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HomeMy WebLinkAbout08-5487Codi M. Tucker GUIDA LAW OFFICES, P.C. 11 I Locust Street Harrisburg, PA 17101 (717) 236-6440 CHARLES MOLLICA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ? ?qS / l: l u cl. / ??-? ? l YING FEI MOLLICA, CIVIL ACTION - LAW Defendant CUSTODY COMPLAINT FOR CUSTODY Plaintiff, Charles Mollica, through his attorneys the GUIDA LAW OFFICES, P.C. and Codi M. Tucker, hereby petitions this Court for custody of his minor child. In support thereof, Plaintiff offers the following: 1. The plaintiff is Charles Mollica, residing at 303 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Ying Fei Mollica, whose permanent address is 303 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: Name Present Address DOB IL Nash 303 East Main Street 12/27/06 Mechanicsburg, PA The child was born in wedlock. The child is presently in the custody of Charles Mollica, who resides at 303 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. During the past five years, the child has resided with the following persons and at the following addresses: Person Address Dates Charles Mollica 303 East Main Street Birth- Ying Fei Mollica Mechanicsburg, PA 17109 Present The mother of the child is Ying Fei Mollica, whose permanent residence is at 303 East Main Street, Mechanicsburg, Cumberland County, PA. She is married but separated. The father of the child is Charles Mollica currently residing at 303 East Main Street, Mechanicsburg, Cumberland County, PA. He is married but separated. 4. The relationship of the plaintiff to the child is that of father. The plaintiff currently resides at 303 East Main Street, Mechanicsburg, Cumberland County, PA 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Plaintiff and minor child 6. Plaintiff has not participated in other litigation concerning the custody of the child in this court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because Mother has been staying out all night and not returning home for days at a time. Mother has left the minor child alone at home. Further, Father will cooperate with Mother to provide periods of custody. 8. Each parent whose parental rights to the child which have not been terminated and the person who has physical custody of the child have been names 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 child will be given notice of the pendency of this action and the right to intervene: there are no persons who are known or claim a right to custody. Wherefore, Plaintiff requests the court to grant him primary physical custody of the child subject to Defendant's periods of visitation. Codi M. Tucker, Esquire Attorney for Plaintiff GUIDA LAW OFFICES, P.C. 114 Locust Street Harrisburg PA 17101 717-236-6440 I, Charles Mollica verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATE: U D C- _ - !u f_ 7w c? ? -?r - °m -ts 't3 N ?c Codi M. Tucker, Esquire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 guidalaw@verizon.net CHARLES MOLLICA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ??• Sr?{g! ?lv YING FEI MOLLICA, CIVIL ACTION -LAW Defendant CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF Petitioner, Charles Mollica, by and through his attorneys, Guida Law Offices, P.C. and Codi M. Tucker, petitions this court and respectfully requests that this Court enter an Order prohibiting either party from removing the minor child from the State of Pennsylvania, pending a conciliation on Petitioner's petition. In support thereof Petitioner offers the following: 1. Plaintiff/Petitioner is Charles Mollica who currently resides at 303 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania. ! . 4 2. Defendant/Respondent is Ying Fei Mollica, whose permanent residence is 303 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania. However, Respondent often spends nights away from the marital residence. 3. The parties are the natural parents of Nash James Ying Mollica, born December 27, 2006. 4. The parties do not have an existing custody order. 5. Respondent is not a United States citizen; she is a citizen of China. 6. The parties are currently married, however they are separated. 7. Respondent has expressed her wishes to return to China and take the parties' minor child with her. 8. Respondent purchased a ticket to return to China. 