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HomeMy WebLinkAbout08-4865KATHLEEN SOTO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. d ?. ?/?G S cr?,l -f cry JOSHUA WINKLE, Defendant CUSTODY COMPLAINT FOR CUSTODY FLOWER ? LINDSAY AT1O1NErWT-1Aw 26 West High Street Carlisle, PA 1. The Plaintiff is KATHLEEN SOTO, residing at 104 Deerview Drive, Newville, Pennsylvania 17241. 2. The Defendant is JOSHUA WINKLE, residing at 22 Fourth Avenue, Roebling, New Jersey 08554. 3. Plaintiff seeks custody of the following children: Name Present Residence Age Jacob Dylan Soto 104 Deerview Drive 5 Y2 Newville, PA 17241 Alexander Leo Soto 104 Deerview Drive 3 Newville, PA 17241 Isabella Irene Soto 104 Deerview Drive 1 Newville, PA 17241 The children were not born out of wedlock 4. The children are presently in the custody of KATHLEEN SOTO who resides at 104 Deerview Drive, Newville, PA 17241. 5. During the past five years, the children have resided with the following persons and at the following addresses: March 2008 - Present 104 Deerview Drive Mother only Newville, PA 17241 Sept. 2006 - March 2008 104 Deerview Drive Parents Newville, PA 17241 April 2006 - Sept. 2008 Meeting House Rd. Parents Boothwyn, PA August 2004 - April 2006 336 West Front St. Parents Florence, NJ 6. The mother of the children is KATHLEEN SOTO, currently residing at 104 Deerview Drive, Newville, PA 17241. She is married. 7. The father of the children is JOSHUA WINKLE, currently residing at 22 Fourth SAMIS, FLOWER & LINDSAY ATRM*M AT uw 26 West High Street Carlisle, PA Avenue, Roebling, NJ 08554. He is married. 8. The relationship of Plaintiff to the children is that of natural mother. She is currently residing with the children and with her mother. 9. The relationship of Defendant to the child is that of natural father. He is currently residing with his parents. 10. Plaintiff has 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 filed a Protection From Abuse Action, docketed to 2008-4742, on behalf of herself and the children. A copy of this Petition and temporary Order is attached hereto as "Exhibit A". 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 12. Plaintiff does not know of a person not a party to the proceedings who physical custody of the children or claims to have custody or visitation rights with respect to children. 13. The best interest and permanent welfare of the children will be served granting the relief requested because: a) Plaintiff can best provide for the children's spiritual, physical and emotional welfare; b) Defendant is violent, unstable and abusive toward Plaintiff and the children; c) Defendant has acted in a menacing manner by striking one of the children in the face' and chest, leaving marks and bruising; d) Defendant has acted in a menacing manner towards Plaintiff by shoving, punching,', grabbing her arm and twisting, destroying property and threatening to do her bodily injury; and e) Defendant has used a taser on one of the minor children. 14. Each parent whose parental rights to the children have not been terminated andli the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None WHEREFORE, Plaintiff requests the Court to grant legal and primary physical custody of the children. SAIDIS, FLOWER & LINDSAY M atas, Esquire ID No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Fax (717) 243-6486 Attorney for Plaintiff HLOWER & LENDS" IAW 26 West High Street Carlisle, PA VERIFICATION I 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. all LEEN SOTO j TH Date. ?y l zw ) SAIDIS, FLOWER 4SL LINDSAY er[ost?ntsnruw 26 West High Street Carlisle, PA Kathleen Nicole Soto, and on behalf of minor children, Jacob Dylan Soto and Isabella Irene Soto, Plaintiffs V. Joshua Christian Winkle Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 7 ` 7 ), CIVIL TERM - LAW PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL order may be entered against you granting the relief requested in the petition. In particular, you may be evicted from your residence, be prohibited from possessing any firearm, other weapon, ammunition or any firearm license, and lose other important rights, including custody of your children. Any protection order granted by a count may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). A hearing on the matter is scheduled for the ?f day of August, 2008, at 630 am., with Judge p U ti o __in Cournoom No. ? on the 4t' Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania- You MUST obey the order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this order, the police or sheriff may arrest you. Violation of this order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa C.S.A. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18. U.S.C. §2265, this order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this order, you may be subject to federal criminal proceedings under the Violence Against Women. Act. 18 U.S.C. §2261-2262- If this order directs you to relinquish any firearm, other weapon, ammunition or any firearm license to the sheriff, you may do so upon service of this order. As an alternative, you may relinquish any firearm, other weapon, or ammunition listed herein to a third party provided you and the third party first comply with all requirements to obtain a safekeeping permit- You must relinquish any firearm, other weapon, ammunition or any firearm license listed herein no later than 24 hours after service of the order- Failure to timely relinquish any firearm, other weapon, ammunition or any firearm license shall result in a violation of this order and may result in criminal conviction under the Uniform Firearms Act, 18 Pa. C.S.A. §6105_ NOTICE= Even if this order does not direct you to relinquish firearms, you may be subject to federal firearms prohibitions and federal criminal penalties under 18 U.S.C_ §922(8)(8). YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU- 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. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Distribution to: Legal Services Faxed & Mailed to PSP !This verifies that the above document is on file with the Cumberland County Office of Ithe Prothonotary. Kathleen Nicole Soto, and on behalf of minor : IN THE COURT OF CO_ mON children, Jacob Dylan Soto and : PLEAS OF Isabella Irene Soto, : CUMBERLAND COUNT`, Plaintiff : PENNSYLVANIA V. No. 2008- T1 9A Joshua Christian Winkle Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is= Joshua Christian Winkle Defendant's Date of Birth is: November 15,1978 Defendant's Social Security Number is: 008-66-6367 Name(s) of All protected persons, including Plaintiff and minor children: 1. Kathleen Nicole Soto 2. Jacob Dylan Soto 3. Alexander Leo Soto 4. Isabella Irene Soto AND NOW, on 7th Day of August, 2008 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1_ Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is evicted and excluded from the residence at: 104 Deerview Dr., Newville, PA 17241 or any other permanent or temporary residence where Plaintiff or any other person protected under this order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order either directly or indirectly, at any location, including but not limited to any contact at Plaintiffs or other protected parry's school, business, or place of employment. 4. Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted: 6. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police 7. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a copy of the petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL AUGUST 7, 2011 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa_C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearru license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject hitn/her to state charges and penalties under the Pennsylvania Cringes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located- If Defendant violates Paragraphs I through 4 of this order, Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant. based solely ou probable cause. whether or not the violation is committed in the presence of a police officer or sheriff. Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession which were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm, other weapon, ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition until further order of this court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer or sheriff made the arrest. BY THE COURT: Judge Q? Date Distribution to: Legal Services Faxed & Mailed to PSP ,n Test,m.- ,Oerad. I We r4o sf'? my haev rhiZ PFAD Number: MG3214353S Kathleen Nicole Soto, and on behalf of minor : 1N THE COURT OF COM'v10N children, Jacob Dylan Soto and : PLEAS OF Isabella Irene Soto, : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. Joshua Christian Winkle Defendant N Op :No 2008- ?r C . z a , c-> ? CIVIL ACTION - LAW r:!? PROTECTION FROM A.Bi ? C' o r" PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Kathleen Nicole Soto 2 I, (the Plaintiff), am filing this petition on behalf of - myself 3_ Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Kathleen Nicole Soto b. Jacob Dylan Soto c_ Alexander Leo Soto d_ Isabella Irene Soto 4 Plaintiffs Address is : 104 Deerview Drive, Newville, PA 17241 5. Defendant's Name is: Joshua Christian Winkle b_ Defendant is believed to live at the following address: 22 Fourth Avenue, Roebling, NJ 08554 7. Defendant's Social Security Number is- 008-66-6367 8. Defendant's Date of Birth is: November 15, 1978 9. Defendant's place of employment is: ATC .Associates, Burlington NJ 10. Defendant is an adult. 11. The relationship between Plaintiff and Defendant is: 1x] spouse or former spouse of Defendant 1X1 parent of a child with Defendant 1 X 3 current or former sexual or intimate partner with Defendant I 1 child of Plaintiff I 1 child of Defendant 1 family member related by blood (consanguinity) to Defendant [ family member related by marriage or affinity to Defendant 13 sibling (person who shares parenthood) of Defendant IX 3 current or former cohabitant (person who lives with) Defendant 12. Defendant has been involved in a criminal court action. 13. Defendant is not currently on probation / parole 14. Plaintiff and Defendant are the parents of the following minor child/Ten: a_ Jacob Dylan Soto Age_5 Child's address is: 104 Deerview Drive, Newville, PA 17241 b. Alexander Leo Soto Age:3 Child's address is: 104 Deerview Drive, Newwille, PA 17241 c. Isabella Irene Soto Age:1 Child's address is: 104 Deerview Drive, Newville, PA 17241 15. The facts of the most recent incident of abuse are as follows: On about Tuesday, July 22, 2008 location- Defendant's mothers home in Roeblinig, NJ On or around July 22, 2008 at Defendant's mothers home located on 22 Fourth Avenue, Roebling NJ, Defendant acted in a menacing manner when he struck minor Plaintiff, Jacob Soto, in the face and chest, leaving hand print marks and bruising- A report was made to the Division of Youth and Family Services and the child was seen by a doctor at Division of Youth and Family Services request. 