to be bound oy the terms of this ?iareement and intend for this Agreement to be made an Order of Court. L. CUR Date Nicol Berman Certified Legal Intern Couns 1 for Plaintiff ROBE E. RAINS 0 THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Couns 1 for Plaintiff FAMI Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)2 3-2968 Fax (7 7)243-3639 WILBERTO CORREA-SALCEDO Date EXHIBIT B Law Offices of Gary L. Kelley 3117 Chestnut Street Camp Hill, Pennsylvania 17011 (717) 612-1484 Fax (717) 612-1761 February 27, 2009 Anne Mac onald-Fox, Esq. The Family Law Clinic 45 North Pitt Street Carlisle, P 17013 FACSIMILE TRANSMISSION TO (717) 243-3639 Re: Curtin v. Salcedo No. 07-960 Dear Ms. Mcdonald-Fox: I r resent Mr. Salcedo in the above matter. According to my client, Ms. Curtain has been denying all contact with the child for approximately two (2) months. During this period, Ms. Curtain has routinely hung up on Mr. Salcedo when he attempted to speak with his daughter, prevented him from attending a family function which included the child, had her boyfriend call and threaten Mr. Salcedo, and denied all periods of alternate physical custody. Of particular import is a fact that Mr. Salcedo's mother, the child's grandmother, travelled to Pennsylvania today to see her grandchild. While Ms. Curtain has been aware of this trip for an extended period of me, she is refusing to allow the grandmother to see the grandchild. Additionally, Ms. Curtain h refused to provide her home address to Mr. Salcedo and has refused to provide the address of the individual providing daycare. I requesting that this issue be addressed immediately and that Mr. Salcedo be permitted to have the child immediately and for the next two weeks. If we are unable to resolve this matte amicably, I am prepared to file a Petition For Emergency Relief today. you for your attention to this matter. Very truly yo , . 4. Gary. . elley EXHIBIT C Law Offices of Gary L. Kelley 3117 Chestnut Street Camp Hill, Pennsylvania 17011 (717) 612-1484 Fax (717) 612-1761 March 12, 2009 Anne MacDonald-Fox, Esq. The Family Law Clinic 45 North Pi Street Carlisle, P 17013 FACSIMILE TRANSMISSION TO (717) 243-3639 Re: Curtin v. Salcedo No. 07-960 Dear Ms. McDonald-Fox: I lass ly wrote to you regarding this matter on February 27, 2009. Since that date, you have left approximately three (3) telephone messages wherein you stated that your client would not return our calls. To date, I have never received a written response to my many inquiries. As you ma be aware, your client contacted Children and Youth Officials and filed a complaint alleging tha Mr. Salcedo had sexually abused the child apparently only an hour or so after I had again left a message requesting that the child be returned to Pennsylvania and again reiterated the facts contained in my letter dated February 27, 2009. I only learned of this allegation earlier this week alter I insisted that your client return the child to Pennsylvania immediately or I would file a custo y action. If you had any prior knowledge of this allegation, you never communicated it to me. ou may be interested to learn that Dauphin County Children and Youth Officials deemed this. complaint to be unfounded. You may also be interested to learn that your client also made a similar allegation against Mr. Salcedo's sister's son and this allegation was also deemed to be unfounded. signature be enjoyi continues after the f prior know client is it agreement, her boyfrie against the a reviewing the agreement, I noticed that Mr. Salcedo was not represented and his pears not to have been witnessed. It was Mr. Salcedo's understanding that he would periods of alternating physical custody on alternating weekends. Your client deny all contact with the child and also denied contact with the paternal grandmother ndmother travelled from Puerto Rico at great personal expense and with your client's edge that the grandmother was coming to Pennsylvania on a specific date. Your direct contempt of the agreement and I will be seeking a modification of the contempt, a fine for violating the order, and counsel fees. If your client alleges that A refuses to allow her to bring the child to Pennsylvania I will seek criminal charges boyfriend for interfering with my client's custodial rights. You may wish to inform your client f the potential criminal ramifications for filing a false report. My patience is at an end and I ill vigorously pursue this matter in Cumberland County. I would appreciate the courtesy of 4 prompt response. you for your attention to this matter. Very truly yours, Gary,L. elley ANDREA V. W ILBER] CERTIFICATE OF SERVICE I, hereby Relief and CURTAIN, : IN THE COURT OF COMMON PLEAS Plaintiff : COUNTY, PENNSYLVANIA NO. 07-960 CORREA-SALCEDO, CIVIL ACTION - CUSTODY Defendant Y L. KELLEY, Esquire, attorney for Defendant in the above-captioned matter, do that I served a true and correct copy of DEFENDANT"S Petition For Special ted Hearing on counsel for PLAINTIFF by facsimile transmission to (717) 243- 3639, on the 26TH day of May, 2009, addressed as follows: Karen Fernandez Student Attorney The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 'A?, ?-64?? G Y L. KELLEY E quire I.D. 6801 3117 Chestnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant r- r *,70, 00 Po ATTY CAW Rx? as ?cos$ Andrea . Curtin, Plaintiff v Wilberto Correa-Salcedo, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY : No. 07-960 CIVIL TERM ''S PRELIMINARY OBJECTIONS TO DEFENDANT'S PETITION FOR SPECIAL RELIEF AND EXPEDITED HEARING ow comes the Plaintiff, Andrea Curtin, through her attorneys the Family Law Clinic, i? the above captioned matter and files the following Preliminary Objections to Pa.R.C.P. No. 1028 as follows: 1. Iefendant filed a Petition for Special Relief and Expedited Hearing on May 26, which fails to conform to rules of this Court. 2. Oursuant to Pa.R.C.P. No. 206.3 a petition that alleges a fact which is not on must be verified. Defendant's Petition for Special Relief alleged several facts which have never been put on the record AND failed to contain a as defined in Pa.R.C.P. No. 76. 3. Oursuant to C.C.R.P. 208.2(d) motions and petitions must indicate that the of opposing counsel was sought. Defendant's counsel failed to seek of opposing counsel. Defendant's Petition fails to include a ?aragraph indicating if concurrence was sought. 4. ?' rsuant to C.C.R.P 208.3(a)(2) al motions and Petitions must state if a judge has on another issue in a related or the same matter. On December 4, 2008, the Judge Kevin A. Hess adopted the current custody agreement through a Court Order docketed at No. 07-960. Defendant's Petition fails to identify this Court Order or the Judge who issued it. WHI REFORE, Plaintiff respectfully requests that the Court DISMISS Defendant's Petition for Special Relief and DENY the request for an Expedited Hearing. Respectfully submitted, S Z qlo Date Rachel Allen Certified Legal Intern /j A/1 I ?ijl VN wfiv-f-% ya?qi? E RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 Andrea C in , Plain dff v. Wilberto Co ea-Salcedo, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA' CIVIL ACTION-LAW IN CUSTODY :'NO. 07-960 CIVIL TERM CERTIFICATE OF SERVICE I, R?chel Allen, Certified Legal Intern, Family Law Clinic, hereby certify that I served a time-stamped copy of Plaintiff s Preliminary Objections on Defendant's attorney, Gary L. Kelley, by facsimile transmission to (717) 612-1761 and by depositing a copy of the same in the United States first class mail, postage prepaid addressed to Gary L. Kelley, Law Offices of Gary L. Kelley, 3 17 Chestnut Street Camp Hill, PA 17011, on May 29, 2009. Rachel Allen Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 FIL , THE ??:ia ?^ nip €' 9 f,a O"i r` ANDREA V. W ILBER Gary L 1. 2. appear CURTAIN, : IN THE COURT OF COMMON PLEAS Plaintiff : COUNTY, PENNSYLVANIA NO. 07-960 CORREA-SALCEDO, CIVIL ACTION - CUSTODY Defendant NOW comes the Defendant, Wilberto Correa-Salcedo, by and through his attorney, and respectfully responds to Plaintiffs Preliminary Objections as follows: Admitted that a Petition was filed on May 26, 2009 as stated. However, the of this averment is denied as it is a legal conclusion to which no response is necessary. Pa.R.C.P. 206.3 speaks for itself. Hence, this portion of the averment is denied. the Rule provides: "A petition or an answer containing an allegation which does not record shall be verified." The remainder of this averment is denied as stated. The failed to include a signed verification by the Defendant as part of the Petition. a verification had been executed by the Defendant prior to the document being filed. with the filing of the Answer sub 'udice, counsel has filed a verification to cure thisipotential defect. A true and correct copy of the verification is attached hereto as Exhibit "A." C.C.R.P. 208.2(d) speaks for itself. Hence, this portion of the averment is denied. The re ainder of this averment is denied as stated. Moreover, the undersigned has sent at least eleven 11) letters to opposing counsel and, rarely, if ever, received a response. The undersigned r also left m y telephone messages for opposing counsel and rarely, if ever, received a response. If fact, co sel sent a letter and, left a message requesting a response or he would be forced to file a Petiti n for Emergency Relief if he did not receive a response on at least one (1) occasion as evidenc d by Exhibits B and C in Defendant's original Petition For Special Relief and Expedited earing. The instant pleading is merely an example of opposing counsel's and Plaintiff s c ntinuing obstreperous behavior in this matter. The undersigned respectfully submits that his re ated calls and letters clearly satisfy the intent of the subject Rule and is neither a fatal nor in, urable flaw. 4. C.C.R.P. 208.3(a)(2) speaks for itself. Hence, this portion of the averment is denied. a remainder of this averment is denied as stated. At averment 6 to Defendant's Petition, c unsel provides in relevant part: "On November 25, 2008, the parties entered into a custody ag eement wherein they jointly agreed to modify this Honorable Court's Order November 11, 2007 cketed to the above caption and docket number." At Exhibit "A," counsel attached a copy of a parties' Agreement, with a caption and docket number. While the undersigned did not specifi ally identify the judge which signed the Order, counsel noted that an Order of Court had been reviously entered on November 11, 2007 and included the docket number. Counsel respectfull submits that his actions satisfied the intent of the subject Rule and is neither a fatal nor incur ble flaw. The instant pleading is merely an example of opposing counsel's and Plaintiffs continuing obstreperous behavior in this matter. W EREFORE, the Defendant, by and through his attorney Gary L. Kelley, respectfully requests t rat this Honorable Court deny Plaintiffs Preliminary Objections, enter an interim Order granting hi? custody pending a custody hearing, and expeditiously schedule this matter for a custody he?ring as he previously requested in his Petition For Special Relief and Expedited Hearing. Respectfully submitted, '4' e. G V. Kelley ID M. 46801 3117 Chestnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant EXHIBIT A VERIFICATION that the statements made in this Petition 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 4sworn falsification to authorities. ANDREA CURTAIN, : IN THE COURT OF COMMON PLEAS Plaintiff : COUNTY, PENNSYLVANIA V. NO. 07-960 ERT CORREA-SALCEDO, CIVIL ACTION -CUSTODY Defendant CERTIFICATE OF SERVICE I, GARY L. KELLEY, Esquire, attorney for Defendant in the above-captioned matter, do hereby cert4 that I served a true and correct copy of DEFENDANT'S ANSWER TO PLAINTIFFS PRELIMINARY OBJECTIONS TO DEFENDANT'S PETITION FOR SPECIAL RELIEF to (717) EXPEDITED HEARING on counsel for PLAINTIFF by facsimile transmission 639, on the 1st day of June, 2009, addressed as follows: Karen Fernandez Student Attorney The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 GARVJ. KELLEY, quire I.D. # 6801 3117 Chestnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant `-T THE IP'l 2 09J ; -E FE'; 3: , ?? II V. of (tow - SaPuaco VERIFICATION 07 -960 I verify that the statements made in this Petition 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. - it i0 C Y4, L/Zo c 7_?r' LA MAY 2 .7 2009 ANDREA L. CURTAIN, : IN THE COURT OF COMMON PLEAS Plaintiff : COUNTY, PENNSYLVANIA V. NO. 07-960 WILBERTO CORREA-SALCEDO, CIVIL ACTION - CUSTODY Defendant ORDER AND NOW, this 7-T day of May, 2009, upon consideration of Defendant's Petition For Special Relief and Expedited Hearing, it is hereby ORDERED and DECREED that an s eiio cu 4 DPnPmha A 2n05 is placed with Defend an+ nen er o ourt' hearing on this matter is scheduled for the ! ? day of , 2009, in Courtroom Number at // aV A.M.