9. Parties' have applied for a passport for the minor child, which to Petitioner's knowledge has not been received. 10. Petitioner is concerned that Respondent will remove the child from the State of Pennsylvania without his knowledge or consent. WHEREFORE, Petitioner respectfully requests that this court enter a temporary order prohibiting either party from removing the minor child from the State of Pennsylvania pending conciliation on his Emergency Petition for Special Relief. Respectfully submitted, Guida Law Offices, P.C. Date: U? By Cod W. Tucker 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Attorneys for Plaintiff/Petitioner . , r ., 1 I, Charles Mollica verify that the statements made in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATE: 91 !U ?,- A % CERTIFICATE OF SERVICE I, Codi Tucker, Esquire, of Guida Law Offices, P.C., attorney for the Petitioner, Charles Mollica, hereby certify that I have served a copy of the foregoing Emergency Petition for Special Relief on the following on the date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Ying Fei Mollica 303 East Main Street Mechanicsburg, PA 17055 Date Guida Law Offices, P.C. B Codi Tucker, Esquire 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Attorneys for Petitioner/Plaintiff 44 - crs ? :LL ? O a F r 3 C CHARLES MOLLICA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. YING FEI MOLLICA DEFENDANT 2008-5487 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 18, 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, October 21, 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 uellne 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 viNvA-MN43 1 0 :S Nd 8 ! 83S OOOZ Ktlvly 10,Ai- t Hi ?o • . • VP 17 2008 CHARLES MOLLICA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUrN?TY, PENNSYLVANIA V. NO. ?8 - syS / Y1NG FEI MOLLICA, CIVIL ACTION -LAW Defendant CUSTODY ORDER AND NOW, this K*- day of 5;V???,2008, upon consideration of Charles Mollica's Emergency Petition for Special Relief, neither party shall be permitted from removing Nash James-Ying Mollica from the State of Pennsylvania pending further Order of Court. An expedited Custody Conciliation Conference shall be scheduled. R J. Distribution: Xodi Tucker-111 Locust Street, Harrisburg, PA 17101 ,,ling Fei Mollica- 303 East Main Street, Mechanicsburg, PA 17055 I%p I E.S /'rid C L?\ 9 19/oe 4 U, g5 3 f 01 Q CV Codi Tucker, Esquire GUIDA LAW OFFICES 111 Locust Street Harrisburg 717-236-6440 PA 17101 CHARLES MOLLICA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5487 YING FEI MOLLICA, CIVIL ACTION - LAW Defendant CUSTODY PRAECIPE TO WITHDRAW PETITION IN CUSTODY CASE To the Prothonotary: Kindly withdraw the Petition for Custody, in the above captioned Custody case. L- ? Codi Tucker, Esquire Attorney for Petitioner 717-236-6440 GUIDA LAW OFFICES 111 Locust Street Harrisburg PA 17101 c:n C:D t! 4 .C7' ? 4 t ` w r in Y y .1 .W CHARLES MOLLICA : IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION -CUSTODY YING FEI MOLLICA DEFENDANT : NO. 08-5487 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 CHARLES MOLLICA PLAINTIFF VS YING FEI MOLLICA DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -CUSTODY NO. 08-5487 PETITION FOR CUSTODY CONCILIATION AND NOW, this 10th day of September 2009, comes the above-named Plaintiff, Charles Mollica, by and through his attorney, Gail Guida Souders, Esquire, and respectfully requests that this Honorable Court schedule a Custody Conciliation. In support thereof, the following is averred: 1. On September 16, 2008, Petitioner filed a Complaint for Custody and an Emergency Petition for Special Relief. See Exhibit A 2. On September 18, 2008, there was a court order scheduling custody conciliation for October 21, 2008. See Exhibit B 3. The Emergency. Petition for Special Relief was granted by This Honorable Court on September 19, 2009. See Exhibit C 4. The parties have reconciled in the Fall of 2009. 5. The custody conciliation was rescheduled with Jacqueline M. Verney, Esquire several times. 