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HomeMy WebLinkAbout98-07213} 2 a S? 10 It q i? 3 Z 012/019 12/09/2004 11:47 FAX 17177952315 IT CENTRAL DAUPHIN KEY FOR GRADED REPORT SCHOOL DISTRICT 7TEFFIFORMANKEE LEVEL: AhOve gr®du levol O1 grade IM4 ------ F j Below grade level 60-65 I Idiot PROGRESS REPORT for by your >ad+ast !ark. Pc r.4 'ES ? 10 ?? Grades 3 & 4 KEY FOR DETAILED REPORT 4. anyour d Can llapP y hls/herlknowledgelstrralegses al nn ndvanc- cd ICvCI, 9. Your child pndorr:v Ihn skilllconcepi at a satisfactory level and is beginning !o apply and extend histher learning at a more advanced level. 2. salictaclory, manner but still depends on instructional guidance. 1. Your child has been Introduced to The 5kiii1concep! and will need trequpnl additional instruction, reteaching and prac• lice 10 perform in a satisfactory manner. 14A Not Applicable: Your child has not yet been introduced to or evaluated on this skill or bahavlor. 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I w i { r? n S I Y, W (,I 2 S t J O 7 ? -, z ¢ 9 D V o Q O W J ¢ Y7 y z `, ?: J ti I - IiII: ?+ r I _, ` I I W Ln a S u f? S r Q N r a ?I .G .f c ai cc m _ I c• '•] u, w In `? ? C e 45 t'3 l- x o, r Se ? N 8 Y L s 4 11 u?:lwbru'? ?aet. fv IBM 14' w N 0 Q C m ¢ N fnl u 12/09/2004 11:47 FAX 17177952315 121013/013 1 Q:NIRAi DAUPHIN SCIIUUI.D TR1CT 1.,44,?.,,eair a DrnnrPcc - rrade 3 - ....1.::1.?L\?1.......??'`G' (?.1;School Year Name ...........__..-._. ... Building_.._.._,.•._ Teacher_ e b 5 Ce-arnin Goais _ Comments X I Identity and use , number ?r p Iattern., ? to :,ulvc problems. ( .-.._ I .... .___..._._ . • - I Count. by 10s and 100x, i Apply place-value eoncePts in 4-digit numbers. Tell and show timcs to the nearest minute. Count combinations of hills and coins and write the total in dollars-and-cents notation. Find equivalent Warne: for numbers. Estimate answers to mullidigit addition and subtraction problems. Use basic facts to solve fact extatsions. Complete "What's My Rule" tables. Know basic additlon and subtraction facts. (_omplcte fact and numhcr families. Solve addition and subtraction multidigit number stories. Add multidigit numbers. Subtract multidigit numbcts. Find the perimeter of a polygon. -.__...'the area of a rectangular region divided into square units. Measure line segments to the nearest +/4 Inch. Measure line segments to the nearest cm. 6- Beginning, = Developing, S=Secule Shaded areas indicate level of expected student progress. J F elf A l 1M1 ? :Y w? ? 1 ?ld?= y?tr L'f li 1 '? e r ;, I p ry : ?, :F? . '"' h.??W W l1 ,r First Grade Progress Report Student: - Jbrii ' /I C VI CA/o Teacher: Special Services Title I h/Languac qs e e Tr l"U l lsc , anguayo mlornnl udlc(ol, ? cd Eirglls1, lnmmrsion- RSP 1 1 1 - 1 Attendance Days Late T i n Days Absent Effort. Social Skills. and Work Habits Effort, Social Skills, and Work Habit Grade E G S N Excellent Good Satisfactory Needs Improvement A Effort ` 1" 2n 3' Reading Writing Mathematics History/Social Science Science , o Unit unit: Li/nil L), V/ - i „ /•.t ? Unit: ?GteY Visual St Performing Arts Physical Education ?r &)ewurl G G Social Skills and Work Habits 1" 2° 3r Follows school and playground rules. Follows class rules. Demonstrates self-control. Is responsible for own actions. _ Works independently. r Works and plays well with others. Completes assignments on time, _ Teacher's Comments 11at.Triireste_r. !?/'/o/I_r lS C,'1 ,1. L (LL C% ?=?/?'S r)O(L A/. /° /Lr l1C?? SLI, 1cC/ I'Lve"is. d'" ^ L??aSSPL?.1? /`.t.L1r (•lv /'t% -..? L-.?. JLvC? )[: i _!',__aAC,•n !?,t rr- /-I) Parent's Signature: Ls2{ [-?u !LL'-.L?1 11 (Ukt l j < I'Yf'c+f SrL(((I. ?f (. /nlLrr(C S' ALA r01 AA '4(j 5 ,Ae 1/0tr1-1 111 k1`4(14pr. 4/0%.) /S lvvr•ke' !iT r,?rr'O(C ?.e..? L? $icE!-, t'c' f L,..c'(?s. 071c%.i GavPS ?v r?'s?l? "? 5%iv E?.iui'S <tiN 5k,L6 (Cf2 !n sc/..vol. Slay Avis a. PO'Sib"e r~./?%(tP ?Ir./ G??..S. / , J i Innes,el... Alvlli (f'^ii r7 S wv,% r?r e-Y ?, /7 ern-? !f(L SL(,lyl?Gi /t?st'.lhS. J/-A-- u(S t J ?!• ? LV( SS, ?1-? c??I ? • > ?•?i.,--?s ?a-a i s tJ(!%1 )4'!315 t) .bl.?(' Sumpter SCneei: ?C ,.,:nn,+l J itrc.:nnnr(ndeli GI,^, ip _ _._-_ } 1 I,;.•l??i(( I.nl't`Yd5 (-ill. is l' ? Cp Y 1 3!r-n. 5c- Is i,. e4,7 /?+ v TeaChLrsF.'or;atule G_sanside Unified School District School: (t6' r eso. _ 20 -20 3 School Year Grade-level Proficiencv Proficiency Levels 4 Abnvo thn 3 M m, ,I,;irle 2 Approachinu 'i Below oin tirade level level Mamma ilm {ImJe love, yiade level s,andard. sl;mdard. clandard. Items with a slash have not been addrossod. Reading lot 2nd -3-r Phonemic Awareness Decoding Word Recognition Comprolions lon Writing 2n 3r Organization Application 3 Handwriting ;r 3 Language Conventions 1" 2nd 3^' Mechanics Spelling .• Listening and Speaking 101 2n 3 Listening Skills Speaking Skills :'? Mathematics 181 nd rd 3 Number Sense _ Algebra and Functions ] - Measurement Geometry 3 Statistics, Data Analysis, and Probability Parent VAL NOV 1 d .%04 f JOSE, A. MALDONADO, JR., IN THE COURT OF CONIMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. LISA K. NU+LDONADO' NO. 98-7213 IN CUSTODY Defendant COURT ORDF.12 AND NOW, this ;tA'11 tay of November, 2004, upon consideration of (lie attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 5 of the Cumberland County 9& day of Z- ?_, 2004 at-.9. -36 Courthouse on the A .m., at which time testimony will be taken in this case. At this hearing, the mother shall be the oving party and shall proceed initially with testimony. m Counsel for the party shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This Memorandum shall be riled at least five days prior to the mentioned hearing date. 2. Pending the hearing scheduled above, the following temporary custody order is entered: a. The father, Jose A. Maldonado, Jr., and the mother, Lisa K. Maldonado, shall enjoy shared legal custody of Britney kaiulani Maldonado, born September 24, 1990; Sarah Estelle Wainani Maldonado, born May 13, 1993; and Alohilani Ashlen Maldonado, born July 8. 1996. b. Father shall enjoy prinnary physical custody of I3ritney and Sarah. and another shall enjoy primary physical custody of Alohilani. C. For the weekends, the parties shall alternate custody of the minor children on weekends such that all three children are together. k However, if' there is all agreement between the parents whereby 'i custody ml the weekend is handled such that physical custody is exchanged and Alohilani is with dad alone on one weekend and Britniey , and Sarah are %vith nioni alone, till' parties fall implement such it schedule if there is an agreement. 3. Pending a hearing scheduled above, the mother shall cooperate with father in connection with the scheduling of any mental health, psychiatric or psychological evaluations for Alohilani. Mother shall ensure that the minor child shall participate in those evaluations, and mother shall slake herself available as needed in the event any evaluator/physician desires to involve ' Yr „ mother in the evaluation. 4. In the event the father desires to have an independent custody evaluation performed in this case, mother will cooperate in the evaluation subject to the understanding that father shall incur the cost. However, father may request the Court at a later date to entertain a petition to assess (lie mother all r, appropriate share of the cost of the evaluation in the event the Court is so inclined. 5. 'File alternate weekend schedule shall commence the weekend of November 120' with mother delivering custody Alohilani to father. The parties shall share transportation for exchange of custody on the weekends. The weekend I times shall be from 7:00p.m. on Friday until 7:001).111. oil Sunday unless ` agreed otherwise between the parties. 6. The parties can also modify the schedule set forth above by agreement. Absent all agreement, the schedule shall control. iw TI??? l'7R , Judge s? Cc: ,risa Marie Coyne, Esquire ,Vaul J. Esposito, Esquire ?q -0 (L CI ?.: "i r" ?.?. JOSE A. MALDONADO, JR., : IN'1'IIF, COUR"1' OF COMNION PI,EAS OI? Plaintiff : CUMBI?BLAND COUNTY, PENNSVI,VANIA CIVIL ACTION - LAW LISA K. MALDONADO, : NO. 98-7213 Defendant : IN CUSTODY Prior Judge: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CLTMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children/child who are the subject of this litigation is as follows: Britney Kaiulani Maldonado, born September 24, 1990; Sarah Estelle Waiuani Maldonado, born May 13, 1993; and Alohilani Ashlen Maldonado, born July 8, 1996. 2. A Conciliation Conference was held oil November 5, 2004, with the following individuals in attendance: The father, Jose A. Maldonado, Jr., with his counsel Lisa Coyne, Esquire, and the mother, Lisa K. Maldonado, with her counsel Paul J. Esposito, Esquire. 3. This case is a situation where father was living in California with the three minor children and was transferred in the military back to Pennsylvania. During the sunnier, lie delivered custody of Alohilani to the mother, with both parties agreeing that it would he for a temporary tinneframe. Since that time, mother suggests that the father has indicated he Nvould prefer mother to he primary custodian and mother has had custody and has enrolled the child in tier school district. Father suggests that lie never intended to relinquish primary custody and that the child Fhould not be in mother's primary custody because mother has not had custody of this child or any of the other children for a number of years and because mother is not addressing a mental health issue that father believes is present with the child. 4. The parties cannot reach in agreement and a hearing is required. Based upon the comments of the parties at the conciliation conference and the need for the entry of a 1 .1 temporary order, the Conciliator is going to recommend the status quo remain in place pending a hearing. 5. The Conciliator recommends an order in the form as attached. II- q- M DATE Hubert X. Gilroy, T Custody Conciliator i `.1 JOSF? A. MALDONADO, JR. IN'llll'. COUI.'I' ()F CUMMON PLEAS OI' PLAINTIFF t'1I?9811RI.?Wi)('OIIN'fl'. PFNNSYLVANIA V. 98-7213 CIVII. ACTION LAW LISA K. MALDONADO IN CI1STODY DEFFNDANT 0It1)I:It OF (,OUR'I' AND NOW, '1'hursday September 23, 2004 - Upoll consideration of the attached Coull)Iainl. it is hereby directed that parties and their respective counsel appear before 1lubcrt X. Gilroy, Fsq.._ , the conciliator. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, November 05.2004 at 830 AM for a Pre-Ilearing Custody Conference, At such conference. an eftiul will he made to resoh,e the issues in dispute: or if this cannot be accomplished, to define and narrow the issues to he heard by the court, and to enter into a temporary order. All children atze five or older may also be presetlt at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 'File 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'HIF COURT.. fly: _/s; - 1-1tebert.X._Gi1ro)?Esq..- __..-- mhc Custody Conciliator the Court of ('onunott Pleas of Cun)berlmld County is required by lax to comply wilb 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 off ice. All arrangements must be trade at least 72 hours prior to any hearing or business bclore the court. You must attend the scheduled confcrence or hearing. 1'Ol.l S1101 11.1) FAKB'I'l IIS PAPLR'fU YOCR A\ I I ORNFY A'I' ONCE. it: YOU DO NOT IIAVF AN ATI'ORNI:Y OR CANNOT AFFOIEI) ()N1.. (io M OR 'I-FLI-1'IIONF'l HE OFFICE. SI:T FORTI I I3ELON',1'I O FIND Oil I' WI IFRF YOU CAN H1 ' 116AL I IH P. Cumberland C'uunty Ifar Association 32 tioulh Bedford Street ('arlinlC, PCnnsylcania 17011 I elCpllonc (717)249-3166 lir Ci.il` -i e/ 7 0?% %6?Z? /?1?1? G f sf 'rh k I J7• ,r ?nG?? /?uz?i? ? SEP 2 0 2004 ,Il)sl: A. ?I,,NLDC1NADO. JR., IN I I II{ COl1R"I' OR C0??1?40N PLI',AS U Phinti[PReslwnukmt C l \1131iRLANI CUl1N'hY, PGNNSI'I,VnNIA V. NO, 98-721? CIVIL I MM LISA K. MALDONADO. CIVIL. AC" 1 ION - LAW Del,endanUPctitionct IN CUSTODY ORDER OF ( , OUR'[' AND NONV• this -_- day of 2004, upon consideration of die attached IT"F TION 'f0 MODIFY ORDER OF CU.S-TODY, it is directed that the parties and their respective counsel appearbefore _ _ the Conciliator, at on _ the day 2004, at o'clock, _.m., for it pre-I learing Custody Conference. At such Coutcrcuce, au 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. Either pony may brine the Child who is the subject of this custody action to the Cont'crence, but the chiUchildren's attendance is not mandatory. Failure to appear the Conference may provide grounds for entry ofa temporur' or permanent order. The Court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Cusluth' orders to the conciliator 48 hours prior to scheduled hearing;. FOR 'Il IE COL 1 R'f: By: CUSIOdv Conciliator The Court of Common Pleas of Cumberland County is required by law to comply vvilh the Americans with Disabilitim; Act of 1990. For information about accessible lacilities and reasonable accommodations available to disabled individuals having business belbic the court, please contact our office. All arrangements must be made at can 72 hours prior to any hearing or business before the court. you ntusl attend the scheduled conference or henine. YOtI SIIOUI.D 'hAhl: 'MIS PAPER TO YOUR A110RNI:Y A] ONCE. II' YOU DO NOT HAVE AN AFIORNLY OR CANNOT AFFORD ONF, GO 7'O OR l Et.EP11ON1i I liE OFFICE SGL FORTII BELOW f0 FIND OU'f WHITE YOU CAN GEF LEGAL MIT C'unrberlaod County [far Association 2 Liberty Avenue Carlisle. VA 17013 Telephone: (7 17) ?,d9-3166 cC: Jo?c.1. Maldonado. Jr_ I'IuintiII Paul I. I po,ilo. I\quuc, Avoincs Lrc Dctcndant Ilnd I P'±yovln, L"Imic I I) 1, :5.15.1 6n1 .W11 RO NA I/%I%N 1.t' 120 Sh I1,11 xm.a 11 u Hm I:eS Rul"Im... PA 1'110x. 11nS 1'171. iL11o .i'I'1 2 061104 11]c,m1&I JOSE A. MALDONADO. JR.. Plaintiff/Respondent IN 'I'I Its COURT OR COMMON PLIAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA LISA K. MALDONADO. Defendant/Petitioner NO. 98-7211 CIVIL TERNI CIV11, ACTION - LA \V IN CUSTODY PETITION'I'O MOD1111V 01-WER OF CUSTODY AND NOW. Defendant, Lisa K. Maldonado. by and through her counsel, Goldberg Katzman. P.C., and Paul J. Esposito, Esquire, flies this Petition to N40di1'y Order of C'uslody, and in support thereof, avers the R>Itowing: Petitioner, Lisa K. Maldonado, is file Defendant in the above-captioned custody action. 2. Respondent, Jose A. Maldonado, Jr., is the Plaintiff in the above-captioned custody action. 3. 'I lie parties arc the parents of three (3) minor children. 13rimey Kaiulani Maldonado, D.O.B. September 24, 1990: Sarah Estelle Wainani Maldonado. D.O.B. May 13, 1993: and Alohilani Ashlen Maldonado. D.O.B., JuIv 8. 1996. 4. On May 19, 2000, the I lonorable Fdward li. Guido entered an Order, pursuant to the agreemcnt of the parties. which granted the parties shared legal custody, approved Respondent', relocation of the minor children to the Su11c of Califinnia and set forth a schedule of partial ph\ sicA custody and cisitmion for Petitioner. ;\ ropy' oCsaid Order is attached hereto, made a pmt hcreot and maikcd as Exhibit A. 5, (hi July S. 2004. Petitioner assumlcd printay physical custody ol'Alohilati, which on that time was antictmed to he a temporary situation. 6. Since that date. Respondent has inllonned Petitioner that he no longer wishes to have primary custody of Alohilani thereby umnsArming the custodial change to a aura permanent status. T Respondent. Morey and Sarah have relocated to 1064 Tunberry Court. Mechanicsburg, Cumberland County, Pennsylvania. S. Petitioner continues to reside at 363-A North Arlington Avenue, Lower Paxton Township, Dauphin County, Pennsylvania. 9. The albrementioned change in custody and Respondent's return to Cumberland County. Pennsylvania, necessitate the modification of the physical custody arrangements set Rrth in Judge Guido's Order ol'May 19, 2000. No IL'REFORIi, Petitioner respectfully rcyuests that this I lonorable Court enter an Order modit'ying the Order of May 19. 2000, such that the parties will continue to share legal custody of their three (3) minor children. Petitioner will have primary physical custody of Alohilani, Respondent will have primary physical custody of 13rimey and Sara and the parties will have rights of partial physical custody vith the children as appropriate. GOLDI31,'RG KATZMAN, P.C. Paul J. l x?y, to- Attorney If 1425454 320 Markel Street P.O. Box 1265 Ilarrisburg, PA 17109-1265 (717) 234.4161 Date: aNnrn{rJhr Pejendant Pelitio ner s k d@RIFICATION I \,erifv that the statements contained in the foregoing I'I TITION TO MODIFY ORDER OF CUs'I'ODY are true and correct to the best of my knowledge, inhumation and belief. I understand that false statements contained herein are made subject to the Penalties of 18 Pa. C.S. Section 4904 relating to unsWorn lalsif ication to authorities. Date: LISA K. MAMONADO Exhibit A JOSE A. MALDONADO, JR., ) Plaintiff/Respondent ) vs. ) LISA K. MALDONADO, ) DefendanUPctitioner ) IN TTIE COURT OI: COMMON PLEAS OI' CUMBERLAND COUNTY. PENNSYLVANIA NO. 98-7213 CIVIL TERM CIVIL ACTION - LAW INt 1W..it pon receipt of the AND NOW, this day o, 2000, u Conciliator's Report, it appearing that the have cached an agreement which was dictated in their presence and approved by them and their counsel, it is hereby Ordered and directed as follows: 1. Mother shall consent to the relocation of the minor children to the State of California. 2. The parties shall share legal custody of their minor children, Britrey, d.o.b. September 24, 1990; Sara, d.o.b. May 13, 1993; and Alohilani, d.o.b. July 8, 1996. 3. Father shall have primary physical custody of the minor children subject to periods of partial custody and visitation with Mother as follows: A. Mother shall have the children on alternating weekends tip until the time that Father relocates to California. These alternating weekends shall be from Saturday at 9:00 a.m. until Sunday at 8:00 p.m. B. Mother shall have the children every Wednesday evening from 4:00 P.M. Until 7:00 p.m. until the time that Father relocates to California. C. Mother shall have a period of'exclusive custody with the minor children from Saturday, June 17, 2000, at 9:00 a.m. until Sunday, June 25, 2000, at 5:00 p.m. D. Mother shall be all'orded a period of a few hours with the minor children on .tune 30, 2000, the specific times to be agreed upon by the parties. 4. Mother agrees to complete her parenting classes through Escape Center, Inc., prior to the extended period of exclusive custody. 5. After the children move to California, Mother shall be afforded periods of partial custody and visitatinn with the minor children, in California, provided that she gives ten (10) days advance notice to Fathcr as to when she intends to be in California. Conversely, if Father shall be in Pennsylvania, he shall provide Mother with ten (10) days advance notice as to when he intends to be in Pennsylvania to afford Mother the opportunity to spent periods of exclusive custody with the minor children. 0. Father agrees to provide Mother with the following inliorntation, along kith his duties and ohligations under a shared leg-A custodial arrangement while he is in Califirnia: A. I le shall notify Mother when he arrives in California; 13. I le shall provide Mother with a permanent address and telephone number; C. He shall provide Mother with a work telephone number to be used only in the case ofemergencies; D. I le shall provide Mother with reasonable telephone access to the minor children; E. He shall keep Mother fully advised as to all school issues, health issues, and dayeare issues involving the children and all other responsibilities that Father has under a shared legal custodial arrangement. 7. Cumberland County, Pennsylvania, will retain jurisdiction ofthis case. I'hc parties agree that they shall revisit this custodial arrangement no later than May, 2002. 13Y THE COURT, ,_5?I EDWARD E. GUIDO, J. Lisa Marie Coyne, Esquire Paul J. Esposito, Esquire mlb In TL ?';l'?..:,r.v 1,'r:;,;,•, i:?'. „t my hand' and 16a a! t f n.:6? C .,0 1 Ca, ti_ie, Pa. Thi.. 't' ' l Prvth;xr?tary ; JOSE A. MALDONADO, JR., Plaintiff/Respondent VS. LISA K. MALDONADO, DefendanUPetitioner JUDGE PREVIOUSLY ASSIGNED CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE. OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(are) the subject of this IN TI IL' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-7213 CIVIL TERM CIVIL ACTION - LAW The I lonorable Edward E. Guido litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Britney Maldonado Sara Maldonado Alohilani Maldonado September 24, 1990 May 13, 1993 July 8, 1996 Plaintiff Plaintiff Plaintiff 2. A Conciliation Conference was held on May 11, 2000, and the following individuals were present: the Plaintiff and his attorney, Lisa Marie Coyne, Lsquire; the Defendant and her attorney, Paul J. Esposito, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiffs position on custody is as follows: Sce attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child(ren): Neither party requested. R. Need lbr independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: May 17, 2000 [ (? l Michael L. Bangs Custody Conciliator CE IITII'll CATE'OF SI?RVICE. ;i On this ---LT day of' September. 2004. 1 certify that the original and one copy of the fiircgoing was senvd upon the Allowing counsel of record IN Plaintif7'by placing the same in the United States mail. lust class. postage prepaid, addressed as !Wlm s: Jose A. Maldonado. Jr. 1064'funberry Court Mechanicsburg, PA 17055 GOLDB :RG KA'I ZMAN. P.C. !i( Paul J„ Esposito Supreme An ID 425454 illorneyv in- DeJeiuhurt,'Pc;iiiune; 1 4-\ w'1 Q ` y CCmrCjt , { , r u Y ro-r r 7 r ?+q ,' N$YGA?Ak ?if+ w wr i '.. ', '. Y t i+bf,?tr26 i r - (? ,i r1t r1y, xf rI?l,,Na yw?r.)?pE1R, , , , ; COYNE &.COYNE,.P.C. ^' Fr. Y Y ) d'`z i) p vb r> ri rr Attorneys at Law of 'ry tr'Y7nv + ? r ` 3901 Market Street r r camp Hine PA 170114227 r ?"?f{,r?r,ta* s r (717)7374464' q " '?$frf`-Jx ry t e n r :r- ` t 1 xY t f r 1 S' .JOSE A. MALDONADO,,M., Plaintiff/Respondent VS. LISA K. MALDONADO, Defendant/Petitioner IN THE COURT OF COMNION PLFsAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-7213 CIVI1. TERN CIVIL ACTION - CUS'T'ODY ANSWER TO PETITION TO MODIFY ORDF,R OF CUSTODY AND NOW COMES, the Plaintiff, JOSE A. MADLONADO, JR., by and through is attorneys, Coyne S: Coyne, P.C., and avers the following answers: 1. thru 5. Admitted. 6. Denied. The temporary transfer of custody of Alohi to Mother for the month of August was to afford Mother to extended time with daughter while Father and rest of Father's family was driving across country moving from California to Pennsylvania; however, upon Father's arrival in Pennsylvania and his request for the return of the child, Mother has refused to do so and instead filed for a reduction in child l.d _ _ su_ nnnrt and file(] the 1icau-mg - "o hf:cauion u_..:(111. _ , a , wu T Admitted. 8. Admitted. 9. Denied. It is not in the hest interest of the child I'm Mother to have primary physical custody of the ni nor child and thereby causing a separation of the minor child from the child's two siblings. i t 1 (i WIIERIiPORE, Plaintiff requests this Honorable Court to deny Defendant's request for primary physical Custody of the minor child. Respectfully submitted, COYNE S C:OYNE, P.C. Y Dated: 13y: ?--?. LISA ARID COYNE, ,SQUIRE I'a. . Ct. No. 53788 1 Market Street Camp Hill. PA 17011-4227 (717) 737-0464 AllorneKs for Plaintiff VERIFICATION The facts set (Milli in the foregoing are true and correct to the best of the undersil?Tlod's knowledge, information and belief and arc verified subject to the penalties for unsworn falsification to authorities under 1$ Pa. C.S.A. §4904. Dated: CI;IVI'IFICATE Of SERVICE 1, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Answer to Petition for Modification of Custody Order was served this date upon the below- referenced individuals at the below listed address by way of hand-delivery: Paul J. Esposito, Esq. Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Dated: 1 7 1 .,, li l / DEC 2 7 2004 11). 112545 (ioLDIt1.H(I KA I/1%1W PC 120 Atnkel slivo 1'. U Hoy 12611 Il:nn.bul l'. 1'A 171118.120 (717)211.4 61.(7171_21.1. t 161(k, ,1101) ('uurnrI fur 11, 1011,11111 JOSE A. Iv1ALDONADO, .IR.. Plainfifl7Respondent V. LISA K. MALDONADO. Defendant/Petitioner IN 'fl a COUIZ'L OR COMMON Pf.t:n? ur CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-7213 CIVIL TI_RM CIVIL ACTION - LAW IN CUSTODY PRE-HEARING MEMORANDUM IIiston' of Case A. Procedural l iistorv Petitioner, Lisa K. Maldonado, and Respondent, Jose A. Maldonado, Jr., were married on February 6, 1988, and separated on October 25, 1998; the parties were eventually divorced. Three (3) children were born to the marriage: 13ritney Kaiulani Maldonado, age 14 years, born September 24, 1990; Sarah Estelle Wainani Maldonado, age 11 years, born May 13, 1993: and Alohilani Ashlen Maldonado, age 8 years, born .luly 8, 1996. Upon separation, Father assumed primary physical custody of the girls. 13y order dated January 15. 1999. the custodial arrangements were confirmed whereby Father retained primary physical custody of the girls and Mother had partial physical custody, which was unspecified in their Stipulation and Order. On December 14, 1999. Mother filed a Petition to Modify the Order of.lanuary 15, 1999, seeking it more formal and detailed schedule of temporary physical custody. On I-cbruarV 3. 2000, Fauher's counsel informed Mother's counsel that Lather was being transt'erred to California) it-, .luly 01'2000 E :1t that time, as well as the present. Father was a member of the t'nited Slates Marine Corps and .vas being uanstirrcd to ('amp Pendleton. On Much 15. 2000, an order was issued by this Court pursuant to the parties' interim agreement. Mother was afforded partial physical custody every \\'ednesday evening from 4:00 p.m. until 7:00 p.m., and alternating weekends, on Saturday and Sunday from 9:00 a.m. until noon. An additional Custody Conciliation Conlcrence was scheduled for April 27. 3000. As a result of the Conciliation Conference tvbich was actually held on May 11. 2000. an order was entered on May 19. 