>Wd. on the J floor at the Cumber land County Courthouse, Carlisle, Pennsylvania. BY THE COURT: JUDGE ua:::? - 647/1/-7 JUN 01,2009 o Andrea L. Curtin, Plaintiff V. Wilberto Correa-Salcedo, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY No. 07-960 CIVIL TERM 4 ORDER OF COURT AND NOW, this day of 2009, Plaintiff's Preliminary Objections reqttes+ aV /I;Ga Aw?. By the Court, Judge XThe Family Law Clinic 45 North Pitt Street Carlisle, PA 18013 Attorney for Plaintiff /G L. Kelly for Defendant 3117 Chestnut Street Camp Hill, PA 17011 Attorney for Defendant t iz s rna? 1, L /a/,5? '. ?} .. ??,? - ?,__ =., ?,? ,'•? __.. {:. JUN 0 ) 2009 ANDREA L. CURTAIN, : IN THE COURT OF COMMON PLEAS Plaintiff : COUNTY, PENNSYLVANIA V. NO. 07-960 W ILBERTO CORREA-SALCEDO, CIVIL ACTION - CUSTODY Defendant ORDER AND NOW, this C day of June, 2009, upon consideration of Defendant's Answer to Plaintiffs Preliminary Objections to Defendant's Petition for Special Relief and Expedited Hearing and Defendant's Petition For Special Relief and Expedited Hearing, it is hereby ORDERED and DECREED that Plaintiffs Preliminary Objections are DENIED and Defendant's Petition is GRANTED and custody of the minor child, Savanna Correa, date of birth, December 8, 2005, is placed with Defendant pending further Order of Court. A hearing on this matter is scheduled for the /7' day of ??•.,r , 2009, in Courtroom Number `>? at i/ ! bo ?/P.M. on the q ` floor at the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: .? `? o +? J ?? ?o C.? `? ? 0 .-1 .1 ANDREA L. CURTAIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WILBERTO CORREA- SALCEDO, Defendant NO. 07-960 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 8th day of June, 2009, upon consideration of Defendant's Answer to Plaintiffs Preliminary Objections to Defendant's Petition for Special Relief and Expedited Hearing and Defendant's Petition for Special Relief and Expedited Hearing, it is hereby ORDERED and DECREED that the portion of the prior order in this matter dated June 5, 2009, stating "that Plaintiff's Preliminary Objections are DENIED, and Defendant's Petition is GRANTED and custody of the minor child, Savanna Correa, date of birth, December 8, 2005, is placed with Defendant pending further Order of Court" is vacated and a hearing is scheduled for June 17, 2009, at 11:00 a.m., in Courtroom No. 4, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Attorney for Plaintiff - W ,/'Gary L. Kelley, Esq. 3117 Chestnut Street Camp Hill, PA 17011 Attorney for Defendant :rc O'cTI'O's FILED-40FR CF _ OF THE F; ;CTS -niN r! Ip+ 2009 JUN -9 PM 145 ANDREA L. CURTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-960 CIVIL WILBERTO CORREA-SALCEDO, Defendant ORDER AND NOW, this 17' day of June, 2009, following hearing thereon, the petition of the defendant for special relief is DENIED. However, this matter is referred to conciliation to address differences between the parties that have arisen since the last order entered in this case. BY THE COURT, X4? Kevin . Hess, J. Rachel Allen Certified Legal Intern For the Plaintiff ?ary Kelley, Esquire For the Defendant Court Administrator :rlm ?o l ES ?r1?IC£d? 'Jr THE, + !nT ;RY 2009 JUN 18 AM 3: 5 5 IN'ry S 'lAtl? ?4 ?,j?1 _j J f{rJ? ANDREA L. CURTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-960 CIVIL ACTION LAW WILBERTO CORREA-SALCEDO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, June 23, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Friday, July 31, 2009 at 1:00 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. 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/ ohn . Man an r. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , coo ' o I? ?ev? c'?, e? eel /ov??,-46 ANDREA L. CURTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-960 CIVIL WILBERTO CORREA-SALCEDO, Defendant ORDER AND NOW, this /7' day of June, 2009, following hearing thereon, the petition of the defendant for special relief is DENIED. However, this matter is referred to conciliation to address differences between the parties that have arisen since the last order entered in this case. BY THE COURT, Kevin Hess, J. Rachel Allen Certified Legal intern 0,a For the Plaintiff?w ?3 Gary Kelley, Esquire For the Defendant Court Administrator :rlm AUG 0 3 2009q ANDREA L. CURTIN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-960 Civil Term WILBERTO C. SALCEDO Defendant : ACTION IN CUSTODY Prior Judge: Kevin A. Hess, J. COURT ORDER AND NOW, this q-0 day of August 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The previous Order and Agreement dated November 25, 2008 shall remain in full force and effect with the following modifications as follows. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the 670 day of Qd6 2009 at g: 3 6 am/pm in Courtroom number 4 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. In regard to physical custody and paragraph 6 of the Agreement of November 25, 2008, a. Father shall have physical custody of Savanna from Friday between 6:00 pm and 7:00 pm July 31, 2009 until Sunday 9:30 am August 2, 2009. Father shall pick up Savanna in Bayonne, NJ Friday that the parties shall meet in Allentown, PA on Sunday at the designated McDonald's. b. Father shall have physical custody of the Child from August 8, 2009 until August 30, 2009. The parties shall meet at 5:00 pm in Allentown, PA at the designated McDonald's. 4. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. Cc: ? e Family Law Clinic ./ James Nealon, Esquire ?John J. Mangan, Esquire l,La g 4J10? ANDREA L. CURTIN Plaintiff V. WILBERTO C. SALCEDO Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-960 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Savanna Correa 12/8/05 Primary Mother 2. A Conciliation Conference update was held on March 9, 2007, an Order issued September 11, 2007, a hearing was held and an Order of Court issued November 21, 2007, an agreement was filed November 25, 2008 and a conciliation conference was held July 31, 2009 with the following individuals participating: The Father, Wilberto Correa Salcedo with his counsel, James Nealon, Esquire The Mother, Andrea L. Curtin, with her counsel, The Family Law Clinic, Megan Riesmeyer, Esquire. 3. Father's position on custody is as follows: Father asserts that for significant periods of the Child's life, he was the primary care giver for the Child. Father indicates that Mother has denied him and paternal family access to the subject Child. Father has concerns regarding the Child's well-being in New Jersey with Mother and would like to have primary custody, or at least a shared custody schedule until the Child attends school. 4. Mother's position is as follows: Mother seeks primary physical custody subject to Father's partial physical custody. Mother indicates that the Child is doing extremely well in her primary care. Mother had been willing to expand Father's weekends if a hearing were not requested by Father. However, since Father has, Mother requests the agreement dated November 25, 2008 be reinstated with some modifications for make-up time. Mother asserts that she has been the Child's primary care-giver and desires to continue as such. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court granting Mother and Father shared legal custody and Mother to have primary physical custody subject to Father's periods of partial physical custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: -7h/-/:? John J M gan, Esquire Custody C nciliator OF THE E 0T Y 2009 A -4 PH 1 C Pw .: a USN; v Andrea L. Curtin, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW CUSTODY Wilberto Correa-Salcedo , Defendant : NO. 07 - 960 CIVIL TERM CERTIFICATE OF SERVICE I, Amy Hftalds, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of Plaintiffs Pre-Hearing on Defendant Wilberto Correa-Salcedo's attorney, James G. Nealon, Esq. by depositing a copy of the same in the United States first class mail, postage prepaid addressed to Nealon Law Firm, P.C. 2411 North Front St. Harrisburg, PA 17110 and by facsimile to (717) 236-9199 on October 23, 2009 Amy Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ' ?Frl..?:D 1? ^'? 7L ! NE rr C}t i 'Np1 T 2099 OCT 23 kr`i 13: <: ? j ANDREA L. CURTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CUSTODY WILBERTO CORREA-SALCEDO, : Defendant : No. 07-960 CIVIL TERM CUSTODY ORDER AND NOW, this R 96f day of htt4 , 2009 as per the attached and signed Custody Agreement, the following terms are approved and entered as an Order of Court: 1. The Order of Court of August 4, 2009 is replaced by the following agreement. 2. Mother and Father shall share legal custody of the child. 3. Mother and Father shall share physical custody of the child pursuant to the following schedule: a. Father shall have custody on alternating weekends during the school year beginning at 5:00 p.m. on Friday and ending 6:00 p.m. on Sunday. b. Father shall have custody every summer during the second and third week of July and the second and third week of August beginning on the second Friday of the month at 5:00 p.m. and ending on the fourth Sunday of the month at 6:00 p.m. c. Father shall have custody for a 7 day period beginning on the Sunday following the child's last day of school in June. d. Custody exchanges shall occur at the corner of 16th Street and Avenue C in Bayonne, NJ. e. Father shall be permitted to exercise additional periods of partial custody as mutually agreed by the parties. 4. The holiday schedule shall be as follows: a. Thanksgiving: Mother and Father shall alternate Thanksgiving, beginning the Thanksgiving of 2009. Father shall have the child in even numbered years and Mother shall have the child in odd numbered years. The custodial period shall be from Wednesday at 6:00 p.m. until Friday at 10:00 a.m. b. Christmas: Father shall exercise his period of partial custody from December 23`d at 6:00 p.m. until December 25th at 10:00 a.m. Mother shall regain custody of the child on December 25th at 10 a.m. c. New Years: Mother and Father shall alternate New Years Eve/New Years Day. Mother shall have the child in years in which New Years Eve is an odd numbered year and New Years Day is an even numbered year and Father shall have the child when New Years Eve is an even numbered year and New Years Day is an odd numbered year. The custodial period shall be from 10:00 a.m. on December 31St until 6:00 p.m. on January 1St. In years in which Mother has custody of the child for the holiday, Father shall have custody of the child from January 2na at 10:00 a.m. until the day before school starts at 6:00 p.m. d. Father's Day: Father shall have custody of the child each Father's day weekend beginning at 5:00 p.m. on Friday and ending at 6:00 p.m. on Sunday. e. Mother's Day: Mother shall have custody of the child each Mother's day weekend beginning at 5:00 p.m. on Friday and ending at 6:00 p.m. on Sunday. f. Holiday schedules shall take precedence over the regular custodial schedule. 5. Father shall contact Mother one week prior to his stated periods of partial custody to confirm that he will be exercising partial custody of the child during these stated periods. 6. Mother and Father shall not leave the child in the care of anyone that is not a responsible adult. 7. Mother and Father shall not take the child out of New Jersey or Pennsylvania with out prior permission from the other parent. 8. Unless Mother and Father mutually agree otherwise, custody exchanges will occur at the corner of 16'' Street and Avenue C in Bayonne, NJ. 9. Mother and Father shall agree upon drop off and pick up times, and dates that are not already specified in this agreement. 10. Mother and Father shall notify each other of all medical care the child receives while in the parent's care. Mother and Father shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 11. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may a e hamper the free and natural development of the child's love and respect for the other parent. 12. Mother and Father shall communicate with one another in a respectful manner for all issues regarding the child. 13. The noncustodial parent shall be permitted telephone contact with the child at 7:00 p.m. every evening. By the Court: Judg Sevin A. Hess cc: The Family Law Clinic, for Mother - coPtcS 9N¢? /dS-oq Gary L. Kelley, Esq. for Father co('7 wa?eJ y?c FILED-OFFICE OF THE PPOTMONOTARY 2009 OCT 29 Ali 10: 08 3-N in! N . --v - ANDREA L. CURTIN, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY WILBERTO CORREA-SALCEDO, : Defendant : No. 07-960 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 2q day of October, 2009, between ANDREA L. CURTIN, hereinafter Mother, and WILBERTO CORREA-SALCEDO, hereinafter Father, concerns the custody of their child, SAVANNA CORREA, born December 8, 2005. Mother and Father desire to enter into an agreement as to the custody of the minor child. Mother and Father agree to the following. 