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Home My WebLink About01-05858 "_1_; '_<~"""'" ,1b".,<,.."m-:",. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ;F. ;F. ;F.;F.;F.;F. .. . . . ;F.;t;;F. ;F.;F. ;F. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STPTE OF PEN NA. Diana E. Matteson Plaintiff No. VERSUS Jose Rolando Paguada Chirinos D=fendant DECREE IN DIVORCE 01-5858 l'iui 1 Term AND NOW, ~ oJA 3tJ c:::r ~. .!a"l)A.;tf . -;.o~~, IT IS ORDERED AND DECREED THAT Diana E. Matteson AND Jose. Rolando paguada Chirinos ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; none ATI"~ . . :t::F. ;F.;F. . . ... . ;F. ;F.;F.:f. ;F.;F.;F. .. . 'Tc" -'-r c' ., -, ,., ~,-I. ,.~ ,.,,- -I' ~ -~'f" PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . -~~ . ~- -- \.. c . , DIANA E. MATTESON Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANlA vc : CNIL ACTION - LAW : IN DNORCE JOSE ROLANDO PAGUADA CIDRINOS, : Defendant : NO. 01-5858 CNIL TERM PRAECIPE To the Prothonotary: It appearing that the Master's report in the above stated case has been filed for ten days, that no exceptions have been filed thereto, that the costs have been fully paid and that all the requirements of law and Rules of court have been met, you are hereby directed to submit the said case to the Court of Common Pleas of Cumberland County, Pennsylvania, at the next sitting thereof Dated- rJ6b-t-vo ZI/ Z6D2 ~~ Famil Law Clinic Attorney for Plaintiff Megan Malone Certified Legal Intern ~~"iJM THOMA . LACE ROBERT . RAINS LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717 243-2968 I, , Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, do hereby certify that the costs in the above stated case have all been paid, including the Master's fee. Prothonotary t;l_.J.~<... ,.". . ,0... "": :",.0,.,- .',' l - ~. ,.,,'c. -~, "'~.. .'., " ! , 1 1 i :1 I J ;~ '..1 .c i c! i I , c) ;1 I' 0" " ,~~ ", _=""o/>~" c' ~~ "o!-;,' q)C! ~"-7"-'.- ~~, " (r,_~_' ~- ~.-.' \,- -.:< J-': ,.I -~ " c:- r,,) -::J. CO) -~'4 ['\,) :....) {Ji ''', n~J"l~!,1~':QJIfi<l'f'j}ij'~"l*~jW'1g';;;;;"'lj"i1_ij~~~,~~~~;~<~~~ ~. I. . . DIANA E. MATTESON Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW :IN DIVORCE JOSE ROLANDO PAGUADA CIDRINOS : Defendant :NO. 01-5858 CIVIL TERM CERTIFICATE OF SERVICE I, Megan Malone, Certified Legal Intern of the Family Law Clinic, do hereby certify that I have served a copy of the Plaintiff's Praecipe to submit the above case to the Court of Common Pleas of Cumberland County, Pennsylvania on the following individual by depositing a copy of the same in the United States mail, first class, postage prepaid on this the 21 ,t day of October, 2002. Lindsay Gingrich Maclay Hanft and Knight, P.e. 19 BrookwoodAvenue, Suite 106 Carlisle, PA 17013 Date()~21 2{JOZ , !11~ ~ Megan alone Certified Legal Intern '!f!"'f'\c,,":, -'~-_"'__'_}~;~"~'_""'_'''<'' ;-__'i~--' _ . '.' - ,-"~ - "', .", -; ,- I -:[ . -~ ~X"~ ':~ ,I ;1 i 'I - ~~~ ,~~.!Iffl!"1' ~1.1mlI1!!il~ , ., ~ - _ "_, ~ -- p;v _. -~ _,' .,_J~ ,_,,,'>,,,c" __,~ ~',-~cA",~~ ":. " o ~;" \}6: QE, :;;---;-:,- (~, t --;"-' ."'J c(( ~ c::: ".-, ,- " :.:' ...) .-~.1 ;--.,) :,r-) t,:" iR!!!\'If~li1l.",'~m.l!!W~1'lWff~"'i~~1'i~!!-.-"'fJ!~~"'~~!l'~l'~lil~:WW!'ll'!!I~r~ '. r DIANAE MATTESON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE JOSE ROLANDO PAGUADA CHRINOS, Defendant : NOc 2001-~'"8 CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose lfoney or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ''0~ _,-e,,_, '^_"I'-^~:r"" .,' "",;','c,"'" ,.. I ",,,,,,,-,--,,. ,-," .'-----, l' :1'" , . ," c, f DIANA E. MATTESON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVil-ACTION - LAW : IN DIVORCE JOSE ROLANDO PAGUADA CIDRINOS, : Defendant : NO. 2001-5858 CIVIL TERM DIVORCE COMPLAINT WITH EOUlTABLE DISTRIBUTION COUNT The plaintiff, Diana E. Matteson, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: COUNT I DIVORCE UNDER 23 Pa.C.S. SS3301(c). 9330I(d) AND 9330I(a)(6) OF THE DIVORCE CODE 1. Plaintiff is Diana E. Matteson, who currently resides at 117 Wyncote Court, Mechanicsburg, Cumberland County, Pennsylvania, since June, 1999. 2. Defendant is Jose Rolando Paguada Chirinos, who is currently incarcerated at Cumberland County Prison, 1 101 Claremont Road, Carlisle, Cumberland County, Pennsylvania, since October 4,2001. 3 c Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint 4. The plaintiff and defendant were married on July 19, 2000 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The parties have lived separate and apart since October 3,2001. C' '!' _~ .<:._', _ .. ','. .". __~~ "r~ _ ,^ - - '.' ..c' ,'. "'; , "" '_"-1'" ~' r 8. Plaintiff avers that Defendant, in violation of his marriage vows under the laws of the Commonwealth of Pennsylvania, has offered such indignities to the person of the Plaintiff, his injured and innocent spouse, as to render the condition of Plaintiff intolerable, and life burdensome. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the Court to enter a decree of divorce. COUNT II EOUITABLE DISTRIBUTION 10. Plaintiff repeats and realleges paragraphs 1 through 9. 11. Plaintiff and Defendant have acquired marital assets and debts subject to equitable distribution under the Divorce Code, including, but not limited to the following: a. 1990 Mitsubishi Montero, b. Carpenter's tools, and c. Various personal belongings. ~':fg~_."",,, ,"" '~_""",<_ '__'''" ."-""''- , '. '-I' :<:""" '_";-'_"d,,,~, .' ','r """-', %Ii , r WHEREFORE, plaintiff requests the court to enter a decree dividing the property equitably between the parties and such other relief as the court deems just. Respectfully Submitted, Date: W-Ic5k1Y 10, too I , jJujl j)je 1/ UA/AiUJIt GMichelle L An~n Certified Legal Intern ;7- L/,,/ THOMAS M. PLACE ROBERT E. RAINS TERI L HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 '"e/"_;_"O_,,. ,'''<''''/ ,',". .' - ,~. -,. - I . , , VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.CS. ~4904, relating to unsworn falsification to authorities. Date: e;. OC--T '2-001 , ,~ . ',' ~ " I' ~ ~" " W":iT JJ \\\ t\Y> ;r- ,=. . ~""~r>'ll';" '."'~"Y""il;iil{ .-,<,,'.~ "Y -..Y'<t' -,,,;,",~,.,..", u II "'~ '- """""".,>'. "".~ c,_ n c~ --=-~ (::.~' -:",) ~D -m xe,,,,,,,,,,,,,,,,,,,,",,, ~1s~'ilff!l'l~~~~,_ "_' ,~jill!:-"""_"'7""....,AI~"T'~',' _,JJlJlll~~'jffilli."*",~,,'~P:,-w,,.'_'r,^_,._-;---,";-, """-~"''''''-''W~-,!}1~.}~~~~W~~1''~-,wjql~1I]O<f!:'1;Jl~~!.,~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-05858 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATTESON DIANA E VS CHIRINOS JOSE ROLANDO PAGUADA DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon CHIRINOS JOSE ROLANDO PAGUADA the DEFENDANT , at 1450:00 HOURS, on the 11th day of October ,2001 at 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to JOSE ROLANDO PAGUADA CHIRINOS a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.25 .00 10.00 .00 31.25 ;,,>J?