6. On January 7, 2009, Petitioner filed a Praecipe to Withdraw the Custody Complaint. See Exhibit D. 7. Since there is an existing emergency custody order stating that an expedited custody conciliation hearing is to be scheduled, Petitioner requests conciliation in this matter to establish a custody order. See Exhibit B 8. Petitioner is requesting an expedited scheduling of a Pre-Hearing Custody Conference to establish at least an order since the parties are separating and Respondent is planning on taking the child with her against Petitioner's wishes. WHEREFORE, Petitioner requests that the Court gr t e pedited hearing. Gail Guida Souders Attorney for Petitioner Guida Law Offices, P.C. 111 Locust Front Street Harrisburg, PA 17101 717-236-6440 Supreme Court ID # 68740 CHARLES MOLLICA, IN THE COURT OF COMMON PLEAS plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. Dg- Sg97 ti2-^? YING FEI MOLLICA, CIVIL ACTION - LAW Defendant CUSTODY ORDER AND NOW, , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear at the Cumberland County Courthouse, One Courthouse Square, before the conciliator, at on the day of , 2008, at -m., for a Pre-Hearing Custody Conference. At such conference, and 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. Children need not be present unless specifically requested by the conciliator. Failure to appear at the conference may provide grounds entry of a temporary or permanent order. For The Court Date By Custody Conference Officer The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICES 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Exhibit A Codi M. Tucker GUIDA LAW OFFICES, P.C. 11 I Locust Street Harrisburg, PA 17101 (717) 236-6440 CHARLES MOLLICA, Plaintiff V. YING FEI MOLLICA, Defendant C o = ,i -r - 3 CX1 -C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW CUSTODY COMPL.A N-T FOR CUSTODY Plaintiff, Charles Mollica, through his attorneys the GUIDA LAW OFFICES, P.C. and Codi M. Tucker, hereby petitions this Court for custody of his minor child. In support thereof, Plaintiff offers the following: 1. The plaintiff is Charles Moliica, residing at 303 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Ying Fei Mollica, whose permanent address is 303 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: Name Present Address DOB Exhibit A Nash 303 East Main Street 12/27/06 Mechanicsburg, PA The child was born in wedlock. The child is presently in the custody of Charles Mollica, who resides at 303 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. During the past five years, the child has resided with the following persons and at the following addresses: Person Address Dates Charles Mollica 303 East Main Street Birth- Ying Fei Mollica Mechanicsburg, PA 17109 Present The mother of the child is Ying Fei Mollica, whose permanent residence is at 303 East Main Street, Mechanicsburg, Cumberland County, PA. She is married but separated. The father of the child is Charles Mollica currently residing at 303 East Main Street, Mechanicsburg, Cumberland County, PA. He is married but separated. 4. The relationship of the plaintiff to the child is that of father. The plaintiff currently resides at 303 East Main Street, Mechanicsburg, Cumberland County, PA Exhibit A 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Plaintiff and minor child 6. Plaintiff has not participated in other litigation concerning the custody of the child in this court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because Mother has been staying out all night and not retuming home for days at a time. Mother has left the minor child alone at home. Further, Father will cooperate with Mother to provide periods of custody. 8. Each parent whose parental rights to the child which have not been terminated and the person who has physical custody of the child have been names 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 child will be given notice of the pendency of this action and the right to intervene: there are no persons who are known or claim a right to custody. Wherefore, Plaintiff requests the court to grant him primary physical custody of the child subject to Defendant's periods of visitation. Exhibit A Codi M. Tucker, Esquire Attorney for Plaintiff GUIDA LAW OFFICES, P.C. 114 Locust Street Harrisburg PA 17101 717-236-6440 Exhibit A I, Charles Mollica verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATE: °(liol? V FOR PLAINTIFF Exhibit A n N C m 0 Codi M. Tucker, Esquire - --3 cn Guida Law Offices, P.C. ? 