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Home My WebLink About01-03197 "" .- , - , - , .,0- ",,> .~o,-' 'co, ~'_ \ "'_. _b LAW OFFICES BARBARA SUMPLE-SULLIV AN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070'1931 PHONE (717) 774-1445 FAX (717) 774-7059 June 21, 2001 HAND DELIVERY Mr. Richard Pierce Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Lorraine A. Arindain v. Eluit Lopez-Enriquez Dock",t No. 2001-3197 (Custody) I Cumberland County Dear Mr. Pierce: Enclosed please find an Emergency Petition for Special Relief in the above captioned matter, A judge has not been assigned in this matter. I have been contacted directly by the Defendant. A copy of the Petition is being mailed to him via regular mail and overnight mail. Please forward for immediate consideration, Also enclosed are two (2) copies of the proposed Order and envelopes for Defendant. Your attention to this matter is appreciated, IBarbara Sumple-Sullivan BSSlld Enclosures cc: Mr. Eluit Lopez-Enriquez (w/enclosure) Mrs, Lorraine A, Arindain (w/enclosure) .. , I,,,. ,',;(. ~. "".:-. c,'_:~,~"""-"_','<'L ;;.;:~_: ',,'''__, 'K 'Q, JUN 2 1 2001 (s1V\ LORRAINE A. ARINDAIN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : CML ACTION - CUSTODY EUJIT LOPEZ-ENRIQUEZ, Defendant : NO, 2001 - 3197 ORDER OF COURT AND NOW, this day of ,2001, upon consideration of Plaintiffs Emergency Petition for Special Relief, it is hereby ORDERED and DIRECTED that: 1. Pennsylvania is deemed to be the home state of the children as the term is defined by 23 Pa.C.S,A. S 5343; 2, Pursuant to 23 Pa,C,S,A, S 5344 (a)(l) and (2), Cumberland County shall have jurisdiction in determining custody of the children and any modification or related issue shall be determined by this Court; 3, Pending further hearing, the status quo is reaffirmed and shall remain in effect wherein Plaintiff shall have legal and primary physical custody of the children; and 4, Pending the conciliation conference, Defendant is granted rights of supervised visitation, Said visitation shall occur in Pennsylvania with a supervisor mutually agreeable to both parties, ' FOR THE COURT, By: 1. -' ~ I - ,,-,"',' ~"+"" '. j-'.- 't",~~" JUN 2 1 2001 '6Mi LORRAINE A, ARINDAlN, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY ELUIT LOPEZ-ENRIQUEZ, Defendant : NO, 2001 - 3197 ORDER OF COURT AND NOW, this day of ,2001, upon consideration of Plaintiff's Emergency Petition for Special Relief, it is hereby ORDERED and DIRECTED that: 1, Pennsylvania is deemed to be the home state of the children as the term is defmed by 23 Pa.C,S.A. S 5343; 2, Pursuant to 23 Pa.C.S,A, S 5344 (a)(I) and (2), Cumberland County shall have jurisdiction in determining custody of the children and any modification or related issue shall be determined by this Court; 3, Pending further hearing, the status quo is reaffirmed and shall remain in effect wherein Plaintiff shall have legal and primary physical custody of the children; and 4. Pending the conciliation conference, Defendant is granted rights of supervised visitation. Said visitation shall occur in Pennsylvania with a supervisor mutually agreeable to both parties. ' FOR THE COURT, By: ], . 17%~f{*J0S~&.fiVW~W1%-'lfif;W:\I~~ff-it~\'26Ff;tr?~$,11i)1ZZ%!Tg . ~-:; !: z ~\ M " () c t:d .. :;: CD > ... M ~ :0 ,- rn )> ~ )> Z CD -< ? -< [JJ lD 0 L1 " . . M Z ~ Z 0 " Z 0 < "tI C1I " . t-< -< en -< ,- -< tTJ < . r )> " . , Z " " [JJ ~ -< ~ 'oJ 0 t-< 'oJ .... 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O"-':Ji;;:' LORRAINE A, ARINDAIN, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY ELurT LOPEZ-ENRIQUEZ, Defendant 3Ft'? NO. (}I-~ ~ ORDER OF COURT AND NOW, this day of ,2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of 2001, at _,M" for a Pre.Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme 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, FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing, YOU SHOULD TAKE TIDS 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 2 Liberty Avenue CARLISLE, P A 17013 (717)249-3166 ", ;..", '\ ';, ':,-~ " '.' , <.1 ' ,,',"''', ',--"" .' ,'."'-""- ,~ " ~c.- ~' '~"'k.,," ,~, ,'," \,',,'.'C "-' ;""'- '- ~ ','" """', ,,'- '-~ ,',;' {f,~'~;;' "J'- , , LORRAINE A, ARINDAIN, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - CUSTODY ELUIT LOPEZ-ENRIQUEZ, Defendant , /j. '. ......,-/ ' ~ ~ : NO, 0/- 3/91 CUSTODY COMPLAINT I, The Plaintiff is Lorraine A. Arindain (hereinafter referred to as "Mother"), who currently resides at III S, 24th Street Apt. IN, Camp Hill, Cumberland County, Pennsylvania, 170ll, 2, The Defendant is Eluit Lopez-Enriquez (hereinafter referred to as "Father"), who currently resides at 18021 Idlewild RD SW #2, Lakewood, Washington 98498, 3. Plaintiff seeks to confirm legal and physical custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH Eluit Lopez-Enriquez,II Emilie 1. Lopez-Enriquez III S, 24th Street, Apt. IN Camp Hill, PA 170ll 4/8/90 8/28/91 4, The children are presently in the custody of the Mother who resides at III S, 24th Street Apt. IN, Camp Hill, Cumberland County, Pennsylvania, 17011. 5. During the past five years the children have resided with the following persons at the following addresses: 1 ,"-'-,.' ""-,,' -r.,.~'_ "-" '" I ,,'_'_'i',; - '"--".'-,,.-,' . .~. ,,,,. 0' " . ,.;: ~. ~"-:F'---'\:, "..'. - - _. A__'d~' . ," " DATES ADDRESSES NAMFBOFPERSONS IN HOUSEHOLD 9/00 to present 111 S, 24th Street Apt. IN Camp Hill, P A Mother, the children and the children's brother, Jaron 6/00 to 9/00 336 E, Sheridan Avenue Annville, P A Mother, the children, the children's brother, Jaron and maternal grandparents 7/97 to 6/00 New Market, England Mother, the children, the children's brother, Jaron and stepfather, Jason Arindain 6, The Mother of the children is Lorraine A. Arindain, currently residing at 111 S. 24th Street Apt. IN, Camp Hill, Cumberland County, Pennsylvania, Mother is married but separated from her spouse, 7, The Father of the children is Eluit Lopez-Enriquez, currently residing at 18021 Idlewild RD SW #2, Lakewood, Washington. Father's marital status is unknown but believed to be divorced from his second wife. 8, The relationship ofthe Plaintiff to that of the children is that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Eluit Lopez-Enriquez, II Emilie L. Lopez-Enriquez Jaron Philip 1. Arindain Child in question Child in question Children in question's brother 2 , , , ,- " .~, - " , ,-'-,.c '-', " '--'-;.;,,~,' , -~,;;. ;" 9, The relationship of the Defendant to the children is Father, Mother has no knowledge of the current composition of Father's household, 10, The parties participated in an action in Pierce County in the State of Washington. The parties entered into a Parenting Plan dated June 23, 1997 which provided Mother with legal and physical custody of the children and allowed Mother and the children to relocate to England, Said relocation was due to Mother's Husband's military deployment. Father was provided rights of visitation during the summers while the children were out ofthe country, The children returned to the United States in June of2000, A copy of said Parenting Plan is marked as Exhibit "A", attached hereto and incorporated by reference herein, 11. Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth, 12, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action, 14, Father, by his own choosing has had little or no contact with the children, Although the Parenting Plan provided Father with time with the children, Father did not see the children from June 23 1997 until November of2000. Father's calls to the children have been minimal. , 3 "" --.,-,'"",:1 7-1 ::1 ,. 'I J Ii , '-1 . 'I ,'1 <:; :'1 , , ~ :.1 I d i;j ,. I:,] f ,~ H 1'1 f'1 i':l 'j r,' H ':j ~- j 1-, i~j ;"j ,!- ~ [_J ~' j u . [,'1 '" , i-1 " I I ::j , " '1 ~,1 ,1 "-J ~~ :j I 'I , :1 'I 'I :1 I . . " I I I I I 1 i , , i , i i _ ,,',.<_,~__~ _ ~_ ~" ',;, ;:,_, <,c '0"- _, ,-;- 1'--: ~_ , -, . - -, - "_", --""" ':_.l_ ~ .. ,"--' - --~ ''','',-., --',- ",- "., .-~ . "" .' _-,-,_ -:, -,,':j,- _;1,;" ' '-, ~ :,b 15, When Father finally reqnested to see the children in November of 2000, Mother acquiesced but he did not utilize his entire time, On two of the days, he saw the children only two hours, Two other days Father did not see the children at all, After this visitation, Mother learned that Father was operating a motor vehicle with the children while he had a suspended license, 16. Father has not provided support for the children and is in arrears in excess of $11,000.00, Mother has no knowledge of Father's present living conditions. In the past, Father has been evicted from his home, lived in a hotel, had his car impounded and he has not maintained employment. 17. After not hearing from Father for an extended period, Mother has received a request from Father requesting extended visitation for this sununer. It is necessary that any contact be phased in with the children due to their being away from their Father for extended time. 18. It is believed that Father has family in New Jersey, The children visited with same last November. 20, Mother avers that, because of Father's lack of consistent contact with the children, shorter periods of visitation are required so as to allow the children to reacquaint themselves with their Father, This phase-in period will also allow Father to verify that his lifestyle has stabilized and the children will be safe when they are with him, 21. Mother avers that it is in the children's best interest that the status quo be reaffirmed, 4 ]-, ~ _c _ -.-.._,.,~~- I ,-_,_. .~- _'..'. ~ ,."-_ '."",-- ", .oJ, -'-'",'".:, "'~-'_, ,:.'0:__>-;,- "'=. - !~. ,\ 22, The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff can provide a stable, loving environment for her children, WHEREFORE, the Plaintiff requests the Court to grant her legal and physical custody of the children, Respectfully submitted, DATE: May 25, 2001 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D, 32317 5 ,: """'.-,.. .. . .,' 1 2 3 4 r:; v 6 7 8 9 10 11 . I ,,~'. ' ,"l >' ' ,,,. < ~~i;:" c) (j IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY O~~~t~~N~ ~te%~s '<\'1.1. JUN OFF:/Ce NO . P/EACf . 2 a ]991 8 TEO Pl(;UIJ/V f'r Vv. P,1.1. PARENTI~~COUN~~~GiON _____ CLEA/( [ ] PROPOSED (PP) DepUTY [ ] TEMPORARY (PPT) [X] FINAL ORDER (PP) In re the Marriage of: ) ) ELIUT LOPEZ-ENRIQUEZ, ) ) Petitioner, ) and ) ) LORRAINE A. ARINDAIN,F/K/A ) LORRAINE LOPEZ-ENRIQUEZ, ) Respondent. ) ) 12 This parenting plan is:. 13 14 15 16 17 18 19 20 21 [X] the final parenting order entered on by the court pursuant to an which modifies a previous ( ate parenting plan or custody. IT IS HEREBY ORDERED, ADJUDGED AND DECREED. I. GENERAL INFORMATION This parenting plan applies to the following children: Name Birthdate ELIUT LOPEZ-ENRIQUEZ EMILIE LOPEZ-ENRIQUEZ II. BASIS FOR RESTRICTIONS 4/8/90 8/20/91 22 2.1 PARENTAL CONDUCT (RCW 26.09.191(1), (2)). 23 [X] Does not apply. 24 2.2 OTHER FACTORS (RCW 26.09.191(3)). 25 26 27 28 PARENTING PLAN WPF DR 01.0400 (3/93) RCW 26.09.181; .187; .194 Page 1 KE,~NETH R. MITCHELL Attorney at Law 1517 So, Fawcett Tacoma. Washington 98402 (253) 383.5591 . WSBA # i 7401 . " ..~~ " . ." 1 2 3 <1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~-'-- ~ ,- " ~ - -~ . -,,- o /~\ [Xl Does not apply. III. RESIDENTIAL SCHEDULE , ,,~- ":";' ",.,,' -h'-, 'IIL})M~~', '; These provlslons set forth where the child shall reside each day of the year and what contact the child shall have with each parent. 3.1 PRE-SCHOOL SCHEDULE [Xl There are no children of preschool age. 3.2 SCHOOL SCHEDULE. Upon enrollment in school, the child(ren) shall reside with the [xl mother [ ] father, except for the following days and times when the child(ren) will reside-with or be with the other parent: See Paragraph 3.5 [x] The school schedule will start when each child begins [x] kindergarten [ ] first grade [ ] other: 3.3 SCHEDULE FOR WINTER VACATION. The child(ren) shall reside with the [Xl mother during winter vacation, except for the following times when the child(ren) will reside with or be other parent: See Paragraph 3.5 3.4 SCHEDULE FOR SPRING VACATION. The child(ren) shall reside with the [xr-IDother during spring vacation, except for the following times when the child(ren) will reside with or be other parent: See Paragraph 3.5 3.5 SUMMER SCHEDULE. [ ] father days and with the [ ] father days arid with the Upon completion of the school year, the child(ren) shall PARENTING PLAN WPF DR 01.0400 (3/93) RCW 26.09.181; .187; .194 Page 2 KE,~NETH R. MIlCHEll Attorney at Law 1517 So. Fawcett Tacoma, Washington 98402 (253) 383.5591 W5BA # 1740i - ,~"""'~~ , -- =~ ,. 'f -"'r-'. -;...' "-"" ~-;"' , '" ""'t ~ (\ , ) , " I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 reside with the [X] mother [ ] father, except for the following days and times when the child(ren) will reside with or be with the other parent: [ ] Same as school year schedule. [X] Other: For summer 1997, the father shall exercise visitation with the minor children from Friday June 6, 1997 at 5:00 p.m. to Sunday, June 8, 1997; From Friday, June 13, 1997 at 5:00 p.m. to Sunday, June 15, 1997 at 6:00 p.m.; and Tuesday, June 17, 1997 at 5:00 p.m. to Monday, June 23, 1997 at 10:00 a.m. On Wednesday, June 25, 1997, the children shall travel to England with their Mother as scheduled. Beginning Summer 1998, the father shall exercise 6 weeks of interrupted visitation witrr the minor children each year that they remain outside the continental united States. The mother shall notify the father at least 4 months in advance of the children's school schedule. The father shall reply to the mother's notice within 30 days and advise her as to the dates he intends to exercise his' summer visitation. The children shall be returned at least 14 days prior to the first day of school. 16 3.6 VACATION WITH PARENTS. 17 [X] Does not apply. 18 3.7 SCHEDULE FOR HOLIDAYS. 19 The residential schedule for the child(reE) for the holidays listed below is as follows: ,_ 20 21 22 23 24 25 26 27 28 with Mother ( Specify Whether Odd/Even/Every) with Father (Specify Whether Odd/Even/Every) New Year's Day Martin Luther King Day Presidents Day Memorial Day EVERY EVERY EVERY EVERY :PARENTING PLAN WPF DR 01.0400 (3/93) RCW 26.09.181; .187; .194 Page 3 KE,-INETH R. MncHEll Anorney at Law 1517 So, Fawcett Tacoma, Washington 98402 (253) 383.5591 W5BA# 17401 .-..- "J - . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 :",' " ~,-,<" ,'--" , ,I /) July 4th Labor Day Veterans Day Thanksgiving Day Christmas Eve Christmas Day *** EVERY EVERY EVERY EVERY EVERY W" -",,--,-~- .-~~~,,': ] For purposes of this parenting plan, a holiday shall begin and end as follows (set forth times): [ ] Holidays which fall on a Friday or a Monday shall include Saturday and Sunday. [x] Other: Mother shall have July 4 holiday subject to father's summer visitation schedule. 