HomeMy WebLinkAbout01-3197
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - CUSTODY
LORRAINE A. ARINDAIN,
Plaintiff
ELUIT LOPEZ-ENRIQUEZ,
Defendant
~
. d.:,.;t I~
; NO. 01- 3191
CUSTODY COMPLAINT
I. The Plaintiff is Lorraine A. Arindain (hereinafter referred to as "Mother"), who
currently resides at III S. 2411I Street Apt. IN, Camp Hill, Cumberland County, Pennsylvania,
17011.
2, The Defendant is Eluit Lopez-Enriquez (hereinafter referred to as "Father"), who
currently resides at 18021 Idlewild RD SW #2, Lakewood, Washington 98498.
3. Plaintiff seeks to confinn legal and physical custody of the following children:
NAME
PRESENT RESIDENCE
DATE OF BIRTH
Eluit Lopez-Enriquez,II
Emilie L. Lopez-Enriquez
IllS. 24'h Street, Apt. IN
Camp Hill, P A 170 II
4/8/90
8/28/91
4. The children are presently in the custody of the Mother who resides at III S. 24'h
Street Apt. IN, Camp Hill, Cumberland County, Pennsylvania, 17011.
5. During the past five years the children have resided with the following persons at the
following addresses:
1
DATES
ADDRESSES
NAMF.lilOFPEm;QNS
IN HOUSEHOLD
9/00 to present
III S. 24th Street Apt. IN
Camp Hill, P A
Mother, the children
and the children's
brother,Jaron
6/00 to 9/00
336 E, Sheridan Avenue
Annville, P A
Mother, the children,
the children's brother,
Jaron and maternal
grandparents
7/97 to 6/00
New Market, England
Mother, the children,
the children's brother,
Jaron and stepfather,
Jason Arindain
6. The Mother of the children is Lorraine A. Arindain, currently residing at III S.24th
Street Apt. IN, Camp Hill, Cumberland County, Pennsylvania. Mother is married but separated from
her spouse.
7. The Father of the children is E1uit Lopez-Enriquez, currently residing at 18021
Idlewild RD SW #2, Lakewood, Washington. Father's marital status is unknown but believed to be
divorced from his second wife.
8, The relationship of the Plaintiff to that ofthe children is that of Mother. The Plaintiff
currently resides with the following persons:
NAME
RELATIONSHIP
E1uit Lopez-Enriquez, II
Emilie L. Lopez-Enriquez
Jaron Philip I. Arindain
Child in question
Child in question
Children in question's brother
2
9. The relationship of the Defendant to the children is Father. Mother has no knowledge
of the current composition of Father's household.
10. The parties participated in an action in Pierce County in the State of Washington.
The parties entered into a Parenting Plan dated June 23, 1997 which provided Mother with legal and
physical custody of the children and allowed Mother and the children to relocate to England. Said
relocation was due to Mother's Husband's military deployment. Father was provided rights of
visitation during the sununers while the children were out of the country. The children returned to
the United States in June of2000, A copy of said Parenting Plan is marked as Exhibit "A", attached
hereto and incorporated by reference herein.
11, Plaintiff has no infonnation of a custody proceeding concerning the children pending
in any court of this Commonwealth.
12, Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have custody or visitation rights with respect to the children,
13. Each parent whose parental rights to the children have not been tenninated and the
person who has physical custody of the children have been named as parties to this action,
14. Father, by his own choosing has had little or no contact with the children. Although
the Parenting Plan provided Father with time with the children, Father did not see the children from
June 23, 1997 until November of 2000. Father's calls to the children have been minimal.
3
15. When Father finally requested to see the children in November of 2000, Mother
acquiesced but he did not utilize his entire time. On two of the days, he saw the children only two
hours. Two other days Father did not see the children at all. After this visitation, Mother learned
that Father was operating a motor vehicle with the children while he had a suspended license.
16. Father has not provided support for the children and is in arrears in excess of
$11,000.00. Mother has no knowledge of Father's present living conditions. In the past, Father has
been evicted from his home, lived in a hotel, had his car impounded and he has not maintained
employment.
17, After not hearing from Father for an extended period, Mother has received a request
from Father requesting extended visitation for this summer. It is necessary that any contact be
phased in with the children due to their being away from their Father for extended time.
18. It is believed that Father has family in New Jersey. The children visited with same
last November.
20. Mother avers that, because of Father's lack of consistent contact with the children,
shorter periods of visitation are required so as to allow the children to reacquaint themselves with
their Father. This phase-in period will also allow Father to veritY that his lifestyle has stabilized and
the children will be safe when they are with him.
21. Mother avers that it is in the children's best interest that the status quo be reaffinned.
4
22. The best interest and pennanent welfare ofthe children will be served by granting
the relief requested because Plaintiff can provide a stable, loving environment for her children.
WHEREFORE, the Plaintiff requests the Court to grant her legal and physical custody of
the children.
DATE: May 25, 2001
Respectfully submitted,
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, P A 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
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EXHIBIT II A II
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IN THE
SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF' P!~"'; ~tE~,&
"'.II!. JlJN OFI</CE
NO . />IEFfC~ .' 2 a 7991
8 1'fo /t(jUuty (~ ~M.
PARENTI~COU~""IVGTOtv
_____ CLE"'/(
[ 1 PROPOSED (PP) OE/>VTy
[ 1 TEMPORARY (PPT)
[Xl FINAL ORDER (PP)
In re the Marriage of:
)
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ELIUT LOPEZ-ENRIQUEZ,
Petitioner,
and
LORRAINE
LORRAINE
A. ARINDAIN,F/K/A
LOPEZ-ENRIQUEZ,
Respondent.
This parenting plan is:
[X] the final parenting
order entered on
by the court pursuant to an
which modifies a previous
( ate
parenting plan or custody.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED.
I. GENERAL INFORMATION
This parenting plan applies to the following children:
~
Birthdate
ELIUT LOPEZ-ENRIQUEZ
EMILIE LOPEZ-ENRIQUEZ
II. BASIS FOR RESTRICTIONS
4/8/90
8/20/91
~
22 2.1 PARENTAL CONDUCT (RCW 26.09.191(1), (2)).
23 [X] Does not apply.
24 2.2 OTHER FACTORS (RCW 26.09.191(3)).
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PARENTING PLAN
WPF DR 01.0400 (3/93)
RCW 26.09.181; .187; .194
Page 1
K!"'NETH R. MnCHEll
AllDIIIe)flllLaw
ISI7So.F._u
T acom.. WIIhIna"'" 118402
(253) 383.SSII1
WSBA' 17401
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........
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[Xl Does not apply.
III. RESIDENTIAL SCHEDULE
These prov~s~ons set forth where the child sl1all l'eside each day
of the year and what contact the child shall have with each
parent.
3.1 PRE-SCHOOL SCHEDULE
[Xl There are no children of preschool age.
3.2 SCHOOL SCHEDULE.
Upon enrollment in school, the child(ren) shall reside with
the [xl mother [l father, except for tl1e following days
and times when the child(ren) will reside-with or be with
the other parent:
See Paragraph 3.5
[xl The school schedule will start when each child begins
[xl kindergarten [l first grade [ ] other:
3.3 SCHEDULE FOR WINTER VACATION.
The child(ren) shall reside with the [X] mother
during winter vacation, except for the following
times when the child(ren) will reside with or be
other parent:
See Paragraph 3.5
[ 1 father
days and
with the
3.4 SCHEDULE FOR SPRING VACATION.
The child(ren) shall reside with the [X]lmother
during spring vacation, except for the following
times when the child(ren) will reside with or be
other parent:
See Paragraph 3.5
[ 1 father
days and
with the
3.5 SUMMER SCHEDULE.
Upon completion of the school year, the child(ren) shall
. PARENTING PLAN
WPF DR 01.0400 (3/93)
ROW 26.09.181; .187; .194
Page 2
KE"'NfTH R. MnCHELl
AI1OIIIC)f 111 Law
lS17 So. FI_
Tacoma. WullinclOll 98402
(2S3) 383-SS91
WSBA' 17401
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reside with the [Xl mother [ 1 father, except for the
following days and times when the child(ren) will reside
with or be with the other parent:
[ 1 Same as school year schedule.
[Xl other: For summer 1997, the father shall exercise
visitation with the minor children from Friday
June 6, 1997 at 5:00 p.m. to Sunday, June 8, 1997;
From Friday, June 13, 1997 at 5:00 p.m. to Sunday,
June 15, 1997 at 6:00 p.m.; and Tuesday, June 17, 1997
at 5:00 p.m. to Monday, June 23, 1997 at 10:00 a.m.
On Wednesday, June 25, 1997, the children shall
travel to England with their Mother as scheduled.
Beginning Summer 1998, the father shall exercise 6
weeks of interrupted visitation witfi the minor
children each year that they remain outside the
continental United States. The mother shall. notify
the father at least 4 months in advance of the
children's school schedule. The father shall reply
to the mother's notice within 30 days and advise
her as to the dates he intends to exercise his.
summer visitation. The children shall be returned
at least 14 days prior to the first day of school.
3.6 VACATION WITH PARENTS.
[Xl Does not apply.
3.7 SCHEDULE FOR HOLIDAYS.
The residential schedule for the child(re~) for the holidays
listed below is as follows: __
with Mother
( Specify
Whether
Odd/Even/Everv)
with Father
(Specify
Whether
Odd/Even/Everv)
New Year's Day
Martin Luther King Day
Presidents Day
Memorial Day
PARENTING PLAN
WPF DR 01.0400 (3/93)
RCW 26.09.181; .187; .194
Page 3
EVERY
EVERY
EVERY
EVERY
KE""NETH R. MnCHELL
ADomey II Law
1517 So. Fa_
Tacoma. W8IhinB- 98402
(153) 383-5591
WSBA . 17401
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July 4th
Labor Day
Veterans Day
Thanksgiving Day
Christmas Eve
Christmas Day
***
EVERY
EVERY
EVERY
EVERY
EVERY
[ ] For purposes of this parenting plan, a holiday shall
begin and end as follows (set forth times):
[ ] Holidays which fall on a Friday or a Monday shall
include Saturday and Sunday.
[x 1 Other:
Mother shall have July 4 holiday subject to father's
summer visitation schedule.
3.8 SCHEDULE FOR SPECIAL OCCASIONS.
The residential schedule for the child(ren) for the
following special occasions (i.e., birthdays) is as follows:
with Mother
(Specify
Whether
Odd/Even/Everv)
Mother's Day
Father's Day
Mother's Birthday
Father's Birthday
EVERY
EVERY
EVERY
EVERY
[ 1 Other:
3.9 PRIORITIES UNDER THE RESIDENTIAL SCHEDULE.
[Xl Does not apply.
PARENTING PLAN
WPF DR 01.0400 (3/93)
RCW 26.09.181; .187; .194
Page 4
with Father
( specify
Whether
Odd/Even/Everv)
-
KE"'NETH R. MnCllEll
AlIDmey II Law
1517 So. Fawcett
Tacoma. WuhinlllIII 98402
(253) 383-5591
WSBA.17401
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3.10 RESTRICTIONS.
[Xl Does not apply because there are no IJmiting factors in
paragraphs 2.1 or 2.2.
[ 1 The [Xl 1aLber's [ 1 mother's residential time with
the chil~en shall be limited because there are
1imiting.zactars in paragraphs 2.1 and 2.2 The
following restrictions shall apply when the children
spend time.with this parent:
[ 1 There are limiting factors in paragraph 2.2, but there
are no restrictions on the [ 1 father's [l mother's
residential time with the children for the following
reasons:
3.11 TRANSPORTATION ARRANGEMENTS.
Transportation arrangements for the chi1d~ren), between
parents shall be as follows:
Each party is responsible for their proportional share
of long-distance transportation costs.
(FatherA-% MotherS.2. %)
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Father will forward airline tickets to the mother for
children's scheduled visitation 30 days in advance of
departure. Mother will then reimburse father for her share
of travel expenses.
Transfer of the children shall occur at the airport
where the children are scheduled to depart and arrive,
not at Lakenheath Air Force Base. Until such time when the
children reach the age that airline rules and regulations
permit them to travel without adult su~rvision, the
father shall accompany the children from England to the
united States and the mother shall accompany the children
from the United States to England.
3.12 DESIGNATION OF CUSTODIAN.
The children named in this parenting plan are scheduled to
reside the majority of the time with the [Xl mother [ 1
father. This parent is designated the custodian of the
child(ren) solely for purposes of all other state and
PARENTING PLAN
WPF DR 01.0400 (3/93)
ROW 26.09.181; .187; .194
Page 5
KEoINETH R. MnCHElL
^\IanIe)' .. Low
IS17 So. fawcett
Tacorn.. wulIiIIi- !l841n
(29) 383.SSIIl
WSBAIII7401
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federal statutes which require a designation or
determination of custody. This designation sl1~ll not affect
either parent's rights and responsibilities under this
parenting plan.
3.13 OTHER:
All correspondence between the parents regarding school
schedule and summer visitation dates shal.l be accomplished
by certified mail with return receipt.
Each party shall keep the other apprised of their current
address and phone number.
Neither party shall interfere with correspondence between
the children and the other parent. Each party shall have
reasonable telephone contact with the cnildren while
they are in the other parent's custody.
IV. DECISION MAKING
4.1 DAY TO DAY DECISIONS.
Each parent shall make decisions regarding the day-to-day
care and control of each child while the child is residing
with that parent. Regardless of the allocations of decision
making in this parenting plan, either parent may make
emergency decisions affecting the health or safety of the
children.
4.2 MAJOR DECISIONS.
Major decisions regarding each child shall be made as
follows:
Education decisions [X] mother [ ] father [ ] joint
Non-emergency health [X] mother [ ] father [ ] joint
care
Religious upbringing [X] mother [ ] father ] joint
4.3 RESTRICTIONS ON DECISION MAKING.
[ ] Does not apply because there are no limiting factors in
paragraphs 2.1 and 2.2 above.
PARENTING PLAN
WPF DR 01.0400 (3/93)
RCW 26.09.181; .187; .194
page 6
KE"'NETH R. MnCHElL
AIIllmey II Law
ISl7So. F.WCOl1
Tacoma, Wuhin&- 98401
(253) 383-5591
W~RA. 17401
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[Xl Sole oecision making shall be ordered to the [Xl mother
[ ] father for the following reasons:
A limitation on the other parent's decision-making
authariLy is mandated by RCW 26.09.191. (See
paragraph 2. 1 ) .
[ 1 Both .parents are opposed to nlUtual decision
making.
[Xl ODe parent is opposed to mutual decision making,
and such opposition is reasonably based on the
following criteria:
(a) The existence of a limitation under RCW
26.09.191:
(b) The history of participation of each parent
in decision making in each of the areas in
RCW 26.09.184(4)(a): -
(c) Whether the parents have demonstrated ability
and desire to cooperate with one another in
decision making in each of the areas in RCW
(0) 26.09.184(4)(a): and
(d) The parents' geographic proxi.mity to one
another, to the extent that it effects their
ability to make timely mutual decisions.
[ 1 There are limiting factors in paragraph 2.2, but there
are no restrictions on mutual decision making for the
following reasons.
V. DISPUTE RESOLUTION
[~ Disputes between the parties, other than child support
disputes, shall be submitted to (list pe;son or agency):
t.avf 4c1r~ h1~' tf~n tU:J/d.A,e.
f. 1 eIHI.':Iee~iRlJ BY ~~~;i ~ ~' or
t.. J ftlol!!lIAl.iI+-''''''R Ja~._ --------..._~ ~_____ _ r
t ] a~h;+-r2tie~ BY. .
The cost of this process shall be allocated between the
parties as follows:
[ 1 , mother , father.
[ 1 based on each party's proportional share of income from
line 6 of the child support worksheets.
[l as determined in the dispute resolution process.
PARENTING PLAN
WPF DR 01.0400 (3/93)
RCW 26.09.181: .187: .194
Page 7
KE"'NnH R. MIlCHElL
AIIomey II Law
1517 So. Fawceu
Taex>m.. WuhinJlan 98402
(253) 383-5591
WSBA.17401
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The counseling, mediation or arbitration process shall be
commenced by notifying the other party by [ I written
request [ ] certified mail [l other:
In the dispute resolution process:
(a) Preference shall be given to carrying out this
Parenting Plan.