3000, whereby Mother consented to the relocation, the parties retained shared legal custody and Father retained prinruy physical custody. Mother's partial physical custody included alternating weekends from Saturday until Sunday until the relocation occurred, as well as each Wednesday for three (3) hours, Julie 17 to Julie 25, 2000, and a few hours on Julie 30, 2000. Also, Mother was afforded the opportunity to visit with the children in California and in Pennsylvania, if and when the girls were visiting in Mother's locale. The custody matter was to be revisited in May, 2002. On September 16, 2004, Mother filed a Petition to Modify the Order of May 19, 2000. Mother is seeking primary physical custody of Alohi, who has been in her custody since July A, 2004, and a modification of the physical custody arrangements inasmuch as Father and his family have returned to Mechanicsburg, Pennsylvania. On November 5. 2004. Father filed an Answer to Mother's Petition indicating that he wished to resume primary physical custody of Alohi. Also, on November 5, 3004, the parties appeared before Ilubert Gilroy, Lsquire, for a Custody Conciliation Conference. As a result of the Conference. an order was issued on November 22, 2004, providing that the parties would have shared legal custody, primary physical custody of Britney and Sarah would be with Father and primary physical custody of Alohi would be with Mother. UIHIV P, 1),)( cl), h S IIf Q;! ? 2 Ii; "file girls are to he together each weekend, alternating between Mother and Father or as otherwise agreed. Mother was directed to coopcr:tte with Father regarding the scheduling of any mental luations for Alohi or, if l :riper chose, a custody , psychiatric or psychological eva health evaluation. 'this matter is now set for a hearing oil Wednesday. December 29, 200 4, at R: 0 L.M. 13. Factual lrv During the time Father and the girls resided in California, Mother visited with them for five (5) days in September, 2001 and communicated with them on a regular basis throughout that time, via telephone, cards. gifts and photographs. Mother also visited with the girls when they visited in pennsylvania. Some tittle during the winter of 2004, Father asked \'tother to keep Alohi for approximately two (2) weeks, beginning cm July 9, 2004, while he and his family traveled and relocated to pennsylvania. Mother agreed to do so. On July R, 2004. Mother flew to California, picked Alohi up and returned to p el tsvlvania in accordance with the parties' agreement. It was the parties' initial understanding u . , her for two (2) weeks and consequently Mother took two that Alohi would remain with \4ot weeks of vacation from work to be with Alohi. \\'hile in California to retrieve Alolli Father did not permit Mother to visit with Sarah and Wittlel'. on .lulu N. 2004. to the best of \1othcr's knowledge. father and his family arrived in Pcnnsylcania, \lothcr was not contacted by I alher. ,;1,111 N; 11,4.SI'o :C11/.y;J 1 On .luly 24, 2004, Mother made her first etlbrt to locate and contact Father since she had no local telephone number or address. I lei- daily calls to the local military personnel were initially Irnitless. Finally, on August 3, 2004. Father placed a call to Mother's residence. Mother's boyfriend, Dino Corrado, accepted the call, informed Father that Mother was at work, and suggested to Father that he call her there. Father provided no telephone ntultbcr or address at that time. Mother did not hear from lather. On August 9, 2004, Mother called the Commander of the local military depot and later that same day Father called Mother and provided her with his address and telephone number. Mother asked Father if he was coming I'm- Alohi. Father responded by saying he did not want her. On August 10, 2004, Father made a complete turn-around and informed Mother that lie would pick Alohi up on August 28, at noon. I le spoke with Alohi for the first time since Judy R, 2004. On August 31, 2004. Rritney and Sarah visited with their Mother for the first time since their return to Pennsylvania. On August 22, 3004, Father intro red Mother that he did not want Alohi and suggested that Mother do what she had to do. On August 24, 200.4, Mother tiled for a modification of the child support order with the understanding that Mohi would be living with her. On August 27, 2004- Mother left her part-time job with Federal Express, given the fact shat she would ha\ c primary physical custody of Alohi and would no longer be able to maintain her full-time emplo\ mcnt \yith I[rie Insurance Company and her part-time joh. On August 28. 2004, Mother enrolled Alohi in the Central Dauphin School District. Until late August, notwithstanding prior conversations. Mother was prepared to and intended to return Alohi to her Father, however, he ultimately made it clear that he did not want her back. That is what prompted her to file the Petition to Modify Custody, which she did on September 16. 2004. III. Current Issues The central issue in this case is whether Mother will retain primary physical custody of Aloll ilani or if Father will resume primary physical custody. Depending upon the determination of that issue, the arrangements fbr partial physical custody of all three children will need to be adjustcd accordingly. ill. Witnesses A. Lisa Maldonado. Ms. Maldonado will testify regarding the aforementioned history and why she wishes to retain primary physical custody of Alohilani. 13. Dino C. Corrado. Mr. Corrado is Ms. Maldonado's boyfriend. Although they have never lived together, they have continued in their relationship for approximately five (5) years. Mr. Corrado will testify regarding his background and employment, what he perceives to be his role in the lives of the girls, what he has observed concerning Alohi and the interaction and relationship between Mother and daughter and the relationship lie has established with Alohilani. C. Linda Clouser. Ms. Clouser is an acquaintance of both parties and a long-time fir end of Mother. She is a widow with two adult children. Ms. Clouser has provided childcare firr Alohi since her return from California and will testify regarding the interaction she has observed between Alohi and Mother. She will also testify regarding Alohi's behavior. 1). Strtimie Bucher - (Director of Stepping Stone. inc.) Ms. Bucher is the director of the daycare center which provides daily care for Alohi before and after school. Ms. Bucher will testify regarding her observations of Alohi as to behavior. interaction with other children and related matters. L'. Lauren Kennihan. %1s. Kennihan is Alohi's teacher at Northside Elementary School. She will be unavailable for the hearing due to L•oliday travel but has provided a letter regarding Alohi for the Court's review. I H I, If 1-4 I n h :? I h V S// L 4) 4 J ti IV. Proposed ResoIuliml I . The parties will have shared legal custody of Bri0tcy, Sarah and Alohilani. 2. Mother will have primary physical custody ol'Alohilani. 3. Father will have primary physical custody of Britney and Sarah. 4. The children will be together each weekend alternating between parents. 5. The children will be with Mother on Mother's Day and with Father on Father's Day. 6. Each party will have two (2) weeks of summer vacation. The girls will be together for each week of vacation. 7. Necv Year's Day. Easter. Memorial Day, 4m o1'.luly, and Labor Day will be alternated. 8. The Thanksgiving holiday period will be divided equally and alternated. 9. The Christmas holiday period will be divided equally and alternated. Date: December' . 2004 Respectfully submitted, uOLD13ERG KATZMAN, P.C. Paul J. I'Tosit6 Attorney I.D. #;25454 330 Market Street P.O. Box 1268 I larrisburg, PA 17108-1268 (717) 234-4161 (717) 334-6808 (facsintilc) 111orneY ill' Jell l laflflTc1ilioncr b i? CEAITIF?CATE, Or SE.RV?CE i On this .yt.r_, day of Dccember. 2004, 1 cc,-ti(), that the foregoing document was served upon the 1,6I1owing counsel of' record by mailing a copy of same via first class mail. addressed as fullows: Lisa M. Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Bill, PA 17011 GOLDBERG KATZMAN, P.C. Paul J. Esposito Supreme Cotirt ID 925454 rlllurneps fi'w UGfendantlPclilion,-r Now A full -?creirr I.nv Inns. December 23, 2004 The 1-lonorable Edward I;. Guido Cumberland County Courthouse one courthouse Square Carlisle, PA 17013-3387 DEC 2 7 2004 Re: Jose A. Maldonado,,h•. v. Lisa K. Maldonado Cumberland County No. 98-7213 in Custodv Dear Judge Guido: Enclosed please find, Pursuant t teo Pies of pre-1 learing 1\ emorO dum`in November 22, 2004, original and two (' _. 1 'I'llis case the above-referenced Wednesday, tier' December is c rrentl) scheduled for a hearing before 29, 2004. Your ] loner oil Thank ),ou liar your attention to this matter. Yours very truly, Paul 1. Esposito RI E/sam Enclosures cc: Lisa )VI. Coyne. lisquire Odenc.) I 3 ?f IIV l ,i DEC 2 7 2004 I'au1 J. Esposito, Esquire I.O. #25454 GOLOEERG KATZMAN, P.C. 320 Market Street p, O. Box 1268 parris6ur8, PA 17108.1268 (117) 234-0161; (717) 234A 161 03csim11e) ------ A. MALDONADO, JR., Plaintiff/Respondent v. LISA K. MALDONADO, Defendant/Petitioner IN THE COURT UK k-UJvuvrkJJN C--- - CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-7213 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRE-HEARING MEMORANDUM 1, History of Case A. Procedural History Petitioner, Lisa K. Maldonado, and Respondent, Jose A. Maldonado, Jr., were married on February 6, 1988, and separated on October 25, 1998; the parties were eventually divorced. Three (3) children were bom to the marriage: Britney Kaiulani Maldonado, age 14 years, born September 24,1990; Sarah Estelle Wainani Maldonado, age 11 years, born May 13,1993; and Alohilani Ashlen Maldonado, age 8 years, born July 8, 1996. Upon separation, Father assumed primary physical custody of the girls. By order dated January 15, 1999, the custodial arrangements were confirmed whereby Father retained primary physical custody of the girls and Mother had partial physical custody, which was unspecified in their stipulation and Order. On December 14, 1999, Mother filed a Petition to Modify the Order of January 15, 1999, seeking a more formal and detailed schedule of temporary physical custody. On February 3, 2000, Father's counsel informed Mother's counsel that Father was being transferred to California in July of 2000. At that time, as well as the present, Father was a member of the United States Marine Corps and was being transferred to C:unp Pendleton. On March 15, 2000, an order was issued by this Court pursuant to the parties' interim agreement. Mother was afforded partial physical custody every Wednesday evening from 4:00 p,m. until 7:00 p.m., and alternating weekends, on Saturday and Sunday from 9:00 a.m. until noon. An additional Custody Conciliation Conference was scheduled for April 27, 2000. As a result of the Conciliation Conference which was actually held on May 11, 2000, an order was entered on May 19, 2000, whereby Mother consented to the relocation, the parties retained shared legal custody and Father retained primary physical custody. Mother's partial physical custody included alternating weekends from Saturday until Sunday until the relocation occurred, as well as each Wednesday for three (3) hours, June 17 to June 25, 2000, and a few hours on June 30, 2000. Also, Mother was afforded the opportunity to visit with the children in California and in Pennsylvania, if and when the girls were visiting in Mother's locale. The custody matter was to be revisited in May, 2002. On September 16, 2004, Mother filed a Petition to Modify the Order of May 19, 2000. Mother is seeking primary physical custody of Alohi, who has been in her custody since July 8, 2004, and a modification of the physical custody arrangements inasmuch as Father and his family have returned to Mechanicsburg, Pennsylvania. On November 5, 2004, Father filed an Answer to Mother's Petition indicating that he wished to resume primary physical custody of Alohi. Also, on November 5, 2004, the parties appeared before Hubert Gilroy, Esquire, for a Custody Conciliation Conference. As a result of the Conference, an order was issued on November 2.2, 2004, providing that the parties would have shared legal custody, primary physical custody of Britney and Sarah would be with Father and primary physical custody of Alohi would be with Mother. ors.+c? Nc'ixx's,rxx?sv ? e v3?, ? The girls are to be together each weekend, alternating between Mother and Father or as otherwise agreed. Mother was directed to cooperate with Father regarding the scheduling of any mental health, psychiatric or psychological evaluations for Alohi or, if Father chose, a custody evaluation. This matter is now set for a hearing on Wednesday, December 29, 2004, at 8:30 a.m. B. Factual History During the time Father and the girls resided in California, Mother visited with them for five (5) days in September, 2003 and communicated with them on a regular basis throughout that time, via telephone, cards, gifts and photographs. Mother also visited with the girls when they visited in Pennsylvania. Some time during the winter of 2004, Father asked Mother to keep Alohi for approximately two (2) weeks, beginning on July 8, 2004, while he and his family traveled and relocated to Pennsylvania. Mother agreed to do so. On July 8, 2004, Mother flew to California, picked Alohi up and returned to Pennsylvania in accordance with the parties' agreement. It was the parties' initial understanding that Alohi would remain with Mother for two (2) weeks and consequently Mother took two weeks of vacation from work to be with Alohi. While in California to retrieve Alohi, Father did not permit Mother to visit with Sarah and Britney. On July 19, 2004, to the best of Mother's knowledge, Father and his family arrived in Pennsylvania. Mother was not contacted by Father. :: oDAIA V'C170C5`JX)CSI11693f 13 On July 24, 2004, Mother made her first effort to locate and contact Father since she had no local telephone number or address. Her daily calls to the local military personnel were initially fruitless. Finally, on August 3, 2004, Father placed a call to Mother's residence. Mother's boyfriend, Dino Corrado, accepted the call, informed Father that Mother was at work, and suggested to Father that he call her there. Father provided no telephone number or address at that time. Mother did not hear from Father. On August 9, 2004, Mother called the Commander of the local military depot and later that same day Father called Mother and provided her with his address and telephone number. Mother asked Father if he was coming for Alohi. Father responded by saying he did not want her. On August 10, 2004, Father made a complete turn-around and informed Mother that he would pick Alohi up on August 28, at noon. He spoke with Alohi for the first time since July 8, 2004. On August 21, 2004, Britney and Sarah visited with their Mother for the first time since their return to Pennsylvania. On Aueust 22.2004. Father informed Mother that he did not want Alohi and suggested that Mother do what she had to do. On August 24, 2004, Mother filed for a modification of the child support order with the understanding that Alohi would be living with her. On August 27, 2004, Mother left her part-time job with Federal Express, given the fact that she would have primary physical custody of Alohi and would no longer be able to maintain her full-time employment with Eric Insurance Company and her part-time job. 0J)W PCIX)CSd O :SVt693413 yI On August 28, 2004, Mother enrolled Alohi in the Central Dauphin School District. Until late August, notwithstanding prior conversations, Mother was prepared to and intended to return Alohi to her father, however, lie ultimately made it clear that he did not want her back. That is what prompted her to file the petition to Modify Custody, which she did on y September 16, 2004. ]], Currc % The central issue in this case is whether Mother will retain primary physical custody of Alohilani or if father will resume primary physical custody. Depending upon the determination ial physical custody of all three children will need to be i of that issue, the arrangements for part adjusted accordingly. III. Witnesses A. Lisa Maldonado. Ms. Maldonado will testify regarding the aforementioned history and why she wishes to retain primary physical custody of Alobilani. B. Dinodo• Mr. Corrado is Ms. Maldonado's boyfriend. Although they have never lived together, they have continued in their relationship for approximately five (5) years. Mr. Corrado will testify regarding his background and employment, what lie perceives to be his role in the lives of the girls, what he has observed Mother and daughter r and A the relal onship he has established awith I A oh lani! C. Linda Clouser. Ms. Clouser is an acquaintance of both parties and a long-time friend of Mother. She is a widow with two adult children. Ms. Clouser has provided childcare for Alohi since her return from California and will testify regarding the interaction she has observed between Alohi and Mother. She will also testify regarding Alohi's behavior. D. Stefanie Bu - (Director of Stepping Stone, Inc.) Ms. Bucher is the director of the daycare center which provides daily care for Alohi before and after school. Ms. Bucher will testify regarding her observations of Alohi as to behavior, interaction with other children and related matters. E. Lauren Kcum'an. Ms. Kennihan is Alohi's teacher at Nortliside Elementary School. She will be unavailable for the hearing due to holiday travel but has provided a letter regarding Alohi for the Court's review. ;:Oi)Af4 if'CI)OCSJ)OC :4V 169 af'd S IV. Pro osed Resolution I . The parties will have shared legal custody of Britney, Sarah and Alohilani. 2 Mother will have primary physical custody of Alohilani. 3. Father will have primary physical custody of Britney and Sarah. 4. The children will be together each weekend alternating between parents. 5. The children will be with Mother on Mother's Day and with Father on Father's Day. , Each party will have two (2) weeks of summer vacation. The girls will be 6 together for each week of vacation. 7. New Year's Day, EasterI Memorial Day, 40i of July, and Labor Day will be alternated. g, The Thanksgiving holiday period will be divided equally and alternated. 9. The Christmas holiday period will be divided equally and alternated. Date: December 13, 2004 ?Orm,4 J,C,XKS.1 N H'.S.116934-3 Respectfully submitted, GO ERG TZMAN P.C. Paul J. pos' Attorney I.D. 925454 320 Market Street P.O. Box 1268 llarrisburg, PA 17108-1268 (717) 234-4161 (717) e234.6808 yfo De.fendan / Altorltey f Pe itioner 6 i? CERTIFICATE Or SERVICE On this XY day of December, 2004, 1 certify that the foregoing document was served upon the following counsel of record by mailing a copy of same via first class mail, addressed as follows: Lisa M, Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, PA 17011 GOLDBERG KATZMAN, P.C. pau-z??"-Mlv' Paul J. Espos' Supreme Court ID 425454 Attorneys for DefendawlPetNroner DEC 2 7 2004 Paul J. Esposito, Esquire I.D. 025454 GOLDBERG KATZMAN, P.C. 320 Market Strect P.O. Box 1268 I{ar,isburg,PA 17108.1268 (7171-1344161,(717) 234-0161 (facsimi1e) A. MALDONADO, JR., Plaintiff/Respondent v. LISA K. MALDONADO, Defendant/Petitioner IN THE COURT OR COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-7213 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRE-HEARING MEMORANDUM I, History of Case A. Procedural History Petitioner, Lisa K. Maldonado, and Respondent, Jose A. Maldonado, Jr., were married on February 6, 1988, and separated on October 25, 1998; the parties were eventually divorced. Three (3) children were bom to the marriage: Britney Kaiulani Maldonado, age 14 years, born September 24, 1990; Sarah Estelle Wainani Maldonado, age 11 years, born May 13, 1993; and Alohilani Ashlen Maldonado, age 8 years, born July 8, 1996. Upon separation, Father assumed primary physical custody of the girls. By order dated January 15, 1999, the custodial arrangements were confirmed whereby Father retained primary physical custody of the girls and Mother had partial physical custody, which was unspecified in their Stipulation and Order. On December 14, 1999, Mother filed a Petition to Modify the Order of January 15, 1999, seeking a more formal and detailed schedule of temporary physical custody. On February 3, 2000, Father's counsel informed Mother's counsel that Father was being transferred to California in July of 2000. At that time, as well as the present, Father was a member of the United States Marine Corps and was being transferred to Camp Pendleton. On March 15, 2000, an order was issued by this Court pursuant to the parties' interim agreement. Mother was afforded partial physical custody every Wednesday evening from 4:00 p.m. until 7:00 p.m., and alternating weekends, on Saturday and Sunday from 9:00 a.m. until noon. An additional Custody Conciliation Conference was scheduled for April 27, 2000. As a result of the Conciliation Conference which was actually held on May 11, 2000, an order was entered on May 19, 2000, whereby Mother consented to the relocation, the parties retained shared legal custody and Father retained primary physical custody. Mother's partial physical custody included alternating weekends from Saturday until Sunday until the relocation occurred, as well as each Wednesday for three (3) hours, June 17 to June 25, 2000, and a few hours on June 30, 2000. Also, Mother was afforded the opportunity to visit with the children in California and in Pennsylvania, if and when the girls were visiting in Mother's locale. The custody matter was to be revisited in May, 2002. On September 16, 2004, Mother filed a Petition to Modify the Order of May 19, 2000. Mother is seeking primary physical custody of Alohi, who has been in her custody since July S, 2004, and a modification of the physical custody arrangements inasmuch as Father and his family have returned to Mechanicsburg, Pennsylvania. On November 5, 2004, Father filed an Answer to Mother's Petition indicating that he wished to resume primary physical custody of Alohi. Also, on November 5, 2004, the parties appeared before Hubert Gilroy, Esquire, for a Custody Conciliation Conference. As a result of the Conference, an order was issued on November 22, 2004, providing that the parties would have shared legal custody, primary physical custody of 13ritney and Sarah would be with Father and primary physical custody of Alohi would be with Mother. Of)d7.4'J'C/Xk'Y IX)C.SV I L via 3 2 The girls are to be together each weekend, alternating between Mother and Father or as otherwise agreed. Mother was directed to cooperate with Father regarding the scheduling of any mental health, psychiatric or psychological evaluations for Alohi or, if Father chose, a custody evaluation. This matter is now set for a hearing on Wednesday, December 29, 2004, at 8:30 a.m. B. Factual History During the time Father and the girls resided in California, Mother visited with them for five (5) days in September, 2003 and communicated with them on a regular basis throughout that time, via telephone, cards, gifts and photographs. Mother also visited with the girls when they visited in Pennsylvania. Some time during the winter of 2004, Father asked Mother to keep Alohi for approximately two (2) weeks, beginning on July 8, 2004, while he and his family traveled and relocated to Pennsylvania. Mother agreed to do so. On July 8, 2004, Mother flew to California, picked Alohi up and returned to Pennsylvania in accordance with the parties' agreement. It was the parties' initial understanding that Alohi would remain with Mother for two (2) weeks and consequently Mother took two weeks of vacation from work to be with Alohi. While in California to retrieve Alohi, Father did not permit Mother to visit with Sarah and Britney. On July 19, 2004, to the best of Mother's knowledge, Father and his family arrived in Pennsylvania. Mother was not contacted by Father. ODA!.A V'('! HKICdN )G171 e Y3! 3 3 On July 24, 2004, Mother made her first effort to locate and contact Father since she had no local telephone number or address. Her daily calls to the local military personnel were initially fruitless. Finally, on August 3, 2004, Father placed a call to Mother's residence. Mother's boyfriend, Dino Corrado, accepted the call, informed Father that Mother was at work, and suggested to Father that he call her there. Father provided no telephone number or address at that time. Mother did not hear from Father. On August 9, 2004, Mother called the Commander of the local military depot and later that same day Father called Mother and provided her with his address and telephone number. Mother asked Father if lie was coming for Alohi. Father responded by saying he did not want her. On August 10, 2004, Father made a complete tum-around and informed Mother that he would pick Alohi up on August 28, at noon. I le spoke with Alohi for the first time since July 8, 2004. On August 21, 2004, 13ritney and Sarah visited with their Mother for the first time since their return to Pennsylvania. On August 22, 2004, Father informed Mother that lie did not want Alohi and suggested that Mother do what she had to do. On August 24, 2004, Mother filed for a modification of the child support order with the understanding that Alohi would be living with her. On August 27, 2004, Mother left her part-time job with Federal Express, given the fact that she would have primary physical custody of Alohi and would no longer be able to maintain her full-time employment with Erie Insurance Company and her part-time job. I x? ::ODAIAU'CIXX'S?f?CSillG93a13 '? On August 28, 2004, Mother enrolled Alohi in the Central Dauphin School District. Until late August, notwithstanding prior conversations, Mother was prepared to and intended to return Alohi to her Father, however, he ultimately made it clear that he did not want her back. That is what prompted her to file the Petition to Modify custody, which she did on September 16, 2004. II. Current Issues The central issue in this case is whether Mother will retain primary physical custody of Alohilani or if Father will resume primary physical custody. Depending upon the determination of that issue, the arrangements for partial physical custody of all three children will need to be adjusted accordingly. III. Witnesses A. Lhsa Maldonado. Ms. Maldonado will testify regarding the aforementioned history and why she wishes to retain primary physical custody Alohilan B. Dino C. Corrado. Mr. Corrado is Ms. Maldonado's boyfriend. Although they have never lived together, they have continued in their relationship for approximately five (5) years. Mr. Corrado will testify regarding his background and employment, what he perceives to be his role in the lives of the girls, what he has observed concerning Alohi and the interaction and relationship between Mother and daughter and the relationship he has established with Alohilani. C. Linda Clouser. Ms. Clouser is an acquaintance of both parties and a long-time friend of Mother. She is a widow with two adult children. Ms. Clouser has provided childcare for Alohi since her return from California and will testify regarding the interaction she has observed between Alohi and Mother. She will also testify regarding Alohi's behavior. D. Stefanie Bucher - (Director of Stepping Stone, Inc.) Ms. Bucher is the director of the daycare center which provides daily care for Alohi before and after school. Ms. Bucher will testify regarding her observations of Alohi as to behavior, interaction with other children and related matters. E. I.auren Kennihan. Ms. Kennihan is Alohi's teacher at Northside Elementary School. She will be unavailable for the hearing due to holiday travel but has provided a letter regarding Alohi for the Court's review. :ODhU'J'C :7p('SJ)CX'SJ 149343 IV. Proposed Resolution The parties will have shared legal custody of Britney, Sarah and Alohilani. 