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HomeMy WebLinkAbout04-2790 . , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA RAUL AMAYA Civil Action At Law---Custody Case No.~J7df<=> C!.\"c.,\.l-'-~ Plain tiff, VS. TERESA AMAYA, Hefendant, COMPLAINT FOR CUSTODY 1. The plaintiff is Raul Amaya, residing at 108 South 16th St. Camp Hill Pennsylvania 17011, County of Cumberland. 2. The defendant is Teresa Amaya, whose current residence Bellbrook Apartments, 426 Brook Circle, Mechanicsburg, PA. 17055 in the County of Cumberland. 3. Plaintiff seeks custody ofthe following children: Name Thalia Amaya Gema Amaya Justin Amaya Address same as father's same as father's same as father's dob 3/20/1992 199511/15/ 04/14/1989 A1!.e 12 years 9 years 1 5 years 4. The children were born within wedlock. 5. The children are presently in the custody of Raul Amaya whose current residence is 108 South 16th Street, Camp Hill, P A. 17011. 6. Since May 30th 2004 the children have resided with the father at the aforementioned address. '. , unknown. 8. The mother is separated from the father, plaintiff and but is currently married to the same. 9. The father of the child is Raul Amaya and is currently residing at 108 South 16th Street, Camp Hill, PA. 17011. 10. The father is separated hut currently remains married from the mother, and Defendant. 11. The relationship of the plaintiff to the children is that of a biological Father. The Plaintiff currently resides with the following persons: Name Thalia Amaya Gema Amaya Justin Amaya Relationship Daughter Daughter Son same as father's same as father's same as father's 12. The plaintiff has not participated as a party or witness, or in another capacity, in any other litigation concerning the custody of the child in this or another court. 13, The plaintiff has no other information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 14. 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 children. 15. The best interest and permanenl welfare of the child will be served by Granting the relief requested for the reasons as hereinafter recited: ~ . ". (a) The mother unilaterally left the marital residence and left the children in the sole custody of father without providing to the father any forwarding information relative to her address and destination. (b) The father since the mother's departure has been and continues to be the primary caretaker and caregiver to the children and provides for all of the childrens' basic necessities. (c) Father continues to reside in the home within which the children have become accustomed, familiar and comfortable the location of which is in an area where they have established a network of friends, both within and outside of their school. (d) The mother does not have a stable residence and/or lifestyle to raise the children and ensure their autonomy and provide for their necessities of daily life. (e) Plaintiff, believes and therefore avers that he can provide a predictable and stable lifestyle for which, the children can once again become accustomed and which will be in the best interest of the child during his formative years and throughout his life. WHEREFORE, Plaintiff, Raul Amaya, respectfully requests for the aforementioned reasons, that the court grant and award him primary physical custody of the children. DATED: 6/9/2004 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. & 4904 relating to unsworn falsification to authorities Date:_6-7- 0'( 72.. ./ J4 ~ Raul Amaya, Plaintiff ~~~ o 0 ~ ll: Ci R () -u v t P::- -.0 ~ ;!-+- ~J- ~ 1--' C) ,......" ?; c-:; r' . s;: ~-l~ (__ ~;J _1 r:-? -j -.,'. -..j RAUL AMAYA PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-2790 CIVIL ACTION LAW TERESA AMAYA DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 22, 2004 , upon consid,eration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday" August 03, 2004 at 12,00 PM for a Pre-Hearing Custody Conference. At such conference, an effort wi11 be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existin~: Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Dawn S. .\lunday, Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is requir,ed 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 oflice. 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 ~im ~ ~ ~ "(7.h<"~ .~ ~ ~~ /JO.[:C,? .~ ~:z. 'P"<'l'V~,) ~ /,0 f:'r '7 r '\ iF"; ~ C'-\f\l::d \/1' .I\i-(' ~I\'''>. '..' ,....". '.. " ",:..1/. "P,'':"'':~!:^~nJ I" '(tl}'"., l\..U\ ',_ Z S :2! Hd S Z r.:nr ~OOl -H' JO ' .. r',"!, I _I ..; "'.'