111 Locust Street ? ;- Harrisburg, PA 17101 (717) 236-6440 ? o guidalaw@verizon.net c CHARLES MOLLICA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PENT 'NSYLVANIA V. NO. YING FEI MOLLICA, CIVIL ACTION -LAW' Defendant CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF Petitioner, Charles Mollica, by and through his attorneys, Guida Law Offices, P.C. and Codi M. Tucker, petitions this court and respectfully requests that this Court enter an Order prohibiting either party from removing the minor child from the State of Pennsylvania, pending a conciliation on Petitioner's petition. In support thereof Petitioner offers the following: 1. Plaintiff/Petitioner is Charles Mollica who currently resides at 303 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania. Exhibit A 2. Defendant,'Respondent is Ying Fei Mollica, whose permanent residence is 303 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania. However. Respondent often spends nights away from the marital residence. 3. The parties are the natural parents of Nash James Ying Mollica, bom December 27, 2006. 4. The parties do not have an existing custody order. 5. Respondent is not a United States citizen; she is a citizen of China. 6. The parties are currently married, however they are separated. 7. Respondent has expressed her wishes to return to China and take the parties' minor child with her. 8. Respondent purchased a ticket to return to China. 9. Parties' have applied for a passport for the minor child, which to Petitioner's knowledge has not been received. 10. Petitioner is concerned that Respondent will remove the child from the State of Pennsylvania without his knowledge or consent. WHEREFORE, Petitioner respectfully requests that this court enter a temporary order prohibiting either party from removing the minor child from the State of Pennsylvania pending conciliation on his Emergency Petition for Special Relief. Respectfully submitted, Guida Law Offices, P.C. Exhibit A 1 Date: ? By: Co i M. Tucker 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Attorneys for Plaintiff/Petitioner Exhibit A I, Charles Mollica verify that the statements made in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. C E LL CA DATE: !J 1r' A ORNE FOR PLAINTIFF Exhibit A CERTIFICATE OF SERVICE I, Codi Tucker, Esquire, of Guida Law Offices, P.C., attorney for the Petitioner, Charles Mollica, hereby certify that I have served a copy of the foregoing Emergency Petition for Special Relief on the following on the date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Ying Fei Mollica 303 East Main Street Mechanicsburg, PA 17055 Guida Law Offices, P.C. Date: By: Codi Tucker, Esquire 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Attorneys for Petitioner/Plaintiff Exhibit A CHARLES MOLLICA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-5487 CIVIL ACTION LAW YING FEI MOLLICA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, September 18, 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, October 21, 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 temporan 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/ , jacgueline M. Verney, Esq. ?t J 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 YOL 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 TR1.1 r. .. R., _ . ,? In Test ; _ r head and the s<. ;, a Pa. This day o y e.. Exhibit B ?'?'?'?i.?..... •. Protflonotary _ (J-l CHARLES MOLLICA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PEN-NSYLVANIA NO. ?S - S'Y87 YING FEI MOLLICA, CIVIL ACTION -LAW Defendant CUSTODY ORDER AND NOW, this day of , 2008, upon consideration of Charles Mollica's Emergency Petition for Special Relief, neither party shall be permitted ?rom removing Nash James-Ying Mollica from the State of Pennsylvania pending further Order of Court. An expedited Custody Conciliation Conference shall be scheduled. B' J. t -3 R Distribution: Codi Tucker- 111 Locust Street. Harrisburg, PA 17101 Ying Fei Mollica- 303 East Main Street. Mechanicsburg. PA 17() 55 Exhibit C r ? Codi Tucker, Esquire GUIDA LAW OFFICES 111 Locust Street Harrisburg PA 17101 717-236-6440 CHARLES MOLLICA, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5487 YING FEI MOLLICA, CIVIL ACTION -LAW Defendant CUSTODY PRAECIPE TO WITHDRAW PETITION IN CUSTODY CASE To the Prothonotary: Kindly withdraw the Petition for Custody, in the above captioned Custody case. AL - -- Codi Tucker, Esquire Attorney for Petitioner 717-236-6440 GUIDA