2. Mother will have primary physical custody ofAlohilani. 3. Father will have primary physical custody of Britney and Sarah. 4. The children will be together each weekend alternating between parents. 5. The children will be with Mother on Mother's Day and with Father on Father's Day. 6. Each party will have two (2) weeks of summer vacation. The girls will be together for each week of vacation. New Year's Day, Easter, Memorial Day, 4°t of July, and Labor Day will be alternated. 8. The Thanksgiving holiday period will be divided equally and alternated. The Christmas holiday period will be divided equally and alternated. Respectfully submitted, Date: December,, , 2004 GOLD D)BERG ATZMAyN IP.C. Paul J. pos' Attorney I.D. 925454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Attorney for Defendant/Petitioner ODMA WCI )OCSP OCS 11a934 3 dr CERTIFICATE OF SERVICE On this 0" day of December, 2004, I certify that the foregoing document was served upon the following counsel of record by mailing a copy of same via first class mail, addressed as follows: Lisa M. Coyne, Esquire Coyne R Coyne 3901 Market Street Camp Hill, PA 17011 GOLDBERG KATZMAN, P.C. G' Paul J. Espos' Supreme Court ID #25454 Attorneys for Defendant/Petitioner ifs p ? • ? ? ' µ! r? y ? s 4 t r r. r ; + jy 1 ;;i 1 > pc t r ? .? ? .1 crr , ? 5 l P .. s ct 01 camp Hill; PA 170114227, .: (717)737 4W , , ht. ° 4 ' r 11 {I 6• " i y ? >f , ,4r ra 1 r? . .p, t I JOSE A. MALDONADO, JR., Plaintiff/Respondent V. LISA K. MALDONADO, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 98-7213 CIVIL CIVIL ACTION - LAW IN CUSTODY PLAINTIFF/RESPONDENT'S PRE-TRIAL MEMORANDLiM 1. Procedural and Factual History: The parties were married on February 6, 1988 and three daughters were born of the marriage: Britney, born September 24, 1990; Sarah, born May 13, 1993; and Alohilani ("Alohi" ), born July 8, 1996. During the marriage, Father was the primary caregiver for the children. In 1998, Mother advised the Father that she was moving from the marital residence and did not want custody of the children who were then 8, 5, and 2 years old. The parties were eventually divorced on April 6, 1999. Despite Mother's lack of interest in the children, Father repeatedly encouraged Mother to maintain contact with the young daughters however, Mother would often agree to visitation and then refuse visitation or suddenly cancel visitation with the children at the last minute. During one of Mother's visitations with the three children, Sarah was injured when Mother twisted Sarah's wrist, but then did not seek medical treatment. Father took Sarah for medical examination at which time the examining doctor reported the injury and incident to Children and Youth. Father was then interviewed by Children and Youth. It was determined that Sarah was injured while in Mother's care. Mother was directed to seek parenting classes and training which Mother attempted to do prior to Father and children's relocating to California. In July 2000, Father and his minor daughters moved to California due to Father's reassignment with the United States Marine Corps. In December 2000, however, Father and children returned to Pennsylvania for a visit and for Father's marriage to Denise Maldonado. Since moving to California, Father and Denise Maldonado, have kept Mother apprised of all developments concerning the minor children. Father has repeatedly encouraged Mother to exercise her visitation options with the children throughout the year; however, Mother would often promise the children a scheduled visit, but then at the last minute cancel. After four years stationed in California, and following Father's return from military service in Iraq, Father selected a new assignment to New Cumberland Army Depot, New Cumberland, Pennsylvania. Of all the military re-assignments available to him, Father chose the New Cumberland Army Depot in an effort to return to Pennsylvania afford the children with more regular contact with the Mother. Father advised Mother of the relocation to Pennsylvania for late summer 2004 and asked if Mother would assist Father with the move whereby Mother would temporarily have visitation of the youngest child, Alohi, until the Father and the entire family could travel cross country and secure permanent military housing. Mother agreed and came to California and Mother and Alohi flew back to Pennsylvania on July 8, 2004. Father and family arrived in Pennsylvania on July 22, 2004 and attempted to reach Mother: however, calls to Mother's residence went unanswered. Father continued to try to reach Mother and Alohi, until finally "'Dino" answered the telephone at Mother's residence and i? i? told Father that Mother was at work and Alohi were not there. Father asked "Dino" I'm Mother's work telephone number, but "Dino" indicated that be did not know it. Father then asked that Mother contact him. Meanwhile, on August 15, 2004, Father and family moved into their current residence (1064 Tunberry Court, Hampden "Township, Mechanicsburg) after residing in a hotel until their housing became available. During this time Father was finally able to speak to Alohi and the Mother. Father and Mother agreed for Alohi to stay with Mother until Father's household goods and furniture were delivered to their new residence and Mother and Father coordinated fix Brittney and Sarah to visit with Mother. Mother and Father agreed Ilia( Father would pick-up Alohi on August 28, 2004. -Although the agreement was fix Mother to have temporary visitation with Alobi until August 28, 2004, Mother filed a petition fix Reduction in child support on August 24, 2004 with Dauphin County Domestic Relations Office ("DRO"). Mother did not provide Dauphin County DRO with Father's current Pennsylvania address to ensure notification of the Support Conference and consequently, the notice went to father's expired California address. Apparently, Mother and her counsel appeared at the Dauphin County Support Conference on October 13, 2004, however, Father did not appear because he did not have notice and Mother's Child Support Obligation was suspended. Notwithstanding the fact that Mother filed Gx reduction of Support on August 24, 20(}4, Mother then advised Father that she would not return the child to Father as the parties' bad agreed. Instead, Mother apparen ly filed Gn Modification in Custody on Septemlx'r 16, 2(X)4. .?( Prior to receipt of the notice of the custody modification petition, Father had attempted to resolve the custody dispute directly with Mother. Upon receipt of the Petition to Modify Custody, Father tiled an Answer to the petition and attended the Pre-Hearing Custody Conference with Attorney Gilroy. At the Conference, Father again reiterated his position that the agreement reached with Mother was temporary and that the child needs counseling which the Mother refuses to acknowledge, nor undertake. An interim Order was entered and the parties requested a Custody Hearing to address the return of Alohi to Father's primary physical custody and the reuniting of the three siblings. 11. Current Issues: Whether Mother should be directed to return Alohi to primary physical custody of the Father as the parties had agreed as it is in the best interest of the child not to be separated from her siblings; nor her siblings from her when the children have never been separated and where Father has been the primary care giver and custodial parent for the children and where the child, while in Mother's custody, is placed in care of person's other than Mother on regular basis. Furthermore, Alohi has exhibited need for counseling which Mother refuses to acknowledge and has not sought appropriate care. Ill. Witness: a. Jose Maldonado. Father will testify as to his observations, beliefs and recommendations on the best interest of the child and why the best interest is for the child to be returned to the primary physical custody of Father and that Father will afford Mother and child with regular periods of visitation, but at the same time the child will have the stability of the intact family unit which the child and her siblings have only known since Mother abandoned the children in 1998. 4 i c, b. Denise Maldonado. Mrs. Maldonado is married to Father. She will testify to her involvement with the parties' children, her interaction with Mother, her observations of both parents' ability to provide a stable nurturing environment for the children. She will testify as to her observations concerning the child both prior to the temporary custody of Mother and since. She will also testify concerning the observations concerning the child and her siblings since they is have been separated. She will also testify concerning conversations with Mother concerning the children for the last four years to date. i C. Maldonado children. It is appropriate for tite Court to speak with not only Alohi, but with all three Maldonado children concerning Mother's claim tier primary physical custody of Alohi which has resulted in the separation of the children. d. Allisha Hamilton and Jessica Hamilton. Allisha and Jessica Hamilton are ^ i' children of Denise Maldonado and part of the blended Maldonado family. Allisha is 15 years' old and Jessica is 12 years old and have lived with the Maldonado children since December 2000. It is appropriate for the Court to speak with the step-siblings concerning (heir observations of how the separation has affected their sisters, Britney, Sarah, and Alol i. The Father has retained the services of Dr. Pauline Wallin to provide counseling for Alohi. FATHER'S POSITION CONCERNING CUSTODY Father requests that Mother return child to Father as the parties agreed during the summer. Father would never have even contemplated permitting Alohi ur return hr Pennsylvania with Mother, if it was Mother's intent that the three sisters to he scp;trated ou a permanent basis. Father has been the primary caretaker for Alohi since the Mother departed in 1998. As the primary caregiver for Alohi since birth he is in befit position to identify and seek the treatment and counseling which Alohi requires. Father pmPWcs that he maintain the S primary physical custody of Alohi. Father and Denise Maldonado will continue to provide Alohi and the children with permanent family supervision after school and there is no need for daycare or after schcol babysitting because Denise Maldonado does not work outside they home. Father proposes, at a minimum, alternating weekends with the Mother and Alohi and the two other siblings and at other times where Mother could have one-on-one time with Alohi i and/or the other children as required or desired. uRespectfully submitted, COYNE AND COYNE, P.C. By• ?? ? ?- t Date Z? Dfc ?? sa Marie Coy te, Esquire a6S preme C . No 53788 391 Markct Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff/Respondent 0 CERT'IFIC'ATE OF Sl;RVICF. I, Lisa Marie Coyne. ol'Coyne & Coyne, P.C., hereby certify that true copy of the Foregoing Pre- Trial Memorandum was served this date upon the below-relcrenced individuals at the below listed address by way of first class mail, postage pre-paid and Facsimile: Paul J. Esposito, Esquire Goldberg Katzman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-6806 (Facsimile) Dated: {7C _ n ?a Marie C.'oyn V-- a s COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS A,r LAW Henry 1". Coyne Lisa Marie Coyne Austin F. Grogan Sharon F. Clark :3')01 Nlarket Street Cvnp Hill, Pennsylvania 1-1011-4227 717.737.0461 Fax: 717-737-5161 The Ionorable Edward I:. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Dear Judge Guido: December 26. 2004 Re: Njal(lona(io v. Maldonado No. 98- 7213 Custody We represent the Plaintiff/Respondent in the above-referenced custody matter scheduled for a hearing with your Honorable Court on Wednesday, December 29, 2004. Unclosed please find an original and two (2) copies of Plaintiff/Respondent's Pre-Trial Memorandum for your consideration. Respectfully submitted: COYNE & COYNE, P.C. _ i?j ? Y I 'saCK. k Marie Coy, LMC.'/cntc 1-nelosure i? i? ?J Cc: Paul J. Esposito, Esquire, w/encl. (via fax and first class mail) Mr. Jose Maldonado, w'/encl. camp twit rA 17U11-4zz7 "' "(717)_737-046¢ ` -, A Y J?f rp f 1 f Ft 4? 1 <t t?I ?'. r p x G ? . ? ,yk 4" : 1 ry, r \ ! '4 Y r JOSE A. MALDONADO, JR., Plaintiff/Respondent N. LISA K. MALDONADO, Defendant/Petitioner IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 98-7213 CIVIL CIVIL ACTION - LAW IN CUSTODY PLAINTIFF/RESPONDENT'S PRE-TRIAL MEMORANDUM 1. Procedural and Factual History: The parties were married on February 6, 1988 and three daughters were born of the marriage: Britney, born September 24, 1990; Sarah, born May 13, 1993; and Alohilani (`Alohi"), born July 8, 1996. During the marriage, Father was the primary caregiver for the children. In 1998, Mother advised the Father that she was moving from the marital residence and did not want custody of the children who were then 8, 5, and 2 years old. The parties were eventually divorced on April 6, 1999. Despite Mother's lack of interest in the children, Father repeatedly encouraged Mother to maintain contact with the young daughters; however, Mother would often agree to visitation and then refuse visitation or suddenly cancel visitation with the children at die last minute. During one of Mother's Visitations with the three children, Sarah was injured when Mother twisted Sarah's wrist, but then did not seek medical treatment. Father took Sarah for medical examination at which time tie examining doctor reported the injury and incident to Children and Youth. Father was then interviewed by Children and Youth. It was determined that Sarah was in.jured while in Mother's care. Mother was directed to seek parenting classes and training which Mother attempted to do prior to lather and children's relocating to California. In July 2000, Father and his minor daughters moved to California due to Father's reassignment with the United States Marine Corps. In December 2000, however, Father and children returned to Pennsylvania for a visit and for Father's marriage to Denise Maldonado. Since moving to California, Father and Denise Maldonado, have kept Mother apprised of all developments concerning the minor children. Father has repeatedly encouraged Mother to exercise her visitation options with the children throughout the year; however, Mother would often promise the children a scheduled visit, but then at the last minute cancel. After four years stationed in California, and following Father's return from military service in Iraq, Father selected a new assignment to New Cumberland Army Depot, New Cumberland, Pennsylvania. Of all the military re-assignments available to him, Father chose the New Cumberland Army Depot in an effort to return to Pennsylvania afford the children with more regular contact with the Mother. Father advised Mother of the relocation to Pennsylvania for late summer 2004 and asked if Mother would assist Father with the move whereby Mother would temporarily have visitation, of the youngest child, Alohi, until the Father and the entire family could travel cross country and secure permanent military housing. Mother agreed and came to California and Mother and Alohi flew back to Pennsylvania on July S, 2004. ?• Father and family arrived in Pennsylvania on July 22, 2004 and attempted to reach Mother; however, calls to Mother's residence went unanswered. Father continued to try to f ? reach Mother and Alohi, until finally "Dino" atrSVlered the telephone at Mother's residence and +•ti told Father that Mother was at work and Alohi were not there. Father asked "Dino" for Mother's work telephone number, but "Dino" indicated that he did not know it. Father then asked that Mother contact him. Meanwhile, on August 15, 2004, Father and family moved into their current residence (1064 Tunberry Court, Hampden Township, Mechanicsburg) after residing in a hotel until their housing became available. During this time Father was finally able to speak to Alohi and the Mother. Father and Mother agreed for Alohi to stay with Mother until Father's household goods and furniture were delivered to their new residence and Mother and Father coordinated for Britney and Sarah to visit with Mother. Mother and Father agreed that Father would pick-up Alohi on August 28, 2004. Although the agreement was for Mother to have temporary visitation with Alohi until August 28, 2004, Mother filed a Petition for Reduction in child support on August 24, 2004 with Dauphin County Domestic Relations Office ("DRO"). Mother did not provide Dauphin County DRO with Father's current Pennsylvania address to ensure notification of the Support Conference and consequently, the notice went to Father's expired California address. Apparently, Mother and her counsel appeared at the Dauphin County Support Conference on October 13, 2004, however, Father did not appear because lie did not have notice and Mother's Child Support Obligation was suspended. Notwithstanding the fact that Mother filed for reduction of Support on August 24, 2004, Mother then advised Father that she :would not return the child to Father as the parties' had agreed. Instead, Mother apparently filed f()r Modification in Custody on September 16, 2004. y.; h Prior to receipt of the notice of the custody modification petition, Father had attempted to resolve tie custody dispute directly with Mother. Upon receipt of the Petition to Modify Custody, lather filed an Answer to the Petition and attended the Pre-Bearing Custody Conference with Attorney Gilroy. At the Conference, Father again reiterated his position that the agreement reached with Mother was temporary and that the child needs counseling which the Mother refuses to acknowledge, nor undertake. An interim Order was entered and the parties requested a Custody Hearing to address the return of Alohi to Father's primary physical custody and the reuniting of the twee siblings. Ii. Current Issues: Whether Mother should be directed to return Alohi to primary physical custody of the Father as the parties had agreed as it is in the best interest of the child not to be separated from her siblings; nor her siblings from her when the children have never been separated and where Father has been the primary care giver and custodial parent for the children and where the child, while in Mother's custody, is placed in care of person's other than Mother on regular basis. Furthermore, Alohi has exhibited need for counseling which Mother refuses to acknowledge and has not sought appropriate care. Witness: a. Jose Maldonado. Father will testify as to his observations, beliefs and recommendations on the best interest of the child and why the best interest is for the child to be returned to the primary physical custody of Father and that Father will afford Mother and child with regular periods of visitation, but at the same time the child will have the stability of the intact family unit which the child and her siblings have only known since Mother abandoned the children in 1998. a ,; b. Denise Maldonado. Mrs. Maldonado is married to Father. She will testify to her involvement with the parties' children, her interaction Nvith Mother, her observations of both parents' ability to provide a stable nurturing environment for the children. She will testify as to her observations concerning the child both prior to the temporary custody of Mother and since. She will also testify concerning the observations concerning the child and her siblings since they have been separated. She will also testify concerning conversations with Mother concerning the children for the last four }ears to date. C. Maldonado children. It is appropriate for the Court to speak with not only Alohi, but with all three Maldonado children concerning Mother's claim for primary physical custody of Alohi which has resulted in the separation of the children. d. Allislta Hamilton and Jessica Hamilton. Allisha and Jessica Hamilton are children of Denise Maldonado and part of the blended Maldonado family. Allisha is 15 years old and Jessica is 12 years old and have lived with the Maldonado children since December 2000. It is appropriate for the Court to speak with the step-siblings concerning their observations of how the separation has affected their sisters, Britney, Sarah, and Alohi. The Father has retained the services of Dr. Pauline Wallin to provide counseling for Alohi. FATHER'S POSITION CONCERNING CIISTODI' Father requests that Mother return child to Father as the parties agreed during the summer. Father would never have even contemplated permitting Alohi to return to Pennsylvania with Mother, if it was Mother's intent that the three sisters to be separated on a permanent basis. Father has been the primary caretaker for Alohi since the Mother departed in 1998. As the primary caregiver for Alohi since hirth lie is in hest position to identify and seek the treatment and counseling \+'hich Alohi requires. Father proposes that he maintain the 5 primary physical custody of Alolri Father and Denise Maldonado will continue to provide Alohi and the children with permanent family supervision after school and there is no need for daycare or after school babysitting because Denise Maldonado does not work outside the home. Father proposes, at a minimum, alternating weekends with the Mother and Alohi and the two other siblings and at other times where Mother could have one-on-one time with Alohi and/or the other children as required or desired. Respectfully submitted, COYNE AND COYNE, P.C. Date 26 By- ja.01 a Marie Coy te, Esquire Supreme C . No 53788 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Anorney,for Plaintiff/Respondent 0 CERTIFICATE OF SERVICE 1, Lisa Marie Cowie, of Co)9te S Coyne, P.C., hereby certify that true copy of the foregoing Pre- Trial Memorandum was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid and Facsimile: Paul J. Esposito, ]-squire Goldberg Katzman, P.C. 320 Market Street P.O. Boa 1265 Ji=isburg, PA 17105-1265 (717) 234-6506 (Facsimile) Dated: 6 oea y 6L a Marie Coyn ? 3i ? R fv?^nr. r r ? 11 ? '7S ?4 ?? " . w ft 'a Gt v , r ? if :?Ir ?r?i ??. th}fr ?vp , ? a r ° u !r ? Sb SA ??? rv?4 ?C1AKS?9 I ?ti Y ui Y ? I a' (? ? C °JrN1Y ? w?i .r Y1 w ' _ n Ir h p ?''•??z 1?ti ?'C???< r i r y' ,?k JOSE A. MALDONADO, JR., Plaintiff/ R e s p o n d e n t V. LISA K. MALDONADO, Defendant/Petitioner IN TILE COURT Op COMMON PLEAS CUMBERLAND COUNTY, PHNNSYI.VANIA NO 99-7213 CIVIL CIVIL, ACTION - LAW IN CUSTODY PLAINTIFF/RESPONDENT" S PRE-TRIAL MEMORANDUM 1. Procedural and Factual INS1 r : The parties were married on February 6, 1988 and three daughters were born of the marriage: Briutey, born September 24, 1990; Sarah, born May 13, 1993; and Alohilani ("Alohi"), born July 8, 1996. During the marriage, Father was the primary caregiver for the children. In 1998, Mother advised the Father that she was moving from the marital residence and did not want custody of the children who were then 8, 5, and 2 years old. The parties were eventually divorced on April 6, 1999. Despite Mother's lack of interest in the children, Father repeatedly encouraged Mother to maintain contact with the young daughters; however, Mother would often agree to visitation and then refuse visitation or suddenly cancel visitation with the children at the last minute During one of Mother's visitations with the three children, Sarah was injured when Mother twisted Sarah's wrist, but then did not seek medical treatment. Father took Sarah for medical examination at which time the exanllmng doctor reported the igjurY and incident to Children and Youth. Father was then interviewed by Children and Youth. It was determined I. ?. that Sarah was injured while in Mother's care. Motile was directed to seek parenting classes 1!, and training which Mother attempted to do prior to I albcr and children's relocating to California. In July 2000, Father and his minor daughters moved to California due to Father's 1 t, reassignment with the United States Marine Corps. In December 2000, however, Father and children returned to Pennsylvania for a visit and for Father's marriage to Denise Maldonado. Since moving to California, Father and Denise Maldonado, have kept Mother apprised of i all developments concerning the minor children. Father has repeatedly encouraged Mother to F exercise her visitation options with the children throughout the year; however, Mother would +I often promise the children a scheduled visit, but then at the last minute cancel. (. After four years stationed in California, and following Father's return front military service in Iraq, Father selected a new assignment to New Cumberland Army Depot, New i Cumberland, Pennsylvania. Of all the military re-assignments available to hint, Father chose the New Cumberland Arnty Depot in an effort to return to Pennsylvania afford the children will, ?y more regular contact with the Mother. Father advised Mother of the relocation to Pennsylvania for late summer 2004 and asked if Mother would assist Father with the move whereby Mother would temporarily have visitation of the youngest child, Alohi, until the Father and the entire family could travel cross country and secure permanent military housing. Mother agreed and 1 carte to California and M01her :md Alohi flew back to Pennsylvania on July 8, 2004. h Father and family arrived in Pennsylvania on July 22, 2(H)4 and attempted to reach t! Mother; however, calls to Mother's residence went unanswered. Father continued to try to r- reach Mother and Alohi, until finally .,Dino" answered the telephone at Mother's residence and i i 1 4, f: S? told Father that Mother was at work and Alohi were not there. Father asked "Dino" for Mother's work telephone number, but "Dino" indicated that he did not know it. Father then asked that Mother contact hint. Meanwhile, on August 15, 2004, Father and family moved into their current residence (1064 Tunberry Court, liantpden'T'ownship, Mechanicsburg) after residing in a hotel until their housing became available. During this tine Father was finally able to speak to Alohi and the Mother. Father and Mother agreed for Alohi to stay with Mother until Father's household goods and furniture were delivered to their new residence and Mother and Father coordinated for Britney and Sarah to visit with Mother. Mother and Father agreed that Father would pick-up Alohi on August 28, 2004. Although the agreement was for Mother to have temporary visitation with Alohi until August 28, 2004, Mother filed a Petition for Reduction in child support on August 24, 2004 with Dauphin County Domestic Relations Office ("DRO"). Mother did not provide Dauphin County DRO with Father's current Pennsylvania address to ensure notification of the Support Conference and consequently, the notice went to Father's expired California address. Apparently, Mother and her counsel appeared at the Dauphin County Support Conference on October 13, 2004, however, Father did not appear because he did not have notice and Mother's Child Support Obligation was suspended. Notwithstanding the fact that Mother filed for reduction of Support on August 24, 2004, Mother then advised Father 11,111 sltc would not return the child to Father as the parties' had agreed. Instead, Mother apparently filed for Modification in Custody on September 16, 2004. I y: Prior to receipt of the notice of the custody modification petition, Father had attempted to resolve si the custody dispute directly with Mother. 