16 Prior incidents of abuse that Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) are as follows: On or around June 15, 2008, Defendant acted in a menacing manner when he grabbed Plaintiffs arm and twisted it and threatened her. Defendant shoved Plaintiff while she was holding minor Plaintiff, Isabella Soto. Defendant's brother called the police and Defendant was arrested for Domestic Violence. Defendant was ordered to undergo an evaluation and was fined. Plaintiff had a mark and bruising on her arm. During the couples' six year relationship, Defendant has been abusive to the children and has a prior investigation through the Division of Youth and Family Services in NJ. Two other incidents resulted in safety plans being established one behalf of the children through Cumberland County Children and Youth Services. Defendant has been abusive to Plaintiff by shoving, punching, hair pulling, bending fingers, destroying property, threatening with bodily injury, grabbing her and twisting her arm. Some of the incidents occurred while Plaintiff was holding minor Plaintiff, Isabella Soto. Defendant has also used a taser on minor Plaintiff, Jacob Soto. Defendant's course of conduct has resulted in Plaintiff's reasonable fear for herself and her children's safety. 17_ (a) Has Defendant used or threatened to use any firearms or other weapons against Plaintiff or the minor childlren? NO (b) Other than the firearms, other weapons or ammunition Defendant used or threatened to use against Petitioner or the minor children, does Defendant, to the best of your knowledge or belief, own or possess any additional firearm, other weapon, ammunition or any firearm license? YES (c) If the answer to (b) above is "Yes", list any additional firearm, other weapon or ammunition owned by or in the possession of Defendant on Attachment A to Petition, which is incorporated by reference into this petition. (d) Plaintiff DOES NOT request that the court order Defendant to relinquish firearms, other weapons or ammunition listed on Attachment A to Petition. 18. The sheriff, police department or law enforcement agency that should be provided with a copy of the protection order are: Pennsylvania State Police 19_ There is an immediate and present danger of further abuse from Defendant. 20. Plaintiff is asking the court to evict and exclude Defendant from the following residence: 104 Deerview Drive, Newville PA 17241 Owned By: plaintiffs' mather - Geraldine Soto Rer_ted By:Rathleen Soto, plaintiff FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL, ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or the minor child/ren in any place where Plaintiff and/or the child/rerz may be found. b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff c. Prohibit Defendant from having any contact with Plaintiff and/or the minor ehild/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. The following persons are Plaintiffs relatives or family and household members that Plaintiff believes require protection from stalking and harassment by Defendant. e. Order Defendant to pay the costs of this action, including filing and service fees, f. Order the following additional relief, not listed above- Defendant shall not damage, destroy or dispose of in any manner, any property jointly by the parties or solely by the plaintiff. g. Grant such other relief as Plaintiff requests and/or the court deems appropriate. h_ Order the police, sheriff or other law enforcement agency to serve Defendant with a copy of this petition, any order issued, and the order for hearing. Plaintiff will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. r- d `c P? KATHLEEN SOTO . . IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSHUA WINKLE DEFENDANT 2008-4865 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, August 15, 2008 , 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, September 16, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special. Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ue, ne 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 ? /ate-v`v --'rt Sd?/ ? ?Nl ]d :c Wd S 1 ON BUZ 3Hi 10 SEP 2 5 2008 KATHLEEN SOTO, Plaintiff V. JOSHUA WINKLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4865 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this day of 08, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Kathleen Soto and the Father, Joshua Winkle, shall have shared legal custody of Jacob Dylan Soto, born October 3, 2002, Alexander Leo Soto, born July 27, 2005, and Isabella Irene Soto, born July 13, 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. 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. 2. Mother shall have primary physical custody of the children. 3. Beginning September 26, 2008, Father shall have supervised visitation with the children, with either of his parents being the supervisor, on alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. 4. Holidays: A. Thanksgiving shall be defined as the period from Wednesday at 6:00 p.m. to Sunday at 6:00 p.m. The parties shall alternate Thanksgiving with Mother always having even numbered years and Father always having odd numbered years. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Mother shall always have Block A and Father shall always have Block B. C. Each party shall be entitled to one full week of physical custody in the summer to be taken in conjunction with their weekend, provided they give the other party 30 days notice and a location and telephone number where the children may be reached. D. Mother shall always have physical custody on July 4th. If Memorial Day and Labor Day fall on Father's alternate weekend, his time shall be extended to Monday at 6:00 p.m. E. Mother's Day/Father's Day. Mother shall always have physical custody of the children on Mother's Day. Father shall always have physical custody of the children on Father's Day. 5. Unless otherwise agreed, transportation shall be shared such that the parties shall meet at the Morgantown Interchange of the Pennsylvania Turnpike. 6. Father shall participate in a parenting class or anger management classes. 7. Neither party may use alcohol or illegal drugs immediately before or during their periods of physical custody. Father shall not use physical discipline on the children. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of is Ord r by mutual consent. In the absence of mutual consent, the terms of this Order all e6Vol. BY THF,.COUR cc!:Fua' u Matas, Esquire, Counsel for Mother Winkle, pro se J 348 Farnsworth Avenue Bordentown, NJ 08505 ?? ?j.? ,?, p. `, ,J `? ??-? `? >_ s- ry` ?' ?.? ? F D ? KATHLEEN SOTO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4865 CIVIL ACTION - LAW JOSHUA WINKLE, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Jacob Dylan Soto October 3, 2002 Mother Alexander Leo Soto July 27, 2005 Mother Isabella Irene Soto July 13, 2007 Mother 2. A Conciliation Conference was held in this matter on September 23, 2008, with the following in attendance: The Mother, Kathleen Soto, with her counsel, Marylou Matas, Esquire, and the Father, Joshua Winkle, pro se by telephone. 3. The Honorable Edward E. Guido entered an Order of Court dated August 15, 2008 in a PFA matter docketed at No. 2008-4742, providing for custody and visitation to occur pursuant to the conciliation process. 4. The parties agreed to an Order in the form as attached. 9-a V -o p Date acq ine M. Verney, Esquire Custody Conciliator COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW KATHLEEN N. SOTO, ) Plaintiff v. ) No.2008-4865 Z~ CD rn i= ) Z = ~ i'T'~ I ~ JOSHUA C. WINKLE, °CJ a --j c-, Defendant ) 3 ? o ~ c=3 D Z = ~rTy Petition for Contempt and Modification 1. Petitioner is Defendant, JOSHUA C. WINKLE, who currently resides at 43 Reliance Court, Telford, Cumberland County, PA 18969. 2. Respondent is Plaintiff, KATHLEEN N. SOTO, who currently resides at 104 Deerview Dr, Newville, Cumberland County, PA 17241. 3. Petitioner and Respondent are the natural parents of the following children: Name Age JACOB D. SOTO 9 years ALEXANDER L. SOTO 6 years ISABELLA I. SOTO 4 years 4. A custody order was entered on September 25, 2008, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Respondent has willfully violated the custody order, as follows: Mother moved out of State without my full knowledge as well as enrolled the children in new schools and failed to inform me as well as I have asked on several occassions far the school records and contact phone numbers for the childrens school and medical records as well as extra curricular activities and the mother has refused to provide me with such information. Our son Jacob Soto is in counseling and the mother has refused to provide me with any records pertaining to the treatment plan or the counselors name. . -110,00 p0 D9-T 6. Petitioner seeks to modify the custody order because: The mother is refusing to elm 0,1673.30 Petition for Contempt and Modification Page 3 of 6 allow me to see or talk to any of my children. I have had the children in my home every other weekend unsupervised for over a year now. The mother showed up at my current residence in Bucks County PA smelling of alcohol and I said something to her regarding taking my children when she has had a few drinks. She said she was fine and that if I pushed the issue she would not allow me to see my children. I let her leave and three days later she told me that we are reverting back to the initial custody order from 2008 and I can not see them for Thanksgiving or Christmas or every other weekend as I had been for the last year. I have made several attempts to call and see my children. The mother refuses to take my calls or allow me to even talk to my children over the phone. I am at least supposed to see my children at my Mothers house every other weekend according to the order and she would not allow that either. The mother has made many threats over the last few months that she is not going to allow me to see the children if I don't follow her demands. It is not a positive thing to put my children through the inconsistency of not seeing their father. I would like to file a modification to have the supervised visits dismissed so I can continue to see my children in my home as we have been doing for a year now with out supervision. . 