1. The Order of Court of August 4, 2009 is replaced by the following agreement. 2. Mother and Father shall share legal custody of the child. 3. Mother and Father shall share physical custody of the child pursuant to the following schedule: a. Father shall have custody on alternating weekends during the school year beginning at 5:00 p.m. on Friday and ending 6:00 p.m. on Sunday. b. Father shall have custody every summer during the second and third week of July and the second and third week of August beginning on the second Friday of the month at 5:00 p.m. and ending on the fourth Sunday of the month at 6:00 p.m. c. Father shall have custody for a 7 day period beginning on the Sunday following the child's last day of school in June. d. Custody exchanges shall occur at the corner of 16th Street and Avenue C in Bayonne, NJ. e. Father shall be permitted to exercise additional periods of partial custody as mutually agreed by the parties. 4. The holiday schedule shall be as follows: a. Thanksgiving: Mother and Father shall alternate Thanksgiving, beginning the Thanksgiving of 2009. Father shall have the child in even numbered years and Mother shall have the child in odd numbered years. The custodial period shall be from Wednesday at 6:00 p.m. until Friday at 10:00 a.m. b. Christmas: Father shall exercise his period of partial custody from December 23`d at 6:00 p.m. until December 25th at 10:00 a.m. Mother shall regain custody of the child on December 25th at 10 a.m. c. New Years: Mother and Father shall alternate New Years Eve/New Years Day. Mother shall have the child in years in which New Years Eve is an odd numbered year and New Years Day is an even numbered year and Father shall have the child when New Years Eve is an even numbered year and New Years Day is an odd numbered year. The custodial period shall be from 10:00 a.m. on December 31 s` until 6:00 p.m. on January 1St. In years in which Mother has custody of the child for the holiday, Father shall have custody of the child from January 2?d at 10:00 a.m. until the day before school starts at 6:00 p.m. d. Father's Day: Father shall have custody of the child each Father's day weekend beginning at 5:00 p.m. on Friday and ending at 6:00 p.m. on Sunday. .V . e. Mother's Day: Mother shall have custody of the child each Mother's day weekend beginning at 5:00 p.m. on Friday and ending at 6:00 p.m. on Sunday. f. Holiday schedules shall take precedence over the regular custodial schedule. 5. Father shall contact Mother one week prior to his stated periods of partial custody to confirm that he will be exercising partial custody of the child during these stated periods. 6. Mother and Father shall not leave the child in the care of anyone that is not a responsible adult. 7. Mother and Father shall not take the child out of New Jersey or Pennsylvania with out prior permission from the other parent. 8. Unless Mother and Father mutually agree otherwise, custody exchanges will occur at the corner of Wh Street and Avenue C in Bayonne, NJ. 9. Mother and Father shall agree upon drop off and pick up times, and dates that are not already specified in this agreement. 10. Mother and Father shall notify each other of all medical care the child receives while in the parent's care. Mother and Father shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 11. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 12. Mother and Father shall communicate with one another in a respectful manner for all issues regarding the child. 4 x s 13. The noncustodial parent shall be permitted telephone contact with the child at 7:00 p.m. every evening. 14. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. r' ' W AIV?REA L. CURTIN WILBERTO CORREA-SALCEDO !fl /,-? 2 k 7 Date Rachel Allen Certified Legal Intern Counsel for Plaintiff /? I M/ '? &*-?- MEG RIESMEYER Counsel for Plaintiff a4t 0 Date LAW OFFICES OF GARY L. KELLEY 3117 Chestnut Streeet Camp Hill, PA 17011 (717) 612-1484 Fax (717) 612-1761 FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 RLED-&TICE OF THE PROTHONO3TARY 2009 OCT 29 APB 10: 08 'Ci`,1 SYLVA.'N' , FLED-0'r r CE )C T 1c: pr-"-,7", jn' "'()f h 11. H- 2010 FEB 16 °M 1: 16 CUIV' NTY ANDREA L. CURTAIN, : IN THE COURT OF COMMOW?k Plaintiff : COUNTY, PENNSYLVANIA V. NO. 07-960 WILBERTO CORREA-SALCEDO, CIVIL ACTION - CUSTODY Defendant . PETITION FOR EMERGENCY RELIEF AND NOW comes the Defendant, Wilberto Correa-Salcedo, by and through his attorney, Gary L. Kelley, and respectfully Petitions this Honorable Court as follows: 1. Defendant is Wilberto Correa-Salcedo who resides at 1432 Berryhill Street, Harrisburg, Pennsylvania 17104. 2. Plaintiff is Andrea L. Curtain who resides in New Jersey with her paramour, Thomas Barber. 3. The parties are the parents of one (1) minor child, Savanna Correa, date of birth, December 8, 2005. 4. In June 2009, the undersigned filed a Petition For Special Relief and Expedited Hearing in the above matter. 5. The Petition contained, inter alia, an averment that Plaintiff had filed a complaint with Children and Youth Services against Defendant regarding allegations of inappropriate behavior on the part of Defendant, Mr. Salcedo and an averment that Barber had been interfering in family decisions with the minor child and that he had threatened physical harm against Defendant. 6. The Children and Youth Services complaint was investigated and subsequently dismissed as unfounded. 7. The parties subsequently reached a resolution regarding the undersigned's Petition. 8. On January 27, 2010, the undersigned forwarded a letter to counsel at the Family Law Clinic which represents Plaintiff. 9. The undersigned brought to the Clinic's attention that Plaintiff had again filed a Children and Youth Services complaint against Defendant that Barber was again confronting Defendant and making extremely denigrating statements about Defendant to Defendant in the presence of the minor child. A true and correct copy of the letter dated January 27, 2010 is attached hereto as Exhibit "A." 10. By a letter dated February 2, 2010, the undersigned again voiced concerns regarding Plaintiffs boyfriend's behaviors on February 1, 2010 and noted the profane and volatile statements he had again made to Defendant in the presence of the minor child. A true and correct copy of the letter dated February 2, 2010 is attached hereto as Exhibit "B." 12. On or about February 12, 2010, Defendant learned that Barber had recently struck the minor child repeatedly on the hands and buttocks and hurt her. 13. Defendant learned that Barber has struck the child on more than one occasion. 14. The physical abuse began occurring at or about the time of the February 2, 2010 letter because Barber was angry about the bicycle complaint contained in the letter of the same date. 15. Since that date, the minor child complains that Barber has hit her and has been mean to her as well. 16. The child is fearful for her safety and is terrified to return home. 17. Defendant believes and therefore avers that Barber mistreats the child because of his intense dislike for him (the Defendant) and is attempting to provoke Defendant. 18. Defenant has filed a Children and Youth COmplaint in New Jersey and fears for the chiuld' safety when Barber learns that an investigation is o 19. Given the young age of the minor child, four years of age, and her intense fear of Barber, it is in the best interests of the minor child that she be placed with Defendant pending further Order of Court. 20. This matter has previously been before the Honorable Kevin A. Hess. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an emergency order granting custody of the minor child to Defendant and expeditiously scheduling this matter for a hearing on Defendant's Petition. Respectfully submitted, Gan/L. elley ID .46801 3117 Chestnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant EXHIBIT A Law Offices of Gary L. Kelley 3117 Chestnut Street Camp Hill, Pennsylvania 17011 (717) 612-1484 Fax (717) 612-1761 January 27, 2010 Rachel Allen The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 VIA FACSIMILE TRANSMISSION TO (717) 243-3639 Re: Curtin v. Salcedo No. 07-960 Dear Ms. Allen: Ms. Curtin's boyfriend continuously interferes in Mr. Salcedo's relationship with his daughter. He continuously denigrates Mr. Salcedo in the presence of the child and tells Mr. Salcedo that "How are you gonna tell me anything when I'm supporting your daughter" and goes on to tell him that he (Mr. Salcedo) is not paying any support for the child. This situation has become intolerable and is reaching a crisis stage because of this incessant belittling behavior. Moreover, this same individual has interfered in family decisions. This must cease immediately. Please direct your client to return the necklace and bracelet set and DS game system which he which he bought for the child to use while the child is here as many items have not been returned in the past. Your client is now refusing to allow these items to leave her residence in New Jersey. You may also be interested to learn that your client has again filed a false allegation of abuse against the child. If these behaviors are not immediately corrected, I anticipate filing an Emergency Petition as these behaviors include, inter alia, parental alienation. Thank you for your attention to this matter. I look forward to your prompt reply. Very trul yours, G . Kelle cc: Wilberto Salcedo EXHIBIT B Law Offices of Gary L. Kelley 3117 Chestnut Street Camp Hill, Pennsylvania 17011 (717) 612-1484 Fax (717) 612-1761 February 2, 2010 Christopher A.Walker Certified Legal Intern The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 VIA FACSIMILE TRANSMISSION TO (717) 243-3639 Re: Curtin v. Salcedo No. 07-960 Dear Mr. Walker: Thank you for your letter this same date. I appreciate the efforts you made with Ms. Curtain regarding her boyfriend but your efforts were for naught. Last evening, Ms. Curtain's boyfriend again intervened in a conversation and became extremely profane. He also made comments that Mr. Salcedo was not supporting his child. These comments and interference must cease immediately. This has been occurring in the presence of the child. This behavior does not set a good example for the minor child and is an active attempt by the boyfriend to alienate the child from her father. We have never been provided the name of the boyfriend. What is his full name and where does he reside? Mr. Salcedo purchased a bicycle for the child. Ms. Curtain now refuses to return it and has left it outside in the elements in an attempt to ruin it. Such behavior serves no useful purpose. Additionally, the necklace and bracelet were never returned to Mr. Salcedo and your client has bragged that she still has these items. Please have these items immediately returned. Regarding the sleeping arrangements for the child, she has an appropriate room and her own bed. The incident to which you refer was nothing more than the child waking up in the middle of the night and sneaking into bed with her father. If you have children of your own, you will know that this occurs periodically and is not sexual in nature which appears to be the implication behind your statement. As you may be aware, your client has twice within the last year filed false accusations against my client.with Children and Youth authorities. Both allegations were thoroughly investigated and dismissed. As I wrote earlier, this case has again reached a crisis stage as a result of these behaviors. In all likelihood, we will be returning to Court to resolve these ongoing issues. Thank you for your attention to this matter. I look forward to your prompt reply. Very truly ours, Ga Kelley cc: Wilberto Salcedo VERIFICATION I verify that the statements made in this Petition 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. 'G? ? Ci ANDREA L. CURTAIN, : IN THE COURT OF COMMON PLEAS Plaintiff : COUNTY, PENNSYLVANIA V. NO. 07-960 WILBERTO CORREA-SALCEDO, CIVIL ACTION - CUSTODY Defendant CERTIFICATE OF SERVICE I, GARY L. KELLEY, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of DEFENDANT"S Petition For Emergency on counsel for PLAINTIFF by facsimile transmission to (717) 243-3639, on the 16TH day of February, 2010, addressed as follows: Christopher Walker Student Attorney The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 GAR?Y L. KELLEY, squi e I.D. 1 3117 Chestnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant Andrea Curtin, V. Plaintiff Wilberto Correa-Salcedo, Defendant IN THE COURT OF COMMON PASO OF CUMBERLAND COUNTY, -n M --I -I- PENNSYLVANIA = . CIVIL ACTION - LAW - ?v ?. IN CUSTODY k > - hJ No. 07-960 CIVIL TERMS PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR EMERGENCY RELIEF AND NEW MATTER Plaintiff, Andrea Curtin, by her attorneys, the Family Law Clinic, hereby responds to Defendant's Petition for Emergency Relief as follows: 1. Admitted. 