~~~~ R. Thomas Kline 10/11/2001 FAMILY LAW me this If'!:: day of By: rh~ @'~ . Deputy Sher~ Sworn and Subscribed to before {fl~J;:/,,~ ~6P1 A.D. ~~a~~ rothonotary . ,"$'''." T 1 ~<' . ' ,", " ,'" ~ -- 1-- - - ~" '"'Il"" ~ _, _ 1~ _"'~I'I"'''''F,''''''''''''''''' . ;"", 0' DIANE E. MATTESON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 5858 CIVIL JOSE ROLANDO PAGUADA CHIRINOS, : Defendant IN DIVORCE NOTICE OF FILING MASTER'S REPORT The report of the Master has been filed this date and copies have been sent with this notice to counsel of record and the parties. In accordance with P.R.C.P. 1920.55 within ten (10) days after the mailing of this notice and report exceptions (') <::) C 1"'0 may be filed to the report by any party. If no exc~~io~ n~ifr' n z:::u ->4 are filed within the ten (10) day period, the court~eal~~ c~~ z:~: _ receive the report, and if approved, shall enter a ~~al~: >c -.- decree in accordance with the recommendations contai~d ~ -< (n (.) ~n ...1 --'1 the report. ~--t ~, Date: 10/8/02 E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. ';,'1__" ,T I -, ~". f ,:' . ~ . * ~~.-;- ..[ If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. Counsel shall also prepare and provide with the proposed order of Court a praecipe* to the Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Court. Form available in the Prothonotary'S office and the Master's office. (NOT the praecipe to transmit the record form as set out in P.R.C.P. 1920.73(b).) , -; DIANE E. MATTESON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 01 - 5858 CIVIL JOSE ROLANDO PAGUADA CHIRINOS, : Defendant IN DIVORCE MASTER'S REPORT Proceedings held before E. Robert Elicker, II, Master 9 North Hanover Street, Carlisle, pennsylvania proceedings held on October 3, 2002, commencing at 9:00 a.m. APPEARANCES: Lucy Johnston Walsh and Megan Malone, Certified Legal Intern Attorneys for Plaintiff () ftr ~e:_~: J.":;;-c' fE,~::; Z :3 , :~:J ':) '"\,J -'"1 I CO Lindsay Gingrich Maclay Attorney for Defendant - . ;'0 .-J C) ):",:1 :ry -- .:., ''''r'-' .>" -,,,' '-",_ ""-""._?, ,~,.,'e' - -1"~ n '1 '.,-.'.- , !~." ';--" "l' 'U'~':']''''''1'''~'' ,~- ,-' PROCEDURAL HISTORY The complaint in divorce was filed on October 10, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. The complaint also raised an economic claim for equitable distribution. The complaint was served on the Defendant at the Cumberland County Prison by the Sheriff of Cumberland County on October 11, 2001. The Master was appointed on motion of the Plaintiff on June 7, 2002. On June 6, 2002, the Plaintiff withdrew her claim for equitable distribution by praecipe fJled with the Prothonotary; therefore, the only issue pending before the Master is the claim for divorce of the Plaintiff. Inasmuch as the Defendant has not agreed to consent to a divorce and the parties have not been separated for a period in excess of two years, the Master proceeded to take testimony on the wife's claim of indignities. The Master scheduled a hearing for October 3,2002, and sent notice to both parties and counsel. The Defendant is represented by Michael Hanft who entered his appearance on August 16, 2002. The notice sent to the Defendant at his address in Honduras has not been returned from the postal service as unclaimed. Also, the Defendant's attorney of record indicated that their law firm was representing the interest of the Defendant and that they had also sent a notice of the hearing to the Defendant, which was not returned unclaimed. The hearing on the claim of indignities was held on October 3, 2002, at 9:00 a.m. Plaintiff appeared with her counsel. Defendant's counsel also appeared. The Defendant did not appear. Testimony was placed on the record. The record was closed and '0' , J' '1,1'"'' the Master proceeded to prepare and file his report. FINDINGS OF FACT 1. The Plaintiff, Diane E. Matteson, resides at 117 Wyncote Court, Mechanicsburg, Pennsylvania 17055; the Defendant, Jose Rolando Paguada Chirinos, resides at Apartado Postal #6573, Tegucigalpa, Honduras, Centro America. 2. There are no jurisdictional issues in this case as Plaintiff has resided in the Commonwealth for a period in excess of six months prior to the commencement of the divorce action. 3. The parties were married on July 19, 2000, in Carlisle, Cumberland County, Pennsylvania; they separated October 3, 2001. 4. Wife was bom November 19, 1971; husband was bom December 3, 1955. 5. The parties are the natural parents of one child, Gabriel Jose Paguada Matteson, bom June 19, 1999. Pursuant to a court order, the child is in the custody of the Plaintiff and resides with the Plaintiff in Cumberland County, Pennsylvania. 6. The divorce complaint was served on the Defendant by the Sheriff of Cumberland County on October 11, 2001, at the Cumberland County Prison. A retum of service is made part of the record. 7. The notice of the hearing before the Master on October 3, 2002, was sent to the Defendant at Apartodo Postal #6573, Tegucigalpa, Honduras, Centro America. The notice was not retumed to the Master's office by the postal service. Defendant's counsel also indicated that the Defendant was notified by their office of the hearing date by mail. The notice was not retumed to the Defendant's attomey's office as unclaimed. 8. Husband and wife separated on October 3,2001, as a result of husband's physical and mental abuse of wife. On the day of separation husband was drinking, engaged in threatening conduct toward wife and made wife fearful for her life by pulling out a machete and thrusting it through the parties' vehicle more than thirty times. Wife called the police, husband was arrested and other than wife's contact with husband at the time of a subsequent hearing and subsequent telephone conversations, wife had no further physical contact with husband. Husband was subsequently deported from the United States because of his criminal conduct and is now residing in Honduras. 2 :";1,_"!-ry_,\__;,,_"J.J..,.~, .-,,, , I ", ,-""" - TI. , ,. ~~ c. .j,' 9. During the course of the marriage, while the parties were living in the United States, husband's conduct toward wife was abusive and threatening and caused wife to fear for her safety and the safety of the child. 10. Husband would repeat stories to wife about his family's history of violence and revenge toward members of another family in Honduras. He reminded wife that killing was an important part of his culture and that people would kill for money. 11. Husband constantly demanded sex from wife and would on some occasions attempt to force her to have sex. Sexual demands would be daily and sometimes two or three times a day. 12. Husband accused wife of infidelity constantly suggesting that she was having affairs with other persons. Wife could not have contact with other people without husband becoming angry and accusing her of having sexual relationships. Husband was even jealous of wife's breast surgeon because the surgeon touched wife's breast while performing his duties as a doctor. 13. Husband's jealously reached a point where wife could not have any relationship with friends. Husband would also constantly call the house while he was working to make sure that wife was home. He would even stop around the house and check on wife to make sure she was not away from the house. 14. Husband would call wife abusive names such as whore and slut, sometimes on a daily basis. 15. Husband engaged in temper tantnlms, at one point crushing a video tape and told wife "don't fuck with me". He would also throw things around the house like hammers, books, and shoes. 