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Home My WebLink About98-00888 i [ ~ ~ I \t j ~: I ~I ~ ~ ~ ~ ~ ~ ~ I I i '! I J ej l"" , ~I ......... ) ,II :---1 I ..i i '~ .1 U\ J o.l 0.' .J ~i 1 ,'I ~ ~ ~ , , /WR 1 7 2000tfi VIRGINIA J. DIXON, Plainti IT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA v CIVIL ACTION - LAW CARL R, MALA VENDA, Defendant NO, 98-888 CIVIL IN CUSTODY COlJRT ORDER AND NOW, this _-l-'1 t~ day of April, 2000, upon consideration of the attached Custody Conciliation Report, it is ordcred und directcd as follows: 1. The Mother, Virginia 1. Dixon, and thc Fathcr. Carl R. Malavcnda, shall cnjoy sharcd Icgal custody of Angalcna Maria Malavcnda, bom April 25, 1994, 2, Thc Mothcr shall el~oy primary physical custody of the minor child. 3. Thc Father shall enjoy periods of physical custody of the minor child as follows: A. During the s(:hool ycar. evcry Tll\~sday from aftcr sehool lIntil the next morning when the Father shall deliver the child to sehool. B, During the school ycar, on alternating wcekcnds from Friday at approximately 2:00 p.m, until Monday morning when he shall delivcr the ehild to school. C. In the summer whcnthe child is not in school. the Father shall have custody of the minor child cvcry Tucsday from 4:00 p,m. until Wcdncsday morning at 9:00 a,m., arid cvcry Thursday at 4:00 p.m. until Monday morning at 9:00 a.m. 4, Father shall have an additional pcriod of two wccks summcr vacation with thc child during the summcr months. Thesc weeks shall not he eonscclltivc suhjcct, howcvcr, to flcxihility of the parties if the Fathcr's trip excecds scvcn (7) days, Mother shall also be ufl(,rded the opportunity to take a vacation with the minor child along timclincs similar to what Father has, The partics shall notify cach other well in advance as to whcn they intend to l'xcrcise sllmmcr vacation. 5, Thc partics shall share or altcmatc othcr ml\ior holidays as thcy agrce sllhjeet to thcir work schedulcs and othcr issucs. The same shall apply to thc child's birthday, Thc Mother shall always havc custody on Mothcrs Day and thc Father shall alwuys havc custody on Fathcr's Day. This provision slIpcrccdcs uny othcr custody provision, VIRGINIA .I, DIXON, Plaintlrr IN TilE COURT (W COMMON PLI':AS OF Cl IMBERI.AND ('()lINTY, PI':NNSYI ,v ANIA v CIVIL ACTION - LAW CARL R. MALA VENDA, DeremJant NO. 9K .. KKK CIVil, IN CUSTODY 1'1'101' Judge: .I. Wesley Oler, .II'. ('()NJJUA!JDN ('()NJLl~EN('JiJi\JMM~R Y_KL1'Q1U IN ACCORDANCI': WITII Till' ClIMLlERI.ANIl COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(0), the undersigned Custody Conciliator suomits the Illl10wing report: I, The peliinent inllmnation pel1aining 10 the child who is thc suo,iect or this litigation is as lollows: Angalina Marie Mala\enda, o(1I'n April 25, 1994, 2, A Conciliation ('onlcrenee was held on August 9, 200 I. with lhe Il1110wlng individuals In lI11endanee: The Mother, Virginia .I. D!.xon, with her cOllnsel, p, Richard Wagner, Esquire who was appearing till' his partner William T. Tuly: and the Falher, Carl R, Malavenda, who lIppeared without counscl. 3. There is a custody ordcr the partics agrecd to in April 20()(). Therc arc a numoer or issues at this partielllar time with respect to Mothcr's desires to modil}' the order and a dispute between the parties as to whether 01' not the existing order had a typo with respect to custody during the summer in Paragraph 3(', Thc COIl(:iliator is impressed hy the !llet that the parties arc unaole to conllnunicate with each other and appear to not he ahle to agree on almost anything \l'lIh respect to their child. AWlr.lingly, Ilw parties were unable toreaeh un agreement at the conciliation conlcrem:e and a hearing in this ease is necessary. 