2. Admitted. By way of further answer, Plaintiff's address is 376 Avenue C, Apartment 2, Bayonne, New Jersey 07002 and her last name is correctly spelled Curtin. 3. Admitted. 4. Admitted that Defendant filed a Petition for Special Relief and Expedited hearing. Such Petition was filed in May of 2009. 5. Admitted in part and denied in part. It is admitted that Defendant's May 2009 Petition made an averment that Plaintiff contacted Children and Youth Services with concerns about Defendant and that Defendant made an averment that Plaintiff's boyfriend made physical threats against Defendant; however it is denied that Defendant's Petition averred that Plaintiff's boyfriend had been interfering in family decisions with the minor child. 6. Admitted. 7. Denied. By way of further answer, the parties subsequently reached a resolution as to custody of the child; however Defendant's Petition was denied by order of court dated June 17, 2009. 8. Admitted. By way of further answer, the letter Defendant's counsel forwarded to Plaintiff's counsel was incorrectly dated February 27, 2010. 9. Admitted. See above regarding date of said letter. 10. Admitted. 11. Omitted by Petitioner. 12. Without sufficient knowledge or belief to respond. 13. Without sufficient knowledge or belief to respond. 14. Denied. 15. Without sufficient knowledge or belief to respond. 16. Denied. 17. This allegation refers to Defendant's belief and therefore no response is necessary. 18. Admitted in part. It is admitted that Defendant contacted the Children and Youth Agency in New Jersey. Defendant's counsel did not finish the allegation and therefore Plaintiff is unable to respond to the rest of this allegation. 19. Denied. 20. Admitted. NEW MATTER - Health and Safety of the Child 21. Paragraphs 1 through 20 are incorporated as if fully set forth herein. 22. On February 14, 2010, the New Jersey Division of Youth and Family Services (DYFS) interviewed the child at the Bayonne Police Department. 23. On February 14, 2010, a DYFS caseworker accompanied Plaintiff and the child to the family home in order to conduct an investigation of the home and to interview Plaintiff, Plaintiff's boyfriend, the child, and the other children in the home. 24. At the conclusion of the home visit, the DYFS caseworker indicated to Plaintiff that she was going to leave the child in the home and that another caseworker would return on February 16, 2010 to discuss the status of any investigation. She also indicated that she had no concerns with the home, Plaintiff, or Plaintiff's boyfriend. 25. The DYFS caseworker further indicated to Plaintiff that she did have concerns about the child's behavior with Defendant but not about child's behavior with Plaintiff or her boyfriend. 26. Plaintiff has continuing concerns about Defendant's ability to properly care for the child, however has tried to resolve many of these concerns by speaking directly to Defendant. WHEREFORE, Plaintiff requests that this Honorable Court dismiss Defendant's Petition for Emergency Relief, or, in the alternative, schedule this matter for a hearing prior to the next custodial exchange on February 26, 2010. Date: C>117 1d - Zstorlker Certified Legal Intern ME N ESMEYER. THOMAS M. PLACE ROBERT E. RAINS ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Answer and New Matter are true and correct to the best of my ability based on telephone conversations with the Plaintiff. Verification is not made by the Plaintiff due to the exigent nature of the underlying Petition and Plaintiff's residence in New Jersey. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: t Z/7 Christop er Walker Andrea Curtin, Plaintiff V. Wilberto Correa-Salcedo, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 07-960 CIVIL TERM CERTIFICATE OF SERVICE I, Christopher Walker, hereby certify that I served a true and correct copy of Plaintiff's Answer to Defendant's Petition for Emergency Relief and New Matter on Attorney Gary Kelley, by U.S. First Class Mail to 3117 Chestnut Street, Camp Hill, PA 17011 and by facsimile on this 17'h day of February 2010. L/ l Christopfie? Walker ANDREA L. CURTAIN, Plaintiff V. WILBERTO CORREA-SALCEDO, Defendant : IN THE COURT OF COMMON PLEAS : COUNTY, PENNSYLVANIA n . (7 NO. 07-960 CIVIL ACTION -CUSTODY DEFENDANT'S RESPONSE TO PLAINTIFF'S NEW MATTER C0 6v? . N n O -n M w co co w G3 AND NOW comes the Defendant, Wilberto Correa-Salcedo, by and through his attorney, Gary L. Kelley, and respectfully responds to Plaintiffs New Matter as follows: 21. No response required. To the extent that a response is deemed necessary, this averment is admitted. 22. Defendant is without such knowledge to form a basis for belief. Hence this averment is denied and strict proof thereof is demanded. 23. Defendant is without such knowledge to form a basis for belief. Hence this averment is denied and strict proof thereof is demanded. 24. Defendant is without such knowledge to form a basis for belief. Hence this averment is denied and strict proof thereof is demanded. Moreover, this statement is gross hearsay and is strictly objectionable. Therefore, this averment should be stricken. 25. Defendant is without such knowledge to form a basis for belief. Hence this averment is denied and strict proof thereof is demanded. Moreover, this statement is gross hearsay and is strictly objectionable. Therefore, this averment should be stricken. 26. Defendant is without such knowledge to form a basis for belief as to what Plaintiffs concerns actually are. Hence this averment is denied and strict proof thereof is demanded. By way of further answer, Plaintiff and her paramour have engaged in an active (-D A ?m -?-3l -r c5 ;? rn M campaign of parental alienation against the Defendant and Plaintiff has done little to nothing to control her paramours violent outbursts against the Defendant in the presence of the minor child. The Plaintiffs previous Petition with attachments, including responses from Plaintiffs counsel, establish an ongoing pattern of parental alienation. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an emergency order granting custody of the minor child to Defendant and expeditiously scheduling this matter for a hearing on Defendant's Petition. Respectfully submitted, 1,;,t P a Gary L. ell ID No. 4UKl 3117 Chestnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant ANDREA L. CURTAIN, Plaintiff V. W ILBERTO CORREA-SALCEDO, Defendant : IN THE COURT OF COMMON PLEAS : COUNTY, PENNSYLVANIA NO. 07-960 CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, GARY L. KELLEY, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of DEFENDANT"S Answer To New Matter on counsel for PLAINTIFF by facsimile transmission to (717) 243-3639, on the 17TH day of February, 2010, addressed as follows: Christopher Walker Student Attorney The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 3117 Chestnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant FEB Andrea Curtin, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW IN CUSTODY Wilberto Correa - Salcedo, Defendant No. 07-960 CIVIL TERM ORDER OF COURT AND NOW, this zz'day of F&_, 2010, upon consideration of the attached Answer to Defendant's Petition For Emergency Relief and New Matter, it is hereby Ordered as follows: 8 2010 ,? _ l?ef?r?s Petilien-€?€x?re?ger?e?-R?l?f.is L1ism???Pd 2. In the alternative, a t.? Ong ?n this matter is c heduled for 11nI n at o'clock M in , C , pasties along 3nth thei?se1 shall appear in person. BY T COURT,/ c? J.N u Cc: The Family Law Clinic, For Plaintiff - &IM Gary Kelley, Esquire, For Defendant _Y", ? ???/`d !/ ?x ,'` ANDREA L. CURTAIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WILBERTO CORREA-SALCEDO DEFENDANT 2007-960 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, February 24, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland Count Courthouse, Carlisle on Tuesday, March 30, 2010 at 9;00 AM 11 ...... ....-.- 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/ John J. Mangan, r., 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 FORTII 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 P it•' tL t r? j 1! 'S 4 r I APR 2 7 2010 a ANDREA L. CURTIN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. o n No. 07-960 Civil Term rr, r . "Lj f. rl WILBERTO C. SALCEDO O L Defendant r <; , : ACTION IN CUSTODY _ , a Prior Judge: Kevin A. Hess, P.J. 71 =< w COURT ORDER AND NOW, this day of April 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All previous Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Wilberto Correa-Salcedo, and the Mother, Andrea Curtin, shall have shared legal custody of Savanna Correa, born 12/08/2005. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall share physical custody of the Child pursuant to the following schedule: a. During the school year, Father shall have alternating weekends from 5:00 pm Friday until 6:00 pm Sunday. Father shall have a make-up weekend following Easter 2010 (three weekends in a row). b. During the summer, Father shall have custody during the second and third weeks of July and August beginning on the second Friday of the month at 5:00 pm and ending on the fourth Sunday of the month at 6:00 pm. c. Father shall have custody for a seven day period beginning on the Sunday following the Child's last day in June. (In light of the fact that the Child's educational program for 2010 ends at the end of June, this essentially means that Father will be having three weeks of custody in the month of July 2010. Once the Child begins regular school, Father shall have one week in the month of June 2011 pursuant to the first sentence of this sub- P paragraph). d. The custody exchanges shall occur at the corner of 16th Street and Avenue C in Bayonne, N.J. absent agreement otherwise. e. Father shall be permitted to exercise additional periods of partial custody as mutually agreed by the parties. 4. Holidays: The parties shall adhere to the attached holiday schedule unless otherwise mutually agreed upon. The holiday schedule takes precedence over the regular custodial schedule. Father shall contact Mother one week prior to his stated periods of partial custody to confirm that he will be exercising partial custody of the Child during these stated periods. 6. Mother and Father shall not leave the Child in the care of anyone that is not a responsible adult. 7. Mother and Father shall not take the Child out of New Jersey or Pennsylvania with out prior permission from the other parent. Unless Mother and Father mutually agree otherwise, the custody exchanges will occur at the corner of 16th Street and Avenue C in Bayonne, NJ. 9. Mother and Father shall agree upon drop off and pick up times and dates that are not already specified in this agreement. 10. Mother and Father shall notify each other of all medical care the Child receives while in that parent's care. Mother and Father shall notify the other immediately of medical emergencies which arise while the Child is in that parent's care. 11. Neither parent will do anything which may estrange the Child from the other parent, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 12. Mother and Father shall communicate with one another in a respectful manner for all issues regarding the Child. 13. The non-custodial parent shall be permitted telephone contact with the Child at 7:00 pm every evening. 14. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Cc: ?De Family Law Clinic, Anne MacDonald-Fox, Esq. -*Gary Kelley, Esq., 3117 Chestnut St., Camp Hill, PA 17011 ,elrohn J. Mangan, Esquire 1_01 ! £S ?ri t ?s?L All;a?,o TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Thanksgiving From Wednesday at 6:00 pm until Father Mother Friday 10:00 am Christmas From 6:00 pm 12/23 until 12/25 at Father Father 10:00 am New Year's From 10:00 am 12/31 until 6:00 pm Father Mother Eve/Day 01/01 (with the 12/31 year to control the even/odd determination) Break following In years that Mother has the New New Year's Year's holiday, Father has custody from 01 /02 at 10 am until the day before school starts at 6 m Mother's Day From 5 pm Friday before the holiday Mother Mother until Sunday 6 m Father's Day From 5 pm Friday before the holiday Father Father until Sunda 6 m BY THE COURT, ANDREA L. CURTIN Plaintiff V. WILBERTO C. SALCEDO Defendant Prior Judge: Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-960 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Savanna Correa 12/8/05 Primary Mother 2. A Conciliation Conference update was held on March 9, 2007, an Order issued September 11, 2007, a hearing was held and an Order of Court issued November 21, 2007, an agreement was filed November 25, 2008, a conciliation conference was held July 31, 2009, an Order was issued August 04, 2009, an Order was issued pursuant to agreement on October 29, 2009 and a conference was held March 30, 2010 with the following individuals participating: The Father, Wilberto Correa Salcedo, with his counsel, Gary Kelley, Esquire The Mother, Andrea L. Curtin, with her counsel, The Family Law Clinic, Anne MacDonald-Fox, Esquire. 