16. Husband would purposely try to frighten wife while he was driving with her in the car by driving recklessly. 17. Husband belittled wife and told her she belonged to him and that she was not performing properly her duties as a wife and taking care of the household and their relationship. 18. Conduct which husband engaged in toward wife caused her a great deal of stress and anxiety and made her fearful for her safety and the safety of the child. Since the parties have separated, wife has been able to function more normally without the fear of abuse and anger demonstrated toward her by husband. As wife testified, "she is no longer walking on egg shells everyday". 19. Wife made every effort to be an attentive and caring wife and engaged in no conduct toward husband which in any way could be considered disrespectful or unendearing. 3 ;~----"-"'tc'" - - -~" ',,'7< - '^!"l'T' ".>:-1'''' .,." -,--.' "1 'f.! . 20. Wife prepared a statement setting forth the conduct of husband toward her which is contained in a pre-hearing statement, paragraphs 1 through 18. The statement is made part of the record and wife testified that she assisted her attorney in preparing the statement and that facts contained therein are true and correct to the best of her knowledge and belief. CONCLUSION OF LAW Wife is an innocent and injured spouse and husband's conduct toward wife was of a such a continuous nature as to make her life intolerable and burdensome. DISCUSSION The conduct which husband engaged in toward wife as set forth in the testimony and as outlined in the findings of fact hereinabove and wife's pre- hearing statement was of such a nature as to make wife's life intolerable and burdensome. Wife had to constantly endure the continuing outrage of husband's jealously and physically and emotionally abusive conduct. The conduct that husband engaged in toward wife was of such a continuing nature that wife endured the name calling, the control of her activities and his threats and demands on a daily basis. Husband regarded wife as a possession and his demands on wife for sex and to refrain from having any contact with other persons created an enormous amount of stress for wife. The final outrage occurred on the date of separation of the parties on October 3, 2001, when husband displayed a machete, threatened wife and then proceeded to do extensive damage to the vehicle. As a result of this conduct, husband was arrested. He was incarcerated and ultimately returned to Honduras by the INS. Since wife's separation, she has been able to function in a more 4 !.> -1'\,-.-.~,,, - >" ,n" ".~.,,_, <" - ., .>,-. I '.'" ~, - ~":_,,~,~, ..~ , . normal way without fear for her life and safety and has been able to see an improvement in her attitude and health. Throughout the course of the marital relationship wife made every effort to fulfill her duties as a spouse and to sustain the marital relationship. RECOMMENDATION Wife is entitled to a divorce on the grounds of indignities to the person under Section 330l(a)(6) of the Domestic Relations Code. Respectfully submitted, [t~ E. Robert Elicker, II Divorce Master 5 . ~ -- - , ~ 'Wl DIANE MATTESON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW 01 - 5858 NO. CIVIL 19 JOSE ROLANDO PAGUADA CHIRlNOS : IN DIVORCE Defendant STATUS SHEET DATE: ACTIVITIES: j f.1J~ ~_ _ ,~ '" .' - ~""...." " John A. Vaskov, Esq. Deputy Prothonotary Patricia A. Honard Chief Clerk Supreme Court of Pennsylvania Western District January 23, 2002 801 Citv-Countv Buildinl! Pittsburgh, PA 15219 412-565-2816 www.aopc.org Thomas M. Place, Esq. Dickinson School of Law, Family Law Clinic 45 N. Pitt street Carlisle, PA 17013 RE: Megan Malone No. 54 INT 2002 Dear Attorney Place: The above-named law student has been approved and certified under Pa. BAR. 321 and 322 by: Dickinson School of Law Harvey A Feldman Associate Dean as a duly enrolled law student who has completed at least three (3) semesters of legal studies, or the equivalent thereof, as being of good character and competent legal ability, and as being adequately trained to perform as a legal intern as of January 23, 2002. Pursuant to such certification and in accordance with and subject to the provisions of Pac BAR. 321 and 322, the above-named student has been certified as a legal intern and you have been approved to perform the duties of supervising attorney. 'N!T~~SS my s~g!'!at~r9 ~!ld the ':!'92! of this Court, January 23, 2002 _~:[7J\lJ~ C . John A. Vaskov Yeputy Prothonotary Idal cc: Mr. Harvey A Feldman Associate Dean M$.Megan Malone r""",,~,IO_ ~) , !- I"-! ,- " ~ - :n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA E. MATTESON, Plaintiff v. CIVIL ACTION - LAW NO. 01-5858 JOSE ROLANDO PAGUADA CHIRINOS, : Defendant IN DIVORCE ENTRY OF APPEARANCE TO PROTHONTARY: Please enter my appearance on behalf of the Defendant, Jose Rolando Paguada Chirinos, in the above-captioned divorce matter only and not the custody count. Respectfully submitted, Dated: r(lb!fJ1- HANFT & KNIGHT, P.C. krptr Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorney for Defendant F:\User FolderWirm Docs\Gendocs2002\2542-.1 enlapp.wpd '-,,~ ~...... !' ',1 lii'll""_ ~ ," i! ~~_~11 ,< 0 _, ~1I!IIIIJ:,~n,._.,4,,,,,,,,,_ [ ~ .~'~~""~"",---b~-;;'~'''' "'~'~, o c::: 2:"" ~f~ ~'~: ::,.-" ~"": ~;-; ~<! (:7'1 1611 IT'n"r"fRl""-"\ a r,,} "'" c_ 5 o " ~~ d[71 "Ie) >;~;.~- (':J; _-c .....c ,~~ --,,- =< &t 811 UPI1!~!i!~JH~~~t't-l<l~j~-;'~;W(lJf<?;'!li~[j~l~ir~[{;i'iWi(n;'N;;\;'N~i8jl'~~~t!!1J1ii'/,~ff'ij[i1'Y~!1F1Wf,]l;!~rf:'WZ'f:' jj1 DIANA E. MATTESON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, ; CIVIL ACTION - LAW : IN DIVORCE JOSE ROLANDO PAGUADA CHIRINOS, : Defendant : NO. 2001-5858 CIVIL TERM CONSENT AND APPROVAL FOR APPEARANCE UNDER Pa.B.A.R. 322 I hereby consent to the appearance of Megan Malone, a Certified Legal Intern under the supervision of an attorney, in the hearing on indignities under Pa.C.8A s3301(a)(6) before E. Robert Elicker, II, Divorce Master at 9:00 a.ID. on Thursday, October 3,2002. Date: October 3, 2002 ~~ lana Matteson --...., As the supervising attorney for Megan Malone, certified under Pa.B.AR. 322, I approve of her appearance on behalf of the above-named client in the above-named proceeding. Date: October 3 2002 ~~.~~({)M- Robert E. Rains Supervising Attorneys Lucy Johnston-Walsh Staff Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 :~,,'~- ,'-~' c''''.,'' ",?-,.,.",- ',-"^ -.' < ,. 'I' '" 1-, ,"0>,', roo, '-.,'" - 'oJ , , _ ~_"" [;$ ... PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA E. MATTESON v. 01-5858 CIVIL ACTION LAW JOSE ROLANDO PAGUADA CHJRINOS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Jnly 03, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Snnday, Esq. , the conciliator, at 39 West Main Street, Mechanicshnrg, PA 17055 on Tnesday, Angnst 06, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. Sunda~. Esq. ,,\Y Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOUI.D TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB 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 fi!!:'::__ ,--,-. 1-'" I I, ~~ . . . ,~ . \<;i;:,i;~~jHk',ilhc:.'_-"l!:.~!"3 ,."",;, c'; ,1--:.,_ _, ,>. ; i ~",i'.-':i':!-'_'.~__"H' ';,--,;,,,. "~, '- .l';'''-.' :__ "'.~ <: Hli -'. , ,~,_.,lJ: -~:~_:Jlk.l,,_,~~._~ _~ ~l.LJJ"'M __""".Ie., ._;~ _.~_"" ,~~ ,~v. , -""",e.'~',r' "c,j ,;;,,,"l:t}?!ii11"lf;ifjmm_t~~i1cit;,,;;'f;;;"l<l<i~~~I~~~' "~. J~HJ T iijjl!iilfiillfdjl~#li~mi__ 02 ~.!UL ~- :; p ~, f' fl, ,.... I,cc, , ~ ('llhC,c ., v ..tl~:~_I. 'J"") ,. '. " " I' :1' rl'-I' D:-=:' ;.~--;"<, ";_. .:"",_,'~J" I' i l..:J\;/\h)'{L\l/:-,!\li'/\ ).5"Od 7c5'-0,;2 7 S- 'OcJ M-~ /U~ Z, .Ky '7lP1Zei ~ 4> 4 1k,4 [1~ /tA-~ ~.ilJ ~a~ ~ ~ s 'Juryrt200Z DIANA E. MATTESON Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW : IN DNORCE JOSE ROLANDO PAGUADA CillRINOS, : Defendant : NO. 01-5858 CNIL TERM v. ORDER OF COURT AND NOW, this day of ,2002, 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 ,2002, 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. Either party may bring the children who are the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Count Bar Association 2 Liberty Avenue Carlisle, P A 17013 717/249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. '}1,,,,'("(,,,,,'i'~,_,, .'-~'.-_ ,-""",.,~,:;-~_:,C'O":_m,_, ,-0-' -T-~i1I1,","'~""-, I~-"'_"-' ._c'_. "':"'-'w"- 0_ ,.,. __.~_ ""w. " '_n_ ,. ",. ",-~~ -, . -' DIANAE. MATTESON Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE JOSE ROLANDO P AGUADA CIDRINOS, : Defendant : NO. 01-5858 CIVIL TERM v. COMPLAINT FOR CUSTODY The plaintiff, Diana E. Matteson, by her attorneys, the Family Law Clinic, ftles this complaint for custody, pursuant to Rule 1920.13(b)(2), requesting sole legal custody, care, and control and sole physical possesion of Gabriel Jose Paguada Matteson, born June 19, 1999. In support of her complaint, plaintiff states as follows: 1. The plaintiff is Diana E. Matteson, currently residing at 117 Wyncote Court, Mechanicsburg, PA 17055. 2. The defendant is Jose Rolando Paguada Chirinos, currently residing in Honduras, with a mailing address of Apartado Postal #6573, Tegucigalpa, Honduras, Centro America. 3. Plaintiff seeks custody of the following child: ~ Gabriel Jose Paguada Matteson Present Residence Date of Birth 117 Wyncote Ct. Mechanicsburg, PA 17055 06/19/99 Gabriel was born out of wedlock. The child is presently in the custody of Diana E. Matteson, who resides at 117 Wyncote Ct., Mechanicsburg, PA 17055. During the past five years, the child has resided with the following persons at the following addresses: Persons Address Diana E. Matteson Estella Matteson (maternal grandmother) 117 Wyncote Ct Mechanicsburg, PA 17055 Dates 10/01 - present Diana E. Matteson Jose Rolando Paguada Chirinos Estella Matteson 117 Wyncote Ct. Mechanicsburg, PA 17055 8/01 - 10/01 )1:.1 ;,~ ',,'-, ~, ;" '-- ., - ;'; __'___r,~~", .,' ,c, -~~.,,,'> ^,'_ >_^-~' ,-~', ""'1 -_1_1_'. "_<~_""__ __~_\; ","" "~,,~,,,," _ " . - " ,', .% -,' _,._,e" "'.",,,.T ~ ~ .,.' ;- -' Diana E. Matteson Jose Rolando Paguada Chirinos Estella Matteson 117 Wyncote Ct. Mechanicsburg, PA 17055 117 Wyncote Ct. Mechanicsburg, PA 17055 7/01 - 8/01 Diana E. Matteson Estella Matteson 3/01 - 7/01 Diana E. Matteson Estella Matteson 117 Wyncote Ct. Mechanicsburg, PA 17055 117 Wyncote Ct. Mechanicsburg, PA 17055 2/01 - 3/01 Diana E. Matteson Jose Rolando Paguada Chirinos Estella Matteson 7/00 - 2/01 Diana E. Matteson Estella Matteson 117 Wyncote Ct. Mechanicsburg, PA 17055 6/99 - 7/00 4. The relationship of the defendant to the child is that of father. The defendant is currently residing in Honduras after conviction as a felon and administrative deportation from the United States. Defendant is prohibited from reentering the United States. Defendant is married to Plaintiff. 5. The relationship of the plaintiff to the child is that of mother. Plaintiff is married to Defendant. The plaintiff currently resides with the following persons: N"me Estella Matteson Gabriel Jose Paguada Matteson Relationshiv Mother Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other State. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has been primary caretaker since birth; b) Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the needs of the child; "L~ _-:'-:_''--'~ ," _, ,.~'".';-.'",'_ "_,,,o-"-_'~' 0 '1'%:-':' - ~ , .~ o;~,,-,~,_ 'J , "I ,_-^ ,_,",,',",'_/" ;V' ~ j c) Plaintiff is willing and able to accept sole custody of the child; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the child; e) Defendant was deported on May 9, 2002 and is prohibited from returning to this country ; t) Pursuant to a Protection From Abuse order entered 10/10/01 and valid until 04/10/03, Defendant is ordered not to abuse, stalk, harass, or threaten Plaintiff or her minor child, Gabriel. Defendant shall not contact Plaintiff or her minor child by telephone or by any other means; g) If the Court does not grant the relief requested, Plaintiff and her minor child will be irreparably harmed; h) The minor child is at serious risk to be abducted because the Defendant has made prior threats of abduction, he has a long history of violations and contempt for the law or authority, his marriage to Plaintiff is in the fInal stages of a divorce, and he is disenfranchised from Plaintiff and the child but has strong family support; i) Defendant poses a high risk of abducting the child and because of his location in Honduras, likelihood of recovery of the child is low. Honduras is a non-compliant member of the Hague Convention on the Civil Aspects of International Child Abduction. Abduction of the child would have a substantial negative impact on the child; 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. L~__."o'_,,_ , < c_ c ,~",,, _ ~ ~. _",~'_~," ----. >c. ---'.'1 >." '"-, - --'";"',c_ '~~;__';1'__'"'_ '-~!.l"-'~';'>"--- , -, .'".-.T,,' -~ -__'. - n'_'_'=',"_ __ "', _. j WHEREFORE, plaintiff requests the court to grant her sole legal custody, care, and control and sole physical possession of the child. Date 9J~h 2~ ZffIJt Respectfully submitted, J!#;; ~ Student Attorney ~( ~ '.1- ROBERT E. INS THOMAS M. PLACE LUCY JOHNSTON-WALSH Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: 243-3639 -c.,'___ ~".-~ --, , ~~_',''';;,.,_~; "_'-Y',-if""'~:"-~ ;.>."'" _,", r-' , - , ,~- _ '__,_'__''0"_' ",_ ',"",' ,"il ;'- '_"^c_.,"""., '_~_' ,,'.g__,,~.. ~_ '"' ~ ~ c' VERIFlCATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date:~ ~. ~ L,qJt~~" ~~"t!' c,"', "_,,_- '''''__'?''',_",_,,~_r__ r>;;... ,-- ..=" ,"/"'-,";1 '-:;-,,'''-::- '. ,<,"'- -,--' ., - . DIANA E. MATTESON Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND.COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE JOSE ROLANDO PAGUADA CIDRINOS, : Defendant : NO. 01-5858 CIVIL TERM CERTIFICATE OF SERVICE I, Megan Malone, Certified Legal Intern, do hereby certify that I have served a true and correct copy of the Complaint for Custody on the following persons by placing the same in the United States Mail, first class, postage prepaid on this 28'" day of June, 2002. Michae1l Hanft, Esq. 19 BrookwoodAvenue Suite 106 Carlisle, PA 17013 Diana E. Matteson 117 Wyncote Court Mechanicsburg, PA 17055 Date: 91*?~ I :?(J?Yz.... m~~m(1~ Megan alone Certified Legal Intern :-~~,-,<- ~- "~-- ,.~-", ,"'l~~/',_ "C"'" ~- ,,_~,,> L'~----' ~-^. ~, ,- ., c__ ~~ ~ ~.. ., ."-rl""""",,'~'jW,__', '"'~ - ..>""~-"~-" <_,~, c. '" ", i: I: II :'1 II :1 ,I il " II Ie ! ! i ! ,j ,-j 11 'I i ! il 'i ,j I :1 ~~--~",j ~~, M. .~~~ -.-1 ~ ~,) (.:'::i , . ,,-_,'J '-. ;-n "J] :---.j ,~ .-> s :::< _.~,",. ,. "~' _~,-,<,_"" _\"'__'Zr_,.,,,"',c;,,__~1-t~fI,'F!'IIffl~~~~W-,,,,""'--,:"-~, ~~~"__'-___" J~!$~)~,l~""_>,,,,~ FAMILY LAW CLINIC A service to the community by students from The Dickinson School of Law of The Pennsylvania State University The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2%8 Fax; (717) 243-3639 July 9, 2002 E. Robert Elicker, II, Esqc 9 North Hanover Street Carlisle, PA 17013 RE: Matteson v. Chirinos 2001-5858 Dear Mr Elicker: Thank you for your letter of June 25, 2002 in the above mentioned matter. I understand the concems you raised and I apologize for my confusion as to the proper procedure this divorce needs to take. From what I understand now, there will need to be a hearing on the indignities alleged in the divorce complaint Please contact me to let me know when that hearing will be. Thank you for your patience as I become familiar with divorce procedures. If you have any questions or concerns, please feel free to contact me at the Clinic. Sincerely, M~e~ Certified Legal Intem cc: Diana Matteson Michael Hanft PENNSrATE ., The Dickinson School of Law An Equal Opportunity University I" ,,-"~,--~ + '-'''~~- -,',":,-:<" " - ~_"c "'" -":":'r"-'~' - "" I I . OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer Office Manager/Reporter Megan Malone Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 West Shore 697-0371 Ex!. 6535 June 25, 2002 RE: Diane E. Matteson vs. Jose Rolando Paguada Chrinos No. 01 - 5858 Civil In Divorce Dear Ms. Malone: I am in receipt of your letter of June 21,2002, and note that you have withdrawn the claim for equitable distribution. Consequently, the only issue pending before me is the claim for divorce based on irretrievable breakdown of the marriage and indignties. The parties have not been separated for a period of two years; apparently you do not have affidavits of consent and waivers of notice of intention to request entry of divorce decree since they have not been filed in the action. My question, therefore, is how you intend to obtain a divorce? You have filed an averment of indignities in Paragraph 8 of your complaint. You can wait until the parties have been separated for a period in excess of two years or request a hearing on indignities. In any event, notice will have to be given to the Defendant of any hearings or of the filed affidavit 3301(d) which would have to be published if you do not know the whereabouts of the Defendant. Please contact my office to advise as to your intentions regarding this case. I do not want to vacate my appointment until I am clear as to '>',"" ',~-- ~-~_"'-""-'\1"l""l-_~ J,,:" ," ,C,'-,,',',,"" ~;I '-', "'-~-- -'C" ~^ -, V"'-__.~:-, 1- , ~ '- ~",.,,, . . Megan Malone, Certified Legal Intern 25 June 2002 Page 2 how you intend to pursue the divorce action. Very truly yours, E. Robert Elicker, II Divorce Master - c- DIANA E. MATTESON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE JOSE ROLANDO PAGUADA CIDRINOS, : Defendant : NO. 200l-5'~ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Diana E. Matteson, Plaintiff, to proceed in forma pauperis. I, Michelle L Anderson, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certifY that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date:_Or;irhvt (~ L()() ( GL!ci!J1!f~~M- MIchelle LAnde Certified Le. gal Intern J ~L l V ~ RO RT E. RAINS THOMAS M. PLACE TERl L HENNING Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 '-"-,,-- " ,~_o,__~, '_"'''''' _~_ . I' '-,. -1 I.'" '''''-_ - ,." t~ .~__".." __""""_"",<~,-r-__,"",_,,^_,___",,,_~_ _~_.",," ~~..~~~-._~ c"N~..'" ,cc.'llll ~. I~I ~" [-nucC,cl'v''''o'i/ij'CC\fhj'''' '::-:1 '.-) .,"~ c::-' (-~. C 'c -~-'-" ~< 1.;:: "" ." ~, ~'_""_"''''''~-R''''''C'''''''1,:e<~:.JI!r~f;1L:~~~r'i'',*-Wf',WII'''.$H'")!\'''~'#JiIWiiljj~_~~""""",,,",,,,,,l'_',_,,,~_~_,,,,,~~~~!,,?,_;r' ~, Jilgii:'" ;1J, DIANA E. MATTESON Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE JOSE ROLANDO P AGUADA CHIRlNOS, : Defendant : NO. 01-5858 CIVIL TERM PRAECIPE TO DISCONTINUE EOUITABLE DISTRIBUTION To the Prothonotary: Please discontinue the Equitable Distribution claim in the above-captioned case. M~/J!~ !7WfM Certified Legal Intern ~~~ LUCY 0 TON-WALSH THOMAS M. PLACE ROBERT E. RAINS Supervising Attorneys Dated: 9 A~"u &, 2~ 2 I FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Attorneys for Plaintiff ~;..~~-::._,-.-- '",~-".":'_'_~~l:." ~-c"~ "":---""~ "'.". -, 1- - .', ,..'.,-",- I':' ,", '''1'.' ,I~ '-'~~,-,_ ".' ',"-~"'),"'~_.,~-:_'1"'."!~,-1"?'!";:_ ",':- ,-' , 'H_c'" _. .._]::. nnuCiillW'K ~crr1ilr j", C.." ;1'-', .:j;~ ;::'c.:.:rr: ~ 55 -< ::> t.o Gs 8i/ I I I.~~_ UU1Jij~>_,J,~~j Jl:!l~n:t]j J~-~I~.iK'iWll'~~j~~'~~Ilf;m~~~~JIl'IlrU'!l~~~"" ,,~I!\~,11_~~n~'fl'!13'l'mMj':.'l!'l'!f~W> ~l ,. , I DIANA E. MATTESON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVlLACTION-LAW IN DIVORCE JOSE ROLANDO PAGUADA CHIRINOS,: Defendant NO. 2001-5858 CIVIL TERM ORDER APPOINTING MASTER AND NOW, this 7 f<--day of ~; 2002, appointed master with respect to the following claims: Divorce , e ~ Ck/4-Esquire, is pJ. .oAj L~-fI\( R)<S 10-11-0; \ to: 1de~. kIi~ W~~\ 'T._rn""-," -,-';"""',,'S-'?"O' "',--~;:-]-;,I-"~-'" "-,"','-,-'_" ,'~_' r-,'~-' - - " ';,.'~~C_':~_:T~,',,:"-' ::-r:Yc:'-,:;--" -_.-: ~~ ~<- . ," ~ '-. " _'f .iM~~-Illliil!ffilJ.jUMliilMl.~~~iht",j;@,IDf"~"~1>!im.1iioe-iif@illlti~~'J!II1!_>ii-Aifi~il: ,';'-.;c,;",>>",,',.__c"_i_~";]:o.:__~,,' ~ ,~-.:. ,,:,,_ __~Oi.;__-_-' -":('" ~-:..~~<"",:~'--'- _,e --"b,<'_','"',, '<-";,;,;",,, FILED--OfFICE 0' 'nx: oDnTl-!(WOTAliY ! ,I "._ 1 , _ ~. .. I , ___' ,~ 02 Jmj -7 PM I: 2:1~ CUMBERLi'NiJ COUNTY PENNSYLWNiA . 'IW ~ ~ -{fhXs 10 -7-0;'~ to :, f2lru0 , , .UJll~~,!\II!,l~~~!IJU1'J L~"J!II'.I...c c ,. _, _'~"c C_.cc. '_.__ c ~ ~ '. v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE DIANAE. MATTESON, Plaintiff JOSE ROLANDO PAGUADA CHIRlNOS,: NO.2001-5858 CIVIL TERM Defendant MOTION FOR APPOINTMENT OF MASTER DIANA MATTESON, Plaintiff, moves the court to appoint a master with respect to the following claims: (x) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite () () () () Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The defendant has not appeared in the action. 3. The statutory ground for divorce is 23 P.A.C.S. ~ 3301 (a)(6). 4. The action is not contested. 5. The action does not involve complex issues of law or fact. Date YLiAJ 4 ~'2.- ~~ Meg one Certi Legal Intern ~~~~ ROB T E. RAINS LUCY JOHNSTON-WALSH Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 ~"yo~ __"'_"'_ 0,,-"" '",""_,'_ ',.'~. 0_ ,. "~"-'r-~ "":",,,,:" -~" -',':'~' ,-'~"'"- -r "- ',' ,. ';'-- - i!' .. " CERTIFICATE OF SERVICE I, Megan Malone, hereby certity that on this 6h day of June, 2002, I served a true and correct copy of the Motion for Appointment of Master on Michael J. Hanft, Esq. at 19 Brookwood Avenue, Suite 106, Carlisle, Pennsylvania, 17013, by first class mail, postage prepaid. ~~ Meg alone Certi ed Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 '-_L.,,^ .-'""' 'c;,_,_-;,;. '---.^ ',-"'-1/"''-'_',"'.',..' ~~i'l":;,:: ,,-~,"-, --, - 'O'-,'~ _" -', i , , , ", ,_, 0 ~ ___ _, , ,_ 0, ,.~"'+ =_. _^R,,,,,, ."~~.^, ';'-"""_"O?'_"""~;'" ""~,~~,_ ~ ~-"."".---, - He HH"~""TrlllnllTnrfil iHliliW " c" Q C~1 to 2j- , ~e ,-.. .- ~ . c , ::..::.) , cc, .... .. - n .. , ;,-- , cc ~-l (~ ~:6 .-< =_;:,!I;,__ ,J 0', "~_' ,,~.,,~_"""'''"''''__'f''''' .J~riPj'j ~Jl!~~~~~~~~-f}l'!II'll~JJ!j';!tl!~~" ,,~J~~ "'-'~~F~Ji,,:=,,!~~:: _Wi: FAMILY LAW CLINIC A service to the community by students from The Dickinson School of Law of The Pennsylvania State University The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle. PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 June 21, 2002 E. Robert Elicker, II, Esq. 9 North Hanover Street Carlisle, PA 17013 RE: Matteson v. Chirinos 2001-5858 Dear Mr. Elicker: Plaintiff would like to file all necessary documents in order to obtain a divorce, as there are no longer any financial issues in this case, and the Defendant has been deported. Therefore, this letter is to request that you withdraw your appointment as Master in the above referenced case. A Motion for Appointment of Master was filed June 6, 2002. On the same day a Praecipe to Discontinue Equitable Distribution was also filed. If you have any questions or concerns, please feel free to contact me at 243-2968. Thank you for your cooperation in this matter. Sincerely, !/ttfvz f/t&nt Megan Malone Certified Legal Intern cc: Diana Matteson Michael Hanft PENNSrATE .. The Dickinson School of Law An Equal Opportunity University : ~'L;_"'t'c,""'''~ "'~"" ,_ ~ ~ ,'''C--" I ,,< C__, ,',' . (1C vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 01-5858 DIANA E. MATTESON, Plaintiff JOSE ROLANDO PAGUADA CHIRINOS, : Defendant IN CUSTODY ORDER OF COURT AND NOW, this I~~ day of ~ ' 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Diana E. Matteson, shall have primary physical and sole legal custody of Gabriel Jose Paguada Matteson, born June 19, 1999, which shall include sole care, control and physical custody of the Child. 2. In the event that all legal restrictions on the Father's ability to contact the Child (including, but not limited to, the Protection From Abuse Order and any Deportation restrictions), the Father may Petition the Court for a review of the custody arrangements. The Father shall not have contact with the Child except as specifically provided by Order of this Court. J. }? f()"'fI\\\~ lo...-U cc: Megan Malone and Lucy J ohnston- Walsh, Esquire - Counsel for Mother ....Jose Rolando Paguada Chirinos - Father 7 L~ ~-15'()2 x~",li,Trr -"- ~~ ~" . , i-A"~~.tl0iiL1!iE1'bb,,,,;l"~~t'_'ill't,th!d'" :,.&~~_ijU''-''-''',_':';d','''-,,_,. _.-, ,~",,"-E: """,.",'. ,,~."".uu 11101 I I.. IOU ._>M "" ",;,,,,,,;~;'"'ft'f01it.;,jiil.~...,,d"'"--ii..'j.j~t~1_W~j.~di'iM~~~lliidl!1iJir OF -',F'-. G2MJG! . ():.TiCE . '.IYCjc '~rc RY -._' ',".):/-\; "r '0 i:;ii ji: S2 CUM8::.i':lu"<.~\C") (--(-"J- 'I> l'T\1 ... r- '. ,~... <-.',-) I'\J I I PeNNSYLVANiA ' ,~ .~,",,^,",.," ^ - DIANA E. MATTESON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-5858 CIVIL ACTION LAW JOSE ROLANDO PAGUADA CHIRINOS, : Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Gabriel Jose Paguada Matteson 6/19/99 Mother 2. A Conciliation Conference was held on August 6, 2002, with the following individuals in attendance: The Mother, Diana E. Matteson, with her counsel, Megan Malone and Lucy Johnston- Walsh, Esquire. The Father, Jose Rolando Paguada Chirinos, currently resides in Honduras as he was deported by the United States government on May 9, 2002. .According to the Mother and her counsel, the Father has been permanently denied reentry into the United States. By letter dated February 27, 2002, counsel for the Father at that time, Michael Hanft, Esquire, advised the Family Law Clinic that he was representing the Father in the divorce and custody matter and directed that all communication be addressed to him rather than to the Father. Subsequently, the Clinic was advised that Mr. Hanft was not representing the Father in the custody matter and was not authorized to accept service on the Father's behalf. The Mother's counsel forwarded the Custody Complaint and Notice directly to the Father in Honduras. The Father did not attend the Conference and the Conciliator has received no communications on his behalf. 3. It should be noted that on October 10, 2001, this Court entered a Protective Order prohibiting the Father from contacting the Mother and Child by any means through April 1 0, 2003. 4. The Mother stated at the Conference that the parties separated on October 3, 2001 after an incident in which the Father threatened her with a machete. According to the Mother, the Father was convicted of terroristic threats, disorderly conduct and other related offenses and was incarcerated as a result. The Mother's counsel indicated that the Father was reqnired to return to Honduras by permanent Administrative Deportation order. The Mother filed this Petition for primary physical and sole legal custody of the Child. \;.u., ",. -' 1 ~ -" ~,~. ..., 'c I' ~ " -- 1< .~.~ ~" .c 5. Based on the representations made by the Mother and her counsel at the Conference, the Conciliator recommends an Order in the form as attached. t4-v~4.Ul r 7,' ,}rJOo f)~ Dawn S. Sunday, Esquire Custody Conciliator Date O.'-;m;t e. ~.. ~ r, -"r .. .,~ . ~ IO/)IDr:~ DIANA E. MATTESON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. PLAINTIFF'S PRE-HEARING STATEMENT NOW, comes the Plaintiff, Diana E. Matteson, by her attorneys, the Family Law Clinic, and presents the following pre-trial statement: The Plaintiff is Diana E. Matteson ("Wife"), and the Defendant is Jose Chirinos ("Husband"). The grounds for divorce in this matter are g330l(c)(d) and (a)(6). The issue before this court is establishing the grounds to prove indignities, pursuant to g330l(a)(6). Other facts important to this matter: The parties were married on July 19,2000, in Carlisle, Cumberland County, Pennsylvania. The parties have one child, Gabriel Jose Paguada Matteson, who was born on June 19, 1999. The parties have lived separate and apart since October 3,2001. Husband is currently living in Honduras after conviction as a felon and administrative deportation by the Immigration and Naturalization Services (INS) from the United States in May of 2002. Husband is prohibited (by the INS) from returning to the United States. On October 10, 2001, a fmal Protection from Abuse Order was issued by the Court of Common Pleas of Cumberland County which prevents Husband from having any contact with Wife or their child for 18 months after the issuance ofthe Order. The Order prohibits Husband from possessing, transferring or acquiring any weapons for 18 months after issuance of the Order. On August 15, 2002, a custody order was entered granting Wife primary physical and : :')),; '.~ J,; , _, '"~f-"'.,_ ,>, . <"_> ' . --'d' - ~ ,', ~ . I'.. I sole legal custody of the parties' minor child. Allegations. The following information relates to the indignities claim: 1. Throughout the marriage, Husband continually made reference to the types of violence which are common to his Honduran culture, with the intention of threatening Wife. 2. In June of2001, husband stated to Wife that he was going to buy a gun to "get anyone who made him mad," making it clear that Wife was the person who made him mad. Husband alluded on several occasions to the fact that he could get guns on the black market 3 c During the course of the marriage, Husband told Wife about telephone calls he received from his family in Miami and Honduras telling Husband not to return to Honduras because he had been implicated in a murder in Honduras. 4. Husband demanded sex from Wife constantly during the course of the marriage and attempted to force himself on her on two different occasions. Wife was able to get away both times. 5. Husband accused Wife of infidelity on a weekly basis during the course of the marriage, and threatened to have affairs if Wife would not consent to sexual intercourse. 6. During the course of the marriage, Husband would wake Wife in the middle of the night to berate and yell at her over things that did not make sense to Wife. 7. During the course of the marriage, Husband would often startle Wife and Wife's mother by moving around the house very quietly and sneaking up on them with the intention to cause alarm Husband seemed to fmd great pleasure in startling Wife and Wife's mother. 8 c During the course of the marriage, Husband would call Wife several times during the day to make sure she was at home. Husband would get angry if Wife did not answer the phone and would accuse her of infidelity. r~.~. .,'"" ,,"" ",_,2,,:>.,_';:''',''-'_ ,'N,,' ~ _ I" --., -7" ;~" 9c In May 2001, Husband once told Wife that he had come home four times during the day to look in the window to see what she was doing. 10 c During one summer when Wife worked, Husband harassed one of her co-workers by calling her continually during the day to undermine Wife's efforts at work Husband did not approve of Wife working outside the home. 1 L Husband continually called Wife names in Spanish which mean "whore" or "slut." 12. Husband demonstrated extreme jealousy of any contact Wife had with others, including their son. Wife was forced to cut off relationships with friends and family because of Husband's jealousy of these relationships. 13. Husband once destroyed a videotape by crushing it with his hands in front of Wife and their child and told her not to "fuck with" him. 14. On October 3, 2001, Husband did extensive damage to Husband and Wife's car by thrusting a machete through the roof over thirty times. Husband did this intentionally in front of Wife and in a threatening manner to wife. Wife called the police who witnessed Husband's actions and arrested him. 16. Husband threatened Wife that she and their son would never get away from him because they "belonged" to him 17c On three or four different occasions, Husband drove recklessly with Wife and their child in the car because he was angry at Wife. Husband would swerve around the road, drive very fast, follow other cars too closely, and slam on the brakes to stop at the last minutec l8c Husband created an atmosphere of intimidation, fear, and jealousy. Wife often felt like she had no control of what happened in her life, both emotionally and economically. Witnesses: Wife will testify on her own behalf and call no other witnesses. . 'j'r ,""C.,0 '--'~Y:-""')?'~'--:-:J'!~"''''--"- _,' ~_. ~ ., ;'1-" '--''"'. . . . ," Exhibits: a. Exhibit "A", appended hereto, is the Sheriffs return stating that he served the divorce complaint on Jose Chirinos by handing a copy to him on October 11, 2001. b. Exhibit "B", appended hereto, is the October 10,2001 Protection from Abuse final order. c. Exhibit "C", appended hereto, is the August 15, 2002 custody order. d. Exhibit "D", to be provided, is a record of Husband's deportation from the country. Proposed Resolution of the Issue: Ms. Matteson proposes that she be granted a divorce from Mr. Chirinos. Respectfully submitted, (}d~ !2fJOZ Date ' ~~ Meg Malone Certified Legal Intern ~~uJ~ THOMA . LACE ROBERT E. RAINS Supervising Attorneys LUCY JOHNSTON-WALSH Staff Attorney FAMlLY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717243-3968 Counsel for Plaintiff ,"; -,v'~~'-'~"< ". _~-_ -"~ "'- '-':'~ .~- ~, ,"-" , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND: SS. I verify that the statements made in this Pre-Hearing Statement are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date~~ ~V &-~ f!~"~,,,_ ':-\-''',,';--~'''- ,,,,,,-,,.,'..->" ',' ". -'[ ,-~ --, DIANA E. MATTESON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTlON -LAW : IN DIVORCE JOSE ROLANDO PAGUADA CIDRINOS, Defendant : NO. 2001-5858 CIVIL TERM CERTIFICATE OF SERVICE I, Megan Malone, Certified Legal Intern, Family Law Clinic, do hereby certify that I have served a true and correct copy of Plaintiffs Pre-Hearing Statement on the following by placing a copy of the same in the United States mail, first class, postage pre-paid on this the [lIst day of October, 2002. Michael 1. Hanft, Esq. 19 BrookwoodAvenue Suite 106 Carlisle, PA 17013-9142 Date ~1i1ttv { 2 t50 2 ~)~ Meg alone Certified Legal Intern . J~,_,_ 'C . ~ "\ _ _~ _,<__-;-''''~_ 0' -)~-"_""(h'~"_;--_ 'I' ., 'n' ,'_' .~ _0' ",' .'_ ,.C"-._:.,,_- SHERIFF'S RETURN - REGULAR CASE NO: 2001-05858 ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATTESON DIANA E Exhibit II VS CHIRINOS JOSE ROLANDO PAGUADA DAVID MCKl:NNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon CHIRINOS JOSE ROLANDO PAGUADA the DEFENDANT , at 1450:00 HOURS, on the 11th day of October ,2001 at 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to JOSE ROLANDO PAGUADA CHIRINOS a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.25 .00 10.00 .00 31.25 .~~~ R. Thomas Kline 10/11/2001 FAMILY LAW day of By: r!fffln4 ~:f~~ Deputy Sheriff ~ Sworn and Subscribed to before me this A.D. Prothonotary i',:~.1'rrP'J!1 _.~. ~ .~," A~ DIANA E. MATTESON, individually, and on behalf of her minor child, GABRIEL JOSE PAGUADA MATTESON, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN PROTECTION FROM ABUSE v. ExhIbIt e JOSE ROLANDO PAGUADA CHIRINOS,: Defendant : NO. 01-5815 CIVIL TERM FINAL ORDER OF COURT BY CONSENT Defendant's Name: Jose Rolando Paguada Chirinos Defendant's Date of Birth: December 3, 1955 Defendant's Social Security Number: 162-80-4301 Names of All Protected Persons, including Plaintiff and any minor children: Diana E. Matteson and Gabriel Jose Paguada Matteson AND NOW, this } D f~ day of October, 2001, the Court having jurisdiction over the . parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to the consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following Order will be entered: Plaintiff s request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, or threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is evicted and excluded from the residence at 117 Wyncote Court, Mechanicsburg, P A 17055, or any other permanent or temporary residence where Plaintiff or any other protected person may live. Plaintiff is granted exclusive possession of th~ residence. Defendant shall have no right or privilege to enter or be present on the premIses. \---;;:-..,j~~~- ~",__ 1 ~-!~ mil ~~ 3. Defendant shall not contact Plaintiff or any other protected person by telephone or by any other means, including third persons. 4. Defendant is prohibited from possessing, transferring or acquiring any weapons for the duration of this Order. 5. Defendant understands this document as it is written in English, and does not require a version in Spanish. 6. All fees and costs are waived. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency ~pecified hereafter: Upper Allen Police Department THIS ORDER SUPERCEDES [X] ANY PRIOR PFA ORDER AND [ ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. All provisions of this order shall expire in eighteen months,..QH- 401l)lJ, ;(aJ3 . I 'Fi"'I'~_, . _"_.,..,,~,,- , ,,- - " - ~~- i "'r. r ~~..,,"-, ~ NOTICE TO THE DEFENDANT VIOLATION OF TIllS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WillCR IS PUNISHABLE BY A FINE OF UP TO $1000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 12 Pa.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. TillS ORDER IS. ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.c. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TillS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT; .18U.S.C.~~2261~2262. IF PARAGRAPH 12 OF TillS ORDERHAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. ~~_)ri ~_ ~ ,- .i " " . , ~ < II!l'lIJIlIII!I , ."~~ ~~~. ~, /.p~,-~, ,~~ NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this Order occurs OR where the defendant may be located. If defendant violated Paragraphs 1 through 4 of this Order an arrest may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. DaLe- BY THE COURT: l)l~o ~,fft~ George . Hoffer, . This Ord r is entered pursuant to the consent of Plaintiff and Defendant: 10sePaguaclii os, Defe dant V. Michelle LAnd . on Certified Legal ntem for Plaintiff ~~7-L A/ THOMAS M. PLACE v ROBERT E. RAINS TERI L HENNING Supervising Attomeys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 TRUE COP'! FROM RECORD m TastImooy wt;~. i ~e uilto set my hane and too _ Gf si.tid Court at Carlisle. Pa. Th~~~~~~~_ ProthO!1 3rv . --'f'r-oWLl ,~~ c, ~ ~ r' "r ""~", ....,...,. ,.,,,,~'~ ~-~-r-!--l'r" -~,p~~.r ,'~~ DlAc'JA E. MA TTESON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ys. 01-5858 CIVIL ACTION LAW JOSE ROLANDO PAGUADA CHIRINOS, : Defendant IN CUSTODY ExhIbit (. ORDER OF COURT AND NOW, this l.s~ day of ~ ' 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Mother, Diana E. Matteson, shall have primary physical and sole legal custody of Gabriel Jose Paguada Matteson, born June 19, 1999, which shall include sole care, control and physical custody of the Child. 2. In the event that all legal restrictions on the Father's ability to contact the Child (including, but not limited to, the Protection From Abuse Order and any Deportation restrictions), the Father may Petition the Court for a review of the custody arrangements. The Father shall not have contact with the Child except as specifically provided by Order of this Court. J. .~' ! 'I I I cc: Megan Malone and Lucy Johnston-Walsh, Esquire - Counsel for Mother Jose Rolando Paguada Chirinos - Father ,. :,:. I I I :d ';" "' ~"" ..- - ~-, r" '''~.~, ~ I'~ ! ~. .j !:";"fh~!;;",,,. ,~. DIANE E. MATTESON : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. JOSE ROLANDO PAGUADA CHIRIN9~O. 01 - 5858 : IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Diane E. Matteson Lucy Johnston-Walsh , Plaintiff , Counsel for Plaintiff Jose Rolando Paguada Chirinos , Defendant , Counsel for Defendant * You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 3rd day of October 2002 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. George E. Hoffer, President Judge Date of Order and Notice: 7/25/02 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 * TESTIMONY WILL BE LIMITED TO GROUNDS FOR DIVORCE OF INDIGNITIES TO THE PERSON cc: Michael J. Hanft, Esquire ~: - '<", ,- , ~.' I ~ ~~ OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer Office Manager/Reporter West Shore 697-0371 Ex\. 6535 September 27, 2002 Megan Malone Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013-2899 RE: Diane Matteson vs. Jose Rolando Paguada Chirinos No. 01 - 5858 Civil In Divorce Dear Ms. Malone: On Thursday, October 3, 2002, at 9:00 a.m. we are having an indignities hearing in the above captioned proceedings inasmuch as we cannot get the consent of the Defendant and the parties have not been separated for a period in excess of two years. My recollection is that the separation occurred in October 2001 so you would have to wait another year before you could use a (d) affidavit. I recently had an indignities hearing on another case in my office and I am enclosing a copy of the report which will give us a format for proceeding on your case. I would suggest that perhaps you develop the testimony around what is outlined in the report relating to address, separation, age, children, etc. I will particularly need to have testimony regarding service of the complaint and notice of the hearing. I understand Mr. Hanft is coming and he can hopefully, as counsel for the Defendant, acknowledge receipt of service and notice of the proceedings. There is no need to make this case unduly complicated assuming you have appropriate testimony regarding the claim of indignities dealing ;'! Sf' """" ~'-,~Jc~''''~-\ '". '"', -'.-.;Y_"--',-~, -'?,,~'r ~-,-- .'- ,- '<-,""'''''<-''<-, ~ ----~- -~, .< , i I i :'!, 'j , cl 1 ,I 1 ',! i I I "I , .1 '! !1\\:~_,-'O -. , . Megan Malone, Certified Legal Intern 27 September 2002 Page 2 with husband's conduct and your client's innocent and injured spouse status. I want to be able to do the report quickly so that this matter can get finalized as I do not expect we will be getting any exceptions filed. We need, however, to make certain that we have followed the jurisdictional and notice requirements and that, of course, we have the necessary facts in order to support an indignities claim. Very truly yours, E. Robert Elicker, II Divorce Master Enclosure: (copy of indignities report) "I ,,-, -n .' -, r'~ - ,<, - ~. ~ivill?j?tJ0-%):\ik"'jl~iV:'~~c\!;~~iQf"\:lf~&t":Z';'M\VMr{]1;.~.;Dt,'1'6:~SSt~:;t~;;'J'1T~~'1,1~ ';, ,:, .. CD .. III III ::& CD"'", .. "'.- w ~ e .. (/J- '" o > > ~- .- Q) 6i' Q>e o e _em 0"'0.. :c CD.<::oi Ut:Cii .- 0.- :::215 0",0 '" ~ o r-- ~ i\ ,,!,,'.- .~~Zfj~F';','~f;f(ift31M;1;-J~tif;fl2tifiE'V~}~& LO LO o t- ...... 1-0:1: Zo:::o... O:J - (/) 0 00::: wO I-w:J I-I-CO <CO(/) :2:00 'zz Wco:1: WS:r: ~t-&3 0;::2: ~ - DIANA E. MATTESON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE JOSE ROLANDO PAGUADA CHIRINOS,: Defendant NO. 2001-5858 CIVIL TERM ORDER APPOINTING MASTER AND NOW, this 7 t<<-day of ~, 2002, appointed master with respect to the following claims: Divorce I e ~ Ck/4-Esquire, is p. '''''"'~'~'.~,P' "" "". "-, . I ~!.. _0-'. ~\( " ~~ c:'- "_'.... ~. \ r- b ~--;. i..... 'I,.~=-.. I"i. "'\ () r.... (I; ..io-- r.~t r.. ~\'I ;:p " ~, .." .... .~~ -" ""'., :::;:,.- , ~, "-- '""'<, ,.;~--; -""-~~~, r" ~- \ ~ I.~ r---- ~ f~- .J<r,,,, --- -- <:::'~\ _c " ""'" ~ ~ ~ c.~ ? N- r,~ ('=-< .. - , ~- ~" i\"} ,~) t~. -.- f \.AJ ~\ _\ c".c. I.'- " ',,;I ~"'__ '::J (~ ~. ~:S\ ("f , ...,..,.......... ('.-, . 'c\ \, ~n ~ n n t::: ~ E; () ~ .." ~ ~ ~~ ,=," >; """J fi'~-.....oo ~gii: -r;0~!:: ~ if s.: >,< 'Z ',":, -" i:..... _ 'JJ ~ "<t '''iJ (;~ " ">;"~.- ~r~:;~*\