7. Petitioner believes the custody order should be changed as follows: I would like my children every other weekend in my home in Bucks County without supervision. As I have not had to be supervised with my children in over a year. I would also like block "A" and "B" for Christmas to be modified to every other year as well. . WHEREFORE, Petitioner respectfully requests that this Court find Respondent in contempt of Court and modify the Order as requested. Date: II -15 - 2011 JOSHUA C. W , Defen ant Petition for Contempt and Modification Page 4 of 6 Verification I, JOSHUA C. WINKLE, Defendant, verify that the facts stated in the foregoing Petition a.re true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. ' 4904 relating to unsworn falsification to authorities. Date: JOSHUA C. WINKLE, Defendant Petition for Contempt and Modification Page 5 of 6 On this 18`h day of March 2011 there is an agreed temporary 6 month order that Ka winkle and Priscilla DiFeo will enter into regarding visitation for the three children that JoshuaoWinkhua and Kathleen soto share. (lacob Soto, Alexander Soto and Isabella Soto). Starting on March 25 e ~ three mentioned children will be released to Priscilla Di Feo's care in the home that her and Joshua11 the winkle reside. (43 Reliance Court, Telford PA 18969) for every other weekend. The children are to be under the supervision of Priscilla DiFeo until the 6 months have expired and then a review of the visitation schedule will then be reviewed by all three parties involved (Kathleen Soto,loshua Winkle a Priscilla DiFeo). The 6 month temporary agreement will expire on September 25`h 2011, nd Priscilla DiFe~~ ~ Kathleen Soto Joshua Winkle Commonv.dth of Pannsylvanla CourKY af SIllotlc =.r!,R!;att c;•~:~«;~rt~i~ this 2~ WMMOWWtAi.tFi Uf ekNN5YlVANIA Nocarial Sea' WiNNd S. Oetweiler, NoWry PuWic Towamenan 7wp., montgomery County MY CornmwonEWrE'a Jdn 30 2015 MEMNER oFu"tvnNra nSAMeTaw+ ARlE5 ~ - - ~ - - . - ~ • i I SEP 2 5 2008 ,4 , KATHLEEK SOTO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ' V. : NO. 2008-4865 CIVIL ACTION - LAW i ~ JOSHUA WINKLC, . I Defendant : IN CUSTODY ~ ORDER OF COURT AND NOW, this _2.5- day of consideration of the attached Custody Conc~ iati n Report, it is ordered and dp cted as Ll- follows: 1• Tlie Mother, Kathleen Soto.and the Father, Joshua Winkle, shall have shared legal custody of JACOb Dylan Soto, born October 3, 2002, Alexander Leo Soto, born July 27, 2005, and Isabella Irene Soto, born July 13, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affeeting the Children's geiieral well-being including, but not limited to, al] 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 resideuce address of the children and the other parent. To the extent one parent 11as possession of any such records or information, that parent shall be required to share the same, or copies thereof, with thc other parent within such reasonabie time as to ~ make the records and information of reasonable use to the other parent. Both parents i shall be entiXled to fii(1 pairticipation in all educational and medical/treatment lannin meetiiigs and evaluations with regard to the minor children. Each parent shalpbe entgled I I to fiill and complete information from an h sician, dentist, teacher or authority and i copies of any re ports given t o t h e m a s p a e n t s n c l u d ing, bu t not limited to: medical ; . records, birth certifica t e s, s c h o o l o r e d u c a t i ona l a t ten dance records or report cards. ; Additionally, each parent shall be entitled to receive copies of any notices which come ! fi•om school with regard to school pictures, extracurricular activities, children's arties i musical presentations, back-to-school uights, and the like. p ' i 2. I Mother shall have primary physical custody of the children. ~ 3• Beginning September 26, 2008, Father shall have supervised visitation i with the chiidren, with either of his parents being the supervisor, on alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. 4• Holidays: ' _ , • - - r ~ ' i A. Thanksgiving shall be defined as the period from Wednesday at 6:00 p.m. to Sunday at 6:00 p.m. The parties shall alternate Thanksgiving ~ with Mother always having even numbered years and Father always ~ having odd numbered years. j B. Christmas shall be divided into two BIocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B i shal l be from 12:00 noon Christmas Day to 12:00 noon December 26. Mother shall always have Block A and Father shalt always have Block • j B. ` C. Each party shail be entitled to one full week of physical custody in the suinmer to be taken in conjunction with their weekend, provided they give the other party 30 days notice and a locati.on and telephone number where the children may be reached. D. Mother shail always have pliysical custody on July 4th. If Memorial Day and Labor Day fall on Father's alternate weekend, his time shall be extended to Monday at 6:00 p.m. E. Mother's Day/Father's Day. Mother shall always have physical custody of the children on Mother's Day. Father shall always have physical custody of the children on Father's Day. 5• UnIess otlierwise agreed, transportation shall be shared such that the parties shnll meet at the Morgantown Interchange of the Pennsylvania Turnpike. 6. Father shall participate in a parenting class or anger management classes. 7. Neither party may use alcohol or illegal dnigs immediately before or during their periods of physical custody, g• Father shall not use physical discipIine on the children. 9• 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. f , BY THE COURT, ; ~ 1 J. fi- cc: Marylou Matas, Esquire, Counsel for Mother Joshua Winkle, pro se 348 Farnswoi-th Avenue TR~ CO~''~ FPO~ll REC($Ot~ Bordentown, NJ 08505 In Testimony whereof, I hc-re mto set my hW an he sea of said ur a arlis , Pa. T daY f , . . i ~ I KATHLEEN SOTO, : IN THE COURT Plaintiff : CUMBERLAND COUNTY PENNSYLV A IA ~ V. : NO. 2008-4865 CIVIL ACTION - LAW ~ ~ JOSHUA WINKLE, , Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. . CUSTODY CONCILIATION SUMMARY REppRT IN ACCORDANEE 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 Jacob Dylan Soto October 3, 2002 Alexander Leo Soto July 27, 2005 Mother Isabella Irene Soto July 13, 2007 Mother Mother 2• A Conciliation Conference was held in this matter on September 23 200 ~ witli the following in attendance: The Mother, Kathleen Soto, with her counsel, Marylo u~ I Matas, Esquire, flnd the Father, Joshua Winkle, pro se by telephone. 3• The Honorable Edward E. Guido entered an Order of Court dated August 15, 2008 in a PFA matter docketed at No. 2008-4742, providing for custod visitation to occur pursuant to the conciliation process. yand 4• The parties agreed to an Order in the form as attached. I 9-aY-o P Date acq ~~e M. Verney, Esquire Custody Conciliator ! KATHLEEN N. SOTO IN THE COURT OF COMMON PLEAS OF - c? PLAINTIFF C ) C- CUMBERLAND COUNTY, PENNSYLVAN46a . --- ; _ _ -e rn V. 2008-4865 CIVIL ACTION LAW {?' co C°, JOSHUA C. WINKLE ?' IN CUSTODY t> ? DEFENDANT rv ORDER OF COURT AND NOW, Friday, November 18, 2011 , 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, December 20, 2011 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ac ueKne 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 41?CMl'?ed? o AD - C 1,?,??y "Aedego C>/ 1 ?7 ? o/to A/ lee 3 KATHLEEN N. SOTO, Plaintiff V. JOSHUA C. WINKLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4865 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT ? day of '2011, upon AND NOW, this 020 consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is schedule in Court Ro m No. , of the Cumberland County Court House, on the ay of , 2012, at 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 five days prior to the Hearing date. 2. The Order of Court of the Honorable Edward E. Guido dated September 25, 2008 shall remain in full force and effect with the following modifications. 3. Mother shall notify the children's school, medical doctors and psychiatrist by December 23, 2012 that they shall share records with Father. Mother shall also contact the children's school and list Father as the emergency contact. 4. Mother shall be responsible for all transportation and shall drop off the children at the paternal grandparents (William and Sally Carty) home. 5. Nothing in the prior Order shall prevent Father from exercising his supervised visitation as his home, so long as one of his parents is present. 6. Father's alternating weekend schedule shall begin the weekend of December 30, 2011. 7. Father shall have telephone contact with the children every day and shall initiate the call at 7:00 p.m. If Mother or the children are unavailable, Father shall leave a message and Mother shall return the call within fifteen minutes of Father's call. Mother shall set up Skype capability on her computer by December 27, 2011 so that Father may contact the children via Skype instead of by telephone at the same time and condition as provided above. 8. Neither party may consume alcohol or illegal drugs immediately before or during their periods of partial physical custody and visitation. ). 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 THE COURT J. cc: Abraham Prozesky, Esquire, counsel for Father C-) VKathleen N. Soto, pro se -,,3 N 230 Sykesville Road VIM C- Chesterfield, NJ 08515 r ?Cp;e5 m4jed )13)/a _C?) -v ° TI -i r'n F Urn :;Oc:) ?c) F KATHLEEN N. SOTO, Plaintiff V. JOSHUA C. WINKLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4865 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Jacob Dylan Soto October 3, 2002 Mother Alexander Leo Soto July 27, 2005 Mother Isabella Irene Soto July 13, 2007 Mother 2. A Conciliation Conference was held December 20, 2011 with the following individuals in attendance: The Father, Joshua C. Winkle, with his counsel, Abraham Prozesky, Esquire, and the Mother, Kathleen N. Soto, by telephone, pro se. 3. The Honorable Edward E. Guido previously entered an Order of Court dated September 25, 2008 providing for shared legal custody, Mother having primary physical custody and Father having periods of supervised visitation. Father has filed a Petition for Contempt and Modification. 4. Father's position on custody is as follows: Father seeks shared legal custody and periods of partial physical custody. Father asserts that Mother has denied him his periods of supervised visitation. Father indicates that the parties reached an agreement allowing his wife to be the supervisor for a six month period but as of September, 2011, Mother has insisted on following the custody order of September 25, 2008 wherein Father's parents are the supervisors. Father claims that he has participated in a parenting class, albeit on the internet. Father also maintains that Mother has refused to permit Father to speak to the children over the telephone. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having periods of supervised visitation, with his parents being the supervisor. Mother indicates that the children returned home from Father's home when his wife was the supervisor very stressed. She indicates that Father was found to have physically abused the oldest son. Mother indicates that the oldest son is in counseling. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and making modifications to the Order of September 25, 2008. It is expected that the Hearing will require one-half day. (d -Qb- tl /A , Date cqu 'ne M. Verney, Esquire r Custody Conciliator KATHLEEN N. SOTO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOSHUA C. WINKLE, Defendant NO. 09-4865 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 7u' day of February, 2012, the hearing previously scheduled in the above matter for February 22, 2012, at 9:30 a.m., before the Honorable Edward E. Guido, is hereby rescheduled to Wednesday, April 11, 2012, at 1:30 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania, before the Honorable Christylee L. Peck. Marylou Matas, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Abraham Prozesky, Esq. 674 Stover Court Hummelstown, PA 17036 Attorney for Defendant BY THE COURT, Crj : Q : CD o JJJ < .