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HomeMy WebLinkAbout04-5380COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, NO [hy f6 n . Plaintiff to ????2J? VS. Denise Stewart-Maldonado, Defendant IN CUSTODY CUSTODY COMPLAINT Douglas Hamilton complains as follows: 1• Father of the children, Douglas Hamilton, resides at 40 Adams Island, Box 5 Allentown, PA 18109. 2. The mother of the children, Denise Maldonado, resides at an unknown location in or near Mechanicsburg, PA in Cumberland County. 3. The children at issue are: - .,..... Allisha Hamilton uvri AGE 7/25/89 15 Jessica Hamilton 7/20/92 12 4. For the past five years, the children have either lived with one parent or the other and, for the past approximately four years, have lived exclusively with mother. 5. Attached as Exhibit A is an order from the Superior Court of San Diego, Family Court Services, indicating that Denise Maldonado is permitted to relocate to Pennsylvania with the children. 6• Prior to their relocation, Exhibit B which is an order of court regarding partial physical custody and visitation was established through the San Diego County Superior Court- Family Division. 7. Other than this action, the only custody action that Plaintiff is aware of is a closed matter in the Monroe County Court of Common Pleas in Pennsylvania. This matter was closed when the Court transferred jurisdiction to the San Diego County Superior Court. 8. Though the shared custody arrangement confirmed by order of the California Court may have been appropriate at the time, it is the position of Plaintiff that given the relocation to Pennsylvania, a modification of the California order is appropriate since circumstances have changed. 9. Because one of the girls is a juvenile diabetic, Mr. Hamilton has undergone training through the Lehigh Valley Hospital and Health network Helwig Diabetes Center regarding use of an insulin pump and other issues relative to care of this child. A letter from Ellen Cooper, RN, MSN, CDE is attached as Exhibit C. 10. Its is believed that the best interest and permanent welfare of the children will be achieved by entering an order which grants father the following rights: a. shared legal custody; b. partial physical custody two to three weekends per month; c. reasonable telephone access to the children; d. shared transportation; e. alternating holidays; f. a period of uninterrupted summer vacation, partial physical custody. 11. The Plaintiff is respectfully requesting a modification conference or hearing at the courts earliest convenience and, by separate motion, permission to have Denise Maldonado served via delivery to Jose A. Maldonado, Jr., her husband, who is assigned to the DEF Depot in New Cumberland, PA. WHEREFORE, an appropriate order regarding modification of custody as described above should be entered. Respectfully submitted, /%? Brett J. Riege ,Esq. Amori & Riegel, L.L.C. 717 Sarah Street Stroudsburg, PA 18360 (570) 421-1260 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TERRY S. ALLEN, ESQ. SBN79701 410 S. Melrose Drive, Suite 106 Vista, CA 92083 Telephone (760) 806-4342 IlAttorney for Petitioner DENISE MALDONADO CWk&l SWr CC" D JUL - 7 2004 BY: R SCHUST R SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO In re the Marriage of: DENISE MALDONADO, Petitioner, and DOUGLAS HAMILTON, Respondent Case No.: DN 131966 STIPULATION AND ORDER TO RELOCATE TO THE STATE OF PENNSYLVANIA 1 COMES NOW, Petitioner DENISE MALDONADO, by and through her attorney of record, TERRY S. ALLEN, and Respondent DOUGLAS HAMILTON, by and through his attorney of record, PETER MUELLER, who hereby agree and stipulate the following would become an immediate Order of the Court: 1. That Petitioner, DENISE MALDONADO, and the minor children of both parties, ALLISHA HAMILTON and JESSICA HAMILTON, shall relocate their primary residence to New Cumberland, Pennsylvania due to the fact that Petitioner's spouse, JOSE MALDONADO JR., is an active duty United States Marine and has received Permanent Change of Station orders to New Cumberland, Pennsylvania effective July 9, 2004, attached and incorporated herein by reference as Exhibit "A"; r-xH19rr_A 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2. That Respondent currently resides in Allentown, Pennsylvania, which is approximately a three-hour drive from the Petitioner's new residence. 3. That all prior orders not in conflict shall remain in full force and effect. Dated: 7/7 A! ( IDated: C.4/@t' 04 IDated: DENISE MALDONADO, Petitioner J/' J ,N TERRY ALLEN, Esquire Attorney for Petitioner HAMILTON, Respondent Dated: ` j? Oy IT IS SO ORDERED: DATED: JUL - 7 2004 On-bEhaifi-of PET MUELLER, Esq. Attorney for spo ent SUPERIOR COURT LORNA A. ALKSNE n Exhibit "A" TERRY S. ALLEN SBN79701 Law Office of Terry S. Allen 410 S. Melrose Drive Suite 106 Vista, CA 92083 TELEPHONERO.: 760-806-4342 FAXNO.raww. 760-806-4393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Diego STREET ADDRESS: 325 S. Melrose Drive NAILINGAOORESS: Same cITyANozlPcoDE: Vista 92083 PETITIONER/PLAINTIFF: DENISE MALDONADO RESPONDENT/DEFENDANT: DOUGLAS HAMILTON OTHER: [F e L M p a Gf"SuPrwcwn JUL - 7 7004 BY. R. SCHUSTER I FINDINGS AND ORDER AFTER HEARING CAWNUNRM DN 131966 1. This proceeding was heard on (date): 6/10/2004 by Judge (name): LORNA ALKSNE at (time): 1:45 P.M. in Dept.: 18 = Temporary Judge Room: [R] Petitioner/plaintilf present ?]X Attorney present (name): Terry S. Allen Respondent/defendant present ® Attorney present (name): Prm muzLLmt, by SuSI6 KNOWLTON Other present Q Attorney present (name): On the order to show cause or motion filed (date). 3 / 16/2004 by (name): DENISE MALDONADO 2. THE COURT ORDERS 3. Custody and visitation: 4. Child support: 5. Spousal or family support: 6. Property orders: 7. Other orders: E::1 As attached on form FL-341 ® As attached on form FL-342 As attached on forth FL-343 As attached on Torn FL-344 ® As attached 8.0 Attorney fees (specify amount): $ RESERVED Payable to (name and address): Payable Q forthwith Q other (specify): 9. All other issues are reserved until further order of court. Date: JUL - 7 2004 Approved as conforming to court order. SIGNATURE PETITIONER / PLAINTIFF 0 Not applicable Not applicable © Not applicable Not applicable Not applicable 1 LORNA A. ALKSNE j JUDICIAL OFFICER LORNA ALKSNE RESPONDENT/DEFelawn aua=IC11 oiorcem u? FINDINGS AND ORDER AFTER HEARING FL.310 IRer. July 1.2=1 (Family Law-Custody and Supoort-Uniform Parpryt n l Paps I W YL PETITIONER/PLAINTIFF: DENISE MALDONADO 7DN Nuee . 131966 RESPONDENT/DEFENDANT: DOUGLAS HAMILTON CHILD CUSTODY AND VISITATION ORDER ATTACHMENT Attachment to 0 Findings and Order After Hearing = Judgment 0 Other = Stipulation and Order for Custody and/or Visitation of Children 1. ® CUSTODY Custody of the minor children of the parties is awarded as follows: Child's name Date of birth Least custody to Physical custody to (Person who makes decisions (Person the child lives with.) about health, education, etc.) ALLISHA HAMILTON 7/25/89. DENISE MALDONADO DENISE MALDONADO JESSICA HAMILTON 7/20/92 DENISE MALDONADO DENISE MALDONADO 2. © VISITATION a. = Reasonable right of visitation to the parry without physical custody. (Not appropriate in cases Involving domestic violence.) b. ® Seethe attached 5 page document dated: 5/27/2004 QftyQoh¢rQ 0-4 Q? c. Q The parties will go to mediation at: &k y? O LA cht to d. No visitation. uj't.Qcelc? c e. Visitation for 0 Father 0 Mother will be:? (t) 0 WEEKENDS (starting): (The 1st weekend of the month is the 1st weekend with a Saturday.) = tat = 2nd = 3rd = 4th = 5th weekend