\'I!']'iO:iLU.:.0 ~ .L /." '.. .,":" ' ;^-O~ll~ J:)I::bu .:J ,~ IN THE COURT OF COMMON PLEAS CUMB1B:RLAND COUNTY COMMONWEALTH OF PENNSYLVANIA RAUL AMAYA, Civil Adion At Law---Custody Plaintiff, Case No: 04-2790 VS. TERESA AMAYA, Defendant, STlPlTI ,A TlON FOR F,NTRV OF A N A~RKF,n ORnF,R OF ClTSTOnV THIS STIPULATION AND AGREEMENT entered into this 17th day ofJune 2004, by and between Raul Amaya, (hereinafter referred to as ("Father") and Teresa Amaya, (hereinafter refereed to as ("Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father are the natural parents of the following children, by the name of Thalia Amaya, Gema Amaya, Justin Amaya (hereinafter rderred to as ("Children"), and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the children. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties to this agreement. I. The Father shall have PRIMARY PHYSICAL CUSTODY of the Children. 2. The parties shall have SHARED LEGAL CUSTODY of the Children. 3. The Mother shall have PARTIAL PHYSICAL CUSTODY AS outlined hereinafter. 4. Mother shall have Custody of the children for (2) consecutive weeks during the childrens summer vacation to be chosen by mother as her schedule shall allow. 5. Father shall have Custody of the Children for (2) consecutive weeks during the summer vacation provided it does not conflict with mothers two week period. 6. Mother shall have one (I) weekend per month with the children for the purposes of custody. 7. Father shall have Primary Physical custody of the children; at all other times that mother does not have custody of the children pursuant to the terms of this agreement. (a) The holidays shall be divided as the parties may agree. (b) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (c) The parties can agree to expand the levels of custody beyond what is provided within the framework of this agreement as they may mutually agree from time to time. Neither party shall restrict the other party's periods of custody as outlined within this agreement unless BOTH parties verbally agree to such a restriction. Notwithstanding, the verbal agreement of BOTH parties to periods of less custody, than provided within this agreement the party agreeing to less custody shall be entitled to rescind, such agreement at any time after consent has been given and insist that the terms, conditions, and restrictions contained within this agreement as to periods of custody be enforced as they are presented within the agreement. (d) The parties memorialize their acceptance of this agreement, and intending to be legally bound by the terms of this agreement affix their signatures hereunder. Dated: 7 /J 3/0 'i GRlWORY S. HAZLETT ATTORNEY AT LAW IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. _1/ -""-- Q A ' Raul Amaya - -t-"c 7- JI -ott Date ~;1~{j a~l$lf/u Teresa Amaya 2-17- tiC; ate .~ "-' C~ (--::..~ J:- "- C'.:: I- f') o ""T1 ~:>l [1'J-- -.-,m .'-:9 (~;~) ~)?~ ;-':;,m ~:-l '">.~ ::h ..< -T; f,-, (/1 {,;'1 , v JUl 2 8 7004 ~ IN THE COURT OF COMMON PLEAS CUMilJERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA RAUL AMAYA, Civil Action At Law---Custody Plaintiff, Case No: 04-2790 VS. TERESA AMAYA, Defendant, ORDER OF COURT AND NOW, this Ll. ' ,day of~, 2004, upon presentation of the foregoing Stipulation For Entry of an Agreed Order of Custody, execuled by and between RAUL AMAYA, (Father) and TERESA AMAYA, ( Mother) as to the custody of Thalia Amaya, Gema Amaya, and Juslin Amaya, (hereinafter referred to as (children). IT IS ORDERED THAT: (a) This agreement shall replace all any and all other previous Orders issued by this or any other Court relating to the Custody of the aforementioned children. 1. The Father shall have PRIMARY PHYSICAL CUSTODY of the Children. 2. The parties shall have SHARED LEGAL CUSTODY of the Children. 3. The Mother shall have PARTIAL PHYSICAL CUSTODY as outlined hereinafter. 4. Mother shall have Custody of the children for (2) consecutive weeks during the children's summer vacation to be chosen by mother as her schedule shall allow. 5. Father shall have Custody of the Children for (2) consecutive weeks during the sununer vacation . '..I:~i("\ .. IV 9 I :8 lPJ L Z In!' 'iOOZ ),j'..:'\10;c,;C!-Ll.OHd :JH.i .:10 provided it does not conflict with mothers two week period. 6. Mother shall have one (I) weekend per month with the children for the purposes of custody. 