«.?.' Christylee < . Peck, J. v Jacqueline M. Verney, Esq. - <opy p/aeeel Custody Conciliator :rc 6pp, -, ma-led 'e"41C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN N. SOTO, NO. 2008-4865 Plaintiff, `- 3 V. CIVIL ACTION - LAW it nr_-.' JOSHUA C. WINKLE, <o C Defendant. ACTION IN CUSTODY _Zc ? ) N ; ---t N PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANft TO THE PROTHONOTARY: Please withdraw my appearance as the attorney of record for the Defendant, Joshua C. Winkle, in the above captioned matter. Respectfully 3/1 ?, "?-d 1 Z By: Date Abraham Attorney 674 Stovi PA 17036 Please enter my appearance in the above captioned matter on behalf of Defendant, Joshua C. Winkle. Correspondence may be directed to me at the address below. Respectfully submitted, MOONEY & ASSOCIATES 3 rzo/ Zvi 2 By: Date Jeff R. Lawr c it Attorney for Defendant I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 ¦ KATHLEEN N. SOTO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4865 JOSHUA C. WINKLE, : CIVIL ACTION - LAW Defendant : IN CUSTODY J. PECK ORDER OF COURT AND NOW, this //. day of April, 2012, in consideration of the parties' Interim custody Stipulation and Agreement, it is hereby Ordered as follows: 1. Legal Custody: Mother and Father shall exercise shared legal custody of the children. 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 this paragraph each parent shall be entitled to all records and information pertaining to the children including, but not limited to, school and medical records and information. 2. Physical Custody: Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 a. Mother shall exercise primary physical custody of the children. b. Father shall exercise periods of partial physical custody on alternating weekends, from Saturday at 1:30pm through Sunday at 6pm. Father's periods of custody shall begin April 14, 2012. c. Father's periods of partial physical custody may be extended from Friday at 6pm through Sunday at 6pm, when the minor child, Jacob, has been released from in-home Behavioral Assistance Therapy, currently scheduled weekly, on Saturdays in Mother's home. d. Father's periods of custody shall be supervised by Priscilla DiFeo, who shall provide "eyes-on" supervision at all times. e. The parties agree that the children shall be permitted to go on vacation with the paternal grandparents to Disney in November 2012, despite the interruption of either parent's period of custody, because it is in the best interests of the children for them to enjoy this time. 3. Transportation: The parties shall meet at the Bristol/Levittown Exit to exchange custody of the children for Father's periods of custody. Priscilla DiFeo shall provide transportation for Father's periods of custody. Father shall not participate in any of the custody exchanges. All parties must secure the children in appropriate passenger restraints and/or car seats appropriate for their ages at any time while transporting the children. 4. Counseling: Father shall attend individual anger management classes at Penn Behavioral Health, for a minimum of six sessions, and shall attend these classes until he is successfully discharged with a satisfactory completion from the class manager/therapist. Father shall sign, within two days of execution of this Stipulation or entry of the Order, an authorization for the release of information, so that counsel for Father and Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 counsel for Mother can access information regarding his progress, attendances and successful completion of anger management classes. In addition, Father shall follow all recommendations from the anger management class. 5. Telephone Calls: Mother shall provide the children with a prepaid cellular phone, the purpose of which is for the children to use for emergencies only. The parties shall not restrict the children's access to or use of the phone. The parties agree that the children shall use the phone to contact emergency service providers, either parent, Priscilla DiFeo, and grandparents. 6. Discipline: Neither parent nor any third party caregiver shall use physical discipline on any of the children. The parents and any third party caregivers shall use only appropriate and approved discipline techniques, including time-outs, for all children. No parent shall restrict a child's movement or force feed a child. Each parent shall follow all counselor's recommendations and the recommendations of any behavioral specialists for discipline and behavior modification techniques. Mother shall provide information to Father as she receives that regarding the recommendations and behavior modification. 7. Best Interests: Both parties agree to work together to insure the best interests of the children. Each parent agrees to, at all times, encourage the children to comply with the terms of this Stipulation as it relates to the periods of partial custody to be spent with the party. While in the presence of the children, neither of the parties shall make any remark or do anything that can in any way be construed as derogatory or uncomplimentary to the other, and it shall be the duty of each to uphold Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 the other party as one to whom the children should respect and love. 8. Alcohol/Druas: Neither party shall smoke in any part of a confined area with the children present. Neither party shall drink alcoholic beverages to excess or consume illegal substances when in the presence of the children or prior to exercising custody of the children, and no party shall be under the influence of any illegal influences when in the presence of the children. 9. Telephone Calls: Both parties are expected to use common sense in scheduling telephone calls to talk to the children. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the children or preventing the children from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the children's schedule. Phone calls initiated by a non-custodial parent should be kept to a maximum of twenty minutes, and a maximum of three (3) phone calls per week. 10. If during the custodial parent's periods of custody, the children contact the out of custody parent or an emergency service provider to report that they do not feel safe in that parent's custody, the parents shall speak with each other to assess the situation and determine if the children should be returned to the other parent. In that event, access to the children shall not be denied. The parties agree to use reasonable review when making a determination about whether to retrieve the children from the parent in custody. Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 11. The parties agree to review the terms of this Agreement after Father has successfully completed anger management classes, as detailed in paragraph 4, and a report of successful completion with follow-up recommendations (or not) has been provided to both counsel. This Order is intended to be an Interim Order and a hearing is scheduled for July 19, 2012 to review the terms upon Father's completion of counseling. 12. Relocation: No party shall be permitted to relocate the residence of the children to significantly impair the ability of another person to exercise custody UNLESS every individual who has custody rights to the children consents to the proposed relocation OR the Court has approved the proposed relocation. A person proposing to relocate MUST comply with the notice requirements pursuant to 23 Pa. C.S.A. Section 5337(c). 13. This Order and Agreement supersedes all prior custody Orders in this case. 14. Any modification or waiver of any of the provisions.. of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 15. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 16. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 cc:k/ Marylou Matas, Esquire Attorney for the Plaintiff ? Jeff Lawrence, Esquire Attorney for the Defendant By the Court, J. Peck _ (77? E xY C) ; F ? ;IK KATHLEEN N. SOTO, Plaintiff V. JOSHUA C. WINKLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4865 CIVIL ACTION - LAW IN CUSTODY J. PECK INTERIM STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between KATHLEEN N. SOTO (hereinafter referred to as "Mother") and JOSHUA C. WINKLE (hereinafter referred to as "Father") WHEREAS, the parties are the natural parents of the following three (1) children: Jacob Dylan Soto, DOB 10/3/2002; Alexander Leo Soto, DOB 7/27/2005; Isabella Irene Soto, DOB 7/13/2007; WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their children; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1. Leaal Custody: Mother and Father shall exercise shared legal Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 custody of the children. 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 this paragraph each parent shall be entitled to all records and information pertaining to the children including, but not limited to, school and medical records and information. 2. Physical Custody: a. Mother shall exercise primary physical custody of the children. b. Father shall exercise periods of partial physical custody on alternating weekends, from Saturday at 1:30pm through Sunday at 6pm. Father's periods of custody shall begin April 14, 2012. c. Father's periods of partial physical custody may be extended from Friday at 6pm through Sunday at 6pm, when the minor child, Jacob, has been released from in-home Behavioral Assistance Therapy, currently scheduled weekly, on Saturdays in Mother's home. d. Father's periods of custody shall be supervised by Priscilla DiFeo, who shall provide "eyes-on" supervision at all times. e. The parties agree that the children shall be permitted to go on vacation with the paternal grandparents to Disney in November 2012, despite the interruption of either parent's period of custody, because it is in the best interests of the children for them to enjoy this time. 3. Transportation: The parties shall meet at the Bristol/Levittown Exit Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 to exchange custody of the children for Father's periods of custody. Priscilla DiFeo shall provide transportation for Father's periods of custody. Father shall not participate in any of the custody exchanges. All parties must secure the children in appropriate passenger restraints and/or car seats appropriate for their ages at any time while transporting the children. 4. Counselina: Father shall attend individual anger management classes at Penn Behavioral Health, for a minimum of six sessions, and shall attend these classes until he is successfully discharged with a satisfactory completion from the class manager/therapist. Father shall sign, within two days of execution of this Stipulation or entry of the Order, an authorization for the release of information, so that counsel for Father and counsel for Mother can access information regarding his progress, attendances and successful completion of anger management classes. In addition, Father shall follow all recommendations from the anger management class. 