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HomeMy WebLinkAbout07-5982KRISHNAN R. RAJAGOPAL, Plaintiff V. MA.LOUEDJE TALINGTING RAJAGOPAL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO- IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Krishnan R. Rajagopal, residing at 1228 Hillside Drive, Carlisle Cumberland County, Pennsylvania. Plaintiff lives alone. 2. The Defendant is Ma.Louedje Talingting Rajagopal, residing, upon informatior and belief, at 2196 Redwood Road, Hercules, California 94547. Defendant lives with Reynaldc and Oneida Desamparado. 3. Plaintiff'seeks custody of the following children: Name Present Residence Date of Birth Kristian Edward Rajagopal 2196 Redwood Road, Hercules CA June 28, 2005 Richard Sai Rajagopal 2196 Redwood Road, Hercules CA January 31, 2007 The children were not born out of wedlock. SAMIS, FLOWER & LINDSAY ATIORA'EMATUw 26 West High Street Carlisle, PA The children are presently in the custody of Defendant who resides at 2196 Redwood Road, Hercules, California 94547. During the past five years, the children have resided with the following persons and at the following addresses: Name Address Dates Krishnan Rukmangada Rajagopal Bethesda, Maryland Birth until 11/05 Ma.Louedje Talingting Rajagopal Krishnan Rukmangada Rajagopal 1228 Hillside Drive, Carlisle, 11/05 until 10/4/07 Ma.Louedje Talingting Rajagopal Pennsylvania Ma.Louedje Talingting Rajagopal 2196 Redwood Road, Hercules, CA 10/4/07 to Reynaldo and Oneida Desamparado present The mother of the children is Ma.Louedje Talingting Rajagopal, currently residing 2196 Redwood Road, Hercules, California 94547. She is married. The father of the child is Krishnan Rukmangada Rajagopal, currently residing at 1 Hillside Drive, Carlisle, Pennsylvania 17013. He is married. 4. The relationship of Plaintiff to the children is that of Father. 5. The relationship of Defendant to the children is that of Mother. 6. Plaintiff has not participated as -a party or witness, or in another capacity, in othe litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in 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 children will be served granting the relief requested because: a. Plaintiff is a good and loving father who can best provide for the children spiritual, physical, emotional and educational welfare; SAIDIS, FLOWER & LINDSAY ATTORN S.A6uW 26 West High Street Carlisle, PA b. Plaintiff has the support of extended family in the United States to ass in the raising of the children; and c. Plaintiff can better care for the children's physical needs than does Defendant. 8. Each parent whose parental rights to the children have not been terminated anc the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant legal and primary physical custody the children. SAIDIS, FLOWER & LINWAY Carol J. Lindsay, gsquire ID No. 44693 C./ 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS, FLOWER & LINDSAY KIUFJ,&Y&AT IAW 26 West High Street Carlisle, PA VERIFICATION verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Date: / p - I (- 0 q SAIDIS, FLOWER & LINDSAY xrmxsnruw 26 West High Street Carlisle, PA w ?1 W ?? ? v e? '?` ` W ?? ?E Q ?' -.? ?``?. ?... 'r ?"`:??.. L_.?. ;l i ;'_, t T' i ". !. Ctt,r,. 1'? ? y` C? ?? .N ra r::' C7 ? c :? ? ?t-- ...- SJ ? ....- r? -` w x-1:7 =r ?? ...E KRISHNAN R. RAJAGOPAL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW -et NO. 0. 7- S9 $?4 .K MA.LOUEDJE TALINGTING RAJAGOPAL, Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes Krishnan Rukmangada Rajagopal, by and through his counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court for emergency relief as follows: 1. Plaintiff resides at 1228 Hillside Drive, Carlisle, Pennsylvania 17013. information and believe, Respondent resides. at 2196 Redwood Road, Hercules, Cal 94547. 2. The parties hereto are husband and wife, having been joined in marriage on Jul, 31, 2004. 3. The parties are parents of two children, Kristian Edward Rajagopal, born June 28, 2005 and Richard Sai Rajagopal, born January 31, 2007. 4. The parties have resided in Cumberland County since November 2005 at 1 Hillside Drive, Carlisle, Pennsylvania 17013. 5. Respondent is a citizen of the Philippines but Petitioner and the children are U.S citizens and have passports issued by the United States of America. 6. On October 4, 2007, Petitioner accompanied Respondent and the children to SAIDIS, FLOWER Sic LINDSAY 26 West High Street Carlisle, PA Angeles International Airport. Respondent and the children had seats on a connecting flight the Philippines because Respondent wanted to visit with her family who had not seen th younger of the two children. 7. At Los Angeles International Airport, two members of Respondent's exten family appeared at the gate and attempted to get airline personnel to remove Respondent an the children from the plane after they had already boarded. Assured by airline personnel tha his wife and children were safely on board, Petitioner left their departure gate to catch his fligh back to the Harrisburg area. Upon his return to his home, he contacted his in-laws in the Philippines to alert them to the necessity of meeting the plane, but later learned tha Respondent had left the plane with the children after Petitioner gone from the gate. Upor information and belief, Respondent left the Los Angeles airport in the company of the childrer and her two relatives. 8. Since October 4, 2007, despite many telephone calls, Petitioner has hea nothing from Respondent or the two relatives with whom he believes she left on October 4, 2007, except the email attached hereto as Exhibit "K. 9. An investigation of Respondent's telephone calls reveals that the cell phone with which she was traveling has been used for telephone calls to the Philippines and that she had been making calls to the Philippines and to her relatives in Hercules, California on the days leading up to October 4, 2007. Therefore, Petitioner believes and therefore avers that Respondent has determined to separate from him, to remain in California with the parties' children and to cut off his contact with the parties' children. 10. Petitioner is a medical doctor employed as the Medical Director of Pulmonary SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA and Critical Care at the Carlisle Regional Medical Center where he also serves at the Medical Director of the Intensive Care Unit and Respiratory Division as well as a consulting physician in the area of sleep disorders. 11. Petitioner seeks the return of his children to his home at 1228 Hillside Drive in Carlisle and custody of the children pursuant to a Complaint for Custody filed on the same date as the date of this Petition and attached hereto as Exhibit "B". 12. Petitioner fears that Respondent, upon receipt of the pleadings in this case, will flee the United States with the children since she is in possession of the children's passports. 13. No judge has been assigned to this case. Petitioner knows of no attorney Respondent and believes the relief requested would be opposed by Respondent. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondent to show cause why the relief requested should not be granted. SAIDIS, FLOWER & LIND Carol J. Lindsay, E; ID No. 44693 26 West High St ree Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Page 1 of 1 Carol J. Lindsay From: "Louedje Rajagopal" <louedjeraj@yahoo.com> To: "BabaRaj" <carlisledoc@aol.com> Sent: Tuesday, October 09, 2007 9:39 PM Subject: Letting you know... Im writing to you coz i want to let u know that Kristian & Sai are both ok,nothing to worry about... Their always been taking case of and their living their life like a kid should have,with all the love & care as possible. Pinpoint customers who are looking for what you sell. 1 nn of,)nm KRISHNAN R. RAJAGOPAL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. MA.LOUEDJE TALINGTING RAJAGOPAL, Defendant IN CUSTODY ORDER OF COURT AND now, this day of '20 , upon consideration of the attached Motion, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2007, at _M for a pre- hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be 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. FOR THE COURT: Custody Conciliator 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 SAIDIS, FLOWER & LINDSAY ATTORNEYS-ATUw 26 West High Street Carlisle, PA The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law t( comply with the Americans with Disabilities Act of 1990. For information about accessibly 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 hour: prior to any hearing or business before the Court. BY THE COURT: J. KRISHNAN R. RAJAGOPAL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. MA.LOUEDJE TALINGTING RAJAGOPAL, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Krishnan R. Rajagopal, residing at 1228 Hillside Drive, Carlisle Cumberland County, Pennsylvania. Plaintiff lives alone. 2. The Defendant is Ma.Louedje Talingting Rajagopal, residing, upon informatior and belief, at 2196 Redwood Road, Hercules, California 94547. Defendant lives with Reynaldc and Oneida Desamparado. 3. Plaintiff"seeks custody of the following children: Name Present Residence Date of Birth Kristian Edward Rajagopal 2196 Redwood Road, Hercules CA June 28, 2005 Richard Sai Rajagopal 2196 Redwood Road, Hercules CA January 31, 2007 The children were not born out of wedlock. SA MILS, FLOWER & LL04MAY A FQPh%" W-1AW 26 West High Street Carlisle, PA The children are presently in the custody of Defendant who resides at 2196 Redwood Road, Hercules, California 94547. During the past five years, the children have resided with the following persons and at the following addresses: Name Address Dates Krishnan Rukmangada Rajagopal Bethesda, Maryland Birth until 11/05 Ma.Louedje Talingting Rajagopal Krishnan Rukmangada Rajagopal 1228 Hillside Drive, Carlisle, 11/05 until 10/4/07 Ma.Louedje Talingting Rajagopal Pennsylvania Ma.Louedje Talingting Rajagopal 2196 Redwood Road, Hercules, CA 10/4/07 to Reynaldo and Oneida Desamparado present The mother of the children is Ma.Louedje Talingting Rajagopal, currently residing 2196 Redwood Road, Hercules, California 94547. She is married. The father of the child is Krishnan Rukmangada Rajagopal, currently residing at 1 Hillside Drive, Carlisle, Pennsylvania 17013. He is married. 4. The relationship of Plaintiff to the children is that of Father. 5. The relationship of Defendant to the children is that of 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 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 children will be served granting the relief requested because: a. Plaintiff is a good and loving father who can best provide for the children' spiritual, physical, emotional and educational welfare; SAIDIS, FLOWER & LINDSAY ATTORN seruw 26 West High Street Carlisle, PA b. Plaintiff has the support of extended family in the United States to assi in the raising of the children; and c. Plaintiff can better care for the children's physical needs than Defendant. 8. Each parent whose parental rights to the children have not been terminated the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant legal and primary physical custody the children. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay ; quire I D No. 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS, FLOWER & LINDSAY ATIORNM-AT UW 26 West High Street Carlisle, PA VERIFICATION verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. f Date: / 0 - l l -0 '1 SAIDIS, FLOWER & LINDSAY A'roIVfNs•,vuw 26 West High Street Carlisle, PA \T ? •J ---s rn R ?s. 'S i OCT 112007 KRISHNAN R. RAJAGOPAL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MA.LOUEDJE TALINGTING d -7 " N RAJAGOPAL, Defendant IN CUSTODY ORDER OF COURT AND now, this I day of October, 2007, upon consideration of the within Petition, Rule is issued upon the Respondent to show cause why the relief requested should not granted. Rule returnable at a hearing set for the 41-p- day of 2007, i Court Room _>-5: of the Courthouse in Carlisle, Pennsylvania at 3. o'clock4 M. Pending the hearing, Respondent Ma.Louedje Talingting Rajagopal, is ordered a directed not to remove the children from the United States of America and to submit to the the passports of Kristian Edward Rajagopal and Richard Sai Rajagopal. Respondent is and directed to appear at the hearing set out above with both children. BY THE COURT: SAIDIS, FLOWER & LINDSAY ATrURNEYS-Ai LAW 26 West High Street Carlisle, PA koL"d r;lr ridti 1',lN74d 00 :c Wd 1 1100 LOOZ 30d-4&?H KRIS14NAN R. RAJAGOPAL IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-5982 CIVIL ACTION LAW MA. LOUEDJE TALINGTING RAJAGOPAL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 11, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 06, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne 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 l?.il _ riFC{ ttl a 0 d 91 1'130 LOOZ KRISHNAN R. RAJAGOPAL, Plaintiff V. MA.LOUEDJE TALINGTING RAJAGOPAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07-5982 IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY Please enter my appearance on behalf of the Defendant, Ma.Louedje Talingting Rajagopal, in the above-captioned matter. Date: P / Mark F. Bayley, Es ' e Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Defendant ev ? ? ry T c? ? _, rr, c? ..Kt . N ? a?<?: 4.'.t R ? , T ? ??? ' s? .y ? .? .u. •i r„?? ''r. KRISHNAN R. RAJAGOPAL, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. CIVIL ACTION -LAW NO. 07-5982 MA. LOUEDJE TALINGTING RAJAGOPAL, 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 within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 I D_' _? '6_7 Dated: Ul-)\ Mark F. Bayley, Esquire Attorney for Defendant r1i N _J ??? VPP1 A r iio. /M f KRISHNAN R. RAJAGOPAL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-5982 CIVIL TERM MA.LOUEDJE TALINGTING RAJAGOPAL, Defendant IN CUSTODY AFFIDAVIT OF SERVICE 1, Arran smith , of Professional Process Service, being duly sworn according to law, hereby deposes and says that on 10/23/2007 12007, 1 served a true and correct copy of the Complaint for Custody and Petition for Emergency Relief upon Ma.Louedje Talingting Rajagopal, Defendant, by personally delivering the same to her at the following address: 219 6 Redwood Rd_ , Hercules, CA 94547 Professional Process Service 9t Dewing Avenue, Suite -/ Lafayette, CA 94549 STATE OF CALIFORNIA COUNTY OF CON-MA CDSrA 1*1 On this, the •?S day of 60e71vier' , 2007, before me, the undersigned officer personally appeared CI& rn 6n-Ith , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. -- d JEANNE M. KOSTA .$ 138462 AMR In Witness Whereof, I have hereunto set my hand and official seal. N ?? 6 CONM CMA COUNTY My Comm. Exp. FEs. 7, 2010 ,44 ,vi (SEAL) itle of Officer ?"? t?`.. ? -? :? ?,r `t. 5 t " ? --c- ?i ^ ` ??' ? ? {?. . ?f ? .? ! ..? _ _ "? ?.? i?i? __ ? i +"?.? NOV 0 7 2007 of KRISHNAN R. RAJAGOPAL, Plaintiff V. MA. LOUEDJE TALINGTING RAJAGOPAL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-5982 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 6 day of 0eVtM?y wr , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. S , of the Cumberland County Court House, on the 15th day of February, 2008, at :vD o'clock, A . M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated October 11, 2007 is hereby vacated. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Father, Krishnan R. Rajagopal and the Mother, Ma. Lourdje Talingting Rajagopal, shall have shared legal custody of Kristian Edward Rajagopal, born June 28, 2005 and Richard Sai Rajagopal, born January 31, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. 5 i Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Mother shall have physical custody of the children until January 5, 2008 at a time agreed by the parties. 5. Father shall have physical custody of the children from January 5, 2008 at a time agreed to by the parties until February 15, 2008, the date of the custody hearing. 6. Father shall be responsible for transportation for the children from California to Carlisle for the custodial period beginning January 5, 2008. It is expected that Father will accompany the children on the flight from California to Carlisle. 7. Counsel for Mother shall hold the children's passports. 8. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, M.L. Ebert, Jr., cc;,w 1 J. Lindsay, Esquire, counsel for Father k F. Bayley, Esquire, counsel for Mothei A KRISHNAN R. RAJAGOPAL, Plaintiff V. MA. LOURDJE TALINGTING RAJAGOPAL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-5982 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kristian Edward Rajagopal June 28, 2005 Mother Richard Sai Rajagopal January 31, 2007 Mother 2. A Conciliation Conference was held November 6, 2007 with the following individuals in attendance: The Father, Krishnan R. Rajagopal, with his counsel, Carol J. Lindsay, Esquire, and the Mother, Ma. Lourdje Talingting Rajagopal, with her counsel, Mark F. Bayley, Esquire. 3. The Honorable M.L. Ebert, Jr. previously entered an Order of Court dated October 11, 2007 scheduling an emergency hearing and prohibiting Mother from removing the children from the United State of America and to submit the children's passports to the Court. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. Father asserts that Mother is not attentive to the children and that she removed them from Cumberland County and relocated them to California without Father's consent. 5. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody. She asserts that Father is a doctor who does not have time to care for the children. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and ordering shared legal and shared physical custody until the hearing. It is expected that the Hearing will require one day. i1- -)-o 1 Date ac line A Verney, Esquire Custody Conciliator KRISHNAN R. RAJAGOPAL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2007-5982 MA.LOUEDJE TALINGTING RAJAGOPAL, : Defendant IN CUSTODY ORDER OF COURT ih r AND now, this %S day of 1 L`DP' 2008, upon consideration of agreement of counsel, the hearing scheduled for February 15, 2008 at 9:00 AM is continued the 16th day of May, 2008 at 1:30 PM. BY THE COURT: -*-?UAV SAIDIS, FLOWER & LINDSAN alalwsw-w 26 West High Street Carlisle, PA 10 WM; 991E*111? ?0 :I Wd E 1 93J BDQZ jo 1?lvFwt t "dn3 .« KRISHNAN R. RAJAGOPAL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-5982 CIVIL TERM MA.LOUEDJE TALINGTING RAJAGOPAL, IN CUSTODY Defendant THE HONORABLE M. L. EBERT, JR. ORDER OF COURT 9th day of K NJ , 2008, upon consideration of AND NOW, this the within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court. BY THE COURT, ?k -? ?? The Honorable M. L. Ebert,. FLOWER ? LENDSAY K Ill AIAW 26 West High Street Carlisle, PA F n I,.N'0711s??s ??no XIN ? ZZ .£ Wd 6- ivw 8002 ?' `' All. KRISHNAN R. RAJAGOPAL, Plaintiff V. MA.LOUEDJE TALINGTING RAJAGOPAL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5982 CIVIL TERM IN CUSTODY STIPULATION OF THE PARTIES 1. The parties hereto are the parents of two children, Kristian Edward Rajagopal, born June 28, 2005, and Richard Sai Rajagopal, born January 31, 2007. 2. On or about October 11, 2007, Plaintiff Krishnan R. Rajagopal, hereinafter "Father" filed a Complaint for Custody in the Court of Common Pleas of Cumberland County, Pennsylvania, which has jurisdiction over the parties and their children. 3. A hearing on custody is scheduled for May 16, 2008. 4. The parties will share legal and physical custody of their children. 5. The children will reside with Ma.Louedje Talingting Rajagopal, Defendant above, hereinafter "Mother, in the Philippines. 6. Father will have custodial time with the children twice a year for periods not to exceed four weeks each time and Father will also have custody of the children during his visits to the Philippines. 7. For periods of custodial time with the children, whether in the United States SAWIS, FWNVER & L lkws" 26 West High Street Carlisle, PA or in the Philippines, Father will provide Mother thirty (30) days advance notice and will pay the cost of transporting the children to the United States for visits and of transporting himself to the Philippines for visits. 8. Each party shall have an equal right, to be exercised jointly with the other parent, to make all major nonemergency decisions affecting the children's general wellbeing including, but not limited to, all decisions regarding their health, education and 4 rt religion. Pursuant to the terms of 32 Pa. C.S.A. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical, treatment, planning, meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from all physicians, dentists, teachers or authorities and to copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. 9. Mother may return with the children to the Philippines, taking with them their passports. Mother will provide the children's passports to the person accompanying the children to the United States for custodial time with Father. 10. The parties agree that the terms of this Stipulation may be entered as an Order of Court and that the hearing scheduled for May 16, 2008 shall no longer be necessary. 11. The parties will keep each other advised of their addresses and telephone SAMIS, FLONVER & LENIMS" MMMM 26 West High Street Carlisle, PA numbers and those of the children. 12. The terms of this Agreement supercede any prior Order of Court regarding the custody of the children. Witness: I na R. Rajagopa Jos n D" TI-I alio§ting Rajagopal