7. Father shall have Primary Physical custody of the children; at all other times that mother does not have custody of the children pursuant to the terms of this agreement. <a) The holidays shall be divided as the parties may agree. (b) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (c) The parties can agree to expand the levels of custody beyond what is provided within the framework of this agreement as they may mutually agree from time to time. Neither party shall restrict the other party's periods of custody as outlined within this agreemenl unless BOTH parties verbally agree to such a restriction. Notwithstanding, the verbal agreement of BOTH parties to periods of less custody, than provided within this agreement the party agreeing to less custody shall be entitled to rescind, such agreement at any time after consent has been given and insist that the terms, conditions, and restrictions contained within this agreement as to periods of custody be en~Drced as they are presented within the agreement. (d) The parties memorialize their acceptance of this agreement, and intending to be legally bound by the terms of this agreement affix their signatures hereunder. BY THE COURT, .44 J. AUG 0 5 2004 ~ RAUL AMAYA Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-2790 CIVIL ACTION LAW TERESA AMAYA Defendant IN CUSTODY ORDER AND NOW, this 3rd day of AUl!ust. 2004 , the conciliator, being advised by plaintiff s counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference sc:heduled for August 3, 2004, is cancelled. FOR THE COURT, (()~~/' Dawn S. Sunday, Esquir Custody Conciliator Vii\JV/\l!\Sh:r\L3d JJJinc,r; C' ',,",':Iino L I :Z lid S- :;fW ~UOZ f Ul.il'-""'W 10' 'd 3H.L' -In AD\', 1..,.,I\lVi u. t1 ....v 301:L~O-0311:J II I RAUL AMAYA, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA Plaintiff VS. : NO. 04-2790 TERESA AMAYA, : CIVIL ACTION - LAW : IN CUSTODY Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT lllRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TillS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 II RAUL AMAYA, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA Plaintiff VS. : NO. 04-2790 TERESA AMAYA, : CIVIL ACTION - LAW : IN CUSTODY Defendant NOTICIA USTED HA smo DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificaion por cualquier dinero reclamado en la demand a 0 por cualquier otra queja 0 compensacion rec1amados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABODAGO, VA Y A 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA A VERlGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 RAUL AMAYA, PlaintiffnRespondent : IN THE COURf OF ~ PLEAS : OF ClMBERlAND COUN1Y, P A VS. : NO . 04 - 2 7 9 0 TERESA AMAYA, Defendant IPet i t ioner :CIVIL ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NO~ TO WIT, this ~day of &rl~k?~~ 2004 comes the DefendantIPetitioner, Teresa Amaya, by and through her attorney, Jane M. Alexander, Esquire, and files this Petition for Modification of Custody Order of which the following is a statement: 1. Plaintiff/Respondent is an adult individual who currently resides at 108 S. 16th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant/Petitioner is an adult individual who currently resides at 107 Old York Road, New Cumberland, Pennsylvania 17070. 3. DefendantIPetitioner seeks to have the current order of July 26, 2004 signed by Judge Kevin A. Hess, a copy of which is marked Exhibit "A" attached hereto, enforced and amended to provide that DefendantIPetitioner shall have joint legal custody and partial physical custody on alternating weekends, alternate holidays, shared Christmas and Easter holidays, three weeks, not consecutive, during the summer months and phone contact on a weekly basis with the children. 4. The children are Justin Amaya, born April 14, 1989, age 15, Thalia Amaya, born March 20, 1992, age 12, and Gema Amaya, born November 15, 1994, age 9, 5. The children were born during the marriage. 6. The parties were married October 7, 1988 and separated May 30,2004. Plaintiff/Respondent filed an action in Divorce on June 14,2004 in the Court of Common Pleas of Cameron County, Pennsylvania to No. 2004-2327. No divorce decree has been granted. II 7. All children are in the custody of Plaintiff /Respondent, Raul Amaya, resides at 108 S. 16th Street, Camp Hill, Cumberland County, Pennsylvania 17011. They have lived at that address for more than five (5) years. 8. The relationship of the Plaintiff/Respondent to the children is that of natural father. 