1. Upon receipt of the petition to Modify Custody, Father filed an Answer to the Petition and attended the Pre (leaning Custody Conference with Attorney Gilroy. At the Conference, Father again reiterated his position (flat the agreement reached with Mother was temporary and that the child needs counseling which the Mother refuses to acknowledge, nor undertake. An j interim Order was entered and the parties requested a Custody Ifearing to address the return of Alohi to Father's primary physical custody and the reuniting of the three siblings. H. Current Issues: Whether Mother should be directed to return Alohi to primary physical custody of the Father as the parties had agreed as it is in the best interest of the child not to be separated from her siblings; nor her siblings from her when the children have never been separated and where Father has been the primary care giver and custodial parent for the children and where the child, while in Mother's custody, is placed in care of person's other than Mother on regular basis. Furthermore, Alohi has exhibited need for counseling which Mother refuses to acknowledge and has not sought appropriate care. Ill. Witness: a. Jose Maldonado. Father will testify as to his observations, beliefs and recommendations nn the best interest of the child and why the best interest is for the child to be returned to the primary physical custody of Father and that Father will afford Mother and child with regular periods of visitation, but at the same time the child will have the stability of the intact family unit which the child and her siblings have only known since Mother abandoned the children in 1998. 4 b. Denise Maldonado. Mrs. Maldonado is married to Father. She will testify to her involvement with the parties' children, her interaction with Mother, her observations of'both parents' ability to provide a stable nurturing environment for the children. She will testify as to her observations concerning die child both prior to the temporary custody of Mother and since. She will also testify concerning the observations concerning the child and her siblings since they have been separated. She will also testify concerning conversations with Mother concerning the children for the last four years to date. C. Maldonado children. It is appropriate tor the Court to speak with not only Alohi, but with all three Maldonado children concerning Mother's claim fix primary physical custody of Alohi which has resulted in the separation of the children. d. Allisha Hamilton and Jessica Hamilton. Allisha and Jessica Hamilton are children of Denise Maldonado and part of the blended Maldonado family. Allisha is 15 years old and Jessica is 12 years old and have lived Willi the Maldonado children since December 2000. It is appropriate for the Court to speak with the step-siblings concerning their observations of how the separation has affected their sisters, I3ritney, Sarah, and Alohi. The Father has retained the services of Dr. Pauline Wallin to provide counseling for Alohi. FAT mWs POSITION CONCEi2NING CUSTODY Father requests that mother return child to Father as the parties agreed during the sununer. Father would never have even contemplated permitting Alolni to return to pennsylvania With Mother, if, it was Mother's intent that the three sisters to be separated on a permanent basis. Father has been the primary caretaker for Alohi since the Mother departed in 1998. As the primary caregiver for Mold since hirth ire is in hest position to identify and seek the ueaunent and counseling which Alohi requires. Father proposes that lie maintain the 5 primary physical custody of Alohi. Father and Denise Maldonado will continue to provide Alohi and the children with permanent family supervision after school and there is no need for daycare or after school babysitting because Denise Maldonado does not work outside the home. Father proposes, at a minimum, alternating weekends with the Mother and Alohi and the two other siblings and at other times where Mother could have one-on-one time with Alolti and/or the other children as required or desired. Date 26QeM,-&4 _ Respectfully submitted, COYNE AND COYNE, P.C. By ?---- I sa Marie Coy le, Esquire 'a. Supreme C . No 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 AttaAey,for Plarntrff/Respondent 0 CERT'IFIC'A'T'E, OF SF.RVIC E I, Lisa Mane Coyne, ofC'oyne . Coyne, P.C., hereby eertil'y that true copy oI'IIle lolegoing Pre- 'T'rial Memorandum was served Ibis dale upon Ills below-referenced individuals at the below listed address by way of first Class mail, postage pre-paid and Facsimile: Paul I. F,,sposito, Fsquire Goldberg Katzman, P.C. 320 Market Street P.O. Box 1268 Ilarrisburg, PA 17108-1268 (717) 234-6806 (Facsimile) Dated: r- L' aMarie Coyn JOSE A. MALDONADO, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA VS. NO.98-7213 CIVIL Term LISA K. MALDONADO, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF NOTICE OF COUNSELING I, LISA K. MALDONADO Defendant, beinsc duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. I understand that the court maintains a liat of marriage counselors in the Domestic Relations Office, which lint is available to me upon request. 3. Heins ac arlviped, 1 do not request that the court require that my :spouse and 1 participate in counaelinti prior to a divorce decree being handed down by the Court. I understand that fare statements herein are made subject to the penalties of 113 Pa. C.S_ #4904 relating to unsworn falsification to authorities. Defendant v # 40 ?? ? a? ?, 3OSE A. MALDONADO,.iR., : IN THE. COURT OF COMMON PLEAS OF Ilaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO. 98-7213 CiViL TER1I LISA K. MALDONADO, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW, this ? day of v??""?? 1999, upon consideration of the attached Petition and Agreement and Stipulation of the parties, it is hereby ORDERED as follows: 1. The Plaintiff, Jose A. Maldonado, shall have custody of the parties' three (3) minor children: Britney Maldonado, born September 24, 1990; Sarah Maldonado, born May 13, 1993; and Alohilani Maldonado, bom July S, 1996. 2. Mother shall have periods of partial custody and visitation with the minor children as the parties shall agree with due consideration given to both parents' work schedule and the school and after- school activities of the children. 3. Father, who is on Active Military Duty with the United States Marine Corps is currently stationed in Mechanicsburg, Pennsylvania, shall provide Mother with advance notice of any relocation required by way of his military employment obligation. BY TI-11 COURT: J. cc: Lisa Marie Coyne. Fsquirc Attorney For I'iaintiff Lisa K, Maldonado, Defendant Michael L. Bangs. I'Squire Custody Conciliator 6 JOSE A. MALDONADO,.iR., Plaintiff VS. LISA K. MALDONADO, Defendant : IN TIIF, COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-7213 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND DIVORCE PETITION FOR ISSUANCE OF A CUSTODY ORDER To The Honorable, Judges of Said Court: AND NOW COMES the Plaintiff, Jose A. Maldonado, Jr., by and through his attorney, Lisa Marie Coyne, Esquire, and files file within Petition For Issuance of a Custody Order and avers the following in support thereof. 1. On December 23, 1998, Plaintiff, Jose A. Maldonado, Jr., filed a Complaint in Custody and Divorce with this Honorable Court. 2. On December 28, 1998, service of Complaint in Custody and Divorce was made upon Defendant, Lisa K. Maldonado. 3. The parties are the natural parents of I3ritney Maldonado, born September 24, 1990; Sarah Maldonado, born May 13, 1993; and Alohilam Maldonado, born July 8, 1996. 4. 7lte children are presently in the custody of Plaintiff Father, who resides at Quarters Z10, Edson Drive, Mechanicsburg Navy Depot, Mcchanicshurg, Pennsylvania. 5. The parties separated on or about October 25, 1998 whereby the Defendant left the marital residence leaving Plaintiff with the custody and care of all the children. 6. The parties have hereto entered into a Stipulation and Agreement concerning the custody of their minor children and that Agreement is attached hereto as Exhibit "A". 7. llae parties desire a Custody Order be issued pursuant to their Agreement and Stipulation. WHEREFORE, Plaintiff and Defendant respectfully request the Court to grant custody of the minor children to Plaintiff with periods of visitation to the Defendant as outlined and agreed to in the attached Stipulation. Respectfully submitted: COYNE & COYNE, P.C. Dated: // %A /? 99 G l? ?' } i A MARIE COYNE, 'QUIRE 01 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53758 Attorney for Plaintiff 1' JOSE A. MALDONADO, JR. Plaintiff VS. LISA K. MALDONADO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-7213 CIVIC. TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CUSTODY AGREEMENT AND STIPULATION AND NOW THIS day of __r) la?A 19q, the undersigned hereby stipulate and agree to the following custody arrangement: The parties are the natural parents of Britney Maldonado (DOB: 9/24/90); Sarah Maldonado (DOB: 5/13/93); and Alohilani Maldonado (DOB: 7/8/96). 2. The parties agree that it is in the best interest of their children to have a stable home setting and to have maximum contact with the non-custodial parent with due consideration given to the both parent's work schedule and the school and after school activities of the children. 3. The best interest of the children is served by the Plaintiff, the Father, having custody of the three children with the Defendant, the Mother, having periods of partial custody as may be accomplished due to mother's work schedule and employment demands. 4. Mother shall have periods of partial custody as the parties shall agree. 5. The parties realize that Father is on active military duty with the United States Marine Corps and is currently stationed in Mechanicsburg, Pennsylvania and that Father may from time to time have a change in his duty station assignment/location. Father agrees that he will provide Mother with ly i advance notice of any move required by his military employment obligation. C. 71te parties hereby stipulate and direct that this Custody Agreement and Stipulation shall be incorporated into a Custody Order issued by this Honorable Court. IN WITNESS WHEREOF, the parties intending to be bound hereto have set their hands and seals the day and year first above written. a Witness UbA &- N ALDONADO, (Mother) CERTIFICATE OF SERVICE Lisa Marie Coyne, 1' squire, hereby certify that true copy of Plaintit'i's Petition for issuance of a Custody Order was served this date upon the below-referenced individuals by at the below listed address by way First class mail, postage prepaid: Lisa K. Maldonado 263A N. Arlington Avenue Harrisburg, PA 17109 Dated:- // 741rrlt 9 SA MARIE COY :, GSQUIRIs Previous Image Rto correct Possible Error wn \\.. CERTIFICATE OF SERVICE 1, Lisa Marie Coyne, Esquire, hereby certify that true copy of Plaintiffs petition for Issuance of a Custody Order was served this dale upon the below-referenced individuals by at the below listed address by way First class mail, postage prepaid: Lisa K. Maldonado 263A N. Arlington Avenue Harrisburg, PA 17109 Dated: !/ TAPrf`z 9 SA MARIE CO 1 SQUIRE ;,, ,_ ?: ,; JAN 1 9 1999 . JOSE A. NIAI.DONADO, .IR. 1 Plaintiff ) VS. I LISA K. MALDONADO ) Defend:mt ) IN,I,I IF. C'OUIt'I't)F COMMON PLFAS OF 0 I1\411FRI.AND COUNTY. ITNNSYLVANIA NO. 98-7213 CIVIL TERM CIVI1, ACTION - CtISTODY ORDER AND NOW this /S ?/- _ clay of d'?- - . 1999, it being reported to the Conciliator that the parties have reached an agreement which makes further proceedings unnecessary, the undersigned Conciliator hereby relinquishes _jurisCliction and returns the matter to the Court Administrator. Ifeither of the parties wishes further proceedings in this action, they should petition the Court :mew. cc: Lisa M. Coyne. I{squire Nirs. Lisa K. \l:ddottadu FOR THE COURT, r? Custody Conciliut( {ei Co> :?i :?? •:?? ;oi •:?:• ? o L?: o ?: ;? a :?`_:e•. .;e•. ' . _ - - ';i, i. ZT so IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY is ({7(J STATE OF tk x'; PE ?lNA. t 0 JOSE.A. MALDONADO, JR., Ali 9877213 Civil..Term Plaintiff w a; a, LISA K. MALDONADO, 6 Defendant i `I (()) DECREE I N 111 DiV0RR..,. o; 19 F? it is ordered and ° AND NOW, ........?'. p' .....' ..... ... Plaintiff, decreed that .....JOSE.A...MALDONADO., ,JR.. defendant, and ..LISA .K.. MALDONADO.. e are divorced from the bonds of matrimony. ;••• The court retains jurisdiction of the tollovying claims whir_h have been raised of record in this action for which a final order has not yet o been entered; None. The Marriage Settlement Agreement,, dated. Febr.uary.9,_.1.999,.•, f } is. incorporated but not merged into. t1' nal.Decree..In..... Divorce. ) A 1' c T e r Prothon«lary t - - C?; :?> :oi :?: s` :e: :+: A': ;e; A: :e; :C. w: .*: •:ei {?:S!i i?:• :?i ij „? 'Ir • i ,4I ti . S I t' r I f ? y r. • { • I t 1 • 7. JOSE A. MALDONADO, JR. Plaintiff VS. LISA K. MALDONADO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-7213 CIVIL TERM CIVIL ACTION - CUSTODY MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 9 ?A day of 19 9 9 , by and between JOSE A. MALDONADO, JR., hereinafter referred to as "Husband", and LISA K. MALDONADO, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on February 6, 1988 in San Diego, California and separated on October 25, 1998; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Lisa Marie Coyne, Esquire, and Wife after having an opportunity to consult with an attorney of her own choosing, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may fiom time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or site were single and unmarried, except as may be necessary to cant' out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarred. 3. !F'IFE'S DEBTS: Wife represents and warrants to Husband that since their separation on or about October 25, 1993 she has not, and in the future she will not, contract of incur by debt or liability for which Husband or his estate might be responsible and shall indemnify, defend and save I Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about October 25, 1998 he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify, defend and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that they have outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement. Husband agrees to be responsible for the payment of the following marital debts: a. Office Max (approximate balance of $1,000.00); b. Loan for Jeep (approximate balance of $6,410.00); c. Post Exchange (DPP) (approximate balance of $1,500.00); and d. Consumer Consolidation Loan (approximate balance of $7,372.00) Wife agrees to be responsible for payment of all remaining marital debt to include the Boscov's Account (approximate balance of $1,000.00) Each party agrees to pay the outstanding marital debts as set forth herein and further agrees to indemnify, defend, save and hold harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. 3 9I 1 6. MUTUAL RELEASE. Subject to the provisions of this Agreement, each party waives his or her right to v alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property and marital debt in 4 accordance with the Pennsylvania Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged the other, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. Section 3501 et. seq., and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, 4 depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the manage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each patty shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assigmnent or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfactic n, all items of tangible and intangible marital property. In particular, Husband shall receive balance of all funds held in the parties' accounts open with the Navy Federal Credit Union and the Marine Corps West Federal Credit Union. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party which is now in the possession and/or under the control of the oilier. 5 Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the i possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension, military pension, military retirement benefits, or other employee benefit plans or retirement benefits of any nature and Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits and waives any present claim, right, title, or interest which the other may have to the other spouse's individual pension, military pension, military retirement benefits, or other employee benefit plans or retirement benefits of any nature and Social Security benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 6 B. TAX hl? 1_ B?LITY.- The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or y; exchange of such property. Each parry promises not to take any position with respect to the 14 adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State i income tax returns. 8. MOTOR VEHICLES: The parties agree that Husband is to receive the 1992 Jeep. y 9. FIEALT? I??NCE: Husband and Wife shall maintain their own individual health, medical, and/or hospitalization insurance. Neither party shall be responsible for any health costs or medical expenses incurred by the other and which are not covered by the said health insurance policy and each party will indemnify and hold harmless the other from any claim put forth in that regard. 10. ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for maintenance or alimony. Husband and Wife waive and relinquish any right to seek from the other any payment for alimony. 7 11. ALIMONY PENDENTE L/TE,_COUN.SEI. FEES. AND F_XPENSF_S: Each party waives any and all claims against the other for alimony pendente lite. Further, each party is responsible for his or her own individual counsel fees and expenses. 12. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 13. WAIVERS OF CLAIMS AGAINST EST.9 TES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right and take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect his mutual waiver and relinquishment of all such interests, rights and claims. 8 ` " " .. 14. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, waivers of notice, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa. C.S.A. Section 3301(c) or (d) in accordance with this agreement. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 15. BREACH AND ENFORCEMEI\'T: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 9 1 6. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. TAXADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accounts, tax advisor, or tax attorney with reference to the tax imphcations of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attomeys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 18. VOL UNTAR F EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 10 4 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa. C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 21. hIODIFICATIONAND {VIAVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LA IV: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or 12 provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27, AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties intending to be bound hereto have set their hands and seals the day and year first above written. fl/r Witness/ JOSE A. MALDONADO, JR. (Husband) Witness LISA K. MALDONADO (Wife) 13 r> r LY_ lf: ' ll? ??. 1. ll Cl. LIJ 1?1'l. '_I_ - CJ C U JOSE. A. MALDONADO, 31t., Plaintiff NIS. LISA K. MALDONADO. Defendant IN '1'111,'COl1RT ol? COMMON PLEAS CUMBERLAND COIINTV, PA NO. 98-7213 CIV11.TER11 : CIVIL AC'T'ION - LAW : IN DIVORCE. PRAE.CIPE TO TRANSMIT RECORD TO TH6 PROTHONOTARY: Kindly transmit the record, together wiUn the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: December 28, 1998 by Certified Mail Restricted Delivery U.S. Postal Service. 3. (Complete either paragraph (a) or (b).). a. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on Mij tz G? C, /P_ 1999: by defendant on Arz,(4 30 , 1999- b. (1) Date of execution of the affidavit required by Section 3301(4) of the Divorce Code: LVIA (2) Date of f iling and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: N1_4 , 1999 by first class mail, posta;;e prepaid. (b) Date plaintiffs Waiver ol'Notice in Section 3301(c) Divorce was filed with tine Prothonotary: ?;Pi '/(f Dme defendant's Waiver of Notice in Section 3301(c) Divorce was filed wills the Prothonotary: Pr A+c Y7 Date: 31N- hw 99 J.1 SA MARIE ('4v, 'F/, E.SQIIIRE l I-' .1 f14fA(,1' for E'?4%llftfr r,_ `r i m k, "im e •J JOSE A. MALDONADO, JR., Plaintiff VS. LISA K. MALDONADO, Defendant IN'l'11E COl)?YT OF COMMON PI-FAS OF CIIMIIF.RLAND COUNTY, PENNSYLVANIA c NO =%a 13 CIVILTHINI c CIVIL ACTION - LAW IN DIVORCE AND CUSTODY ORnEIt O_ F? r 1993, upon consideration of the attached Petition, it is AND NOW, nsel appear before hereby directed that the parties and their respective cou da of the ??_ y o ?t 1 \r \ L `:?? •;' I quire, Custody Conciliator, on _____ ---- o'clock cC In for a Prehearing custody Conference. At cann t be if thi Ft Y ?t?t 19 ?3 , at dispu by issuesCourIII such conference, an effort will be made to to resolve and tto enter intosa temporary accomplished, to define and narrow the issues ear at the Order. All children age five or older may also be present at the conference. Failure to app rovide grounds for entry of a temporary or permanent order. Conference is to be held conference may p _) { at FOR THE COURT By,. Custody Conciliator.l NOT FF Do THE O YOU ICE SET TELEPHON ONCE. E IF YOUR GO TO OR LAWYER AT YOU SHOULD TAKE, THIS PAPER TO ?IAVE A LAWYER OR CANNOT AFFORD ONE, GAL HELP FORTI I BELOW TO FIND OUT WHERE YOU CAN GI T LE. CUMBERLAND COUNTY LAWYI.R REFI:RRAI, SI:RVICG 2 11113F.R7Y AVENUF. CARLISLE, PENN?SYL (NIA 17013 (717) f CC Lisa Marie Coyne, Esquire For Petitioner Lisa K. Maldonado. Defendant Custody Conciliator at t? t. c4ci 42 a4-`d' JOSE A. MALDONADO, .IR., Plaintiff, VS. LISA K. MALDONADO, Defendant. : IN THE, COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. Civil. 1998 IN DIVORCE AND CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if' you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, One Courthouse Square, Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEN). YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER Olt CANNOT AFFORD ONE, TO GET LEGAL HELP SHOULD CONTACT: Cumberland County Lwiyer Referral Service, 2 Liberty Avenue, Carlisle, PA 17013 (717) 244-3166. (-1 / b A Li: Marie Covne, Etquire 3 01 Market Street Vamp Hill, PA 17011-4227 (717) 737-0464 Pa.. Supreme Ct. No. 53758 Aaurno, (or Plainr;Cf JOSE A. MALDONADO, 3%, Plaintiff, VS. LISA K. MALDONADO, Defendant. IN THE COURT OF COMMON PLEAS OF C11M11ERLAND C:OUNTY,1'1'sN NSYL,VANIA NO. 7G -7zQ CIVIL 1998 IN DIVORCE/IN CUSTODY COMPLAINT IN CUSTODY AND DIVORCE To The Honorable, The.judges of Said Court: NOW COMES the Plaintiff, Jose A. lvialdonado, Jr., by and through his attorney, Lisa Marie Coyne, Esquire, and files this Complaint In Custody and Divorce and avers the following in support thereof: I. The Plaintiff, Jose A. Maldonado, Jr., is an adult individual residing at Quarters Z10, Edson Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant, Lisa K. Maldonado, is an adult individual residing at 263A N. Arlington Avenue, Harrisburg, Dauphin County, Pennsylvania, 17109. 3. The Plaintiff and Defendant have been bona fide residents in the. Commonwealth for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February G, 1985 at San Diego, California, and separated on or about October 25, 1998. 5. The Defendant is a member of the United States Marine Crops, currently on active duty in Mechanicsburg, Cumberland County, Pennsylvania. i ii I •F 2 COUNT I - CUSTODY 6. Paragraphs 1 through 5 are incorporated herein by reference. 7. Plaintiff seeks custody of the following children: Name Present Address Age Britney Maldonado Quarters Z10, Edson Drive, (DOB 9/24/90) Age 8 Mechanicsburg, PA Sarah Maldonado Quarters Z10, Edson Drive, (DOB 5/13/93) Age 5 Mechanicsburg, PA Alohilani Maldonado Quarters Z10, Edson Drive (DOB 7/8/96) Age 2 Mechanicsburg, PA The children were not bom out of wedlock. The children are presently in the custody of Plaintiff, Father who resides at Quarters 7_10, Edson Drive, Mechanicsburg, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: DATE: ADDRESS: PERSONS: Sep '98 to Present Quarters Z10, Edson Dr. Plaintiff Mechanicsburg, PA 17055 Nov '97 to Aug '98 1117B Grove Road Plaintiff and Defendant Harrisburg, PA Sep '95 to Nov '97 615913 Brand Street Plaintiff and Defendant Tustin, CA Aug '92 to Aug '95 565 E. Grandview Blvd. Plaintiff and Defendant Erie, PA The mother of the child is the Defendant, currently residing at 263A N. Arlington Avenue, Harrisburg, Pennsylvania. She is married to Plaintiff. 