LAW OFFICES 111 Locust Street Harrisburg PA 17101 Exhibit D C r? ? w Exhibit D CHARLES MOLLICA IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION -CUSTODY YING FEI MOLLICA DEFENDANT NO. 08-5487 CERTIFICATE OF SERVICE I hereby certify that on September 10, 2009, I served a copy of the Petition for Custody Conciliation upon Abraham Prozesky and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403. Service by U.S. Mail to: Abraham Prozesky Attorney for Ying Fei Mollica Mid Penn Legal Services 401 East Louther Street Carlisle, PA 17013 Gail Guida Souders, Esq ire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Dated: September 10, 2009 F1LEC4-- W FRICE OF THE PROTHONOTARY 2009 SEP 10 Psi 3: 0.14 17 ?4 ack ?6 s- /Z 4t 6,4 3 CHARLES MOLLICA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. YING FEI MOLLICA DEFENDANT 2008-5487 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 15, 2009 , 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 Count?Courthouse, Carlisle on Wednesday, September 23, 2009 at 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/ ac ueline M. Verne Es q. 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 CAF The E ? J4 ,J.k,OTA??Y 2039 SEP 16 PI-1 2: 12 CLIIII 3 MAR 0 2 2010 ? CHARLES MOLLICA : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5487 ? CIVIL ACTION - LAW YING FEI MOLLICA, Defendant : IN CUSTODY YING FEI MOLLICA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5630 CIVIL ACTION - LAW CHARLES J. MOLLICA, : IN CUSTODY Defendant o o s ORDER OF COURT c' ;? E 3 ,YJA AND NOW, this day of , 2010, upconsideration of the attached Custody Conciliation Report, it is ordered and dire 4d aj&'- follows: cn '' The dockets in the above matters are hereby consolidated. 2. The Father, Charles Mollica and the Mother, Ying Fei Mollica, shall have shared legal custody of Nash James Ying Mollica, born December 27, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 child including, but not limited to medical, dental, religious or school records, the residence address of the child 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 child. 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. 3. The parties shall have shared physical custody of the child. On Week 1, Mother shall have physical custody overnights on Mondays, Wednesdays and Fridays to Monday with Father having physical custody overnights on Tuesdays and Thursdays. On Week 2, Father shall have physical custody on Mondays, Wednesdays and Fridays to Monday, with Mother having physical custody overnights on Tuesdays and Thursdays. The exchange time shall be 6:00 p.m. unless otherwise agreed by the parties. 4. Each party shall have physical custody of the child for two non- consecutive weeks in the summer provided they give the other party 30-days prior notice and disclosure of where the child will be and a telephone number where he can be reached. Said weeks shall coincide with a parent's weekend schedule. 5. In the event that the custodial parent is in need of a babysitter for more than three hours, they shall notify the non-custodial parent and offer said babysitting opportunity to the custodial parent. 6. The parties shall share holidays as agreed. 7. Transportation shall be shared as agreed by the parties. The parties shall have liberal telephone contact with the child. 9. The child may not be removed from the country without the prior consent of both parents or by Order of Court. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY T COUR J. cc:(?ail Guida Souders, Esquire, Counsel for Father -Jeffrey M. Cook, Esquire, Counsel for Mother f 3 jk j?a CHARLES MOLLICA Plaintiff V. YING FEI MOLLICA, Defendant YING FEI MOLLICA, Plaintiff V. CHARLES J. MOLLICA, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5487 CIVIL ACTION - LAW IN CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5630 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nash James Ying Mollica December 27, 2006 shared 2. A Conciliation Conference was held in this matter on March 2, 2010, with the following in attendance: The Father, Charles Mollica, with his counsel, Gail Guida Souders, Esquire, and the Mother, Ying Fei Mollica, with her counsel, Jeffrey M. Cook, Esquire. 3. The parties agreed to an Order in the form as attached. Date: 3 a -l UJa eline M. Verney, Esquire Custody Conciliator