5. Telephone Calls: Mother shall provide the children with a prepaid cellular phone, the purpose of which is for the children to use for emergencies only. The parties shall not restrict the children's access to or use of the phone. The parties agree that the children shall use the phone to contact emergency service providers, either parent, Priscilla DiFeo, and grandparents. 6. Discipline: Neither parent nor any third party caregiver shall use physical discipline on any of the children. The parents and any third Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 party caregivers shall use only appropriate and approved discipline techniques, including time-outs, for all children. No parent shall restrict a child's movement or force feed a child. Each parent shall follow all counselor's recommendations and the recommendations of any behavioral specialists for discipline and behavior modification techniques. Mother shall provide information to Father as she receives that regarding the recommendations and behavior modification. 7. Best Interests: Both parties agree to work together to insure the best interests of the children. Each parent agrees to, at all times, encourage the children to comply with the terms of this Stipulation as it relates to the periods of partial custody to be spent with the party. While in the presence of the children, neither of the parties shall make any remark or do anything that can in any way be construed as derogatory or uncomplimentary to the other, and it shall be the duty of each to uphold the other party as one to whom the children should respect and love. 8. Alcohol/Drugs: Neither party shall smoke in any part of a confined area with the children present. Neither party shall drink alcoholic beverages to excess or consume illegal substances when in the presence of the children or prior to exercising custody of the children, and no party shall be under the influence of any illegal influences when in the presence of the children. Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 9. Telephone Calls: Both parties are expected to use common sense in scheduling telephone calls to talk to the children. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the children or preventing the children from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the children's schedule. Phone calls initiated by a non-custodial parent should be kept to a maximum of twenty minutes, and a maximum of three (3) phone calls per week. 10. If during the custodial parent's periods of custody, the children contact the out of custody parent or an emergency service provider to report that they do not feel safe in that parent's custody, the parents shall speak with each other to assess the situation and determine if the children should be returned to the other parent. In that event, access to the children shall not be denied. The parties agree to use reasonable review when making a determination about whether to retrieve the children from the parent in custody. 11. The parties agree to review the terms of this Agreement after Father has successfully completed anger management classes, as detailed in paragraph 4, and a report of successful completion with follow-up recommendations (or not) has been provided to both counsel. This Order is intended to be an Interim Order and a hearing is scheduled for July 19, 2012 to review the terms upon Father's completion of counseling. 12. Relocation: No party shall be permitted to relocate the residence of the children to significantly impair the ability of another person to exercise custody UNLESS every individual who has custody rights to the children consents to the proposed relocation OR the Court has approved the proposed relocation. A person proposing to relocate MUST comply with the notice requirements pursuant to 23 Pa. C.S.A. Section 5337(c). Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 13. This Order and Agreement supersedes all prior custody Orders in this case. 14. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 15. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 16. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: DATE DATE KATHLEEN N. SOTO JOSHUA C. WINKLE The undersigned counsels for the parties have reviewed the Stipulation and the terms therein with their respective clients, who are in agreement with the terms and understand the provision of the Stipulation. Date: 'I I t I / Z02- Jeff L , &quW Attorney for Joshua C. Winkle, Defendant Date: l -u/ Z ., - A" Ma ;M tas, EsqLhtd Attorney athleen N. Soto, Plaintiff Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 KATHLEEN SOTO, IN THE COURT OF COMMON PLEA$ OF Plaintiff CUMBERLAND COUNTY, PENNSYLVP?NIA V. JOSHUA WINKLE, CIVIL ACTION - LAW Defendant NO. 2008-4865 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of July, 2012, this being t time and place set for a review of the prior agreement that t e parties had entered into to resolve the Petition for Contempt, and it being apparent to the Court at this time that the parties cannot agree to continue to resolve it without a hearing in this matter, and it being further indicated to the Court that both parties desire a modification of the custody of the children and that they may be filing petitions for modification of the custody of the children, this matter is hereby continued. The Petition for Contempt filed by the Defendant and any subseque t petitions for modification of the custody of the children shall be heard on Friday, September 14th, 2012, beginning at 9:30 a m. This hearing is expected to last one day. Both counsel will file pretrial memoranda five days prior to the hearing. By the Court, V'Marylou Matas, Esquire 26 West High Street Carlisle, PA 17013 For the Plaintiff '? Jeff R. Lawrence, Esquire 2 South Hanover Street Carlisle, PA 17013 For the Defendant 1 f h e,_5 Ma, -led )eye.,- 1 ? I Christylee L. Peck, J. ? _ rn - r' a c- , Z: C) DO KATHLEEN N. SOTO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 20084865 , = C= JOSHUA C. WINKLE, : CIVIL ACTION — LAW -O:r Defendant : IN CUSTODY`' V3. � J. PECK C:) $'C'i PETITION FOR EMERGENCY RELIEF _ AND NOW, comes Plaintiff, Kathleen N. Soto, by and through her attorney, Marylou Matas, Esquire, and files this Petition for Emergency Relief and in support thereof avers as follows: 1. Petitioner is Kathleen N. Soto, an adult individual currently residing at 230 Sykesville Road, Chesterville, New Jersey (hereinafter referred to as "Mother.") 2. Respondent is Joshua C. Winkle, an adult individual whose current whereabouts are unknown but whose last known address was 43 Reliance Court, Telford, Pennsylvania (hereinafter referred to as "Father.") 3. The parties currently are subject to an Order of Court, dated September 14, 2012, regarding their three children: Jacob Dylan Soto, DOB 10/3/2002; Alexander Leo Soto, DOB 7/27/2005; Isabella Irene Soto, DOB 7/13/2007. A copy of said Order is attached hereto and incorporated herein by reference as Exhibit A. 4. Pursuant to the current Order, Mother exercises primary physical custody of the Law Offices of children, with Father's periods of custody of Jacob suspended and his periods of Sa.idis Sullivan custody with Alexander and Isabella occurring on alternating weekends only. & Rogers 5. On or about Friday, April 5, 2013, Mother learned from Father's fiance, Priscilla 26 West High Street Carlisle,rn 17013 DiFeo, that Father left his home and did not return. 6. Father's fiance initially filed a missing person's report with local police on Saturday, April 6, 2013. A copy of the fiance's Facebook post, dated April 9, 2013, confirming 03 �° P� op that Father was missing as of that date, is attached and incorporated herein as Exhibit B. 7. Upon further investigation by Father's fiance, she discovered that Father left their home with approximately $3,000.00 cash, a .22 shotgun, and minimal personal property items; he and his fiance were due to be married on April 13, 2013 but Father did not return for the ceremony. 8. Mother has learned from local police that they have made contact with the children's school to advise of Father's actions in the event he appears to try to remove them from school, out of concern for their safety. 9. Father's last contact with any of the children was Easter Sunday, March 31, 2013, at which time the younger two children participated in a visit with Father. 10.A review of Father's fiance's Facebook post as of April 30, 2013 indicates that she is moving from their home in Telford, PA, and that Father appears to be still unaccounted for, given her statement that she has "no more kid laughter, no more feeling safe at night as he once wrapped his arms around tightly around me, no more good morning kisses." A copy of this post is attached hereto and incorporated by reference as Exhibit C. 11. Father and,Mother participated in a child support conference on or about March 7, 2013, at which time Father showed up approximately one hour late. 12. Father is approximately $4438 in arrears on his child support matter owing to Mother. Law Offices of Saidis A copy of the Pennsylvania DPW child support lien search, dated May 1, 2013, is Sullivan attached hereto and incorporated herein by reference as Exhibit D. & Rogers 26 West High Street 13. Mother is concerned that Father's recent actions indicate his instability and lack of Carlisle,PA 17013 concern for the children. 14. Mother is concerned that without an Order granting her sole legal and sole physical custody, Father may attempt to remove the children from their locations at any time r � t without Mother's permission and without the approval of the Court, and that she will have limited means to restrict his ability to do so. 15. Mother is concerned for the children's safety, given Father's current actions and access to firearms, which have caused law enforcement to alert school personnel and Mother to be aware of his presence. 