3 r The father of the child is Plaintiff, currently residing at Quarters %I(), Edson Drive, Mechanicsburg, Cumberland County, Pennsylvania. I le is married to Defendant. 8. The relationship of Plaintiff to the child is that of natural father. 9. The relationship of Defendant to the child is that of natural mother. 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person riot 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. 11. The best interest and permanent welfare of the child will be served by granting the relief requested because on October 25, 1995, Defendant voluntarily removed herself from the family residence and indicated to Plaintiff that she did not want to have custody of the children, but desires to have visitation with the children in accordance with the limitations and demands of her times of employment. 12. 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. All other persons, named below, who are known to halve or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: NONE. Will--REPORE, Plaintiff requests the Court to grant to bim custody of the minor children with periods of visitation for the Defendant. 4 I COUNT 11 -- NO FAULT DIVOR E 13. Paragraphs I through 12 are incorporated herein by reference. 14. The Plaintiff avers that the grounds oft which the action is based are that the marriage is irretrievably broken. 15. There have been no prior actions for divorce of annulment between the parties. 16. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. 17. Plaintiff believes that Defendant will also file such an Affidavit. 18. The Plaintiff has been advised of the availability of marriage counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Further, Plaintiff hereby waives his right to request that the parties participate in marriage counseling. WHERF,FORE, Plaintiff request this honorable Court to enter a decree in divorce to Plaintiff and Defendant as if they had never been married. Dated: a l7 E 0 Respectfully submitted: 4S, MARIE COYNE, Es 34 Market Street 'A Hill, PA 17011-4227 (717) 737-0464 Pa. S. Cl. No. 53788 .41101-noijbi- Plaintiff 5 VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unswom falsification to authorities under 18 Pa. C.S.A. §4904. Dated: Z Z EC C/9 aONA (? J J0 M 1- ??i (,_ \\1 11 1 ` ?/ 1".. 1 C. I_ i.? 1 l.. l ?l ?\ ? I ? ? ? ? ? ? ? ? ? ? 1/ ?I?11 L ,! r } "I I1 .r :1F1Lr?{?.yY 1yiU"J:1nh ?k? :?• n r.u 'rl a I \ I ?1 AlI d? i f 1 l r? F ' JOSE A. MALDONADO, JR., : IN THE COURT. OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 98-7213 CIVIL 1998 LISA K. MALDONADO, : CIVIL ACTION - LAW Defendant ; IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire hereby certify that on December, 31, 1998, service was made by Certified Mail, Restricted Delivery, to the Defendant, Mrs. Lisa K. Maldonado, 263A N. Arlington Avenue, Harrisburg, Pennsylvania 17109. See attached receipts of service. Dated: 12 - 30- 9 P 'LIS MARIE COYNE/ ESQUIRE 39 I Market Street amp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Cf. No. 53758 Attorney For Piaipzt /ff .'M1 ps E ER I as • Compltto br:mer I and/or 2 for additioncl services. e Complete name 3. and 4a &.b. a Prim your name and address on the revalse of this to" an that we can > return this card to you. a Ansch this corm to the front of the mailpiece, or on the back if space . does not permit. e Write ItmelReeelpt Requested" on the maapiece below the enige number a The Return Reeaipt wal show to whtan the anicle was delivered and the date d0vared. - - itr 3. Article Addressed to: 4a. Art 1115041' X. Not 1VCA h6(V ,?1 .^ ,, 4b. Sal -R 6.31 A( Ar /IT /?"r'f• E3 Rai ?Cert Z 224 788 591 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. rln -1 . . tnr Int.,mitinnal Mail /See reverse) I also wish to receive the following services (for an extra U fee): t. EJ Addressee's Address y 2. 1d.Restricted Delivery •m , Consult postmaster for fee. o to Number _ tr ;Ray7?S, S9/ ice Typo m tared ? Insured led El coa = sent le II,a (<. r?t,Idewa s'r`11Mi,T'N A, 11.5 6 A-re . Po;I PFfim, Stale, & ZIP Co]a Y,( it liar ,4• 1'7! C `I Postage $ Cert,Led Fee / J Spemi Delivery Fee ----- Re11ndM Fee ^ ng Fir' nRr^ 1? IY it d H RKfo 10 vTl. mu Ads AJdm It Pe. For $ , r= t /) 1 64 -?? O t' ?Y< 1 ? Express Moll 0 Return Receipt for _ Merchandise ? F ; •F 7• Date of Delivery p 1 b. Signature. d essee) / B. Addressee's Address IOnly it requested end fee I. Pa.., ?s ! y Signature (Agent) r' PS Form Yl r December 1991 .us. GPO: 1063-3U.714 DOMESTIC RETURN RECEIPT ??: ?:: ,. . ; JOSE A. MALDONADO, JR., Plaintiff VS. LISA K. MALDONADO, Defendant : IN'HIF, COURTOF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-7213 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE IVAIVF,R OF NOTICE OF IN'TFNTION TO RF_OUFST ENTRY OFA DIVORCE DECREE UNDER SECTION330I(c) OF THE'DIVORCF CODE I . I consent to the entry of a final decree of divorce without notice. 2 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses it' l do not claim them before a divorce is granted. I understand that 1 will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit 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 unswom falsification to authorities. 3c ?+A+t 9'1 4JOSA A 1LDONADQ . Plaintiff 1- [1 ?' ?1_ (? . 1 l' ?'? 1 1' (. ..1 JOSE. A. AIALDONADO,.IR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUINIBERLANID COUNTY, PENNSYLVANIA vS. :NO. 98-7213 CIVIL 7l?Ri11 LISA K. MALDONADO, : CIVIL ACTION-LAW Defendant : IN DIVORCE. AFFIDAVIT OF CONSENT 1. A Complaint In Divorce under Section 3301(c) of the Divorce Code was filed on December 23, 1998. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) drys have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,j,? nvA2 99 ?L? JOS A. MALDONADO, JR., I aintiff ._ cci ?: - ?,,. ??. [c v c, ` ?, i; . C JOSE A. MALDONADO, JR, Plaintiff VS. LISA K. MALDONADO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98-7213 CIVII. TERM : CIVIL ACTION-LAW : IN CUSTODY AND DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint In Divorce under Section 3301(c) of the Divorce Code was filed on December 23, 1998. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit 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. Dated: 3') m fhL 701 LISA K. MALDONADO, Defendant Ll C?; i, I u?, , u t. ?I JOSE A. MALDONADO,.IR•, Plaintiff Vs. LISA K. MALDONADO, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-7213 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY AND DIVORCE {VAIVF.R OF NOT/CF_ OF IN"TE.NTIOn' TO REST FNTR?F A DIVORCE DECREE UNDER SECT/ON 330 OF THE DIVORCE c OD 1. 1 consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verif; that the statements made in this affidavit 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: 30 /7PZ q LISA ----h, MAIDONADO, Defendant ,- _.. C', ?- i? 1! .. C__ ? i.•.. . f? L.'.•• 4 1? C_. .. ? :..r In The Court of Common Pleas of Cumberland County Prothonotary's Office COURTHOUSE Carlisle, Pa 17013 Civil Action No.: 1998-07213 MALDONADO LISA K 263A N ARLINGTON AVENUE HARISBURG PA 00000 MALDONADO JOSE A JR Plaintiff ** VERSUS ** MALDONADO LISA K Defendant You are hereby notified that a Decree in Divorce was entered in the above captioned case on April 06, 1999. This letter should not be used in place of the actual Decree. If you desire a certified copy of this Decree, you can obtain the same by coming into our office. Pleaee bring this letter with you. The fee is9?,Ie)e 4 ' If request is made by mail, please enclose ?UO for the certified copy of Decree. Also, do not forget to indicate Civil Action No. on your request. Since?y your , Pro onotary W. a> :? • •:e> <oi tmi <o:• ;? ,?:e:; o^ ^a> •y: :e:• : :e? o •` ;e: to •, s: ^o> :•s:• :e>' •:? • "•,e, co:• •:e:• :o> tei IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY s ?n STATE OF PENNA. S m. JOSE-A.. MALDONADO, JR., -- fit) 9.$.7221.3. Civil ... Ter Plaintiff ..... .... e LISA_K. MALDONADO, Defendant s DECREE IN •a,PM. DI V 0 R C E 1 . it is ordered and . A. y ?e 9 ?? . , y AND NW. ..... ....... • laintiff, F decreed that ..... JOSE. A...MALDONADO.,.-JR ............. I....... o .. , .. , ... , defendant, ti and .....LISA .K.. MALDONADO .................. are divorced from the bonds of matrimony. `•:• Z The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet o : been entered; None. rg :. ..The. Marriage. Settlement. .Agreement.,..datsd .February. . is. incorporated ,but.pgt.merged, i +i o Divorce. 11 v T Attest: e Prothonotary e:• <o;• <e: - - - - :e; :o; •:e? W :e> a: :o; ;e: ;e> :e: :e> :e te: :e; :?? a: C i m. i GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Defendant 320E Market Street Strawberry Square P.o. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 DO, JR., Plaintiff v. LISA K. MALDONADO, Defendant IN Tr1r, wuc ' .. .,... - -- CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 93-7213 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby accept service of the Petition to Modify order of custody in behalf of Jose A. Maldonado, Jr., Plaintiff in the above-captioned action, and acknowledge that I am authorized to do so. Date: LISA MARIE C YNE, ESQUIRE li i i? >- e?3 N 4 ? JOSE A. MALDONADO, JR. Plaintiff/Respondent Vs. LISA K. MALDONADO. Defendant/Petitioner : IN THE COURTOF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-7213 CIVIL TERM : CIVIL ACTION - Custody PLAINTIFF'S ANSWER AND NEW MATTER TO DEFENDANT'S PETITION TO MODIFY ORDER OF CUSTODY AND NOW, the Plaintiff, Jose A. Maldonado, Jr. by and through his counsel, Lisa Marie Coyne, Esquire of the Law Firm of Coyne & Coyne, P.C., files this Answer and New Matter to Defendant's Petition to Modify Order of Custody, and in support thereof, avers as follows: Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part.-nd denied in part. I! is admitted that that Sarah was injured by the Defendant over the Labor Day weekend, 1999 while Sarah and her and her two minor sisters were in the custody of the Defendant. It is also admitted that since that incident occurred, the Plaintiff informed the Defendant that he would not agree to Defendant's unsupervised visitation with the children unless and until the Defendant receives parenting classes. By way of further comment, Plaintiff suggested two (2) parenting programs which the Defendant could avail herself to; Defendant has to do so. Plaintiff is unaware of what sincere efliMs IM'cndant has made in that regard to het' deficient parenting skills. his denied that the Plaintiff has been uncooperative in making arrangements liar supervised visitation between the Defendant and the children. To the contrary, Plaintiff has been extremely cooperative with the supervised visitation occurring at his suggestion and urging. At those times when Plaintiff could not provide for supervised visitation, it is due to Defendant's last minute request without any care or concern for the Plaintiffs work schedule and demands. 6. Denied. Plaintiff is without any information or belief concerning Defendant's contact with Dr. Stanley Schneider nor as to the Defendant's participation with an application pending with the Escape Center Program. hurther, Plaintiff is without any information or belief concerning any of the "beliefs" which Defendant has with regard to custody. WHEREFORE, Plaintiff respectfully requests that vour Honorable Court deny Defendant's petition to Modify the Existing Custody Order, dated January 15, 1999, unless and until the Defendant attends and completes parenting classes and counseling and that in the interim, all visitations with the Defendant shall be supervised visitations in the Plaintiffs presence or in the presence of the Plaintiffs designee. \Eit' \SATTER 7. Paragraphs 1 through 6 above are Incorporated herein as if set forth verbatim herein. S. Plaintiff is an Active Duty Member of the United States Marine Cotes and stationed at, Mechanicsburg, Cumberland County, Pennsylvania. 9. Plaintiff has rCCeived military orders that he is to be reassigned to Camp Pendleton. California with a report date of July. 2000. lU, Plainull: along with the lhtre (3) children will relocate to ('a'1"'o "a due to the Plaintiffs employment obligations, i.e., military obligations. 11. On February 3, 2000, Plaintiff advised Delcndant and her counsel of the pending relocation and requested suggestions as to alternate visitation due to Plaintiffs relocation with the children and I'laintiff's concern with the safety of the children while in the unsupervised custody of the Defendant who has failed to attend and complete parenting classes as requested by Plaintiff. 12. As of the date of filing this Answer with New Matter, Defendant and her counsel have not advised as to their position regarding this relocation. 13. Plaintiff respectfully requests a relocation hearing to be scheduled in advance of Plaintiffs mandatory July 2000 report date to Camp Pendleton, California. WHEREFORE, Plaintiff respectfully requests this Ilonorable Court to permit him to relocate to California with the children and to afford the Defendant with a reasonable alternative to custody given the significant geographic distance and the concern for Defendant's lapse in parental control. Respectfully submitted, Datcd: /°% ae6 exTI `- COYNE & COYNE. P.C. 1 S MARIE COYNii, 1: 'QUIRE 3 1 Market Strect Camp Hill, PA 17011-4227 717-737-0464 Pa. S. Ct. No. 53789 immnel, fir Plaintiff z (_11{9'0•1FIcI 1'1?_l)I?_SER,N'I F 1, Lisa Maric Co)91C, Esquire, of Cowc fi (1iI11r. Ill, hrich CCrWy that true Copy of Plaintiffs' Answer With Nc"' Haller to Itell endmrl's Petition Io Modefy hdca ol't'u,todc e;a, ::erred this dale upon the belo"'rel'crcnced individuals at the below lwcd addn•„ hY way of first class mail, postage prepaid: Paul J. I:spo s i t o. Esq. Goldberg. Katzman & Shipman, PV. 320 Market Street P.O. Box 1269 Barrisburg,PA 17108-1268 Michael L. Bangs, Esquire (Custody ConciliatorI 302 S. 19111 Street Camp Hill, PA 17011 t'1)1'NI R' t'I 11•NI .• I'.l'. I I5A NIARII- a v Il K 1. I SI!1 ilRf. 14)(11 Niaihel SUCCI t ;asap 111111• PA I'Jill 1 •3227 171 71 "7 Q41J6-1 I'u. S.1'I. No S t7HN JOSE A. MALDONADO, JR., ) plaintiff/Respondent) VS. ) LISA Y. MALDONADO, ) Defendant/Petitioner) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 98-1213 CIVII. TERN CIVIL ACTION - LAW CUSTODY/VISITATION ORDER 11 AND NOW, this -_ 45 day of !_' 2000, upon review of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of an Interim Modification of the Order of January 15, 1999, in accordance with the following: 1. The Order of January 15, 1999 shall be modified wherein mother shall have periods of part-ai custcay ana visitation with the minor children every Wednesday from 9:00 p.m. to 7:00 p.m. and on alternating weekends such that she has a period of three (3) hours on Saturday from 9:00 a.m. to 12:00 p.m. and another three (3) hour period on Sunday !rcm 9:00 a.m, to j2:00 p.m. This alternating weekend s h,viu.le shall cc_ nsno, on Saturday, February 26, 2. The parties shall ror_onvono for another custody conciliation before Michael L. Bangs, Esquire, on kl';'I 2000, at ' i 'c /i .m. hI Wj''I<! I':. GI1I1)0, J. htt'.or'nc, I?. r I !.i!u? !! i Paul 1 I-::;i;;ri!., Attor rnr / 1 ? i ? m1b PLF"' ?CrF;Cz 1 . Qr 7., .. H:.,':CL?RY 00 Mi:IR I ; Af'i 10: 24 FLEN- t l L?i;' I JOSE; A. MALDONADO, JR., IN THE COURT OF COMMON PLEAS Fl a inL 1. f/Re;;pondcnt) 0[' r'UMRI;RI,AND COUN'T'Y, PENNSYLVANIA Vs. ) NO. 98-7213 CIVIL, TERM LISA K. MALDONADO, ) DefendanWetitioner) CIVIL ACTION - LAW CUSTODY/VISITATION JUDGE PREVIOUSLY ASSIGNLD: The Honorable Edward E. Guido CUSTODY CONCILIATION CONFEREMCE SUMM RY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME MEMO= CURRENTLY IN !LIISTODY ' Brit.ney Maldonado September 24, 1990 Plaintiff Sarah Maldonado May 13, 1993 Plaintiff Alohilani Maldonado July 8, 1q96 Plaintiff 2. A Conciliation Conference was held on February 11, 2000, and the following indiVldudls were present: the Plaintiff/Respondent and his attnrnny, Lisa Marie Coyne, Esquire; the Defendant/Petitioner 1ppcaA1nj wi th her attorney, Paul J. Esposito, Fsquiro. 3. I t cmv .. . ? l v"J h .:q ' :,' W 1 . Saw al t ached Order. •w .,: . ok inched Order. __ is 5. The Plaintiff's/Respondent's position on custody is as follows: See attached Order. 6. The Defendant's/Petitioner's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent children: Neither party requested. a. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: March 2000 ? Iy!{(___u_ I7.1 ?_ - ?_ -? ------ 7ichd el L. 13angs Custody Conci..l.iator.. 1 }4 /' ??rl Y 4 A e F K t V u ? t y ?y ?} i> 4 , n i ? a ? r ?; ? Si y I' d r i ? ??` y ` ? J 1 t ? Y ? tl I . .Y S' , Y ` ?W? C .? f}: mil'. ,JOSE A. MALDONADO. JR., Plaintiff7Respondent VS. LISA K. MALDONADO, Defendant/Petitioner IN TI I1: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-7213 CIVIL TERN CIVIL. ACTION - LAW ORDER AND NOW, this day of f.?2000, upon receipt of the Conciliator's Report. it appearing that the parties have reached an agreement which was dictated in their presence and approved by them and their counsel, it is hereby Ordercd and directed as follows: 1. Mother shall consent to the relocation of the minor children to the State of, Cali t'011lia. 2. The parties shall share legal custody of their minor children, 13rit»cy, d.o.b. September 24, 1990; Sara, d.o.b. May 13. 1993; and Alohilani, d.o.b..luly 8. 1996. 3. Father shall have primary physical custody of the minor children subject to periods of partial custody and visitation with Mother as follows: A. Mother shall have the children on alternating weekends tip until the time that Father relocates to C'alilornia. These alternating weekends Shall be from Saunday at 9:00:1.111. until Sunday at 8:00 p.m. 13. Mother slunll have the children every Wednesday evening from 4:00 p.m. until 7:0() p.nt, until the time that Father relocates to California. C. Mother shall have a period of exclusive custody with the minor children front Saturday, June 17, 2000, at 9:00 a.m. until Sunday, June 25, 2000, at 8:00 p.m. D. Mother shall be afforded a period of a few hours with the minor children on June 30. 2000, the specific limes to be agreed upon by the parties. 4. Mother agrees to complete her parenting classes through Escape Center. ]lie., prior to the extended period of exclusive custody. 5. Alter the children move to California, Mother shall be afforded periods of partial custody and visitation with the minor children. in California, provided that she gives ten (10) days advance notice to Father as to when she intends to be in California. Conversely. if I-ather shall be in Pennsylvania, he shall provide Mother with ten (10) days advance notice as to when he intends to be in Pennsylvania to afford Mother the opportunity to spent periods of exclusive custody with the minor children. 6. Father agrees to provide Mother with the following information, along with his duties and obligations under a shared legal custodial arrangement while he is in Calnlorma: A. I le shall notify il4other when he :u•rives in C'alilbrnia: 13. I le shall provide Mother with a permanent address and tclcphonc number: C. I le shall provide Mother with a work tclcphonc number to be used only in the case of emergencies; D. 11e shall provide Mother with reasonable telephone access to the minor children; E. He shall keep Mother fully advised as to all school issues, health issues. and daycare issues involving the children and all other responsibilities that father has under it shared legal custodial arrangement. 7. Cumberland County. Pennsylvania, will retain jurisdiction oflhis case. The parties agree that they shall revisit this custodial arrangement no later than May. 2002. Lisa Marie Coyne. Esquire Paul .I. Esposito. Isyuire. mIL• 13Y 'I'I IF' COURT ;4 -6 i'DWARU E. GUIDO..1. n .) /) 11 a-tea - j„ ,, g ?C f ?` '?? j i y.. JOSE A. MALDONADO. JR., PlaintiWRespondent vs. LISA K. MALDONADO, DefendanUPetitiOier JUDGE PRL'VIOUSL,Y ASSIGNED U IN 1,111; COURT Oh COMMON PLEAS OI' CUMT3ERLAND COUNTY, I PENNSYLVANIA NO.98-7213 CIVIL TERM ) CIVIL ACTION -LAW The I lonorable Edward I,. Guido IN ACCORDANCE WITII CUMBERLAND COUN'T'Y RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. "hhe pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME 131-itncy Maldonado Sara Maldonado Alohilani Maldonado 131RTHDA,ri September 24.1990 May 13, 1993 July 8, 1996 2. A Conciliation Conference was held on May 11 CURRENTLY IN CUST_ ODY OF Plaintiff Plaintiff Plaintiff 3000, and the Billowing individuals were present: the Plaintiff and his attorney. Lisa Marie Coyne attorney, Paul .l. Esposito, I -squire. 3. Items resolved by agreentcnt: Sec attached Order. Esquire, the Defendant and her 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff-s position on custody is as Iiillovv's: Sec attached Order. 6. hhc Defendant's position on custody is as li,llows: Sec attached Order. 7. Need tor separate counsel to represent child(ren): Neither party requested. 8. Need for iodcpcndent psychological evaluation or counseling: Nonc requested and the Conciliator does not believe any is necessary. Date: May 17, 2000 Mich` el L. Bangs Custody Conciliator f, ??? r '? r. ?;, r iS ? ?; ?, ?.:.. ;. _ 1 f ?,, :%, r• IN TFIE COUR-1, OK COMMON PLEAS OF JOSE A. MAU)(AlADO, JR„ if1 Cl1MPE2LAND COUNTY, PENNSYLVANIA P3 .aint Va CIVIL ACTION - i,AP] , MALI>nl,lA.I)n, No. `98-1 13 '^ I; 5 . , Dufendant_ IN CUSTODY IN RE: CUSTODY ORDER OF COURT i? AND NOW, this 29th clay of December, 2004, after hearing we enter the following order: . 1. The parties shall have joint .legal. custody of I born September. 24, 1990; Sarah their children Pritney Kaiulani, Estelle Wainani, born May 13, 1993; and Alohilani. Ashlen, born July 18th, 1996. 2. Father shall have primary physical custody of the 4* L children during the school year subject to partial physical custody of Mother as follows: I? a. Every other weekend from Friday at 5:30 p.m. ? until Sunday at 1:00 p.m. commencing December 31, 2004. b. Overnight tonight until noon tomorrow. C. Such other times as the parties agree. 3. Mother shall have primary physical custody of the children from the Monday alter school ends until 10 days before school begins each summer. Father shall have partial physical of the children during tho summer months as follows: tod y cus Every orhoi wco trend from Friday at 5:30 p.m. a . until Sunday at 1:00 p.m m?nmv-ncind Friday after Mnvher's primary 1, " ,.) .l, 101 I 1 ,. ,. .. .., ' .... .... cho L,drt_ -. m r, ;; ... .:. ... 11 aU:, ', Ili t.1..I n 5 .a?l entit.l?:,cl to I11<' ChiI Il."n !?,cth,Day froi? at bast E:00 a.m. sha]] i?a entitled to Chc children on until. 7:00 .m. cud Mist -her p 7oth?r's d+?y from at 1?-.?st- <l:(-1 (1 a.m, until 7:00 p.m. 1,11i . I;;ntLf. ::hall si'tar< the hol-idays as they each par.t.y shall submit their ugrCe°, I t t:hoy :,re (?,ci,:ade p oposal to tide Court and vj-? twill make the (jecision. 6. I ransport?ction :hall 1--)e shared as agreed upon by the parties. Absent agreement, the party obtaining custody of the children shall pick the children up at the home of the other parent. ,ra< n' By thy'(/?:cS{] t t r t...?A i??avr? Id;?ard E. Guido, J. ----- Asa A;ar.ie Coyne, !::_,c;iir.c \ Por the Piai-ntil:f ./ 'au 1. J. Fsposi_to, l-',:a??tl]LC@or 1110 Deferuient- :mlc JOSE A. MALDONADO, JR., IN THE OUR COUNTY, COMMON PENNSYLVANIA LEAS OF PLAINTIFF V : NO. 98-7213 CIVIL LISA K. MALDONADO, DEFENDANT CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 12" day of June, 2006, upon consideration of the request for an extension of time to file the memorandum due this date, upon representation by counsel that a stipulated custody agreement is being negotiated, the request is granted and the memorandum shall be filed with this court no later than the close of business on Friday, June 16, 2006. By the Court, M. L. Ebert, Jr., Lisa Coyne, Esquire Attorney for Plaintiff Paul Esposito, Esquire Attorney for Defendant ,a p v COY-NE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Bill, PA 17011-4227 JIJN 0 i 1006. ' A"1`fORNI3 ,S I,,OR I'G'1'1'1'IONER (717) /.5/-U404 .LOSE A. MALDONADO, JR., Plaintiff/Petitioner V5. LISA K. MALIDe f ud.Ot/Respondent 'I i : IN TIIF. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-7213 CIVIL TERM CIVIL ACTION - CUSTODY ORDER S-A- day of ? 2006, upon - AND NOW THIS consideration of Petitioner's Petition for Modification of Custody Due to Relocation tsdayeboy ORDERED that a Custody Relocation Hearing is scheduled for the / 3__ o'clock _A .m. in Courtroom No. 2006 at 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT:- \ =luide,Judge CF: ?,f.isa Marie COVne, Esq. For Petitioner V /(1aul Esposito, Esq. 1t , For Respondent\ L' Nev ti COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp 1611, PA 1701 1-4227 (717) 737-0464 ATTORNLYS FOR PETITIONER .JOSE A. MALDONADO, dR., Plaintiff/Petitioner : IN THE COURT OFCOMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. LISA K. MALDONADO, Defendant/Respondent NO. 98-7213 CIVIL TERM CIVIL ACTION - CUSTODY PETITION FOR CUSTODY MODIFICATION AND RELOCATION AND NOW COMES the Petitioner, Jose A. Maldonado, Jr., by and through his attorney, Lisa Marie Coyne, and avers the following in support of the within petition for Modification and Relocation this Honorable Court in this Custody Action: Petitioner is JOSE A. MALDONADO, JR., an adult individual who currently resides at 1064 Tunberry Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is LISA K. MALDONADO, an adult individual who currently resides at 263 N. Arlington Avenue, Apartment A, Harrisburg, Pennsylvania 17109-2310. 3. The parties are the natural parents of three minor children: Britney Maldonado, born February 6, 1988; Sarah Maldonado, bom May 13, 1992; and Alohilani Maldonado, born July 8, 1996. 4. The parties were formerly married; however, they were divorced April 6, 1999. 5. Petitioner has remarried and is married to Denise Maldonado. (Date cif Marriage: December 23, 2000). 