9. The relationship ofDefendantlPetitioner to the children is that of natural mother 10. The DefendantlPetitioner has not participated as parties or witnesses, or in any other capacity, in other litigation concerning the custody ofthe children in this or another court. 11. The DefendantlPetitioner has no information of a custody proceeding concerning the children pending in any other court within the Commonwealth. 12. The DefendantlPetitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interests and permanent welfare of the children will be best serve by granting DefendantIPetitioner joint legal custody of the three (3) children and scheduled visitation as set forth in this petition and in the interim enforcement of the existing order. WHEREFORE, DefendantIPetitioner requests your Honorable Court to grant her joint legal custody and scheduled visitation with all children. ~ (.o?tJ 3> IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYL VANIA RAUL AMAYA, Civil Action At Law---Custody Plaintiff, Case No: 04-2790 VS. TERESA AMAYA, Defendant, ORDER OF COURT AND NOW, this 21.0 th , day of ~,/ , 2004, upon presentation of the foregoing Stipulation For Entry of an Agreed o6er of Custody, executed by and between RAUL AMAYA, (Father) and TERESA AMAYA, ( Mother) as to the custody of Thalia Amaya, Gema Amaya, and Justin Amaya, (hereinafter referred to as (children). IT IS ORDERED THAT: '."-''Jf'~ JUl 2 8 lcnA t( (a) This agreement shall replace all any and all other previous Orders issued by this or any other Court relating to the Custody of the aforementioned children. 1. The Father shall have PRIMARY PHYSICAL CUSTODY of the Children. 2. The parties shall have SHARED LEGAL CUSTODY of the Children. 3. The Mother shall have PARTIAL PHYSICAL CUSTODY as outlined hereinafter. 4. Mother shall have Custody of the children for (2) consecutive weeks during the children's summer vacation to be chosen by mother as her schedule shall allow. 5. Father shall have Custody of the Children for (2) consecutive weeks during the summer vacation provided it does not conflict with mothers two week period. Mother shall have one (1) weekend per month with the children for the purposes of custody. Father shall have Primary Physical custody of the children; at all other times that mother does not have custody of the children pursuant to the terms of this agreement. The holidays shall be divided as the parties may agree. (b) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance fot .. purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. f (c) The parties can agree to expand the levels of custody beyond what is provided within the frame~ork of this agreement as they may mutually agree from time to time. Neither party shall restrict the other party's periods of custody as outlined within this agreement unless BOTH parties verbally agree to such a restriction. Notwithstanding, the verbal agreement of BOlli parties to periods of less custody, than provided within: this agreement the party agreeing to less custody shall be entitled to rescind, such agreement at any time after consent has been given and insist that the terms, conditions, and restrictions contained within this agreement as to periods of custody be enforced as they are presented within the agreement. (d) The parties memorialize their acceptance of this agreement, and intending to be legally bound by the terms of this agreement affix their signatures hereunder. BY THE COURT, TRUE COpy fROM RECORD In Testimony whereof, Ihere unto sel my hand an he seal of ~ai cour::J.a Carlisle, Pa. i' d.J ~., 2 ............0;].... Ifi--'C.f ) '4' t '1 .....~ ..... ..'O, ~ ~ . '..L . - '- ...~onoi~.S ( . Verification I verify that the statements made in this Petition for Modification of custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE .j2~A'~V~ ;Jdly ~#I(I ~ttI/c/' T e:esa Amaya COMMONWEALTH OF PENNSYLVANIA S.S. COUNTY OF YORK Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Teresa Amaya who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. -iu-t7'rA {kt1c! tJ1 ~ Teresa Amaya {/ · Sworn to and subscribed before me this //p( day of vD~~~A"'~004. ~~. ""..\........ -., ~ , NoIadal Seal ~a.'J~t:~ My~'---_&- ....""~~ ..AIIiiIi ~K0 ~cF u;. d of ~ c:/' oJ --. i," ~ " '-" j': I :~.> it i" n (-- : I' j --', r-.:> f;~ ..;:::- Cl ,C'J C"J I 1.0 ~ -I ::J: -rJ ~~~ ~~~:'; "'1"l \. ., J~.~ ~:~~ f:~~ , , ~~I ^r-.,.. :.q ....