(b) Unless an emergency exists, the parents shall use the
designated process to resolve disputes relating to
implementation of the plan, except those related to
financial support.
(c) A written record shall be prepared of any agreement
reached in counseling or mediation and of each
arbitration award and shall be provided to each party.
(d) If the court finds that a parent has used or frustrated
the dispute resolution process without good reason, the
court shall award attorneys' fees and financial
sanctions to the other parent. .
(e) The parties have the right of review from the dispute
resolution process to the superior court.
[X] No dispute resolution process, except court action, shall be
ordered, because [ ] a limiting factor under RCW 26.09.191
applies or [X] one parent is unable to afford the cost of
the proposed dispute resolution process.
VI. OTHER PROVISIONS
[Xl There are no other provisions.
[ 1 There are the following other provisions:
VII. DECLARATION FOR PROPOSED PARENTING PLAN
[X] Does not apply. ~
[] (Only sign if this is a proposed parenting plan.) I declare
under penalty of perjury under the laws of the State of
washington that this plan has been proposed in good faith
and that the statements in Part II of this Plan are true and
correct.
Mother
Date and Place of Signature
PARENTING PLAN
WPF DR 01.0400
RCIf 26.09.181:
Page 8
(3/93)
.187: .194
KENNETH R. MnCHEll
Auomey al Low
1517 So. Fa_
Tac:oma. Wuhinc- !/1l402
(253) 383-5591
U'~lU 11'401
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Father Date and Place of Signature
VIII. ORDER BY THE COURT
[ ] Does not apply.
[X] It is ordered, adjudged and decreed that the parenting plan
set forth above is adopted and approved as an order of this
Court.
WARNING: Violation of residential provisions of this order
with actual knowledge of its terms is punishable by contempt
of court and may be a criminal offense under RCW
9A.40.070(2). Violation of this order may subject a
violator to arrest.
When mutual decision making is designated but cannot be
achieved, the parties shall make a good faith effort to
resolve the issue through the dispute resolution process.
If a parent fails to comply with a provlslon of this plan,
the other parent's obligations under the plan are not
affected.
H. EDWARD HAARMANN
{,( / COURT COMMISSIONER
~/commissioner
Dated:
I
/
~:.ese~ ~...bY :
. ~/t.~
Ke neth R. Mitchell, WSBA
A torney for Respondent
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Approved for entry:
;WAYHu~df
~ ~ /~:f;P/l4'"
KAr~~ I4d~11
~t ;t;ype Name
#17401
Kenneth R. Mitchell
Print or Type Name
PARENTING PLAN
WPF DR 01.0400 (3/93)
RCW 26.09.181; .187; .194
Page 9
KE"'NETH R. MITCHEll
AI1DmIy 01 Law
lSI7 So. Fa_
T......... Wuhilll.... 98402.
(2S3) 383-SS91
UI'C''D a. . 1 "74111
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - CUSTODY
LORRAINE A. ARINDAIN,
Plaintiff
ELUIT LOPEZ-ENRIQUEZ,
Defendant
: NO.
VERIFICATION
I. LORRAINE A. ARlNDAIN, hereby certify that the facts set forth in the foregoing
CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and
belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A.
Section 4904 relating to unsworn falsification to authorities.
~'\OJJ"'0 O. . CiJ~o~
LORRAINE A. ARINDAIN
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rv\MAY 3 0 2001
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LORRAINE A. ARlNDAIN
PLAINTIFF
V.
ELUIT LOPEZ-ENRIQUEZ
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTy, PENNSYLVANIA
01-3197 CIVIL ACTION LA W
IN CUSTODY
ORDER OF COIJRT
AND NOW,
Friday, June 01, ZOOI
. upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. . the conciliator,
at Z14 Senate Avenue, Suite 10S, Camp Hill, PA 17011 on Monday, July 09, ZOOI at 1:00 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. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Isl
Melissa P. Greevy. F.((f ~~ '\
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 TillS PAPER TO YOUR A ITORNEY AT ONCE. IF YOU DO NOT
HAVE AN A ITORNEY 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
2 Liberty A venue
Carlisle. Pennsylvania 17013
Telephone (717) 249-3166
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In the Court of Common Pleas of
Cumberland County, Pennsylvania
'31 (r'l
No. d(tJOI -d.1. ?(I1-. Civil. 19
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IN THE COURT OF COMMON PL~~ ~'~
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-3197
LORRAINE A. ARINDAIN,
Plaintiff
ELUIT LOPEZ-ENRIQUEZ,
Defendant
CIVIL ACTION - LAW
CUSTODY
TEMPORARY ORDER OF COURT
Oler, J. -
AND NOW, this l"j tCi day of August, 2001, upon consideration of the attached
Custody Conciliation Summary Report and the appropriate service having been made upon
the Defendant, the following Temporary Order of Court is entered:
1. The Mother, Lorraine A. Arindain, shall have sole physical and legal custody of the
minor Children, Eluit Lopez-Enriquez, II, born April 8, 1990, and Emilie L. Lopez-Enriquez,
born August 28, 1991.
2. In the event that Father is aggrieved by the terms of the Order, upon proper petition,
an additional Custody Conciliation Conference may be scheduled to hear his request for
modification of the present Order.
3. Counsel for Plaintiff shall serve the Defendant with a copy of this Order at his last
known address.
BY THE COURT,
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Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-3197
ELUIT LOPEZ-ENRIQUEZ,
Defendant
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
April 8, 1990
August 28, 1991
CURRENTLY IN CUSTODY OF
Eluit Lopez-Enriquez, II
Emilie L. Lopez-Enriquez
Mother
Mother
2. A Custody Conciliation Conference was held on July 23, 2001, with the following
individuals in attendance: the Mother, Lorraine A. Arindain, and her counsel, Barbara Sumple-
Sullivan, Esquire; the Father did not appear for the Conference.
3. Service of the Order scheduling the Custody Conciliation Conference for July 23rtl
was accomplished on June 23, 2001. The Affidavit of Service was dated July 2, 2001, and
sent to the new address given to Plaintiff's counsel in correspondence Plaintiff's counsel
received from the Defendant dated June 8, 2001. Counsel for Plaintiff having demonstrated
service of the Order scheduling a Custody Conciliation Conference requested a Temporary
Order confirming the status quo. A Temporary Order as requested by counsel for Plaintiff is
attached.
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Date
.
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cwnberland, PA 17070
(717) 774-1445
LORRAINE A. ARlNDAIN,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - CUSTODY
ELUIT LOPEZ-ENRIQUEZ,
Defendant
: NO. 2001 - 3197
AFFlDA VIT OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the
Complaint in Custody and Plaintiff's Emergency Petition for Special Relief in the above-
captioned matter by United States Mail, Overnight Mail, No, EK608680504US, Return Receipt
Requested, on the above-named Defendant, on June 23, 2001 at Defendant's last known address:
2624-A South 92"d Street, Lakewood, W A 98499. The original receipt and return receipt card
are attached hereto as Exhibit "A".
I hereby certify that the facts set forth above are true and correct to the best of my
knowledge, infonnation and belief, I understand that any false statements made herein are subject
to penalties of 18 Pa. C.S,A. ~4904 relating to unsworn falsification to authorities.
Dated: June 27,2001
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717)-774-1445
Supreme Court ID #32317
Attorney for Plaintiff
· Complllle Rems 1, 2, and 3. Also complllle
item 4 n Reetrtcted Delivery Ie desired.
· Print your name and adcIl'8IS on the reverse
so thBl we can retum the carll to you.
· Attach this C8ld to the back 01 the mellpiece,
or on the front n space permits.
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IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
Lorraine A. Arindain,
Plaintiff
Eluit Lopez-Enriquez,
Defendant
NO. 2001-3197 CIVIL TERM
IN RE: PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF
BEFORE OLER. J.
ORDER OF COURT
OLER, J., June,;", 2001. tI
AND NOW, this2l.ll1Jay of June, 2001, after careful consideration of Plaintiffs
Emergency Petition for Special Relief, and it appearing that, based on the representations
in the petition, Plaintiff has physical custody of the parties' children under a June 23,
1997, order of the Pierce County Superior Court of the State of Washington, and that the
children have had little, if any, contact with the State of Washington in the immediate
past, \ it is hereby ordered and directed that, pending the conciliation conference
scheduled for July 9, 2001 and further court order, neither party shall remove the children
frorn the Cornmonwealth of Pennsylvania or secrete the location of the children from the
other party.
BY THE COURT,
J. r J,
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\ A pending rnatter in the Washington court has not yet been assigned to a judge and this
court will continue to attempt to confer with the Washington court to discuss the
jurisdiction issue, pursuant to the Act of Dec, 19, 1990, P.L 1240, No. 206, ~ 2, 23 Pa.
C.S.A, ~ 5355(b) (West 1996 & Supp. 2001).
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Barbara Surnple-Sullivan, Esq.
549 Bridge Street
New Cumberland, P A 17070-1931
Attorney for Plaintiffs
Eluit Lopez-Enriquez
2624-A South 92rid Street
Lakewood, W A 98499
2
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
LORRAINE A, ARINDAIN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - CUSTODY
ELUlT LOPEZ-ENRIQUEZ,
Defendant
: NO. 2001 -3197
EMERGENCY PETITION FOR SPECIAL REUEF
I. The Plaintiff is Lorraine A, Arindain (hereinafter referred to as "Mother"), who
currently resides at I II S. 241i1 Street Apt. IN, Camp Hill, Cumberland County, Pennsylvania,
17011.
2. The Defendant is E1uit Lopez-Enriquez (hereinafter referred to as "Father"), who
until just recently resided at 180211dlewild RD SW #2, Lakewood, Washington 98498 and may
have just recently moved to 2624-A South 9200 Street, Lakewood, Washington 98499.
3. The parties are the parents of two (2) minor children, namely Eluit Lopez-Enriquez,
II (born 4/8/90) and Emilie L. Lopez-Enriquez (born 8/28/91),
4. The children have always been in the primary custody and care Mother. When Father
participated, it was only on a limited basis. Father has not seen the children for more than two (2)
days in a row since June of 1997.
5. The parties participated in an action in Pierce County in the State of Washington,
The parties entered into a Parenting Plan dated June 23, 1997 which provided Mother with legal and
physical custody of the children and allowed Mother and the children to relocate to England. Said
relocation was due to Mother's Husband's military deployment. Father was provided rights of
visitation during the summers while the children were out of the country. The children returned to
the United States in June of 2000. There is no current order in any jurisdiction which addresses
summer visitation plans for Father under the past and present circumstances.
6. Father, by his own choosing, has had little or no contact with the children. Although
the Parenting Plan provided Father with time with the children, Father did not see the children from
June 23, 1997 until November of 2000. Father's calls to the children have been minimal.
7. When Father finally requested to see the children in November of 2000, Mother
acquiesced but Father did not utilize the time he requested. On two of the days, he saw the children
only two hours. Two other days Father did not see the children at all. After this visitation, Mother
learned that Father was operating a motor vehicle with the children while he had a suspended
license. The children stayed overnight from Friday approximately 6:00 p.m. to Saturday 6:00 p.m.
so the children could visit with their grandmother in New Jersey.
8, After not hearing from Father for an extended period, Mother received a request from
Father on May 10,2001 requesting extended visitation for this summer. Father's letter of May 10,
2001 is attached as Exhibit "A" and incorporated by reference herein.
2
9. Because of Father's lack of contact with the children and Mother's concerns for the
children's best interests while in Father's care, Mother avers that it is in the children's best interests
that any contact he has be phased in after Mother is able to confirm the suitability of his living
arrangements. To address same, Mother filed a Complaint for Custody on May 25, 2001 in
Cumberland County and forwarded same to Father's last known address that was identified in his
letter of May 10,2001. A copy of said Complaint and the Orders scheduling the conciliation
conference are attached as Exhibit "B" and incorporated by reference herein.
10, Mother has no knowledge as to whether Father has a valid driver's license or, ifhe
does not, how he intends to transport the children, This is of concern because Father has in the past
transported the children while having his license suspended.
11. Mother has no knowledge of the composition of Father's household or whether there
will be adequate facilities for the children while in his care. Mother has no knowledge of Father's
present living conditions. In the past, Father has been evicted from his home, lived in a hotel, had
his car impounded and he has not maintained employment. Recently, Father advised that he had to
move from his home due to a gas leak. Father has provided no information concerning the adequacy
of his home.
12, Mother has no knowledge as to what arrangements Father has planned for the
children or who he intends to care for the children while he is at work, if he is working.
3
13. In an attempt to explain her concerns and to resolve this matter amicably, Mother's
counsel enclosed a letter with the Complaint for Custody which provided a phase-in period of
contact in Pennsylvania and addressed the aforementioned concerns. Said letter and Complaint were
sent via certified mail, return receipt requested and restricted delivery to the address Father provided
in his May 10, 2001 letter. A copy of said letter is attached as Exhibit "B" and are incorporated by
reference herein.
14. When Mother's Complaint for Custody was filed, Mother's counsel provided the
required self-addressed stamped envelopes for Mother's counsel and for Father at his last known
address - 18211dlewild Road, SW #2, Lakewood, Washington, 98498 for the forwarding of the
Order scheduling the conciliation conference.
15. On June I, 200 I, an Order was entered scheduling the conciliation conference in the
above-captioned matter for July 9, 2001 at 1:00 P.M. before Melissa P. Greevey, Esquire. Due to
conflicts, this conference was rescheduled to July 23, 2001 at 11:00 A.M.
16. Shortly thereafter, or on or about June 11, 2001, Mother's counsel received a
telephone call from Father wherein Father acknowledged receipt of the Order scheduling the
conciliation conference. Father advised that he did not receive the Complaint even though the
complaint was sent approximately two (2) weeks earlier to the same address that the Order for the
conciliation conference was then sent.
4
17. During this same call, Father advised Mother's counsel that he had to move due to
a gas leak but he would not provide Mother's counsel his new address and Father indicated also that
he would be taking action in the State of Washington.
18. Counsel for Mother explained that there was no provision for summer visitation for
him in effect under the prior Washington State Order and that jurisdiction of this matter was in the
Pennsylvania Courts pursuant to the Uniform Child Custody Jurisdiction Act since Pennsylvania is
the "home state" of the children. Father was advised that his proposed request was rejected.
19. Father refused to provide counsel with his address.
20, Then, on or about June 18, 200 I, Mother received a letter wherein Father provided
his new address and indicated that he would still be arriving on June 27, 2001 to pick the children
up. He forwarded a copy of a plan he filed June 8, 200 I.
21. As set forth above, enclosed with Father's letter were a Petition for Modification,
Summons and Order Allowing Service by Mail that were filed in the Superior Court of Washington,
Pierce County, Docket No. 95-3-01987-0. Said documents were filed on June 8, 2001. A copy of
said documents are attached as Exhibit "C" and incorporated by reference herein.
22. Pursuant to Father's handwritten note, Father is arriving in Pennsylvania expecting
to commence a visitation on June 27, 2001. Father did not provide any specific details of the
visitation. He did not provide a time of arrival, his time of return, or his plans for the children.
5
23. Pursuant to the Uniform Child Custody Jurisdiction Act (hereinafter referred to as
"UCCJA") 23 Pa. C.S.A. ~ 5343, Pennsylvania is the children's home state, in that the children have
continuously resided in Pennsylvania since June of 2000 and in Cumberland County since
September of 2000.
24, Further, Cumberland County has jurisdiction as provided for by 23 Pa.C.S.A. ~
5344(a)(I) and (2) in that:
I. Pennsylvania is the home state of the children in accordance with 23 Pa.
C.S.A, ~ 5344 and has been since June, 2000 and the children are physically
present in this Commonwealth, and
2. It is in the children's best interests because the children and their Mother
have significant connections with Pennsylvania. Pennsylvania is the sight of
substantial evidence concerning the present or future care, protection,
training and personal relationships of the children. The children attend
school here. The children have had no significant connection with the State
of Washington since June of 1997.