3. The parties agreed to the entry of an Order as attached. Date: < lzew or John gan, Esquire ,/ AX Cu ody Conciliator I --A hy J 2010 tl - ir,- d ANDREA L. CURTIN, Plaintiff V. ;P1;7 : IN THE COURT OF COMMON PLEAS : COUNTY, PENNSYLVANIA NO. 07-960 WILBERTO CORREA-SALCEDO, CIVIL ACTION -CUSTODY Defendant PETITION FOR EMERGENCY RELIEF AND EXPEDITED HEARING AND NOW comes the Defendant, Wilberto Correa-Salcedo, by and through his attorney, Gary L. Kelley, and respectfully Petitions this Honorable Court as follows: 1. Defendant is Wilberto Correa-Salcedo who resides at 1432 Berryhill Street, Harrisburg, Pennsylvania 17104. 2. Plaintiff is Andrea L. Curtain who resides in New Jersey with her paramour, Thomas Barber. 3. The parties are the parents of one (1) minor child, Savanna Correa, date of birth, December 8, 2005. 4. In May 2009, the undersigned filed a Petition For Special Relief and Expedited Hearing in the above matter. 5. The Petition contained, inter alia, an averment that Barber had been interfering in Defendant's telephone contact with the minor child and that he had threatened physical harm against Defendant for making such calls. 6. The parties subsequently reached a resolution regarding the undersigned's Petition. F-76-o 6 ??L14 (2 aS3 9 7. Earlier this year, Defendant was forced to file a Petition For Emergency Relief in this matter regarding Barber's continued interference in the father/child relationship, Barber's threats and inappropriate comments about Defendant in the presence of the child, and after Defendant learned that Barber had been physically punishing the child. 8. The parties attended a Custody Conciliation Conference on March 30, 2010 at the Cumberland County Courthouse. 9. The parties were again able to reach a resolution on Defendant's Petition. 10. Plaintiff was specifically admonished by the Conference Conciliation Officer that Barber was to significantly reduce his role with the child including not punishing the child and not appearing at custody exchanges. 11. Prior to the Custody Conciliation Conference and since that time, the undersigned has repeatedly requested information regarding Barber, Plaintiffs paramour who resides in the home with Plaintiff and the minor child. 12. The undersigned believes that information requested is relevant as Barber resides in the home with the minor child and frequently has been a subject of the Petitions for interfering with telephone contact between father/child, punishing the child, and threatening Defendant. 13. The information requested includes whether Barber has any minor children, their names, the names of the mothers, the status of custody with the children, whether he pays support for these children and in which county the DRO Order is entered, and whether he has any criminal convictions. 14. Counsel representing Plaintiff has specifically refused to provide this information and has taken the position that he is not entitled to this information from his client's paramour and will not request it. 15. Defendant believes, and therefore avers, that by refusing to provide this information or even denying that Barber does not have any criminal convictions and/or merely stating that he has custody of his children on some basis, Plaintiff is implicitly admitting that Barber has a criminal record and may have had his children removed from his custody for some reason. 16. Since the conciliation, the minor child has complained that Barber has hit her and has been mean to her as well by locking her in a room. 17. Since the conciliation, Barber has interfered in the custody exchange on at least one occasion and threatened others at the scene. 18. During the custody exchange this past weekend, the police were called for a supervised custody exchange. 19. During the exchange, as Defendant was walking the child to her residence, the police officer observed the child becoming very emotional and declining to return home because she was afraid that "Tommy" (Barber) was home and that he hits her and locks her in a room. A true and correct copy of the officer's report is attached hereto as Exhibit "A." 20. On April 28, 2010, Defendant was referred to by his daughter as "Junior" during a conversation with her father. 21. This is a name that the adults in the family call Mr. Salcedo. 22. Additionally,the child called her father "a liar" and went on to tell him that he was the reason the family was having problems and the reason why the police had been there recently. 23. In the Hispanic community, it is highly unusual for a child of Savanna's age, 4 years old, to speak to her father in such a fashion and even more unusual for her to refer to him by an adult name given that she has always had a close relationship with her father. 24. It would appear that the child has been prompted by an adult to speak to her father in that fashion and also because she appeared to have "adult knowledge" of recent occurrences that a child of her years would not otherwise know. 25. Without the immediate intervention of this Honorable Court, the minor child will suffer irreparable physical and psychological harm 26. The undersigned has requested opposing counsel's assistance in resolving this matter and has been met with continuing resistance. 27. During the past three (3) months, Barber has become increasingly confrontational with the Defendant to the point of recently entering Defendant's vehicle and grabbing the child from the Defendant's arms almost immediately after the Defendant arrived at the exchange point. 28. Given Barber's history of erratic and confrontational conduct during the past year, Defendant is fearful for his safety and the safety of his minor child. 29. Defendant has become even more concerned since opposing counsel's refuses to provide the requested information regarding Barber and is fearful that Barber is hiding something harmful regarding his past. 30. Without the immediate intervention of this Honorable Court, the undersigned believes that Barber will further escalate the hostilities in this matter and either harm the Defendant or the minor child. 31. It is in the best interest of the minor child that this Honorable Court order opposing counsel to provide the undersigned with the previously aforementioned information including whether Barber has any minor children, their names, date of birth for each child, the address for each child, the name of each child's mother, the address of each child's mother, the status of custody for each child, the county in which the custody order is entered, whether Barber pays support for these children, in which county the DRO Order is entered, whether he has any criminal convictions, and, if so, the county of the conviction and the nature of the crime. 32. The requested information is needed in order to undertake a thorough investigation of Barber in this matter and to assist this Honorable Court in determining whether the minor child should continued to be exposed to Barber. 33. This matter has previously been before the Honorable Kevin A. Hess. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an emergency order granting custody of the minor child to Defendant, direct opposing counsel to immediately provide information regarding Barber including whether Barber has any minor children, their names, date of birth for each child, the address for each child, the name of each child's mother, the address of each child's mother, the status of custody for each child, the county in which the custody order is entered, whether Barber pays support for these children, in which county the DRO Order is entered, whether he has any criminal convictions, and, if so, the county of the conviction, the nature of the crime, and expeditiously scheduling this matter for a hearing on Defendant's Petition. Respectfully submitted, GaryKiley ID o. 46 O1 311 estnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant EXHIBIT A i pE)'ARTSRCMT i y?r1. CODE "T"OM[ ArArEER ?. UCR T. rROSECUTOR7 CASE r R OE7t. usE r BAYONNE POLICE DEPARTMENT 0901 201-858-6900 2010-28696 f cRRr6?rcrDERT E. STAT01 LOW TS a V1CTW (7n STAMU ILEn POLICE INFORMATION 670 (DYFS 1 SAVANA CORREA SOCMI SECUM EVW" N. DAL 3 tEi >i RAOE Female White L"" 1 [MY K WE 27. VtTvn AOORM FCRT. STAT[ Zr) A/T /lpff DATE AND TIME 376 AVE C. TIT arr i [ Y LYfRd (D At 0 Between 17:42 1 4/25/2010 urtsua BAYONNE NJ 07002 Q Non. ,3CRRf?EOWrDt s. E1rtD.E. RAIfA1O011EiA ` TrnRE ARD EiT. Ro 376 AVE C. BAYONNE NJ 07002 N/A NIA - N7TRCDAUM TL 001RrTT x COOS SL TERiOM "M" -AM- oun AGATE 7R/ . Bayonne Hudson 0901 P.O. J. LEWIS, 215 .4/25/2010. 17:42 17. TVnof rN%n0 7L rsEAPOOFTow Jt. AOptESi Apartment 630 AVE C. BAYONNE NJ 07002 Si MOM Oi1HRri?IOM CO O . a Va-W • mom TEM A WIOi % 90W r&1 7T. CASOR A REO6n1AM"1 U*" A" STATE ¦. 40"L W AIM W OErTTOVATM VALUE a p1O?"D' •"E" s"T ° ^ "' a. aaT1.x w. Avro. c MOOR A ZINS STOLEN PROPERTY a TELEry" Alm t 7ECISt#L SERVICE A TEORRC" Alp AGENCY GA# WCAT7ETt a wros sOOrt71?t a V1CTUMTrMESS t4nrr7w 1 K ROC K EWMI E a Evaglow . • a OnradTRIR . O Yes O No O Yes O No ® NONE 0 ARREST PENDING ;IoUdy/Cold E 0 TELETYPE PENDING 7 CMEAwr W@MAJV LAlr awER111YMARR6 W. HED ? EVIDENCE PENDING `1 f.a E.i '= `131.i Igo V , YVIL ARRtsTEO E AgRT a A46<1 K STITY' f:Rn[ •? frArA DAT Q. E CLIMB 0 0 Active ' ! .OO.ESS OF AGE so RAGE oa R MME' On the above date and time we were dispatched to 376 Ave. C. for a supervised custody exchange of a four year old juvenile, Savannah Correa, between Wilberto Correa- Salcedo and Andrea L. Curtin. Salcedo was walking towards the residence with Savannah when PO Lewis 215 observed her pull back from her Mr . father and ask "Tommy is not going to be home is he?, Mommy said he had work", " I don't want to go with mommy if Tommy is there". Mr. Salcedo stated to us that "Tommy" is her mothers live in boyfriend, Thomas Barber. While making these statements, Savannah was crying and was visibly upset and clearly did not want to go to the " what was wrong?" residence. P.O. Lewis then asked Savannah, with Mr. Salcedo's permission and within his presence, Savannah who was fully in tears and visibly shaking, stated on her own to PO Lewis "Tommy Hits me, and locks me in the Salcedo if he was aware of the situation, and he did acknowledge that there had been a DYFS I asked Mr " . . room investigation on Thomas Barber some time in mid February of 2010 that proved negative. n PAGE n SFv(wIDEY In(b Source: 73 MAWA UM Part an TTfp EWIS, JULIAN PO P215 1 of 2 WOLLEON, JOSEPH SGT. HQ IMNY, ARTHUR PO P244 .,T MEA D/T CER O?SGEMI O'7 AOEusVMrY REpon Date 4/25/2010 Rfvwh s 4 J ?,?•_ ?,4 1/ , - •6justmsrrt Date wig i rrvvH r lulu rHUC ?. 0[?glr71p7 Z. .- w" 7. PHONE MUMK ?. ue¦ r. nosEUlTOR7 us1 s a ee?7 us: r BAYONNEPOLJCE DEPARTMENT 0901 201-858-6900 2010-28696 When Savannah was interviewed by PO Fabbricatore it was determined that the hitting the girl was referring to was some minor slapping to the girls hand in a disciplinary fashion. Based on Savannah's statements and behavior, we notified DYES of the incident. PO J. Lewis spoke with call screener Sakina Williams Agent #1377 at approximately 19:30 hours, who notified us that they would be sending a case worker to the residence to investigate. Detective Caicedo of the Hudson County Sheriffs Office Special Victims Unit was also contacted and stated that he would be waiting for DYFS to contact him after their investigation. AL n N AUM rUff 01 "M =WIS, JULIAN PO P215 IMNY, ARTHUR PO P244 .TU. (?t ? L?I-Szl 1,/,J 11 2 OF 2 WOLLEON, JOSEPH SGT 71 OTA. 0-XI. 0 $".I Ono* Repwf Data: A" m m Date Initials: ouroe A*MMWO 4/2 512 0 1 0 R VERIFICATION I verify that the statements made in this Petition 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: ANDREA L. CURTIN, : IN THE COURT OF COMMON PLEAS Plaintiff : COUNTY, PENNSYLVANIA V. NO. 07-960 WILBERTO CORREA-SALCEDO, CIVIL ACTION - CUSTODY Defendant CERTIFICATE OF SERVICE I, GARY L. KELLEY, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of DEFENDANT"S Petition For Emergency and Expedited Hearing on counsel for PLAINTIFF by facsimile transmission to (717) 243-3639, on the 30TH day of April, 2010, addressed as follows: Christopher Walker Student Attorney The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 GARY L. LEY, E: I.D. #46801 3117 Chestnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant Andrea Curtin, Plaintiff/ Respondent V. Mr. Wilberto Correa-Salcedo, Defendant/ Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ?? IN CUSTODY No. 07- 960 CIVIL TERM''' RELIEF AND EXPEDITED HEARING AND NEW MATTER Plaintiff, Andrea Curtin, by her attorneys, the Family Law Clinic, hereby responds to Defendant's Petition for Emergency Relief as follows: 1. Admitted. 