6. Petitioner is on active military duly with the Unncd Slates Marine having been most recently assigned in July 2004 to the Delcnse Distribution ('enter. Nov Cumberland, Pennsylvania. 2 1 ?I 6. Petitioner has always been the children's primary caregiver and has had primary custody of the children since 1998 when the Respondent moved lion, the marital residence. A Current Order of Custody was issued December 29, 2004. (see Gxhibit "A" attached.) 7. Although the Respondent/Mother was granted primary custody of the children during the summer of 2005, Mother did not elect to exercise her right to primary custody, but, instead, continued with alternating weekends as during the school year. 8. Prior to re-locating to Cumberland County pursuant to military orders, Petitioner and his children along with Petitioner's wile and her two children resided at Camp Pendleton, California from January 2001 to July 2004 7. Petitioner has now been re-assigned to Camp Pendleton, California due to military Orders. 9. Petitioner desires to return to California and relocate with the children and have advised Respondent of Military Orders. 10. for the last five years, Petitioner's children have resided with Petitioner with periods of visitation with Respondent (Mother). 11. Attempts to resolve the relocation tssuc with the panics has been unsuccessful. 12. The Military Orders are attached hereto as Exhibit "13" and there is a pack-out date issued by the military for June 11). 2006 with a moving date of June 22, 2006. 13. The best interest and permanent welfare of the child will he served by granting the relief requested because given the FathedPelitioner has been the primary custodial parent for the children and there are alternate visitation options available to the Mother as were previously available to Mother when father/PcUUoner and children had resided in Calitornia previously. WIIEREPOIZE, the Petitioner respectfully requests that the Custody Order be modified to permit Petitioner to relocate with the children to Califimiia and periods of partial custody be granted to Respondent. 4 Dated:- 61j, Respectfully submitted: COYNE & COYNE, P.C. By: j2l?-? Li a Marie Coyne ?sq. Ol Market Stre Camp Hill, PA 17011-4227 (717) 737-0464 Pa. Supreme Ct. No. 53758 dluuwey for Petitioner a _. j JOSE A. MA.LDONADO, JR., Plaintiff VS LISA K. MALDONADO, Defendant IN THE COURT OF COMMON PLEAS OF.. CUNiEP,LAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N2 98-7213 IN CUSTODY IN RE: CUSTODY ORDER OF COURT AND NOW, this 29th day of December, 2004, after hearing we enter the following order: 1. The parties shall have joint legal custody of their children Britney Kaiulani, born September 24, 1990; Sarah Estelle Wainani, born May 13, 1993; and Alohilani Ashlen, born July 18th, 1995. 2. Father shall have primary physical custody of the children during the school year subject to partial physical custody of Mother as follows: a. Every other weekend from Friday at 5:30 p.m. until Sunday at 7:00 p.m. commencing December 31, 2004. b. Overnight tonight until noon tomorrow. C. Such other times as the parties agree. 3. Mother shall have primary physical custody of the children from the Monday after schocl ends until 10 days before school begins each summer. Father shall have partial physical custody of the children turina the s'.:mmer months as follows: a. r ct..__ weekend from Friday at 5:30 p.m. until Sunday at 7:00 com enci-_ Friday after Mother's primary physical c"st.-dy ._ecinnf: b. UL __...._ 7 ._... __ut.ve days upon az leaFr. 20 _ - writt-n. r 4, IL... ..w . .. ,. .: _ , Father shall EX ff t rs 1 7- A ° 1 7 L be entitled tq the chi_I.dr.r-_n on Fati?_r's Day from a'_ icasc 5:00 a.m. until 7:00 p.m. and Mother s?'.all be entitled the children on Mother's day from at least 5:00 a.m. until 7:00 p.m. 5. the parties shall share the holidays as they agree. If they are enable to agree, each party shah submit their proposal to the Court and we will make the decision. 6. Transportation shall be shared as agreed upon by the parties. iL.sent agreement, the party obtaining custody of the children shall pick the children up at the home of the other parent. By the urt, Edward E. Guido, J. Lisa Marie Coyne, Esquire For the Plaintiff Faur J. Esposito, Esquire For the Defendant mlc _ Y i1J}L^y! ;C 2 °?Z ?I USMC WEB ORDERS E9 3043 121 1STM3.RDIV CAMP PENDLBTON CA DESCRIPTION: 2006/6122 IAIX O! DEPARTURE: 2006/7/22 ,,TE OF ARRIVAL: 4/10/2006 2+03:00 PM 1, WAD •: DLA, DEF DEPOT NEW CUMBERLAND FA DESCRIPTION: 1:03:00 PM 010 :01:00 AM 22 Ju HAVE BEEN MODIFIED »> DATE DESIGNATED D7AE CT AND TRANSFER MARINE TO PROCEED AND EDIISY PR ONAME Tw 7NERF . THAN 22 Jun 2006 TO 1STVjSMIV CAMP PENDLETON CA MONITORED COMN,AliO CODE 121 FOR DUTY. SUBJECT NAMED MARINE M ED SERVICE TO COMPLY WITH THE PRESCRIBED TOT. LENC. h::D IF T.P 2L'C: FILE F. ??1'FTID MEDICAL AND PERSONAL' 6320.1 ANCE, MARINE CORPS ORDERS 111300.8, 4650.30, 5512.4, P1000.6 AND BUREAU OF MEDICINE AND SURGERY INSTRUCTION ON PERSONAL .•BDO-869-0278 OVERSEAS ONLY (DC01` fRE SERVICE RECORDS AND HEALTH RECORDS ACCOMPANY MARINE. INFORMATION REGARDING SON'F (IN `BSOURCE590: FROM THE U BE ACCESSED ON THE NEB AT SOVRCEC CAI+S, CAN BE OBTAINED BY CONTACTING MCCS ONE E OVERSEAS COLLECT (OCOnTS COLLECT) AND THE PASSWORD {SOURCE.COM. THE 05EA ID IS MARINES 76 SEMPER FI'. TFANSFER MARINE TO PROCEED AND REPORT NOT LATER THAN 31 May 2006 NOT TEAR HEOEA THAN 01 May 20: TATED DIRECT AND SF EDITIONS OF MARINE CORI :Amp PENDLETON CA MONITORED COMMAND CODE 121 FOR DUTY: SUBJECT NAMED EERMll CO CL1RRREI:RAVET THE OBLIGATED SERVICE 'CNGTH AND IF APPLICABLE EXTEND OR REENLIST PRIOR CT TRANSFTJL ESCAZBED TOVA L BY CONI •50.30, 5512.4, 13IGTH AND BUREAU OP MEDICINE AND SURGERY 1NSTRUCpEASO?AL ASSN Sy Wir EL CANEBEVOBTAINEDC MED7 CAL AND .-8DO-869-0276 OVERSEAS COLLECT IOC[ IRDS ACCOMPANY NJ.R INE. INFORMATION l BPO a69G02FINANCE, 0 OVERSE45 OLLY (OCON051: / R7RCL AT: FROM THE US (IN CONUS) uO,,CS) oUP-E SUVA CE.COM. THE USER ID 76 MARINF 84.530.5906. MCCS ONE SOURCE CAN ALSO BE ACCESSED ON THE WEB AT ,MCC I SEMPER Fl. ?? (I u CERTIFICATE OF SERVICE, I, Lisa Marie Coyne, Lsquire, of Coyne & Coyne, RC., hereby certify that true copy of' the foregoing Petition to Modify Custody and Relocation was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Paul J. Esposito, Esquire Goldberg Katzman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Dated: 1 e Coyne 5 4'. ?r• 11-S -? v COYNE &, COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Sweet Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNEYS FOR PETITIONER JOSE A. MALDONADO, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA ?s Civil Action -- Law LISA K. MA'.DONADO, No. 98-7213 Defendant In Custody ORDER OF COURT ih AND NOW THIS !cl day of 2006, upon consideration of the Joint Stipulation for Custody, dated June 16, 2006 and attached and incorporated herein, it is hereby ORDERED that Plaintiff s Petition for Relocation is GRANTED in accordance with the terms and conditions of the.loint Stipulation for Custody. Furthermore, it is hereby ORDERED that: 1. The parties shall have joint legal custody of their children Britney Kaiulani Maldonado, bons September 24, 1990; Sarah Estelle Wainani, born May 13, 1993; and Alohilani Ashlen Maldonado, bom July 8, 1996. 2. Father shall be pemtitled to relocate to California with Sarah and Alohilani. 3" Father shall have primary physical custody of Sarah and Alohilani subject to period of partial physical custody of Mother consisting of 30 days during the summer months. Mother to provide Father with Nvritten notice of 30 day period no later than March 1" annually. 4. Mother shall have primary physical custody of Britney subject to partial custody of Father as follows: a. Father shall have partial physical custody of Britney for 30 days during the summer of 2006 and 2008. For the summer of 2007, Father shall have partial physical custody of Britney from the seventh day after school ends until August 1, 2007. Father to provide Mother with written notice of 30 day period no later than March 1" annually. a? 1 J b. Father shall have partial physical custody of Britney from December 23, 2006 to one day prior to end of school holiday period and from December 26, 2007 to one day prior to end of school holiday and during the school's spring break. C. Such other times as the parties agree. 5. Mother will, at Mother's expense, immediately enroll Britney into counseling and Father will be provided with access to all reports and assessments provided by the counselor and both parents will provide consents so that each parent may communicate directly to the counselor. Mother will immediately notify Father of the name, address and telephone number of the counselor and schedule of counseling for Britney. Until the parents are advised in writing by Britney's counselor that Britney is not at risk to herself or others, Britney will, at all times, be in continuous adult supervision and will not be left alone. 6. It shall be the parties' responsibility to provide proper adult supervision for their child(ren) when in their respective custody. 7. Britney and Mother shall establish legal residence in the Cumberland Valley School District and no later than August 2006 so that Britney will continue her enrollment in Cumberland Valley High School until Britney graduates from high school. 8. 1lie parties small share equally in the transportation costs of children for visitation. 9. Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do or say, nor shall either party permit any third person to do or say anything which may estrange the children from the other parent, their spouse or relatives, or injure the children's opinion of the other party or which may hamper the free and natural development of the children's love and respect for the other parent. 10. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education xvith a view towards obtaining and following a harmonious policy in the children's education and social adjustments. Each party agecs to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. 11. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child(ren) at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 12. This stipulation supersedes all prior Orders or Agreements between the parties and they are null and void. The parties are free to modify the terms of this Agreement but in order to do so; both parties must be in complete agreement to any new terms. That means both panics must consent on what the new terns of the custody arrangement or visitation schedule shall be. 13. Mother shall be afforded periods of partial custody with children in California and Father shall be afforded periods of partial custody of children in Pennsylvania, provided that ten (10) days advance notice be given to the other party of the intention to exercise said rights to partial physical custody. 14. The parties shall keep each other apprised of their current residential address, telephone number, cell phone number, children's cell phone number(s), if any, and email addresses. 15. During their period of non-physical custody of the child(ren), Mother and Father shall be afforded reasonable unsupervised telephone contact with the children at reasonable times and for reasonable lengths of time. Telephone contact may be initiated by either party or the child(ren). 16. Nothwithstanding the relocation of Sarah and Alohilani to California or any future relocation of any of the children, the Court of Common Pleas of Cumberland County, Pennsylvania shall continue to exercise jurisdiction over this matter. BY THE COURT: M. L. EBERT, udge Cf: Lisa Marie Coyne, Esquire iJ?.t,?,4 Sef?. For Petitioner (Father) Paul J. Esposito, Esquire ?1lerr' For Respondent (Mother) a JOSE A. MALDONADO, JR., : IN ]'HE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNT)', PENNSYLVANIA, VS. Civil Action -- Law LISA K. MALDONADO, No. 98-7213 Defendant in Custody JOINT STIPULATION FOR CUSTODY f?- This Agreement is made this day of June 2006 by and between JOSE A. MALDONADO, JR., (hereinafter referred to as "Father") and LISA K. MALDONADO (hereinafter referred to as "Mother"). WITNESSETH WHEREAS, the above-captioned matter pertains to the custody of Britney Kaiulani Maldonado, born September 24, 1990, Sarah Estelle Wainani Maldonado, born May 13, 1993; and Alohilani Ashlen Maldonado, born July 8, 1996; and WHEREAS, Father has had primary care and custody of the minor clildren since 1998 which is further reflected in Orders of this Court concerning custody of the minor children; and WHEREAS, the, minor children have always resided together and have never been separated from one another; and WHEREAS, Father is required to relocate to Camp Pendleton, California due to military orders and Father and minor children previously resided in Camp Pendleton, California from June 2000 through July 2004 before returning to Cumberland County, Pennsylvania due to military reassignment in August 2004; and WHEREAS, Britney Maldonado is currently enrolled in Cumberland Valley High School, Mechanicsburg, Cumberland County, Pennsylvania and has completed her 10`h grade and wishes to continue to attend Cumberland Valley High School and Graduate from Cumberland Valley High School; and Page 7 of 5 WHEREAS, mother desires Britney Maldonado to remain in Cumberland County and not relocate with Father and siblings and the parties agree that Britney Maldonado shall continue to be enrolled in and attend Cumberland Valley High School and graduate therefrom; WHEREAS, Mother does not object to Father's Petition for Relocation and Modification provided that Britney Maldonado does not relocate with Father and other minor siblings; WHEREAS, Mother does not wish to have any of the children separated or relocated to California and does wish to have primary custody of all of them; however, Mother acknowledges given her present circumstances that is not feasible; WHEREAS, Father does not wish to have the children separated; ' WHEREAS, the. parties believe that it is in the best interest of the minor children to ? resolve matters concerning the custody and visitation of their minor children pertaining to Father's Petition for Relocation and Modification of Custody Order; NOW, THEREFORE, the parties, intending to be legally bound, do agree as follows: 1. The parties shall have joint legal custody of their children Britney Kaiulani Maldonado, Sarah Estelle Wainani, and Alohilani Ashlers Maldonado. 2. Father shall be permitted to relocate to California with Sarah and Alohilani. 3, Father shall have primary physical custody of Sarah and Alohilani subject to period of partial physical custody of Mother consisting of 30 days during the summer months. Mother to provide Father with written notice of 30 day period no later than March 1" annually. 4. Mother shall have primary physical custody of Britney subject to partial custody of Father as follows: a. Father shall have partial physical custody of Britney for 30 days during the summer of 2006 and 2005. For the summer of 2007, Father shall have partial physical custody of Britney from the seventh day after school ends until August 1, 2007. Father to provide Mother with written notice of 30 day period no later than March I" annually. !'age 2 of 5 b. Father shall have partial physical custody of Britney from December 23, 2006 to one day prior to end of school holiday period and from December 26, 2007 to one day prior to end of school holiday and during the school's spring break. C. Such other times as the parties agree. 5. Mother will, at Mother's expense, immediately enroll Britney into counseling and Father will be provided with access to all reports and assessments provided by the counselor and both parents will provide consents so that each parent may communicate directly to the counselor. Mother will inmmediately notify Father of the name, address and telephone number of the counselor and schedule of counseling for Britney. Until the parents are advised in writing by Britney's counselor that Britney is not at risk to herself or others, Britney will, at all times, be in continuous adult supervision and will not be left alone. 6. It shall be the parties' responsibility to provide proper adult supervision for their child(ren) when in their respective custody. 7. Britney and Mother shall establish legal residence in the Cumberland Valley School District and no later than August 2006 so that Britney will continue her enrollment in Cumberland Valley High School until Britney graduates from high school. 8. The parties shall share equally in the transportation costs of children for visitation. 9. Each of the parties and any third party in the presence of the children shall lake all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do or say, nor shall either party permit any third person to do or say anything which may estrange the children from the other parent, their spouse or relatives, or injure the children's opinion of the other party or which may hamper the free and natural development of the children's love and respect for the other parent. 10. Each patty shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view towards obtaining and following a Pape ? of 5 y harmonious policy in the children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. 11 Emergency decisions regarding the children shall be made by the parent then having custody. 14mvever, in the event of any emergency or serious illness of the child(ren) at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. During such illness, each party shall have the right to visit the child as often as lie or she desires, consistent with the proper medical care of the child. 12. This stipulation supersedes all prior Orders or Agreements between the parties and they are null and void. The parties are free to modify the terns of this Agreement but in order to do so; both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 13. Mother shall be afforded periods of partial custody with children in California and Father shall be afforded periods of partial custody of children in Pennsylvania, provided that ten (10) days advance notice be given to the other party of the intention to exercise said rights to partial physical custody. 14. The parties shall keep each other apprised of their current residential address, telephone number, cell phone number, children's cell phone number(s), if any, and email addresses. Pape 4 of 5 y 15. During their period of non-physical custody of the child(ren), Mother and Father shall be afforded reasonable telephone contact with the children at reasonable times and for reasonable lengths of time. Telephone contact may be initiated by either party or the child(ren). 16. Notlnvithstanding the relocation of Sarah and Alohilani to California or any future relocation of any of the children, the Court of Common Pleas of Cumberland County, Pennsylvania shall continue to exercise jurisdiction over this matter. The terns of this Agreement and Court Order are set out in detail so both parties have it to refer to and to govem their relationship with the children and with each other in the event of a disagreement. WHFRFFORF., the parties pray this Honorable Court enter an Order in accordance with their agreement. V? imc s Witness JO A. ?4ALDONADO, JR. LISA K. MALDONADO Pale 5 of 5 I ?5? ,.. `, / 9 `S Fr- -7 ;z 13 !1 oddon a-do 0s, MA-Ida??do S?- C_6 M P I a-, A. A (- fa e a4 I (`) /z /L y-5 P r io r -/o 6' D l -,ZlJQ 6 a,re_ 404 SC& A4 Pd . COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 JOSE A. MALDONADO, JR., Plaintiff/Petitioner VS. LISA IC MALDONADO, Defendant/Respondent : IN THE COURT OF : CUMBERLAND CO NO. 98-7213 CIVIL 7 CIVIL ACTION - Cl AND NOW COMES the Petitioner, Jose A. Maldonado, Jr., by Marie Coyne, and avers the following in support of the within Petition this Honorable Court in this Custody Action: 1. Petitioner is JOSE A. MALDONADO, JR., an adult 1064 Tunber y Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is LISA K. MALDONADO, an adult N. Arlington Avenue, Apartment A, Harrisburg, Pennsylvania 17109-2311 3. The parties are the natural parents of three minor children: Britney Maldonado, born February 6, 1988; Sarah Maldonado, born May 13, 1992; and Alohilani Maldonado, bom July 8, 1996. 4. The parties were formerly married; however, they were 5. Petitioner has remarried and is married to Denise December 23, 2000). 6. Petitioner is on active military duty with the United recently assigned in July 2004 to the Defense Distribution Center, New FOR PETITIONER %ION PLEAS OF ,PENNSYLVANIA through his attorney, Lisa Modification and Relocation who currently resides at who currently resides at 263 April 6, 1999. (Date of Marriage: Marine having been most Pennsylvania. 2 6. Petitioner has always been the children's primary of the children since 1998 when the Respondent moved from the marital Custody was issued December 29, 2004. (See Exhibit "A" attached.) 7. Although the Respondent/Mother was granted primary summer of 2005, Mother did not elect to exercise her right to primary with alternating weekends as during the school year. 8. Prior to re-locating to Cumberland County pursuant to children along with Petitioner's wife and her two children resided at January 2001 to July 2004 7. Petitioner has now been re-assigned to Camp Orders. 9. Petitioner desires to return to California and relocate with Respondent of Military Orders. 10. For the last five years, Petitioner's children have resided visitation with Respondent (Mother). 11. Attempts to resolve the relocation issue with the parties 12. The Military Orders are attached hereto as Exhibit issued by the military for June 19, 2006 with a moving date of June 22, 13. The best interest and permanent welfare of the child will requested because given the Father/Petitioner has been the primary there are alternate visitation options available to the Mother as were Father/Petitioner and children had resided in California previously. and has had primary custody A current Order of of the children during the but, instead, continued orders, Petitioner and his Pendleton, California from California due to military children and have advised Petitioner with periods of been unsuccessful. and there is a pack-out date served by granting the relief parent for the children and available to Mother when 3 WHEREFORE, the Petitioner respectfully requests that the Petitioner to relocate with the children to California and periods of Respondent. Dated: L t 0 Order be modified to permit custody be granted to Respectfully sub tted: COYNE & CO P.C. t? By: ,3901 Mai Camp Hi. (717)73-, Pa. Supre Attorney, PA 17011-4227 Ct. No. 53788 Petitioner 4 JOSE A. MALDONADO, JR., : IN THE COURT OF CO ON PLEAS 0 Plaintiff : CUMBERLAND COUNTY, PENNSYLVAIdT, VS CIVIL ACTION - LA ?J ? rr? f LISA K. MALDONADO, : NO. 98-7213 ??J, Defendant : IN CUSTODY IN RE: CUSTODY .,, ORDER OF COURT AND NOW, this 29th day of 'December, 2004, after hearing we enter the following order: 1. The parties shall have joint legal custody of their children Britney Kaiulani, born September 24, 1990; Sarah Estelle Wainani, born May 13, 1993; and Alohila i Ashlen, born July 18th, 1996. 2. Father shall have primary physical custody of the children during the school year subject to partial physical custody of Mother as follows: a. Every other weekend from Friday at 5:30 p.m. until Sunday at 7:00 p.m. commencing December 31, 2004. b. Overnight tonight until no-on tomorrow. c. Such other times as the parties agree. 3. Mother shall have primary physical custody of the children from the Monday after school ends unti 10 days before school begins each summer. Father shall have partial physical custody of the children during the summer month as follows: a. Every'other weekend from riday at 5:30 p.m. until Sunday at 7:00 p.m. commencing Friday aft r Mother's primary physical custody beginning. b. Up to an additional 7 con ecutive days upon at least 30 days written notice to Mom. C. Such other times as the parties agree. 4. Notwithstanding the above schedule, Father shall x,&}i,s 1 7"'f! ~ I 0 z be entitled to the children on Father's Day from at least 8:00 a.m. until 7:00 p.m. and Mother shall be entitled to he children on Mother's day from at least 8:00 a.m. until 7:00 m. 5. The parties shall share the holidays as they agree. If they are enable to agree, each party shall submit their proposal to the Court and we will make the decision. 6. Transportation shall be shared as agreed upon by the parties. Absent agreement, the party obtai ing custody of the children shall pick the children up at the home of the other parent. By the rt, Edward E. Guido, J. Lisa Marie Coyne, Esquire For the Plaintiff Paul J. Esposito, Esquire For the Defendant :mlc Ca WMony `1A' aged i ©t har unto S, my hand la artsle,. - ?` =.. ,-. .OA try '110/ 2,477- USMC WEB ORDERS DERS INFORMATION MALDONADO JR, JOSS, A E9 ? l 3043 121 DESCAIPTIOMI 1STMARDIV CAMP PENOLETON CA ATE OF DEPARTV"t 2006/6/22 MTN OF ARRIVAL, 2006/7/22 4/10/2006 2:03:00 PM DEECAIPTIONe WAD DLA, DIP DEPOT NEW COMB PA MCPIOM SSFORNATION I DATE TRANSACTION TYPE ::03:00 PM 011 ' 01:00 AN 010 WAVE BEEN MODIFIED s» DATE DESIGNATED DIRECT AND TRANSFER MARINE TO PROCEED AWD REPORT NOT LATER THAN 22 Ju TAM 22 JYR 2006 TO 1STMARDIV CAMP PENDLETON CA MONITORED COMMAND CODE 121 OR DUTY, SUBJECT NAMED MARINE M BD SERVICE TO COMPLY WITH 1'HE PRESCRIBED TOOR'LENG7FIAND-IP APPLICAHLE OR REENLIST PRIOR TO TRANSFER. ' MARINE CORPS ORDERS P1300.8, 4650.30, 5512.4, 41000.6 AND BUREAU OF MEDICS AND SURGERY INSTRUCTION 6320.1 028 SERVICE RECORDS AND HSALTR RECORDS ACCOMPANY MARINE. INFORMATION REGARDI F33D1NCB, MEDICAL AND PERSONAL' CAN BE OBTAINED BY CONTACTING MCCS ONE SOURCE AT: FROM THE DS (IN CONDS): 1-800-869-0278 OVERSEAS ONLY (OCOR '8 OVERSEAS COLLECT (OCONUS COLLECT): 484-530-5908. MCCS ONE SOURCE CAN ALSO E ACCESSED ON 188 WEB AT $OURCS.COM. THE USER ID IS MARINES AND THE PASSWORD IS SIMPER FI: 006 NOT EARLIER THAN 01 May 20C ST HAVE THE OBLIGATED SERVICE I CURRENT EDITIONS OF MARINE CORF MAY APPLY. ENSURE SERVICE RECOF ISTANCI CAN BE OBTAINED -BY CON7 -869-0278 OVERSEAS COLLECT (OCC URCS.CO1. THE USER ID IS MARINI MIND DIRECT AND TRANSFER MARINE TO PROCEED AND REPORT NOT LATER THAN 31 May :AMP PENDLETON CA MONITORED COMMAND CODE 121 FOR DUTY'. SUBJECT NAMED MARINE RSCRIBED TODR LSNOTH AND IF APPLICABLE EXTEND OR REENLIST PRIOR TO TRANSFER ;SD.30, 5512.4, P1000.6 AND BUREAU OF MEDICINE AND SURGERY INSTRUCTION 6320. )RDS ACCOMPANY MARINE. INFORMATION REGARDING FINANCE, MEDICAL AND PERSONAL A )URCE AT: FROM THE US (IN CONUS): 1-BDO-869-0278 OVERSEAS ONLY (OCONOS): 1-8 :84-530-5908. MCCS ONE SOURCE CAN ALSO BE ACCESSED ON THE NEB AT WWW.MCCSONS I SEMPER PI. ?? 