16. Father has a demonstrated history of violent behavior toward Mother and the children, as evidenced by the entry of a three year Protection from Abuse Order, entered in the Court of Common Pleas of Cumberland County, docketed to 2008- 4742. A copy of the final PFA is attached hereto and incorporated hereto as Exhibit E. 17. Father has been represented in these custody proceedings by Jeffrey Lawrence, Esquire. A copy of this Petition has been forwarded to his counsel of record, who has indicated that he is unable to contact his client and therefore is unable to-state a position with regard to the relief requested. WHEREFORE, Petitioner requests your Honorable Court to issue an Emergency Order granting her sole legal and sole physical custody. Respectfully submitted, SAIDIS, SULLIVAN'& ROGERS Date: S/ Z�1 By:. Law Offices of .. Sa�idis Marylou atas, -squire Attorney Id. 84919 Sullivan 26 West High Street & Rogers Carlisle, Pennsylvania 17013 26 West High Street (717) 243-6222 Carlisle,PA 17013 Attorney for Plaintiff, Kathleen N. Soto ' r 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. �-1 _ 1 _ KATHLEEN SOTO Date- 9 KATHLEEN N. SOTO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4865 JOSHUA C. WINKLE, : CIVIL ACTION — LAW Defendant : IN CUSTODY J. PECK CERTIFICATE OF.SERVICE This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name &Address Means of Service Date of Service Jeff Lawrence, Esquire email and regular mail May 2013 Mooney &Associates 2 South Hanover Street Carlisle, PA 17013 Marylou M t s, Esquire Attorney ID 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: S�i ,�j� Counsel for Plaintiff, Kathleen N. Soto Law Offices,of Saidis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 i° Y KATHLEEN N. SOTO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4865 JOSHUA C. WINKLE, : CIVIL ACTION—LAW Defendant : IN CUSTODY J. PECK CUSTODY ORDER AND NOW, this 10 day of September, 2012, pursuant to an agreement of the parties, it is hereby ordered and directed as follows: 1. Legal Custody: a. The parties shall exercise shared legal custody of the children. 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 this paragraph each parent shall be entitled to all records and information pertaining to the children including, but not limited to, school and medical records and information. Mother shall exercise the ability to make day to day decisions as they affect the children. 2. Physical Custody: a. Mother shall exercise primary physical custody of all children. b. Father's periods of custody with the oldest child, Jacob, shall be temporarily suspended, pending the recommendation of a licensed psychiatrist and/or psychologist who has evaluated the child, including any therapist the child may be meeting with at Kennedy Memorial and Twin Oaks Out-Patient Program in New Jersey. c. Father shall exercise periods of partial physical custody with Alex and Isabella on alternating weekends from Friday at 6pm through Sunday at 6pm. d. Father and the two minor children, Alex and Isabella, shall participate in therapeutic family counseling and follow all recommendations of the counselor with regard to other parties' involvement and any additional recommendation. Father shall initiate the counseling within ten (10) days of the date,of this Order. In the event Father EXHIBIT does not, his periods of custody with Alex and Isabella shall revert to supervised visitation. e. If Father chooses to seek a second opinion for Jacob's therapy he may do so and Mother shall execute all consents necessary. f. The Parties shall make a good faith effort at family group decision making. g. The parties shall follow the Holiday Schedule included in their September 25, 2008 custody order. 3. Transportation: The custody exchanges shall take place at the exit 351 of the Pennsylvania Turnpike commonly referred to as the Bensalem exit. The actual exchange location shall be at a public place as agreed by the parties. Priscilla DiFeo shall provide transportation for Father's periods of custody. Father shall not participate in any of the custody exchanges. All parties must secure the children in appropriate passenger. restraints and/or car sets appropriate for their ages at any time while transporting the children. 4. Telephone Calls: Mother shall provide the children, Alex and Isabella, with prepaid cellular phone(s), the purpose of which is for the children to use for emergencies only. The parties shall not restrict the children's access to or use of the phone. The parties agree that the children shall use to the phone to contact emergency service providers, either parent, Priscilla DiFeo, and grandparents. 5. Discipline: Neither parent nor any third party caregiver shall use physical discipline on any of the children. The parents and any third party caregivers shall use only appropriate and approved discipline techniques, including time-outs, for all children. No parent shall restrict a child's movement or force feed a child. Each parent shall follow all counselor's recommendations and the recommendations of any behavioral specialists for discipline and behavior modification techniques. Mother shall provide information to Father as she receives that, regarding the recommendations and behavior modification. 6. Best Interests: Both parties agree to work together to insure the best interests of the, children. Each parent agrees to, at all times, encourage the children'to comply with the terms of this Order as it relates to the periods of partial custody to be spent with the d I b party. While in the presence of the children, neither of the parties shall make any remark or do anything that can in any way be construed as derogatory or uncomplimentary to the other, and it shall be the duty of each to uphold the other party as one to whom the children should respect and love. 7. Alcohol/Drugs: Neither party shall smoke in -any part of a confined area with the children present. Neither party shall drink alcoholic beverages to excess or consume illegal substances when in the presence of the children or prior.to exercising custody of the children, and no party shall be under the influence of any illegal influences when in the presence of the children. 8. Telephone Calls: Both parties are expected to use common sense in scheduling . telephone calls to talk to the children. Both parties. are hereby directed to refrain from preventing the parent who may be calling from talking to the children or preventing the children from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the children's schedule. Phone calls initiated by a non-custodial parent should be kept to a maximum of twenty minutes, and i a maximum of three (3) phone calls per week. If during the custodial parent's periods of custody,.the children contact the out of custody parent or an emergency service provider to. report that they do not feel safe in that parent's custody, the parents shall speak with each other to assess the situation and determine if the children should be returned to the other parent. In that event, access to the children shall not be denied. The parties agree to use reasonable review when making a determination about whether to retrieve the children from the parent in custody. 9. Review: The parties agree to review the terms of this Order after any recommendations made by a licensed psychologist/psychiatrist regarding the child, Jacob's, behavior, mental health status and his relationship with.the Father, as detailed in paragraph 2. This Order is intended to be an Interim Order. Neither party is prevented from filing a Petition for Modification upon a change of circumstances. 10. Relocation: No. party shall be permitted to relocate the residence of the children to I significantly impair the ability of another person to exercise custody UNLESS every individual who has custody rights to the children consents to the proposed relocation OR I the Court has approved the proposed relocation. A person proposing to relocate MUST comply with the notice requirements pursuant to 23 Pa. C.S.A. Section 5337(c). BY THE COURT, Date: Christylee L.Peck, J. �!FTl rTi 7x' N < C �7 I TRUE COQ"(FROM RECORD and in Testimony Whereof,l here unto set my and the seal of said Court at Carlisle— 0 _ This day ofC:�✓ . - p rothonotary does not, his periods of custody with'Alex and Isabella shall revert'to supervised visitation. e. If Father chooses to seek a second opinion'for Jacob's therapy he may do so and Mother shall execute all consents necessary. f. The Parties shall make a good faith effort at family group decision making. g. The parties shall follow the Holiday Schedule included-in their September 25, 2008 custody order. 3. Transportation: The custody exchanges shall take place at the exit 351 of the Pennsylvania Turnpike commonly referred to as the Bensalem exit. The actual exchange location shall be at a public place as agreed by the parties. ' f on or . Y. . All parties must secure' the children in appropriate passenger restraints and/or car sets appropriate for their ages at any time while transporting the children. •4. Telephone Calls: Mother shall provide the children, Alex and Isabella, with prepaid cellular phones), the purpose of which is for the children to use for emergencies only. The parties shall not restrict the children's,access to or use of the phone. The parties agree that the children shall use to the phone to contact emergency service providers, either parent, Priscilla DiFeo, and grandparents. 5. Discipline: Neither parent nor any third party caregiver shall use physical discipline on any of the children. The parents and any third. party caregivers shall use only appropriate and approved discipline techniques, including time-outs, for,all children. No 1 parent shall restrict a child's movement or force feed a child. Each parent shall follow all counselor's recommendations and the recommendations of any behavioral specialists r for discipline and behavior modification techniques. Mother shall provide information to Father as she receives that, regarding the recommendations and behavior modification. 6. Best Interests: Both parties agree to work.together to insure the best interests of the I children. Each parent agrees to, at all times, encourage the children`to comply with the , terms of this Order as it relates to the periods of partial custody to be spent with,the _ v n I i Jeff R. Lawrence, Esq. MOONEY&ASSOCIATES 2 South Hanover Street I Carlisle, PA 17013 Attorney for Defendant :rc Mobile Uploads Page 1 of 1 Search for people,places and things Hannah White-Gibson Find Friends Home Mobile Uploads Friend Requests See All Martin Borkowski Back to Album•Priscilla's Photos Priscilla's Timeline Previous•Next 9 mutual friends Confirm Friend Wuren Elizabeth Gibson mutual friend Confirm Friend a ¢ Sponsored See All An award-winning smile Save on great P&G 1$} products awarded Best New Product by Better Homes and Gardens. 1 Rule for a Fiat Belly Melt away 23 Ibs of belly s fat in a month by id following this 1 easy diet ' '' rule. Shellback Rum > Fine Handcrafted � Caribbean Rum.its time f ' to upgrade to the Sheiback way of life. Weight WatcherYJ Online weightwatchers.corn Get info&resources to x follow the Weight Watchers plan completely online.Sign Up Now! sr x Centrump Take care of yourself 4 with Centrump Flavor Burst'"thews.Take with or without water. Like 131,488 people like Centrum. Priscilla DiFeo Missing Since Friday April 6th from the Telford PA area.Joshua Winkle,34 yr old Album:Mobile Uploads male.Last seen in a 1996 GMC Jimmy,hunter green.If anyone knows anything Shared with: Pubic please contact your local authorities.We just want him home safe.Please share _... _. this photo.