2. Admitted. By way of further answer, Plaintiff's address is 376 Avenue C, Apartment 2, Bayonne, New Jersey 07002 and her last name continues to be correctly spelled Curtin. 3. Admitted. 4. Admitted that Defendant filed a Petition for Special Relief and Expedited hearing in May 2009 and again in February 2010. 5. Admitted that Defendant's May 2009 Petition made such averments. 6. Denied. By way of further answer, the parties subsequently reached a resolution as to custody of the child; however Defendant's Petition was denied by order of court dated June 17, 2009. 7. Admitted in part and denied in part. It is admitted that Defendant filed a Petition for Emergency Relief in February 2010. It is denied that Defendant was forced fTJ E2 C=1 75 c.a h` _,j - rr, :-C to do so, as the averments in such petition were all denied. 8. Admitted. 9. Denied. By way of further answer, the custody conciliation on March 30, 2010 addressed matters that occurred since the date of the February 2010 petition and did not address anything raised in the February 2010 petition. 10. Denied. By way of further answer, the parties agreed that Mr. Barber would not be as active in the custody exchanges; however, Plaintiff was not admonished regarding anything. Mr. Barber's presence at a custody exchange on April 18, 2010 came after Defendant was three hours late to a custody exchange and had exhibited concerning behavior over the phone with Plaintiff. 11. Admitted. 12. This allegation refers to Defendant's counsel's belief and therefore no response is necessary. 13. Admitted. 14. Admitted in part and denied in part. Plaintiffs counsel provided Defendant's counsel Mr. Barber's full name and date of birth, sufficient information to run a criminal background check on Mr. Barber. Plaintiff's counsel has refused to give Defendant's counsel the other information requested as it is not relevant to the custody proceeding at issue. 15. This allegation refers to Defendant's belief and therefore no response is necessary. 16. Plaintiff is without sufficient knowledge to either admit or deny this averment. By way of further answer, Plaintiff denies that Mr. Barber has ever harmed the child, been mean to the child, or locked the child in her room. 17. Denied. 18. Admitted that Defendant called the police on April 25, 2010. By way of further answer, Defendant also called the local police on April 23, 2010 when he showed up to the custody exchange 30 minutes late and Plaintiff was not immediately present. 19. Admitted that a police officer observed the child make that initial statement. The attached exhibit includes additional information, which Defendant has failed to include in this averment, which indicates that Mr. Barber's only physical contact with the child was a slap on the hand in a disciplinary fashion. 20. Admitted. 21. Admitted. 22. Plaintiff is without sufficient knowledge to either admit or deny this averment. Plaintiff did, however, hear the child ask her father to stop calling the police all the time. 23. This averment refers to Defendant's belief and therefore no response is necessary. 24. This averment refers to Defendant's belief and therefore no response is necessary. 25. Denied. 26. Denied. 27. Denied. 28. Plaintiff is without sufficient knowledge to either admit or deny this averment. Plaintiff denies, however, that Mr. Barber has a history of erratic and confrontational conduct. 29. This averment refers to Defendant's belief and therefore no response is necessary. 30. This averment refers to Defendant's counsel's belief and therefore no response is necessary. 31. Denied. 32. Denied. 3 3. Admitted. NEW MATTER - Health and Safety of the Child 34. Paragraphs 1 through 33 are incorporated as if fully set forth herein. 35. Defendant continues to contact local authorities in Bayonne, New Jersey to make reports about Plaintiff and her boyfriend, Mr. Thomas Barber. 36. Neither the local police nor the Division of Youth and Family Services (DYFS) serving Bayonne, New Jersey have ever found any problem in Plaintiff s home or with Plaintiff or Mr. Barber. 37. Defendant's continued unfounded reports to local authorities regarding Plaintiff and the members of her home are causing emotional harm to Plaintiff, the child at issue, and the other children in Plaintiff's home. 38. The child is currently in play therapy with Kristen Luzzi, MA, SPT at the Jersey City Medical Center. 39. Ms. Luzzi has offered for Defendant to be a part of the play therapy so that she would have an opportunity to speak with him; however Defendant did not appear for the scheduled therapy session at which he agreed to be present. 40. Ms. Luzzi has indicated that a psychological evaluation of the parties would be beneficial to her therap with the child. 41. Defendant's current petition is the third such petition in eleven months. The allegations in each petition are substantially similar, with the addition in the current petition of demanding information to which Defendant is not entitled and which has no bearing on the instant case. 42. Even if all of Defendant's allegations are true as set forth in the petitions, they do not rise to the level of an emergency, given the fact that the Bayonne, New Jersey police and DYFS offices have been continually involved and have repeatedly assured the safety of the child. WHEREFORE, Plaintiff requests that this Honorable Court dismiss Defendant's Petition for Emergency Relief, or, in the alternative, schedule this matter for a hearing prior to the next scheduled custodial exchange on May 23, 2010. Plaintiff also requests that this Honorable Court direct that Mother, Father, each paramour, and the child shall submit to psychological evaluations to be completed within 60 days of the date of the order to be conducted by a psychologist chosen jointly by the parties. Date: MEGAU RIESMEYER THOMAS M. PLACE ROBERT E. RAINS ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Answer and New Matter are true and correct to the best of my ability based on telephone conversations with the Plaintiff. Verification is not made by the Plaintiff due to the exigent nature of the underlying Petition and Plaintiff's residence in New Jersey. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Aegan 4-4 . - esmeyer CERTIFICATE OF SERVICE I, Lam Truong, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of an Answer to Defendant's Petition for Emergency Relief and Expedited Hearing and New Matter on the following person by first class U.S. Mail, postage prepaid, this 5th day of May, 2010: Gary Kelley, Esquire 3117 Chestnut Street Camp Hill, PA 17011 c% am Truong Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 r ANDREA L. CURTIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-960 C o 6 WILBERTO CORREA-SALCEDO, CIVIL ACTION -CUSTODY Defendant °D ro ` DEFENDANT'S ANSWER TO NEW MATTER AND NOW, comes the Defendant, Wilberto Correa-Salcedo, by and through his attorney, Gary L. Kelley, and respectfully responds to Plaintiff s New Matter and, in support thereof, avers as follows: 34. Averments I through 33 are incorporated by reference as if set forth more fully herein. 35. Denied as stated. Moreover Defendant specifically denies any implication that the contacts referenced were improper, inappropriate, or without a basis to complain, especially after Plaintiffs paramour again abused the minor child in the presence of the Defendant by literally grabbing and pulling the child away from the Defendant while the child was in his arms. By way of further answer, a police officer was present for the April 25, 2010 exchange between the parties and observed the child's behavior which led to the instant filing. It is unknown which party called the police to observe but it is the undersigned's belief that the officer was called by the Plaintiff. Further, neither Plaintiff nor her counsel offer any explanation regarding the reported observations of the minor child by a trained observer. Specifically, there is no indication that the child's statements were encouraged or coerced. To the contrary, by the officer's report, it appears that the statements by the child were spontaneous and genuine. Additionally, the officer indicated to Defendant that the instant action should be undertaken given the existence of a Pennsylvania Custody Order. If the Plaintiff and her counsel had been more cooperative and r conciliatory, the instant filing may have been averted as Barber would have reduced his roll as directed by the Custody Conciliator. Opposing counsel neglects to inform this Honorable Court that her client withheld the minor child for nearly a year and refused to provide the undersigned any reason for the behavior as she was "under no obligation" to inform the undersigned why her client was withholding the child. Additionally, Plaintiff has routinely filed child abuse complaint against the Plaintiff during the past year in retaliation for some unknown perceived slight and, each of the complaints was determined to be unfounded. A true and correct copy of the officer's police report was attached as Exhibit "A" to the Petition which was filed April 30, 2010. 36. Defendant is unsure what the term "problem" means and, therefore, this averment is denied in its entirety. By way of further answer, the authorities in the locality have entered the equivalent of a "no contact" order against Barber after he again interfered in a custodial exchange with Defendant. The undersigned has previously reported Barber's behavior to opposing counsel with no change in Barber's behavior resulting. A true and correct copy of this document is attached hereto as Exhibit "A." 37. Denied as stated. By way of further answer, Defendant respectfully submits that the aforementioned police report which was attached as Exhibit "A" in the instant Petition indicates otherwise and establishes an official basis for Defendant's concerns. Further, Defendant believes and therefore avers that Plaintiff is providing "adult" information to the minor child regarding this matter in an attempt to alienate her from her father. Otherwise, the minor child would not be aware of the occurrences in this matter. Moreover, Plaintiffs and opposing counsel's refusal to provide information regarding any children of which Barber may be the father and provide any information regarding the custodial status of such children raises concerns in both the Defendant and undersigned. Opposing counsel merely dismisses the requests as irrelevant and states that the undersigned is not entitled to the information. Given many of the averments regarding Barber to date, the undersigned respectfully submits that the information is relevant and could have a bearing on this Honorable Court's outlook on this matter if it is established that Barber has had children removed from his custody for abusive behavior or other reasons. Such information is pertinent and relevant and would provide additional information to aid this Honorable Court in reaching a determination as how to proceed further in this matter. 38. Admitted. By way of further answer, Plaintiff unilaterally placed the child in play therapy without prior discussion or consultation with or authorization by Defendant. Arguably, such conduct is violative of the Custody Order as the parties enjoy shared legal custody and, Plaintiff should have discussed this matter with him prior to unilaterally undertaking the action. 39. Denied as stated. Defendant may have agreed to be present if possible, but he has had car problems and was unable to travel to participate. Defendant is of limited means and the sessions were scheduled in the midst of his work day. 40. Defendant is without sufficient information to determine the truth or falsity of this averment. Hence, it is denied. The undersigned was never provided any information regarding this statement prior to the instant averment by the Plaintiff. 