11 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby foregoing Petition to Modify Custody and Relocation was served this individuals at the below listed address by way of first class mail, postage Paul J. Esposito, Esquire Goldberg Katzman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Dated: that true copy of the upon the below-referenced 5 v? T .?-' L `? ,tj ?'??? ?':? f-C} ?.. ..G :.% ? COYNE & COYNE, P.C. JUN U 1 2006 Lisa Marie Coyne, Esq. + Pa. Supreme Ct. No. 53788 =.. 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 ATTORNEYS FOR PETITIONER JOSE A. MALDONADO, JR., Plaintiff/Petitioner VS. LISA K. MALDONADO, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-7213 CIVIL TERM : CIVIL ACTION - CUSTODY ORDER AND NOW THIS day of 2006, upon consideration of Petitioner's Petition for Modification of Custody Due to Relocation, it is hereby ORDERED that a Custody Relocation Hearing is scheduled for the 7 7? day of 9h-F.. , 2006 at 3 0 o'clock m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: B&wd /isa ,?/? e, Judge CF: Marie Coyne, Esq. '- `. L. EMT / For Petitioner VV/Paul Esposito, Esq. , ^. For Respondent rl G? V? a. 1 1 ,o 1.1 1ftiinr) :01 NY ?'Mlr gool JOSE A. MALDONADO, JR., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 98-7213 CIVIL LISA K. MALDONADO, DEFENDANT CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 12th day of June, 2006, upon consideration of the request for an extension of time to file the memorandum due this date, upon representation by counsel that a stipulated custody agreement is being negotiated, the request is granted and the memorandum shall be filed with this court no later than the close of business on Friday, June 16, 2006. By the Court, M. L. Ebert, Jr., Lisa Coyne, Esquire Attorney for Plaintiff Paul Esposito, Esquire -?' /yitiawQe.Q G - /3 0 4 Attorney for Defendant 9- a JUPI n. JOSE A. MALDONADO, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA `_ vs. Civil Action -- Law c_ LISA K.MALDONADO, No. 98-7213 Defendant In Custody JOINT STIPULATION FOR CUSTODY . C? rl- ?< This Agreement is made this 16 day of June 2006 by and between JOSE A. MALDONADO, JR., (hereinafter referred to as "Father") and LISA K. MALDONADO (hereinafter referred to as "Mother"). WITNESSETH WHEREAS, the above-captioned matter pertains to the custody of Britney Kaiulani Maldonado, born September 24, 1990, Sarah Estelle Wainani Maldonado, born May 13, 1993; and Alohilani Ashlen Maldonado, born July 8, 1996; and WHEREAS, Father has had primary care and custody of the minor children since 1998 which is further reflected in Orders of this Court concerning custody of the minor children; and WHEREAS, the minor children have always resided together and have never been separated from one another; and WHEREAS, Father is required to relocate to Camp Pendleton, California due to military orders and Father and minor children previously resided in Camp Pendleton, California from June 2000 through July 2004 before returning to Cumberland County, Pennsylvania due to military reassignment in August 2004; and WHEREAS, Britney Maldonado is currently enrolled in Cumberland Valley High School, Mechanicsburg, Cumberland County, Pennsylvania and has completed her 10`" grade and wishes to continue to attend Cumberland Valley High School and Graduate from Cumberland Valley High School; and Page 1 of 5 WHEREAS, Mother desires. Britney Maldonado to remain in Cumberland County and not relocate with Father and siblings and the parties agree that Britney Maldonado shall continue to be enrolled in and attend Cumberland Valley High School and graduate therefrom; WHEREAS, Mother does not object to Father's Petition for Relocation and Modification provided that Britney Maldonado does not relocate with Father and other minor siblings; WHEREAS, Mother does not wish to have any of the children separated or relocated to California and does wish to have primary custody of all of them; however, Mother acknowledges given her present circumstances that is not feasible; WHEREAS, Father does not wish to have the children separated; WHEREAS, the-parties believe that it is in the best interest of the minor children to . . resolve matters concerning the custody and visitation of their minor children pertaining to Father's Petition for Relocation and Modification of Custody Order; NOW, THEREFORE, the parties, intending to be legally bound, do agree as follows: 1. The parties shall have joint legal custody of their children Britney Kaiulani Maldonado, Sarah Estelle Wainani, and Alohilani Ashlen Maldonado. 2. Father shall be permitted to relocate to California with Sarah and Alohilani. 3. Father shall have primary physical custody of Sarah and Alohilani subject to period of partial physical custody of Mother consisting of 30 days during the summer months. Mother to provide Father with written notice of 30 day period no later than March 15` annually. 4. Mother shall have primary physical custody of Britney subject to partial custody of Father as follows: a. Father shall have partial physical custody of Britney for 30 days during the summer of 2006 and 2008. For the summer of 2007, Father shall have partial physical custody of Britney from the seventh day after school ends until August 1, 2007. Father to provide Mother with written notice of 30 day period no later than March 1" annually. Page 2 of 5 b. Father shall have partial physical custody of Britney from December 23, 2006 to one day prior to end of school holiday period and from December 26, 2007 to one day prior to end of school holiday and during the school's spring break. C. Such other times as the parties agree. 5. Mother will, at Mother's expense, immediately enroll Britney into counseling and Father will be provided with access to all reports and assessments provided by the counselor and both parents will provide consents so that each parent may communicate directly to the counselor. Mother will immediately notify Father of the name, address and telephone number of the counselor and schedule of counseling for Britney. Until the parents are advised in writing by Britney's counselor that Britney is not at risk to herself or others, Britney will, at all times, be, in continuous adult supervision and will not be left alone. 6. It shall be the parties' responsibility to provide proper adult supervision for their child(ren) when in their respective custody. 7. Britney and Mother shall establish legal residence in the Cumberland Valley School District and no later than August 2006 so that Britney will continue her enrollment in Cumberland Valley High School until Britney graduates from high school. 8. The parties shall share equally in the transportation costs of children for visitation. 9. Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither parry shall do or say, nor shall either party permit any third person to do or say anything which may estrange the children from the other parent, their spouse or relatives, or injure the children's opinion of the other party or which may hamper the free and natural development of the children's love and respect for the other parent. 10. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view towards obtaining and following a Page 3 of 5 harmonious policy in the children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. 11. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child(ren) at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. During such illness, each parry shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 12. This stipulation supersedes all prior Orders or Agreements between the parties and they are null and void. The parties are free to modify the terms of this Agreement but in order to do so; both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 13. Mother shall be afforded periods of partial custody with children in California and Father shall be afforded periods of partial custody of children in Pennsylvania, provided that ten (10) days advance notice be given to the other party of the intention to exercise said rights to partial physical custody. 14. The parties shall keep each other apprised of their current residential address, telephone number, cell phone number, children's cell phone number(s), if any, and email addresses. Page 4 of 5 15. During their period of non-physical custody of the child(ren), Mother and Father shall be afforded reasonable telephone contact with the children at reasonable times and for reasonable lengths of time. Telephone contact may be initiated by either party or the child(ren). 16. Nothwithstanding the relocation of Sarah and Alohilani to California or any future relocation of any of the children, the Court of Common Pleas of Cumberland County, Pennsylvania shall continue to exercise jurisdiction over thismatter. The terms of this Agreement and Court Order are set out in detail so both parties have it to refer to and to govern their relationship with the children and with each other in the event of a disagreement. WHEREFORE, the parties pray this Honorable Court enter an Order in accordance with their agreement. itne s Witness Page 5 of 5 6- d - Ak(Z66 LISA K. MALDONADO na ?. ? r_, c ,_, ? f ? J J ? ?i L- = `? 1 _ 1_ S? f ?n??? fI `-1 1 ( 1 ` _ " , ?J (?.? '.?7 , L. ? -< COYNE & COYNE P.C. Lisa Marie Coyne, Esquire V Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNEYS FOR PETITIONER JOSE A. MALDONADO, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA VS. Civil Action -- Law LISA K. MALDONADO, No. 98-7213 Defendant In Custody ORDER OF COURT AND NOW THIS lot day of 7y? , 2006, upon consideration of the Joint Stipulation for Custody, dated June 16, 2006 and attached and incorporated herein, it is hereby ORDERED that Plaintiff's Petition for Relocation is GRANTED in accordance with the terms and conditions of the Joint Stipulation for Custody. Furthermore, it is hereby ORDERED that: 1. The parties shall have joint legal custody of their children Britney Kaiulani Maldonado, born September 24, 1990; Sarah Estelle Wainani, born May 13, 1993; and Alohilani Ashlen Maldonado, born July 8, 1996. 2. Father shall be permitted to relocate to California with Sarah and Alohilani. 3. Father shall have primary physical custody of Sarah and Alohilani subject to period of partial physical custody of Mother consisting of 30 days during the summer months. Mother to provide Father with written notice of 30 day period no later than March 1St annually. 4. Mother shall have primary physical custody of Britney subject to partial custody of Father as follows: a. Father shall have partial physical custody of Britney for 30 days during the summer of 2006 and 2008. For the summer of 2007, Father shall have partial physical custody of Britney from the seventh day after school ends until August 1, 2007. Father to provide Mother with written notice of 30 day period no later than March 1St annually. 1 b. Father shall have partial physical custody of Britney from December 23, 2006 to one day prior to end of school holiday period and from December 26, 2007 to one day prior to end of school holiday and during the school's spring break. C. Such other times as the parties agree. 5. Mother will, at Mother's expense, immediately enroll Britney into counseling and Father will be provided with access to all reports and assessments provided by the counselor and both parents will provide consents so that each parent may communicate directly to the counselor. Mother will immediately notify Father of the name, address and telephone number of the counselor and schedule of counseling for Britney. Until the parents are advised in writing by Britneyfs counselor that Britney is not at risk to herself or others, Britney will, at all times, be in continuous adult supervision and will not be left alone. 6. It shall be the parties' responsibility to provide proper adult supervision for their child(ren) when in their respective custody. 7. Britney and Mother shall establish legal residence in the Cumberland Valley School District and no later than August 2006 so that Britney will continue her enrollment in Cumberland Valley High School until Britney graduates from high school. 8. The parties shall share equally in the transportation costs of children for visitation. 9. Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do or say, nor shall either party permit any third person to do or say anything which may estrange the children from the other parent, their spouse or relatives, or injure the children's opinion of the other party or which may hamper the free and natural development of the children's love and respect for the other parent. 2 10. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. 11. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child(ren) at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 12. This stipulation supersedes all prior Orders or Agreements between the parties and they are null and void. The parties are free to modify the terms of this Agreement but in order to do so; both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 13. Mother shall be afforded periods of partial custody with children in California and Father shall be afforded periods of partial custody of children in Pennsylvania, provided that ten (10) days advance notice be given to the other party of the intention to exercise said rights to partial physical custody. 14. The parties shall keep each other apprised of their current residential address, telephone number, cell phone number, children's cell phone number(s), if any, and email addresses. 3 15. During their period of non-physical custody of the child(ren), Mother and Father shall be afforded reasonable unsupervised telephone contact with the children at reasonable times and for reasonable lengths of time. Telephone contact may be initiated by either party or the child(ren). 16. Nothwithstanding the relocation of Sarah and Alohilani to California or any future relocation of any of the children, the Court of Common Pleas of Cumberland County, Pennsylvania shall continue to exercise jurisdiction over this matter. BY THE COURT: Cf. Lisa Marie Coyne, Esquire ? P?YS? ? J? Paul J. Esposito, Esquire For Respondent (Mother) J? M. L. EBERT, udge For Petitioner (Father) G ,[?' ?a(p 4 ?-? ?a c -, .... C. ? ? c--" ?.y . ?.? _ _.? t.?? 1_ ?? t ? ...._ ? °'^ ! _ ; -' - L.R. _ _, =:i. r? .. , . -? i C. ? •-< Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff JOSE A. MALDONADO, JR., IN THE COURT OR COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. LISA K. MALDONADO, Defendant/Petitioner : NO. 98-7213 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY ORDER OF COURT AND NOW, Defendant, Lisa K. Maldonado, by and through her counsel, Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, files this Petition to Modify Order of Court, and in support thereof, avers the following: 1. Plaintiff is Jose A. Maldonado, Jr., Father, who currently resides at 4775 Via Colorado, Oceanside, CA 92056. 2. Defendant is Lisa K. Maldonado, Mother, who currently resides at 4184 Cove Court, #118, Mechanicsburg, Cumberland County, PA 17050. 3. The parties are the parents of three (3) minor children, namely Britney Kaiulani Maldonado, D.O.B. September 24, 1990; Sarah Estelle Wainani Maldonado, D.O.B. May 13, 1993; and Alohilani Ashlen Maldonado, D.O.B., July 8, 1996. 4. By virtue of the Order of Court dated June 19, 2006, issued by the Honorable M. L. Ebert, Britney resides with Defendant, and by agreement of the parties, Sarah now resides with Defendant. Alohilani continues to reside with Plaintiff. A copy of said Order of Court is attached hereto, made a part hereof, and marked Exhibit "A." ???` ? p` ?? COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNEYS FOR PETITIONER JOSE A. MA.LDONADO, JR., Plaintiff, VS. LISA K. MALDONADO, Defendant : IN TDE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Civil Action -- Law No. 98-7213 In Custody ORDER OF COURT AND NOW THIS C day of (J'4' If- , 2006, upon consideration of the Joint Stipulation for Custody, dated June 16, 2006 and attached and incorporated herein, it is hereby ORDERED that Plaintiffs Petition for Relocation is GRANTED in accordance with the terms and conditions of the' Joint Stipulation for Custody. Furthermore, it is hereby ORDERED that: 1. The parties shall have joint legal custody of their children Britney Kaiulani Maldonado, born September 24, 1990; Sarah Estelle Wainani, born May 13, 1993; and Alohilani Ashlen Maldonado, born July 8, 1996. 2. Father shall be permitted to relocate to California with Sarah and Alohilani. 3. Father shall have primary physical custody of Sarah and Alohilani subject to period of partial physical custody of Mother consisting of 30 days during the summer months. Mother to provide Father with written notice of 30 day period no later than March 1St annually. 4. Mother shall have primary physical custody of Britney subject to partial custody of Father as follows: a. ' Father shall have partial physical custody of Britney for 30 days during the summer of 2006 and 2008. For the summer of 2007, Father shall have partial physical custody of Britney from the seventh day after school ends-until August 1, 2007. Father to provide Mother with written notice of 30 day period no later than March I st annually. I b. Father shall have partial physical custody of Britney from December 23, 2006 to one day prior to end of school holiday period and from December 26, 2007 to .one day prior to end of school holiday and during the school's spring break. ' C. Such other times as the parties agree. 5. Mother will, at Mother's expense, immediately enroll Britney into counseling and Father will be provided with access to all reports and assessments provided by the counselor and both parents will provide consents so that each parent may communicate directly to the counselor. Mother will immediately notify Father of the name, address and telephone number of the counselor and schedule of counseling for Britney. Until the parents are advised in writing by Bri.tney's counselor that I?rifney is not at risk-to herself or others, Britney will; at all times, be in continuous adult supervision and will not be left alone. 6. It shall be the parties' responsibility to provide proper adult supervision for their child(ren) when in their.respective custody.. 7. Britney and Mother shall establish legal residence in 'the Cumberland Valley School District and no later than August 2006 so that Britney will continue her enrollment in Cumberland Valley High School until Britney graduates from high school. 8. The parties shall share equally in the transportation costs of children for visitation. k 9. Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do or say, nor shall either party permit any third person to do or say anything. which may estrange the children from the other parent, their spouse or relatives, or injure the children's `opinion of the other party or which may hamper the free and natural development of the children's love and respect for the other parent. 2^ 10. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view towards obtaining and following a harmonious"policy iii the children's educaion and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to. facilitate communication concerning the welfare of the children and visitation. 11. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child(ren) at any time, any party then having custody of the child shall immediately communicate with the other party. by telephone or any other means practical, informing the other party of the nature of. the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. During such illness, each party shall have the. right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 12. This stipulation supersedes all prior Orders or "Agreements between the parties and they are null and void. The parties are free to modify the terms of this Agreement but in order to do so; both parties. must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 13. Mother shall be afforded periods of partial custody with children in California and Father shall *be afforded periods of partial custody of children in Pennsylvania, provided that ten (10) days advance notice be given to the other party-of the intention to exercise said rights to partial physical custody. 14. The parties shall keep :each other apprised of their current residential address., telephone number, cell phone number, children's cell phone number(s); if any, and email addresses. 3 15. During their period of non-physical custody of the child(ren), Mother and Father shall be afforded reasonable unsupervised telephone contact with the children at reasonable times and for reasonable lengths of time. Telephone contact may be initiated by either party or the child(ren). 16. Nothwithstanding the relocation of Sarah and Alohilani to California or any future relocation of any of the children, the Court of Common Pleas of Cumberland County, Pennsylvania shall continue to exercise jurisdiction over this matter. . BY THE COURT: M. L. EBER J e Cf. Lisa Marie Coyne, Esquire For Petitioner (Father) Paul J. Esposito, Esquire For Respondent (Mother) V RUE C*PY- FROM RECORD M T4IwMsrI.,wnerwf, t We utf. W " ha m. am *a "W._ of said C $4 cafvsk? ft. raft F-XltloO+ 9 JOSE A. MALDONADO, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA- vs. Civil Action -- Law LISA K. MALDONADO, No. 98-7213 ' Defendant In Custody ?. JOINT STIPULATION FOR CUSTODY -- ` ?' CIO This Agreement is made this 1 day of June 2006 by and between JOSE?-A. MALDONADO, JR., (hereinafter referred to as "Father") and LISA K. MALDONADO (hereinafter referred to as "Mother"). WITNESSETI-I WHEREAS, the above-captioned matter pertains to thee-custody of Britney Kaiulani . - Maldonado, born September 24, 1990, Sarah Estelle Wainani Maldonado, born May 13, 1993; and Alohilani Ashlen Maldonado, born July 8, 1996; and WHEREAS, Father has had primary care and custody of the minor children since 1998 which is further reflected in Orders of this Court concerning custody of the minor children; and WHEREAS, the minor children have always resided together and have never been separated from one another, and WHEREAS, Father is required to relocate to Camp Pendleton, California due to military orders and Father and minor children previously resided in Camp Pendleton, California from June 2000 through July 2004 before returning to Cumberland County, Pennsylvania due to military reassignment in August 2004; and WHEREAS,. Britney Maldonado is currently enrolled in Cumberland Valley High School, Mechanicsburg, Cumberland County, Pennsylvania and has completed her 10th grade- and wishes 'to continue to attend Cumberland Valley High School and Graduate from Cumberland Valley High School; and Page 1 of 5 WHEREAS, Mother desires. Britney Maldonado to remain in Cumberland County and not relocate with Father and siblings and the parties agree that Britney Maldonado shall continue to be enrolled in and attend Cumberland Valley High School and graduate therefrom; W-BEREAS, Mother does not object to Father's Petition for Relocation and Modification provided that Britney Maldonado does not relocate with Father and other minor siblings; WHEREAS, Mother does not wish to have any of the children separated or relocated to California and does wish to have primary custody of all of them; however, Mother acknowledges . given her present circumstances that is not feasible; WHEREAS, Father does not wish to have the children separated; WHEREAS, the_parties believe. that. it is in the best interest of the minor ch ldren to-_,,.- resolve matters - concerning the custody and visitation of their minor children pertaining to Father's Petition for Relocation and Modification of Custody Order; NOW, THEREFORE, the parties, intending to be legally bound, do agree as follows: 1. The parties shall have joint legal custody of their children Britney Kaiulani Maldonado, Sarah Estelle Wainani, and Alohilani Ashlen Maldonado. 2. Father shall be permitted to relocate to California with Sarah and Alohilani. 3. Father shall have primary physical custody of Sarah and Alohilani subject to period of partial physical custody of Mother consisting of 30 days during the summer months. Mother to provide-Father with written notice of 30 day period no later than-March 1st annually. 4. Mother shall have primary physical custody of Britney subject to partial custody of Father as follows: a. Father shall have partial physical custody of Britney for 30 days during the summer of 2006 and 2008. For the summer of 2007, Father shall have partial physical .custody of Britney from the seventh day after school ends until August 1, 2007. Father to provide Mother with written notice of 30 day period no later than March 1st annually. Page 2 of 5 b. Father shall have partial physical custody of Britney from December 23, 2006 to one day prior to end of school holiday period and from December 26, 2007 to one day prior to end of school holiday and during the school's spring break. C. Such other times as the parties agree. 5. Mother will, at Mother's expense, immediately enroll Britney into counseling and Father will be provided with access to all reports and assessments provided by the counselor and both parents will' provide consents so that each parent may communicate directly to the counselor. Mother will immediately notify Father of the name, address and telephone number of the counselor and schedule of counseling for Britney. Until the parents are advised in writing by - -Britrie s=cauriselor_that Brits y ey is not at risk to herself or ethers, 'r3ritney will _at? all;times; be:.in continuous adult supervision and will not be left alone. 6. It shall be the parties' responsibility to provide proper adult supervision for their child(ren) when in their respective custody. 7. Britney and Mother shall establish legal residence in the Cumberland Valley School District and no later than August 2006 so that Britney will continue her enrollment in Cumberland Valley High School until Britney graduates from high school. 8. The parties shall share equally in the transportation costs of children for visitation. 9. Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection'between the children and the other party. Neither party shall do or say, nor shall either party permit any third person to do or say anything which may estrange the children from the other parent, their spouse or relatives, or injure the children's opinion of the other party or which may hamper the free and natural development of the children's love and respect for the other parent. 10. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view towards obtaining and following a Page 3 o`175 harmonious policy in the children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. 11. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child(ren) at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. During such illness-each party shall have-thc. right. to visit the child as often as. he or. shy= :.- ti....-, -- desires, consistent with the proper medical care of the child. 12. This stipulation supersedes all prior Orders or Agreements between the parties and they are null and void. The parties are free to modify the terms of this Agreement but in r order to do so; both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms. of the custody arrangement or visitation schedule shall be. 13. Mother shall be afforded periods of partial custody with children in California and Father shall be afforded periods of partial custody of children in Pennsylvania, provided that ten (10) days advance notice be given to the other party of the intention to exercise said rights to partial physical custody. 14. The parties shall keep each other apprised of their current residential address, telephone number, cell phone number, children's cell phone number(s); if any, and email addresses. Page 4 of 5 15. During their period of non-physical custody of the child(ren), Mother and Father shall be afforded reasonable telephone contact with the children at reasonable times and for reasonable lengths of time. Telephone contact may be initiated by either party or the child(ren). 16. Nothwithstandmg the relocation of Sarah and Alohilani to California or any future relocation of any of the children, the Court of Common Pleas of Cumberland County, Pennsylvania shall continue to exercise jurisdiction. over this-matter. The terms of this Agreement and Court Order are set out in detail so both parties have it to refer to and to govern their relationship with the children and with each other in the event of a disagreement. ei partite' pray this Honorable.- Court enter an Order m* acce ? -i _ is . . their agreement. • /,-?Ap e I ?"' itne s Witness Page 5 of 5 LISA K. MALDONADO CERTIFICATE OF SERVICE On this f day of April, 2007, I certify that a copy of the foregoing was served upon the following counsel or party of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Jose A. Maldonado, Jr. 4775 Via Colorado Oceanside, CA 92056 Lisa Marie Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 GOLDBERG KATZMAN, P.C. Paul J., s70beuirt o Supreme ID #25454 Attorneys for Defendant t ? a C-D (7 Co i j=a JOSE A. MALDONADO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA K. MALDONADO DEFENDANT 98-7213 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 26, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 01, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. 441 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 M ?Pep? V N v"t1I"'SN N9d CS cZ Wd 9Z NdV t00Z jk8ViQNC)HiUJd Ni 34 KU-10-0311d JOSE A. MALDONADO, JR., Plaintiff/Respondent V. LISA K. MALDONADO, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 98-7213 CIVIL CIVIL ACTION - LAW IN CUSTODY REPLY TO PETITION TO MODIFY ORDER OF COURT AND NOW COMES, Respondent, Jose A. Maldonado, Jr., by and through his counsel, Coyne & Coyne, P.C. and Lisa Marie Coyne, Esquire, and files this Reply to Petition to Modify, and avers the following in support thereof: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that Sarah is residing in Pennsylvania for the balance of the school year due to the conduct and acting out that Sarah undertook to include false reports to police officers, forgery, theft, and vandalism of personal property. It is admitted that the temporary relocation was finally agreed to by Petitioner; although, Petitioner initially refused transfer. 7. Admitted. It is admitted that Sarah is enrolled in Cumberland Valley School district; however, Respondent is without knowledge or information as to whether or not Sarah is attending school in the district. 1 8. Admitted in part and denied in part. It is admitted that given Sarah's criminal conduct in California that it is in Sarah's best interest for the Custody Order to be modified provided that appropriate directive is implemented to include mandatory counseling for Sarah and that periods of partial physical custody be reserved for Respondent and that the three minor children have collective periods of custody with each parent. WHEREFORE, Respondent respectfully requests that the Order of June 19, 2006 be modified in accordance with the foregoing. Date t Respectfully submitted, COYNE AND COYNE, P.C. By: - (?- ?Lis/marie Coyne, quire LPd. Supreme Ct. No 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff`/Respondent 2 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Reply to Petition to Modify Custody was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Paul J. Esposito, Esquire Goldberg Katzman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Dated: lo -7 t oyne e C L? tM? 5 C3 rv fn _.. -off JUN 0 6 2007 JOSE A. MALDONADO, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 4 S -7 Zt3 NO. 07 2389 CIVIL ACTION-LAW LISA K. MALDONADO, Defendant IN CUSTODY COURT ORDER AND NOW, this ?? day of June, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this Court's prior Order of June 19, 2006 shall remain in place subject to the following modifications: 1. The primary physical custody of Sarah Estelle Wainani Maldonado is transferred to mother with mother enjoying primary physical custody. Father's periods of temporary custody with Sarah shall be at such times as agreed upon by the parties. 2. Mother shall ensure that once Sarah is put on mother's health insurance plan that Sarah attends all appropriate counseling sessions to address any behavioral issues or other issues involving Sarah. BY THE COURT, ?& -?, ? ? A\ M. L. Ebert, Jr., Judge ',, \ cc: on, Coyne, Esquire J. Esposito, Esquire 4 L w V 1'4d 2- k `nr LODZ F:\F[LES\GenerallCurrent\12321\12321.1.maldonado v. maldonado reportl r JOSE A. MALDONADO, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. qg-za(3 NO. 0; 238 CIVIL ACTION-LAW LISA K. MALDONADO, Defendant IN CUSTODY Prior Judge: The Honorable M. L. Ebert, Jr. 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: Britney Kaiulani Maldonado, born September 24,1990; Sarah Estelle Wainani Maldonado, born May 13,1993; and Alohilani Ashlen Maldonado, born July 8,1996 2. A Conciliation Conference was held on June 1, 2007, with the following individuals in attendance: The mother, Lisa K. Maldonado with her counsel, Paul Esposito, Esquire, and the father, Jose A. Maldonado, Jr., with his counsel, Lisa Coyne, Esquire 3. The parties agree to the entry of an Order in the form as attached. Date: 6t S- l0' -7 ldfbert X. Gyfoy, Esquire Custody C ciliator Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Defendant JOSE A. MALDONADO, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. LISA K. MALDONADO, Defendant/Petitioner : NO. 98-7213 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY ORDERS OF COURT AND NOW, Defendant, Lisa K. Maldonado, by and through her counsel, Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, files this Petition to Modify Orders of Court, and in support thereof, avers the following: 1. Plaintiff is Jose A. Maldonado, Jr., Father, who currently resides at 119 Dogwood Street S, Oceanside, California 92058-6648. 2. Defendant is Lisa K. Maldonado, Mother, who currently resides at 4184 Cove Court, #118, Mechanicsburg, Cumberland County, Pennsylvania 17050-7647. The parties are the parents of three (3) minor children, namely Britney Kaiulani Maldonado, D.O.B. September 24,1990; Sarah Estelle Wainani Maldonado, D.O.B. May 13, 1993; and Alohilani Ashlen Maldonado, D.O.B., July 8, 1996. 4. By virtue of the Order of Court dated June 19, 2006, issued by the Honorable M. L. Ebert, Britney resides with Defendant, and by Order of June 8, 2007, also issued by Judge Ebert, Sarah resides with Defendant. Copies of said Orders of Court are attached hereto, made a part hereof, and marked Exhibits "A" and "B," respectively. 5. On February 24, 2008, Plaintiff, pursuant to his stated intentions, sent the parties' youngest daughter, Alohilani, to Defendant for the purpose of transferring primary physical custody of her to Defendant. 6. Defendant has assumed primary physical custody of Alohilani and intends to continue this arrangement until she reaches the age of majority. 7. Defendant has taken the initial steps to enroll Alohilani in the Cumberland County School District. 8. The best interests and permanent welfare of Alohilani, as well as Britney and Sarah, will be served by a modification of this Court's Orders of June 19, 2006 and June 8, 2007, to the extent that Defendant shall have primary physical custody of the parties' three (3) minor daughters. WHEREFORE, Defendant respectfully requests that this Honorable Court modify its Orders of June 19, 2006 and June 8, 2007, in accordance with the foregoing. Date: a a d Q? GO BERG ZMAN, P.C. kamkz Paul J. E osi Attorney I.D. #25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant 3 VERIFICATION I verify that the statements contained in the foregoing PETITION TO MODIFY ORDERS OF COURT are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. J l;-710 8 ?5e'L-' kdh'x4A Date. LISA K. MALDONADO JUN 0 6 2007 / JOSE A. MALDONADO, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. q S-7a6 NO.-097.23 CIVIL ACTION-LAW LISA K. MALDONADO, Defendant IN CUSTODY COURT ORDER AND NOW, this 19A day of June, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this Court's prior Order of June 19, 2006 shall remain in place subject to the following modifications: 1. The primary physical custody of Sarah Estelle Wainani Maldonado is transferred to mother with mother enjoying primary physical custody. Father's periods of temporary custody with Sarah shall be at such times as agreed upon by the parties. 2. Mother shall ensure that once Sarah is put on mother's health insurance plan that Sarah attends all appropriate counseling sessions to address any behavioral issues or other issues involving Sarah. BY THE COU T, 1MR71rFL. Ebert, Jr., Judge cc: Lisa Coyne, Esquire Paul J. Esposito, Esquire In Ta t zndpe o•. i mY hand Pa. F' \FILES\General\Current\ 12321 \ 1'_321. i maldonado v. n-aldonedo report I JOSE A. MALDONADO, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. qg _7X3 NO. 0; 2389 CIVIL ACTION-LAW LISA K. MALDONADO, Defendant IN CUSTODY Prior Judge: The Honorable M. L. Ebert, Jr. 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: Britney Kaiulani Maldonado, born September 24,1990; Sarah Estelle Wainani Maldonado, born May 13,1993; and Alohilani Ashlen Maldonado, born July 8,1996 2. A Conciliation Conference was held on June 1, 2007, with the following individuals in attendance: The mother, Lisa K. Maldonado with her counsel, Paul Esposito, Esquire, and the father, Jose A. Maldonado, Jr., with his counsel, Lisa Coyne, Esquire 3. The parties agree to the entry of an Order in the form as attached. Date: b i-/d / , ,/,+ I ?/z l ert X. G' oy, Esquire Custody C ciliator COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street ' Camp Bill, PA 17011-4227 (717) 737=0464 ATTORNEYS FOR PETMONER JOSE A. MALDONADO, JR., Plaintiff, Vs. LISA K MALDONADO, Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Civil Action -- Law No. 98-7213 In Custody ORDER OF COURT AND NOW THIS day of 2006, upon consideration of the Joint Stipulation for Custody, dated June 16, 2006 and attached and incorporated herein, it is hereby ORDERED that PlaintiTs Petition for Relocation is GRANTED in accordance with the terms and condlticins of the Joint Stipulation for Custody. Furthermore, it is hereby ORDERED that: 1. The parties shall have joint legal custody of their children Britney Kaiul,-6 Maldonado, born September 24, 1990; Sarah Estelle Wainani, born May 13, 19:3; and Alohilani Ashlen Maldonado, born July 8, 1996. 2. Father shall be permitted to relocate to California with Sarah -.and Aiohilan i*. 3. Father shall have primary physical custody of Sarah and Alohilam. subject to period of partial physical custody of Mother consisting of 30 days during. the summer months. Mother to provide Father with written notice of 30 day period no later than March 1? annually. 4. Mother shall have primary physical custody of Britney subject to partial custody of Father as follows: a. - Father shall have partial physical custody of Britney for 30 days during the. summer of 2006 and 2008. For the summer of 2007, Father shall have partial physical custody of Britaey from the seventh day after school ends-until August 1, 2007. Father to provide Mother with written notice of 30 day period no later than March 1'` annually. b. Father shall have partial physical custody of Britney from December 23, 2006 to one day prior to end of school holiday period and from December 26, 2007 to one day prior to end of school holiday and during the school's spring break.' C. Such other times as the parties .agree. 5. Mother will, at Mother's expense, immediately enroll Britney into counseling and Father will be provided with access to all reports and assessments provided by the counselor and both parents will provide consents so that each parent may communicate directly to the counselor. Mother will immediately notify Father of the name, address -and telephone number of the counselor and schedule of counseling for Britney. Until the parents are advised in writing by. Britiiey's _counselor that > ritiiey is not at risk to herself or'others, B.ntney will; at*all times, be in continuous adult supervision and will not be left alone. 6. It shall be the parties' responsibility to provide proper.adult supervision for their child(ren) when in their.respective custody.. 7. Britney and Mother shall establish legal residence in'the Cumberland Valley School District and no later than August 2006 so'that Britney will continue her enrollment in Cumberland Valley High School until Britney graduates from high school. 8. The parties shall share equally in the transportation costs of children for visitation. 9. Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do or say, nor shall either party permit any third person to do or say anything. which may esttauge the children from the other parent, their spouse or relatives, or injure the children's -opinion of the other party or ' which 'may hamper the free and nataral development of the children's love and respect for the other parent. h 2^. 10. Each parry shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view towards obtaining and following a harmonious-policy in the children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to. facilitate communication concerning the welfare of the children and visitation. 11. Emergency decisions regarding the children shall be made. by the parent then having custody. However', in the event of any emergency or serious illness of the child(ren) at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical; informing the other party, of the nature of. the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. During such illness, each party shall have the. right to v4sit the child as often as he or she desires, consistent with the proper medical care of the child. 12. This stipulation supersedes all prior Orders or "Agreements between the parties and they are null and void. The parties are free to modify the terms of this Agreement but in order to do so; both parties. must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 13. Mother shall be afforded periods of partial custody with children in California and Father shall be afforded periods of partial custody of children in Pennsylvania, provided that ten (10) days advance notice be given to the other party-of the intention to exercise said rights to partial physical custody. 14. The parties shall keep :each other apprised of their current residential address, telephone number, cell phone number, children's cell phone number(s); if any, and email addresses. 3 15. During their period of non-physical custody of the child(ren), Mother and Father shall be afforded reasonable unsupervised telephone contact with the children at reasonable times and for reasonable lengths of time. Telephone contact may be initiated by either party or the child(ren). 16. Nothwithstanding the relocation of Sarah and Alohilani to California or any future relocation of any of the children, the Court of Common Pleas of Cumberland . County', Pennsylvania shall continue to exercise jurisdiction over this matter. ,...BY THE COURT: M. L. EBER J *e Cf. Lisa Marie Coyne, Esquire For Petitioner (Father) Paul I Esposito, Esquire For Respondent (Mother) fRm. 00"- FROM R RO 11? Testtmcm wnerf, t two utfo<aat1 amt an aei!.4 um v Qvisig: P&. it _T 4 CERTIFICATE OF SERVICE On this a0day of , 20 06 , I certify that a copy of the 61 foregoing was served upon the following counsel or party of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Jose A. Maldonado, Jr. 119 Dogwood Street, S Oceanside, CA 92058-6648 Lisa Marie Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 GOLDBERG KATZMAN, P.C. Paul J. Esp ito Supreme Court ID #25454 Attorneys for Defendant .? Q' } t? ,,,,,,? ? c <a? ` ?? t°.? l t?? ?? V {, ?,? { ,:y JOSE A. MALDONADO, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA K. MALDONADO DEFENDANT 1998-7213 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, __Wednesday, March 05, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on ___ Thursday, April 10, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, 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 t?r? ??'d?t?3ANN %no ? Z :Z wd 5- avw BQOZ 1tlt1TGI -I.EG d H1. ?0 8-1 MAY 12 2008 JOSE A. MALDONADO, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LISA K. MALDONADO, NO. 1998-7213 Defendant IN CUSTODY COURT ORDER At AND NOW, this day of May, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 5 of the Cumberland County Courthouse on Wednesday, the 11"' day of June, 2008 at 1:30 p.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. In the event father is unable to travel to Cumberland County from California because of his military service or other commitments, father may testify and be in attendance at the hearing via telephone. BY THE COURT, J. cc: Ysa Marie Coyne, Esquire Paul J. Esposito, Esquire l:0 F?' h't? I LLL P '..R ikrOM" t 'r-! r? t S :c Wd Z i AN 0001 JOSE A. MALDONADO, JR. Plaintiff v LISA K. MALDONADO, Defendant Prior Judge: M.L. "Skip" Ebert IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1998-7213 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 Conciliator conducted an in person Conciliation Conference with the parties and their attorneys and then had a subsequent follow up telephone call. The issue is father is seeking only about two weeks custody during the summer and maybe a little bit on Spring Break and Christmas. Although mother was originally willing to accommodate father, she now indicates the children, who are 17 and 15, are unwilling to go to visit the father in California. A hearing is necessary and the Conciliator recommends an Order in the form as attached. Date: 0/ x Hubert X. Gilroy, Esquir Custody Conciliator JOSE A. MALDONADO, JR., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 98-7213 CIVIL LISA K. MALDONADO, DEFENDANT CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 11`h day of June, 2008, after consultation with counsel for the parties, the hearing scheduled for this date is continued to Friday, July 18, 2008, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS ORDERED AND DIRECTED that regular unsupervised telephone contact between Father and Sarah and Alohilani shall occur no less than 3 times a week beginning this date. Further parties agree that the contact shall occur at 9:00 p.m. E.S.T., Monday, Wednesday and Friday to the Mother's home telephone and that Mother shall have Sarah and Alohilani available for those telephone calls. This schedule shall be modified as to time of day for the period of time June 30, 2008, to July 11, 2008, while the Mother and children are in Hawaii. IT IS FURTHER ORDERED AND DIRECTED that the parties are directed to continue counseling for Sarah and both parents are to participate and cooperate in those counseling sessions as directed by the counselor. In addition to the June 26, 2008, counseling session currently scheduled for Sarah, Mother shall initiate scheduling of additional counseling sessions prior to June 26, 2008, as available by the counselor. By the Court, M. L. Ebert, Jr., VINVA-MN NJ] -a' z o :c wi i Nn oooz 11{sGd 4-, . . Lisa Coyne, Esquire Attorney for Plaintiff Paul Esposito, Esquire Attorney for Defendant bas 5 gas 11/ LA \\? D % IJ OAA" ' 44-k> -be? JOSE A. MALDONADO, JR., Plaintiff/Respondent V. LISA K. MALDONADO, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO 98-7213 CIVIL CIVIL ACTION - LAW IN CUSTODY PLAINTIFF/RESPONDENT'S REPLY TO PETITION TO MODIFY ORDERS OF COURT AND NOW, Plaintiff, Jose A. Maldonado, Jr., by and through his counsel, Lisa Marie Coyne, files this Reply to Petition to Modify Orders of Court and in support there of, avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. By way of further response, the Orders of Court reflect the consent and joint recommendations of the parties. 5. Admitted. By way of further response, the transfer was with the consent of the parties due to Alohilani chronic behavioral problems and misconduct. 6. Admitted in part and Denied in part. It is admitted that Father consented to Mother having primary physical custody of Alohilani in February 2008. Plaintiff/Father, however, is without information and belief concerning Defendant's intentions and, therefore, same is denied. 7. Admitted upon information and belief 8. Denied. This is legal argument to which no response is required. Should a response be deemed to be required, Plaintiff/Father denies that it is in his children's best interest to allow Defendant primary physical custody without also establishing and implementing specific dates and periods of partial physical custody for Plaintiff/Father. WHEREFORE, Plaintiff/Father respectfully requests this Honorable Court to establish specific periods of partial custody for Plaintiff/Father upon the granting of primary physical custody of the children to Defendant/Mother. Date to 8 Respectfully submitted, COYNE AND COYNE, P.C. By: _ r),. C arie CoynS- L* quire P . Supreme Ct. 3788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintif`YRespondent CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Petition to Modify Custody and Relocation was served this date upon the below-referenced individual at the below listed address by way of facsimile and hand delivered: Paul J. Esposito, Esquire Goldberg Katzman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Dated: A1111a b a Marie Coyne t"7 ^' C co 4 JOSE A. MALDONADO, JR., Plaintiff, vs. LISA K. MALDONADO, Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Civil Action -- Law No. 98-7213 In Custody ORDER OF COURT Q t? AND NOW THIS D day of 11 `I , 2008, it is hereby ORDERED that: 1. The parties shall have joint legal custody of their children Britney Kaiulani Maldonado, born September 24, 1990; Sarah Estelle Wainani, born May 13, 1993; and Alohilani Ashlen Maldonado, born July 8, 1996. 2. Mother shall have primary physical custody of the children subject to period of partial physical custody of Father consisting of such times as the parties agree. 3. Mother will, at Mother's expense, immediately enroll children into counseling and Father will be provided with access to all reports and assessments provided by the counselor and both parents will provide consents so that each parent may communicate directly to the counselor. Mother will immediately notify Father of the name, address and telephone number of the counselor and schedule of counseling the children. 4. It shall be the parties' responsibility to provide proper adult supervision for their child (ren) when in their respective custody. 5. Mother shall maintain her legal residence in the Cumberland Valley School District until the youngest child graduates from high school. 1 6. The parties shall share equally in the transportation costs of children for visitation. 7. Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do or say, nor shall either party permit any third person to do or say anything which may estrange the children from the other parent, their spouse or relatives, or injure the children's opinion of the other party or which may hamper the free and natural development of the children's love and respect for the other parent. 8. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. 9. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child(ren) at any time, any party then having, custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 10. This stipulation supersedes all prior Orders or Agreements between the parties and they are null and void. The parties are free to modify the terms of this Agreement but in order to do so; both parties must be in complete agreement to any new terms. 2 11. Father shall be afforded periods of partial custody with children in Pennsylvania, provided that ten (10) days advance notice is given to the Mother of his intention to exercise said rights to partial physical custody. 12. The parties shall keep each other appraised of their current residential address, telephone number, cell phone number, children's cell phone number(s), if any, and email addresses. 13. During their period of non-physical custody of the child (ren), Mother and Father shall be afforded regular unsupervised telephone contact with the children at reasonable times and for reasonable lengths of time. Telephone contact may be initiated by either party or the child(ren). 14. The Court of Common Pleas of Cumberland County, Pennsylvania shall continue to exercise jurisdiction over this matter. M. L. EBERT, Cf: Lisa Marie Coyne, Esquire For Respondent (Father) Paul J. Esposito, Esquire For Petitioner (Mother) 3 BY THE COURT: