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HomeMy WebLinkAbout07-4545 ANDRES GALEANO, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA /~ NO. 07 - ~IS~! ~' l.~ vc-~~ AZURE DEE GALEANO, Defendant CIVIL ACTION -LAW CUSTODYNISITATION COMPLAINT FOR CUSTODY 1. The Plaintiff is Andres Galeano, residing at 325 Liberty Ct., Mechanicsburg, Cumberland County, PA 17050. 2. The Defendant is Azure Dee Galeano, residing at 555 Allison Dr., Apt. 14, Hummelstown, Dauphin County PA 17036. 3. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE DOB Kerry Grace Galeano 325 Liberty Ct. Mechanicsburg PA 17050 9 8/14/97 Abigail Leigh Galeano 325 Liberty Ct. Mechanicsburg PA 17050 6 10/17/00 Zachary Reed Galeano 325 Liberty Ct., Mechanicsburg PA 17050 1 8/30/05 The child, Kerry, was born out of wedlock. The children, Abigail and Zachary, were not born out of wedlock. The children are presently in the custody of Plaintiff/Father, who resides at 325 Liberty Ct., Mechanicsburg PA 17050. During the past five (5) years, the children have resided with the following persons and at the following addresses: NAME RESIDENCE DATE Plaintiff and Defendant 100 Rubendall Dr 7/27/02- Liverpool PA 17045 8/6/04 r Plaintiff and Defendant Plaintiff and Defendant Plaintiff 915 Scottish Ct. Mechanicsburg 8/6/04- 17050 4/1 /05 401 Independence Ct. 4/1/05- Mechanicsburg PA 17050 7/25/07 325 Liberty Ct., Mechanicsburg 7/25/07 - 17050 present The mother of the children is Defendant, currently residing at 555 Allison Dr., Apt. 14, Hummelstown, Dauphin County PA 17036. She is married to the Plaintiff. The father of the children is Plaintiff, currently residing at 325 Liberty Ct., Mechanicsburg PA 17050. He is married to the Defendant. 4. The relationship of the Plaintiff to the children is that of father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Kerry, Abigail and Zachary Galeano subject children 5. The relationship of the Defendant to the children is that of mother. The Defendant currently resides with the following persons: NAME Donna Umholtz Defendant's mother 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children RELATIONSHIP 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 children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Mother has recently been the subject of a Cumberland County Children and Youth Services investigation and is also subject to a Safety Plan instituted by said agency on or about June 18, 2007. B. Mother is currently charged with violation of Title 18, Section 4304(A1) of the Pennsylvania Consolidated Statutes -Endangering Welfare of Children. C. Mother has evidenced a pattern of abuse of prescription drugs, and, since June, 2007, has been admitted into a rehabilitation treatment center two times. D. On or about July 18, 2007, Mother was discovered in a comatose state and was admitted to the Hershey Medical Center and the following day, admitted to Roxbury Psychiatric Unit after being determined to be a threat to her own physical wellbeing. a ~ E. Father has a strong family support network in the immediate area, including parents and siblings. F. It is believed and therefore averred that at the present time, it is necessary for Mother's contact with the children to be supervised. 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 a party to this action. WHEREFORE, Plaintiff requests the Court to grant him primary physical custody of the children and to further grant Defendant partial periods of custody on a supervised basis. Respectfully submitted, Date: `7 2^7 ~ ^7 FRI J .King, Esquire 6 N. Second Street nthouse Suite P.O. Box 984 Harrisburg PA 17108 (717) 236-8000 Attorney for Plaintiff JFK:mys VERIFICATION I, Andres Galeano, hereby acki iowledge that I am the Plaintifi in the: foregoing action; that I have read the foregvi ig Complaint for Custod?/ and the f~~cts stated therein are true and correct to the bey t of my knowledge, infvrrr~atio~•i and I~efief. I understand that any false stai ements herein are made ~>ubjr: ct to penalties of 18 Pe. C.S. Section 4904, relatii ig to unsworn falsification to a~rlhorities. ~• i .tea d~'~~~ ~~i~/ V ~~ Anc res Galeano Dated: ~ ~ ~ ~~ ~ ~ ~ ~' ~ # ib ' .' ;, . 8 f. r. ~ ~~ r_F~, h.:' (~ W ~ '~. ( ~ ~ . . ~ W o O iA ..-. t31 c~ r-' W "'t7 4? c.n N `v ;[j i ANDRES GALEANO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AZURE DEE GALEANO DEFF..,NDANT • 07-4545 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, August 03, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main_Street, Mechanicsburg, PA 17055 on Tuesday, September 04, 2007 at 10:30 AM tar aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and. to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street. Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 7~~ ~~- ~~ ~~~~~ S ~t ~ I I ~~ 9- ~Il~ EQQZ 1~~1C~~u~i1,~;;~a ~Nl ~d ~~I~~~-a~ll~ ANDRES GALEANO, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07-4545 AZURE DEE GALEANO, :CIVIL ACTION -LAW Defendant : CUSTODYNISITATiON PRAECIPE Kindly make the attached certified mail receipt a part of the record, indicating that Defendant accepted service of the Complaint for Custody on August 9, 2007. FRIEDM KING, P.C. ~ r ~/ J n F. King, 0 N. Secon Street Penthouse Sui P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 ^ Cgnplete itstns 1, 2, and 3.-Also complete item 4 K Restricted DeBve•'Y Is destnjd. ~° ^ Ao«+t ^ Mdi~a ^ Print your trams ~d address ~ the reWerse so that we can re1:um the card to you. by { Prhrced Name) C. Date of DNfwry ^ Attach this card to the back of the rrtailpiece, ^ Yee or on the front H space pem-its• deilvery eddese o 1. Ardda Add~eed to. H YE3, enter delhlery ~ r ~~} Y ~ ~ i ~ ~ Z L7 R~ ~E~ ~~~~~o . , . 6 ' :.~. ~ /p ~oNN~ UM~oL T Z ,~ . . ~S"1" ~~~trar~ ~R ~nTCy , , 3. Service type ..: ~" o,,~~ p t..)~ M ~ L f ~ w r} 1 ~ 1 ~D 3~ ^ Irreured Mail O C.O.D. Re~ea n~ (~ tea) a . ~ A~Nu",ber 7DD6 D3rDD DDD5 1D4D 2662 hom arKw Mt+~ ts+o pS Form 3811, February 2004 °0e"~ ~' t`"n ~ - . `~ rt 4.._. ~a p ~ NDV 212DD1 ~/~ ANDRES GALEANO Plaintiff vs. AZURE DEE GALEANO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4545 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW this ~ 7d•` da of ~ Y ~ , 200_( upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Andres Galeano, and the Mother, Azure Dee Galeano, shall have shared legal custody of Kerry G. Galeano, born August 14, 1997, Abigail L. Galeano, born October 17, 2000, and Zachary R. Galeano, born August 30, 2005. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward 'obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Father shall have primary physical custody of the Children. 3. The Mother shall have partial physical custody of the Children at a minimum during one (1) evening per week and one (1) weekend day each week, with the specific times to be arranged by agreement between the parties. Pending further Order of Court or agreement of the parties, the Mother's periods of custody with the Children shall be supervised by either the Father or another adult selected by agreement between the parties. Within the context of the supervision requirement, the parties shall cooperate in making arrangements for the Mother to have three (3) hours per week with the Children outside the Father's residence (on the condition that the Mother is not under the influence of prohibited substances) for which the Father may be present, but not in the immediate vicinity of the Mother and the Children. The Father shall be responsible to transport the Children for periods of r custody outside the Father's residence and the Mother shall provide transportation for herself for periods of custody at the Father's residence. The parties agree that, to the extent possible, the Father shall make a reasonable effort not to be in the immediate presence of the Mother as much as possible when she is spending time with the Children. 4. The parties agree to cooperate in making arrangements to maximize the Mother's time with the Children on holidays. 5. The parties shall cooperate in discussing and establishing consistency for the Children on disciplinary and other parenting issues. 6. Within six (6) months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary, to address issues concerning the supervision requirement and expansion of the Mother's periods of custody with the Children. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. B HE COURT, J. cc: ~ohn F. King, Esquire -Counsel for Father ~IGlark F. Bayley, Esquire -Counsel for Mother ~ ~ ~~ ~. ~~i ~.. ,2~ r, c~- ~.~ 4 ~ "t+ ~~1 •F{\CG l L 1 ~i~;W R t .. ANDRES GALEANO Plaintiff vs. AZURE DEE GALEANO Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4545 CIVIL ACTION LAW : 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 Children who are the subjects of this litigation is as follows: DATE OF BIRTH CURRENTLY IN CUSTODY OF Kerry G. Galeano August 14, 1997 Father Abigail L. Galeano October 17, 2000 Father Zachary R. Galeano August 30, 2005 Father 2. A custody conciliation conference was held on November 19, 2007, with the following individuals in attendance: the Father, Andres Galeano, with his counsel, John F. King, Esquire, and the Mother, Azure Dee Galeano, with her counsel, Mark F. Bayley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator ANDRES GALEANO, Plaintiff v. AZURE DEE GALEANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4545 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Petitioner, Azure Galeano, by and through her attorney, Mark F. Bayley, Esquire, and in support of the within petition avers as follows: 1. Azure Galeano, Petitioner, (hereinafter referred to as "Mother"), is the Defendant in the above caption-matter, and is an adult currently residing at 576 Sweet Bay Way, Hershey, PA 17033. 2. Andres Galeano, Respondent, (hereinafter referred to as "Father"), is the Plaintiff in the above-captioned matter, and is an adult currently residing at 401 Independence Ct., Mechanicsburg, PA 17055. 3. The parties are the natural parents of: Kerry G. Galeano (date of birth 8/14/1997). Abigail L. Galeano (date of birth 10/17/2000) Zachary R. Galeano (8/30/2005). 4. Following conciliation with Dawn Sunday, Esquire, a previous stipulated Order was entered on November 27, 2007 (a copy is attached as Exhibit "A"). 5. Based upon Mother's progress with regard to recovery from a prescription medication addiction, she is now interested in having expanded times with the children and is requesting that the current order be modified as agreed upon by the parties or otherwise determined by the Court to be in the best interests of the children. WHEREFORE, Petitioner requests this Honorable Court to schedule a custody conciliation conference. Date: ~ ~ ~ ~ ~~ Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717)241-2446 Supreme Court ID # 87663 ANDRES GALEANO, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07-4545 CIVIL TERM AZURE DEE GALEANO, : CIVII. ACTION -LAW Defendant IN CUSTODY ATTORNEY VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Defendant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~' ~ ~ - ~ ~~ Mark F. Bayley, Esquir ANDRES GALEANO, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07-4545 CIVIL TERM AZURE DEE GALEANO, :CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Cazlisle, Pennsylvania, addressed as follows: John F. King, Esquire FRIEDMAN & KING, P.C. 600 N. 2nd Street, Fifth Floor P.O. Box 984 Harrisburg, PA 17108 ~,~-~~ Mark F. Bayley, Esquire C"~ ~ C7 C~ 2 c ~ "+~ _ ~~ ~ ' ~ i~ G ) p~ ( C' ~° C, ' ..~ . ~ ~ ` O :~ Cam:. tv ....~ °~ ~ ~ CJl 4 ~ ~ ~. ANDRES GALEANO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-4545 CIVIL ACTION LAW AZURE DEE GALEANO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, August 11, 2008 ,upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 16, 2008 at 8:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and. to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must. attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~~ - ~~~.;,,z ,.~, .,-,~' `~~ ,~~, ZE ~Z ~~ ~ ~ ~[i~ $~OZ /4tJ, r i 3~~~~~r{j~~~ ..~ OCT ~ 71008(, ANDRES GALEANO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-4545 CIVIL ACTION LAW AZURE DEE GALEANO Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~~ ~ day of ~ 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated November 27, 2007 is vacated and replaced with this Order. 2. The Father, Andres Galeano, and the Mother, Azure Galeano, shall have shared legal custody of Kerry G. Galeano, born August 14, 1997, Abigail L. Galeano, born October 17, 2000, and Zachary R. Galeano, born August 30, 2005. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with. a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Father shall have primary physical custody of the Children. 4. The Mother shall have partial custody of the Children every Tuesday from 6:00 p.m. until 8:30 p.m. during which time the Mother shall take the Children to dinner. In addition, the Mother shall have custody of the Children every Sunday from 9:30 a.m. until 3:30 p.m., which shall take place at the Mother's residence when she moves to central Pennsylvania or at the Father's residence, with the Father giving the Mother an opportunity to spend time alone with the Children by removing himself from the residence or at least the immediate vicinity during the Mother's custodial period. ~~ r 5. In the event the Mother needs to cancel a period of custody under this Order, the parties shall cooperate in rescheduling the missed period as soon as possible as their schedules permit. 6. The parties agree that the Mother will not be accompanied by a third party for her periods of custody at the Father's residence unless otherwise agreed between the parties. 7. The parties shall share having custody of the Children over holidays in 2008 as follows: A. Thanksgiving: The Mother shall have custody of the Children on Thanksgiving Day in 2008 from 9:30 a.m. until 1:00 p.m. B. Christmas: In 2008, the Mother shall have custody of the Children on Christmas Day from 12:00 noon until 9:00 p.m. C. The Mother shall exercise her periods of custody with the Children under this provision at either the Mother's residence, if she has attained a separate residence in the local area by the holiday or, if not, at the Father's residence for which the Father shall remove himself from the immediate vicinity so that the Mother has time alone with the Children. 8. The Mother shall be entitled to contact the Children by telephone between 7:30 p.m. and 8:30 p.m. daily on the Father's cell phone. This provision is not intended to restrict the Mother's ability to call Kerry's cell phone. 9. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, February 10, 2009 at 1:00 p.m. for the purpose of reviewing the custodial arrangements following resolution of the Mother's medical issues and living arrangements. 10. The parties shall cooperate in discussing and establishing consistency for the Children on disciplinary and other parenting issues. 11. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 12. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY TH T, Edward E. Guido J. cc: John F. King, Esquire -Counsel for Father Mark F. Bayley, Esquire -Counsel for Mother ~-~ ~~L~~~- ~rO~~ °~~~Uq '7```- (j f~~! ~~~.h,ln Jl:.ib~~ (i~ Q~ ~~~~ ~~~ ~~ ~~~ ~~~Z :~ ~., ., . ANDRES GALEANO Plaintiff vs. AZURE DEE GALEANO Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-4545 CIVIL ACTION LAW 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kerry G. Galeano August 14, 1997 Father Abigail L. Galeano October 17, 2000 Father Zachary R. Galeano August 30, 2005 Father 2. A custody conciliation conference was held on October 22, 2008, with the following individuals in attendance: the Father, Andres Galeano, with his counsel, John F. King, Esquire, and the Mother, Azure Dee Galeano, with her counsel, Mark F. Bayley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~~s ~ 3 ~~~v d'" Date Dawn S. Sunday, Esquire Custody Conciliator ANDRES GALEANO Plaintiff vs. AZURE DEE GALEANO Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-4545 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~~'~ day of ~~ 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court shall continue in effect. 2. The Mother may file a Petition with this Court in the event she relocates to Pennsylvania and seeks a review or modification of the existing custodial arrangements Edward E. Guido cc: '' John F. King, Es wire -Counsel for Father q .Mark F. Bayley, Esquire -Counsel for Mother ~o t Q.S m~ ~ t~ .~~~ ~1~g J. ~~' l t`v ~;~~i.~~ ~~~ ~ 8 f =~ fed L f ~~f~ 6QUZ J~ki'di~1u~.llv~sd ~~ ~0 ~~I~,~~•~~"11~ Mark F. Bayley, Esquire 17 West South Street Carlisle PA 17013 John F. King, Esquire 3820 Mazket Street Camp Hill PA 17011 M~~ ? o z€~~s~, ANDRES GALEANO Plaintiff vs. AZURE DEE GALEANO Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-4545 CIVIL ACTION LAW 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 Children who aze the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kerry G. Galeano August 14, 1997 Father Abigail L. Galeano October 17, 2000 Father Zachary R. Galeano August 30, 2005 Father 2. A follow-up custody conciliation conference was held on March 5, 2009, with the following individuals in attendance: the Father, Andres Galeano, with his counsel, John F. King, Esquire. Neither the Mother, Azure Dee Galeano, nor her counsel, Mark F. Bayley, attended the conference. 3. Initially a custody conciliation conference was held on October 22, 2008, after which an agreed upon Order was entered. A provision was included in the Order scheduling afollow-up conference for the purpose of reviewing the custodial arrangements after the Mother moved back to Pennsylvania from New York and addressed certain medical issues. The follow-up conference was continued from February 10~' to March 5 at the request of the conciliator. On the day before this follow-up conference, the Mother contacted the conciliator to advise that she would not be attending the conference because she was taking care of her boyfriend following foot surgery. The Mother also advised that she was still residing in New York. Due to miscommunications between the attorneys' offices as to the reason for the Mother's unavailability for the conference, an agreement was not reached to reschedule. 4. Based on the fact that the condition for review of the custodial arrangements, i.e. the Mother's relocation to Pennsylvania, and that the Mother does not have a plan to move in the near future, no further Order is recommended by the conciliator at this time. The Mother may file a Petition for Review of the custody schedule at such time as she is ready to proceed. /~e~ a.oo g Date Dawn S. Sunday, Esquire Custody Conciliator cc: John F. King, Esquire -Counsel for Father Mark F. Bayley, Esquire -Counsel for Mother ANDRES GALEANO, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007 - 4545 CIVIL TERM 77 AZURE DEE GALEANO, CIVIL ACTION - LAW_ „-_ DEFENDANT IN CUSTODY= t x! o -n NOTICE TO DEFEND AND CLAIM RIGHTS '2_1 Cn C3 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims4et ` forth in the following pages, you must take action within twenty (20) days after this Petition and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS 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. Court Administrator Fourth Floor Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 ((717) 240-6200 kD? at QYueA 810 , o o ('°) p Ina 153a ?Zd aS'g ANDRES GALEANO, PLAINTIFF VS. AZURE DEE GALEANO, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 4545 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Defendant, AZURE DEE GALEANO, by and through her counsel, Susan Kay Candiello, Esquire, and files this Petition for Modification of Custody Order upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Father") is ANDRES GALEANO, who currently resides at 325 Liberty Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant (hereinafter sometimes referred to as "Mother") is AZURE DEE GALEANO, who currently resides at 108 South 16th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Defendant seeks Shared Legal and Shared Physical Custody of the following child: Name Present Residence Date of Birth KERRY GRACE GALEANO 325 Liberty Court August 14, 1997 Mechanicsburg, PA ABIGAIL LEIGH GALEANO 325 Liberty Court October 17, 2000 Mechanicsburg, PA ZACHARY REED GALEANO 325 Liberty Court August 30, 2005 Mechanicsburg, PA 4. The children were born during the parties' marriage. 5. During the past five (5) years the children have resided with the following persons at various times, at the following addresses: PERSONS ADDRESS DATES Plaintiff and Defendant Mechanicsburg, PA 2006 to 2007 Plaintiff Mechanicsburg, PA 2007 to Present 6. The mother of the children is Defendant whose current address is 108 South 16th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. Mother does not reside with any additional individuals. 7. Plaintiff and Defendant were married, but are divorced. 8. The Father of the children is Plaintiff, who currently resides at 325 Liberty Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050. It is believed the Paternal Grandmother resides a significant amount of time with Father. 9. The relationship of the Plaintiff to the children is that of natural father. 10. The relationship of the Defendant to the children is that of natural mother. 11. Plaintiff has participated as a party in a prior custody agreement concerning the custody of the child in this court. The court, term and number, and its relationship to this action are as follows: the court was Cumberland County, the docket number is 2007 - 4545, the result was a custody order which is attached hereto and made a part hereof as Exhibit "A". 13. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth at this time. 14. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Father refuses to honor the Shared Legal Custody as stated in the present custody order. Father makes numerous unilateral decisions concerning the children without consulting Mother; B. Father insists the Paternal Grandmother act as the children's alternate care provider. Mother does not agree with this. Further, the minor children do not want to be with the Paternal Grandmother. Mother has requested she be given the time the children are with the Paternal Grandmother and also suggested obtaining another care provider, but Father refuses; C. Mother, had significant physiological problems resulting from the birth of Zachary, which also resulted in an addiction to pain medication. Mother has received treatment for these problems and has resolved these problems; D. Mother has established a stable life style with secure employment, a home and the physical and psychological ability to be fully responsible for the children; E. The Paternal Grandfather is a convicted child sex offender. Father is supposed to limit contact between the children and the Paternal Grandfather and always supervise the children if they are in the presence of the Paternal Grandfather, but, Father does not. Mother has requested Father limit and supervise the children's contact with the Paternal Grandfather. Father ignores Mother and refuses to do this; F. The children are unhappy residing in the home of Father. The Paternal Grandmother is frequently in Father's home and allegedly provides care for the children. Abigail when in Father's home, primarily stays in the bathroom, sits in the bathtub, to do her homework and all her activities. This is her coping mechanism to avoid Father and the Paternal Grandmother; G. There is constant fighting and arguing between Father, the Paternal Grandmother and Kerry about all the issues involving the children; H. Father currently entertains his two girlfriends at his home when the children are present. Mother knows these girlfriends and the activities and actions which they engage in. Mother believes these individuals bring an environment of negative actions to the children, but, Father refuses to keep these individuals out of the environment in which the children are; 1. When Mother attempts to communicate with Father, he never responds. Father will refuse to answer Mother until the time to deal with the issue has passed and/or it is no longer possible to make a decision or make a response to the issue; J. Abby's grades have significantly dropped the 2010-2011 school year; K. The children want very much to be with Mother. L. Mother loves her children deeply and is very concerned about the physical and psychological well being and safety of the children while in the care of Father, Paternal Grandmother and Paternal Grandfather. 16. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Defendant, AZURE DEE GALEANO, requests this Honorable Court grant the Plaintiff, ANDRES GALEANO and the Defendant, AZURE DEE GALEANO, SHARED LEGAL and PHYSICAL CUSTODY of the minor children, KERRY GRACE GALEANO, ABIGAIL LEIGH GALEANO and ZACHARY REED GALEANO Respectfully submitted, LAW FIRM OF SUSAN K " * C ?r LLQ, P.C. Dated: Aprit2:T, 2011 Counsel for Defe PA I.D. # 64998 4010 Glenfinnan Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: L412-7111 ` .. J AVDEEUdO LEANO EXHIBIT "A" ANDRES GALEANO Plaintiff vs. AZURE DEE GALEANO Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-4545 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT .AND NOW this 16)? day of r' L "-? , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court shall continue in effect. 2. The Mother may file a Petition with this Court in the event she relocates to Pennsylvania and seeks a review or modification of the existing custodial arrangements Edward E. Guido J. cc: John F. Icing, Esquire - Counsel for Father Mark F. Bayley, Esquire Counsel for Mother Oft . 800/I00'd 3I0# IV:Zi 110ZILUVO 9299 Z3V LIL MVJNI?I 'd NHOfroad Jai - .? 'IUU ANDIZES GALEANO !N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNISYLVANIA its. 20074545 CIVIL ACTION LAW AZURE DEE GALEANO Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Order. 1. The prior Order of this Court dated November 27, 2007 is vacated and replaced with this 2. The Father, Andres Galeano, and the Mother, Azure Galeano, shall have shared legal custody of Kerry G. Galeano, born August 14, 1997, Abigail L. Galeano, born October 17, 2000, and Zachary R. Galeano, born August 30, 2005_ Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The leather shall have primary physical custody of the Children. 4. The Mother shall have partial custody of the Children every Tuesday from 6:00 p.m. until 8:30 p.m. during which time the Mother shall take the Children to dinner. In addition, the Mother shall have custody of the Children every Sunday from 9:30 a.m. until 3:30 p.m., which shall take place at the Mother's residence when slte moves to central Pennsylvania or at the Father's residence, with the Father giving the Mother an opportunity to spend time alone with the Children by removing himself from the residence or at least the immediate vicinity during the Ivlothcr's custodial period. CL 800/900'd ZI0# 9V:31 II03IL31VO 9399 ZZV LIL MVd 90 'd NHOr:woa? 5. In the event the Mother needs to cancel a period of custody under this Order, the parties shall cooperate in rescheduling the missed period s soon as possible as their schedules permit. 5. The parties agree that the Mother will not be accompanied by a third party for her periods of custody at the Father's residence unless otherwise agreed between the parries. 7. The parties shall share having custody of the Children over holidays in 2008 as follows; A. Thanksgiving: Tne Mother stall have custody of the Children on Thanksgiving pay in 2008 from 9:30 am. until 1:00 p.m. B. Christmas: In 2008, the Mother shall have custody of the Children on Christmas Day from 12:00 noon until 9:00 pain. C. The Mother shall exercise her periods of custody wi4di the Children under this provision at either the Mother's residence, if she has attained a separate residence in the local area by the holiday or, if not, at the Father's residence for which the Father shall remove himself from the immediate vieinity so that the Mother has time alone with the Children. 8. The Mother shall be entitled to contact the Children by telephone between 7:30 p.m. and 8:30 p,m. daily on the Father's cell phone. This provision is not intended to restrict the Mother's ability to call Kerry's cell phone. 9. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, February 10, 2009 at 1:00 p.m. for the purpose of reviewing the custodial arrangements following resolution of the Mother's medical issues and living arrangements. 10. The parties small cooperate in discussing and establishing consistency for the Children on disciplinary and other parenting issues. 11. Neither party shall dry or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 800/900'd ZI0# 0:ZI IIOZIL31VO 9399 ZZti LIL MVa ONI}I "J NHOr:wQad I?. This Order is entered pursuant to an agreernent of the parties at a custody conciliation conference. The pexties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE I Edward E. aaido J. cc: John F. King, Esquire - Counsei for Father Mari` F, Bayley, Esquire - Counsel for Mother n Tes*" wWW, i # arAt set mkt 6-w nd do of Said Court at {W & .1 dj-uuw,. PreRl 'o 800/L00'd 310# LP:ZI IIOZ/0VO 9299 3Ztr !IL MVO ONI}I 'J NHO(XAJ 0 ANDRES GALEANO, : IN THE COURT OF COMMON PLEAS PLAINTIFF, : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007 - 4545 c AZURE DEE GALEANO, CIVIL ACTION -LAW M DEFENDANT, rTI ACTION FOR CUSTODY =M X_ M r PRAECIPE FOR ENTRY OF APPEARANCE =C:; C M _ C=) Please enter my appearance on behalf of the Defendant, AZURE DEE GALEANO. ? y? Respectfully submitted, Dated: April 27, 2011 LAW FIRM OF SUSAN KAY CANDIELLO, P.C. C Susan Kay Can ' o, sqi PA I.D. # 6499 4010 Glenfinnan e Mechanicsburg PA 17055 (717) 724-2278 ANDRES GALEANO PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-4545 CIVIL ACTION LAW T,y ? _-? AZURE DEE GALEANO IN CUSTODY DEFENDANT f-2-- C_' ?40 ORDER OF COURT y AND NOW, Thursday, May 05, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, June 07, 2011 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. (it Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ?? Get ? ? ? /?C?12,f /MAW J Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Ae'. z ANDRES GALEANO VS. Plaintiff AZURE DEE GALEANO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY&AMA e `1 ..:3 3: - 2007-4545 CIVIL ACTION LA)A5. r' va IN CUSTODY =1 `R' ORDER OF COURT AND NOW, this / day of L./Lt/1l? 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 29, 2008 shall continue in effect as modified by this Order. 2. During the summer school break, in every week, the Father shall have custody of the Children from Monday at 6:00 p.m. through Wednesday at 7:00 p.m., the Mother shall have custody from Wednesday at 7:00 p.m. through Friday at 6:00 p.m. and the parties shall alternate having custody of the Children at 6:00 p.m. through Monday at 6:00 p.m. The schedule shall begin with the Father having custody of the Children for the weekend beginning June 10, 2011. The parent receiving custody of the Children shall be responsible to provide transportation for the exchange of custody. 3. The Mother shall have custody of the Children for the July Fourth holiday in 2011 and shall return the Children to the Father, following the fireworks on July Fourth. 4. The parties shall continue to discuss and explore the possibility of enrolling the Children in summer camp during the summer and the Mother shall take the initiative in providing the summer camp information to the Father for consideration. If the Children do not attend summer camp, each parent shall notify the other of his or her arrangements for care for the Children during his or her periods of employment, including contact information for the caregiver. 5. The parties shall make arrangements for the Children to participate in counseling with a professional recommended by the Children's nurse practitioner at the pediatric office at which the Children receive medical care. The parties shall obtain the referral and contact the counselor's office within one week of the conciliation conference to schedule the initial appointment. Any costs of counseling which are not covered by insurance shall be shared by the parties equally. 6. The parties shall continue to discuss and explore the possibility of participating in co- parenting counseling to address issues of concern to each party which have caused and continue to cause conflict and to establish sufficient communication and cooperation to enable the parties to effectively co-parent their Children 7. The parties and counsel shall attend a follow-up custody conciliation conference in the ff f the conciliator Dawn S Sunday on Thursday, August 4, 2011 for the purpose of reviewing o ice o the custodial arrangements and establishing a school year schedule if necessary. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY T OURT, Edward E. Guido J. cc: John F. King, Esquire - Counsel for Father nn?_,,A' ^, ? ? Susan K. Candiello, Esquire - Counsel for Mother l? 1"51" Aa ANDRES GALEANO Plaintiff' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. AZURE DEE GALEANO Defendant Prior Judge: Edward E. Guido 2007-4545 CIVIL ACTION LAW 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kerry Galeano August 14, 1997 Father Abigail Galeano October 17, 2000 Father Zachary Galeano August 30, 2005 Father 2. A custody conciliation conference was held on June 7, 2011, with the following individuals in attendance: the Father, Andres Galeano, with his counsel, John F. King, Esquire, and the Mother, Azure Dee Galeano, with her counsel, Susan K. Candiello, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 2, .2(211 Date Dawn S. Sunday, Esquire Custody Conciliator 3 ANDRES GALEANO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-4545 CIVIL ACTION LAW c-a r- cz3 rrI AZURE DEE GALEANO'Defendant IN CUSTODY C3 ORDER OF COURT AND NOW, this ` day of 2011, upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. The prior Orders of this Court dated June 14, 2011 and October 29, 2008 are vacated and replaced with this Order. 2. The Father, Andres Galeano, and the Mother Azure Dee Galeano, shall have shared legal custody of Kerry Galeano, born August 14, 1997, Abigail Galeano, born October 17, 2000, and Zachary Galeano, born August 30, 2005. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon. as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have physical custody of the Children from August 3 through August 7 at 5:00 p.m. and thereafter, the parties shall share having physical custody of the Children on an alternating weekly basis with the exchange to take place every Sunday at 5:00 p.m. The alternating weekly schedule shall begin with the Father having custody of the Children on August 7, 2011 and shall continue into the school year if the Mother has established her residence in New Cumberland. In the event the Mother has not relocated her residence to New Cumberland by the beginning of the 2011- 2012 school year, the alternating weekly schedule shall be suspended beginning on the weekend before school starts and continuing until the Mother relocates to New Cumberland. During the period of suspension, the Father shall have primary physical custody of the Children and the Mother shall have partial physical custody on alternating weekends from Friday after school until Monday before school, every Tuesday evening during the weeks preceding the Mother's weekends and every Thursday evening preceding the Father's weekends, with the specific times for exchanges to be arranged by agreement between the parties. The alternating weekly schedule shall resume at such time as the Mother relocates to New Cumberland during the school year. 4. The parties shall share having custody of the Children on holidays in accordance with the following schedule: A. Christmas: In every year, the Father shall have custody of the Children from Christmas Eve at 2:00 p.m. through Christmas Day at 9:00 a.m. and the Mother shall have custody from Christmas Day at 9:00 a.m. until December 26 at 12:00 noon. B. Thanksgiving: In every year, the Mother shall have custody of the Children from the Wednesday before Thanksgiving at 3:00 p.m. until Thanksgiving Day at 3:00 p.m. and the Father shall have custody from Thanksgiving Day at 3:00 p.m. through the Friday after Thanksgiving at 3:00 p.m. C. Alternating Holidays: In odd numbered years, the Father shall have custody of the Children on Memorial Day and Labor Day and the Mother shall have custody on Easter and July Fourth. In even numbered years, the Mother shall have custody of the Children on Memorial Day and Labor Day and the Father shall have custody on Easter and July Fourth. The periods of custody under this provision shall run from 9:00 a.m. until 5:00 p.m. on the day of the holiday with the exception of July Fourth which shall continue until after the fireworks. D. Mother's Day/Father's Da X: In every year, the Mother shall have custody of the Children for Mother's Day and the Father shall have custody for Father's Day from Saturday at 5:00 p.m. through Sunday at 5:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each parent shall be entitled to have up to two nonconsecutive weeks of vacation custody each summer upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on the selection of his or her vacation dates. 6. The parents shall make arrangements for the Children to continue in counseling with Pat Moore and the parties shall alternate taking the Children to the counseling appointments. 7. The non-custodial parent shall be entitled to contact the other parent's cell phone to speak with the Children one time each day with the telephone call to be initiated between 7:30 p.m. and 8:30 p.m. This provision is not intended to limit either parent's ability to contact the Children on the Children's cell phones. 8. All adjustments to the custody schedule shall be confirmed in writing, which may include email or text message. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY T COURT, Edward E. Guido J. cc: 'John F. King, Esquire - Counsel for Father AA „ (,,,.1 ./Susan K. Candiello, Esquire - Counsel for Mother 00pies ANDRES GALEANO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2007-4545 CIVIL ACTION LAW AZURE DEE GALEANO Defendant IN CUSTODY Prior Judge: Edward E. Guido 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kerry Galeano August 14, 1997 Father/Mother Abigail Galeano October 17, 2000 Father Zachary Galeano August 30, 2005 Father/Mother 2. A custody conciliation conference was held on August 2, 2011, with the following individuals in attendance: the Father, Andres Galeano, with his counsel, John F. King, Esquire, and the Mother, Azure Dee Galeano, with her counsel, Susan K. Candiello, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator ANDRES GALLEANO Plaintiff vs. AZURE DEE GALLEANO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-4545 CIVIL ACTION LAW IN CUSTODY ORDER err' ._, r ' r- ? C:) 3 ?i G Sy G N ? C? ? rra :=7 AND NOW, this 1st day of November, 2011 , the conciliator, having been advised by counsel for both parties that the Court has resolved this matter through the Special Relief process, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for November 7, 2011 is canceled. FOR THE COURT, 7 Dawn S. Sunday, Esquire Custody Conciliator r? P?A C _r- rr?') C. 3 co FlLED-0FFIG£ L 114F THE PROTNONOTAR ~ 2Oi I NoV 10 PM 3' 30 N PLEAS ANDRES GALEANO, uM RLAND CflU%V THE COURT OF COMMO P@nKNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-4545 v. ~ AZURE DEE GALEANO, CIVIL ACTION - LAW : Defendant CUSTODY/VISITATION Prior Conciliator: Dawn S. Sunday, Esq Prior Ju dge: H o n. E d w a r d E. Guido SUPPLEMENT TO EMERGENCY PETITION FOR SPECIAL RELIEF D NOW comes the Petitioner, Ancu'es Galeano, pursuant to Pa.R.C.P. 1915.13, and AN petitions this Honorable Court as follows: 1 1. The Petitioner is Andres Galeano, Plaintiff, in the above-captioned action, and 0 Father of the subject minor children, with a current address of 325 Liberty Court, ; Mechanicsburg, PA. 2. The Respondent is Azure Dee Galeano, Defendant in the above-captioned action, and Mother of the subject minor children, with a current address of 16 Toad Road, Blain, PA. 3 An Emergency Petition for Special Relief was filed by Plaintiff on October 5, 2011, because of Mother's breach of the then existing Custody Order.. 4. A hearing was held on October 14, 2011, which resulted in an Order suspending Mother's Periods of partial custody, with Sunday afternoon supervised visitation at Father's ~y home.. 5. The Order scheduled a follow up hearing to review Mother's progress in working through her addiction to prescription drugs for January 20, 2012, and progress in being able to x follow the terms of her Custody Order. ^ 6. Petitioner/Father has incurred significant legal fees as a result of Mother's breach ; of the Custody Order, currently totalling $2,182.50. ~ 7. Petitioner/Father will incur additional legal fees as a result of Mother's breach of the Custody Order. 8. Plaintiff seeks an award of Court for payment of attorney fees and costs associated with the bringing of this Petition, from Respondent/Mother to Petitioner/Father. ' 9, The Hon. Edward E. Guido has ruled upon issues in the same or related matters in this case. WHEREFORE, it is respectfully requested that this Honorable Court issue an Order relating to the relief requested in the Petition for Emergency Relief to include payment by Respondent/Mother to Petitioner Father for attorney fees and costs. Dated: , 2011 Respectfully submitted, JOHN F. KING LAW, P.C. C-n-g, Esquire 4F.- ^ ID#61919 ~ t~ 4076 Market Street Camp Hill, PA 17011 (717) 695-2222 ~ ANDRES GALEANO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-4545 AZURE DEE GALEANO, : CIVIL ACTION - LAW Defendant : CUSTODY/VISITATION ,_ STIPULATION FOR CUSTODY` -? ?= - C,C, AND NOW, this day of 2012 come the Plaint t _ , , y,, ANDRES GALEANO (hereinafter referred to as "Father"), and Defendant, AZURE DEE GALEANO (hereinafter referred to as "Mother"), by and through their respective legal counsel, seeking to resolve certain custody matters; and WHEREAS, there is an Order of Court dated August 9, 2011, for Custody of the minor children, Kerry Galeano, born August 14, 1997, Abigail Galeano, born October 17, 2000, and Zachary Galeano, born August 30, 2005, a copy of which is attached hereto as Exhibit A, and NOW, THEREFORE, the parties do hereby STIPULATE and AGREE as follows: W HEREAS, there was an Emergency Petition for Special Relief filed on October 5, 2011, a copy of which is attached hereto as Exhibit B, and WHEREAS, there was an Interim Order issued October 14, 2011, by the Honorable Edward E. Guido, a copy of which is attached hereto as Exhibit C, and WHEREAS, the parties have reached an agreement to resolve all of the issues between them, and All previous Custody Orders are vacated and replaced with the terms contained herein. 2. Father, Andres Galeano, and Mother, Azure Dee Galeano, shall have shared legal custody of Kerry Galeano, born August 14, 1997, Abigail Galeano, born October 17. 2000, and Zachary Galeano, born August 30, 2005. Major decisions concerning the children, including but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each child's best interests. Neither party shall impair the other party's rights to share legal custody of the children. Neither party shall attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any of the emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decision necessitated thereby. However, that parent shall inform the other parent of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mother shall have physical custody of the children on alternating weekends, commencing on Friday at 7:00 PM, and ending on Sunday at 7:00 PM. The transportation for the children on Mother's weekends shall be provided by the parent beginning their period of custody, and such transportation must be provided in a registered, insured vehicle. Mother shall also enjoy physical custody of the children on the Thursday following her weekend, and on the Tuesday prior to her weekend. The Tuesday and Thursday visits shall commence at 5:30 PM and end at 8:30 PM. The children's transportation on Mother's Tuesday and Thursday visitations shall be provided by Mother. 4. The parties may modify the provisions of this Agreement by mutual consent. In the absence of such mutual consent, the terms contained herein shall control. 5. The parties agree that this Stipulation shall be entered as a Court Order. WV-- . King, Esq.,,Attorney for Yndres Galeano Susan K. Candiello, E?fl., Attorney for Azure Dee Galeano 3 ANDRES GALEANO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-4545 CIVIL ACTION LAW AZURE DEE GALEANO Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of At? _, 2011, upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. The prior Orders of this Court dated June 14, 2011 and October 29, 2008 are vacated and replaced with this Order. 2. The Father, Andres Galeano, and the Mother Azure Dee Galeano, shall have shared legal custody of Kerry Galeano, born August 14, 1997, Abigail Galeano, born October 17, 2000, and Zachary Galeano, born August 30, 2005. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accorQancC W; 117 23) rd.C r. S.t1 w. § JV7 x'J )309, GQl.ll t_ aL?' _. Jt110.11 lJl. l.ilLa fli be tiltt?. eu to cV111 mp1ettV o a _ and f;µ11 information from ?JQl1 any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have physical custody of the Children from August 3 through August 7 at 5:00 p.m. and thereafter, the parties shall share having physical custody of the Children on an alternating weekly basis with the exchange to take place every Sunday at 5:00 p.m. The alternating weekly schedule shall begin with the Father having custody of the Children on August 7, 2011 and shall continue into the school year if the Mother has established her residence in New Cumberland. In the event the Mother has not relocated her residence to New Cumberland by the beginning of the 2011- 2012 school y car, the alternating weekly schedule shall be suspended beginning on the weekend before school starts and continuing until the Mother relocates to New Cumberland. During the period of suspension, trio. Father shall have primary physical custody of the Children and the Mother shall have partial physical custody on alternating weekends from Friday after school until. Monday before school, every Tuesday evening during the weeks preceding the Mother's weekends and every Thursday evening preceding the Father's weekends, with the specific times for exchanges to be arranged by agreement between the -parties. The alternating weekly schedule shall resume at such time as the Mother relocates to New Cumberland during the school year. 4. The parties shall share having custody of the Children on holidays in accordance with the following schedule: A. Christmas: In every year, the Father shall have custody of the Children from Christmas Eve at 2:00 p.m. through Christmas Day at 9:00 a.m. and the Mother shall have custody from Christmas Day at 9:00 ,L.m. until December 26 at 12:00 noon. B. Thanksgiving: In every year, the Mother shall have custody of the Children from the Wednesday before Thanksgiving at 3:00 p.m. until Thanksgiving Day at 3:00 p.m. and the Father shall have custody from Thanksgiving Day at 3:00 p.m. through the Friday after Thanksgiving at 3:00 p.m. C. Alternating Holidays: In odd numbered years, the Father shall have custody of the Children on Memorial Day and Labor Day and the Mother shall have custody on Easter and July Fourth. In even numbered years, the Mother shall have custody of the Children on Memorial Day and Labor Day and the Father shall have custody on Easter and July Fourth. The periods of custody under this provision shall run from 9:00 a.m. until 5:00 p.m. on the day of the holiday with the exception of July Fourth which shall continue until after the fireworks. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children for Mother's Day and the Father shall have custody for Father's Day from Saturday at 5:00 p.m. through Sunday at 5:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each parent shall be entitled to have up to two nonconsecutive weeks of vacation custody each summer upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on the selection of his or her vacation dates. 6. The parents shall make arrangements for the Children to continue in counseling with Pat Moore and the parties shall alternate taking the Children to the counseling appointments. 7. The non-custodial parent shall be entitled to contact the other parent's cell phone to speak with the Children one time each day with the telephone call to be initiated between 7:30 p.m. and 8:30 p.m. This provision is not intended to limit either parent's ability to contact the Children on the Children's cell phones. 8. All adjustments to the custody schedule shall be confirmed in writing, which may include email or text message. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. ['he parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY T COURT, Edward E. Guido J. cc: John 1?. King, Esquire - Counsel for Father Susan K. Candiello, Esquire - Counsel for Mother TRUE COPY FROM RECORD M Testimony whereof, I here unto set my hand and the seal of said Coyrt at Caftle, Pa. tnls,, 4 Zd 201/ _ ?. ?_ ANDRES GALEANO vs. AZURE DEF? GALEANO Defendant Prior Judge: 1dward E. Guido IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA. 2007-4545 CIVIL ACTION LANV IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kerry Galeano Abigail Galeano Zachary Galeano August 14, 1997 October 17, 2000 August 30, 2005 Father/Mother Father Father/Mother 2. A custody conciliation conference was held on August 2, 2011, with the following individuals in attendance: the Father, Andres Galeano, with his counsel, John F. King, Esquire, and the Mother, Azure Dee Galeano, with her counsel, Susan K. Candiello, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator ANDRES GALEANO, Plaintiff V. AZURE DEE GALEANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4545 CIVIL ACTION - LAW CUSTODY/VISITATION INTERIM ORDER AND NOW, this day of October. 2011, an Emergency Petition for Special Relief ha,? ing been filed by Plaintiff/Father, pursuant to Pennsylvania Rule of Civil Procedure 1915.13, it is hereby ordered as follows: Father shall enjoy primary physical custody of the minor children, Kerry Galeano (DOB: 8/14/97), Abigail Galeano, (DOB: 10/17/00), and Zachary Galeano (DOB: 8/3105), with supervised visitation by Mother, on the following schedule: a. 'Xednesdav nights from 6:00 pm until 8:00 pm. b.>unday's from 9:00 am until 3:00 pm. Mother shall immediately take the steps necessary to schedule and attend a drug test/evaluation at a licensed testing facility. BY THE COURT: J. Cc: John F. King, Esq., 4076 Market Street, Camp Hill, PA 17011 Swan Candiello, Esq., 4010 Glenfinnan Place, Mechanicsburg, PA 17055 ANDRES GALEANO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PEI\]NSYt Al A V. : NO. 2007-4545' -- AZLRE DEE GALEANO, : CIVIL ACTION - LAW +Defendant : CUSTODY/VISITATION Prior Conciliator: Dawn S. Sunday; Est Prior Judge: Hon. Edward E. Guido EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW comes the Petitioner, Andres Galeano, pursuant to Pa.R.C.P. 1915. 1'. and petitions this Honorable Court as follows: The Petitioner is Andres Galeano, Plaintiff, in the above-captioned action, and Father of the minor children, with a current address of 325 Liberty Court, Mechanicsburg, PA. 2. The Respondent is Azure Dee Galeano, Defendant in the above-captioned action, and Mother of the minor children, with a current address of 16 Toad Road, Blain. PA. 3 The Petition of Plaintiff/Father respectfully represents that on the 9th day of August, 2(1,1 l . an Order of Court was entered for the custody and visitation of the subject minor children. Derry Galeano (DOB: 8/14/97), Abigail Galeano, (DOB: 10/17/00), and Zachary Galeano (DOB: 8/30/05), a true and correct copy of which is attached hereto and marked as Exhibit "A.". 4. 'The current Order allows Mother significant unsupervised visitation, and requires significant driving due to the fact that Mother has failed to relocate to New Cumberland from Blain, as anticipated in the current Order. Father avers as follows: A. Mother has unfortunately suffered from a drug addiction, and has exhibited a pattern of prescription drug abuse since 2007. B. After several extended rehabilitation efforts, and after an extended period of time in which Mother resided outside of the Commonwealth of Pennsylvania, Mother, in 2010. began the process of reintegration into the children's lives. C. On August 2, 2011, at the Custody Conciliation before Dawn Sunday, Esq., Respondent/Mother stated that she was employed, and that she would be relocatinc, to a residence in New Cumberland prior to the start of the 2011/2012 school year. D. It is believed, and therefore averred, that Mother is now unernploy--d, and it is further averred that Mother continues to reside in Blain, Perry County, having moved there from her previous residence in Camp Hill, Cumberland County. E. The children attend school in the Cumberland Valley School District. F. It is believed, and therefore averred, that Mother has once again begun abusing prescription medication. G. While in Mother's custody, and under the terms of the current Order. during the weekend of September 30 to October 2, the children observed Mother in an unconscious state with her hand in a plate of food resting on her lap. H. While in Mother's custody, and under the terms of the current Order. during the weekend of September 30 to October 2, the children observed a prescription drug bottle filled on 9/30/2011, quantity: 20, prescription CARISOPRODEL - 350 mg, patient Azure Galeano, which bottle was empty. Carisoprodel, a muscle relaxant, is the generic version of Soma (a centrally-acting skeletal muscle relaxant), which drug Mother has historically abused. 6. It is believed, and therefore averred, that Mother. having once again begun abusing these prescription drugs, poses a clear and immediate threat to the physical well being of the children. 7. Mother's abuse of prescription drugs have rendered her incapable of safely performing her driving duties. b. Mother's abuse of prescription drugs have caused her to become unable to care for the children while they are in her home. 9. Mother has a historic record of driving with the children in the vehicle under the influence of an abusive level of these medications, and in fact has in the past been found in a comatose state, while behind the wheel of a vehicle, while one or more of the children were in said vehicle. RI Plaintiff/Father believes that it is in the children's immediate best interests for this Honorable Court to suspend Mother's unsupervised visitation, pending an immediate drug evaluation of Mother. 1 1 Plaintiff/Father has filed, concurrent with this filing, a Petition to Modify Custody. 12. The Hon. Edward E. Guido has ruled upon issues in the same or related matters in this case. WHEREFORE, it is respectfully requested that this Court issue an Interim Order granting Father prir.iary physical custody of the minor children, with supervised visits by Mother, pending results of a drug evaluation of Mother. T-%- A 1-11..1-L-_. y ?ni t Llaicu. IlLLVVGI L.V11 Respectfully submitted, JOHN F. KING LAW. P.C. T_ohn F. King, Esquire ID#61919 4076 Market Street Camp Hill. PA 17011 (717) 695-2222 VERIFICATION I, Andres Galeano, hereby acknowledge that I am the Petitioner in the foregoing action; that I have read the foregoing Emergency Petition for Special Relief, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I i_tnderstand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904. relating to unsworn falsification to authorities. Andres Galeano Dated: October ??.? 2011 ANDRES GALEANO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA AZURE DEE' GALEANO Defendant 2007-4545 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT ANfo NOW, this ? day of upon consideration of the attached Custody Conciliation Report, it i ordered and directea. as follows: 1. The prior Orders of this Court dated June 14, 2011 and October 29, 2008 are vacated and replaced wit}_i this Order. ?. The Father, Andres Galeano, and the Mother Azure Dee Galeano, shall have shared legal custody of h;.erry Galeano, born August 14, 1997, Abigail Galeano, born October IT, 2000, and Zachary Galeano, born August 30, 2005. Major decisions concerning the Children. including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal --ustod_y of' the Children. Neither party shall attempt to alienate the affections of the Children fror.r the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to clay decisions shall be the responsibility of the parent then having physical custody. CVith regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to m-.ake any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordancc wlul 23 Pa.C.S.A. '53", each Dully 0i ail vc cn *+Ied tv complete and. full frnm any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as author_zed by statute. 3. The Mother shall have physical custody of the Children from August 3 though August 7 at 5:00 p.m. and thereafter, the parties shall share having physical custody of the Children on an alternating weekly basis with the exchange to take place every Sunday at 5:00 p.m. The alternating weekly schedule shall begin with the Father having custody of the Children on August 7, 2011and shall continue into the school year if the Mother has established her residence in New Cumberland. In the event the J?,iother has not relocated her residence to New Cumberland by the begiruring of the 2011- 2012 school vcar, the alternating weekly schedule shall be suspended beginning on the weekend before school starts and continuing until the Mother relocates to New Cumberland. During the period of suspensinn_ the Father sha_II have primary physical custody of the Children and the Mother shall have partial phys:caI custody on alternating weekends from Friday after school until Monday before school, every Tuesds:y evening during the weeks preceding the Mother's weelcends and every Thursday evening preceding tl.c Father's weekends, with the specific times for exchanges to be arrangcd by agreement betwe:;n the parties. The alternating weekly schedule shall resume at such time as the Mothcr relocates to Ncw Ctnnbc ;and during the school year. 'I. The parties shall share having custody of the Children on holidays in accordance with the followinL schedule: A. Christmas: In every year, the Father shall have custody of the Children from Christmas Eve at 2:00 ).m. through Christmas Day at 9:00 a.m. and the Mother shall have custody from Cluistmas Day at 9:00 ?i.m. until December 26 at 12:00 noon. B. Thanksgiving: In every year, the Mother shall have custody of the Children from the 'Wednesday before Thanksgiving at 3:00 p.m. until Thanksgiving Day at 3:00 p.m. and the Father shall have cusiockFrom Thanksgiving Day at 3:00 p.m. through the Friday after Thanksgiving at 3:00 p.m. C. Alternating Holidays: In odd numbered years, the Father shall have custody of the. Children on \ morial Day and Labor Day and the Mother shall have custody on Easter and July Fourth. In even numbered years, the Mother shall have custody of the Children on Memorial Day and Labor Day and the Fath:;r shall have custody on Easter and July Fourth. The periods of custody under this provision shall run fror,n 9:00 a.m. until 5:00 p.m. on the day of the holiday with the exception of July Fourth which shall continue! until after the fireworks. D. Mother's Day/Father's Da : In every year, the Mother shall have custody of the Children for Mother's Day and the Father shall have custody for Father's Day from Saturday at 5:00 p.m. through Sunday at 5:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Ec?ch parent shall be entitled to have up to two nonconsecutive weeks of vacation custody each summer upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be ';ntitl ed to preference on the selection of his or her vacation dates. 6. Th(_ parents shall make arrangements for the Children to continue in counseling with Pat Moore and the partie_, shall alternate taking the Children to the counseling appointments. 7. Th, non-custodial parent shall be entitled to contact the other parent's cell phone to speak with the Children one time each day with the telephone call to be initiated between 7:30 p.m. and 8:30 p.m. This provisiot) is not intended to limit either parent's ability to contact the Children on the Children's cell phones. 8. A] I adjustments to the custody schedule shall be confirmed in writing, which may include email or text message. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact ?VIt11 the Cillic. cn comply `,vith this provision. 0. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. Ttie parries may modify the provisions of this Order by mutual consent. In the absence of mutual consc:il. the terris of this Order shall control. BY T COURT, Edward E. Guido J. cc: John Kin;, Esquire - Counsel for Father Susan Imo. Candiello, Esquire - Counsel for Mother TRUE COPY FROM R=C:ORD In Testimony whereof I herd unto set my hand and the seal of said Co rt at Carlisle, Pa, ??? 11"' dy g 20 t!<_ e. r Proftnotary ANDRES GALEANO VS. AZURE DE GALEA O Defendant IN' THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLti' gNIA 2007-4545 CIVIL ACTION LA?t% IN CUSTODY Prior Judee: Edward E. Guido (-'USTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE; CAP CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. Tht, pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME Kerry Galean,.) Abigail Gale ino Zachary Gale-ino DATE OF BIRTH CURRENTLY IN CUSTOM' OF August 14, 1997 October 17, 2000 August 30, 2005 Father/Mother Father Father/Mother 2. A custody conciliation conference was held on August 2, 2011, with the following individuals in attendance: the Father, Andres Galeano, with his counsel, John F. Kinu. Esquire, and the Mother, Azure Dee Galeano. with her counsel, Susan K. Candiello, Esquire. 3. Thy parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator ANDF'_ES GALEANO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-4545 CIVIL TERM AZURE DEE GALEANO, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 14th day of October, 2011, by agreement of t:he parties, our Order of August 9, 2011, is temporarily amended. as follows: 1. Mother's periods of partial custody are suspended. 2.. Mother shall be entitled to visit with the children every Sunday from 1:00 p.m. to 5:00 p.m. on the first floor of Father's residence. Father may be in the residence, but shall not interfere with Mother's interaction with the children. 3. Mother shall have unobstructed telephone access to tie children on a daily basis. She may call any time of the day before 8:30 p.m. that is convenient to her. Provided, howe,.Ter, that Father shall ensure that the children are by the phone and available each day from 5:45 p.m. until 6:45 p.m. If something arises that they are not to be available during that time frame, Father sha=_1 give Mother notice. This Temporary Order is entered to give Mother the opportunity to work on her addiction to prescription drugs. We will review the matter at a hearing on Friday, January 20, 2012, at 9:15 a.m. TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This y or 201_ iProthonotary By the Court, Edward E. Guido, J. ', v John F. King, Esquire 4076 Market Street ,Camp Hill, PA 17011 Attorney for Plaintiff Susan K. Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 Atto_--ney for Defendant srs S ANDRES GALEANO, Plaintiff V. AZURE DEE GALEANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4545 CIVIL ACTION - LAW CUSTODYNISITATION ORDER FOR CUSTODY AND NOW, this 3 0 day of VA .444A4 , 2012, it is hereby ORDERED that the terms contained in the Stipulation for Custody dated the J6 Mday of L IA ""AaY , 2012, are incorporated herein as -?rder- A. Jam., =:2 //Cey Candrt//el,: Ina, .T, ---?! 71 ANDRES GALEANO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-4545 AZURE DEE GALEANO, : CIVIL ACTION - LAW Defendant : CUSTODY/VISITATION INTERIM ORDER AND NOW, this day of 2011, an Emergency Petition for Special Relief having been filed by Plaintiff/Father, and a Supplement thereto having also been filed by Plaintiff, both pursuant to Pennsylvania Rule of Civil Procedure 1915. it is hereby ordered as follows: 1. Father shall enjoy primary physical custody of the minor children, Kerry Galeano (DOB: 8/14/97), Abigail Galeano, (DOB: 10/17/00), and Zachary Galeano (DOB: 8/30/05), with supervised visitation by Mother, under the terms as contained in the Custody Order dated October 14, 2011; and it is further ordered 2. Mother shall pay over to Father the sum of $ , in reimbursements for Father's attorney fees and costs incurred as a result of Father's Emergency Petition for Special Relief required by Mother's failure to comply with the terms of the Custody Order dated August 9, 2011. BY THE COURT: J. Cc: John F. King, Esq., 4076 Market Street, Camp Hill, PA 17011 Susan. Candiello, Esq., 4010 Gienfinnan Place, Mechanicsburg, PA 17055 r ANDRES GALEANO, : IN THE COURT OF COMMON PLEAS ` Plaintiff PENNSYN : CUMBERLAND COUNTY :;i , C:) Fn v. : NO. 2007-4545 ?b -.. © 0 o AZURE DEE, GALEANO, : CIVIL ACTION - LAW Defendant : CUSTODYNISITATION y-c° w n Prior Conciliator: Dawn S. Sunday, Esq Prior Judge: Hon. Edward E. Guido SUPPLEMENT TO EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW comes the Petitioner, Andres Galeano, pursuant to Pa.R.C.P. 1915.13, and petitions this Honorable Court as follows: 1. The Petitioner is Andres Galeano, Plaintiff, in the above-captioned action, and Father of the subject minor children, with a current address of 325 Liberty Court, Mechanicsburg, PA. 2. The Respondent is Azure Dee Galeano, Defendant in the above-captioned action, and Mother of the subject minor children, with a current address of 16 Toad Road, Blain, PA. 3 An Emergency Petition for Special Relief was filed by Plaintiff on October 5, 2011, because of Mother's breach of the then existing Custody Order.. 4. A hearing was held on October 14, 2011, which resulted in an Order suspending Mother's periods of partial custody, with Sunday afternoon supervised visitation at Father's home.. 5. The Order scheduled a follow up hearing to review :Mother's progress in working through her addiction to prescription drugs for January 20, 2012, and progress in being able to follow the terms of her Custody Order. 6. Petitioner/Father has incurred significant legal fees as a result of Mother's breach of the Custody Order, currently totalling $2,182.50. 7. Petitioner/Father will incur additional legal fees as a result of Mother's breach of the Custody Order. 8. Plaintiff seeks an award of Court for payment of attorney fees and costs associated with the bringing of this Petition, from Respondent/Mother to Petitioner/Father. 9. The Hon. Edward E. Guido has ruled upon issues in the same or related matters in this case. WHEREFORE, it is respectfully requested that this Honorable Court issue an Order relating to the relief requested in the Petition for Emergency Relief to include payment by Respondent/Mother to Petitioner Father for attorney fees and costs. Dated: 2011 Respectfully submitted, JOHN F. KING LAW, P.C. John F. King, Esquire ID#61919 4076 Market Street Camp Hill, PA 17011 (717) 695-2222 ANDRES GALEANO, Plaintiff V. AZURE DEE GALEANO, Defendant AND NOW this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANIA NO. 2007-4545 CIVIL ACTION - LAW 0ZrI rnc o o rn CUSTODY/VISITATION nF ,,,r pct INTERIM ORDER day ofA) , 2011, an Emergency Petition for Special Relief having been filed by Plaintiff/Father, and a Supplement thereto having also been filed by Plaintiff, both pursuant to Pennsylvania Rule of Civil Procedure 1915.13, it is hereby ordered o ano, B: 10 17 , an ac ary a eano ith y o er, un er ated ed S 11-4ter s4a4-pfty over to Fft4ter+he mm of S III Mill II- ie?i'l`ef °? it , i . ? t?k?-t?i S ? t 1Sti1d3?r nr?cr ?gtar? st BY COUR . J. Cc: John F. King, Esq., 4076 Market Street, Camp Hill, PA 17011 Susan Candiello, Esq., 4010 Glenfinnan Place, Mechanicsburg, PA 17055 ,r.J ANDRES GALEANO, Plaintiff V. AZURE DEE GALEANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4545 CIVIL ACTION - LAW CUSTODY/VISITATION STIPULATION FOR PAYMENT OF ATTORNEY FEES r.? n ? -n a 1-n .? ::0 rn F -v, r- 7D -? ca ca -r C .. -4 ,?.. cam: A AND NOW, this A / day of VA *UUA <G , 2012, come the Plaintiff, ANDRES GALEANO (hereinafter referred to as "Father"), and Defendant, AZURE DEE GALEANO (hereinafter referred to as "Mother"), by and through their respective legal counsel, seeking to resolve certain matters; and WHEREAS, a Supplement to the Emergency Petition for Special Relief was filed on November 10, 2011, a copy of which is attached hereto as Exhibit A, and WHEREAS, an Interim Order was entered dated November 15, 2011, indicating that issues relating to the supplemental emergency relief would be addressed at the hearing scheduled for January 20, 2012, a copy of which is attached as Exhibit B, and WHEREAS, the parties have reached an agreement to resolve all of the issues between them, and NOW, THEREFORE, the parties do hereby STIPULATE and AGREE, as follows: 1. The Defendant, Azure Dee Galeano, shall pay over to Plaintiff, Andes Galeano, the amount of $1,091.00, which constitutes 50% of the legal fees sought in the Supplement to the Emergency Petition filed on November 10, 2011. 2. The Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania, shall charge the account of Obligor, Azure Dee Galeno, PACSES case number 218109652, the amount of $1,091.00, as an additional amount in arrears owed to the Obligee, Andres Galeano. 3. The parties agree that this Stipulation shall be entered as a Court Order. s Galeano usan K. Cand'reXo-, Vsq.,-Attorney for Azure Dee Galeano ANDRES GALEANO, Plaintiff V. AZURE DEE GALEANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4545 CIVIL ACTION - LAW CUSTODYNISITATION ORDER FOR PAYMENT OF ATTORNEY FEES AND NOW, this day of , 2012, it is hereby ORDERED that the terms contained in the Stipulation for Payment of Attorney Fees dated the .?/ day of L7A AI t A 2012, are incorporated herein as an Order-o J`.:._?' '4f Lh 1 r,7 C.;:1 1°' Ere . °"d P rvt ; wo k`-t 144n c?PI?e, l sf? Awes