41. Denied as stated. Defendant specifically denies that the Petitions were not of an emergency nature. The initial Petition was filed after Plaintiff denied all contact to Defendant with the minor child for nearly one year and Plaintiff and her counsel refused to address the matter without the filing of a Petition. The undersigned undertook extraordinary efforts to avoid filing a Petition and opposing counsel did not return numerous telephone calls or letters. In fact, the undersigned was informed once that one of the reasons opposing counsel had not returned telephone calls because the undersigned had not requested a return call despite leaving a return telephone number. The second and third Petitions were filed after another episode of Barber's continued interference with and threats upon Defendant. If opposing counsel agrees that all the rancor in this matter is having a detrimental effect upon the minor child, the undersigned respectfully submits that opposing counsel implicitly agrees that this matter is of an emergency nature which requires the intervention of this Honorable Court. 42. Legal conclusion to which no response is required. To the degree that a response is determined to be necessary, Defendant respectfully denies this averment. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an emergency order granting custody of the minor child to Defendant, expeditiously scheduling this matter for a hearing on Defendant's Petition, and dismiss Plaintiffs New Matter. Respectfully submitted, a?lilc Gary L. ell y ID No. 4(804 3117 Ches ut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant EXHIBIT A POLICE CASE NO. 201028696 COUP% -(NAME, ADDRESS, TELEPHONE NO.) BAYONNE CITY 630 AVENUI? "C" BAYONRE NJ 07002 220?01 858-6918 ,VRE N.J. CpZJyipbTODE I1W I COI,IRT Tffffi NUMIER(S) E4E '?§tMtr at ?NebI 1}creq S-2;010-O'OUb14-U`jU1 + PAGE 1 OF 1 Defendant Name I-PHnMA s RARRF.R 376 AV City, SS No. BAYONNE NJ 07002 00-00-0000 00-00-0000 Date of birth Date of arrest Number of co-defendants 000 Dr. Lic.# SBI No. COMPLAINgUMMON S Complainant WILBERTO C SALCEDO Name: of (IDENTIFY DEPARTMENT OR AGENCY REPRESENTED) 1432 BERRY HILL Residing aBAYONNE NJ 07002 Upon oath says that, to the best of (his) (her) knowledge, (ADDRESS OF PRIVATE CITIZEN COMPLAINANT) information and beiief, the named defendant on or about the MUNICIPAL CODE NO 18 day of 04 (92- in_ BAYONNE CITY_ 090 County o11t-Ji)N.J. did; WITHIN THE JURISDICTION OF THIS COURT ENGAGE IN A COURSE OF ALARMING CONDUCT THEAVIICT?I?.MRALOL SORTEOFNNAMES, ANDDGIVENMTHEEPOLICELFALSE REPORTS AGAINSTLMEG THERE IS IS NOT PROBABLE CAUSE FOR ISSUANCE OF THIS COMPLAINT -? P /9- / 10 y _ ?. F7 N-netir wininnrro _ r .nnfiriontial I G. W1. - Charge Number Charge Number Charge Number N.J.S. 2C ; 33-4A ACSX N.J.S. ACSX N.J.S. ACSX Charge Number At Amended Charge Number As Amended Charge Number As Amended N.J.S. ACSX N.J.S. AC N.J.S. ACSX I If a -4 Sub a and sw n to before m It s day of Signed T>. =iyned -C- tcorePLAn+u+n ?- O A W AW TTTLE OF PERSON ) YOU ARE HEREBY SUMMONED TO PEA BEFORE THIS COURT TO ANSWER THIS COMPLAINT, IF MR FOIL TO APPEAR ON THE DATE AND AT THE TIME STATED, A WARRANT WILL BE ISSUED R Y UR ARREST, DATE SUMMONS. U E D 04/2/201 DATE TO APPEAR 05/04 2010 TIME 09;00 AM -r-?rr,?a'mrruF--'TJFRfi --T-?StrI?V??U?3I?JONS^ ------- ------------ _ _ ___----------- F RST COURT ACTION (Where Judgement or Conditional Discharge is Entered) I APPEARANCE CINARGES NO AJRY PLEA DATE OF ADVISED OF RIGHTS AOJUD.G pISC DATE 0t9CHnR4E TERM METHOD OF SERVICE: JAIL TERM FINE COSTS PR TERM SUSP IMP. NUMBER N6 O = 7 7 OTH ER C OURT AC - TION Total DEDR Penal Amount: Total Violent Crimes Assessment Amount: DATE DIBIB"W DOCKVM AS TO Total Lab Fee Conditional Disc. Fee DL. Sus p. Institution to Which Sentenced reoe+te eAUSePROSleevroR GIVE" rRON )OTICE DATE REFEIMTO Community Service ' Restitution JAIL TIME FRDmTDR CREDIT n,.,.wxr vw. - ? NO PHONE OR PERSONAL CONTACT WITH VICTIM 0 hero .1-8 day.Ot 04 2 W. 0 _,,n__. id; THIN THE JURISDICTION OF THI A MANNER TO CAUSE ANNOYANCE E VICTIM ALL SORT OF NAMES, ERE IS IS NOT PROBABLE CAUSE FOR ISSUANCE OF THIS COMPLAINT "I p y /x (O// v I i Violation Of: El Domestic Violence - Confidential Charge Number ` Charge Number i Charge Number N.J.S. 2C; 33-4A ACSX N.J.S. ACSX N.J.S. ACSX Charge Number As Amended Charge Number As Amenaed Charge Number As Amended N.J.S. ACSX N.J.S. AC N.J.S. ACSX ., ., i Sub 7 7and 4*n to before m t s c day of ;igned (NAME AND TITLE OF PERSONA IS N TH) ~yt - (COMPLAINANT) U ARE HEREBY SUMMONED TO PE BEFORE THIS COURT TO ANSWER THIS COMPLAINT, IF U F8IL TO APPEAR ON THE DATE AND AT THE TIME STATED, A WARRANT WILL BE ISSUED TEYSUUMMMONSESTI,UED 04/2/201 DATE TO APPEAR 05/04 2010 TIME 09;0 AM `-?SZGNATURE?PSLTIN?LTMMON? } TT'I`LE"- - __._ -•-- -- -_-_ IRST COURT ACTION (Where Judgement or Conditional Discharge is Entered) IPPEARANCE ? ADVISED OF RIGHTS METHOD OF SERVICE 01I WI "T. r .1DRY PLEA DATE OF AnJuolcATloN OR OND DISCR CgiE cORO niSCRnR4E TERM JAIL TERM FINE COSTS PROBATION TERM $(j$P IMP. IAIeER N6 10 MaER P 0 MISI OTH ER COURT AC TION Total DEDR Penal Amount: Total Violent Crimes Assessment Amount: ATE DEiEMpA DOCIVI11MASTO R R Total Lab Fee Conditional Disc. Fee DL. Sus p. Institutton to which Sentenced PROBABLE cum P 4SEC1ft0 (IREN PISOR hom SATE COU'VOTREFERREDTO Community. Service Restitution JAIL TIME PROSEtX7r01111 CREDIT wra tic Violence; ? NO PHONE OR PERSONAL CONTACT WITH VICTIM ESTRAINTS (SPECIFY] ? NO POSSESSION FIREARMS / WEAPONS Other (SPeottY) (FTA OR BAIL) INFORMATION ? BAIL FORM ATTACHED lTE AMOUNT HAIL SET RE4 ON RAIL R • O • R COMMITTED COMMITTED PLACE COMAfTTED DEFAULT WITHOUT BAIL 1 2 J i JRETY COMPANY . PERSON POSTINO OWL • RELEASED IN UDJ I W T Dr . AU-C0. PROSECUTING ATTORNEY AND DEFENSE COUNSEL INFORMATION MUNICIPAL CODE NO AYONNE CITY 0901 County oI I.J. S COURT ENGAGE IN A COURSE OF ALARMING CONDUCT AND ALARM SPECIFICALLY BY CURSING AND CALLING AND GIVEN THE POLICE FALSE REPORTS AGAINST ME MISCELLANEOUS INFORMATION iet Compardon COR numbers (lnldudinq CO-Aelendants)_ +"I NJ / CDR (304) r. ; j,w y 1 I ?t IX `t F ; . 7 1 IT. i 3 _ r? x R ANDREA L. CURTIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-960 WILBERTO CORREA-SALCEDO, CIVIL ACTION -CUSTODY Defendant CERTIFICATE OF SERVICE I, GARY L. KELLEY, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of DEFENDANT'S ANSWER TO NEW MATTER on counsel for PLAINTIFF by facsimile transmission to (717) 243-3639, on the 18TH day of May, 2010, addressed as follows: Megan Riesmeyer Supervising Attorney The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 G R L. KELLEY, sq i J6801 hestnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant a AUG 18 ZULU ANDREA L. CURTIN Plaintiff V. WILBERTO C. SALCEDO Defendant Prior Judge: Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-960 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this 20' day of August 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: C?1. All previous Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Wilberto Correa-Salcedo, and the Mother, Andrea Curtin, shall have shared legal custody of Savanna Correa, born 12/08/2005. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall share physical custody of the Child pursuant to the following schedule: a. During the school year, Father shall have alternating weekends from 5:00 pm Friday until 6:00 pm Sunday. Father shall have a make-up weekend following Easter 2010 (three weekends in a row). b. During the summer, Father shall have custody during the second and third weeks of July and August beginning on the second Friday of the month at 5:00 pm and ending on the fourth Sunday of the month at 6:00 pm. c. Father shall have custody for a seven day period beginning on the Sunday following the Child's last day in June. (In light of the fact that the Child's educational program for 2010 ends at the end of June, this essentially means that Father will be having three weeks of custody in the month of July 2010. Once the Child begins regular school, Father shall have one week in the month of June 2011 pursuant to the first sentence of this sub- paragraph). Street and Avenue d. The custody exchanges shall occur at the corner of 16th C in Bayonne, N.J. absent agreement otherwise. e. Mother has agreed to not, and shall not, have Mother's paramour be present for the custody exchanges. f. Father shall be permitted to exercise additional periods of partial custody as mutually agreed by the parties. 4. Holidays: The parties shall adhere to the attached holiday schedule unless otherwise mutually agreed upon. The holiday schedule takes precedence over the regular custodial schedule. 5. Passport: Both parents have agreed to, and shall, cooperate to have the Child issued a passport. Both parents have agreed to, and shall be allowed to, Mother to go on a cruise to Bermuda in 2011 and for Father to visit relatives in Puerto Rico. It is understood that the destination for each parent for their respective trips may change; in said event of a change in destination, each party shall notify the other at least 45 days in advance of the requested trip. 6. Father shall contact Mother one week prior to his stated periods of partial custody to confirm that he will be exercising partial custody of the Child during these stated periods. 7. Mother and Father shall not leave the Child in the care of anyone that is not a responsible adult. Furthermore, each parent shall, to the extent possible, endeavor to have either the parents, or family members, care for the subject Child when the Child is in their respective custody. 8. Both parents shall provide the names and addresses of the Child's treating professionals and give adequate advance notice of any scheduled appointments. 9. Mother and Father shall not take the Child out of New Jersey or Pennsylvania with out prior permission from the other parent. 10. Unless Mother and Father mutually agree otherwise, the custody exchanges will occur at the corner of 16th Street and Avenue C in Bayonne, NJ. 11. Mother and Father shall agree upon drop off and pick up times and dates that are not already specified in this agreement. 12. Mother and Father shall notify each other of all medical care the Child receives while in that parent's care. Mother and Father shall notify the other immediately of medical emergencies which arise while the Child is in that parent's care. 13. Neither parent will do anything which may estrange the Child from the other parent, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 14. Mother and Father shall communicate with one another in a respectful manner for all issues regarding the Child. 15. The non-custodial parent shall be permitted telephone contact with the Child at 7:00 pm every evening. 16. Mother has agreed to, and shall to the extent possible, assist Father in regard to the transportation costs for the custody exchanges. 17. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Cc: 3T Family Law Clinic, Alice Richards Kelley, Esq., 3117 Chestnut St., Camp Hill, PA 17011 ohn J. Mangan, Esquire ? CC> :),;as TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Thanksgiving From Wednesday at 6:00 pm until Father Mother Friday 10.00 am Christmas From 6:00 pm 12/23 until 12/25 at Father Father 10:00 am New Year's From 10:00 am 12/31 until 6:00 m Father Mother BY THE COURT, Eve/Day 01/01 (with the 12/31 year to control the even/odd determination) Break following In years that Mother has the New New Year's Year's holiday, Father has custody from 01 /02 at 10 am until the day before school starts at 6 m Mother's Day From 5 pm Friday before the holiday Mother Mother until Sunday 6 pm Father's Day From 5 pm Friday before the holiday Father Father until Sunday 6 pm ANDREA L. CURTIN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-960 Civil Term WILBERTO C. SALCEDO Defendant : ACTION IN CUSTODY Prior Judge: Kevin A. Hess, P.J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Savanna Correa 12/8/05 Primary Mother 2. A Conciliation Conference update was held on March 9, 2007, an Order issued September 11, 2007, a hearing was held and an Order of Court issued November 21, 2007, an agreement was filed November 25, 2008, a conciliation conference was held July 31, 2009, an Order was issued August 04, 2009, an Order was issued pursuant to agreement on October 29, 200, a conference was held March 30, 2010, an Order issued April 2010, an Order issued June 16, 2010 and a conciliation conference was held July 22, 2010 with the following individuals participating: The Father, Wilberto Correa Salcedo, with his counsel, Gary Kelley, Esquire The Mother, Andrea L. Curtin, with her counsel, The Family Law Clinic, Robert Raines, Esquire and Alice Richards. 3. The parties agreed to the entry of an Order as attached. Date: / G John/. ngan, Esquire Cus od Conciliator Andrea Curtin , IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION-LAW DIVORCE Mr. Wilberto Correa-Salcedo, Defendant NO.07 - 960 CIVIL TERM CERTIFICATE OF SERVICE I, Christopher Walker ,Certified Legal Intern, Family Law Clinic, hereby certify that I served atime-stamped copy of Plaintiff's Motion for Determination of Inconvenient Forum, Gary L. Kelley, by facsimile transmission to (717) 612-1761 and by depositing a copy of the same in the United States first class mail, postage prepaid addressed to Gary L. Kelley, Law Offices of Gary L. Kelley, 3117 Chestnut Street Camp Hill, PA 17011, on Sept mbe 29 2010. -,~ w ~ •, Christoph r Walker Certified Legal Intern ~ ~,, ~ ~;.; ~~ c~ rr n ~ i~r z ,~ ..