<t:.. J7'" co .:-:- C~..... II I: RAUL AMAYA, Plaintiff IN TH]!!: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA VS. NO. 04-2790 TERESA AMAYA, Defendant ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE ANDNOW,TOWlT,thi, ii!~aYOf ~---e~",-t.A~2004 personally appeared Jane M. Alexan er, Esquire who swears according to law, that a true and correct copy of a PETITION FOR MODIFICATION O]l' CUSTODY ORDER was caused to be served by certified mail with return receipt requested upon the said, Raul Amaya 108 South 16lli Street Camp Hill, P A 17011 on December 16, 2004 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof Sworn and subscribed before me this ,:L 7 !?! day of ~~ G-c..~::12. , 2004. ~2..~ / Notary Public . ~ .~..- ..., :cp:: ~ 23: 2Cll5 I" . .'"'' 1_ . II RAUL AMAYA, IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff VS. NO. 04-2790 TERESA AMAYA, ACTION - LAW IN CUSTODY Defendant PROOF OF SERVICE U.S. Postal Service" CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) CJ nJ CJ 00" ::r cQ Hii Ii 11o~ I A Lf'I m ...II POBlage $ m CJ CertIfied Fee CJ $1.75 CJ Return Reclept Fee (Endorsement Requlllld) CJ RestrIcled Delivery Fee $3.50 Lf'I (Endorsement Required) I"- CJ Total Postage & Fees $ $8.15 ::r CJ CJ I'- . Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can retum the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: RatA-l Amp.. 'ItA- l 0 ~ g. (" -f:(.. St"(~t Uwtp H\1I , ?A 1'10" C. Signature x J~ D. Is delivery address different from item 11 If YES, enter delivery address below: D Agent D Add,.... Dyes DNo 3. ServiCE' Type ~:Ified Mail D Express Mail D Registered D Return Receipt for Merchandile D Ins~lred Mail D C.O.D. 4. Restricted Delivery? (Extra Fee) ~ 2. Article Number (Copy from service label) 7004 0750 0003 6354 8020 PS Form 3811, July 1999 Domestic Return Receipt 102595.00-M-0952 , f~) ~ ~ ~;i;-. C,.::) <...11 ~ c.- :J:~ ?" 1'\ c: -."" -(.1 to; - \ :0' . C., ()~~ ::;-J -T"' _1.--1' ;/";, ';;h :..:. ;:,)(1\ , . Cf? ::~ ''(M" ..:' ~ - ":.J :.2. ~ V' . 1\ (', . .-1 1:"0 1 " 2005 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAUL AMAYA vs. 04-2790 CIVIL ACTION LAW TERESA AMAYA Defendant IN CUSTODY ORDER OF COURT AND NOW, this I' day of r..d..ru!:J ' 2005, upon consideration of the attached Custo y Conciliation Report, it is or~red and dIrected as follows: I. The prior Order of this C urt dated July 26, 2004 is vacated and replaced with this Order. 2. The parties shall participa in a course of therapeutic family counseling with Guidance Associates or other professional sele ted by agreement. The parties acknowledge that the ongoing conflicts between them are having a adverse effect on the Children. Therefore, the purpose ofthe therapeutic counseling shall be to as ist them in establishing sufficient communication and cooperation to enable them to address Ihe adjust ent issues and other difficulties exhibited by the Children. The Father shall be responsible to share t e list of participating counselors in his insurance program with the Mother, to determine the applica ility of insurance coverage and initiate the counseling process with the selected professional. All c sts of counseling which are not covered by insurance shall be shared equally between the parties. 3. The Father, Raul Amaya, d the Mother, Teresa Amaya, shall have shared legal custody of Justin Amaya, born April 14, 1989, T alia Amaya, born March 20, 1992, and Gema Amaya, born November IS, 1994. Each parent sha I have an equal right, to be exercised jointly with the other parent, to make all major non-emerge cy decisions affecting the Children's general well-being including, but not limited to, all decisi ns regarding their health, education and religion. Pursuant to the terms of this paragraph each paren shall be entitled to all records and information pertaining to the Children including, but not limited to, chool and medical records and information. 4. The Father shall have prim physical custody of the Children. 