4, The Conciliator did not need to address the issue or wheth(~r Paragraph 3C was a typo as il relates to the remainder or the summer oeeause the pmiies had already r(,achcd an agreement with respeclto Mother taking the minor child Il1r vacation resulting in the Futher having the lust weekend hell.\re school sturts. The conciliutor's view with respect to Parugruph 3C is that there may hu\e been u typographicul errol', but this needs to oe resolved wilh respect 10 whut the parties actually did with custody and an analysis or the amollnt or time the Falher is amlrded in conjunction with Paragraph 4 which appeared to contemplate thaI Ihe Father would have overnights approximately 40'X, or the time. ;;,'1 ~<~r"" 15~ t~'n I ~ ..p ':, 11111"'" " ' "" ,_;;,,',,"A ," " ' ""-,,,- ,,", ' , f',";""; i;";:! . ft,I:>' "","i""'" "" VIRGINIA J, DIXON, Plaintiff IN THE COURT 0 go COMMON l?LEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO, 98-888 CIVIL CARL R, MALAVENDA, Defendant IN CUSTODY NOTICE AND ORDER TO APl?EAR Legal proceedings have been brought against you alleging that you have willfully disobeyed an order of court for custody. If you wish to defend aqainst the claim set forth in the following pages, you may but are not required to file in writing with the court your defensps of objections, Whether or not you file in writing with the court your defAn,'nc ,-,r nh'iections, YOLl must ;maear in person in court on /YJLrl1dtul '71OVe.~ ~ (n~1 at <2: (!JO __._ P_.M, in Courtroom _J..~!j Cumherland COlll1t.7 CourthoLlse; Hiqh and Hanover Streets, Carlisle, Pennsy:t.vania, IF YOU DO NOT APl?EAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If t.he court finds that you have wilfully failed to comply "Iit.h it.s oreler for cusLody, you may be fOllnd to be in contempt of court and commit Led to jail, fined or both, YOU SHOULD TAKE: TH I S PAPER 1'0 YOUR LAWYE:R AT ONCE. I F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P1-\ 17013 (717) 249-3166 1-800-990-9108 S 2.~-1 2..0-/ Oat. ,y ;"?,,0~? (.)-'l-' ,'I ~ A'fiLIY,~~ '71rrzf-L~:.d 11,n!iJ/ A..e.., VIRGINIA J. DIXON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA i L I' , I" .' , I';' ,I " l~ lli l V, NO, 9B-BBB CIVIL CARL R, MALAVENDA, Defendant IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW comes the deEendant, Carl R, Malavenda, by and through his attorney, Thomas D, Gould, and files this petition based on the following: 1. 'fhat on April 19,. 2000, Judge J, Wesley Oler, Jr. issued a Court Order awarding Mother and Father shared legal custody. 2. The order fllrther provided that Mother would enjoy primary physical custody of Angalena Maria Malavenda, subject to Fathers specific periods of partial custody. 3. The court order grant.ed father, in the summer when the child is not in school, every Tuesday from 4:00 'p.m. until Wednesday morning at 9:00 a.m. and every Thursday from 4:00 p.m. until 9:00 a.m. Monday morning. See Order paragraphs 3B and 3C. 4. Mother willfully violated the court order by refusing Father is right t.o his child each Thursday through Monday. 6, The petitioner has had several eonc~rns regarding the current custody schedule, including but not limited to the following: a, The 24-hour notice of intent to exercise custody is being abused by Respondent in that he has excrcised custpdy wIthout the proper notice thus causing confusion with exchange times on numerous occasions. b, The current schedule calls for numerous exchanges betwcen the parties which continues to result in conflict between the parties which creates a negative environment for the parties child, 7, The Plaintiff, Virginia J. Dixon believes and therefore avers that it is in the best interest of the child that the custody schedule bc modified to limit the number of exchanges between the parties while attempting to keep the actual percentage of custody time enjoyed by the respective parties the same as llnder thc current COlllt order, WHEREFORE, the Plaintiff, Virginia J, Dixon, respectfully requests that the custody scheduled be modified as suggested above. Respectfully submitted, J M,KNIGHT & HUGIIES By K -S:-yz... Mark D. Schwartz, Esquire 60 West POl11fret Street Carlisle, P A 17013 717-249-2353 Supreme COUlt 1.0. # 70216 Dated~,Il\I.'