3.8 SCHEDULE FOR SPECIAL OCCASIONS. The residential schedule for the child(ren) for the following special occasions (i.e., birthdays) is as follows: with Mother (Specify Whether Odd/Even/Everv) Mother's Day Father's Day Mother's Birthday Father's Birthday EVERY EVERY EVERY EVERY [] Other: 3.9 PRIORITIES UNDER THE RESIDENTIAL SCHEDULE. [X] Does not apply. PARENTING PLAN WPF DR 01.0400 (3/93) RCW 26.09.181; .187; .194 Page 4 with Father ( specify Whether Odd/Even/Everv) i 1'; l!i Ii \'- I', I" ~i ii l; jf- it , p- i - i , KE,~NETH R. Mil CliEtt Anorney at Law 1517 So. Fawcett Tacoma, Washington 98402 (253) 383.5591 WSBA # 17401 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ""'~ , j '~;,~....:' I, " I ,,~ "".,.,,-_ ,-,' '-.C'"'.,"-;' " ..:' .1 :) 3.10 RESTRICTIONS. [X] Does not apply because there are no limiting factors in paragraphs 2.1 or 2.2. [ ] The [X] .fa.th.e.r's [ ] mother's residential time with the children shall be limited because there are limiting,xactars in paragraphs 2.1 and 2.2 The following restrictions shall apply when the children spend time_with this parent: [ ] There are limiting factors in paragraph 2.2, but there are no restrictions on the [ ] father's [] mother's residential time with the children for the following reasons: 3.11 TRANSPORTATION ARRANGEMENTS. Transportation arrangements for the childfren), between parents shall be as follows: Each party is.xesponsible for their proportional share of long-distance transportation costs. (Father~ % MotherS~ %) - ---- -------- Father will forward airline tickets to the mother for children's scheduled visitation 30 days in advance of departure. Mother will then reimburse father for her share of travel expenses. Ii I'" " ,. I;' " Ij Transfer of the children shall occur at the airport where the children are scheduled to depart and arrive, not at Lakenheath Air Force Base. until such time when the children reach the age that airline rules and regulations permit them to travel without adult su~rvision, the father shall accompany the children from England to the United States and the mother shall accompany the children from the United States to England. f' I' !:! 3.12 DESIGNATION OF CUSTODIAN. The children named in this parenting plan are scheduled to reside the majority of the time with the [X] mother [ ] father. This parent is designated the custodian of the child(ren) solely for purposes of all other state and PARENTING PLAN WPF DR 01.0400 (3/93) RCW 26.09.181; .187; .194 Page 5 KEo'INHH R. MncHELL AUorney at Law 1517 So, Fawcett Tacoma. Washington 98402 . (253) 383.5591 WSBA# i740i - .- 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ .~--,-- "' '.,j' _ " _, ,; ,:.' ~'i, "i;.;, ,'. &~" - '.. "'j;i/ '.,-- ,--~ ',.,;" ,,' ,'] \ , , federal statutes which require a designation or determination of custody. This designation shall not affect either parentIs rights and responsibilities under this parenting plan. 3.13 OTHER: All correspondence between the parents regarding school schedule ahd summer visitation dates shall be accomplished by certified mail with return receipt. Each party shall keep the other apprised of their current address and phone number. Neither party shall interfere with correspondence between the children and the other parent. Each party shall have reasonable telephone contact with the children while they are in the other parentIs custody. IV. DECISION MAKING 4.1 DAY TO DAY DECISIONS. Each parent shall make decisions regarding the day-to-day care and control of each child while the child is residing with that parent. Regardless of the allocations of decision making in this parenting plan, either parent may make emergency decisions affecting the health or safety of the children. 4.2 MAJOR DECISIONS. Major decisions regarding each child shall be made as follows: Education decisions [Xl mother [ 1 father [ 1 joint Non-emergency health [Xl mother [ ] father' [ ] joint care Religious upbringing [Xl mother [ ] father [ 1 joint 4.3 RESTRICTIONS ON DECISION MAKING. [] Does not apply because there are no limiting factors in paragraphs 2.1 and 2.2 above. PARENTING PLAN WPF DR 01.0400 (3/93) RCW 26.09.181; .187; .194 Page 6 KENNITH R. MITCHEll Attorney at Law 1517 So, Fawcett Tacoma, Washington 98402 (253) 383.5591 W~RA ~ 17401 ~ _...l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -'", j ," \.-1",' ,', LT' "" ;.,,-Oo;OL .cj . '\ ,r\ [X] Sole .decision making shall be ordered to the [X] mother [ ] father for the following reasons: [ A limitation on the other parent's decision-making authority is mandated by RCW 26.09.191. (See paragraph 2.1). [] Both parents are opposed to mutual decision making. [X] One parent is opposed to mutual decision making, and such opposition is reasonably based on the following criteria: (a) The existence of a limitation under RCW 26.09.191; The history of participation of each parent in decision making in each of the areas in RCW 26.09.184(4)(a); Whether the parents have demonstrated ability and desire to cooperate with one another in decision making in each of the areas in RCW 26.09.184(4)(a); and The parents' geographic proximity to one another, to the extent that it effects their ability to make timely mutual decisions. :i~ (; " !, (b) r;- ! ~ (c) ;i . 6) [ ] There are limiting factors in paragraph 2.2, but there are no restrictions on mutual decision making for the following reasons. V. DISPUTE RESOLUTION :'~- 'I' " [,0 t , " 'I' Disputes between the parties, other than child support disputes, shall be submitted to (list pe~son or agency): c..t7Ud t10llcn 1YI.i.>"..d~-h dty/-d.j"e t l :~~~~;}~;~B~ ~Ef,~'5,'~!~ ' or ~] ~~r'l1+rat.le:R ay ~_ __-__~ _ . . .1; I;j n ,j .,\ ,I; ,); The cost of this process shall be allocated between the parties as follows: [ ] % mother % father. [ ] based on each party's proportional share of income from line 6 of the child support worksheets. [] as determined in the dispute resolution process. PARENTING PLAN WPF DR 01.0400 (3/93) RCW 26.09.181; .187; .194 Page 7 KE,~NfTH R. MnCHEll Attorney at Law 1517 So, Fawcett Tacoma. Washinglon 98402 (253) 383.5591 WSBA ~ 17401 .' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ , ';_ _, . .-",,"-l... " ,'J . '.", " . ,,-,,-'..,;ii. , ~i,;-";;-~";-;' ,,,,.,, "...>' -,k''r'~f'' /-) r--"", ) < The counseling, mediation or arbitration process shall be commenced by notifying the other party by [ ] written request [ ] certified mail [] other: In the dispute resolution process: (a) Preference shall be given to carrying out this Parenting Plan. (b) Unless an emergency exists, the parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support. (c) A written record shall be prepared of any agreement reached in counseling or mediation and of each arbitration award and shall be provided to each party. (d) If the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court shall award attorneys' fees and financial sanctions to the other parent. (e) The parties have the right of review from the dispute resolution process to the superior court. [X] No dispute resolution process, except court action, shall be ordered, because [ ] a limiting factor under RCW 26.09.191 applies or [X] one parent is unable to afford the cost of the proposed dispute resolution process. VI. OTHER PROVISIONS [X] There are no other provisions. [ ] There are the following other provisions: VII. DECLARATION FOR PROPOSED PARENTING PLAN [X} Does not apply. - [] (Only sign if this is a proposed parenting plan.) I declare under penalty of perjury under the laws of the State of Washington that this plan has been proposed in good faith and that the statements in Part II of this Plan are true and correct. Mother Date and Place of Signature PARENTING PLAN WPF DR 01.0400 (3/93) RCW 26.09.181; .187; .194 Page 8 KEelNETH R. MnCHEll Attorney at Law 1517 So, Fawcett Tacoma. Washington 98402 (253) 383.5591 Ur<:''OA lii7il.fil , " .' . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "'~ .' .;,.1 '-l '-'-,.0-,.- - -. - ;. - ;- "J ~, _ i,._, -', {;',_,';'" _';~__,___,_,",_""",~_";_,,_* \ , Father Date and Place of Signature VIII. ORDER BY THE COURT [ ] Does not apply. [X] It is ordered, adjudged and decreed that the parenting plan set forth above is adopted and approved as an order of this Court. WARNING: Violation of residential provisions of this order with actual knowledge of its terms is punishable by contempt of court and may be a criminal offense under RCW 9A.40.070(2). Violation of this order may subject a violator to arrest. When mutual decision making is designated but cannot be achieved, the parties shall make a good faith effort to resolve the issue through the dispute resolution process. If a parent fails to comply with a provlslon of this plan, the other parent's obligations under the plan are not affected. Dated: H, EDWARD HAARMANN l< I COURT C~MMI~SIONER ~/commlssloner ! i , ~..:::..~.:. 9...-bY : " ~.'t, Approved for entry: /lJMA<<Jf!u~p( ~ ftv !eh!?WZ4' Kv~k: 14;ek~tll ~t ;s:ype Name -'" \ Ke neth R. Mitchell, WSBA #17401 torney for Respondent Kenneth R. Mitchell Print or Type Name PARENTING PLAN WPF DR 01.0400 (3/93) RCW 26.09.181; .187; .194 Page 9 KEroINETH R. MITCHElL Attorney at Law 1517 So. Fawcett Tacoma, Washington 98402 (253) 383.5591 , \1r~n Ii. If 17M'll ',--__~'r[__ ._ -- -..1 'f6:,~."--+"" '-~-k'-,-, -,' __'.""'= - ;:----, ,"- ' "," M'-;;~ '.__ . ,:.._..,,,-- ,.. _,';~ :;'"::'~" ,~: , LORRAINE A. ARlNDAIN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - CUSTODY ELUlT LOPEZ-ENRIQUEZ, Defendant : NO. VERIFICA nON I, LORRAINE A. ARlNDAIN, hereby certifY that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I tmderstand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. ~(}.~6~ LORRAINE A. ARlNDAIN -"",. -~. .,~. ,-~~ '""~ ~ - . " _'_J,:, Ji..~_>'U-~.,; LORRAINE A. ARINDAIN PLAINTIFF V. ELUlT LOPEZ-ENRIQUEZ DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-3197 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 01, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill. PA 17011 on Monday, July 09, 2001 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 auy 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: Isl 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 - t-'I/~I & '1/ 0( ~'If.tJ/ t:ll ~D...nC:F',~r 1\...'-- ......J Iv,... Or- "1"' ,r-' "f"----'1 !r\t\1,.......TJ\ny 't : I::: (;'~',.1: ~~{,,"j; \j\) I,'"\f) 01 JUN -4 PM 3: 48 CUMBERiYND COUl\rrY PENNSYLVANIA ad- t!~ }t1~ t <4 ~-~ '71~ ~ g; f- ~ /V1-~ ~. dj ~ ~ ,,~_,~!$-h,r_ ~1'll'Jl1_I_!$J~lrJ 4.-,,", , ,~~._II! " r ~ I, :11JJf~~~:"'ft-,,-m";"-''''P'0<'.f~"'''"''';:;-t<j''"f'jiP9if''';!ltf(lffi':<lii!if~tli1l1:r,;;,Ii6'>>i!;"jffl"j}_'i@W1-1l!!Jrn~I:,.l~~ "'" Lo-tA~ A. ~~ VS. ~1j~-~ _1.. .,' "'.........,.l. - ,_", "~.i In the Court of Common Pleas of Cumberland County, Pennsylvania :W1"t No. dlaol -d,~?91' Civi1.19 ...9~~ ~ # ~~ ~ SP~-)I ;U %~-~~. TOr~ ~aJ) Prothonotary ~~-~ Attorney for Plaintiff J@, "s-&if'!I'k~m~4tI4-<Ml,*;";,I;gjrti",,:',01'.ill"t:^'''ijj:'';e',\,'~1'tl,"'\"~'L'1;:-t('"-"_"'''''''''B'-J':,;'''''';'~'', .^","~;~",;iIi'"H'~,Y';"\\fbhj!itillil&llili~~~!il_~1!\l1;I;il~~,i;i~KW.'it~-lm\~H;i!i'!ti~~~D~~~l= Tenn, 19 No, ':->,:',~)Tt1.nY 01 'I"'" I \".J' L' ..It,} .(, , 1I:::;c. ,,~ CU'F'C..... IVJr'--->""L' ~,,\-r~ ('""."d "'\J'V -- . J" ,~! Vi II i I PENNSYLV!,!\jT~: ' vs. PRAECIPE Filed 19 ~,J 11 ^'," _~,_~, ~. u -,~ -~~ "~ ^--, -'~~,i Lv~ Atty. ~ ~ , ,- ~ "" ", '"' . '. "11"'1'<" , ~ vs, AUG 0 6 2[!\Ul IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3197 LORRAINE A. ARINDAIN, Plaintiff ELUIT LOPEZ-ENRIQUEZ, Defendant CIVIL ACTION - LAW CUSTODY TEMPORARY ORDER OF COURT Oler, J. - AND NOW, this '1 rI:1 day of August, 2001, upon consideration of the attached Custody Conciliation Summary Report and the appropriate service having been made upon the Defendant, the following Temporary Order of Court is entered: 1. The Mother, Lorraine A. Arindain, shall have sole physical and legal custody of the minor Children, Eluit Lopez-Enriquez, II, born April 8,1990, and Emilie L. Lopez-Enriquez, born August 28, 1991. 2. In the event that Father is aggrieved by the terms of the Order, upon proper petition, an additional Custody Conciliation Conference may be scheduled to hear his request for modification of the present Order. 3. Counsel for Plaintiff shall serve the Defendant with a copy of this Order at his last known address. BY THE COURT, Dis!: J. i/ Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070-1931 rC\ \ e, "'" Eluit Lopez-Enriquez. 2624,A S. 92" Street, Lakewood, WA 98499 ~ '!:'. -& ~ ~, :<\,0 \7 ffi , o. ~--'" , , .,--o",J.u'!mf:f!~f'" """" ~","~o.~-,1\lII!IIIIIl~"",,", ,~~ ~~ > ,= ~ .::: O! WG - 7 Pii I: 5 I CUMBEhlAi'~D COUNTY PEN~ISYLVANIA , V~~~l'i/lVlf,,j'_+"t'1N''''-'~''FWi<I\J-,,m''I<1~~!WI:~-~~W~El~m't}!1~o;!ll;R-i!'''JF~~~~ ~J '" ',I 'J I,,"" . "-~ .,-" " W,_.1~:";:'__ic";"_;'-__ ',.k '---''';'''1'i>-''"",U . LORRAINE A. ARINDAIN, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3197 ELUIT LOPEZ-ENRIQUEZ, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Eluit Lopez-Enriquez, II Emilie L. Lopez-Enriquez April 8, 1990 August 28, 1991 Mother Mother 2. A Custody Conciliation Conference was held on July 23, 2001, with the following individuals in attendance: the Mother, Lorraine A. Arindain, and her counsel, Barbara Sumple- Sullivan, Esquire; the Father did not appear for the Conference. 3. Service of the Order scheduling the Custody Conciliation Conference for July 23'd was accomplished on June 23, 2001. The Affidavit of Service was dated July 2, 2001, and sent to the new address given to Plaintiff's counsel in correspondence Plaintiff's counsel received from the Defendant dated June 8, 2001. Counsel for Plaintiff having demonstrated service of the Order scheduling a Custody Conciliation Conference requested a Temporary Order confirming the status quo. A Temporary Order as requested by counsel for Plaintiff is attached. ~l Date elis Peel Greevy, Esquire Custody Conciliator ,.:,-,-';-,' .. Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 LORRAINE A. ARlNDAIN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY ELUIT LOPEZ-ENRIQUEZ, Defendant : NO. 2001 - 3197 AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that I served a copy of the Complaint in Custody and Plaintiff's Emergency Petition for Special Relief in the above- captioned matter by United States Mail, Overnight Mail, No. EK608680504US, Return Receipt Requested, on the above-named Defendant, on June 23,2001 at Defendant's last known address: 2624-A South 92nd Street, Lakewood, W A 98499. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Dated: June 27,2001 'Barbara Sumple-Sn1livan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff " r,r~'-~- <'.':c~n;pf€i~.~~rti~"!f;2: i3h1f3;'!AIS6!cofti~i;rte>'.'~ item 4 if Re$trlcted Delivery is desired. .i Print your name and address on the reverse so that we can return the card to you. .. Attach this card to the back of the mail piece, or on the front if space penn its. 1. Article Addressed to: x D. Is delivery ddress m item 1? If YES, enter delivery address below: 3. Service Type ~ . _.:.. I " 'Express Mail o Registered ... eturn ReceiptforMerch~ . o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes '.,',j' " 10259S-00.M-0952 EXHIBIT "A" <-,- ~-- ~'1;~ ,,-"- ~ , _ I, .~. ':~ ..8.....' '.. " it.. ,. u:; o .... CI) o G.. ~ ~ !Ii ~ Il.i ~ C!:: ~ Q.; :::! - ~.