5. The Mother shall have partia physical custody of the Children on alternating weekends from Friday at 6:00 p.m. through Sunday at :00 p.m. 6. The parties shall share or alte ate having custody of the Children on holidays as follows: A. Christmas: The Christmas h liday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noo through Christmas Day at 12:00 noon, and Segment B, which shall run from Christ as Day at 12:00 noon through December 26 at 6:00 p.m. In odd numbered years, the other shall have custody of the Children during Segment A and the Father shall have cus ody during Segment B. In even numbered years, the Father shall have custody ofthe Childr n during Segment A and the Mother shall have custody during Segment B. B. Alternating Holidavs: In odd numbered years, the Father shall have custody of the Children on New Year's, July th and Thanksgiving and the Mother shall have custody on Memorial Day and Labor Day. n even numbered years, the Mother shall have custody of the Children on New Yea's, July 4th and Thanksgiving and Ihe Father shall have custody on Memorial Day and La or Day. The holiday periods of custody under this paragraph shall run from 9:00 a.m. unt 16:00 p.m. wilh the exception of New Year's, which shall run from New Year's Eve at 6:0 p.m. through New Year's Day at 6:00 p.m. For purposes ofthis provision, the entire N w Year's holiday shall be deemed to fall within the same year as New Year's Day. C. Easter: In every year, t e parties shall equally share having custody of the Children during their Easter school brea , with the exchange to take place on the day which is halfway through the school brea at 6:00 p.m. Unless otherwise agreed between the parties, in odd numbered years, the M ther shall have custody of the Children during the first half of the Easter school break and the Father shall have custody during the second half. In even numbered years, the Fat er shall have custody of the Children during the first half of the Easter school break and he Mother shall have custody during the second half. D. The holiday custody sch dule shall supercede and take precedence over the regular custody schedule. 7. Each party shall be entitle to have custody oflhe Children during the summer school break each year for three weeks. Periods f custody under this provision shall be scheduled nonconsecutively unless agreed othe ise between the parties. The Mother shall notify the Father in writing by June 1 st of every year as t the dates for her extended periods of custody during the summer. Unless otherwise agreed between th parties, the Father shall not schedule his extended periods of custody under this provision over the Mother's alternating weekend periods of custody. Neither party shall schedule periods of custody un er this provision to conflict with the other party's holiday periods of custody. 8. The parties shall exchange ustody ofthe Children at the CVS store at the West Shore Plaza in Lemoyne, during which each party and any individuals accompanying each party) shall remain in his or her motor vehicle at all times. he parties acknowledge the importance of remaining civil and cooperative during all exchanges of c stody in order to reduce conflict and stress for the Children. 9. Neither party shall do or say anything which may eslrange the Children from the other parent, injure the opinion ofthe Childr n as to the other parent, or hamper the free and natural development of the Children's love an respect for the other parent. Both parties shall ensure that third parties having contact with the Childre comply with this provision. ] O. This Order is entere pursuant to an agreement of the parties at a custody conciliation conference. The parties may m dify the provisions of this Order by mutual consent. In the absence of mutua] consent, Ihe terms ofthi Order shall control. cc: ~Ory Hazlett, Esquire - C unsel for Father ,;ane Alexander, Esquire - C unsel for Mother v . t? ~03 r)fJ.'r BY THE COURT, J. r RAUL AMAYA Plaintiff vs. TERESA AMAYA Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2790 CIVIL ACTION LAW IN CUSTODY CUSTOD v CONCILIATION SUMMARY REPORT IN ACCORDAN ~E WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the und( rsigned Custody Conciliator submits the following report: 1. The pertinent informatio concerning the Children who are the subjects of this litigation is as follows: NAME DAT OF BIRTH Justin Amaya Thalia Amaya Gema Amaya CURRENTLY IN CUSTODY OF April 4, 1989 Marcl 20, 1992 Novet ber 15,1994 Father Father Falher 2. A conciliation conferen was held on February 8, 2005, at the Cumberland County Courthouse with the following indi iduals in attendance: The Father, Raul Amaya, with his counsel, Gregory Hazlett, Esquire, and the Mother, Teresa Amaya, with her counsel, Jane M. Alexander, Esquire. 3. The parties agreed to enlry of an Order in the form as attached. -J~r ~, -~'-"1:Id\.j (0 I a..OoS Date ()~~ 4:T Dawn S. Sunday, EsquIre Custody Conciliator