-\ \, ,2000 Attorney for thc Plaintiff Virginia J, Dixon '" ">. -'" ~ (I; 0 " '5~ ~~; M UJ. " 051 !');;j :c.: O~' II :i" 0.. >\ (j i ~ -.' .;)$! .,' f ' '~* f:J' . [~ . l.j(i: 1'''' z :IJrt! " . "'t I" -') ~ <.l- e B,j u Q 5, Since the date of separation, the petitioner has had primary physical custody of the minor child, and the respondent has had periods of temporary physical custody as the parties mutually Rgreed, 6, The petitioner believes and therefore avers that it is within the best interest of the child that a consistent schedule be established whereby the petitioner will continue to have primary physical custody of the minor child, with periods of partial physical custody to the respondent on a regular schedule, WHEREFORE, the petitioner respectfully requests that she be granted primary physical custody with periods of partial physical custody to the respondent on a regular basis, Respectfully submitted, Date: February 1. 1998 IRWIN, McKNIGHT & HUGHES BY~CbQ ;; Rebecca R. Hughes, Es 60 West Pomfret Street Carlisle, P A 17013 717-249-2353 Supreme Court 1.0, No: 67212 Attorney for the petitioner, Virginia J, Malavenda .... -" t"~ ,.... .:':!I " . VERI FICA TION The foregoing Petition is based llpon information which has been gathered by my counsel and myself in the preparation of this action, I have read the statements made in this Petition and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C,S.A. Section 4904, relating to unsworn falsification to authorities. JI/1~I~ iJrJP-nv, -frl&u~ IRGIN<< JOANN MALA VENDA Date: C:;,- '/ ,1998 VIRGINIA J. MALA VENI>A, Pctitloncr - : IN Tim COURT OF COMMON PLEAS m' : CIJMBERLANI> COUNTY, PENNSYLV ANIA v. CIVIL ACTION - LA W / NO. 9R-1I1111 CIVIL TERM / NO.911-1124 CARL R. MALA VENDA, Rcspondcnt ORDER OF COURT AND NOW, this "2~~~day of __..:;'" l~.-, 1998, upon prcsentntion nnd consideration of the attaohed stipulation find ngrcemcnt and upon agrcement of the parties, it is hereby ordered and deerecd that the attached agrccment is made nn Order ofC'ouI1, BY 1'IIE COURT, ') JiL~ea 2. The mother shall have primary physical custody of the minor child with periods of partiul physical custody to tllthcr as t(lllows: a. from 4:00 p,m, on Tucsday untiI9:()O a,tn, on Wcdncsday; b, fi'om 4:00 p,m. on Thursday until 9:00 a.m, on Friday; e. evelY othcl' Saturday from 9:00 a,m. until Sunday at 12:30 p.m,; d, Evcry Sunday following mothcr's Saturday fi'om 12:30 p,m. through Monday at 9;00 a.m.; 3, Whcn cithcr party has custody of thc minor child and is working, then thc noncustodial parent shall have thc opportllnity to cxcl'cisc custody if availablc, providing that the noncustodial parcnt providcs to thc custodial parcnt 24 hours noticc of intcnt to cxercise such custody. 4. The parties shall altcl'l1atc thc following holidays: Ncw Ycars Evc, New Years Day, Easter, Memoriul Day, Fourth OfJllly, Labor Day und Thunksgiving. 5. Both purtics shall cxcrcise custody on Christmas Day on an altcmuting schedule whereby onc of the parents woult havc thc minor child beginning 12 :00 p,m. on Decembcr 24 through 12:00 p.m, Dcccmber 25, The othcr pmcn! would have thc child bcginning 12:00 p.m. on Deccmbcr 25 through 12;00 p,m, on Dcccmbcr 26, 6. Euch party would havc two (2) non-conseelltive scvcn day periods of unintcrruptcd cllstody cach ycar, and shall givc thc othcr party two (2) weeks notice of the vucation timc. 7, Thc purties shall sharc tt'llllsportutioll ofthc minor child, 6, Since the parties entcred into suid agreement, several problems have occurred whieh affects the well-being of the minor child, 7, Petitioner believes and therel(lre avcrs that the best interests of the minor child require thut the ellrrent custody agreement be modi tied whereby the respondent's periods of temporary physical cllstody be changed to cvcry other weekend, WHEREFORE. the petitioner respectfully requests that she be granted primary physical custody with periods of partial physical custody to the respondent every other weekend, Respectfully submitted, IRWIN, McKNIGHT & HUGHES r- By: Rebecca R, Hughes, Esquire 60 West Pomlret Street Carlisle, P A 17013 717-249-2353 Supremo Court 1.0, No: 67212 Attorney for the pe(itioner, Virginia J, Malavenda Date: March _~.I 998 VIRGINIA J. MALA VENDA, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, Pt:NNSYLV ANIA v. CIVIL ACTION. LA W NO. 9R- RRR CIVIL TERM CARL R. MALA VENDA, Respondent IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into thi,Jc!ctay OrJ,~,-', 1998, by and between VIRGINIA J. MALAVENDA (hereinafter referred to as "mother") and' ;~ I CARL R. MALA VENDA (hereinafter referred to as "father"), NOW THIS AGREEMENT WITNESSETlI TIIA T: , ..-J " ,'! , . . '-1-\ " : ! 1 ..j I;", " WHEREAS. the Father and Mother are the natural parents of one child, namely, Ang>llena Marie Malavenda, born April 25, 1994; and WHEREAS, the Mother und Father havc separated and wish to enter into an agreement relative to the clJstody and partial ellstody of the child, NOW, THEREFORE, in consideration of thc mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: I, The parties shall havc joint legal custody of the child. 2, The mother shall havc primary physical cllstody of thc minor child with periods of partial physical custody to father as follows: a. from 4:00 p,m. on Tllcsduy until 9:00 u.m, on Wednesday; b. from 4:()O p.m, on Thllrsday until 9:00 a,m, on Friday: c. every other Satllrday from 9:00 a.m. until Sunday at 12:30 p.m.; d. Every Sunday following mother's Saturday from 12:30 p.m, through Mondav at 9:00 a.m.; 3. When either party has custody of the minor child and is working, then the noncustodial parent shall have the opportllnity to exercise custody if available, providing that the noncustodial parent provides to the custodial parent 24 hours notice of intent to exercise such custody. 4. The parties shall alternate the following holidays: New Years Eve, New Yeurs Day, Easter, Memorial Day, Fourth of July, Labor Day und Thanksgiving, 5, Both parties shall exercise custody on Christmas Day on an alternating schedule whereby one of the parents would have thc minor child beginning 12:00 p.m. on December 24 through 12:00 p.m. December 25, The other parent wOllld have the child beginning 12:00 p.m. on December 25 through 12:00 p.m, on December 26. 6, Each party would havc two (2) non-consecutive seven day periods of uninterrupted cllstody each year, and shall give the other party two (2) weeks notice of the vacation time, 7, The pmtics shall share transportation of the minor child. , n' t."'- iI. ~ , , ,.-~ ~';~ , , I \ -f! , , . . , I -; rl ( .~ " '." ~' ~-" h I , " '! ,,' 1 , \ " ., ", I' Ib , !J;~/-, l'. .'1<, , ,i '. \ , ,:~, , ~iff,,~ .- 'jf>. ~I, .f' ". ,. .. .' " 7. On Tuesday, June 22, 1999, Pctitioner, Carl Malavenda, contacted Ms. Dixon to reiterate the he would pick up the child on Saturday, Jllnc 26. 1999 in the early aftcrnoon. 8. On Friday, June 25, 1999, Petitioner again contactcd Ms. Dixon in order to speak with the child and to again indicate that he would arrive to pick up the child early Saturday afternoon. 9. Mr, Malavenda was told by Ms. Dixon that she was leaving for the shore and was taking the child with her 10, Mr, Malavenda returned early Saturday morning and was denied the ability to exercise his visitation rights 11. Such actions by Ms. Dixon constitute a direct contempt to the existing custody order. WHEREFORE Petitioner Carl Malavenda respectfully requests this court to find Ms, Dixon in contempt of court, and provide such sanctions as the court deems appropriate. Respectfully Submitted, , rt .~ . i... ,>!/ir(/ // Micl;;e~ /~kos / / Attorney 1.0.58805 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 C) ','-oJ (....) VIRGINIA J. MALA VENDA, Petitioner .. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA , . . v. CIVIL ACTION . LAW NO. 98. 888 CIVIL TERM CARL R. MALA VENDA, Respondent IN CUSTODY STIPULA TION AND A GREEME!!I. THIS STIPULATION AND AGREEMENT entered into thiS~ay of ~. 1998, by and between VIRGINIA J. MALA VENDA (hereinafter referred to as "mother") and CARL R. MALA VENDA (hereinafter referred to as "father"). NOW THIS AGREE,UENT WITNESSETH THAT: WHEREAS, the Father and Mother are the natural parents of one child, namely, Angalena Marie Malavenda. born April 25. 1994; and WHEREAS, the Mother and Father have separated and wish to enter into an agreement relative to the custody and partial custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as . follows: I. The parties shall have joint legal custody of the child. . . 2. The mother shall have primary physical custody of the minor child with periods of partial phys{cul custody to fath"er as follows: I ;~I a. from 4:00 p.m. on Tuesday until 9:00 a.m. on Wednesday; b. from 4:00 p.m. on Thursday until 9:00 a.m. on Friday; c. every other Saturday from 9:00 a.m. until Sunday at 12:30 p.m.; d. Every Sunday following mother's Saturday from 12:30 p.m. through Monday at 9:00 a.m.; 3. When either party has custody of the minor child and is working, then the noncustodial parent ~!Jall have the opporrunity to e)(ercise custody if available. providing that the noncustodial parent provides to the custodial parent 24 hours notice of intent to exercise such custody. 4. The parties shall altemate the following holidays: New Years Eve. New Years Day, Easter. Memorial Day, Fourth of July. Labor Day and Thanksgiving. 5. Both parties shall exercise custody on Christmas Day on an altemating schedule whereby one of the parents would have the minor child beginning 12:00 p.m. on December 24 through 12:00 p.m. December 25. The other parent would have the child beginning 12:00 p.m. on December 25 through 12:00 p.m. on December 26. 6. Each party would have two (2) non-consecutive seven day periods of uninterrupted custody each year, and shall give the other party two (2) weeks notice of the vacation time. 7. The parties shall share transportation of the minor child. 16. The parties des 'ire that this agreement be made an order of Court through the . Court of C~mmon Pleas of Cumberland County. and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. IN WITNESS WHEREOF. the parties hereto. intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: .. )I/tv~J.JdLIIt1""'J Date: '1-111-98 AL) ~ ~~~(li/~ I' ( /y "j? Date: __ (SEAL) COMMONWEAL TH OF PENNSl'L VANIA : :55: COUNTY OF : On this. the lv., thday oCJ ~ J...~, 1998, before me. the undersigned officer. personally appeared VIRGINIA J. MALjJ\VENDA. known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. - ~cJt~~,~ No ry PI/blie (SEAL) Nolarlal Seel Martha L. Noel. NOlaI'( Public Carllsla Bore, Cumberland County My Commission Expires Sepl. 18, 1999 ombor "oosvlvanl~. i,ssor.la\lor. 0,1 otarl~s >- -. 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