~~ I. ~. ~ ! f ';', -" J," _.,1_, , ~. .--. ,{doo JaWOlsno IfUfWlfl IJll~ ~J"m~I' f~i~lillll':11 *-' :E ,'::,~K;' -~-b:< [;J',:, .8 '6 ...'8" 0_," 5 [];, '~4,', ~m; '~,~ * VJ :::J .::l" c::J 1.,11 c::J ~ ..J] ~ CI ..J] ~ W '. i ",',~. ~I; It ,.. '" . .... , 1= '. . ., " 'i.f. '.". ...., ,~. , ..... " f :, III ~ 0 II L,ih~, ~!~ ! I . '" r!1 'e: ,-'-',' ;. -" ~-" /--,-~ ^~'::C'" .'-~-~ . =, r ~~~ ~-~. I~~-[ ";"--"--" ~iIi<i!W-'-I' I . '" '.., , Lorraine A. Arindain, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - CUSTODY Eluit Lopez-Enriquez, Defendant NO. 2001-3197 CIVIL TERM IN RE: PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF BEFORE OLER. J. ORDER OF COURT OLER, J., June.;>"" 2001. t AND NOW, this2'- l1ay of Jlffie, 2001, after careful consideration of Plaintiffs Emergency Petition for Special Relief, and it appearing that, based on the representations in the petition, Plaintiff has physical custody of the parties' children lffider a June 23, 1997, order of the Pierce COlffity Superior Court of the State of Washington, and that the children have had little, if any, contact with the State of Washington in the immediate past, 1 it is hereby ordered and directed that, pending the conciliation conference scheduled for July 9,2001 and further court order, neither party shall rernove the children frorn the Commonwealth of Pennsylvania or secrete the location of the children frorn the other party. BY THE COURT, J. esley Oler, r, J. 1 at -J.o Jecik-SIA/!)",cln C<X(Yf/\(}.\e 10. cl,,-JLor~- 6vr~u...~ cOf y "'0 \ I eo!. Go ~Ji~- {1/ 1 A pending rnatter in the Washington .court has not yet been assigned to a judge and this court will continue to attempt to confer with the Washington court to discuss the jurisdiction issue, pursuant to the Act of Dec. 19, 1990, P.L 1240, No. 206, ~ 2, 23 Pa. C.S.A. ~ 5355(b) (West 1996 & Supp. 2001). . I I " 'I ' ii, II i! ,,~-,~ ,_ ~ ,~!il!'l" ~ ~.,"~ 01 JUH 26 ::':):/\Ffl n:l r ;.~ I. n' ~. t C CUMc,IF-;U<\iu ()]0i\jTY PFNI\l-::~\r/1 \/t~I\IU:\ ~~ ''-_......d " ~_~~'M\l~~~-B'i!!mI~~Mll'i7t~!I'-i""\'!fi~,,",'r;""i'''!i'(@r)J:'l\~''''''':&~JBj,,~,~t~'~1i~'1~~mm1"!':~t'lff~t!I~~~~ -"-.'" -"'~~- .~ . -\ " Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiffs Eluit Lopez-Enriquez 2624-A South 92nd Street Lakewood, W A 98499 2 -~~-~ ,- ~. -, -:'l1W~",,,..&,,_,,,,,,,,, -,,--'--,- ....M.:..I. .0",-,,_,\'_/__'."'-'" __ ~--- ',";:-- :' :: -" -';""'" ~- .-;,',,',-"- ";-,--'--",, "",,~":_, ",c ;:;~S~:;>:;:E~/? ,~:'~:~~~~:;\,~t:~~~;;~j:,:':; -'-'-" -.', L)>:"~J , . , ~ LORRAINE A. ARlNDAIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - CUSTODY ELUlT LOPEZ-ENRIQUEZ, Defendant : NO. 2001 - 3197 ORDER OF COURT AND NOW, this day of ,2001, upon consideration of Plaintiff's Emergency Petition for Special Relief, it is hereby ORDERED and DIRECTED that: 1. Pennsylvania is deemed to be the home state of the children as the term is defmed by 23 Pa.C.S.A. S 5343; 2. Pursuant to 23 Pa.C.S.A. S 5344 (a)(l) and (2), Cumberland County shall have jurisdiction in determining custody of the children and any modification or related issue shall be determined by this Court; 3. Pending further hearing, the status quo is reaffirmed and shall remain in effect wherein Plaintiff shall have legal and primary physical custody of the children; and 4. Pending the conciliation conference, Defendant is granted rights of supervised visitation. Said visitation shall occur in Pennsylvania with a supervisor mutually agreeable to both parties. ' FOR THE COURT, By: 1. ':"~~ "~"':-"''' -,-,~ , ' , " ( Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 LORRAINE A. ARlNDAIN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - CUSTODY ELUlT LOPEZ-ENRIQUEZ, Defendant : NO. 2001 - 3197 EMERGENCY PETITION FOR SPECIAL RELIEF 1. The Plaintiff is Lorraine A. Arindain (hereinafter referred to as "Mother"), who currently resides at 111 S. 24th Street Apt. IN, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant is Eluit Lopez-Enriquez (hereinafter referred to as "Father"), who until just recently resided at 18021 Idlewild RD SW #2, Lakewood, Washington 98498 and may have just recently moved to 2624-A South nnd Street, Lakewood, Washington 98499. 3. The parties are the parents of two (2) minor children, namely Eluit Lopez-Enriquez, II (born 4/8/90) and Emilie L. Lopez-Enriquez (born 8/28/91). 4. The children have always been in the primary custody and care Mother. When Father participated, it was only on a limited basis. Father has not seen the children for more than two (2) days in a row since June of 1997. c-" 'V _-'r,_, '" . '_,"_"'" i-.:.:i\ ,;:: ;:,:_o_:~~;-:;~~; '--':-;~~. :~:-'~;:;!:':f'~':g~'_,;;: ~-u;:~"!\,~ 'f,j;"~-'~.e;;;'~:,'_=,' , ,"'"" ,-,)"-'-" -~" !"6'_<'<"C-" '<,r '--, :>",:;,_!,1,,~1>,d,,'-"'i:',''j''',''i';W_'~_":':;''':'';", ." d'-' '".-", -- -'.'~- . 'f C'_ '--. 5. The parties participated in an action in Pierce County in the State of Washington. The parties entered into a Parenting Plan dated June 23, 1997 which provided Mother with legal and physical custody of the children and allowed Mother and the children to relocate to England. Said relocation was due to Mother's Husband's military deployment. Father was provided rights of visitation during the sununers while the children were out of the country. The children retunled to the United States in June of 2000. There is no current order in any jurisdiction which addresses summer visitation plans for Father under the past and present circumstances. 6. Father, by his own choosing, has had little or no contact with the children. Although the Parenting Plan provided Father with time with the children, Father did not see the children from June 23, 1997 until November of2000. Father's calls to the children have been minimal. 7. When Father finally requested to see the children in November of 2000, Mother acquiesced but Father did not utilize the time he requested. On two of the days, he saw the children only two hours. Two other days Father did not see the children at all. After this visitation, Mother learned that Father was operating a motor vehicle with the children while he had a suspended license. The children stayed overnight from Friday approximately 6:00 p.m. to Saturday 6:00 p.m. so the children could visit with their grandmother in New Jersey. 8. After not hearing from Father for an extended period, Mother received a request from Father on May 10,2001 requesting extended visitation for this sununer. Father's letter of May 10, 2001 is attached as Exhibit "A" and incorporated by reference herein. 2 _,L__' , ' , , c,-:__ .~o~,' ;, ',,' - ;,;,:[?";~;~:'{':~:':":f;:'!:~:L:'" -,.-', "'_--:"_'h~_-.-"-'O'''--'' h,_' L",' '-"""":""- ""~' +" -', " p- ,"-" ,',-. ---","-':, -,<, - - ""''''"0 *,'-- c ..: .1 9. Because of Father's lack of contact with the children and Mother's concerns for the children's best interests while in Father's care, Mother avers that it is in the children's best interests that any contact he has be phased in after Mother is able to confirm the suitability of his living arrangements. To address same, Mother filed a Complaint for Custody on May 25, 2001 in Cumberland County and forwarded same to Father's last known address that was identified in his letter of May 10, 2001. A copy of said Complaint and the Orders scheduling the conciliation conference are attached as Exhibit "B" and incorporated by reference herein. 10. Mother has no knowledge as to whether Father has a valid driver's license or, ifhe does not, how he intends to transport the children. This is of concern because Father has in the past transported the children while having his license suspended. 11. Mother has no knowledge of the composition of Father's household or whether there will be adequate facilities for the children while in his care. Mother has no knowledge of Father's present living conditions. In the past, Father has been evicted from his home, lived in a hotel, had his car impounded and he has not maintained employment. Recently, Father advised that he had to move from his home due to a gas leak. Father has provided no information concerning the adequacy of his home. 12. Mother has no knowledge as to what arrangements Father has planned for the children or who he intends to care for the children while he is at work, ifhe is working. 3 - ~ --'~'-- c-";:"'., > ""'.'~ " ", c-"'_~;""4:~'",.~ :}~:':_~:,:/.'~:.'":';l~,~".,i",':.:J,.'.'.~" "'" { ~ 0"_',' "i' '~,., _ _ _~..:; ; ~ --,' -, -P'-"';":--.',-). '"-,,,,,,,,';';'..,,--,,,, ""'-<J:;-c'>'" ""A' :_'~";:"'/~",_t'~".,,_ '''5'"' ,~ "~ ( . , .: 13. In an attempt to explain her concerns and to resolve this matter amicably, Mother's counsel enclosed a letter with the Complaint for Custody which provided a phase-in period of contact in Pennsylvania and addressed the aforementioned concerns. Said letter and Complaint were sent via certified mail, return receipt requested and restricted delivery to the address Father provided in his May 10, 2001 letter. A copy of said letter is attached as Exhibit "B" and are incorporated by reference herein. 14. When Mother's Complaint for Custody was filed, Mother's counsel provided the required self-addressed stamped envelopes for Mother's counsel and for Father at his last known address - 1821 Idlewild Road, SW #2, Lakewood, Washington, 98498 for the forwarding of the Order scheduling the conciliation conference. 15. On June 1,2001, an Order was entered scheduling the conciliation conference in the above-captioned matter for July 9, 2001 at 1 :00 P.M. before Melissa P. Greevey, Esquire. Due to conflicts, this conference was rescheduled to July 23, 2001 at 11:00 A.M. 16. Shortly thereafter, or on or about June 11, 2001, Mother's counsel received a telephone call from Father wherein Father acknowledged receipt of the Order scheduling the conciliation conference. Father advised that he did not receive the Complaint even though the complaint was sent approximately two (2) weeks earlier to the same address that the Order for the conciliation conference was then sent. 4 _<-,___"_" c_"'" -,- ::, '-~.. "'.:<-<L7L ~:' : ;~~-"{-~~1;:':!."l::i.'\ri, _ -,"T r.' . _" _ " . -",:,-''-,'-,_:'--'{--"'''>:;' "-,-'-' :"-""- --;:,-",>-.,,'.' ,-, . ,-,'" " ,~.,', '-,' ;,.-; ,,- . '-. ". --/;;;. - , ' - . , . .. 17. During this same call, Father advised Mother's counsel that he had to move due to a gas leak but he would not provide Mother's counsel his new address and Father indicated also that he would be taking action in the State of Washington. 18. Counsel for Mother explained that there was no provision for sununer visitation for him in effect under the prior Washington State Order and that jurisdiction of this matter was in the Pennsylvania Courts pursuant to the Uniform Child Custody Jurisdiction Act since Pennsylvania is the "home state" of the children. Father was advised that his proposed request was rejected. 19. Father refused to provide counsel with his address. 20. Then, on or about June 18,2001, Mother received a letter wherein Father provided his new address and indicated that he would still be arriving on June 27, 2001 to pick the children up. He forwarded a copy of a plan he filed June 8, 2001. 21. As set forth above, enclosed with Father's letter were a Petition for Modification, Sununons and Order Allowing Service by Mail that were filed in the Superior Court of Washington, Pierce County, Docket No. 95-3-01987-0. Said documents were filed on June 8, 2001. A copy of said documents are attached as Exhibit "C" and incorporated by reference herein. 22. Pursuant to Father's handwritten note, Father is arriving in Pennsylvania expecting to commence a visitation on June 27, 2001. Father did not provide any specific details of the visitation. He did not provide a time of arrival, his time of return, or his plans for the children. 5 - " _.'~, <'_c_ , ~ ~'<? - ~ ';:O'J,"'-'''' "0.,'''' ~'~'k' ", i":::;-:" ."---"._,,--.,,, '^" '- "S---~"." "Y-", t,,(,~::t T'--'''r'' '-',J: ,;' , "~"::-1,,'?::~1-- ,.."'_~ ~ "f;'; . -,,'~ ,,,--_.' ,,",',--,-- '::::'<<.::J'~-~ ;- - "",~',..'-'o'~_~.'~,,__ " ,-,--'-'--,:",-,,"- ~'.C' ,__, .__n_"-C;~ ,,', ,,'_ . .. . 23. Pursuant to the Uniform Child Custody Jurisdiction Act (hereinafter referred to as "UCCJA") 23 Pa. C.S.A. ~ 5343, Pennsylvania is the children's home state, in that the children have continuously resided in Pennsylvania since June of 2000 and in Cumberland County since September of2000. 24. Further, Cumberland County has jurisdiction as provided for by 23 Pa.C.S.A. ~ 5344(a)(1) and (2) in that: 1. Pennsylvania is the home state of the children in accordance with 23 Pa. C.S.A. ~ 5344 and has been since June, 2000 and the children are physically present in this Commonwealth, and 2. It is in the children's best interests because the children and their Mother have significant connections with Pennsylvania. Pennsylvania is the sight of substantial evidence concerning the present or future care, protection, training and personal relationships of the children. The children attend school here. The children have had no significant connection with the State of Washington since June of 1997. 25. Because of Father lack of contact with the children, Mother avers that it is in the children's best interests that visitation with Father be reestablished gradually and initially occur in the Commonwealth of Pennsylvania under the supervision and direction of the Pennsylvania Court. 26. Said visitation shall be expanded after Father has demonstrated that he will maintain a consistent schedule of visitation and contact with the children and Father has adequate facilities for the children. 6 ~ ~ -- );...,<, ~,~c.~~"", "-'-"c,---' ---"-~~.. , "_'_';,__'n,_,n_ , ~ '. ;_, i .'_ ~, ,- -''',",';'-'_:'!r,:,''_ "",""T "':[":'4",",' "'-,'" -,-:.",-;-",,_"0, . - ~- '_0 _,_,no ;:t~_ ,0""'_,_:__,'_,_'7" ,;;"-,,-;',,,-,-/, ,-,,-, r''';'_,,,- -,'-,:i,l__'~ ",--'-'-;';';'."'''8'0' L~,,,_,,,:___,~;X; :";;,-, ,,"- '"""""''- .' . , ( 27. ,In Father's Proposed Parenting Plan filed with the State of Washington as filed on June 8, 2001, he requested eight (8) weeks of uninterrupted visitation during the sununer and that Mother be responsible for 52% of the transportation costs for the visitation. 28. Mother avers that, because of Father's lack of consistent contact with the children, shorter periods of visitation are required so as to allow the children to reacquaint themselves with their Father. This phase-in period will also allow Father to verifY that his lifestyle has stabilized and the children will be safe when they arc with him. 29. Further, it is not in the children's best interests that Mother be responsible for 52% of the transportation costs in that Father has failed to provide support for the children and is in arrears in excess of $11 ,000.00. This additional financial burden on Mother will reduce the already limited monies available to the children for their support. 30. Without this Court's emergency intervention, Father will arrive at Mother's home on June 27, 2001 expecting to remove the children out of this jurisdiction and Commonwealth for an extended period of time to unknown living conditions and circumstances. 31. Mother avers that it is in the children's best interest that they remain in Pennsylvania until their best interests and care can be confirmed by appropriate legal proceedings here, with an order securing their return. 7 ~- ~ . _~ p_' ~ C-' ,.', ._. - "_"'~_ c '~<' '. '.___, ." ~'_-_ :,--~'-",-~_:-::"' ;~:I '.)~':.r-';;:':'''~','' ,--'-'- ~',-- " -: ~:,:,:'::;~ <-' "~-~.;j' "'--.~ :;::":;;~~_i::;:;-;:>,: r:;~:i~'-jX2~:;j? -;";",,,;:.;,,--i .. . , WHEREFORE, the Plaintiff requests the Court to grant the following: 1. Pennsylvania is deemed to be the home state of the children as the term is defined by 23 Pa.C.S.A. S 5343; 2. Pursuant to 23 Pa.C.S.A. S 5344 (a)(I) and (2), Cumberland County shall have jurisdiction in determining custody of the children and any modification or related issue shall be determined by this Court; 3. Pending further hearing, the status quo is reaffIrmed and shall remain in effect wherein Plaintiff shall have legal and primary physical custody of the children; and 4. Pending the conciliation conference, Defendant is granted rights of supervised visitation. Said visitation shall occur in Pennsylvania with a supervisor mutually agreeable to both parties. DATE: June 21, 2001 Barbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D. 32317 Attorney for Plaintiff 8 '-- _0".. -" , -.-, ,-~ 'h,~";i(;Oi!",,,-'>'l-""-"-;"', , i~":..u-'''--<~,~ o 0" .. , May 10,2001 Dear Mrs. Lorraine A. Arindain, This letter is to infO~ of U'~~ to pick up Eliut & Emilie Lopez-Enriquez for the summer of2001.1 will be picking them up b e 26-28, 200 lease let me know what day is most convenient for you. 1 understand that you no longer reside in London and are back in the United States. I will make all travel arrangements as per our last parenting plan dated June 1997. On May 04, 2001, 1 called and tried to get information from you and you stated that you had been advised not to say anything to me and not to ask the children for the address. According to the divorce decree, you are required to provide me with the children's current address and phone number in which I can reach them. I called you again on May 09, 2001 and was given your new address. When 1 called back a minute later 1 talked to a "Tera" which stated that you had just stepped out. 1 requested that she relay a message to you to provide me with the last date of school for the children and the name of your lawyer. k of today, I have not received a call back-with this infoIl!lation. According to the revised ;:renting plan, I am required to give you a written notice of at least 30 days of the dates in which I will have the children for my 6 week visitation. 1 hope that in the future, we may be able to get through this process more smoothly and not use the children as a means getting at each other. \ ReSpeCtfu"~~ /~/~qF ElIut Lopez nriquez 108211dlewild Rd SW Lakewood., W A 98498 253-973-1745. I,,:; ,"', ",--"",-- -",j'~ . ,.'- ", ,,,~,~ ",,-""~~'-:. ~, ~ . . 0) . , 0.. . LAW OHICES BARBARA SUMPLE-SULLIV.AN lS49 BRIDGE STREET NEW CUJ.IBERLA.""D. PE~SYLVA.'nA 17070-1931 PHONE (717) 774.1443 FAX (717) 774-70:5,9 May 25, 2001 CERTIFIF.D MAIL I RESTRICTED DELIVERY RECEIPT NO. 7000 0600 0028 3892 5015 Mr. Eliut Lopez-Enriquez 10821 Id1ewi1d Road, SW #2 Lakewood, W A 98498 ~ Re: Eliut and Emilie Lopez-Enriquez Dear Mr. Lopez-Enriquez: Please be advised that I have been retained by Ms. Arindain to assist her in addressing the issue of summer visitation. We acknow!eqge receipt of your letter requesting the children for a period of six weeks commencing in late June, 2000. Before coordinating the scheduling of your sun'.mer visitation, some issues must be addressed. First, I believe that we need to clarifY the legal posture of the Washington Court order dated June 23, 1997. It appears that the order is expired. Paragraph 3.5 had a summer vacation schedule set forth for years that mother and the children remain outside the continental United States. This is no longer the case since the children have been living in Pennsylvania since the year 2000. The order needs to be modified and updated. However, because of the relocation of the children to Pennsylvania once they entered the continental United States, jurisdiction of the custody matter has been vested here in Pennsylvania. Since it is the "home" state of the children, we therefore have filed an action in Pennsylvania to address the cifanges necessary to effectuate an order for custody. A copy of same is being du1y served upon you with this letter. Second, and as you can imagine, one of our major concerns is the lack of contact that you have had with the children. Over the past three (3) summers in 1998, 1999 and 2000, you have not exercised any summer visitation rights. The last time the children spent any significant time with you was during the Summer of 1997 when you had the children 13 days. The summer before that you spent three days with the children. Because your contact has been inconsistent, a present transfer of the children for an extended period is not feasible.> Please note that it is not our intention to preclude you from building a meaningful relationship with the children. However, we need to phase in this contact for the safety and comfort of the children. More disclosure needs to be made about your ability to provide for and care for the children while they would be with you. For instance, during your visitation with the children in November of 2000, my client allowed contact despite your absence from the children's life for an extended period. She wanted and suggested a phase in of contact. You saw l.,~ "I ,I ,--, .', ."i'.'oJ" "'~'" '_,__. .... t-; " Cl '- (~ ~ . , Mr. Eliut Lopez-Enriquez May 25, 2001 Page 2 the children only two hours on two days and failed to come for contact on the other two days. My client later ascertained that during that visitation, you were operating a motor vehicle with children in it while having a suspended license. Although we would like to develop a schedule of contact with you, this visitation must be safe. It appears in reviewing the Parenting Plan dated June 23, 1997 that an "uninterrupted" extended period of six weeks has Ill:Yl:! been contemplated by the parties. The prior Plan provides for "interrupted" visitation which I interpret to be non-consecutive weeks, as well as coordination with Mother of the summer schedule. This Plan also provides that Mother shall have the 4th of July hQlisjay. My client is willing to work with you to effectuate a workabie schedule and is willing to give up this holiday time. Assuming satisfactory details of your whereabouts and care can be established, we suggest starting this phase in for a week in July and a week in August for the Summer of2000. So as to ease the children's transition, we request the fIrst segment should be exercised in the Central Pennsylvania area so as to allow a period of adjustment for the children and allow you and the children to get reacquainted in an area that they are familiar with. This will reduce any anxiety they may have. Lorraine would be glad to assist you in providing you information regarding various activities for you and the children in this area. Prior to your visitation, we require that you provide verification of a valid license. In the event this is not possible, please provide verification of a properly licensed driver who will provide the tran~portation during your visitation: We would like also a signed interim order documenting your custodial period. , Prior to exercising the balance of your visitation, please confirm as to the composition of your household and provide a schedule of where the children will be during their visitation with you. Once this information is received, we can coordinate the schedu~f the exact dates of visitation. When the children are with you, we also request that they have free access to contact their Mother at anytime they desire. We also request that specific times for telephone calls be scheduled. Please forward the requested information and we can commence the scheduling of your summer visitation. I would be happy to speak to your counsel on this matter. BarbaracSumple-Sullivan BSS/ld Enclosure cc: Ms. Lorraine A Arindain - , "ill ' "-'. ;0 <'~'::~ ~.,.'" ,:,,<.:).--, ;;:./ ~,. ..~';~ .....,~'" ~.~~. .. LORRAINE A. ARINDAIN, '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V' No. 01-3197 Civil Action - Law ELUlT LOPEZ-ENRIQUEZ IN CUSTODY Defendant. ORDER OF COURT AND NOW, this 8th day of June, 2001 upon consideration of the request of the counsel for Plaintiff, the Custoayconci1iation Conference previously scheduled for July 9, 2001 at 1:00 p.m. is hereby continued. It is hereby directed that their parties and their respective counsel appear before Melissa Peel Greevy, Esq., the conciliator, at 214 Senate Avenue Suite 105 Camp Hill, P A 17011 on the 23rd day of July, 2001 at 11:00 a.m. for a Pre-Hearing Conference. FOR THE COURT, W!if!-f3-r--- ustody Conciliator '\ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individual 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 __......._" 'oc___'_' _'.'__.'_'_ _"~___ ~--._--._- -- ____, ._m. M_' "-,, ,~ ' :_ > I f~ ,__ ._ " :.- '1--, ;;,;;",,'-', C) t") . ,- LORRAINE A. ARINDAlN PLAINTIFF V. ELUIT LOPEZ-ENRIQUEZ DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3197 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 01, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, July 09, 2001 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defIDe 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: /sl Melissa P. Greev')I. Esq. {)\J'\ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilifes 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166nUE COJ>Y F~CM RECORD . . 'In Testimony whereof, I here unto set my hand . and the seal of said Court at Carlisle, Pa. This ....4.......... day of,..~......, ~:t- ,...........~....~;~.*'. "" , -~, " __J.. - ,___<i i ,r_-" >.",-,-~" ' -~, ~'''' , () 'J. ... "f LORRAlNE A. ARINDAIN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - CUSTODY ELUlT LOPEZ-ENRIQUEZ, Defendant : NO. &/, 3J;7 cwJ ORDER OF COURT AND NOW, this day of ,2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of 2001, at_.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be he!lfd 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. FOR THE COURT, By: C~stody Conciliator The Court of Common Pleas of Cumberland County is required by law to~ply with the American with Disabilities Act of 1990. For infonnation 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 TIDS PAPER TO YOUR ATTOR"IEY 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 LE?AL HELP. CUMBERLAND CQUNTY BAR ASSOCIATION 2 Liberty Avenue " CARLISLE, P A 17013 (717) 249-3166 .;."i"' " " ~ i, " ",- " ";],,-.-, ~,:;~. I, -, -=, - -'.""-^,,.' ."-',"",,. ,-,- >"-,,",,'J"':',;c,, . ,I."') o. " LORRAINE A. ARlNDAIN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - CUSTODY ELUIT LOPEZ-ENRIQUEZ, Defendant ; No.ol- "3/97 o <;:; c::' -- -: -ci \'f"- :Z~_ j-,) 7,'-..-_ L." ~::; -' ~t i~~; ;; ~~~:-r The Plaintiff is Lorraine A. Arindain (hereinafter referred to as "MOthe~ w@ ~l currently resides at 111 S. 24th Street Apt. IN, Camp Hill, Cumberland County, PeIW-sylvania, CUSTODY COMPLAINT 1. 17011. 2. The Defendant is Eluit Lopez-Enriquez (hereinafter referred to as "Father"), who currently resides at 18021 Idlewild RD SW #2, Lakewood, Washington 98498. 3. Plaintiff seeks to confirm legal and physical custody of the following children: , . NAME PRESENT RESIDENCE DA TE OF BIRTH Eluit Lopez-Enriquez,II En,:,ilie L. Lopez-Enriquez 111 S. 24th Street, Apt. IN Camp Hill, P A 17011 4/8/90 J/28/91 4. The children are presently in the custody of the Mother who resides at 111 S. 24th Street Apt. IN, Camp Hill, Cumberland County, Pennsylvania, 17011. 5. During the past five years the children have resided with the following persons at the following addresses: 1 -", ~I '.~~ . , ;' _' , '~''''-'I'''L~ ,_;,,,_,,7 N ~" '-'~ ' _""~: , , n (~ \ - ~ 1 " DATES ADDRESSES NAMF.',OFPRRSONS IN HOUSEHOLD 9/00 to present 111 S. 24th Street Apt. IN Camp Hill, P A Mother, the children and the children's brother, Jaron 6/00 to 9/00 336 E. Sheridan Avenue Annville, P A Mother, the children, the children's brother, Jaron and maternal grandparents 7/97 to 6/00 New Market, England Mother, the children, the children's brother, J!lTon and stepfather, Jason Arinchln 6. The Mother of the children is Lorraine A. Arindain, currently residing at III S. 24th Street Apt IN, Camp Hill, Cumberland County, Pennsylvania. Mother is married but separated from her spouse. 7. . The Father of the children is Eluit Lopez-Enriquez, curren~ly residing at. 18021 Idlewild RD SW #2, Lakewood, Washington. Father's marital status is unknown but believed to be divorced from his second wife. 8. The relationship of the Plaintiff to that of the children is that of Mother. The Plaintiff currently resides with the following persons: NAME RELA TIONSmp Elutt Lopez-Enriquez, II Emilie L. Lopez-Enriquez J aron Philip 1. Arindain Child in question Child in question Children in question's brother 2 -, -'. " "".; L ~ ", "0 ---,- -~~-.-'~.- " ' , " ~. - ,_.' '-"lJ~ ' '. " p) :) " 9. The relationship of the Defendant to the chiidren is Father. Mother has no knowledge of the current composition of Father's household. 10. The parties participated in an action in Pierce County in the State of Washington. The parties entered into a Parenting Plan dated June 23, 1997 which provided Mother with legal and physical custody of the children and allowed Mother and the children to relocate to England. Said relocation was due to Mother's Husband's military deployment. Father was provided rights of visitation during the su::::::ers while the children were out of the country. Tb~ children re,~ed to , , the United States in June of2000. A copy of said Parenting Plan is marked as Exhibit "A", attached hereto and incorporated by reference herein. II. Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 14. Father, by his own choosing has had little or no contact with the children. Although the Parenting Plan provided Father with time with the children, ~ather did not see the children from June 23 1997 until November of2000. Fath~r's calls to the chjldren have been minimal. , ;. . 3 --"" '-"'-'-1 L' _...J". _ _.'i ~t, ","_-<- , "~:::-,,-; , . (:'\ ;,' '. (j " . , , 15. When_Father finally requested to see the children in November of 2000, Mother acquiesced but he did not utilize his entire time. On two of the days, he saw the children only two hours. Two other days Father did not see the children at all. After this visitation, Mother learned that Father was operating a motor vehicle with the children while he had a suspended license. 16. Father has not provided support for the children and is in arrears in excess of $11,000.00. Mother has no Imowledge ofF ather's present living conditions. In the past, Father has been evicted from his home, lived in a hotel, had his car impounded and ~e has not maintained employment. 17. Afternot hearing from Father for an extended period, Mother has received a request from Father requesting extended visitation for this summer. It is necessary that any contact be phased in with the children due to their being away from their Father for extended time. 18. It is believed that Father has family in New Jersey. The children visited with same last November. 20. Mother avers that, because of Father's lack of consistent contact with the children, shorter periods of visitation are required so as to allow the children to reacquaint themselves with their Father. This phase-in period will also allow Father to verifY that his lifestyle has stabilized and the childrel} will be safe when they are with him. 21. Mother avers that it is in the cJ;ildren's best inter~st that the status quo be reaffirmed. 4 '-"; , ,,-, ,~-" " ^^ ,,'-.~'^",' ,,- '_h ^ -', .-,'. " ^ ""iii'rj~~ } o >') '. '. 22. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff can provide a stable, loving environment for her children. WHEREFORE, the Plaintiff requests the Court to grant her legal and physical custody of the children. Respectfully submitted, DATE: May 25, 2001 - Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court LD. 32317 ---- 5 .. ., . -' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 0(,\ . ..) ^ -, -I" ~, '_ , ~ , - ~." "_~'";. ",r'. (?) , IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON . /1V..c..... F / IN AND FOR THE COUNTY O}l,:':pIE~.'=:.'1'c'lVrr CLL~E D ... . cAlf'S A'hi. JUN O'*ICE NO. . P/EAcf;' 23 7991 s 7'EO Fj~UI.iIv" ~ vv' P.M. PARENTI~~COiJN;Y"/IVGTOtv ___ CLEA/( [l PROPOSED (PP) DEPUTy [ 1 TEMPORARY (PPT) [Xl FINAL ORDER (PP) PARENTING PLAN WPF DR 01. 0400 RCW 26.09.181; Page 1 (3/93) .187; .194 In re the Marriage of: ELIUT LOPEZ-ENRIQUEZ, Petitioner, and LORRAINE A. ARINDAIN,F/K/A LORRAINE LOPEZ-ENRIQUEZ, Respondent. This parenting plan is: [Xl the .final parenting order entered on ) ) ) ) ) ) ) ) ) ) ) by the court Dursuant to an which modifies a previous (. ate parenting plan or custody. IT IS HEREBY ORDERED, ADJUDGED AND DECREED. I. GENERAL INFORMATION This parenting plan applies to the following children: Name ELIUT LOPEZ-ENRIQUEZ EMIL~E LOPEZ-ENRIQUEZ Birthdate - -= 4/8/90 8/20/91 II. BASIS FOR RESTRICTIONS 2.1 PARENTAL CONDUCT (RCW 26.09.191(1), (2)). 24 2.2 .OTHER FACTORS (RCW 26 ~ 09 .191 (3)). 25 26 [Xl Does not apply. KEoINETH R. MnCHRl Attorney at Law 1517 So. Fawcett Tacoma, Washington 98402 (253) 383-5591 WSBAln7401. . - i ...l 27 28 ,~ . . 1 2 3 <1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I 28 i - , ">r...,,~ _, " ", ". >- ..' ~'"_L .-, ';.0 ";<i 0J /('\ , " ! [X] Does not apply. III. RESIDENTIAL SCHEDULE These provlslons set forth where the child shall reside each day of the year and what contact the child shall have with each parent. 3.1 PRE-SCHOOL SCHEDULE [X] There are no children of preschool age. 3.2 SCHOOL SCHEDULE. Upon enrollment in school, the child(ren) shall reside with the [x] mother [ ] father, except for the following days and times when the child(ren) will residE["with or be with the other parent: See Paragraph 3.5 [x) The school schedule will start when each child begins [x) kindergarten [) first grade [ ] other: 3.3 SCHEDULE FOR WINTER VACATION. The child(ren) shall reside with the [X] mother during winter vacation, except for the following times when the child(ren) will reside with or be other parent: See Paragraph 3.5 [ ] father days and with the 3.4 SCHEDULE FOR SPRING VACATION. ~ The child(ren) shall reside with the [X~other [ ] father during spring vacation, except for the following days and times when the child(ren) will reside with or be with the other parent: See Paragraph 3.5 3.5 SUMMER SCHEDULE. Upon completion of the school year, the child(ren) shall . .I>ARENTING PLAN WPF DR 01.0400 (3/93) ~CW 26.09.181; .187; .194" I>age 2 K~~NETH R. MnCHEll Attorney at Law 1517 So, ,Fawcett Tacoma. Washington 98402., (253) 383,5591;,' " ".>'" ..~""n" .Il.,,,.nt. ',,- _~, ... "' ~ , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . .' -, ;; H 'C 'd , - ; --,,~.,].- , ,". ~ , .~\ [ (?'). reside with the [X] mother [] father, except for the following days and times when the child(ren) will reside with or be with the other parent: [] Same as school year schedule. [X] Other: For summer 1997, the father shall exercise visitation with the minor children from Friday June 6, 1997 at 5:00 p.m. to Sunday, June 8, 1997; From Friday, June 13, 1997 at 5:00 p.m. to Sunday, June IS, 1997 at 6:00 p.m.; and Tuesday, June 17, 1997 at 5:00 p.m. to Monday, June 23, 1997 at 10:00 a.m. On Wednesday, June 25, 1997, the children shall travel to England with their Mother as scheduled. Beginning Summer 1998, the father shall exercise 6 weeks of interrupted visitation witlLthe minor children each year that they remain outside the continental United States. The mother shall. notify the father. at least 4 months in advance of the children's school schedule. The father shall reply to the mother's notice within 30 days and advise her as to the ~ates he intends to exercise his' summer visitation. The children shall be returned at least 14 days prior to the first day of school. . i \: !., i l' t, 3.6 VACATION WITH PARENTS. [X] Does not apply. 3:7 SCHEDULE FOR HOLIDAYS. ., '. I r The residential schedule for the child(reE) for the holidays listed below is as follows: ;, ,; ~ ~ with Mother ( Specify Whether Odd/Even/Everv) With' Father ( specify Whether Odd/Even/Everv) New Year's Day Martin Luther King Day .Presidents Day Memorial Day EVERY EVERY EVERY EVERY - PARENTING PLAN WPF DR 01. 0400 (3193) RCW 26.09.181; .187; .194 Page 3 KEo'INETH R. MnCHELL Anorney at Law I. 1517 So. Fawcett Tacoma. Washington 98402 (253)383.5591 '.. U1~tU.,M"I~lin1 . 1 2 3 11 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . c ~ " o_-.i'_'_ (?--, '(' ) j' , , . July 4th Labor Day Veterans Day Thanksgiving Day Christmas Eve Christmas Day *** EVERY EVERY EVERY EVERY EVERY < ,-il_,'" ( ," 'l""'~"''',' ^ '''' '-;".," -""':-"-"&, ] For purposes of this parenting plan, a holiday shall begin and end as follows (set forth times): [] Holidays which fall on a Friday or a Monday shall include Saturday and Sunday. [x] Other: Mother shall have July 4 holiday summer visitation schedule. 3.8 SCHEDULE FOR SPECIAL OCCASIONS. sUbject to father's The residential schedule for the childfren) for the following special occasions (i.e., birthdays) is as follows: with Mother ( specify Whether Odd/Even/Everv) Mother's Day Father's Day Mother's Birthday Father's Birthday EVERY EVERY EVERY EVERY [] Other: 3.9 PRIORITIES UNDER THE RESIDENTIAL SCHEDULE. [X] Does not apply. -PARENTING PLAN , WPF DR 01.0400 RCW 26.09.181; Page 4 (3/93) .187; .194' '. , with Father ( specify Whether Odd/Even/Every) -<::.. KE"'NETH R. MnCHElt Attorney at Law 1517 So, Fawcett Tacoma, WashinglOll 98402 (253) 383-5591 - - . - --... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '"" ~~ "l""' '''~ ,;,;" '_' . '.'_1'''''' ' , '~" ~ '-'''"''<f,; 'A Ir,., , ) /0,", , , 3.10 RESTRICTIONS. [X] Does not apply because there are no limiting factors in paragraphs 2.1 or 2.2. [ ] The [X] .:fathar's [ ] mother's residential time with the chil~en shall be limited because there are limitipg.xactors in paragraphs 2.1 and 2.2 The following restrictions shall apply when the children spend time ..ltlith this parent: [ ] There are limiting factors in paragraph 2.2, but there are no restrictions on the [ ] father's [] mother's residential time with the children for the following reasons: 3.11 TRANSPORTATION ARRANGEMENTS. Transportation arrangements for the childfren), between parents shall be as follows: Each party is responsible for their proportional share of long-distance transportation costs. (Father~ % Mother5:L %) ___j ....-- -- Father will forward airline tickets to the mother for children's scheduled visitation 30 days in advance of departure. Mother will then reimburse father for her share of travel expenses. Transfer of the children shall occur at the airport where the children are scheduled to depart and arrive, not at Lakenheath Air Force Base. Until such time when the children reach the age that airline rules and regulations permit them to travel without adult supervision, the father shall accompany the children f~ England to the United States and the mother shall accompany the children from the United States to England. 3.12 DESIGNATION OF CUSTODIAN. The children named in this parenting plan are scheduled to reside the majority of the time with the [X] mother [ ] father. This parent is designated the custodian of the child(ren) solely for purposes of all other state and PARENTING PLAN WPF DR 01.0400 (3/93) RCW 26.09.181; .187; .194. Page 5 KENNETH R. MnCHEll Auomey at Law 1517 So. Fawcen Tacoma, Washington 98402 . (253) 383.5591 . . W~'RA Jl i71l0'I l'~ .' I . 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '- ~-_~', .:J".;' , " ~ -~I: P>-c, ') ,~ I! ,:. federal statutes which require a designation or determination of custody. This designation shall not affect either parent's rights and responsibilities under this parenting plan. 3.13 OTHER: All correspondence between the parents regarding school schedule and summer visitation dates shall be accomplished by certified mail with return receipt. Each party shall keep the other apprised of their current address and phone number. Neither party shall interfere with correspondence between the children and the other parent. Each party shall have reasonable telephone contact with the children while they are in the other parent's custody. IV. DECISION MAKING 4.1 DAY TO DAY DECISIONS. Each parent shall make decisions regarding the day-to-day care and control of each child while the child is residing with that parent. Regardless of the allocations of decision making in this parenting plan, either parent may make emergency decisions affecting the health or safety of the children. 4.2 MAJOR DECISIONS. Major decisions regarding each child shall be made as follows: - Education decisions [Xl mother [ 1 fa'ther [ 1 joint Non-emergency health [Xl mother [ 1 father [ 1 joint care Religious upbringing [Xl mother [ 1 father 1 joint i, i' ~: r l 4.3 RESTRICTIONS ON DECISION MAKING. [l Does not apply because there are no limiting factors in paragraphs 2.1 and 2.2 above. PARENTING PLAN WPF DR 01.0400 RCW 26.09.181; Page 6 (3/93) .187; .194 -. KENNETH R. MnCHEll Attorney at Law 1517 So. Fawcett Tacoma, Washington 9S402 (253) 383,5591 .......... .. ......n. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . [,0' =-, 1-,', , ,~1. ~,-, " "n ',.--, - ,,~ ~..-"",'~:~"' /A . ') .~ .( \ , !. [X] Sole .decision making shall be ordered to the [X] mother [ ] father for the following reasons: A limitation on the other parent's decision-making authcriLy is mandated by RCW 26.09.191. (See paragraph 2.1). [ ] Both. parents are opposed to mutual decision making. [X] One parent is opposed to mutual decision making, and such opposition is reasonably based on the following criteria: (a) The existence of a limitation under RCW 26.09.191, (b) The history of participation of each parent in decision making in each of the areas in RCW 26.09.184(4)(a), - (c) Whether the parents have demonstrated ability and desire to cooperate with one another in decision making in each of the areas in RCW (0) 26.09.184(4)(a), and (d) The parents' geographic proximity to one another, to the extent that it effects their ability to make timely mutual decisions. [ ] There are limiting factors in paragraph 2.2, but there are no restrictions on mutual decision mahing for the following reasons. V. DISPUTE RESOLUTION Disputes between the parties, other than child support disputes, shall be submitted to (list pe~son or agency): c..avf ~oft"on M iJ'r..d!:-f-/~ dt:J!dJue t J ~~~~~;~~;\~: ~Ejf,:'-~3!~tkr ' or [] =,..'h'~ratleB by __ __...... ~ _ . . The cost of this process shall be allocated between the parties as follows: [ ] [ ] [ ) % mother % father. based on each party's proportional share of income from line 6 of the child support worksheets. as determined in the dispute resolution process. PARENTING PLAN WPF DR 01.0400 (3/93) RCW 26.09.181; .187, .194. Page 7 KENNETH R. MnCHELl Anomey 81 Law 1517 So. Fawcell Tacoma. WashinglDn 98402 (253) 383.5591. '''Tt.''DA J/ ;.,Jln1.-'.. ~~ ',,:,'lbJi -, -. ",__, '~.A - " ,;_, , - . "-'- """"'" -~",,-,;~\; ,0 /~---....., The counseling, mediation or arbitration orocess shall be commenced by notifying the other party by' [ ] written request [ ] certified mail [] other: In the dispute resolution process: (a) Preference shall be given to carrying out this Parenting Plan. (b) Unless an emergency exists, the parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support. (c) A written record shall be prepared of any agreement reached in counseling or mediation and of each arbitration award and shall be pTovided to each party. (d) If the court finds that a parent has used or frustrated the dispute resolution process withoUt good reason, the court shall award attorneys' fees and financial sanctions to the other parent. (e) The parties have the right of review from the dispute resolution process to the superior court. [X] No dispute resolution process, except court action, shall be ordered, because [ ] a limiting factor under RCW 26.09.191 applies or [X] one parent is unable to afford the cost of the proposed dispute resolution process. VI. OTHER PROVISIONS [X] There are no other provisions. [ ]- There are the following other provisions:', VII. DECLARATION FOR PROPOSED PARENTING PLAN [Xl Does not apply. ~ [] (Only sign if this is a proposed parenting plan.) I declare under penalty of perjury under the laws of the State of Washington that this plan has been proposed in good faith and that the statements in Part II of this Plan are true and correct. Mother Date and Place of Signature PAR.ENTING PLAN WPF DR 01.0400 RCW 26.09.181; Page 8 (3/93) .187; .194' KENNETH R. MrlCHELL Attorney at Law 1517 So. F"ween Tacoma. Washington 98402 (253) 383.5591. " - -- .-. ..... .~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "".1 ~; <?-- . rT\ ,. }' Father Date and Place of Signature VIII. ORDER BY THE COURT [ ] Does not apply. [X] It is ordered, adjudged and decreed that the parenting plan set forth above is adopted and approved as an order of this Court. WARNING: Violation of residential provisions of this order with actual knowledge of its terms is punishable by contempt of court and may be a criminal offense under RCW 9A.40.070(2). Violation of this order may subject a violator to arrest. When mutual decision making is designated but cannot be achieved, the parties shall make a good faith effort to resolve the issue through the dispute resolution process. If a parent fails to comply with 'a provlslon of this plan, the other parent's obligations under the plan are not affected. H. EDWARD HAARMANN {~ COURT COMMISSIONER -J~agg/Commlssloner Dated: , / ~esent.9,....bY: ';--- ~. . . ~ , /l. Ke neth R~ Mitchell, WSBA torney for Respondent --. ., Approved for entry: /;JMAUff!u~d ~ k ;drl7mt:r Kv~k: I~/~~II .~nt or Type Name #~& #17401 Kenneth R. Mitchell Print or Type Name PARENTING PLAN WPF DR 01.0400 (3/93) RCW 26.09.181; .187; .194 Page 9 KEoINETH R. MilCH Ell Attorney at Law 1517 So. Fawcett Tacoma, Washington 98402 (253) 383.5591 - -- , ,~ ',,,'-, ,,, ' , ^ ,,- "~'"," -, :"'-~:; '. ., ,~, /~~ LORRAINE A. ARlNDAIN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY ELUlT LOPEZ-ENRIQUEZ, Defendant : NO. VERIFICATION I, LORRAINE A. ARINDAIN, hereby certifY that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. ~~01-S () .C1v~6~ LORRAINE A. ARINDAIN ~ ~ - ~". -, -~~ . , , ;j..-;~- lIliIiii -.'''''~'' "I"";::"" ~"!,, ::. ~ 'f~fj ~:~:~ " o ~ ~ g fSgW'-=~ .!E'im-~ "? ~ 5 . c " " . ~" "~I >i :'1 ;, ~ Ii,] .-' ;) \'j \1 j j'i :i '"I l i ;~ . i ., . . " ".,'" ,n" '" " ~ ""'''' He", O:N "'" ~I.t: .:c ".,,, " 0 ~ 0 . 0"'''' ., 0 " 0 ~ " ,,~ ill H~~ l,'..~ 'i :l.1.jru ct...noW "... 'SI0rn4 June 08, 2001 Dear Mrs. Arindain, ~-~ " ' ~ '~ ':, ,~:-"o_,~v "..,_ "..,::\, This letterjs to infonn you of my recent cIMe in address. My PJIS! address at . , . Jdlewild st had a g&'1leak ill whch my neihbor IJ(ld myself were force to vacate tlte prelii esis. My new home address is listed below. Thank you for you understanding. :t /p;/ /1c li~! D~ ~ 2--~ . ' uP 2624-A South l..akewood, W A 9 " home phone: 253-5~59 cell phone (same) 25:\-97J-1745 fj, . ~/ 1'111::"; 1 i. " ", _ .---J ~,_" , :. ,~ - ',". 'b~';~ ~"~ ....,~~._" ,~',.~,~-: r- .l.~, . F'I'LEO iN COUNTY CLERK'S OFFICE A.M JUN - 8 2001 P.M SUPl!;RIOR COURT OF WASHINGTON COUNTY OF P~t. In re: EliutLopez-Enriquez "..... ".' ",'vv,,,n"'NGTOf" Pit:\vc:. ,,;,)Ul'< \ 1 Y'!-\~ll11 I J <t T. ~n pI '''''r ,,,-;-,: ,!\!~..,/ rl r:R';', ,.., '\'" ! ';'oJ';" .;.,...." ~W ~~~.~:~,.~_~~~~~,~~.~~~F~;.:'I Petitioner, NO. q<; - '?- b ( 4 ~ ~ V And Lorraine A. Arindain FKA:Lorraine A.Lope~-Enriquez Respondent. SUMMONS (MODIFICATION/ADJUSTMENT OF CUSTODY DECREElPARENTING PLAN/RESIDENTIAL SCHEDULE) (8M) TO: Lorraine A. Arindain FICA: Lorraine A. Lopez-Enriquez 1. An action has been started in the abovecowt requesting tbata custody decreelparenting plan/residential schedule be modified/adjusted. Additional requests, if any, are stated in the petition, a copy ot which is attached to this notice. 2. Y oumust respond to this notic:eand petition by serving a Copy of your written response on tile person signing this S1IlIIIIlOnS and by filing the origina1.withthe clerk of the court. If you do not serve your written response within 20 days (or 60 days if you are served outside of the statl: ofW,,~hi1lgfnn) after the. date this summons was served on you, excll1sive of ihe day.or.service, the court may enter an order of default against yon, and lhecourt may,' withoutfurthernotic:e toYOU;enteranorder~adequate cause and a decree to modify/alljust1hln:ustodydecree/parentin plalllresidential schedule and providing for other relief requested in the petition. If you serve a notice of appeatance on tile undersigned person, you are entitled to notice before.an .order.of.defaplt ora ~~~bee~ . 3. The cowtshall deny the petition unless it finds that adequateClllJSe for hearing the petition is established, .in which case.it shall set adatefor.hearing 0IHIIt order to show cause why the requested {)flier or modification should not be granted. f] Temporary residentialp~entoreustod.yis not being sought. ( ['9']. TempQTal'yresideutial placement or.custody isbeing.sougbt.IfadeiJuate cause is found, the court IIllIY proceed immediately to hear-the motion for temporary placement/custody I)r may continue. the matter to a later time. 4. You may file an opposing declaration to show that there is not adequate cause to h<lld a fnll.hearing. If you do nlllfile an opposing declaration or respond and the cowt finds that adequate cause exists, the court may1lll!eran adequate cause order and an order modifying/adjusting the custodydecreelparentingplanlresideutial schedule without notice to you pursuant to RCW 26.09.270. S. Your written response to thesumm~ and ~onmustbeon form WPF DR 07.0200, Response to Petition.for Modification/Adjustment of Custody DecreelParenting Plan/Residentia1 Schedule.. This form may be obtained by contacting the clerk of the SUMMONSMODlADJP.AREN71NG PIAN tsMl - Pm>> I nO 'Ll 1" . ," , _ "~" , "".~, ''-' '" 'do"~ '~, __ ,-,' =- .!". :. i.. court at the address below, by contacting the Qffice of the Administrator for the Courts at (~60) 705-5328, or from the lnternet at the Wll5hington State Courts homepage: http://www.courts,wa.gov/rorms 6. If this action has not been flIed with the court, YOI! may demand that the petitioner file this action with the court. If you do so, the ,delIlllBd must be in writing and must be served upon the person signing this notice; Within '14 days-.fter you serve the demand, the petitioner-must filethinctiorrwith'the court, or the service on YOI! of this notice and motion wilfbevoid. 7. If you wish taseek the advice of an attorney in this matter, you should do so promptly so that YOllf written I~, if any. may be served on tinte. 8. One methodofserving a copy, of your response on the petitiOner is to send it by certified mail with return receipt requested. This summons is issued PlItSI1lII1t to Superior Court Civil Rule 4.1 of the Dated: ) oJ... <g I "2. "'D l Eliut Lopez-Enriquez Print or Type Name FILE ORIGINAL OF YOUR RESPONSE RESPONSE ON: WITH tHE CLERK OF THE COURT AT: SERVEA COpy OF YOUR [xx] Moving Party , [] Moving Party's Lawyer Pierce County [Name of COurt] , EUIIt Lopez-Enriquez_ [Name] 930 TacOlllaAve So. RID 110 Tacosna WI.. 8402-2177" [Address], 2624-A South 92 Street Lakewood,.. W A 98499 , [Address} ,... \) 1,'l';'X-\c''i:. G \ \... t;.''KS ~ C,\.t.1<- ~ ( c,\JIJ~1'. , 1'1l\)\ ~ \ ~ ,~ ~ '0 ~O\\ "\\J' ",'~G\ " ~,\ , ",eX',,, ~t1', ~\. --(-...)\N,r.-.1 r--\';::.."'........i "'h'" ~."-J \J\.' .....\\.. ... eQ\J\'..,;-"'0~\' ~J2(V" '~R();Yi\"'';'' ~' ?~~\) \\.\l " , -~ 12>,,-...... SUMMONSMOBIAI>>PARENTJNfJ PLAN tsMJ'~ PtiVe 2,,(7. . - ,,~ " , "", - . . "-",-"-",,,-', ...,.,j. "-""-"',' , . > Fl LED IN COUNTY CLERK'S OFFICE AM. JUN - 8 2001 P.M. PIERCE COUNTY WASHiNGTON TED RUTT, COUl\'TY t' rpl( BY '. SUPERIOR COtlRT OF WASHINGTON COUNTY OF P. :J:.u.c.~ lure: Petitioner, NO. "15 ~?r t>1'( '5 r - 0 PETITION FOR MODIFICATION/ADJUSTMENT OF CUSTODY DECREElPARENTlNG PLANIRESIDENTIAL SCHEDULE (PTMD) Blint Lopez-Enriquez And Lorraine A. Arindain FKA: Lorraine A. Lopez-Enriquez Respondent. 1.1 IDENTIFICATION OF PETITIONER. Name ez-~quez , Date of Birth July 10, 1967 Driver's License or Lopeze*335ms Identicard (# and State) ~ 2624-A south 92no Street, Lakewood, W A 98499 HomeAddress 1.2 IDENTIFICATION OF RESPONDENT. Name 1 Lorraine A. Arindain FKA: Lorraine A. Lopez-Enriquez Date of Birth . August 12, 1969 Driver's License or unknown .. . ..... Identicard (# and State) 111 South 24t1lStreet, apt I-north, C'.amphm, P A 17011 Home Address . .. PETFORMODlADJPARENT/NG PLN (PTMD)-Page 1 qf7 WPF DR 07.0100 (912000) - CR 4.1; RCW 26.09.181; .260; .270 > , ~- ~"~,lL t-~", "~,. . , " -, ~~- ,=",: I" r:, f I LED IN COUNTY CLERK'S OFFICE A.M, JUN - 8 2001 P,M. 1.3 DEPENDENT CHILDREN. P'I'RCE COUNTY WP.SHINQ:!'otJ 1- ~ 1....1. ,~-..! ',.r-:-v f'll.-RK TEU Ru I J i~.l;Ul\ i! \-:'':";~,-.,;' ,.""'\J nv .-..J::ri...ll1 Name i-Cllut LOpez-=quez CUlUIe 4.LOpC2;-cnnquez Date of Birth April 08, 1990 AUgus!28,1991 III South 24m Street, apt I-north, III South 24m Street, apt I--north, Home Address Camphill, PA 17011 Camphill, PAl 7011 Name J If Date of Birth Home Address This isa petition foran.order',modiJyingthe prior custody decree/parenting plan/residential schedule in this matter and approving 1he proposed parenting p1anlresidentialschedule, which is filed with this petition. 22 ADEQUATE CAUSE. There is adequate cause for hearing 1he petition for modification. , Ii I" p j) I~ p Ii 2.3 CHlLD SUPPORT. [xx] Does not apply. [ ] An order establishing child support in conjunction with 1he proposed parenting plan should be entered. , A child 5llpJlOrtworlcsheet llIld financial declaration have ~ filed with this action. (No s..pa.... petition for modification of child support needs to be filed.) 2.4 JURISDICTION AND VENUE. The court bas proper jurisdiction and venue. The moVing party n:sides in _Pien:e County, W A The children reside in _Harrisburg, PA Stale]. [County and Slate]. [County and PF:/' FORMODl.4DJ PARENTiNG PLN (PTMD)-Page 2 of7 WPF DR 07.0100 (912000) - CR 4.1; RC1f' 26.09.181; .260; .270 ~ .;'...1- "~'L,L "'''. ~' ~: ,-, - Liiliirk{;; - " The other party resides in and Slate). Hanisburg, P A [Coun1y F I LED IN COUNTY CLERK'S OFFICE AM. JUN ~ 8 2001 PM 2.5 JURISDlCnON OVER PROCEEDING. This court bas jurisdiction over this proceeding for the reasons below PiERCE COUNT{ WASHiNGTO~J , . TED RUn COUNTY CLERK BY ___'~__""A~_,~D~FLr';, [xx] This stale is the home stale of the children because [] the children lived in Washington with a parent or a person acting as a parent for at least six consecutive months immediately preceding the commencement of this pror.-fi1]g. [ ] the children are less than six months old and have lived in Washington with a parent or a person acting as parent since birth. [ ] any absences fiom Washington have been only !emJlOl'lllY. [xx] Washington was the home stale of the children within six months before the commencement of this proceeding and the children's absence fiom the stale is because of removal or retention by a person claiming cnstody or for other reasons. [xx] It is in the best inte.~ of the children that this court assunie jurisdiction because the children and the parents or the children and at least one contesbaut have significant connection with the stale; there is substantial evideDce concerning the children's present or future care, protection, training and personal relationships in the stale; and [ ] The children have DO home stale elsewhem. [ ] The children's home stale bas declined to exercise jurisdiction. [ ] . The children are physica1ly present in this stale and bas been abandoned or it is necessary in an emergency to protect the children because they have been subjected to or threatened-with misl't...awent or abuse. [xx] _ No other state bas jurisdiction or a state withjurisdiction has dec1inWto exercise jurisdiction on the ground 1bat this stale is the more ApJnopriate fonun and it is in the best interest of the children for this comt to assume jurisdiction. [xx] I This court has Cllt1&ningjurisdiction because the comt bas previously nuide a child custody or parenting plan detennination in this matter and WashingtonremaiIIJs the residence of the children or any contestant. [xx] ,Other: Petitioner is currently married to an Active member of the Armed Forces and relocation takes place every 3-$ years. PEl' FORMODlADJ PARENTING PLN (PTMD) .Page j uf7 WPF DR 07.01()(} (9/2000) - CR 4.1; RCW 26.09.181; .260; .270 -'-., ,-'-, -,',' -'--'- ~, , ~~ " , " , 2.6 UNIFORM CHILD CUSTODY JURISDICTION ACT INFORMATION. F IL E 0 IN COUNT,Y CLERK'S OFFICE AM JUN .. 8 '/0"1 PM: . __ 0, " I Name of Child Mother's Name Father's Name PI'c''1C~ ~~UN . . . .;;! .,'~,\'!.. T (WASHiNGTO, 1,_0","1 i C"""yv ('I ~R';' . .BY'_' . VVI~. .......c -Il', Ellut Lopez-Enriq~--__.___.;X:,0iP' Eliut Lopez-enriquez . Eliut Lopez-Enriquez IT Emilie L.Lopez-Enriquez Lorraine Arindain Lorraine Arindain During the last five years, the children have lived: [ ] in no place other than the state of Washington and with no person other than the moving party or the other party . [xx], in the following places with the following persons (list each place the c;biIdRm lived, inc;luding the state ofWasbington, the dates the children lived there and the names and present addresses of the pemons with whom the children lived): June 1997 to November 2000 United Kingdom, England November 2000 to Present Campbill, PA SO>" 't "'f 'f k:> J' ... "'l ('.0.. \;It '7 "'u. ,...... UJ Cl" . Claims to custody or visilation. [xx] The moving party doe& not know of any person other than the other party who has physical custody ot; orc;laimsto have custody or visilation rights to, the children. [ ) The following persons have physical custody ot; or claim to have custody or visitation rights to, the fonowing cbiIdnm (do not list the other party): Other legal proceedings concerning the children. [xx] The moving party has not partic;ipated in, and is not aware of; any odler legal Pl"""""'n,g,. - concerning the cbildreu, inc;1"djqg any paternity, dependency or custody proc-'"., [] The moving party bas partieipaled in, or is aware ot; the following legal. ~"'v which concern the children (listthe children concerned and the county, state and.case number of the prn"-'itlg): 2.7 CUSTODY DECREE OR PARENTING PLANlRESIDEN11AI. SCHEDULE. , PET FORMODlADJ PARENTING PLN (PTMD) -Page 4 af7 WPF DR 0'1.0100 (912000) - CR 4.1; RCW 26.09.181; .260; .270 ... .... " -"'- - . ,. ~"- ,_, I The CustodyDecreelParenting PlanlResidentialSchedule was ent!lfl:d'On June 23 1997 [Date] at __ Pierce County, W A [CoUDty and State]. A certified ~py of the Custody DecreeJP1U'eIlting Plan /Residential Schedule to be modified is filed with or fBfhed..to this petition, if the decree or plan to be modified was entered in another county ~UNTY b t~P' ( __ ,~ . -.,,, .r, S JrFlC::- MODIFICAnONPURSUANT TO RCW 26.09.260(1), (2): A.M. ,!UN - 8 'inn, 0', ,--{,V, j .IV! 2.8 Doe t Iy PI'~R"- ^"UN . s no app . ~ .vt "U TV WASH"JI'T,.,,, TED RUT"'/ '-'{"'U'id"-"(' IJ:~:,-~I" So. '., "" I" r.. ""'1\ . '. Y" -;,::=.~~'.~"'>., The custody decreefparentJng plan/restdential schedule should be mciillliea !,.,. ..u"".. -., i~r'il , substantial change of circumstances has occurred in the circumstances of the children or the other party and the modification is in the best in~ of the children and is necessary to serve the best interests of the children. This request is based on the fuctors below. (xx] [] [] (] (] [] The parents agree to the modification. The children have been integrated into my family with the consent of the other parent in S1lbmtntipl deviation from the decreelparenting planlresidential schedule. The chiIdten's environment under the custody decree/parenting plan/residential schedule is detrimentd to the children's physical, mental or emotional heaIth and the hann likely to be ~ by a change in environment-is outweighed by the advantage of a change to the children. . The other parent bas been found in contempt of <<>lUt at least twice within thn:e years because the..parent fililed to comply with the ~.time proviSiOllS in the court-ordered paaGUtid& plan, or the parent has been convicted of custodial inteifelea.;e in the first or second degree under RCW 9A.40.060 or 9A.40.070. 2.9 ADJUSTMENTS TO RESIDENTIAL PROVISIONS PURSUANT TO RCW26,09.26O(S),(&). [ ] Does not apply. -= [xx] - The custody decree/pamlting p\an{residential schedule should be adjusted. beclvl!e the proposed modification to the custody decreelparenting phu1lresIdeotial schedule is in the best interest orthe child and is a minor modification in the residential scheduIe that does not change the residence the child is scheduled to reside in the uugority of the time and: [] [xx] is not more than 24 fidl days in a calendar year; or is based on a change of residence or an involuntary change in work schedule by a p8llllIt which mllkes the residential schedule in the parenting plan im.practical to follow; or [ ] the increase is lDore than 24 full days but less thaIl 9tl ovemigb1s per year total. and the custody dec:teelparentingp1anlresidential ~ does not provide reasonable time with the nonpriInary.~ parent. PET FORMOIYADJ P.4RENTlNG PLN (PTMD) -page.5 if7 WPF DR 07.D100 (912000) - CR. 4.1; RCW 26,(19.181; .260; .270 - ~ .iIt" ~, ...' .-' " , ",. ,. ,.~, Iw!.'.., ~J: " I I I I \ ~ [ J The custody decree/parenting plan/residemial schedule should be adjusted because the nonresidentiaI parent has voluntarily failed to exercise residential time for one year or more and the adjustment is in the best interest of the children. 2.1 0 ADmSTMENTS TO NONRESID.ENTIA.L PROVISIONS PURSUANT TO RCW 26.09.260( I 0). [ ] Does not apply. [xx ] The following nonresidential provisions of the parenting plan should be adjusted because there is a substantial change of circumstances of either parent or of the child and the adjustment is in the best interest of the child: [] Dispute resolution. [] Decision making. [xx.] Transportation ammgements. [] Other: lNe FILED , OUNTY ClERK'S OFFICE AM.- JUN - " "no' p~' {) (u , ..~. P!~CE ,SO__Ut~u YVASI-iiNGiOl' B'll i.D Ru r I. lA"AJj{iy ('! ,:p;,. ~ '--~..._--~-._IEF'i~-v 2.11 SUBSTANTIAL CHANGE IN CIRCUMSTANCE. The requested modification or adjustment of the custody decreelparenting plan/residential schedule is based upon the following substantial chai1ge in circumstance: The primary residence of the children bas change Fron United Kingdom, Engand, to Campbill, Pa, United States. 2.12 0lHER. --- m. RELIEF REQUESTED The moving party REQUESTS 1bat the court find 1bat there is adequate <:ause for hearing this petition 8nd enter an order modifying the custody decreelpa.""tiug plan/residential schedule in this matter and approving the proposed parenting plan/residential schedule, which is tiled with this petition. [xx. ] The moving party also requestS 1bat the court [ ] Enter an order eslablisbing child support in conjunction with the proposed parenting plan/residential schedul~ The child support WOIksheet and financial declaration are filed , with this petitiOlL . [xx.] Other: N/A PEl' FORMODIADJ PARFN1'lNG PIJI (pTMD) - Page 6 qf7 IJ'PFDtt07;(JffJ(t(9/2iJfJO) ~ eru:]; RCW 26.09.181; .260; .270 ~.~ ~l , ~" ~ --"" '''. , ,I, ~ ' , . 11'-( ~ ' , j;"j~,. i . < Signature of wyer 0 r;l.. ~ - Print or Type Name Dated: :}........ ~" 1::....<'1-1 ~= under~~ under the laws of the state ofWashingtoh that the foregoing is true and Signed at ~ l'F'rL.O~ W'kltyandS on C lo! Signature _ r.= I: LI \.l..,'pS'kZI\..4...~.....-L.. ~ Print or Type Name (] JOINDER. The nonmoving party joins in the petition. By joining in the petition, the nonmoving party agrees to the cotty of a decree in accordance with the petition, without further notice. Dated: Signa\llre of Nonmoving Party Print or Type Name j.:''' . 'NC :"ILFO I 1', /1-1 r'- DuN I Y '-'Lt!?K'S OFFICE A r,l II}>.! ...VI. '.. ~ '\I '" Q .... t, LOOl P.M Pip:r'c r.!,",., ~. , - "1";.~.:.l;tli.l'.)uN i Y i.'VF:,;!.p,r'i()f , B,} W J:J;oiTT. ('!')I ',,,,~i' ':!., ';'., \,ii,' "r ' .....un" ~..' topV' ~. -"-~---..-...._.. j~>0~.y PErFORMODlADJPARENTlNG PIN (PTMD)-Page 70.17 WPF DR 07.0JOO (912000) - CR4.J; RCW26.09.J8J; .260; .270 ........ ..'eo' ,""'" , , . . - ~ " .;;:,;-"" '--"", , ~~-.u-.; t." ' - "'""';, !; .. , . , .... . ) F I LED ' IN COUN1Y CLERK'S OFFICE A,M JUN - 82001 P,M PIERCE COUNTY WASi1It,G; ON ~ED RUTT COUNTY CLERK I " n~?UTY BY_- _._~.... StlPERIOR COURT OF WASHINGTON COUNTY OF, .' P.J:. ULf... : -. Inre the MlITI'i'IgC of . g\',~ \.oPQ. E,."xQo~"1. NO. qS' - '3- 01'1 S'1-- 0 Petitioner, ORDERALLOWlNG SERVICE BYMAlL . (ORRSR) ) aDd t,...,.r....I\'\. ~. Art'.~~... ~ L..., o.:.^ \. i=:l. L\)~'\1' f iVU~.)~ '\. . RcspiU'dl'1lt L BASIS The court has comideted a ~on and &cla.ration ~ an order allowing st:r9icc of the ~""C and petition 'l!ymdl if if !:' ii, :!' n. FINDINGS Based on the motion lI1Id dcc:1m.tioD, the court FINDS that the snmmor>s aDd petition in this matter should be sc:rved~ theIC$}XlDdeDtbymailinaccordancc wi1h CR.4(d)(4). -= m.ORDER. IT IS ORDBRED: 3.1 The 5""""''''''' lI1Id petition sha11 be served on the rcspaadent by mail by a pcISon 18 years of age or over aDd campctl:nt to be a w.it=.$ but not the lletitioner. 3.2 Two (2) copies shalJ. be """,'''d postage prepaid, one by orcliDaIy fiISt class maiI, llIId the otlIt:r by ccrti1icd maiI, retIm:1 tcccipt requested. showing when, lI1Id to wham, delivered, cacl1 showing a retII1'J1 address for the sendc:r or an ad~ tlttougb. which caaespnnil"'ll"~ may be directed to the . scndc:r. . ) om .ALLOWING SER'P' BY MAIL (OBRSR) - P/Ji' J '012 WPF DR 01.028S (912000) - RCW 4.28.100; CR 4 (4)(4) . ~~ -- , ~ h " "",,"l , ' ." ~-" ,1 "'. ",," , ,'co<. ._,'~ '__"-,, 'o!c"',-~; , .. ~.., - 3.3 The 'TTl.;J~ shall b~ sent to the fonowing address( es): \ \ \ 5~ ~4.'r-- ~U.t.\. r APT I-~~ C.ll\"'P"':~ I p~ 11-'\) \ I 3.4 These addresses are: ~ The last known address of the rcspOJ:ldent. [ J The respc:mdenfs parent orncan:st living relative. [J Other: FiLED, IN COUNTY CLERK'S uFFlCE JUl" ., '^('" D v A.M. , - \S LI.Il \ ,- .." . PIERCE COUNTY WASHINGTON TED RUn C<JUt~TY i~l~B~_,. DY _.___~.~'~...u-- .J:.::-'U II 3.5 A SlImmDllS and petition -rmn't...-l to therespQndentin care ofpa:rc:ulls or othc:rindivic:h1als shall be addn:ssed di.....tI:y to the parent Or other iadivid:aal with a note enclosed ask:iDg that the snm...~ ami petition be delivt:red to the rc:sp.....Ol'!T1t 3.6 Thcpexson 'TTl"'""gthe snn"t"Q11S andpctition shall complete aRetam ofServicc form. Dated: ~~Lf"~ S'pSl1nre' , 1- th..\-\.",,p,;1.' ZJ.~Qvt'1..- PiintorTypcN~ . . ---=- . .-_... . . .-:". '.' .. . - -" :2-,. . -' . ~ I i , .' ORD.AILOJV/NGSERYBYMAlL(~.P.1Df2 ' WPF DR 01.028S (912000) - RCW 4.28.100: CR 4 (4)(4) ~~~. " ~ ", --'" '" .t" '_F',_ '" "-'':'''''':':;, . , ( , . FilED IN COUNTY CLERK'S OFFICE A.M JUN - 8 2001 P,M, PIERCE COU1\1Y VipSHiNGTON TED HUTT. CGUN TV CLERK BY __..__..,__.._J~?UT'l' SUPERIOR COURT OF WASHINGTON fOUNTY OF PIERCE PJ;i.,tL(. In re the Marriage of: EIiut Lopez "Enriquez NO. 95.3-01987.0 Petitioner; tARENTlNG PLAN y\PROPOSED (PPP) [:l!lL] TEMF6}t.ld{'[ (PPT) .... tlPINid. 0ltNm. \U) And Lorraine A. Arindain FKA: Lorraine A. Lopez~Eiiiiquez Respondent. This parenting plan is: [] the parenting plan signed by the court'pIUSll8BHoa'deeree of~oIution entered on_. [ L the finid ~ plan si!'ledby the court pursuant to an order entered on [Date] whiohmodifies a pRVious-parentiBg-pIaaenustody.tiecree,u [ J a temponuy parenting plan si!'led by the court. [xx J.. ~ EIiut Lopez-Enriquez. !TIS HERBBYORDERED, ADJUD9EDAND DECREED: . ~ 1. GENERAL INFORMATION This parenting plan applies to the following chiIdreI1: ~ Ellul Lopez-Enriquez n. Emilie 1. LopeZ-Enriquez ,. Birthdate April 08, 1990 . August 28, 1991 - n.B~S FOR ~STRICl10N~, PARENTING PLAN (pPP, PPT. PP)-page 1 of11 WPF DR Q.1.04Q0 (9I200fJ)..,RCW26.09.181; .187; .194 ,...;,f '" . '. ,~ ,,"; . " ii '" '.iL;j-.~ Under certain'circumstances,0$ outlined below, the court I7ItIJ' limit or prohibit a parent's cpnt'f.tf!if!J the child(ren} and the 1!igbttQTtI4ke decisionsfor the <<hild(ren). IN. COUNTY' CLERK'S OFFiCE 2.1 PARENTAL CONDUCT (RCW 26.09.191(l), (2)). AM, ,WN - 8 ZaGl PM fxx] n Does not apply. PiERCE COUNIT \tIfASHiNGTOL The. [}mo!her's [1 father's residential time with the child(ren) shan.,~~ &fUNTY r:LP::\, restrailled completely,. andrrmtnJlI decision-making and dlisignati08 bt-a'~-'--'-"J." , resolution process other than court action shall not be required, because [ ] this parent [ ] a person residing with this parent has engaged in the conduct which follows. [ 1 Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions (this applies only to parents, not to a person who resides with a parent). U. Physica1, sexual or a pattern of emotional abuse of a child. - [J A hislDry. of acts of domestic violence as defined in RCW 26.50.0 10(1) or an assault,or sexllalassault which. causes grievous bodily hann or the fear of such harm. 2.2 OTHERFACTORS(R.CW26.09.191(3)).. [xx] . Does.not apply. [] The [J inotber"s D father's-invol.ement or conduct may.have:an adVCl'SC effect on the child(ren)'s best interests bec:alJsc of the existence of the factors which follow. [ 1 Neglect or substantial nonperformance of parenting functions. [1 A long-term emotional or physical iinpainnentwbich interferes with the performance of parenting functions as defined in RCW 26.09.004. [ } . A !ong-tllrm impainoent resulting from drug, alcohol, or other substance abuse tbat Interferes. with the per.fimnance of parenting functions. [1 The absence or substantial im~ent of emotional ties between the parent and child. - [.J The abusive J1SC of conflict by the parent which creates tbe"danger of serious damage to the child's psychological development. ( J . A parent bas withheld from the o1her parent access to 1he Gbild for a protracted period without good cause. [} Other: ....... m. RESIDENTIAL SCHEDULE The l'e1lidentii:J1 schetMe rnus.t set forth where the chi/d(ren) shall reside each day of the year, including pnwi8kmsp~ ~ oJfamilJlmembers,VDCDticm.s. and.other special OCCO$iom, and what " PARENTINGPLAN(pPP,PPT. pP)-Page2 0/11 WPF DR 01.0400(9I2OO0)-RCW 26.09.181; .187; .194 ','. ,",--' ,,-1-_" .' 0"";" _:,~,;. M" ~-"l'lti'i'~t, C011lQCllhe child(ren) shall have with each parent Parents are encouraged 10 create a residential schedule lhat meets the developmental needs of the child(ren) and individual needs of Iheir family. Paragraphs 3.1 through 3.9 are one way 10 wrile your residential schedule. /fyou do not use lhese paragraphs, write in your oWn schedule in Paragraph3.n 3.1 SCHEDULE FOR CHILDREN UNDER. SCHOOL AGE FILE 0 IN. COUNTv Ci j:;~!['S (P;:!.~C . 1 1.......1\ ..., .\....L [Xx J . There are no cliildi'en under scliOolage. A.M. jUN - 8 2001 PM PIERCE COUNTY 'NASH1NGTCr',! TED RUn" CCUi\HY Cl.f!"\K BY __~_~ . .:)~;....; I~~ 3.2 SCHOOL SCHEDULE. Upon enrolJmentinsehool;theehild(ren)-shall-!eSidewitb.the[xx+mqther [] father, except for the following days and times when the child(ren) will reside with or be with the other parent See paragraph 3.5 [xx] The school schedule will start when each child begins [xx] kindergarten [ ] first grade [xx] other:' The children will reside with the mother during the school schedule unless special and/or prior arrangement are made between bOth Parents. 3.3 SCHEDULE FOR WINTER VACATION. The ebi1d(ren) shall reside with the-{lat,} mether . E]father.during-winap- vacation, except for the following days and times when the child(ren) will reside with or be with the other parent The children win reside with the mother during winter schedule. See paragraph 3.5 ~ 3.4 SCHEDULE FOR SPRING VACATION. The cbild(ren) shall reside with the [xx] mother [] father during spring vacation, except for the following days and times when the cbild(ren) will n:side'lVith or be with the other parent: .' .,:' ..,. The cliildrenwill NSide with-themotheFduriRgsprillgscqemue. See paragraph 3.$ , 3.5 SUMMER SCHEDULE. Upon completioIHlfthe $llheeI.y-. the ehild(len) shalhcsidowitb.lI!e [ ] mother [xx] father, except for tho following days and times ~en the cbild(ren) will residt with or be with the other parent: PARE.N'FlNG-PhAN(PfP. pn; PP) . Page 3 of 11 WPF DR 01.0400 (9/2000)- RelY 26.09.181: .187; .19# "-' ,;,~" " 'c;.. 1--, .""_1"'" "",G- "", L :~ ;). '> C~..:,;.J [ ] Same as school year schedule. [xx ) Other: The children will reside with the father for eight weeks of uninterrupted visitation for as long as the parents reside in different states. The mother shall notify the father at least 60 of the children's school schedule. Thefather shalJreplyto the mother within 30 days and advice the mother as to the dates he intends to exercise his summer visitation. The children will be returned to the mother 1 days prior to the school schedule. 3.6 VACATION WITH PARENTS. [xx] Does not apply. [] The schedule for vacation :with parents ,is as, follows: 3.1 SCHEDULE FOR HOLIDAYS. F I LED lA!, ~OU'ITY '" C:~V'<:; ncc:"F ill! t, lH liLt ii,~~. ~,.' ,'" A~J J'vJlJ~ -- R 70(:1 p~,,~ $..yJL. i ....... ....' L' ?iERCE CQUNfY \\ff...s:<;,{;-;-~~~.: R~JED .:UT~~'~~~~~~~~~ .~,._:~ ~-~~~~;,_':' The residential 'schedule for the child{ren} forthe 'holidays ,listed below is as follows: NewY~'s.Day'" Martin Luther King Day Presidents~ .Day, Memorial Day luIy4th Labor-Day Veterans'Day Thanksgiving Day Christmas Eve Christmas Day With Mother (Specify Year , OddlEvenlEverv)' every, every evetY.. every "**per-summerschedule_ every,. every every every every With Father (Specify Year OddlEvenlEverv) \ ""*per summer scheduIe~ ~ ( r] For purposes of this parenting plan, a holiday shall begin and end as follows (set forth > times): does not apply [xx] Holidays which fall on a Friday or 1l Monday sha1I include Saturday and Sunday. [;ex L Other: see paragraph 3.5 PARENTfNGPUN (PfP. PPT. PP) - Page 4 of 11 WPF DR.. 01. tHOO (912000) -RelY 26.09.181; .187; .194 "~" ~ " ,I - '" L' _, _ J.'--" -",;,,i,,;",-., . F IL ED IN COUNrY CLERK'S OFFICE A,~ JUN - 8 2001 P,M 3.8 SCHEDULE FOR SPECIAL OCCASIONS. PIERCE COUNTY WASHiNGTON TED RUTT, COUNTY Cl ERK BY _~__,__...___~......__ ~~'~.;:;U;':' The residential schedule for the child(ren) for the following special occasions (for example, birthdays) is as follows: Does Not apply. Summer visitation schedule will take precedence. With Mother With Father , (Specify Year (Specify Year QddlEven/Everv) OddlEvenlEverv) Mother's day" Father's day Mother''S "birthday:' Father's birthday every, every every", every [xx J Other: Summer visitation schedule wil11ake~ence. See paragraph 3.5. ~~9 PRIORITIES UNDER 'IHERESIDENTIAL SCHEDULE. xx] Does not apply. [J If the residential schedule, paragraphs 3.1 - 3.8, results in a coofIict where the children are scheduled to bc:with both parents at the same time, the conflict shaH be resolved by p1iority being given as fo1lows: [l Rank the ,order of priority, with 1 being pen the highest priority: _school schedule (3;1; 3.2) _vlll:ation withp&rents(3.6) _winter,vacation,(33) , _holidays (3.7), spring vacation (3.4) _special occasions (3.8) sll1IllUtir Schedule (3.5) [xx J Other: seeparagraph3.5 3.10 RESTRICTIONS. [xx 1 Does not apply because there are no limiting.factors in ~paragraphs 2.1 or 2.2. [] The [1 mother's [] father's residential ,time ,with the children shall be limited because there are -limiting factors in paragrap1ls2.1 md2.2. The,following restrictions shall apply whenthecbildren spendtiInewith this parent: I [J There -arelimitingJlIctorsinp_~ 2.2,butth1~ no restrictions ,on the pARENTJNGPLAN{PPP;Pl'T, PP)-PDge5 0/11 ' \ WPFDR OI.04OO'(912000} - RCW26,Q9.181; .187; .194, , \ ! "~ , L" ~ " " -. ~- ;", -~ ;.,.. [ ] mother's [ ] father's residential time with the children for ~ follnf'nhlreiiuG.: 1 r.': .c' iN COUNlT'tlER'S- C, lie,: "" I' ;"'-.0"'" p ,.J r..l\fl. 'J U;\l - ~5 (nu; .Vi. 3.11 TRANSPORTATION ARRANGEMENTS. OJ::':R(:r: rn'uit.,:T'-.' ~t,!!,.,:,.;:..IG"T""" , ...' ...1: ..,..... ", I . \'r~'J! i,I'; "; l j,', D)'~~..