---with Stacey N Rich Schnure. Open Photo Viewer Share•April 9 via n>obile Download near Telford,PA Report 3 people like this. 536 shares Jim Daneker Hope he is ok and found safe! Apri 9 at 10:06pm via mobile- 3 Priscilla DiFeo Thank you! April 10 at 6:32am Bonnie Kerr Sandy i am praying for you Priscilla i just read this ust' now,..no words April 10 at 4:57pm• 1 Priscilla DiFeo Thank you April 10 at 5:41pm About Create Ad Create Page Developers Careers Privacy Cookies Terms Help Facetwok ic;2013•English(US) EXHIBIT https://www.facebook.com/Phebeshelpinghands?sk=wall&filter=3 4/25/2013 Priscilla DiFeo Page 2 of 5 Search for people,places and;h n Hannah White-Gibson Find Fria — – 15 hours ago via mobile Add Friend _, Beverly Sackitey That's the crazy part,the middle can be so long. 15 hours ago Priscilla DiFeo Yeah I'm getting that.Loi.By the end of the summer all this will be x » worth it.I got that goal an will make it happen. 14 hours ago via mobile Priscilla DiFeo U just messaged me.III respond there.Lol 1.4 hours ago via mobile Priscilla DiFeo r Saturday via mobile .r A. Thank you so much for ALL helped out today! I can't thank you enough!God has blessed me with some awesome friends!—with Sam Grillo Jr.and 4 others. Share 10 people like this. Places Priscilla DiFeo shared I will always love You.You taught me how to love,but *" not how to stop's photo. Harleysville Hotel--with Stacey N Rich Saturday ' Schnure. about a week ago I agree! Calvary Church about a week ago Castrol Premium Lube Express(Colmar,PA) T that p about a week ago Why is it p eople Sands Casino-South Bethlehem,Pa. say r � 1J �.iC te about 2 weeks ago strung word, yet they throw dove, around like its nothing. Share Michael McDermott likes this. Priscilla DiFeo Saturday near Telford,PA via mobile Up with the roosters today!Today I leave the once happy home behind,its now just a dwelling. No more kid laughter,no more feeling safe at night as he once wrapped his arms tightly around me, no more good morning kisses.Packing this house an EXHIBIT finding once live memories are now old memories that will be tucked away in my mind.Today is the first day of the rest of my life! 1 Chat(3) https://www.facebook.com/Phebeshelpinghands?sk=wall&filter=3 4/30/2013 'Priscilla DiFeo Page 3 of 5 Search for people,places and thin§bare Hannah White-Gibson Find Fri+ 3 people like this. Add Friend Brenda Lacy!T see you after wurk.Text rite you,addiess,i furyei how to yet Lhete. Saturday at 7:33am via mobile Priscilla DiFeo Ok.Np. Saturday at 7:44am via mobile Jordan 3 Roc Schrauger yall better behave...muah! Saturday at 8:13am• 2 Brenda Lacy We always behave Saturday at 8:14am via mobile Jordan J Roc Schrauger YEAH RITE.HA. Saturday at 8:15am, I Priscilla DiFeo Behave?I'm freaking moving.How much trouble could we possibly get into?Lol.Muah back at yal Saturday at 8:18am via mobile, 1 I Jordan J Roc Schrauger you two together is not recommended... Saturday at 8:19am• 2 Brenda Lacy Hahaha! Places Saturday at 8:21am via mobile• 1 Priscilla DiFeo Only at the range Harleysville Hotel—with Stacey N Rich Saturday at$:40am via mobile 1 Schnure. about a week ago George Smart Home,home at the Range..... Saturday at 10:33am Priscilla DiFeo Lol. Calvary Church Saturday at 10:36am via mobile €Herres about a week ago d Tania Brei Hey let me know if you need help. Saturday at 7:42pm via mobile, 1 Castroi Premium Lube Express(Colmar,PA) Priscilla DiFeo Thx Chica but were done.Just got cleaning tomorrow.Thx though love about a week age Saturday at 8:11 pm via mobile Tania Brei Yeah sry I didn't see your post earlier otherwise I would have come right after work e a,e Sands Casino-South Bethlehem,Pa. Saturday at 8:19pm via mobile about 2 weeks ago Priscilla DiFeo Its totally cool we got all of it. Saturday at 8:34pm via mobile Priscilla DiFeo Just got cleaning left tomorrowl Saturday at 8:35pm via mobile Priscilla DiFeo April 26 near Telford,PA via mobile So much to do an just not enough time! Guess its what I get for procrastinating this week Share 2 people like this. View 1 more comment _"_1 Jim Daneker Still want help tomorrow morning? XVApril 26 at 9:14pin• 1 Stacey N Rich Schnure Sorry I can't be there.... April 26 at 10:48pm via mobile- 1 Priscilla DiFeo Yes Jimmy!11 am an Stacey its OK hun.Have fun an enjoy urself!Love u April 26 at 10:55pm via mobile• i Chat(3) https://www.facebook.com/Phebeshelpinghands?sk--wall&filter=3 4/30/2013 Pennsylvania Child Support Program Page 1 of 1 PA Child Support Program Lien Search Results Pant Print All As of 30 APR-13 The information provided by this Internet site does not constitute an official certification by the Department of Public Welfare of the amount of support arrears. Certifications oLf„ny�,;r,A.:n,aRVG.oU MAIAS arrears amounts must be obtained from the local Domestic Relations Sections under 23 Pa.C.S. S 4352(d.1)(3)and (7).The Department of Public Welfare is not liable if the information provided by this Internet site is incorrect or out of date. The information provided by this Internet site does meet the requirements for insurance intercept purposes defined under 23 Pa.C.S.4308.1(a)and (b).The arrears balance returned under the search criteria may be utilized to process the insurance intercept action.The Department of Public Welfare is not liable if the information provided by this Internet site is incorrect or out of date.An Insurance Intercept may be disputed in accordance with 23 Pa.C.S.4308.1(h) and must be based on a mistake in the amount of overdue support, or a mistake in the identity of the obligor. Your Search Criteria Last Name: winkle First Name: joshua Social Security Date of Birth: Number: Return To Liens Search SI. Last Name First Name Middle Initial Date of Birth County Case ID Arrears Balance - .—— — —.. -----.........�1_. _.._...—e — 1 WINKLE JOSHUA C 11115/1978 BUCKS 688110150 4437.77 Records 1-1 of 1 Lien Entries EXHIBIT I L https://www.humanservices.state.pa.us/CS WS/lien_controller.aspx?Pageld=DocketLien%2f... 5/1/2013 R a • L Kathleen Nicole Soto, and on behalf of.minor : IN THE COURT OF COMMON children, Jacob Dylan Soto and : PLEAS OF Isabella Irene Soto, : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. No. 2008-4742 Joshua Christian Wink_ le ' CIVIL ACTION-LAW Defendant ' PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Joshua Christian Winkle Defendant's Date of Birth: November 15, 1979 Defendant's Social Security Number: 008-66-6367 Names and Dates of Birth of All Protected Persons,including Plaintiff and minor _children: -Names Dates of Birth 1. Kathleen Nicole Soto .April 30, 1982 2. Jacob Dylan Soto October 3,2002 3. Alexander Leo Soto July 27,2005 4. Isabella Irene Soto July 13,2007 Plaintiff or Protected Person(s)is/are: [X] spouse or former spouse of Defendant [X] parent of a child with Defendant [X] current or former sexual or intimate partner with Defendant [X] child of Plaintiff [X] child of Defendant { ] family member.related by blood (consanguinity)to Defendant [ ] family member related'by marriage or affinity to Defendant [ ] sibling (person who shares parenthood) of Defendant [X] current or former cohabitant(person who lives with)Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: EXHIBIT . Plaintiff appeared personally and is represented by: Grace E. f' a' D'Ald . Defendant appeared personally and is unrepresented. AND NOW, this 15th Day of August,2008 the court having jurisdiction over the parties and the subject-matter,it is ORDERED, ADJUDGED and DECREED as follows: This order is entered by agreement w thout an admission.Without regard as to how the order was entered, this is a final order of court st bject to full enforcement pursuant to the Protection From Abuse Act. Plaintiffs reques for a final protection order is granted. 1.Defendant shall not abuse, stalk, harass,threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place here they might be found. 2.Defendant is completely evicted and excluded from the residence at: 104 Deerview Dr.,Newville, A 17241 or any other residence where Plaintiff or any other person protected under this order may live. Exclusive possession of the residence is granted to Plaintiff.Defendant shall have no right or privilege to a ter or be present on the premises of Plaintiff or any other person protected under this order. 3.Defendant is prohibited fromving ANY CONTACT with Plaintiff either directly or indirectly, or any other pet-,on protected under this order, at any location,including but not limited to any contact at Plaintiffs or other protected party's school,business, or place of employment. 4.Defendant shall not contact Plaintiff,either directly or indirectly, or any other person protected under this order,by telephone or by any other means,including through third persons. 5.The following additional relie is granted as authorized by §6108 of the Act: e sb+c)('�y C"r\c) VL6, on 6hc. occt-k�owAs c dtdc�r�C� 4- � a.n ch� KQ-. co nclAvXhO, "4. c c� o rea _� Ccut+�'h ZV(w P k-A11(-1 h f� 'n s►�,t l cv�- cL U&I- -Defendant shall not damage,destroy or dispose of in any manner,any property h-,D) owned jointly by the parties or solely by the plaintiff. Qyt It vs Qncfive. O&J_XA. s' ' ' 1 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police 7. All provisions of this order shall expire in 3 years on August 15,2011. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO$1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT,WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(g). THIS ORDER IS ENFORCEABLE IN ALL FIFTY(50) STATES,THE DISTRICT OF COLUMBIA,TRIBAL LANDS,U.S.TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.0 §§2261- 2262.IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR ANBVIUNITION. 18 U.S.C. §922(g)(8). NOTICE TO SHERIFF,POLICE AND LAW ENFORCEMENT OFFICIALS The police and sheriff who have jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located, shall enforce this order.The court shall have jurisdiction over any indirect criminal contempt proceeding,either in the county where the violation occurred or where this protective order was entered. An arrest for violation of paragraphs 1 through 4 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police or any sheriff. 23 Pa.C.S.A. §6113. Subsequent to an arrest, and without the necessity of a warrant, the police officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession that were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. The Sheriff of Cumberland County shall maintain possession of the firearms, other weapons or ammunition until further order of this court. When Defendant is placed under arrest for violation of this order,Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer,sheriff OR Plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged,Defendant shall be arraigned, bond set,if appropriate and both parties given notice of the date of the hearing. BY THE 9/1 r1 r' Date Edward E. Guido,Judge Entered pursuant to the consent of Plaintiff and Defendant: A(11111. g�s•oe �� 8�is-�� athleen Soto, Date Joshua Date Plaintiff arae- , a ' . CY D'Alo Date tto ey for Plaintiff enn Legal Services 401 East Louther Street Carlisle PA 17013 Distribution to: r MidPenn Legal Services, Attorney for Plaintiff �_RUE COPY PRO Joshua Winkle,Pro Se Defendant at ��- � . ill r .. v at i, 10r Faxed and Mailed to PSP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN SOTO, NO. 2008-4865 .. Plaintiff, VS. CIVIL ACTION-LAW ' r 70 JOSHUA WINKLE, Defendant. ACTION IN CUSTODY :X MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT .� AND NOW, comes Petitioner, Jeff R. Lawrence, Esquire, and files this Petition to Withdraw as Counsel for Defendant,whereof the following is a statement,to wit: 1. Petitioner is Jeff R. Lawrence, Esquire, counsel of record for the Defendant, Joshua Winkle. 2. Respondent is Joshua Winkle,the Defendant in the above-captioned action. 3. Good cause exists under Rule 1.16 of the Rules of Professional Responsibility (204 Pa. Code 81.4)for Petitioner to withdraw as counsel of record. 4. Respondent retained Petitioner on or about February 8,2012. 5. Since then Respondent has incurred fees for services provided by Petitioner in the amount of approximately$5,317.70. 6. Despite numerous attempts by Petitioner to collect monies, Respondent has refused to pay Petitioner for services rendered. 7. It is burdensome to Petitioner to continue to represent Respondent in the above- referenced action. 8. On information and belief,withdrawal will not delay any stage of the litigation. 9. Respondent and opposing counsel, Marylou Matas, Esquire have been notified of Petitioner's intent to seek the Court's permission to withdraw from the above-captioned action. 10. Opposing Counsel has indicated that she concurs with this Motion to Withdraw as Counsel for Defendant. WHEREFORE, Jeff R. Lawrence, Esquire, requests leave of Court to withdraw his appearance as counsel of record for Joshua Winkle in the above-captioned case. Respectfully submitted, MOONEY&ASSOCIATES By: Jeff1Z. L nc , s Attorn ey r Defendant I.D.# 209725 2 South Hanover Street Carlisle,PA 17013 (717)243-4770 VERIFICATION I verify that the statements contained in the foregoing Motion to Withdraw as Counsel for Defendant are true and correct based on my personal knowledge or information and belief. I understand that false statements are subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 5-8-2013 Jeff R. L n u' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN SOTO, NO. 2008-4865 Plaintiff, VS. CIVIL ACTION-LAW JOSHUA WINKLE, Defendant. ACTION IN CUSTODY CERTIFICATE OF SERVICE I, Jeff R. Lawrence, Esquire, attorney for the above Defendant, hereby certify that on this 8`h day of Maw, 2013, 1 have forwarded a copy of the Motion to Withdraw as Counsel, in the above- captioned action to the following individuals by regular U.S.Mail as set forth below: Joshua Winkle 43 Reliance Court Telford, PA 18969 Marylou Matas, Esquire Saidis, Sullivan &Rogers, P.C. 26 West High Street Carlisle, PA 17013 Respectfully submitted, MOONEY&ASSOCIATES B • Jeff R. Lai c , s ui Attorney or efendant I.D. # 209725 2 South Hanover Street Carlisle,PA 17013 (717)2434770 KATHLEEN N. SOTO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4865 JOSHUA C. WINKLE, : CIVIL ACTION — LAW Defendant : IN CUSTODY J. PECK PRAECIPE TO SUBSTITUTE ORIGINAL VERIFICATION TO THE PROTHONOTARY: Please substitute the attached verification in the Petition for Emergency Relief for the above referenced matter. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Date: 5I Z�! ' , I L 6& Marylou Matas, Esquire Attorney Id. 84919 26 West High Street f- --j Carlisle, Pennsylvania MI-TI (717) 243-6222 Attorney for Plaintiff Kathleen N. ' cad' t°a CA) ' Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 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. L, /3 KATHLEEN SOTO KATHLEEN N. SOTO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW JOSHUA C. WINKLE, Defendant NO. 08-4865 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 7`" day of May, 2013, upon agreement of counsel, this matter is referred to the custody conciliation process and the Court Administrator is requested to facilitate and expedite this matter. BY THE COURT, Christ�lee L. Peck, J. - Ma lou Matas Es q. .q 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff � Jeff R. Lawrence, Esq. MOONEY & ASSOCIATES 2 South Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc > Sl4/l3 CD S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN SOTO, NO. 2008-4865 Plaintiff, vs. CIVIL ACTION - LAW JOSHUA WINKLE, Defendant. ACTION IN CUSTODY ORDER OF COURT And Now, this 13,-�Vb day of l , 2013, upon consideration of the Motion to Withdraw as Counsel for Defendant filed by Jeff R. Lawrence, Esquire, a Rule is issued on the Defendant to show cause why the relief requested should not be granted. This Rule is to be returned within �3 D days after it has been served on the Defendant. If no response is filed by the Defendant, counsel shall be permitted to withdraw as counsel of record for the Defendant. BY THE COURT, fz-e< J. CD Cfiryrr :r 4.� ..max... M � cc: f R. Lawrence, Esquire CD c F; 5_,Karylou Matas, Esquire r , Joshua Winkle, Defendant ra ��} KATHLEN N. SOTO : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVATg V. 2008-4865 CIVIL ACTION LAW CD JOSHUA C. WINKLE C:) IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday,May 17,2013 —, upon consideration of the attached Complaint, it is hereby directed that pat-ties and their respective counsel appear before Jacqueline.M.Verney, Esq.,the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Tuesday,June 18,2013 1:30 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/ fa!EqueKne M. Verney, Es Custody Conciliator The Court of Corninon 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 out-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 a;4�J Lsu,),� 17-rv%y a4y . . > £ ,s ,err f is LIF THE PROTHONOTA, 2013 JUN 14 AM -9: 4 5 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA KATHLEEN SOTO, NO. 2008-4865 Plaintiff, VS. CIVIL ACTION-LAW JOSHUA WINKLE, Defendant. ACTION IN CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, Jeff R. Lawrence, Esquire, and files this Motion to Make Rule Absolute,whereof the following is a statement, to wit: I Petitioner is Jeff R. Lawrence, Esquire, counsel of record for the Defendant, Joshua Winkle. 2. Respondent is Joshua Winkle, the Defendant in the above-captioned action. 3. On May 8, 2013, Petitioner filed a Motion to Withdraw as Counsel in the above- referenced action. 4. Petitioner notified Respondent and opposing counsel, Marylou Matas, Esquire of his intent to withdraw and provided them with a copy of the aforesaid Motion to Withdraw as Counsel on May 8, 2013. 4. On May 13, 2013 this Honorable Court entered an Order of Court wherein a Rule was issued Plaintiff and Defendant to respond to Petitioner's Motion in 30 days. 5. A responsive pleading, objection, or the like has not been filed by either party. 6. As no objection has been filed by Plaintiff or Defendant, Petitioner requests the Court to permit his withdraw as counsel in the above-captioned action. WHEREFORE, Jeff R. Lawrence, Esquire, requests leave of Court to withdraw his appearance as counsel of record for Joshua Winkle, Defendant in the above-captioned case. Respectfully submitted, MOONEY& ASSOCIATES By: Jeff R. Lawr e Attorney for Defendant I.D. # 209725 2 South Hanover Street Carlisle,PA 17013 (717)243-4770 VERIFICATION I verify that the statements contained in the foregoing Motion are true and correct based on my personal knowledge or information and belief. I understand that false statements are subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: Imo[ 1 kot C7 Jeff R. La quire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN SOTO, NO. 2008-4865 Plaintiff, vs. CIVIL ACTION-LAW JOSHUA WINKLE, Defendant. ACTION IN CUSTODY CERTIFICATE OF SERVICE I, Jeff R. Lawrence, Esquire, attorney for the above Defendant, hereby certify that on this 14" day of June , 2013, I have forwarded a copy of the Motion to Make Rule Absolute, in the above-captioned action to the following individuals by regular U.S. Mail as set forth below: Joshua Winkle 40 Richard Street Richford, VT 05476 Marylou Matas, Esquire Saidis, Sullivan &Rogers, P.C. 26 West High Street Carlisle, PA 17013 Respectfully submitted, MOONEY &ASSOCIATES C By: Jef R. La s Attorney or Defendant I.D. # 209725 2 South Hanover Street Carlisle, PA 17013 (717)243-4770 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN SOTO, NO. 2008-4865 Plaintiff, vs. CIVIL ACTION-LAW JOSHUA WINKLE, Defendant. ACTION IN CUSTODY ORDER OF COURT And Now, this day of A � , 2013, upon consideration of the Motion to Make Rule Absolute filed by Jeff R. Lawrence, Esquire, it is hereby ordered and decreed that Jeff R. Lawrence, Esquire is granted leave by the Court and his request to withdraw his appearance as counsel of record for Joshua Winkle, Defendant in the above-captioned case is granted. BY THE COURT, J. -i cc: Jiff R. Lawrence, Esquire ;'yarylou Matas, Esquire - + - -"Joshua Winkle fl (L * KATHLEEN N. SOTO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO.2008-4865 CIVIL ACTION-LAW JOSHUA C.WINKLE, : Defendant : IN CUSTODY ORDER OF COURT AND NOW;this e�&)t day of . _ �,.�� , 2013, upon consideration of the attached Custody Cond iatio Report,eport, it is ordered and directed as follows: 1. The prior Order of Court dated September 14, 2012 is hereby vacated and replaced with the following. 2. The Mother,Kathleen N. Soto, shall have sole legal custody of Jacob Dylan Soto, born October 30, 2002,Alexander Leo Soto, born July 27, 2005 and Isabella Irene Soto, born July 13, 2007. 3. Mother shall have sole physical custody of the children. 4. RELOCATION: No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 5. This Order is entered pursuant to an agreement of the parties at a C �d Conciliation Conference. The parties may modify the provisions of this Order byJ y-rn consent. In the absence of mutual consent,the terms of this Order shall control. Wiz, - r- �A BY THE COURT, - p -- j J. cc arylou Matas, Esquire, Counsel for Mother Jeffrey Lawrence, Esquire, Counsel for Father TIM KATHLEEN N. SOTO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4865 CIVIL ACTION - LAW JOSHUA C. WINKLE, Defendant : IN CUSTODY PRIOR JUDGE: Christylee L. Peck,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.; Jacob Dylan Soto October 3, 2002 Mother Alexander Leo Soto July 27, 2005 Mother Isabella Irene Soto July 13, 2007 Mother ~ ' 2. A Conciliation Conference was held in this matter on June 18, 2013,-,with the following in attendance: The Mother, Kathleen N. Soto, with her counsel, Marylou Matas, Esquire. Father, Joshua C. Winkle, did not attend. His counsel, Jeffrey Lawrence, Esquire was notified of the conference but did not attend as he had no contact with Father. 3. The Honorable Christylee L. Peck previously entered an Order of Court dated September 14, 2012,providing for shared legal custody, Mother having primary physical custody with Father having alternating weekends with the two younger children. Mother filed for Emergency Relief which was referred to Conciliation by Order dated May 7, 2013. 4. Mother requested an Order in the form as attached. V Date acq ine M. Vsq uire Custody Conciliator