~, ~ { , ^--~ ._w .,.~~.~ f,..,. CJ) ~ ; ~3 ~---.r;_ ~ Ci -. ~" C'3 ~ . t~ aj ~~ -~' ~ ~ ~~~ r- -~-f i'fi 7 _.,~ ~:r, .-,° ANDREA CURTIN, Plaintiff/Petitioner vs. WILBERTO CORREA-SALCEDO Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-0960 CIVIL IN RE: PLAINTIFF' S MOTION FOR DETERMINATION OF INCONVENIENT FORUM RULE TO SHOW CAUSE AND NOW, this ~' day of October, 2010, upon consideration of the foregoing petition, it is hereby ordered and decreed as follows: 1. A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; 4. argument is set for November 12, 2010, at 9:15 a.m. in Courtroom Number 4; and 5. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, c ~N O // ,o ~~ ~...... ~..~ 4.:.:3 ~'~ t~ °{ %' - ~ ~ t ~ I a ~ -~ ~~ . O'"i~ ' ~r.., ~ --r ~ 5,,..J ~ i.7 1 .... . --~, -~ c-, k . ~ ,. _ ~~- ~~ =: ~ ~. ° ~ _, Ms. Andrea Curtin, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Mr. Wilberto Correa, Defendant : NO. 07 - 960 CIVIL TERM ?D CERTIFICATE OF SERVICE = = c c r I, Christopher Walker, Certified Legal Intern, Family Law Clinic, hereby certify--that"t served a time-stamped copy of Rule to Show Cause Order on Gary L. Kelley, Esq, by facsimile transmission to (717) 612-1761 and by depositing a copy of the same in the United States first class mail, postage prepaid addressed to Gary L. Kelley, Esq, Law Offices of Gary L. Kelley, Esq 3117 Chestnut Street Camp Hill, PA 17011, on Octobe 11, 2010. Christopher Walker Certified Le al Intern Anne Mac - ox, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 F1` ~.f ;E. °° THE ~~~~~TAF;Y 1010 C` r~~ t.,:06 CUh~3~ . ~r,tf~~iY E~~, ~, At L~ i"ed ANDREA L. CURTIN, IN THE COURT O COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA v. NO. 07-960 W ILBERTO CORREA-SALCEDO, CIVIL ACTION -CUSTODY Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR DETERMINATION OF INCONVENIENT FORUM PURSUANT TO PAC.S. SECTION 5427 AND NOW comes the Defendant, Wilberto Correa-Salcedo (father), by and through his attorney, Gary L. Kelley, and respectfully responds to Plaintiffs Motion as follows, and, in support therein, avers the following: 1. Admitted. By way of further answer, Plaintiff resides with her paramour who has a criminal record for theft and unauthorized use of a credit/bank card. It is believed and therefore averred that at least some of these crimes were committed by Plaintiffs paramour against her. 2. Admitted. 3. Admitted that Savannah Correa, DOB 12/8/05, is the natural child of the parties. The remainder of this averment is denied as stated. By way of further answer, the minor child resides with her father in Pennsylvania during his periods of alternating physical custody when the Plaintiff otherwise does not wrongfully withhold the child from him or go to great lengths to otherwise impend and discourage him from exercising his periods of alternating physical custody. More recently, Plaintiff withheld the child from her father in early 2009 for a period of over ninety (90) days. As a result, the father was forced to seek the assistance of this Honorable before Plaintiff would allow him to regularly see his daughter. 4. Denied as stated. While Plaintiff may have begun custody proceedings in February 2007, Plaintiff neglects to inform this Honorable Court that she had abandoned the child and left her in the custody and care of the father, Mr. Salcedo, for approximately one (1) year. During this period of time, Plaintiff had little to no contact with the minor child and offered no assistance to him for her care and custody. In fact, father provided all support for the minor child and never filed a support complaint seeking support for the minor child. After not having heard from Plaintiff for an extended period of time, naturally, the father was concerned that Plaintiff would secret the child out of the area and her would never see the child again when she demanded that he return the child to her with no conditions after she had been absent from the minor child's life for approximately (1) year. 5. Denied as stated. See response to Averment 4. Moreover, given her lengthy absence, father is unsure precisely where mother was resided at the time she filed as well as who was residing at the residence with her as well. 6. Denied. By way of further answer, Plaintiffs paramour, Thomas Barber, resides at this address as well. Father believes that mother intentionally neglected to inform this Honorable Court of this fact as the child has a poor relationship with Barber and frequently is frightened by him as was evidenced by a police report which was attached as an exhibit in a prior pleading. The minor child resides with her father in Pennsylvania during his periods of alternating physical custody and has a large number of her extended family living in the immediate area as well as the physician which treated her during her residence in the immediate area. 7. Denied. By way of further answer, father resides at 1816 North Street, Harrisburg, Pennsylvania 17103 and has provided this address to mother when he informed her of the address of his residence. S. Denied as stated. By way of further answer, the minor child resides with her father in the immediate area during father's periods of alternating physical custody. Further, father believes that this is not the original address at which mother resided when she initially moved to New Jersey. Father believes that mother has lived at least at two other addresses in New Jersey during this same period. 9. As mother has failed to identify which specific court would assume jurisdiction of this matter, father is without sufficient knowledge to determine the truth or falsity of this averment. Hence, it is denied. By way of further answer, were this matter transferred to the Court of Common Pleas of Dauphin County, the distance between this Honorable Court and the Court of Common Pleas of Dauphin County is approximately thirty (30) miles. 10. Denied as stated. Evidence to resolve the continuing litigation is also available in the immediate area, including, but not limited to, Children and Youth Reports and medical records. 11. Denied as stated. There are also additional witnesses residing in the immediate area as well who will be necessary to resolve the continuing litigation. 12. Denied as stated. By way of further answer, there are witnesses and documentary evidence readily available in the immediate area and the Court of Common Pleas could expeditiously hear this matter if it were transferred to Dauphin County as previously set forth herein. 13. The father is unsure of what mother means by the term "regularly." Hence, this averment is denied. By way of further answer, father attempts to abide by the schedule of alternating physical custody as this Honorable Court has previously set forth. However, mother has consistently violated the terms of this Honorable Court's Order by refusing father to spend his periods of alternating physical custody with the minor child and sporadically imposing a new and/or different schedule upon father, essentially telling father "this is the only time you may see your child." 14. Denied as stated. 15. Conclusion of law to which no response is necessary. To the degree that a response is warranted, this averment is denied. 16. Admitted. 17. Denied as stated. While opposing counsel may have called the undersigned, he did not leave a specific message regarding the reason for the call nor did he send a letter by regular mail or facsimile transmission. Opposing counsel's efforts were not in keeping with the spirit and/or the letter of the Local Rule to which he referred. The undersigned immediately returned opposing counsel's calls only to be informed that he was not in the office. The first time the undersigned learned of the request is when he received a copy of the instant Motion via facsimile transmission. WHEREFORE, based upon all of the foregoing, father respectfully requests that this Honorable Court deny Plaintiffs request. NEW MATTER MOTION TO TRANSFER CASE TO COURT OF COMMON PLEAS OF DAUPHIN COUNTY 18. Averments 1 through 17 are incorporated by reference as if set forth more fully herein. 19. The parties are the natural parents of Savannah Correa, date of birth December 8, 2005. 20. Proceedings in the instant matter have been active at least since February 2007 in Cumberland County. 21. In August 2008, Plaintiff decided to relocate to New Jersey and the parties entered into an agreement for custody. 22. Since that time, father has been forced to resort to this Honorable Court on numerous occasions in order to restore the then status uc,~o and to insure that he would be able to see the minor child. 23. In early 2009, Plaintiff withheld the child from her father for a period exceeding ninety (90) days and, as a result, the father was forced to seek the assistance of this Honorable before Plaintiff would allow him to regularly see his daughter. 24. Father has been forced to return to this Honorable Court on at least one (1) other occasion because the minor child was afraid to return home and complained that Plaintiffs paramour was hurting her. 25. Since 2009, Plaintiffs paramour has constantly interfered in the father/daughter relationship and has denigrated father in the presence of the minor child. 26. The paramour's behavior has risen to the level that father has been forced to seek police intervention. 27. Plaintiffs paramour's behavior has risen to the level that Plaintiff and paramour have been warned regarding the paramour's constant interference. 28. The minor child has significant contacts to the Dauphin County and surrounding area as she spent approximately one half of her life in the immediate area. 29. Father has been forced to travel a significant distance and expend significant sums to maintain a relationship with his daughter as Plaintiff has refused to contribute to the costs of father's travel. 30. Plaintiff has regularly filed false reports of abuse with the Dauphin County Department of Children and Youth. 31. The minor child was baptized at St. Mary's Catholic Church in Dauphin County. 32. The minor child has an extensive extended family in Dauphin County including three (3) aunts, nine (9) cousins and thirteen (13) other various family members who maintain a close relationship with the minor child. 33. Dauphin County Children and Youth reports are readily available in Dauphin County. 34. Medical records from the minor child's family physician are readily available in Dauphin County. 35. Significant witnesses and other documentary evidence are readily available in Dauphin County. 36. Without the intervention of this Honorable Court by transferring this matter to Dauphin County, Plaintiff, as has been exhibited by her past behaviors, will go to great lengths to sever and/or harm the father-daughter relationship 37. Consistent to the allegations contained herein, Dauphin County is an appropriate forum in this matter. 38. It is in the best interests of the minor child that this Honorable Court transfer this matter to Dauphin County. WHEREFORE, Defendant respectfully requests that this Honorable Court transfer this matter to the Dauphin County Court of Common Pleas. Respectfully submitted, Gary elley " ID 801 3117 estnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant ANDREA L. CURTIN, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-960 WILBERTO CORREA-SALCEDO, CIVIL ACTION -CUSTODY Defendant CERTIFICATE OF SERVICE I, GARY L. KELLEY, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of DEFENDANT"S ANSWER TO PLAINTIFF'S MOTION FOR DETERMINATION OF INCONVENIENT FORUM PURSUANT TO PAC.S. SECTION 5427 with NEW MATTER on counsel for PLAINTIFF by facsimile transmission to (717) 243-3639, on the 22nd day of October, 2010, addressed as follows: Christopher Walker Student Attorney The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 3117 Chestnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney For Defendant ry elley A ey ID Number 46801 VERIFICATION I 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. ro ~ b u~ccd• jzL/G ANDREA L. CURTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-960 CIVIL WILBERTO CORREA-SALCEDO, Defendant IN RE: PLAINTIFF'S MOTION FOR DETERMINATION OF INCONVENIENT FORUM ORDER AND NOW, this /Z * day of November, 2010, following argument thereon, the motion of the plaintiff for determination of inconvenient forum is DENIED. Christopher Walker Certified Legal Intern For the Plaintiff ? Gary Kelley, Esquire For the Defendant Copy e6 Aw I ed ) t IIA110 :rlm ac N 7 p BY THE COURT,