~~~~~~~,::;~:;~i~:~::_~-[{;;: '\;' Transportation costs are included in the Child Support Worksheets andlorthe Order of Child Support and should not be included here. Each parent is responsible for their proporlionalshareof long distance transportation cost (father 48%.......Mother 52%) Each receiVing parent willlI1llke the proper transportation arrangements for both the parent and the children. Each receiving parent.will.also .be.responsible far the cost af such , transportation arrangements. This is due to the limited income of each parent. 3.12 DBSIGNkTION OF CUSTODIAN. The children named in this parenting plan are scheduled to reside the majority of the time with the {xx]mother n father. This parentis designated the custodian oftite child(ren) solely for pwposes of all other state and federal.statutes.whillh require a designation .otdetermination of custody. This deSignatian shall not affect eitherparent'srightsand reSpQnsibilities under this parenting plan. 3.13 OT.HEJL AU correspondence between the parents regarding school schedule and summer visitatioada1es shall be accomplisbedby certified mail withretum receipt Neither party shall interf!:re with correspondence between the children lIIid the other parent. Each party shall have reasonable telephone contact with the cb.ildrenwhile they are in the other p8rent's custody. 3.14 SUMMARY OF RCW 26.09.430.. ;480, REGARDING RELOCATION OF A CHILD. rrn; is a summary only. For the full text. please see RCW 26.09.430 thrO\i8h 26.09.480. If.the person with whom the cbild resides a majority of the time plans to move, that person shall give notiee to every petIlOl1.eatitled.to .court.orderedtime with the child. If the move is outside the.child'sschool district,therel~ person must give notice by pelSODIll.servi.ce.orbymaihequiringuetum.receiptThis notice must be atleast 60 days before the intended mow. If the relocating person c:ould not have known about the move in time to give 60 days' notice, tbatpersonmustgivenoticewithinSdaysafter learning of the move. The notice must contain the information reqUired in RCW26.09.440. See also form DRPSCU 07;0500; (Notice ofIn1ended Relocation of A Child). If the move is within. the same school district, the relocating person must provide actual notice by any reasonable means. A persOn entitled totimewith the child may. Dot object to the move but may IISk for modification under R~ 26.09.260. . PARENTING PUN (PPP. PPT, PP) - Page 60/11 WPF DR JJJ.(J4lJ() (912000) - RCW 26.09.181; .187; .194 -,-t"'- ",J', "."-,,,~ FIleD IN CqUNTY CLERK'S OFFICE A.M. JUN' - 8 2001 P.M PIERCE COUNTY \NA':"~" 'G-O' Notice ma~ be ~Iayed for ~ldays if~erel~ting person is ent~g a dome~ VUlipe1f;Ui~.t!' 'r:Eb/'. shelter or IS movmg to avoid a clear, nnmedlate and unreasonable risk to h&rilro<lld safety,.....__,. ..Do' ,'-.",' If information is protected under a court order or the address confidentiality program, it may be witblteld from the notice. Arelocating person may ask the court to waive any notice requirements that may put the health and safety of a person or a child at risk. . Failuretagive the.required notice maybe grounds for sanctions, including contempt. If no objection is filed within 30 da)',s after service of the notice of intended relocation, the relocation will be permitted lllId the.proposedrevised residential schedule may be confirmed. A .personentitled to time with a child lJI1der a court order can file an objection to the child's relocation whether or not he or she received proper notice. An objection maybe filed by using the mandatOIy pattern formWPF DRPSCU 07.0700, (Objection to ReloeationIPetition for Modification of Custody Decree/Parenting PlanlResidential Schedule). The objection must he served on all persons entitled to time with the child. The re10cating person shaI1not move .the child during the time for objection unless: (a) the delayed notice provisions apply; ar(b) a co'1f! order allows the move. If the objecting person schedules a hearing for a datewithin 15 days of timely service of the objection; the relocating person shall not move the child before the hearing unless there is a clear, immediate and unreasonable risk to thehea1th or safety of a person or a child. N. DECISION MAKING 4.1 Df.Y.TO-DAYDEClSIONS. Each parent shal1make decisions regarding the day"tooday care and control of each child while the child 'is residing with that parent Regardless of the allocation of decision making in this panmting plan, either parent may make emergency decisions af&cting tiItlealth.or safety of the children. 4.2 MAJOR DECISIONS. Major decisions.regarding each child. -shaIlbe ~ as follows: Educatioa decisions Non...........gencybealthClU:e..".,. . Reli~ons upbringing .. . d. . [xx J mother. [xx]. mother [xx] mother {] mother [J mother [1 mother [l mother [1 mother PARENTING PUN (ppp, PPT. PP). PagB 7 ufII . WPF DR 0J.04DO(912()()()) .RCW 26.09.181; .187; .194 [] father [.J father [] father n faUier [] father n father [ ] father [] father f . [ ] joint n joint [] joint [] joint [] joint n joint [] joint [] joint - '.J_ _ ': ',- J_" .0, ~ '0. "~ '~ ,__ '--~ [] mother [], fatherlN COUNfy! ~rPs OFFICE 4.3 RESTRICTIONS IN DECISION MAKING. ^" 1"1\' Q '''11.' 1//.1 ''''.m. ....\Jd ,." -:..) Lv..,! r .I\I'L [J [xx] Pjl:RCE CUUrHV ~h\j'l,:}:;;';~GT().' Does not apply because there are oo.1imiting factors in ~phs 2.1T~l!TallO~Si'Y C. FR; . I . . . 1'1V" .., So e decISIon makmg shaIl be ordered 10 the [xx] mother ""_'__U_",__u"'" ,. [ ] father for the following reasons: [] A limitation on the other parent's decision making authority is mandated by RCW 26.09.191 (See paragraph 2.1). [ ] . Both parents are opposed to mutual decision making. [xx] One parent is opposed to mutual decision making, and such opposition is reasonably based on the foIlowing criteria: (a) The existence ofa limitation under RCW 26.09.19(; (b) The histmy ofpartieipation of-each parent in decision making in each of the areas in RCW2U9.184(4)(a); (c) . Whether the parents have demonstrated ability and desire to cooperate with one another in decision making in each of the areas in RCW , , 26.09.l84(4)(a); and . (d) The 1;1!11'1l1rtS' 2eol!l'8Dhic DI'Oximitv to one Another. to the extent that it affects their .abilitv. to mAke limelv mutllAI decisions. [] There are-limiting factors in paragraph 2.2, .butthere are no restrictions on mutua! decision making. for the following reasons: , !t Ii ii it V. DISPUTE RESOLUTION The purpose of thisdispllte resolution process is .to resolve disagreemenis about carrying out this pl.rintil-.g pltDt. This dispute resoltllion process may, and under some Idcl1I C07l1i.l!ulu or the provisioTlS of this pkm 1II1ISt,.he used before flling a petition to modify the plan or a motionfor colltemptfor failing. to fi11low t1l4 pltDt. (xx ] Disputes between the parties, other than child support disPutes, sbaIl be submitted to (list person or agoncy): . '... . . [xx J court action only, due to distance and one par.ofllS inability to afford .Itemative dispute resolution., or . mediation by [J [J . or arbitration by The costoftliiS,~ &ball be all(lCllteilbe~the partiis lIll follows: P.ARENTING PLAN (PPP. PPT. PP) -Page 8 of 11 WPF DR 01.0400 (912000) - RCW 26.09.181; .187; .194 'I' " ".. -'"'~~'""~ " -. '~ "'--"':':"~"""-;'"..-, , . ' [xx] 52 % mother 48 % father. [ J ~ on each party's proportional share of income from line 6 of the child support worksheets. [ J as detennined in the dispute resolution process. . FiL1=') The counseling, mediation or arbitration process shall be commenced by ~&'fulilJiik ~~,S O"!::CE party hy [J written request {;a J certified mail [J other: In the dispute resolution process: AM. JUN ... 8 2%; PM (a) (b) (c) (d) (e) 3:W}~~~~,r:~!,~:~~~""~.;:';~~', . Preference shall be given to carrying out this Parenting Plan. Unless an emergency exists, the parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support. A written record sba1l be prepared of any agreement reached in counseling or mediation and of each arbitration award and shall be provided to each party. - If the court finds that a parent has used or ftustmted the dispute resolution process without good reason, the co\l1t shall award attorneys' fees and financial sanctions to the other parent. The ~es have the right of review from the dispute resolution process to the superior court. [xx] No dispute resolution process. except eo\l1t action is ordered. . VI. OTHER PROVISIONS o Thenl are no other provisions. [xx] There are the following other provisions: Request that Pierce County COUIts maintain jurisdiction over this case and the children for the following reasons: Mrs. Arindaln is married to anAetive member of the Armed Forces and will be reJocatlrlg every few years.' Mr. Lopez- ~uez still resides within the jurisdiction of this court. WIth this, Piece County Court wiIl be lllAnm.inillgjurisdietion and all records and proeeeciiflgs wm be in one 1ccation. And both parties will not have to go throUgh court proceeding with every relocation. This will also help due to the Iimitlld income of one parent. . I ,I. ... ..... .. ~ . VU. DECLARATION FOR PROPOSED PARENTING PLAN Does not apply. (Only sign if this is a proposed parenting plan.) I declare under penalty of perjury under the laws of thll state of Washington that this plan has been proposed in good faith and that the statements in Part n of this Plan are true and correct. (] [] Date and Place of Signature Mother PARENTING PUN (pPP. PPT. PP) - Page. 9 qf / / WPF DR 0/.040fJ (912(J()(J)-RCJY26.09./8/; .187; .194 . :. -' ~, _l " ',~ -,,~ J " , , ~" -" ';1 'it.: " , ~ -1 j:ll ,- -,-" - ,~ ,',~' liil l ' , , J...".. ~,2,QU[ h. 74c..';>W..... : \LI~ Date; and Pl~ of Signa re , C I H' 'l' ,~p) ,. Cf\UNf":"\ ,,'-~' L , , 'J ! ( C.UiiV"~ nUl"" -, ";' ,/i ("Itf." AM. ..iUN - >i "c, ". VIII. ORDER BY THE COURT ., ((/[1) f',lvl Pjt:(.i(\C; ('(IUt jTv " - It is ordered, adjudged and decreed that the parenting plan set forth abeve is ad?p'~~i!pRk~~)iijk9 f arderofthiseourt; '~'..."",-- ,',"'\ ---.-.-.... \, WARNlNG:, VIOlation of ~provisions ofthiso!'der with actual knowledge of its tenns is punishable by.cootemptofcourtand may be a criminal offense under RCW 9A.04O.060(2) or M.4()J)70(2); VioIation.of this. order may subject a violator to arrest. When mutual decision maldngis-designatedbUt.cannot.be,achieved, the parties shaH make a good faith effort to resolve ,the issue through the dispute resolution process. If a parent fails to comply with a provision oftbis plan, the other parent's obligations under the plan are not affected. ' Dated: JUDGE/COMMISSIONER Presented by: Approved for entry: Signature - Signature ~ Print or Type Name Print or Type Name i PARENTING PLAN (PPP.PPT.PP)-Page 100111 WPF DR 01.0400 (912000) _RC1'I26.09.J8J; .J87; .194 '""' . , " .' ,f> . -, -. SUPERIORCOURT6FWASHINGTON COUNTY OF P .I:'i.ec'L In re the Marriage of: Eliut Lopez-EnriqIJez Petitioner, And Lorraine k AriDdain FKA: Luulline A. Lopez-Enriquez . Respondent. ", ',...ii-i, ---,. -...... '" -~ "~ ~ -'b''''-,,,,,,\__: I,: , I I I , FILE 0 IN COUNTY CLERK'S OFFICE AM. . JUN - 8 2001 P.M PIERCE COUNTY WASHiNGTON TEO Rlll1, COUNTY ~S~f:~"! BY_...,___.._.___~._:,;::.:.riJ~ : NO. 95-3-01987-0 MOTION AND DECLARATION TOSERVE BY MAIL (MT) I. MOTION .' ,. , ~: ',1; ~ ;: .I' The ~ner moves the 'COurt for an order aUowing serviCe of the Dirted: June 8, 200 1 ii' '!, il; " ['; II. DECLARATION 2.1. Ser-vice.shouId be made by mail because: i , r l: ti I! !i ii [XK-]- the lllSfleadent.isfiet-a resitkot cl'tbis-statt. [ ] the respondent cannot be found in this state. [ ] the petitioner is proceeding in forma pauperis and cannot afford service by publication or personal service. , 2.2 The petitioner hasnotbeenabletoloeate or serve the respondent beeause~ MOTlON.ro-SERFEBYMAJJ.(MI') -Page- 1-6/-2., WPF DR 01.0280 (9/2000) - RCW 4.28.100; CR 4 (~(4J j:L~, .: =1 1'" ~,' '_:_-.,~: -_....:' _~:~ . '. .L_:...".'~ ~.-.~.~ -~....- .. ' , ' , , ,,~'.' .~-~ 4, If this action has not beenflled with the court, you maydemlllld that the.petitioner file this action with the court. . If:you do .so, the demand must be .in writing and must be served upon the person publishing this sumDlOllS; Within 14 days after you serve the demand, the petitioner must file thisaetion with1he'court; or the serviCe on you of this summons will be void. 5. If you wish to seek the Ildvice of an attomey in.this.matter, youshouiddo so promptly so that your written response,ifany, may be served-ontime: 6. One method of serving a copy of your response. OIl the petitioner is to send it by certified mail with return receipt requested. This summons is issued pursuant to RCW 4.28:100andSilperior Court C' 'TRule 4.1 of the state of Washington. Dated: lime 7;2001 S' of LaWyer or Peti. er t It.;\-la~~t -CII~'t PtitJ.t or Type lime PILE ORIGINAL OF YOUR RESPONSE WlTIinmCLERKOF THECOUR.,T'AT: SERVE A COpy OF YOUR RESPONSE ON: [XX ] Petitioner [ ] Petitioner's Lawyer Pierce Count Court [Name of Court}. 930 TacomaAve So: RID; llO [Address}. E1iutLopez.-.Enri~ [Name} 2624.A92ndStreet So. [Addfess] ~ TJl...nmll.. WA 98402-2177 Lakcwood, W A 98499 Date Mailed: . f \ L~pc OHICE IN CO\J\'lI'! C\""~, .~ . . .' . ~nG1 ?JI\ . "^ J\J\'l - 8 I-Il .fl-. . '.0"1 ~1l\C'\-,1\t~GI I', . cc r-qUNT{ :~\j~.-<-'2II\CI ", co...i\ nl~n' ,v.; ~'-'I .". I '"'-,_", r ~~ 01\--\ \..rli.J:>tI' f\CC':' I i 1t.Q r.W t I ......"~._..l.--"_I \J. iJ'I..........---- SUMMONSBY MAlL ($M) - Page 2 of2 WDr:" nD II' ,.".n.n ..."".AlUkl ...-. -- ...... ^-,,,,,,-~" '~" ~'~'~<-~,,~- -,"" "" ;;-1..'~ '"--.-lj;jrmr.'~iI;'-, . ", J' . . , , , Barbara SWlIple-Sullivan, Esquire Supreme Court #32317 549 Bridse Street New Cumberland, PA 17070 (717) 774-1445 LORRAINE A. ARINDAIN, Plaintiff v. : IN TI:IE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA ; CIVIL ACTION - CUSTODY ELUI! LOPEZ-ENRIQUEZ, Defendant : NO. 2001.3197 VF.RIFTCA TION I, LORRAINE A. ARINDAIN, h.ereby certify that the facts set forth in the foregoing EMERGENCY PETmON FOR RELIEF are true and cone,ct to the best of my knowledge, infonnation and belief. I underStand that any false s1atements made herein are subject to penalties of 18 Pa. C.SA Section 4904 relating to \UlSwom falsification to authorities. -.- Dated: j \..I,fY\ll. -:l \) . 2001 ~ Q C)..jl..'mI.C'~ LORRAINE A. ARlNDAIN .. ~ '" - " '-- ,<<..,,'- <~;,<'"~ ,-,-i_,:,,-;'<, ",-n::,,_ -~:-'''-';\-;ii>J-:. ), Llli:,~ . I'"!" . . ' . Barbara Surnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717)774-1445 LORRAINE A. ARlNDAIN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY ELUIT LOPEZ-ENRIQUEZ, Defendant : NO. 2001 - 3197 CERTIFICATE OF SERVICE I, Barbara Sump Ie-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing EMERGENCY PETITION FOR SPECIAL RELIEF, in the above- captioned matter upon the following individual(s) via United Stated first class mail, postage prepaid and overnight mail, addressed as follows: Mr. Eluit Lopez-Enriquez 2624-A South 92nd Street Lakewood, W A 98499 arbara Sumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cuntberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 DATED: June 21, 2001