25. Because of Father lack of contact with the children, Mother avers that it is in the
children's best interests that visitation with Father be reestablished gradually and initially occur in
the Commonwealth of Pennsylvania under the supervision and direction of the Pennsylvania Court.
26. Said visitation shall be expanded after Father has demonstrated that he will maintain
a consistent schedule of visitation and contact with the children and Father has adequate facilities
for the children.
6
27, In Father's Proposed Parenting Plan filed with the State of Washington as filed on
June 8, 2001, he requested eight (8) weeks of uninterrupted visitation during the summer and that
Mother be responsible for 52% of the transportation costs for the visitation.
28. Mother avers that, because of Father's lack of consistent contact with the children,
shorter periods of visitation are required so as to allow the childfen to feacquaint themselves with
their Father. This phase-in period will also allow Father to verify that his lifestyle has stabilized and
the children will be safe when they are with him.
29. Further, it is not in the children's best interests that Mothef be responsible fOf 52%
of the transportation costs in that Father has failed to provide support for the children and is in
arrears in excess on I 1,000.00. This additional financial burden on Mother will feduce the already
limited monies available to the children for their support,
30. Without this Court's emergency intervention, Father will arrive at Mother's home
on June 27, 2001 expecting to remove the children out of this jurisdiction and Commonwealth fOf
an extended period of time to unknown living conditions and cifcumstances.
31. Mothef avers that it is in the children's best interest that they remain in Pennsylvania
until their best interests and care can be confirmed by appropriate legal proceedings here, with an
order securing their return.
7
WHEREFORE, the Plaintiff requests the Court to grant the following:
1. Pennsylvania is deemed to be the home state of the children as the term is defined
by 23 Pa,C.S.A. ~ 5343;
2. Pursuant to 23 Pa.C.S.A. ~ 5344 (a)(I) and (2), Cumberland County shall have
jurisdiction in determining custody of the children and any modification or related
issue shall be determined by this Court;
3. Pending further hearing, the status quo is reaffirmed and shall remain in effect
wherein Plaintiff shall have legal and primary physical custody of the children; and
4, Pending the conciliation conference, Defendant is granted rights of supervised
visitation. Said visitation shall occur in Pennsylvania with a supervisor mutually
agreeable to both parties.
DATE: June 21, 2001
1:.;.". S_Io-S.lti_ Eoprlre
549 Bridge Street
New Cumberland, P A 17070-1931
(717) 774-1445
Supreme Court J.D. 32317
Attorney for Plaintiff
8
EXHIBIT "A"
o
o
May 10,2001
Dear Mrs. Lorraine A. Arindain,
This letter is to infO~ w! ~~...~~:) 10 pick up Eliut &: Emilie Lopez-Enriquez for the summer of 2001. I will
be picking them up b e 26-28, 20 lease let me know what day is most convenient for you. [ understand that
you no longer reside in London and are back in the
United StaleS. I will make all travel arrangements as per our last parenting plan dated June [997.
On May 04, 200 I, I called and tried 10 get information from you and you stated that you had been advised nOlIO say
anything to me and nOlIO ask the children for the address. According to the divorce decree, you are required to
provide me with the children's current address and phone number in which I can reach them. I called you again on
May 09, 2001 and was given your !laW address. When I called back a minute later I talked 10 a "Teran which stated
that you had just stepped out. I requested that she relay a message 10 you 10 provide me with the last date of school
for the children and the name of your lawyer. As oflOday, I have nOl received a call back-with this infon;:nation.
According 10 the revised paienting plan, I am required 10 give you a written notice of at least 30 days of the dates in
which I will have the children for my 6 week visitation.
\
I hope that in the future, we may be able to get through this process more smoothly and not use the children as a
means getting at each other.
~spe71
E[tio~~~
10821 Idlewild Rd fwr
Lakewood, W A 98498
253-973-1745.
EXHIBIT "B"
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LAw OFFICES
BARBARA SUMPLE-SULLIV.AN
1149 BRIDGE STREET
NEW CUMllER/.A.'"D, P~SYLVA.'aA 17070-1931
PHONE (7'7) 774-'......
F.'oX (717) 77....70119
May 25, 2001
eER I un ~;n MAIl. I RESTRICTED DELIVERY
RECEIPT NO. 7000 0600 0028 3892 5015
Mr. Eliut Lopez-Enriquez
1 082lldlewild Road, SW #2
Lakewoocl, W A 98498
Re: EUut and Emilie Lopez-Enriquez
Dear Mr. Lopez-Enriquez:
Please be advised that I have been retained by Ms. Arindain to assist her in addressing
the issue ofsUInmer visitation. We aclmowledge receipt of your letter requesting the children
for a period of six weeks commencing in late June, 2000. Before coordinating the scheduling of
your SIl.."1II1er visitation, some issues must be addressed.
First, I believe that we need to clarify the legal posture of the Washington Court order
dated June 23, 1997. It appears that the order is expired. Paragraph 3,5 had a summer vacation
schedule set forth for years that mother and the children remain outside the continental United
States, This is no longer the case since the children have been living in Pennsylvania since the
year 2000. The order needs to be modified and updated. However, because of the relocation of
the children to Pennsylvania once they entered the continental United States, jurisdiction of the
custody matter has been vested here in Pennsylvania. Since it is the "home" state of the .
children, we therefore have filed an action in Pennsylvania to address the ctil1nges necessary to
effectuate an order for custody. A copy of same is being duly served upon you with this letter.
Second, and as you can imagine, one of our major concerns is the lack of contact that you
have had with the children. Over the past three (3) summers in 1998, 1999 and 2000, you have
not exercised any summer visitation rights, The last time the children spent any significant time
with you was during the Summer of 1997 when you had the children 13 days. The summer
before that you spent three days with the children. Because your contact has been inconsistent, a
present transfer of the children for an extended period is not feasible, ~.
Please note that it is not our intention to preclude you from building a meaningful
relationship with the children. However, we need to phase in this contact for the safety and
comfort of the children. More disclosure needs to be made ab~ut your ability to provide for and
care for the children while they would be with you. For instance, during your visitation with the
children in November of2000, my client allowed contact despite your absence from the
children's life for an extended period, She wanted and suggested a phase in of contact. You saw
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Mr. Eliut Lopez-Enriquez
May 25, 2001
Page 2
the children only two hours on two days and failed to come for contact on the other two days.
My client later ascertained that during that visitation, you were operating a motor vehicle with
children in it while having a suspended license.
Although we would like to develop a schedule of contact with you, this visitation must be
safe. It appears in reviewing the Parenting Plan dated June 23, 1997 that an "uninterrupted"
extended period of six weeks has IlCXC[ been contemplated by the parties. The prior Plan
provides for "interrupted" visitation which I interpret to be non-consecutive weeks, as well as
coordination with Mother of the summer schedule. This Plan also provides that Mother shall
have the 4111 of July hgllday, My client is willing to work with you to effectuate a workable
schedule and is willing to give up this holiday time.
Assuming satisfactory details of your whereabouts and care can be established, we
suggest starting this phase in for a week in July and a week in August for the Summer of 2000,
So as to ease the children's transition, we request the first segment should be exercised in
the Central Pennsylvania area so as to allow a period of adjustment for the children and allow
you and the children to get reacquainted in an area that they are familiar with. This will reduce
any anxiety they may have. Lorraine would be glad to assist you in providing you information
regarding various activities for you and the children in this area. Prior to your visitation, we
require that you provide verification of a valid license. In the event this is not possible, please
provide verification of a properly licensed driver who will provide the ~portation during your
visitation: We would like also a signed interim order documenting your custodial period.
Prior to exercising the balance of your visitation, please confirm as to the composition of
your household and provide a schedule of where the children will be during their visitation with
you. Once this information is received, we can coordinate the schedllling-ef the exact dates of
visitation. When the children are with you, we also request that they have free access to contact
their Mother at any time they desire. We also request that specific times for telephone calls be
scheduled.
Please forward the requested information and we can commence the scheduling of your
summer visitation, I would be happy to speak to your counsel on this matter.
Barbara-Sumple-Sullivan
BSSlld
Enclosure
cc: Ms. Lorraine A. Arindain
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LORRAINE A. ARINDAIN,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. .
No. 01-3197 Civil Action - Law
ELUlT LOPEZ-ENRIQUEZ
IN CUSTODY
Defendant.
ORDER OF COURT
AND NOW, this 8th day of June, 2001 upon consideration of the request of the counsel
for Plaintiff, the Custo-ayconciliation Conference previously scheduled for July 9, 2001 at 1:00
p.m. is hereby continued. It is hereby directed that their parties and their respective counsel
appear before Melissa Peel Greevy, Esq., the conciliator, at 214 Senate Avenue Suite 105
Camp Hill, PA 17011 on the 23rd day of July, 2001 at 11:00 a.m. for a Pre-Hearing
Conference.
FOR THE COURT,
~:4#!~
ustody onciliator 'I
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable
accommodations available to disabled individual having business before the court, please contact
our office. All arrangC!llenls 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 ATIORNEY AT ONCE. IF YOU DO
NOT HAVE AN A TIORNEY 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
o.
i~
LORRAINE A, AR.1NDAIN
PLAINTIFF
v.
ELUIT LOPEZ-ENRIQUEZ
DEFENDANT
IN TIIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
01-3197 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, June 01, ZOOI
, upon consideration of the attached Complaint,
it is hereby directed that partic:U!ld their respective counsel appear before Melissa p, Greevy, Esq. _, the conciliator,
at Z14 Senate Avenue, Suite 105, Camp Bin, PA 17011 on Monday, July 09, ZOOI at 1:00 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 defme 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 aud all exlstiug Proteetiou from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled heariug.
FOR TIIE COURT,
By: Is!
Melissa P. Grel!'QY. Esq. \6~ ~'\
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilifes Act of 1990. For information about accessible facilities and reasmiable 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 TAKETmS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Te~ephone (717) 249-3166TR.UE COI>Y F~CM l\ECORD
'In Testimony whereof, I here unto set my hand
- and the seal of said Court at Carlisle, Pa.
This _..:(1......... day of...~..7' ~:t.
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LORRAINE A. ARINDAIN,
Plaintiff
v,
: IN TIIE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - CUSTODY
ELUlT LOPEZ-ENRlQUEZ,
Defendant
: NO,
1)/, 3/ 1f7
cwJ
ORDER OF COURT
AND NOW, this day of ,2001, upon consideration of the attached
Complaint, it is hereby directed that the parties and their respective counsel appear before
, the conciliator, at on the day of
200 I, at _.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve
the issues in dispute; or if this cannot be accomplished, to define and n~w the issues to be helU'd 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.
FOR THE COURT,
By:
C~stody Conciliator
The Court of Common Pleas of Cumberland County is required by law to~ply with the American
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 ATIOR.~EY AT ONCE. IF YOU DO NOT
HAVE AN ATIORNEY 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
2 Liberty Avenue
CARLISLE, PA 17013
(717) 249-3166
"
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()
LORRAINE A. ARlNDAIN,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V ANlA
: CIVIL ACTION - CUSTODY
ELUIT LOPEZ-ENRIQUEZ,
Defendant
; No.DI- 3/97
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CUSTODY COMPT.ATNT
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The Plaintiff is Lorraine A. Arindain (hereinafter referred to as "Mother~. w"o :<:,
-<. ,,-
currently resides at III S. 24r11 Street Apt. IN, Camp Hill, Cumberland County, Pe'!P-sylvania,
1.
170 II.
. .
2. The Defendant is Eluit Lopez-Enriquez (hereinafter referred to as "Father"), who
currently resides at 180211dlewild RD SW #2, Lakewood, Washington 98498,
3. Plaintiff seeks to confU'lIl. legal and physic~ custody of the f~llowing children:
NAME
PRESENT RESIDENCE
DATE OF BIRTH
Eluit Lopez-Enriquez,II
E~i1ie L. Lopez-Enriquez
IllS, 2411I Street, Apt. IN
Camp Hill, PA 17011
4/8/90
J/28/91
4. The children are presently in the custody of the Mother who resides at III S. 2411I
Street Apt. IN, Camp Hill, Cumberland County, Pennsylvania, 17011.
5. During the past five years the children have resided with the following persons at the
following addresses:
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DATES
ADDRESSES
NAMF.lilOF'PF.R.q)NS
IN HOIJSEHOT .D
9/00 to present
IllS. 24'" Street Apt. IN
Camp Hill, P A
Mother, the children
and the children's
brother, Jaron
6/00 to 9/00
336 E. Sheridan Avenue
Annville, PA
Mother, the children,
the children's brother,
Jaron and maternal
grandparents
7/97 to 6/00
New Market, England
Mother, the children,
the children's brother,
J~on and stepfather,
JasonArind&n
6. The Mother of the children is Lorraine A. Arindain, currently residing at III S. 24'"
Street Apt IN, Camp Hill, Cumberland County, Pennsylvania. Mother is married but separated from
her spouse.
7. The Father of the children is Eluit Lopez-Enriquez, curren~y residing at. 18021
Idlewild RD SW #2, Lakewood, Washington. Father's marital status is UDknown but believed to be
divorced from his second wife.
8. The relationship of the Plaintiff to that of the children is that of Mother. The Plaintiff
currently resides with the following persons:
NAME
RELATIONSHIP
Elutt Lopez-Enriquez, II
Emilie 1. Lopez-Enriquez
Jaron Philip I. Arindain
Child in question
Child in question
Children in question's brother
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9. The relationship of the Defendant to the children is Father. Mother has no mowledge
of the current composition of Father's household.
10. The parties participated in an action in Pierce County in the State of Washington.
The parties entered into a Parenting Plan dated June 23, 1997 which provided Mother with legal and
physical custody of the children and allowed Mother and the children to relocate to England. Said
relocation was due to Mother's Husband's military deployment Father was provided rights of
visitation during the ~ers while the children were out of the country. Thj: children reJ;Umed to
the United States in June of2000. A copy of said Parenting Plan is marked as Exhibit "A", attached
hereto and incorporated by reference herein.
11. Plaintiff has no information of a custody proceeding concerning the children pending
in any court of this Commonwealth.
12. Plaintiff does not mow 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, Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children have been named as parties to this action.
14. Father, by his own choosing has had little or no contact with the children. Although
the Parenting Plan provided Father with time with the children, Father did not see the children from
June 23, 1997 until November of 2000. Fatljer's calls to the chjldren have been minimal.
3
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15. When. Father finally requested to see the children in November of 2000, Mother
acquiesced but he did not utilize his entire time. On two of the days, he saw the children only two
hours, Two other days Father did not see the children at all. After this visitation, Mother learned
that Father was operating a motor vehicle with the children while he had a suspended license.
16. Father has not provided support for the children and is in arrears in excess of
$11,000.00. Mother has no lmowledge of Father's present living conditions. In the past, Father has
been evicted from his home, lived in a hotel, had his car impounded and ~e has not maintained
employment.
17. After not hearing from Father for an extended period, Mother has received a request
from Father requesting extended visitation for this summer. It is necessary that any contact be
phased in with the children due to their being away from their Father for extended time.
18. It is believed that Father has family in New Jersey, The children visited with same
last November.
..-.
20. Mother avers that, because of Father's lack of consistent contact with the children,
shorter periods of visitation are required so as to allow the children to reacquaint themselves with
their Father, This phase-in period will also allow Father to verify that his lifestyle has stabilized and
the chi1dr~ will be safe when they are with him.
21. Mother avers that it is in the c~ldren's best inter~st that the status quo be reaffirmed.
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22. The best interest and permanent welfare of the children will be served by granting
the relief requested because Plaintiff can provide a stable, loving environment for her children.
WHEREFORE, the Plaintiff requests the Court to grant her legal and physical custody of
the children.
Respectfully submitted,
DATE: May 25,2001 -
Barbara Sumple-SuIlivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
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EXHIBIT "A"
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IN THE
SUPERIOR COURT OF THE STATE OF WASHINGTON
'Itv F
IN AND FOR THE COUNTY OF", PIE~1V7)o ~tE~ 0
/('SOl:!:-
1\."". JlJN ICE
NO. P'EIlCf: 2 a 1991
B rEo fi~uulV (~ ~I\f.
PARENTI~~COU~"'IVGTOtv
_____ CLEo'lll'
[l PROPOSED (PP) DEPV7)o
[ 1 TEMPORARY (PPT)
[Xl FINAL ORDER (PP)
In re the Marriage of:
)
)
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~
ELIUT LOPEZ-ENRIQUEZ,
Petitioner,
and
LORRAINE
LORRAINE
A. ARINDAIN,F/K/A
LOPEZ-ENRIQUEZ,
Respondent.
This parenting plan is:
[Xl the .final parenting
order entered on
by the ccurt pursuant to an
which modifies a previous
( ate
parenting plan or custody.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED.
I. GENERAL INFORMATION
This parenting plan applies to the following children:
Name
Birthdate
ELIUT LOPEZ-ENRIQUEZ
EMIL~E LOPEZ-ENRIQUEZ
4/8/90
8/20/91
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....:
II. BASIS FOR RESTRICTIONS
2.1 PARENTAL CONDUCT (RCW 26.09.191(1), (2)).
[X] Does not apply.
2.2 OTHER FACTORS (RCW 26.09.191(3)).
PARENTING PLAN
WPF DR 01.0400 (3/93)
RCW 26.09.181; .187; .194
Page 1
KE"'NETH R. MIlCHELl
AIIDI1Iey II Law
1517 So. Fa_
Tacom.. wulWlc.... 98402
(2S3)3113-SS91, '.: .
WSBA.17401,
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(A.
,...,.
[X] Does not apply.
III. RESIDENTIAL SCHEDULE
These provlslons set forth where the child shall reside each day
of the year and what centact the child shall have with each
parent.
3.1 PRE-SCHOOL SCHEDULE
[X] There are no children of preschool age.
3.2 SCHOOL SCHEDULE,
Upon enrollment in school, the child(ren) shall reside with
the [x] mother [] father, except fer the follewing days
and times when the child (ren) will residE[" wi th or be with
the other parent:
See Paragraph 3.5
[x] The school schedule will start when each child begins
[x} kindergarten [] first grade [ } other:
3.3 SCHEDULE FOR WINTER VACATION.
The child(ren) shall reside with the [Xl mother
during winter vacation, except for the following
times when the child(ren) will reside with or be
other parent:
See Paragraph 3.5
[ ] father
days and
with the
3.4 SCHEDULE FOR SPRING VACATION.
-:-
The child(ren) shall reside with the [X~other
during spring vacation, except for the following
times when the child(ren) will reside with or be
other parent:
See Paragraph 3.5
[ ] father
days and
with the
3.5 SUMMER SCHEDULE.
Upon completion of the school year, the child(ren) shall
.PARENTING PLAN
WPF DR 01.0400 (3/93)
ReW 26.09.181; .187; .194.
Page 2
K~"'NnH R. MnCHElL
Aaomey 11 Low
1517 So..l'a_
T......... WulDnpID98401. ;.
(253) 3B3..sS9~:. ,;. .:....,',...;,.
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reside with the [Xl mother [ 1 father, except for the
following days and times when the child(ren) will reside
with or be with the other parent:
[l Same as school year schedule.
[Xl other: Fer summer 1997, the father shall exercise
visitation with the minor children from Friday
June 6, 1997 at 5:00 p.m. to Sunday, June 8, 1997;
Frem Friday, June 13, 1997 at 5:00 p.m. to Sunday,
June 15, 1997 at 6:00 p.m.; and Tuesday, June 17, 1997
at 5:00 p.m. to Monday, June 23, 1997 at 10:00 a.m.
On Wednesday, June 25, 1997, the children shall
travel to England with their Mether as scheduled.
Beginning Summer 1998, the father shall exercise 6
weeks of interrupted visitation wit~ the minor
children each year that they remain outside the
continental United States. The mother shall. notify
the father at least 4 months in advance of the
children's school schedule. The father shall reply
to the mother's notice within 30 davs and advise
her as to the ~ates he intends to exercise his'
summer visitation. The children shall be returned
at least 14 days prior to the first day ef school.
3.6 VACATION WITH PARENTS.
[Xl Does not apply.
3.7 SCHEDULE FOR HOLIDAYS.
The residential schedule for the child(re~) for the holidays
listed below is as follows:
.-
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With Mother
(Specify
Whether
Odd/Even/Everv)
With Father
(Specify
Whether
Odd IEven IEverv)
New Year's Day
Martin Luther King Day
Presidents Day
Memorial Day
PARENTING PLAN
WPF DR 01.0400 (3/93)
RCW 26.09.181; ,187; .194
Page 3
EVERY
EVERY
EVERY
EVERY
KE"'NETH R. MnCHEll
~IlLo...
ISI7So.f_
TI_a. Wubinclllll 9840Z
(2S3) 313.551 '
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July 4th
Labor Day
Veterans Day
Thanksgiving Day
Christmas Eve
Christmas Day
***
EVERY
EVERY
EVERY
EVERY
EVERY
[ 1 For purposes of this parenting plan, a holiday shall
begin and end as follows (set forth times):
[ 1 Holidays which fall on a Friday or a Monday shall
include Saturday and Sunday.
[xl
Other:
Mother shall have July 4 holiday
summer visitation schedule.
3.8 SCHEDULE FOR SPECIAL OCCASIONS.
subject to father's
The residential schedule for the child(ren) for the
following special occasions (i.e., birthdays) is as fellows:
with Mother
(Specify
Whether
Odd IEven IEverv 1
Mother's Day
Father's Day
Mother's Birthday
Father's Birthday
EVERY
EVERY
EVERY
EVERY
[ 1 Other:
3.9 PRIORITIES UNDER THE RESIDENTIAL SCHEDULE,
[Xl Does not apply.
'PARENTING PLAN
WPF DR 01.0400 (3/93)
RCW 26.09.181; .187; .194.
Page 4
with Father
(Specify
Whether
Odd IEven IEverv 1
-C.
KE,.jNETH R. MnCHElL
AIIlImOy II La..
ISI7 So. Fa_
T......... Waabillc.... 98402
(253) 383-5591
.~.__. II ........
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3.10 RESTRICTIONS.
[X] Does not apply because there are no limiting factors in
paragraphs ~.l or 2.2.
[ ] The [Xl 1aLher's [ ] mother's residential time with
the children shall be limited because there are
limiting.zactors in paragraphs 2.1 and 2.2 The
following restrictions shall apply when the children
spend time ..with this parent:
[ ] There are limiting factors in paragraph 2.2, but there
are no restrictions on the [ ] father's [] mother's
residential time with the children for the following
reasons:
3.11 TRANSPORTATION ARRANGEMENTS.
Transportation arrangements for the childfren), between
parents shall l::l~_~s_ fo~.~c:>~~:
Each party is responsible for their proportienal share
of long-distance transportation costs.
(Father 4-f % Mother S1. %)
,
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Father will ferward airline tickets to the mether for
children's scheduled visitation 30 days in advance of
departure. Mother will then reimburse father for her share
of travel expenses.
Transfer of the children shall occur at the airpert
where the children are scheduled to depart and arrive,
not at Lakenheath Air Force Base. Until such time when the
children reach the age that airline rules and regulations
permit them to travel without adult supervision, the
father shall accompany the children f~ England to the
United States and the mother shall accompany the children
from the United States to England.
3.12 DESIGNATION OF CUSTODIAN.
The children named in this parenting plan are scheduled to
reside the majority of the time with the [Xl mother [ l
father. This parent is designated the custodian of the
child(ren) solely for purposes of all other state and
PARENTING PLAN
WPF DR 01.0400 (3/93)
RCW 26.09,181; .187; .194
Page 5
KE"'NETH R. MnCHELL
Auomey II Law
1517 SO.F......1t
T......,., Wuhinpon !l84OZ
. (2S3) 383-591
Wl:RA' 17401
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federal statutes which require a designation or
determination of custedy. This designation ~l1all not affect
either parent's rights and responsibilities under this
parenting plan.
3.13 OTHER:
All correspondence between the parents regarding school
schedule and summer visitation dates shal.l be accomplished
by certified mail with return receipt.
Each party shall keep the other apprised of their current
address and phone number,
Neither party shall interfere with correspondence between
the children and the other parent. Each party shall have
reasonable telephone contact with the c~ldren while
they are in the other parent's custody.
IV. DECISION MAKING
4.1 DAY TO DAY DECISIONS.
Each parent shall make decisions regarding the day-to-day
care and control of each child while the child is residing
with that parent. Regardless of the allocations of decisien
making in this parenting plan, either parent may make
emergency decisions affecting the health or safety of the
children.
4.2 MAJOR DECISIONS.
Major decisions regarding each child shall be made as
follows:
-
Educatien decisions [X] mother [ ] father [ ] joint
Non-emergency health [X] mother [ ] father [ ] joint
care
Religious upbringing [X] mother [ ] father ] joint
4.3 RESTRICTIbNS ON DECISION MAKING.
[ ] Does not apply because there are no limiting factors in
paragraphs 2.1 and 2.2 above.
PARENTING PLAN
WPF DR 01. 0400
RCW 26,09.1811
Page 6
(3/93)
.1871 .194
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KE"'NnH R. MIlCHElL
Aaamey II Law
1S17 So. F._II
Tacoma, w..m..,.... 98401
(253) 38305591
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[X] Sole decisicn making shall be ordered to the [X] mother
[ ] father for the following reasons:
[ A limitation en the other parent's decision-making
authority is mandated by RCW 26.09,191. (See
paragraph 2, 1 ) .
[ ] Both Darants are opposed to Dlutual decision
making.
[X] ODa Darent is opposed to mutual decision making,
and such oppcsition is reasonably based on the
following criteria:
(a) The existence of a limitation under RCW
26.09.191~
(b) The histcry of participation of each parent
in decision making in each of the areas in
RCW 26.09.184(4)(a)~ -
(c) Whether the parents have demonstrated ability
and desire to cooperate with one another in
decision making in each of the areas in RCW
6) 26.09.184(4)(a); and
(d) The parents' geographic proxi.mity tc one
another, to the extent that it effects their
ability to make timely mutual decisions.
[] There are limiting factors in paragraph 2.2, but there
are no restrictions on mutual decision maKing for the
following reasons.
v. DISPUTE RESOLUTION
Disputes between the parties, other than child support
disputes, shall be submitted to (list pe;son or agency):
CAJ.d deli'on h7 ~ ~ n tU:I~/(e
~] ee"'~Be~iR" sy ~~~ ~ _ ~ ' or
[ J ~~Al?~'~R &y_ ' r
t J =.,..1-'1; +-r:3.'tiePl BY , . .
The cost of this process shall be allocated between the
parties as follows:
[ ]
[ ]
[ ]
, mother , father.
based on each party's proportional share of income from
line 6 of the child support worksheets.
as determined in the dispute resolution process.
PARENTING PLAN
WPF DR 01.0400 (3/93)
RCW 26.09.181; .187; .194,
Page 7
KE"'NnH R, MnCHELL
Aaomey II Low
1517 So. Fa_
Ta""",.. WuIIinpm Il840Z
(253) 383.5591 " :
U'l:D.I.." 1'7An, .".
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The counseling, mediation or arbitration process shall be
commenced by notifying the other party by ! ] written
request [ ] certified mail [] other:
In the dispute resolution process:
(a) Preference shall be given to carrying out this
Parenting Plan.
(b) Unless an emergency exists, the parents shall use the
designated process to resolve disputes relating to
implementaticn of the plan, except those related to
financial support.
(c) A written record shall be prepared of any agreement
reached in ccunseling or mediation and of each
arbitration award and shall be ~~ovided to each party.
(d) If the court finds that a parent has used or frustrated
the dispute resolution process without good reason, the
court shall award attorneys' fees and financial
sanctions to the other parent.
(e) The parties have the right of review from the dispute
resclution process to the superior court.
[X] No dispute resolution process, except court action, shall be
ordered, because [ ] a limiting factor under RCW 26.09.191
applies or [X] one parent is unable to afford the cost of
the proposed dispute resolution process,
VI. OTHER PROVISIONS
[X] There are no other provisions.
[ l' There are the fcllcwing other provisions: .
VII. DECLARATION FOR PROPOSED PARENTING PLAN
[Xl Does not apply, ~
[] (Only sign if this is a proposed parenting plan.) I declare
under penalty of perjury under the laws of the State of
Washington that this plan has been proposed in good faith
and that the statements in Part II of this Plan are true and
correct.
Mother Date and Place of Signature
PARENTING PLAN
WPF DR 01.0400 (3/93)
RCW 26.09.181; .187; .194'
Page 8
KE"'NETH R, MI1CHElL
AIllIIneY II Low
1517 So.Fo_
T_ WublDclllll 98402
(253) 383-5591 ' ,
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Father
Date and Place of Signature
VIII.
ORDER BY THE COURT
[ 1 Does not apply.
[Xl It is ordered, adjudged and decreed that the parenting plan
set forth abcve is adopted and approved as an order of this
Court.
WARNING: Violation of residential provlslons of this order
with actual knowledge of its terms is punishable by contempt
of court and may be a criminal offense under RCW
9A.40.070(2), Violation of this order may subject a
violatcr to arrest.
=
When mutual decision making is designated but cannot be
achieved, the parties shall make a good faith effort to
resolve the issue through the dispute resolution process.
If a parent fails to comply with'a provlslon of this plan,
the other parent's obligations under the plan are not
affected.
H. EDWARD HAARMANN
{J COURT COMMISSIONER
~3~~se/Ccmmlsslcner
Dated:
!
/
~..:::~. ~,...by :
. ~--t.
Ke neth R. Mitchell, W~
torney for Respondent
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Approved for entry:
/lw#/I&~d/
~ k /d-;L;me:.r-
K4r<AA...~ I6d~11
~t :f;;..ype Name
#17401
Kenneth R. Mitchell
Print or Type Name
PARENTING PLAN
WPF DR 01.0400 (3/93)
RCW 26.09.181; .187; .194
Page 9
KENNETH R. MnCHEll
Anome1Il Law
1517 So, F_
T_ W.......- 9Mn
(253) m-SS91
I. ""
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V ANlA
: CML ACTION - CUSTODY
LORRAINE A. ARINDAIN,
Plaintiff
ELUlT LOPEZ-ENRIQUEZ,
Defendant
: NO.
VERIFICATION
I, LORRAINE A, ARINDAIN, hereby certify that the facts set forth in the foregoing
CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and
belief, I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A.
Section 4904 relating to unsworn falsification to authorities.
~~.,,~ 0. .~O~
LORRAINE A. ARINDAIN
~
EXHIBIT "e"
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lioSr" i:W.q.t eo... 9i1r141
june 08, 2001
Dear MB; Arindain,
This letterjs to iDform YOIl of my RCCDt clMe in addn:ss. My ppst ~ at .
Jdlcwild!lt had a ga.~ leak in wbcll my neihhor and myselfwere furce to vacate the prelil
csis,
My IICW home addrI:sll is listed beluw. Tblmk. you for yuu ~.
2624-A Sbuth~"
J.akewood.. W A 9""';',.
hume phone: 2S3-SWJ4!59
cell phone (same) 253-973-174S
7iJ.
Eliut Lopez-Enriquez '
f.S. ::! /p;,/ be li~f DA. rI
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PI LED
IN COUNTY CLERK'S OFFICE
AM JUN - 82001 P.M
,
-
SUPElUOR COURT OF WASIIINGTON
COUNTY OF P
.];.U4 t.
In ~ Eliot Lopez-Enriquez
".. \I" ~I ""GTQf'I
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NO. t<; - ? - DC q <bT - v
Petitioner,
Respondent.
SUMMONS
(MODIFICATION/ADJUSTMENT OF
CUSTODY DBCREFJPARENTINO
PLAN/RESIDENTIAL SCHEDULE)
(SM)'
And
Lonain~ A. Arindain
FKA: Lorrain~ A.Lopez.Emiquez
TO: Lorraio~ A. Arindain
FICA: Lorraine A. Lopez-Enriqucz
1. An action Iw been started in 1bc abov~ court requesting tbat a custody decreelparenting
planliesickmtiaJ ~ale be modified/adjusted. AdcIitioaal requests, if any, are sta1ed in
1bc petition, a copy ofwbich is atlacbed to this DOtic:e.
2. You must respond to this DOticemd po;:titiuu byserviDg a copy of your written respoasc
on _ persoD sigaing this """_ and by filiq the original wi1b 1bc clerk of the c:ourt.
If you do DOt serve your writtm nsponIe within 20 days (or 60 days if you are served
outsid~ of1bc state ofWMh~) afterthlldate this II1IIIIIIIODS W8S served on you,
exclusive of the dayof' IfIIYice, the court mayll1ler RB 0I'der of default apinst you, and
tho cowt may,- without fiJrtherllDtice to)'Oll, CIDr an order reprdillglldequalD cause 8Dd
a decree to lIIodif31adjdSt 1he- c:astodyda:nteIpamdiDg plialRSidaltiaJ schedule and
providing for other reJicf'requeskld in the petition. If you serve a naticC of appc8l'IDCe
on the UDClarsigned penon.:yoa are eatitled to DOticebefmeID onIer.of,cletilplt or.
decree may be entered..
3. Tho court sbaII deuy the pdhiw unless it finds tbat IIdequIIB _ for hearing the
petitioa is estIbUsbecl. in wbidacaseit sbaIl SlIt a_ ,for hearing 0IHIIt order to show
_ why the IeQUISlIld onIIr or modific:ation should DOt be .....dl.d.
[] Temponry ~.I pJac~IIICat orc:astody is nat being -sbt. I
[xx] Temporary pcidoonMl pllcemcat or c:uslDtly is beiDg """8f't If IIdaquate _ is
fouad, the court may pI'IlllllCCI imm........Iy1D hoarthe motion ibr 1eIIIporary
p1acemaatlcustody or may CODtinae the matlm'to .lmr time.
4. You may file ID opposiDa decIInd:ioD to show that there is not IIdeqaa1Il cause to bold a
full hoariDs- If you do DOt file ID opposiDg dec.ia.1tio4 or respond and the court finds
tbat adeqU8ill_ exists, the ClllIIrt mayllllterID adeqlI8Ie _ onIer ancllD order
modifYinIIadjustinc the ClII1IOdy dccre&v'l-...4D.& pIIIDI.",~ ~I~ wi1hout
notiI:e to you pul-.tt to RCW 26.09.270.
S. Y OlD' writtm I'IlIpllIIP' to the _mODI 8Dd petitioq mlllt be on form WPF DR. 07.0200,
Respoase to PetitioB fur ~oaIAdjulIlmllllt ofClllllldy Docr=IParenting
plaalRasideatiaJ Sc:hedule. This form may be obtaiued by COIIllIctiug the clerk oflhe
SUMlIONS'MODIADI PAREN7'ING PUN ~U1_ P_ I "n
~,. .
.
court at the address below, by contacting the Office of the Administrator for the Couns
at (360) 705-5328, or 1iom thelntemet at the WlI5bington State Courts hOlDqiage:
http://www.eoal1l.wa.gov/Conu
6. If this action bas DOt been filed with the court, you may demlDd thltt the petitioner file
this action with the court. If you do so, thedetD8Bd mast be in writing and must be
served upon the persoo sigDing this notice. Within'14 days after you serve the demand,
d1e petitioMr-must fil~thisllCtionwith the court, or the service on you of this notice and
motion -wiI1 be void.
7. If you wish to seek the advice ofan ~ in this mlll1er. you should do so promptly so
1hat your "..iltw I""lp""..... if my. may be served 011 time.
8. One method ofserviDg a copy of your nlSpOIISC.OII tho petiIioner is to sead it by certified
mail with retum receipt requested.
This SWDIDOIIS is issued JllII'SIIlIIIt to Superior Court Civil RuIa 4.1 of tile
Dated: ).1'- <6, "2..oDl
Eliut Lope2-Enriquez
Print or Type Name
FILE ORIGINAL OF YOUR RESPONSE
RESPONSE ON:
WI1lITHE CLERK. OF THE COURT AT:
SERVE A COPY OF YOUR
Pien:e Coanty:
{N1IIDe of COurt]
[xx. ] Moving l'Irty .
[ ] Moving Party's Lawyer
B\iut Lope2-EDriqucz_
[NlIDe]
930 Tacoma Avo So. RID no
Tacoma WA. 8402-2177
[Address]
2624-A SoudI92 SIreet
LabwoocI.- W A 9l149!l
. [AcIdre8sJ
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SUMMONBMOBINJ:Ii>ARENT/NO PLAN fSM)'o fI.. 2",2
F I LED
IN COUNTY CLERK'S OFFICE
A.M. JUN - 8 2001 P.M.
PIERCE COUNTY WASHiNGTON
TED RUTT, COUl\'TY !'" rt'll(
BY -
SUPERIOR COURT OF WASHINGTON
COUNTY OF P.
:J:.u.c.t..
Inre:
E6ut Lopez-Eoriquez
NO. ""5'~- Olt'37- - c
Petitioner,
l".tmllON FOR
MODIFICATION/ADJUSTMENT OF
CUSTODY DECREFJPARENTlNG
PLANIRESIDEN11AL SCHEDULE
(PTMD)
And
LorraiDe A. Arindain
FICA: Lorraine A. Lopez-Emiquez
RespoadeDt.
1.1 IDENTIFICATION OF PETITIONER.
NlIII1e
DIdIl of Birth July 10, 1967
Driver's Liceuse or Lopaze.33Sms
Id~.i (# md StIde) -
2624-A south 92DO Street, Lakewood, W A 98499
Home Addnlss
1.2 IDENTIFICATIONOFRESPONDBNT.
NlIII1e I Lorraine A. AriDdain
FICA: Lorraine A. . , Bmiqacz
Date of Birth August 12, 1969
Drivcr's Liccmc or UDknown ' . ..0..
TdP.ntieaRI (#I aDd State)
III South 24111"Street, spll-nordI, Campbill, PA 17011
Home Addnlss
PEl' FORMODI.4DJ P.utENT/NG PLN (PTMD}-hp 1 if?
WPF DR 01.010fJ (lIQOIIO) - CR 4.1; RCW1f.DUI/; .260;.210
FILED
IN COUNTY CLERK'S OFFICE
A.M. JUN - 8 2001 P.M.
1.3 DEPENDENT CHILDREN.
'T".......'.."GT".I
PiERCECOUN,! 1~1'"?,'i,,:.VI;
TI r.1'"\ RU-I T :~CUi\rr f C_cRK
L.LI I .. ..I-~.J.""\I
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Name IJ:oIlut -r _. ez-r.nnquez
Date of Birth AprilOl,199O August2S, 1991
III South 24m Street, apt l-norlh, III South 24m Slreet, apt I-north,
Home Address PA 17011 Campbill, PA 17011
Name "' 4
Date of Birth
Home Address
n. BASIS
2.1 1'buuON FORAN ORDER MODIFYING CUSTODY DECREFJPARENTING
PLANIRESIDEN11AL SCHEDULE.
This is a petitioa ibr mcxda-1DIldifyiag the prior cuslIIcIy decree/plremins planlnsidlmtial
schedule in this 1IIlIIIa' aad IIppIOYiuIl the paOpllSlld panmting plaDhesidential schedule, which is
filed wiIh this petitio.a.
2.2 ADEQUATE CAUSE.
Tbcre is adoqnaIiD _ filr beariDs the peIiMn for modification.
23 CHILD SUPPORT.
[xx] DoesnoUpply.
[ ] AD cxda- ......Iiohing cbiId ~ in c:aqj1IIIdion willa the ..."J'OII8Cf pID'II1ting plan sbouId
be ........d. A child 1lIppClIt1llllbllllll: aad fi.......,;,,! decImtioa bave ~ filed wiIh this
actim. (No aCt-4. pditiuu filr 11lllIIifie-tian of cbiId ""I'I""'t Deeds to be tiled.)
2. 4 JURISDIcnON AND VENUE.
The eourt bas JII'OIllII' jurlodww. aad _lie.
The moving pIrty n=sides ia _Pien:e County, WA
The c:bildra1 reside in _1Ia1riIbarJ. PA
SID],
[CouaLy IIId SID].
[Caumy 11IIII
PET FORMODlADJ P.4RENl7NG PLN (P'tJ/D) -P.". 2';7
WPF DR 07.0lDO (911000) -CR.4.l: ltCW26JJ9.lBl:.260:.17fJ
The other party resides in
and Slate].
~PA
[County
F I LED
IN COUNTY CLERK'S OFFICE
A.M. jUN - 8 2001 PM
2,5
JURISDIcnON OVER PROCEEDING.
ThOll court L__ jurisdiction ~- this _...I'mg for 1hc: --. bel~ PiERCE <;OUNTY WASr.iNGTCN
..... v._ /"- ._~ v_, TED RUTT CCUNi Y Cl.ERK
ny I :'V:':;'i""
oJ ____...___.~i.....1 ~. ,
[xx] This staIie is 1hc: home staIie of the childreD becallse
the c:hiIdreu lived in Washington with a parent or a persoo acting as a parent for at
1east six COIISlICUlive tDODths immedialllly pn=ceding the commencement of this
proc-t"'l.
the childran are _ than six IIIOI1ths old aod have livecI ita Washington with a
parl'JIIl or a person acting as pmIIt since birth.
any 1b8a!t"'W &om W..hillgtnn have been only tanpcmny.
Wasbiogton was die home staIie of the chiIdn:a within six. months before the
C(Vllmeacemeot oftbis prt'ceetliI1g and the cblldrca', -bsere &om 1hc: SUdIl is
b-nor ofranoval or rdlmticm by a pcnotI claiming ClIIIDdy or for odJer _""".
[xx] It is in the best ilA.....t of the children that this court UIllIIIIO juriBcIiI:tioa bec:auso the
chiIdrm 8Dd the }Ilh....b. or the children aDd at 1east ClIIIl 0.411.'.......-,.1 have ,ig/'ifi_
CClIIlKllllioa with 1hc: stBtll; there is substantial evidence conceming the children's pr~1 =Dt or
future care, ...otec.tioD, training and personal relOItinnehipo in the stBtll; and
[]
[]
[]
[xx]
[ ] The cbildreD have DO home IIaID eIsowbln.
[ ] The cbiIdrm'. home staIie bas dec1iDed 10 exercise jurisdictioo.
[] The c:biIdreD are phyaically plICSC4t in this staIie 8Dd bas been .'-uInqc,d or it is IIC('-"'- i
in an __/10 pnDc:t 1hc: children "-'- they have beeD subjecllld 10 or Ib.~
with mLt.-I...cor lIbuse.
[xx] _ No other allI1e bas~ or a.. witbjurisdiction bas dorllneli'to e.xmcise
jurisdic:tioo on the grouad thatthia aIIIIIl is the mOle _ot-i.dI.1brum and it is in the beat
iD1Inst of1hc: cbiIdrm for tbis court 10 __ j.r""iel1oa.
/
[xx] This court _ to"o.I:",,:"gjurisdietio.a .....-the court _ pwioualy mide a cbiId
CUSlDdy or I""..dibg plan dr:Imnination in this IIIlIlIr:r and WlIIIbiDgIDn ,""".in. tbe
r-;,u"",., of1hc: c:biIdreD or my~
[xx] 0Iher: Pt.1iIi-ll is ClJrftlIIlIy married 10 an Active manber of1hc: Anulld F_ and
pow.mnn takes placo rtery 3-S yan.
PEl' FORMODINJJ PAJl1Nl'IN(J PLN (PTJIDJ .,,,..3';7
WPF DR07.0ItJO (912000). CR 4.1: RCW26.09.I8I: .260: .210
2.6
UNIFORM CHILD CUSTODY JURISDICTION Acr INFORMATION,
FIL ED
IN C~UNT.y CLERK'S OFFICE
AM ,IUN . 0 '0"1 PM
o _ 1/. '"
Name of Child
Mother's Name
Pather's Name PiERCE COUNTY il'o'':'S4''''G'OI'
OP"'r. .....']._ 11',-" .,;'!., .
.' "" I~'~ !, CCUNi'f ('I ;:PJ(
Eliut r --EnriBl'_- _ 72.J' ,....
.wu~ qucz-- --~__. __"., LI: :
E1iut Lopez-cmiquez
EUut Lopcz-Enriqucz U
Emilie L.Lope:z-Enriqucz
Lonaioe Arindain
Lorraine Ariudain
During the last five years, dill c:biIdren have lived:
[] in no place othertban tile sllIlIi ofWashinglDa and with no pllIDl otbertban the moving
pIIrty or the oIher puty.
[xx ] in the fullowing pbas with dlllfuIlowiag )llIIIllIIS (list cac:h place the ehiIdnm lived,
including the sllIlIi ofW~ the datai tbIl c:hiIdreD Iivcd 1bere and 1he D8IDllS and
1>' 1 ..d IIlIdraIes of the pasoas with whom the ehildran 1Md):
II11H1I997toNovanber2000UailldIC~ "F.ngl.nt1
November 2000 to Prmm CampbiJl, PA ,
S.....'1. crt{ lob J"~"'~ ,}. .. '1.(.0_ UJ 'l .
Claims to custody or visila1icm..
[xx] The moving puty cIocs not know ofany penon other dum 1he oIher puty who bas physical
custody ot or claims to baYe c:astody or vi..illltiw ri&fds to, 1he cbildnm.
[ } 1'IHl fbIlowing JIllISOIIS haw pbyIical custody at or claim to haw custody or visitmon
rights to, the following dIi1dreII (do DOt list tho other puty):
Olher 1epl ~iqp -am.. tbDc:bikhaL.
[xx] The moviDg puty bas IIClt t-'I~ in, IIIId is DOt aware at any aIIIII' IqpII jiloo"",firlp
- IlOIIllIlI1Iingthe c:IIiIdna, inPJ~ any patImity'.~ or custody pnlr-fiqp
[] The moving pIIrty bu IWj~ ~"'I"" in, or is aware at tho following 1epl pnl ~ ~irlp wbich
ctlDCIIIIthe cbiJtInu (list tbD chiIdna c:oaccmed IIIId the COlIIIty, .....1IIId ,case number of
the pror-liIll>:
2.7 CUSTODY DECREE OIl PAREN11NG PLANIRESIDENTIAL SCHEDUI..E.
PEl' FOR MODI.ADJ PAREN77NG PUt (P'IJDJ) -P6p 0#.1
WPF DR 01.0/00 j!lI2t1OO) - CR 4.1: Rt:W 26.09.181: .2fD: .210
The Custody DecreeII'uaItin PImIResicIcDtia Sc:bedulc was c:$<ecI'OI\_June 23, 1997_
[Date] It_PierceColmty, WA [CouIIty adS1Blll]. A certified copy of tile
C~ ~arentiDg Plan lResi~ Schedule 10 ~ JIlftI!ifi"'" is filed with or ~is
petition, if the decne or plan 10 be modified wu entered m lIIIOtberCOllllty ~UNTY CLERK'S DFI:ICf
2.8 MODIFICATION PURSUANT TO RCW 26.09.260(1), (2): A.M. .JlIN - 82001 P.M
[xx] Doenot apply.
P,"i:RCl:- "'OUNTY i,IV.' SH"o!G
- v , . "' T'
~-c "u".~ - r..: I In .Ol~
..) c. K' ", l:OU~I'Y r. <:PK
Sf I ~"":=.,I.._",,
The cuslDdy decree/pBretIti pllmlresideDtial scbeduIo shouId be miic1ihea """ pu..... -., J ~~;" I ,
subsllmt:ial clump of ciJcumsIm:es has oc:cumd in the ciresnn........... of tile children or
the other party 11IIII the modificatioo is in the best ;.&..... of the childm1 and is n_ry
10 save the best iu~... of the cbildnm.. This request is hued 01\ the iiIctors below.
[]
[ ] The j)ouwdb agree 10 the modifical:iou.
[] The cbiIdrea have been ~odlod into my fiunilywith the consent of the other
pareal in IL'hotMd;.1 deYiItion from the cfec:reaIpareat planlresideatial scbeduIc.
[] The cbiIdrea's eavirnn- UDder the custody decno'panIIIling pIan/resideotial
~""',lIe is detrimealll.110 the cbildrea's pbysical, D2eIIIaI or emotioaal health aad
the Juam like1y 10 be ClIIISed by a cbaDp in aMaOuWaJt-is outweigbecl by the
IIIIv8aIIge of a cbau&D 10 the chiIdnla. '
[ ] The other pareat has beea fonnd in oo.dewpt of Court at least twice wirhiD dno
yeBIII J-."-1he pmat fiIiIed 10 comply with the Te"l(Io..li.' time pmvisioos in
the CllIIIt-Clldend .-..... pIID, IX'the pareat ha blIea COIlVictecl of C'JIIIntI;.1
wkdi,._ in lhe first or secoad cIepw uader RCW 9A.40.060 or 9A.40.070.
2. 9 ADJtJS'lMENTS TO RESIDliN11AL PROVISIONS PURSUANT TO RCW 26.09.260(5),(1).
(] Does not 1ppIy.
[xx] - The CUSlIDdy dec:roeIpareaIi plaalnsidentia1 schedule IhauId be lKljlISIIId her.ur1he
proposal JIInrli& ..tioa 10 the ClI8lody dec.Ql/.-..utilqJ pJao/p!ld.wm.' ........... is in the
best u..... ofthec:bild IIIIi is a minarmnc/ifQliOll in the r-UI.ntl.1 sc:J-h.I.. tbat does
DDt ..~ the...ce the c:biId is scheduled 10 reside in the n..,ju,itJ' ollhe time 8Dd:
[] isnotmendum24fidl~ina""~)'IlIIr,or
[xx] is bued 011 a c:haDp of residmce IX' an invohmlary c:haage in 1IVOIt scbedum by a
pareat which makes the I.~-;.....I:.I st:hadule in the t""....n.. plan impr&ctK:al1o
follow; or
[] the iDe. is men tbaD 24 fidl ~ but /as thin 90 ovemisbIs per~1Dlttl, 11IIII
the custody decreefl-...diue plan/r-ldo.nf;.1 seJ-bde does DOll"uyidc - t>o..hJe
time willi dID ~4o.ry ;..~:.i.I"",
PEl' FORMODIADJ PARENTING PIN (PTMD) -Pap j .7
WPF DR f11.D10fJ (MDOO) - CR 4.1; RCW 26.09.181; .NO; .270
.
[ ] The custody decree/pareDtin plan/residential schedule should be adjusted because the
nouresideDtiaI parent his voluntarily fili1ed to exercise residential time for one year or more
and the adjustmeut is in the best interest of the children.
2.10 ADJUSTMENTS TO NONRESIDENTIAL PROVISIONS PURSUANT TO RCW 26.09.260(10).
[] Does not apply.
[xx] The followiDg IIOIIIesideatial provisions oftbe ......ulil.g plm should be adjusted bec:ause
there is a suIJ..'..4:.1 cbaogeofcircnm-....... ofeilherpamtorofthe child and the
adjuslmCDt is in !be best _at oflhe child:
[] Dispute resolution.
[] Decision making.
[xx] TraDsporudicm 8IJlItIPIIealI.
[] Other:
IN COUNf/ C~ ~Ep'j{YS ',...-'C.....
.... I 'I",.....c:
AM.- JUN ~ i' 'an. pft'
o l. u, ..r..
?L€RCE ,COUI~Tt' Wt.;;;-;"U;:-fll'
IcD Ru:rr .",.... '..r~~ .I!~\;JU <(
BV I I \"'\JVi'l Y C;..[R;{
, --..._-.-._._t..EPd.~1:
2.11 SUBSTANTIAL CHANGE IN CIRCUMSTANCE.
The requested modification or adjustment of the custody decree/pareDtin plan/residentia.l schedule
is baed upon !be foUowiDg sabsl8miaI c:baiIge in circumstanc:e: The primary residence of the
children bas c:Iumge FI'llII UDilIld JC;~, "Il.I1rd. to OonIphill. Pa, UDilIld Slates.
2.12 onnnt
~
m. Jn~'[ JF.I;' REQUESTED
The IIlOViD& pIrty REQUESTS 1bat1be COIDt find tIItIt there is ~ cause for he8riug this petition ind
IIIII:I'lIII order II1OCIifyios 1be CUIIDdy dec:.:-'9u~ pJanh-i"-ti.l ....IwodaIe in this IDIIiter lIIIlI
appraviDg 1be 1"upu0004 pInI1IiDa pJ.m.lr-idoonti.l sc:heduIe, which is tiled with this petition.
[xx ] The moving pIIty also requtlSllI1bat!be comt:
[ ] EDter 11II order eslablishiDg child SUWOst in coqjunction with the pnlpllSOd pBI'OIltiDg
p~.1 schedule. !be chiId support 1WlIbheet and financial declantion are filed
'with.this~tiw.. .
[xx] Other: NJA
PEI'FORMODIADJ P.4REN'1'1NGPLN(PTMD) -Pap 6 t1/7
JVPII' ~rn:fttfIft(JIf2fXJfJ) -ClUJ.; RCW26.09.181:.2fD:.21O
.
Datrd:
~j" ~ ,l.....,.,
.
Signature of
~\:u~
Print or Type Name
'"
~ undr:r ~ UDder die laws of the state of Washington that the foregoing is true lIIId
._- ~ .,..~_IJ/7c.,~::\.. . 'J.>^ :z..29-,
~~
r.; ,~'" \.. l..a.Al"''l~~'''''''''f->""'L-.
Print or Type Name
[] JOINDER.
The l1OIIIDoviDg puty joins in die petition. By joining in the petition, die nonmoving party agrees
to the enlJy of a cIecree in lICllOIdIDce with the petition, without further notice.
Dtad:
Sipalun: ofNClDJIlOYiDg Party
Print or Type Name
IN CO f I,LE D
UN I Y . '~I"'"'" "~F
~.-!\n ~ lJt IC':
AM. . JIJtJ ,,_ .'
. . ., . <> i'nOl p
. _u .M
Pj/:::?C" ~"-'UN-
. y::, t.":'.l-!. ' I ~ 'of ifvA.S!":i"NGiN.,
r.1y LU.!lOIiI C"U"'" - .,,,,
.J '-.._a_-:.~::~..{;~~I~~.y
PEl' FORMODIADJPARENJ'1NG PLN (PTMD) .Pap 7 "7
WPF DR 07.0100 /MOOD) - CR 4.1: RCW 26.09.IBI: .260: .270
- . ,
~
)
)
)
,
FILED .
IN COUNTY CLERK'S OFFICE
A..M. JUN - 62001 P.M
PIERCE COUNTY ~i;':~;1I:iG; 91\
~ED Run C:Jl)l'lT'\' CLER~ .
I .' D=?lIi"l
"" ---
'"
lliurElUOR. COURT OF WASHINGTON
COUNTY or .
. ..' p::&. E.LJ,f..
Inn die u....;~F of
. ~\.,.>.- \01'00 E"a.xQ04."t.
NO. erS' - '3- 0 I q S"i-- 0
P~---.
ORDER..AU.OWING SERVICE
BYMAIL '
(ORRSR)
ad
~,.r ....1\" ~" A.......l~..
~ L_':'''''- ~,Lop'l.1" fAU.')~'\.
. R5pnntl_
L BASIS
'Ib COlIIt bas .........d.!n:cJ. a matio.a. ad cI.ecIIratiaa. IeCt~t;.u& In c:ricr al10wiDg scrvi= of die ......... - m.
ad pctitioD. b.y D:IIIiL
U. FINDINGS
Baed till tbe JIIlltiCII1l111llcr1_fi""l. tIa coart PJNDS that die ............... IIIIll J"'"ti.... in ll:ds DIIUar shDaJd
bescrncltlll_tbelesp ..~bymaililuccc.dlm:ewithCR.4(cl)(4). --
m. ORDER.
IT IS ORDERED:
3.1
'l'hB ........ III. mdP'"'il:nn sbaD bescrved till tbe~bymail by apcDtlll18yem ofllp
ar __ """^'l"'W to be a wm- blIt2llltdle ,,",I:'~.
3.2
Two (2) capia shaI1 be ......'..01 PllSI8F pzep8id. aac by ardiDmy fizst c1Iss mail. 8Dd the ad= by
~ mail. mum ~t ~lIoG, sbDwiDg wha, lIIId to wham, cIe1ivcred, each showiDs a
:n:lIIm addzas fer tbe lICDCkr ar In ~ thzouP which ......___ m."~ may be din:=cl to die
....,l-..
ORD.ALLOWING SERY Bf JIA1L (01fBSBJ - P,. 1 "qf2
WPF.DR 01.0285 (WlOOO) - RCW 4.28.100; Cl4 (r(I(4)
"
..
". .
3.3 The .....;In,glI shall be SCDt to the following address(cs):
\ \ \ S~ ;>.4.tr- ~&.t." r
A~T I-~
c:......p~:l\, p~ IT'tlI \ I
3.4 Theseatldrcsscs ue:
,. The last know.a address at the rcsp<lIIdcmt.
[ ] The %lllT""""'1It's pmm orDCll!CSt 1iriDg:relative.
[] Other:
FiLED^
IN COUNTY CLH~K';, OfFICE
JUN "-1'" u"
A.M. - 'j LIJ !; c.,"
PIERCE COUNTY WASHINGTCN
TED RUn. COUNTY i-;'~F~!\_,.
r:.;,y _'__ ~._.___.._.J ~:"...II I
A 5"""""...... IIIIl petidan .....1M lXl the respaadcDtin cue at pm:lllS or odII:r iadividaaJs shIIII be
addrc:sscd dh....ll,lXl the pmm or CJdu:rindi.i<hW wilhaDDlic czu:1oscd IIIkiIis dial: the ...... ..m.
IIIIl etitian be deIivercd lXl the d_
P 1""lpO"
3.5
3,6
The pcsclI1....."1in! the 5""""""'" mlpctitiaD. shaD """""Tl- a R.ctum atScrri= fimD.
Dldcd:
~-
rlW'lll'l'liewill'Wlflll"
b[t'\lf" ~
~.......-c'
=~ ~\~...\- '-09-;1.- Z J~Q" t""\..-
Piilltar1)pcN~ '
.~-'. ..
. .."'" ~ .'
OBDAU.OF1NG SERYB'r JUlL (GlU.!ltI- P., Z ofZ '
WPF DR 01.02as (9I2()(J()) - JCW 4.2&.100: a" (<<'41
..". .
--
. . . . .":- . ~.:. ..
..' ~
/ '
, .
.
F I LED
IN COUNTY CLERK'S OFFICE
A.M JUN - 8 2001 P.M.
PIERCE CG:';T'l ,',';.SHiNGTON
TED Rt.:rr. (::;Ui~ iY CLERK
r.:v ,.~?"._"
!:I __..___.__._..1";: UI
SUPERIOR COURT OJ!' WASHINGTON
fOUNTY or PIERCE
p~{.
In re the Marriage or.
EIiut Lopaz-EnriqIJR
NO. 95-3-01987-0
htiduuer,.
~GPLAN
~PR.OPOSED (PPP)
[~] 'fEMf6lbldl""1 (1"1'1'''''
flP1l.(~ Olmlm. \l'p)
ADd
Lorraine A. ArindaiII
FKA: Lorraine A. ~Einiquez
Kaspcmclcnt.
This ptIl'OIItiog plaD is:
[) the pareatiDg plan Iiped by.the courtJIll' -"""\to.dooreeof~lutiOD entered on_,
[ ] , the fiDiIl ~ plaD signed by die court p1II'SlIlDIt to, 8D order ",jt,g".,d on [Date]
which ~ .~_~pIm...lIIIDdy.~,..
[ ] a bdh.......' pIIrIlDtiDg pIIIIl sigDllll by the court.
[xx] . propelld ~ EIiut Loptrz-Emiqucz .
IT IS HEREBY ORDERED, ~EDAND DECRFJm:
~
I. GENERAL INFORMATION
!
1bis pa......ti4g plaD applies to the foUowiq cbiIdreD:
HIIIll
EIiut Lopcz-Emiquez II.
Emilio L. Lopez-Buriquez .
Birllod_
April 08, 1990
.~28, 1991
II. B~FOllRESTIUCl1ONS.-
PAllENTING PUN (pPP, PPT. PP) - Pt1p 1 tfll' -
WPF DR Ol.fUOO (PI2OlJf1)...BCW 26.09,181; .187; .194
~
UrJder certal1it:irt:tI1tUtancu, Q6 outli"ed below, tllB colll1 may limit or prohibit apare",'s cprflf:tl!ir!J
lire child""") and tM righl to. mtlke decisiDMp tllB r;hUd(r,n). IN. COUNTY CLEllK'S OFF1CF
2.1 PARENTAL CONDUCT (RCW 26.09.191(1), (2)).
A,M. jUN - 8 2001 jl M
r-l Does ot I P'c"C- r."l'''T'( 1M' ,,~., ,""r.,.
1- n appy. .h..;~::'".JVJI"" 1~,..."..i.\;\.:I~",,1:.
[ J Tbe. [ 1 mother's [ 1 father's residllDtial time with the child(tllD) sha1l.Wt~ bft;;\':'{ (;\Cr;~_..
.utuillecl ~0J"p1-1y, II1Cl m'.....1 da:isioo.-lI'.lri"B and dlisipati~btI~ ...---' -' ,,' .
resolutioD process other tbsn court action shall not be required, because [ ] this parent [ ]
a penoII residing with this parent bas engaged in the conduct which follows,
[ ] W'illflIl ablndO'JmllDt that continues Cot an extended period of time or substantial
musat to l*fonn parenting functiOllS (this applies only to parents, not to a
person who resides with a pamrt-).
[1 Physic:al, sexuaI or a pattern of emotional abuse of a child. -
[1 A histtIty oflClS ofdome&tic violr:nce as cIcfined in RCW 26.50.010(1) or UI
,.......It.Q[ sexuaI lISSlII1lt which causes grievous bodily hann or the fear of such
barm.
2.2 OTHER. FACTORS(R.CW 26.09,191(3)).
[xx ] f)oes not apply.
[ ] The [J IIlOthIlr"s [1 fatbcr's iuvonement or eondlIct may-lIave. an adverse effect on the
child(rcn)'s best interests ber...... of the nistlmce oftbe fIIcl:on which follow,
[]
[]
[}
n
- [}
tl
[]
Neglect or substlmtW DOrIp""fulI4ance ofpanruting fancdOllS.
A 1onJ-lmm emoticmal or physical impainDeutwhicb ~ with the
pcrfonnaDce ofpanmting fimctions as defined in RCW 26.09.004.
A lDag-tcrm impainu.eat resultiDg ftom drug, alcohol, or other sabsbmce abuse
dial: 1..1... r..,. with the pcrfixmmce ofparmting fiml:tions,
The absem:e or subIlutia1 im~ of emotiomd ties between the pnnt II1Cl
cbiId.
The abusive '1IC of coat1ict by the pment which czeatea 1he'lIanger of sarious
"""'~IP" to 1be child's psyd1ologica1 development.
A pmmt his witbheld from 1he other JlIIftlIll8CCClllll to 1be child b- a protnctDd
period wilhout good cause. '
Other:
.....
m. RESIDENTIAL SCHEDULB
rhr ~ 1Cb<<JId, ",., HI JDrth where tJM chiJd(ren) 811all1'flllide eodJ dtzy of tlra year. including
J1nNi8lDntIp IMllJqj&r..bit1/droII of.Ptdl1-~ wz:Gtimu. and '!*'" 8pd1lOCCtl.fi0n8, and wIIat
P~ PLAN (PPP. PPT. PP). Pap' rf II
WPF DR fJl.fUOO (fJIZOOtJ) - RCW 26..09.IB1; .181; .194
contact tM child(rfln) .hallhave with ,ach parent Paren18 arellllctJlI1'aged to create a rflSidllllllal
.chedule that meetJ 1M developm/llltal needs of tM child(rIIII) and indiYidIIol neetb of their family.
PamgraphI 3,} through 3.9 are one way to write yoIIT rflSidentiol.chedMle. If you do not 11I8 the.e
paragraphI. write in yoIIT own .chedule in Paragraph 3,13.
3.1
SCHEDULE FOR CHILDREN UNDER SCHOOL AGE
FILE D
IN ('OUNr~ " ~-"'S -'r..'~F
. ",' I ""Lti{i\. !.J:-!"':\..
[xx ] There are no children under school age..
A.M, JUN - 8 2001 PM
PIERCE COUNTY \'VA.~HlNGTor'.~
TED RUn. CC'Jifi Y Cl r:~:.~
rr'! . ~;".;... j."
lii__.~ ._...1......1.
3.2 SCHOOL SCHEDULE,
UpllII enroIImeRt iuchoel; the chikI(na)-sIIaIl- _ide with.the ED] m~ [] father, except for
the foIlowiq clays and times when the chi1d(ren) wiD I'Ilside with or be with. the other perent:
See plII...aflh 3,5
[xx. J Tho school scbodulo will start whon oach child begins [xx] kiDcIerprteD [ ] first srade
[xx ] other:' The childnn will reside with the mother during the scboolscbeclule unI_
special and/or prior anangemeut are made between bOth (iateatll.
33 SCHEDULE FOR. WINTER. VACATION.
Tho cbild(ren) _II reside with.the (lilt.) .....- E J' fidIIor.durills-win1Ilp' vacailJll, 8mlpt for the
foDowloi clays ad times when the cbild(rea) win reside with or be with the other parent:
Tho childral wiD reside with the IIIOIhcr during winII:r schedule. See parISI8ph 3.5
3.4 SCHEDULE FOR. SPRING VACATION.
Tho chi1d(rea) sbaIll'llllide with the [xx J mother [] tilrHr cIuriq spriDg VVJfl"'l, allIlpt tor the
followiDa clays and times whoa tho chiId(na) will resldo'With or be with tho otHr pIII'IllII:
.h.
Tho children wiD !Wide widl-thIl mlllkw duriII8 spriq, ~... See JlII'RFIPh 3.5
3.5 SUMMER. SCHEDULE.
Upoo cClII,llllioa ofthesheel.,wr-, the obild(lE}sIIaIl-nsicIo'lllidl.~ [] moth<< [xx] fidhcl',
ma:opt for the following clays lIIId times whon the child(ron) wiD residil with or be with the other
pII'IlIIt: .
PARBNBN6-PUN-(PfP, PPT. PI') - Pap J t1/ 11
wpp DR 01.D400 (PIZfJfJO)- RCW 26.09.181: .187: .194
[ ] Same as school year schedule.
[xx] Other. The children will reside with the father for eight weeks ofunintmTUpted
visitation for as long as the parents reside in different states. The mother shall notify the
father at least 60 of the children's school schedule. The fathDr shall reply to the mother
within 30 days and advic:e the mother as to the dates be intends toexen:ise his summer
visitation. The children will be mumed to the mother 7 days prior to the school
schedule.
3.6 VACATION WITH PARENTS.
[lCf. ] Does not apply.
[ ] The schedule for vacation witb pIrents is as follows:
3.7 SCHEDULE FOR HOLIDAYS,
F I LED
'N ~OUTTY '''j =:.r:~'.~ '-"i~:~:~\f
. \.. It I v..t:\.\\,; .... . ,'"
A.M .JUN - 8 20~' P r~
l~J~~C~~~t~~~;~~t-:?(:<'~:~~'"
The residential -schedule for 1he chi1d(nm) for the .holidays.listed below is as follows:
New Yar's Day.
MII1in Luther KiDs Day
PresideD1s~ .Day.,
Memorial Day
luly 4th
bbarDa:r
VetcnDS' Day
'1banksgiving Day
Christmas Eve
Christmas Day
fNery
every
every
every,
..*per summer scheduIe_ ...,... summer scIJIo<Iule~
C'Ia'Y. .
every,
every,
every, ..
every,
With Mother
(SpecifY. Year
Odd/BvenlEverv).
With Father
(Specify Year
Odd/Bven!Evervl
[] For pUl...,m of this p"'..u~ pIm. a holiday shall begin and end as follows (set forth
times): does not apply
[xx] Holidays.which flIlIOIl a Friday or a Moaday shall include Saturday and Sunday.
[xx 1 Other: 5110 plII'I8JIIPh 3.5
p.AREN1JN(JpI;AN(PfP. PPT. PP) . Pap 4 tV 11
WPF DR 0/,(1400 (MtJOO) - R.CW 26.09.181; .187; .194
'.
FILE 0
IN COUNTY CLERK'S OFFICE
A.M. jUN - 8 2001 P.M.
3.8 SCHEDULE FOR SPECIAL OCCASIONS.
PIERCE COUNTY WASHiNGTOti
r::D RIJTT CC~~~~TY C! f..RK
S"i __ _.~__~....~__ :_:~.;:;;.i.~:
The residential schedule for the c:hild(ren) for the following special oceasions (for example,
birthdays) is as .follows: Does Not apply. SUIIIIDllT visitation schedule will take precedence.
W'dh Mother With Father
(Specify Year (Specify Year
Odd/EvenlEvervl Odd/EvenlEvervl
Mother's day,
Father's day
Mother'-s 'birthday;
Father's bil1hday
every
every
rsvery .
every,
[xx] Other: Summer visitation schedule win take precedeJIce. See paragraph 3.5.
~.9 PRIOlU'IlES UNDER TIlE RESIDENTIAL SCHEDULE.
xx] Does not apply.
[] If the residcntia1 scbedule. puagraphs 3.1- 3.8, results in a confIi<:t where the children
are schedulecl to be.with both parents at the SlIIDll time, the conflict shall be resolved by
priority being givm IS follows:
[ 1 RaDk the onIer of priority, with I beinuiven the higbest priority:
_school Jdl...mle (3.1, 3.2) _vllllation withp8reDls{3.6)
_wintarVllCation (33) _holidays (3.7)
_sprina v-finn (3.4) . _speciIIl oceasions (3.8)
SIIDIIDir Scliedule (3.5)
...-.
[D] Other: _ pmagraph 3.5
3.10 RESTRlCI1ONS.
[xx] Does not apply boo 11)- then are DO limiting fiK:tors inpangraphs 2.1 01' 2.2.
[ ] The [ ] III01her's [.] fiIther's resiol-HaI time with the cbildnm sbalI be limiIIld becm''''
then are.limitiDg facIms in-JIBI8IIlIPlIs2.1 _2.2. 1be.followiDg restrictions shaD
, apply wbea the childrea lp8l.time with lhis.pII'CIId:
[ ] There are limitin&:fiIctoninparl8lllllh 2.2, but there are DO nISIrictions 011 the
PAREN11NG PLAN (pPP.- HT. PP) -l'tIp' ~ 11
WPFDR 01.(U(X)'(!II2ODD) _RCW2&OAIBl: .111; .194.
[] mother's [] father's residential time with the children for Wf ~~: O'~ICE'
~.. 'U'" ,.,",' PI"
r..ll.'l. .J .~ - ~\ ... i!lj! .VI
3.11 TRANSPORTATION ARRANGEMENTS.
;T~i~~~~f!~~~~:~:-~~:~i{~:i:..,
Tl'IDSIJOIUdion COBlIIIe included in the Child Support Worksheets and/or the Order of Child
Support lIDd sbouldnot be iDcluded here.
EIch pmeat is respoa."ible for their proportioaal'sIuue of long distance tnsDSpOt'IlItion cost.
(Father 48%,......Motber 52%)
Eal:h rec:civing parent will make the proper trlIraa""'lItion lIITlIIIgements for both the parent and
thechildmL Eachnceiviag plIIeDt-wiIlalsobe.respOllsible for the cost of such trBDSpOrllItion
arrangements. This is dUll to the limitDd income of eICh plII'ClDt.
3.12 DESIGNATION OF CUSTODIAN.
The children oamed in this parmdius plan _ scheduled to reside the majority of the time with
the {xx] 1DOlher-.[] father, 'Ibis plInlIIl is _'gr'"""" the custodian of the child(ren) solely for
purposes of all other stIdB lIIICi federal,S1aIUIIlS wbic:h require . desigaation or detmmination of
custody. This deSigaatioa sbalI not dect either parent's rights and responsibilities under this
parentins plan.
3.13 OTHER. AU tw..~ bet_ the ....0Dts raprdiDg school schedule and summer
visitIdioD dalr:s shall be IICCCIIIIplishecl by eoortifil!ld mail with return reeeipt Neither party shall
W1Ia~.. with ......~spoDd_ ben.ln the cbiIdnD aad the otherpll1llll. Each pert)' shall have
reaSOl"'hle leh.pbcmD ..omct with 1be c:bildnmwhi1e they lie in the other pBmrt's custody.
3.14 SUMMAIlY OF RCW 26.09.430 - .480, REGARDING RELOCATION OF A CHILD.
~ is a ..""~ only, For the full tIlXt, pleue SlIIllCW 26.09.430 Iha~gh 26.09.480.
If,the penIOD with wbom the c:biIcl nsides a uugorit)' of the time plaDs to move, dud: pIII'SOII shall
give notiI:e to every pelltlBem;t'lMto court.oaIIIIedtime with the cbi1cL'
If.the move is outIide the.cbilcl's school disIrict. the re~ penon must give notice by
pencml..mce<< by mail.raquiriDs a relumlllCOipt. This notice mllSt be atleut 60 days before
the iDUDded moYe. If the re~1 penoa c:ould DOt bave kDawII about.the move in time to
give 60 days' DOtice, that perItlII1D1III: give DOtice within S days after leuning of the move. The
notice must conmin the ~ required in RCW 26.09.440. See also form DRPSCU
07.0500, (Notice ofWl... .., J.elcafVm of A Child).
1f1he move is within the SlIIIlIl school dislrict, 1he rel"(",'lril\l penon must provide IIC1II8I notice
by my ~hle m_. A permo ....Il~ to time-wilb the child may.not object to the move
but may ask for mndlfl...nnn uadII':a.cW 26.09.260.
,
PAREN'l'1NO PLAN (pPP. pn; Pp) -1'tIp 6 t1/ 11
WPF DR61.fUDO (912000) - RCW 26.09.181: .11/1: .194
F fLeD
IN COUNTY CLERK'S OFFICE
. .
A.M. JUN - 8 2001 PM.
PIERCE COUNTY WAS:;::,'GTQr;
Notice may be delayed for 21 clays if the relocating porson is entering adom.~ UipC&:;U":; f C.U.';'
shelter or is moving to avoid a clear. immediate and unreasonable risk to m!6Iih od.d sefety..--... -.. - > . "-
If inforaudioD is protected under a court order or the address confidentiality progI81ll, it may be
withheld &om the notice.
A .reJoc-..mllg per50Il may Ilk the court to waive any notice requirements that may put the health
and safety of a person or a child at risk.
Failure to give 1herequired notice may be grounds for S8DClions. including contempt.
If 11II objecdoBIa filed withln 30 daJI after semce oCtile notice oCillteBded relocatioB, the
nIocado. will be I""..dtted .... the proposed revised reaid..tllllselaedule ...,. be
coJdlrmed.
A.,.- entitled to time with a child under a court order can file an objection to the child's
relo- .d:qD whether or DOl 110 or she JeClIived proper notice.
An objection may be filed by using 1he m......'tnry pattern form WPF DRPSCU 07.0700,
(Qbjectioll to RalocaticmlP<<ition for Modification of Custody I>ecree/Parelltg PlllllResidential
Schedule); The objectioDmnst be served on all persons entitled to time with the child.
The reJo<...tillg person sbalI DOl move the child during the time for objection unless: (a> the
delayed 1lOtice provisiOllS apply; or(b> a court order allows the move.
If the objecting person schedules a,bearing for a cIate within IS days of timely service of the
objection, the rekx-~ pason sbal\ not move the child before the helIring unless there is a
clear, immediale and uau..-mable risk to theheabb or safety ~ a person or a child.
IV, DECISION MAKING
4.1 DAY-TO-DAYDBCISlONS.
EIch pIII'lIIIt sbalIlIIIb decj,..... repnling,the day"to-day care and control of each child while
the chilcl is residing with that pII1lIIl R.aprdless of tho allocatioD of clecision makiDg in this
p....4iag plan, either pment may IIIlIke em...&CIDC)' decisions affecting ~ealth.or safety of the
c:hiIdreD.
4.2 MAJQllDECISIONS.
Major drieloaa,zeprdiDg eech child sba1lbe made u fol1ows:
Ed>.....mOR dDc:isioas
Nu..---,.oocyhalth~..".. ,
Rali~ upbrinsiDI .. ' ,.
[xx 1 mother.
[xx] mother
[xx] motbm'
[] mother
[] mo1her
[] mod1m'
[] molber
[ ]. IIIOIba'
PAllEN77NG PLAN (PPP. PP1', PP) - PtIp 7.11
. WPFDR 01.0400 (912000) .RCr26.09.1"; .187; .194
[] fidher
[] fidher
[] father
[] father
[] fidher
[] father
[] fidher
[] father
[] joint
[] joint
[] joint
[] joint
[] joint
[] joint
[] joint
[] joint
(] mother
[]. fatber!N COUNfyl ~ O;:~IC:f
... "'N ,nnc; P"
.~ Iii. ..ILlI .. ~ l!..hl i . .,1'.
43
RESTRICTIONS IN DECISION MAKING.
[)
[xx]
FiERCE :':;UU!;'7 t ~"oj!~:>:;;X:.: (.~:
Does not apply because then: are no.limiting facton in ...........phs 2.rr~.Ili;~ri'; ;-, "2
..-.....- r.y , ,. ,
Sole decision tIIIking sball be ordered to the [xx ] mother' . ,,- -.. - ....-. -... . . ,
[ ] father for the following rasons:
[)
[]
[xx]
A limitation on the other pII'CIIt's decision making authority is mBlJdlP-d by
RCW 26.09.191 (See paragraph 2.1).
Both pamdS are opposed to mutual decision making.
One parent is opposed to mutual decision making, and such opposition is
reasoaablybued 011 the following criteria:
(a) The exi-ofa limi1ldioD.1IIIIier RCW 26.09.191;
(b) The history ofparticipation of each parent in decision m."illg in each of
the areas in.RCW 26.09.184(4X-);
(c) WheIher the pueats have demllllSl:rllted ability and desire to Cuvl"""ll>
with one lIJIlIlJ- in decision making in each of the areas in RCW
'26.09.1B4(4Xa); aod .
(d) The nIII'I!IltS' ReQnnrnhic lHu..:mitY to one anl'lthm-_ to the extent that it
JfFects fftmr.abilitv to m.lrp. timelY m..tn.l d~iciftn..ll;.
[ ] 1bere are-Iimiting fiIctms in paragraph 2.2, but there are no restrictiODS on mutual
decisiOll m.lrillg for the following reasons:
V. DISPUI'E RESOLUTION
71re J1rII'tlO" olthI.s dUp/IIe ruolIIIitm ptocal t.r to raoM diltlgreelllDlU about corrytng C1fIt thI.s
_-4b.aplta TIIt.r t/J&pIde ~ prut:IIII6 may. and IIIItie1' _Iot:ol r;t1IIItJMlu M 1M prrwi8io1u
C1/ thI.s pIDn .... be uud before Jili1lg a pdtit1II to modify 1M pIDn or a motioII for C01/IUIpI for failbrg.
to fo11mv ". pItm.. -
i
[xx] DispuIIlS ~ the pIIIIies. otherthaD cbild support dis)iuta. sh811 be IU~ to (list perIOD
or 1pIICY): -..-..
[xx ] court IICtiOD oaIy duo to di--.,1IIlCl one t-..utI inability 10 afford altllmative dispulB
leSOlutiOD., or
medi.mClQ by
.or
[)
[)
ubill....iull by
1blI c:ost ofdiis pAll JIIIba1I be al\ol:Blllil ~1lI nil the parties .. follows:
P.ARENTJNGPUN (PPP. PPT. Pp) .P.B911
Wl'F DR OI,fUfJf) t!l'20110). RCW 26..09.lBI: .181: .194
[xx 1 52 % molher 48 % fllllw.
[ 1 based on each party's proportiona1 shan: of income from line 6 of the child support
worksiJeelS.
[ 1 IS determined in 1he dispu1r: resolution process.
. C'Lf=f)
I I _'
The COUDSOIing, mediation or arbitration process shall be commenced by JYti~~ ~r.. 3 f.'r.:: ICE
party by [] written request [xx] certified mail [1 other:
AM 'uo;N ".,...~..
..~,. .J . -:os !'Uli~ 1"'."1
(c)
(d)
pjr.:r,,1 c= ...,.....~.I':'''./~......:.:... ,,....,.,..
.'~ ~ "" J\..lJ:'t; ! . ',r ~, ., "\..; ....,.
~:.73 r.~.Ii. I:.:~::":'..'~' ~""~""
Plojr~ence sbaIl be given to canying out this parenting Plan. -. --..-.-. --..-.-. ...
Unless an emerpDCY exiSIS, tile parents shall use the desigr""'" process to resolve
disputes ",,_rillg to implementalion of the pllll, except tbose reiatecl to financial support.
A writteD ncord sbal1 be prepared of lUIy agreement read1ed in colJ!lllOling or mediation
IDd of each arbitration award ud sball be provided to each party.
lfthe court finds thai: a parent bas used or frustr&tIld 1he disputB resolution proc:lISS
without good RlIISOD. the llOurt sballaward attome)'S' fees ud finaDl:ia1 sanctions to the
olher pareat.
The pa,rties have the right of review from the cIispID resolution process to the superior
c:ourt.
In the dispute resolution process:
(a)
(II)
(e)
[xx 1 No dispute resolution proaer' m:ept court action is ordered.
VI. OTHER PROVISIONS
o Then are DO other poviaions-
[xx I Then are the following other JlI'O"isiODS: Request thai: Pierce County Courts JDlIintain
jurisdiction ovr:r this case and the cbiIdren for the foUowiDg . _011I'" Mrs. ArindaiD is JlWl'ied
to an Active member of tile Armed Fon:es and will be reIoc'AtfttI fNfICy few years. Mr. Lopez-
Eariqu8Z still resides within the juriscJ;\:tiQn of this CXIIII'L W'rtb. this, Piece County Court will be
mllMn;mllgjurisdiclion IDCl all records and ploclr"~ will be in OIIIIlgrMinn ADd both
parties will not have to go 1hroUgb court prollllCllinB with rMY reloc:atioD. This win also help
_to1be~~ofOllll~ '
;
.VII. DECLARATIONFORPROPQSEDPAREN1lNGPLAN
[] Does not apply.
[1 (0aIy sip. if this is a proposed parartinB p\m.) I declare tmtIer pcaaity ofpet'jury tmder 1be Jaws
of the .. ofWuhinpm thai: this plan his ~ proposed in good Dith and tba11be stBIIlIDats
in Part D of this Plan are true and correcL
.1. .. ..". ,"...
Mother D8tIl and !- ofSigaature
pARENTING PUN (pPP. pPf. PP) .l'tIp 11 tJ( 11
WPF DR 01.(U(JO (MODO). RCW26.09.181: .187: ,194
. :.
I . , I
. .
---1~ ~, l.Qi)1 ~ 74c..-:.W\-.... .' ~~
Date IIIId Place of Signature
F Il' '-...
IN COUNTY (:r /,-;y':t (11:" 1(""
...-' ",~ ". i"'1..,!.
WI. ORDER BY THE COURT .D..M. ,iUN - !! !Oll! ?M
Pjr:r-.....t:..,.'I"lIl "I
. .:~"'L.. ..../l,t~rr\: I.;". '''' .-.-.
It is oJdared, adjudged.aml.decrced that the pan:ntiDg plan set forth above is ~'IiiIi"ipm'.~;9:
0-'-............- ,..-.,...- . ':.,'..."
IloIIM VI. u;&g 'lj,oU'UII"~ . .__n '
WARl'QNG: ViDlatilm. of n:sidential provisioDs orthis order with lIClD8l knowleclge of its terms is
p"",;-h.hle by.t~pt.of c:oartBllll IIUIJ be a crimiDal offense undm' RCW 9A.040.060(2) or
9A.4Ct.&7O(2). VioIaIion.oftbis Older may subject a violator to lIITOSt.
When mutnal decisioD ",.lri1lg is-desigaared but.caDllDtbe achieved, the parties sbaIl make a good faith
etl'ort to resolve,the issue tbIoagb. the clispu1le resolution proc:esa.
If a parent fails to comply with a provision oftbis plan, the other parent's obligations under the plan an:
not afI'ecWI.
Dated:
JUDGE/COMMISSIONER
1\~'{DterI by:
Approved for eutry:
SigDatun:
-=
Sigalture -
Print or Type NlDle
I
Print or Type Name
pARENTING PUN (pPp,Pl'T. PP)- PtlpIO.11
WPF DR OI.(U(1tJ (JII20D0) - RCW 26.09.181; .187; .194
. . . .
, .
SUPERIOR COlJRTOJ'WASHINGTON
COUNTY OJ"
P .rf.IU-1.
F I L E .P.S OFFICE
IN COUNTY CLERK .
A:M. JU~ - 8 2001 P.M.
PIERCE COUNTY W~Hi~~TOtI
TEO RUn, COUNT( ~~...~~~,
~\.J - __-- ..::.r,J~ '
tJ'!____.-
In re the Marriap of
Eliut Lopez-Emiquez
NO. 95-3-01987-0
Petitionlll',
And
Lorraine A, AriBcIain
FKA: Luu";"" A. Lopez-Eoriquez
iespendent.
MOTION AND DECLARATION
TO SERVE BY MAIL
(MT)
I. MOTION
Didod: 1_ 8, 2001
Tbe pdilhmer moves the 1llllIrt for an order allowing service oftlie
II. DECLARATION
, 2.1. Slr.vioe sIaouItl be III8lIo by II/lIll because:
[xx} 1he .u#sBdeat.istlllt-a reallsat ofthis-stIIle;.
[ ] the ~-t c:IIIIIlOt be fuuod ill this SIIIte.
[ ] the petitioIw is proc:-'i"l in forma pIIIIperis and ClIIIDClt afford IllI'Yice by publication or
. pcrDJal service.
2.2 TbD pMitVu- bas DOt becD IIble to 1lXIIID or saw the respondaJt because~
MU/'lON.ro.SUJlIBYAtNI. (KI') -1'1Ip-l-tJ11
WPF DR 01.0280 /!112000) - RCJr tL18.1OD: CR" (~("J
... .' ..-.
4. Iftltis actiOD has Dot been tiled with the COUIt, you may demand that the petitioner file this action
with the court. If you do -so, the demand must be in writing and must be sented upon the person
publishing tbissummOllS. Within 14 days after you serve the demBDd, the petitioDer must tile
this IICtion with 1hecourt, or the service on you of this summons will be void.
S. If you wish to seek the advice ofan attorney in.this.matter, you shouId.do so promptly so that
your written response, if 8Dy, may be served- on time,
6. One metbocI of serving . copy of your respnnse OR the petitioner is lID SllJId it by certified mail
with return Rlceipt Rquested.
This SWDmOJlS is issued pursuant to RCW 4.28.100 BDd Superior Court C' "1 Rule 4.1 of the state of
Washington,
Dated: Jime 7; 2001
S' ofL&wyer or llI'
_thu\-~Qil.-CII~'t
Print or Type ~ame
FILB ORIGINAL OF YOUR RESPONSE
wrmTIIE CLERK OF lHECOUR.T.AT:
SERVE A COPY OF YOUR RESPONSE ON:
[xx ] Petitioner
[ ] Petitioner's Lawyer
Pierce Count Court
[N1UIIfl of Court)
Eliut Lopezr-~
[Name}
2624-A 9200 Slreet So.
[AdtNa]
930T."""'.AveSo, Rm.110
[Address]
T""""". WA 98402-2177
DatIl Mailed:
Lakewood, W A 98499
. 1::'(\ ClL~.9~ OHlef
COUl{ \ ~r,r.'-
IN .,"' P.M
. ~M .!L1fo! - r, 1.001
.,\ 1\~L.'ING1'O~.l
C" ,....'UNi.l !~"'''''''I III 1 CO"
PiER ~ w ~.' ';f''1 r......, ,,",
1EO HUrl': \,,\.i~' I :_":;~~p~~~
-'--
S'l.----------
SUMMONS BY MAlL {SMJ - P,.l r;f2
IIPDl:"ftDII'II"IftA""'_1 ..._._......... _. ._...
, . .
. . . .
BIIbora SIIIIIpIe-Sullivall, Esquire
Supmno Coartlf3Z317
549 Bridae Street
New CumberIalJd, P A 17070
(717)774-1445
LORRAINE A. ARlNDAlN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLANDCOUNTY,PENNSYLVAN1A
v.
: CIVIL ACTION - CUSTODY
ELm! LOPEZ-ENRIQUEZ,
Defendant
: NO. 2001 .3197
Vli'.R1WJr.A. nON
I, LORRAINE A. ARlNDAlN, hereby certify tbat the facts set foI1h in the foregoing
EMERGENCY PETITION FOR RELIEF are 1l\JC and correct to the best of my knowledge,
infoDnation and belief. I undentaDd that any false stateu.e.t1lo macIo hemn are subject to penalties
of 18 Pa. C.S.A. Section 4904 relatiDg to UllSWOl'D falsification to authorities.
-
Dated: j\.AfV'\9. 'J. \J .2001
~ 0... n.A.~
LORRAINE A. ARlNDAIN
, . ' .
. I . I
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717)774-1445
LORRAINE A, ARINDAIN,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - CUSTODY
ELUlT LOPEZ-ENRIQUEZ,
Defendant
: NO. 2001 - 3197
CERTIFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and
correct copy of the foregoing EMERGENCY PETITION FOR SPECIAL RELIEF, in the above-
captioned matter upon the following individual(s) via United Stated first class mail, postage prepaid
and overnight mail, addressed as follows:
Mr. Eluit Lopez-Enriquez
2624-A South 9200 Street
Lakewood, W A 98499
arbara Sumple-Sullivan, Esquire
Attorney for Defendant
549 Bridge Street
New Cumberland, P A 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
DATED: June 21, 2001
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JUN 2 1 200~
RECEIVED JUL 08 21lOS:I
RONALD E. METZGER and
JOYCE A. METZGER,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-3097 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
v.
JENNIFER L. JONES EYER and
DAVID L. WHISLER,
Defendants
HESS, J. ---
ORDER OF COURT
AND NOW, this I ~ t day of July, 2005, upon consideration of the Custody
Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Plaintiffs' Preliminary Objection shall be filed by .July 25, 2005.
BY THE COURT: , /
- /l Id-
vin A. Hess, J.
Dist:
Nathan C. Wolf, Esquire, 37 South Hanover Street, Suite 201, Carlisle, I'A 17013 . " J "1- /.:L .o-f
DavId R. Yoder, Esquire, P.O. Box 215, Carlisle, PA 17013 ~
David L. Whisler, 7073 Carlisle Pike, Lot 243, Carlisle, PA 17013 ~ ,+
Vil\jV/\,l.\S\l:\!:.ld
1'111-'('<''-:: .', ':''''In'">
I\J.. \ !.) , '-_~::i 'I Jv
8S : 1 Wd 21 lnrsooz
Ai:ivl0NOHlOlJd 3Hl .:10
3JI:J::lO--G311::l
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-3097 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
RONALD E. METZGER and
JOYCE A. METZGER,
v.
JENNIFER L. JONES EYER and
DAVID L. WHISLER,
Defendants
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 THE CUSTODY OF
Shayla Lynn Whisler April 27, 2001 Mother
2. The Plaintiffs, Ronald E. and Joyce A. Metzger, filed a Petition for Contempt on
April 29, 2005. By Order of Judge Hess dated May 18, 2.005, the matter was referred to
Conciliation to give the parties an opportunity to resolve the matter. A Custody Conciliation
was scheduled for July 1, 2005. Attending the conference were: Ronald E. Metzger and
Joyce A. Metzger, and their counsel, Nathan C. Wolf, Esquire; the Mother, Jennifer L.
(Jones) Eyer, and her counsel, David R. Yoder, Esquire. The Father, David L. Whisler, did
not attend.
3. Father's position on custodv is as follows: The Custody Conciliator reached
Father at home via telephone. Father indicated he knew of the Custody Conciliation
Conference and that he did not have time to participate in the conference. Father provided
the Conciliator with an updated address at the Leiby's Mobile Home Court, Lot 243. He
indicated that he was about to leave for work. When asked if he had any input he wished to
provide for the conference he said no and hung up on the Conciliator.
NO. 01-3097 CIVIL TERM
4. Paternal Aunt and Uncle's/Plaintiff's oosition on custodv is as follows: The
Metzgers indicate that, following hearing, Judge Hess entered an Order on December 1,
2004 which, after a motion and without hearing, was amended by a December 10, 2004
Order that allowed the father to authorize the paternal aunt and uncle to exercise custody on
his behalf during the periods of partial custody granted under the December 1, 2004 Order.
The Metzgers' counsel points out that the Order further provided that the Order be effective
and continue in effect until specifically changed by subsequent Order of Court, and provided
that the court found that proViding substitute contact was consistent with the best interests of
Shayla Lynn Whisler. Subsequently, Plaintiffs' counsel alleges that their rights were
defeated in a writing drafted by the Mother dated April 1, 2005 which withdraws Father's
willingness to allow the Metzgers to exercise his rights of partial custody. Petitioners
represent that this arrangement was negotiated with Mother in exchange for some reduction
of Father's child support obligation. After Father withdrew his permission for substitute visits,
Plaintiffs allege that Mother discontinued all contact with them which they believe to be to the
child's detriment because of the extent of their involvement throughout her lifetime. They
further allege that the child's counselor thought it would be in the child's best interests to
continue that contact with the Metzgers. The Metzgers believe that in the absence of an
ordered visitation schedule, Mother will not permit them to see the child at all. Specifically,
they report that since April 1, 2005, they have only been allowed to have visitation with the
child on Memorial Day weekend. What the Metzgers are seeking is an Order that will give
them the same arrangement of partial custody which Father enjoyed in the Order of
December 10, 2004, alternating weekend periods of custody.
5. Mother's oositlon on custodv is as follows: Mother reports that Father is
exercising his periods of custody and as long as he is electing to do so she thinks that it is in
the best interests of the child to have that time available to Father. She points out that
Paragraph 1 of the December 10, 2004 Order permits Father to authorize the Metzgers to
exercise his custody, that it does not direct Father to allow this substitute visitation. Further,
because the court had found in the December 1, 2004 Order that the Metzgers did not stand
in loco parentis to the child, Mother contends that the Contempt Petition is without subject
matter jurisdiction. However, counsel did not yet file preliminary objections. He anticipates
he will do so in the near future but deferred doing so because the court had referred the
matter to the Conciliator. Mother reports that she moved on April 16, 2005 and now resides
somewhere north of Blain in Perry County. Mother adamantly insists that she will not agree
to any language in any Order that would permit the Metzgers to have rights of partial
custody.
6. Because the parties have not reached an agreement that provides for the
minor child to have any contact with the Metzgers, a hearing before the court may be
necessary. However, Mother's counsel has indicated they intend to file under a motion to
strike or preliminary objections in the form of lack of subject matter jurisdiction.
NO. 01-3097 CIVil TERM
The Conciliator has had extensive experience in working with this family over the
child's brief lifetime. It is the Conciliator's opinion that the parties are at an impasse and that
further Conciliation will not be productive. Accordingly, the Conciliator recommends that the
Defendant, Jennifer l. (Jones) Eyer, file whatever motion to strike or preliminary objections
counsel deems appropriate by July 25, 2005 and that those objections be dealt with in
accordance with local rule.
-.1( l/) lei
Date
Melissa Peel Greevy, Esquire
Custody Conciliator
:254019