of the month from at 0 a.m. = p.m. (day of week) (time) to at 0 a.m. = p.m. (day of week) (time) The parents will alternate the 5th weekends, with the 0 Father = Mother having the first 5th weekend. Father to have 5th weekends in Q odd even months. • Mother to have 5th weekends in odd Q even months. (ii) Q ALTERNATE WEEKENDS (specify starting date): Q Father Mother will have the children with himther (specify days and times): from at 0 a.m. 0 p.m. (day of week) (lime) to at = a.m. 0 p.m. (day of week) (time) (it!) WEEKDAYS (starting): 0 Father Mother will have the children with him/her (specify days and times): from at Q a.m. P.M. (day of week) (time) to at 0 a.m. P.M. (day of week) (time) (iv) = OTHER (specify days and times as well as any additional restrictions): Q See Attachment 2e(tv). Page 1 of 2 Fpm Approvap haropUoal Use CHILD CUSTODY AND VISITATION ORDER ATTACHMENT Famy Code. §13020.3022.3040 M. A.Wal com-101cawoma }T'?^?' 3046. 3160, 6740. 7604 FL-341 IRA, Janary 1. 20041 SOIU W, `+ l 1 SUPERIOR COURT OF SAN DIEGO FAMILY COURT SERVICES Mav 27, 2004 DATE Or xrnRT*7G: June 10, 2009 TO: Honorable Lorna A'_ksre 1)N131966 Deoartme-_t 1-8 FROM: Louis Pacheco, Counselor Family Court Services RE: C.-. DOE: i/-,7/ Jessica -Hamilton, COB: 7/20i9= Mother: Denise Maldonado Father: Douclas Hamilton On May 27, 2001, Denise Maldonado and Douglas F.a.'i'.__tcn, pare =S the above-named minor children participated in a media.: Conference in t^s.5 office on a court referral. :he ._- Carticioated 1n pe=son while the father parzic. gated by tela7^C __om his ho,-,.e i' !entcwn, =en_.svlvan_a. The pa_encs e-= ____ fcr a^ acr==-^:c"' _vcarQi^c = sharing r___. ....c__ .. W'_ic^ Would be the =ecorilmendatior of this counselCr n==_=^ tie Cour=. _'-e f=ther acreed _.c would send the undersigned documc.__a___.. _as course acdress-q how :T•.anace L'_ahetaS. The pat acree the father needs to be tr=_-ec ---'? zo ,?:apace te c_d=:_ _.__:d's d'iabetic' c..".C:_:on. T-=- .._..ea_ ___ ?_, .. i1_ pls.:.:... r=s Diabe-les Tvne _ c-.: ren`1v COP.L_r ;l led Wit: an Ts:= nar=nt5 C_... iCt 5i;:' the carer--i a^yreement as _ .se ed J?_: XN 1 31_r 15 RE: / DN131966 May 27, 2004 Page 2 1. Each parent shall have access to medical and school records pertaining to the children and be permitted to independently consult with any and all professionals involved with the children. It is eagh parent's responsibility to request school calendars, progress reports, report cards and parent- teacher conferences directly from the school. 2. Each parent shall be empowered to obtain emergency health care for the children without the consent of the other parent. Each parent is to notify the other parent as soon as reasonably possible of any illness requiring medical attention or any emergency involving the children. 3. The mother shall have sole legal and physical custody of the children. 4. The parenting of the children shall be shared as follows: a. The children shall be with the father once a month on Saturday and Sunday from 10:00 a.m. until 4:00 p.m. The father's visitations shall occur in San Diego County and will be supervised by a professional supervisor. The father shall provide the mother with one week written notice of his intention to spend time with the child. When the *children have adjusted to spending time with the father and the parents mutually agree the father is ready for unsupervised visitation, the father shall have unsupervised visitation. b. When the mother travels with the children to visit her family on the East coast the mother shall make arranaemer.ts for the father to have visitation with the children. C. The children shall be with the mother all other times not specified above. -2- Department 18 RE: Hamilton / Maldonado / DN131966 May 27, 2004 Page 3 5. The mother may take a traveling vacation with the children each year of up to two weeks. The mother shall notify the father in writing of her vacation plans a minimum of 30 days prior to departure and provide the other parent with a basic itinerary to include dates of departure and return, destinations, flight information and telephone numbers for emergency purposes. The mother shall not schedule the vacation during the father's scheduled holiday time with the children., unless agreed upon in advance by both parents. 6. There shall be scheduled phone contact between the children and parents as follows: The mother shall make the children available to receive telephone calls from the father between 7:30 p.m. and 8:30 p.m. California time. 7. Neither parent shall make negative statements about the other parent in the presence or hearing of the children, question the children about the other parent, or use the children for communication about adult business. The children shall not be exposed to court papers or disputes between the parents, and each parent shall make every possible effort to ensure that other people comply with this order also. 8. Each parent shall always keep the other informed of his/her address and telephone numbers and shall notify the other parent within 24 hours of any changes. 6 9. At least 24 hours notice of any schedule change shall be given to the other parent. The parent requesting the change shall be responsible for any additional childcare that results from the change. 10. Neither parent shall schedule activities for the children during the other parent's scheduled parenting time without the other parent's prior agreement. 11. Neither parent shall move the residence of the children cut of San Diego County without giving the other parent a 45-day advance written notice and obtaining the other parent's written permission prior to the move or an order of the Court g. arftina the move. Department 18 . RE: Hamilton / Maldonado / DN131966 GI_:: May 27, 2004 Page 4 13. The children's habitual place of residence shall be the United States of America. Reviewed and approved by: Mark Schecter Supervising Counselor LP/lp Cc: Denise Maldonado, mother Douglas Hamilton, father Terry Allen, Esquire Respectfully submitted, Louis Pacheco Counselor (760) 940-4431 -4- JLW-08-2004 19:52 . . BeBRALIN 610 997 5310 P.03i06 NORUALAND Rau= tarrwmz Helwig Diabetes Center JDMCC Suita 408 Allent , PA 18105-0889 (610) 402-soon Phono (810) 402-8639 Fax May 19, 2004 To Whom It May Concern: Douglas Hamilton allended diabetes uses and area a drabetes education session with me today. We discussed type 1 treatment of trftagl including: insulin action, Insulin We in tha Pump, signs and recommended w?ritten d remuro arria, Glucagon use, and urine ketone testing. I also es education classes concerning cairftnInation for Mr. rbohydrate counting amend nsuGpump ? therapy. Th e s? he ate no lasses will be offered June 7 and 14. 2004. next classes Please contact me should you need further information. Sincerely, Ellen Cooper. RN, MSN, CDE Diabetes Nurse Educator 6A41r i r c- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, Plaintiff vs. Denise Stewart-Maldonado, Defendant NO. IN CUSTODY VERIFICATION I, Brett J. Riegel, Esq., verify that the statements made in the foregoing document are true and correct to the best of my knowledge. I understand that false statements are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. ?q. ZZ?Oc/ Brett .RiegelEsDate /v 1(- ti 1 F F. i r r.; . 1 ifs , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, NO. _ -.5; 3,F0 Plaintiff VS. Denise Stewart-Maldonado, Defendant IN CUSTODY PRAECIPE TO MODIFY PARAGRAPH TWO OF THE CUSTODY COMPLAINT TO THE PROTHONOTARY: Pursuant to a letter received on October 21, 2004, which is dated October 14, 2004, the address for Denise Maldonado is no longer unknown, but is 1064 Tunberry Court Mechanicsburg, PA 17050. DATE: 16J7, Z ?I Brett J. Riege , Esq. Amori & Riegel, L.L.C. 717 Sarah Street Stroudsburg, PA 18360 (570) 421-1260 C-D "C:7 1 DOUGLAS HAMILTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DENISE STEWART-MALDONADO • 04-5380 CIVIL ACTION LAW . IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 04, 2004 , 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 301 Market Street, Lemoyne, PA 17043 on Monday, December 06, 2004 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy, Esq. mhc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 h9 s•i/ ! ?? ? AON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, NO. 04-5380 Plaintiff vs. Denise Stewart-Maldonado, Defendant IN CUSTODY MOTION FOR CONTINUANCE Brett J. Riegel, Esq., moves the court as follows: 1. A prehearing custody conference is scheduled for December 6, 2004. 2. Plaintiff's counsel is scheduled to be in three other hearings that morning before the Court of Common Pleas of Monroe County. 3. As Defendant is currently pro se, she was not contacted to concur in this request. 4. No other members of the undersigned's firm are available that day for conference. WHEREFORE, The undersigned respectfully requests the conference be continued. Respect y submitte r Brett J. Riegel, Esq. Atty. ID: 76448 717 Sarah Street Stroudsburg, PA 18360 (570) 421-1260 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, Plaintiff vs. NO. 04-5380 Denise Stewart-Maldonado, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Francine Bresnen, of Amori & Riegel, LLC, hereby certify that the attached Motion was served upon Denise Stewart-Maldonado 1064 Tunberry Court Mechanicsburg, PA 17050. via first class mail on November 9 , 2004 & Riegel, LLC ( r 71 -, !- c! Cr) I COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNEYS FOR DEFENDANT DEC 15 20641/ DOUGLAS HAMILTON, Plaintiff, V. DENISE STEWART-MALDONADO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5380 Civil Term Civil Action - Law In Custody ORDER AND NOW THIS day of Or. CE )),L- k 'x ? 2004, upon consideration of Defendant's Preliminary Objection to the jurisdiction of this Court, it is hereby ORDERED that the Custody Conciliation Conference scheduled for December 22, 2004 before Conciliator Melissa Peel Greevy is generally continued until final adjudication of Defendant's Preliminary Objection. Furthermore, a hearing concerning Defendant's Preliminary Objection is scheduled for the y°`.!? day of 2,W4 at /`? ' ?? o'clock in. in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: ,0?, /-//4./, J. CF: tXisa Marie Coyne, Esq. For Defendant vBrett J. Riegel, Esq. For Plaintiff (/Melissa Peel Greevy, Esq. Custody Conciliator 41i -PUc?, l :? ? ;.??, COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNEYS FOR DEFENDANT DOUGLAS HAMILTON, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DENISE STEWART-MALDONADO, Defendant No. 04-5380 Civil Term Civil Action - Law In Custody PRELEl HNARY OBJECTION TO CUSTODY COMPLAINT TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW COMES the Defendant, Denise Stewart-Maldonado, by and through her counsel, COYNE & COYNE, P.C., and avers the following in support of the within Preliminary Objection challenging the jurisdiction of this Honorable Court in this Custody Action: 1. On January 15, 2004, the Court of Common Pleas of Monroe County, Pennsylvania transferred jurisdiction of the parties' Custody action to the San Diego County Superior Court, California. (See, Exhibit "A"). 2. Although represented by both Pennsylvania and California legal counsel, Plaintiff never appealed the January 15, 2004 Order of Court of Monroe County, Pennsylvania which relinquished jurisdiction from Pennsylvania to California for the custody action. 3. Since relinquishing jurisdiction to California, the parties have each retained California counsel and have engaged in various child support and custody litigation between the parties. 4. On July 7, 2004, Judge Alksne of the Superior Court of San Diego County issued an Order of Custody concerning the parties' minor children. (See, Exhibit "B") 5. On July 7, 2004, the parties, represented by their California counsel, entered into a stipulation and consent order to permit Defendant to temporarily relocate to Pennsylvania with the minor children due to Defendant's husband's military assignment to Pennsylvania. (See, Exhibit "C".) 6. Defendant and the minor children are California residents and have resided in California for four years immediately preceding their temporary move to Pennsylvania. 7. California has issued Orders concerning both custody and support matters regarding the minor children and Plaintiff participated in all California custody and support hearings and proceedings and was represented by legal counsel in those proceedings. 8. On October 26, 2004, Plaintiff filed a Custody Complaint in Cumberland County, Pennsylvania with this Honorable Court. (See, Exhibit "D"). 9. Defendant's temporary relocation to Pennsylvania is only for 24 months due to Defendant's husband's military assignment and Defendant intends to return to California with the minor children upon Husband's retirement from military service. 10. Defendant and her minor children have not resided in Pennsylvania during the six months prior to Plaintiff's filing of the Pennsylvania Custody Complaint. 11. Although Plaintiff is represented by California legal counsel, Plaintiff has not sought California's relinquishment of jurisdiction concerning custody. 12. Upon receipt of the Pennsylvania Custody Complaint, the undersigned counsel for Defendant contacted opposing Pennsylvania counsel and requested that the Pennsylvania custody complaint be withdrawn and the custody matter be litigated in California where both parties have existing legal counsel. 13. Opposing counsel advised that the Pennsylvania Custody Complaint would not be voluntarily withdrawn. 14. Due to Plaintiff's refusal to voluntarily withdraw his improvident Pennsylvania Custody Complaint, Defendant has been forced to incur attorney fees for Pennsylvania counsel to litigate the within Preliminary Objections. 15. The Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S. §5401, et seq. provides that California, not Pennsylvania has jurisdiction concerning this custody case. WHEREFORE, the Defendant prays that this Honorable Court will sustain Defendant's Preliminary Objection as to Jurisdiction in this matter and that this Honorable Court directs that the Plaintiff pay Defendant's attorney fees, and any and all other relief as may be appropriate under the circumstances. Respectfully submitted: COYNE & COYNE, P.C. Dated: 12 19-- - c"1 By: e, Esq. isa Marie Cetreet 901 Market Carrip Hill, PA 17011-4227 (717) 737-0464 Pa. Supreme Ct. No. 53788 Attorney for Defendant COURT OF COMMON PLEAS OF M.ONROE COUNTY FORTY-THIRD JUDICIA] DISTRICT COMMONWEALTH OF PENNSYLVANIA DOUGLAS S.HAMILTON, Plaintiff VS. I DENISE STEWART-MALDONADO, Defendant NO. 4 DR 1988 INCIUSTODY ORDER AND NOW, this 15th day of January, 2004, upon consideration of Defendant's Preliminary Objections, Plaintiff's Preliminary Objections; and the briefs and arguments of both parties, it is ORDERED as follows: 1. Plaintiff's Preliminary Objections are DISMISSED 2. Defendant's Preliminary Objections are SUSTAINED. 3. Jurisdiction of this matter is relinquished to the State of California, SanDiego Superior Court, 325 South Melrose Drive, Vista, California, 92081. 4r1 BY THE COURT:. MiARGHERITI PATTI WOR :c: Brett J. Riegel, Esq. % Robin A. Spishock, Esq. ?--'? SanDiego Superior Court, 3 25 S. Melrose Drive, Vista, CA 92081 GTON, J. FL.3dn ATTO EY OR PARTY WITHOUT ATTORNEY (Name and-dress) FOR COURT USE ONLY TERRY S. ALLEN SBN79701 Law Office of Terry S. Allen 410 S. Melrose Drive Suite 106 Vista, CA 92083 TELEPHONENo.: 760-806-4342 FAX NO.(optronat): 760-806-4393 ATTORNEY FOR (Name): DENISE MALDONADO SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Diego d Q STREET ADDRESS: 325 S. Melrose Drive Gerk of she Superior Co., MAILINGADDRESS: Same JUL - 7 2004 CITYANDZIPCODE: Vista 92083 BRANCH NAME: North Count SCHUSTER BY R PETITIONERIPLAINTIFF: DENISE MALDONADO . RESPONDENT/DEFENDANT: DOUGLAS HAMILTON OTHER: CASE NUMBER: FINDINGS AND ORDER AFTER HEARING . DN 131966 1. This proceeding was heard on (date): 6/10/2004 at (time): 1: 4 5 P.M. in Dept.: 113 Room: by Judge (name): LORNA ALKSNE 0 Temporary Judge X-1 Petitioner/plaintiff present ?X Attorney present (name): Terry S. Allen 0 Respondent/defendant present 0 Attorney present (name): PETER MUELLER, by SUSIE KNOWLTON Other present Attorney present (name): On the order to show cause or motion filed (date): 3 / 16 / 2 0 0 4 by (name): DENISE MALDONADO 2. THE COURT ORDERS 3. Custody and visitation: 0 As attached on form FL-341 0 Not applicable 4. Child support: F7X As attached on form FL-342 5. Spousal or family support: As attached on form FL-343 6. Property orders: As attached on form FL-344 7. Other orders: ® As attached Not applicable Not applicable FX7 Not applicable Not applicable 8. F-Xj Attorney fees (specify amount): $ RESERVED Payable to (name and address): Payable forthwith 0 other (specify): 9. All other issues are reserved until further order of court. Date: JUL - 7 2004 Approved as conforming to court order. ' - / /Y1J JUDICIAL OFFICER LORNA ALKSNE SIGNATURE OF A Y FOR 7-? PETITIONER / PLAINTIFF I X I RESPONDENT /DEFENDANT - - - ---- - - - - - - - -- -- - -... - -- -- i Pape Tof - Form Adopted for Mandatory Use FINDINGS AND ORDER AFTER HEARING Judiaal Council of California FL-340 (Rev. July 1, 20031 (Family Law-Custody and Support-Uniform Parentage) SO? P 11S i? c _ FL-34" _ PETITIONER/ PLAINTIFF: DENISE MALDONADO CASE NUMBER: DN 131966 RESPONDENT/ DEFENDANT: DOUGLAS HAMILTON CHILD CUSTODY AND VISITATION ORDER ATTACHMENT Attachment to [X Findings and Order After Hearing 0 Judgment C] Other 0 Stipulation and Order for Custody and/or Visitation of Children 1. ® CUSTODY Custody of the minor children of the parties is awarded as follows: Child's name Date of birth Leaal custody to Physical custody to (Person who makes decisions (Person the child lives with.) about health, education, etc.) ALLISHA HAMILTON 7/25/89 DENISE MALDONADO DENISE MALDONADO JESSICA HAMILTON 7/20/92 DENISE MALDONADO DENISE MALDONADO 2. X? VISITATION a. = Reasonable right of visitation to the party without physical custody. (Not appropriate in cases involving domestic violence.) b. ® Seethe attached 5 page document dated: 5 / 2 7 / 2 0 0 4 Q? 0- 0-vv c. The parties will go to mediation at: O-A ate-4 d. No visitation. tJ- t? 5 K e. Visitation for = Father = Mother will be: ? (i) = WEEKENDS (starting): (The ist weekend of the month is the fst weekend with a Saturday.) = 1st 0 2nd = 3rd = 4th 0 5th weekend of the month from at 0 a.m. = P.M. (day of week) (time) to at = a.m. = p.m. (day of week) (time) The parents will alternate the 5th weekends, with the = Father 0 Mother having the first 5th weekend. Father to have 5th weekends in 0 odd even months. Mother to have 5th weekends in 0 odd even months. (ii) 0 ALTERNATE WEEKENDS (specify starting date): 0 Father = Mother will have the children with him/her (specify days and times): from at 0 a.m. = p.m. (day of week) (time) to (day of week) at 0 a.m. = P.M. (time) (iii) WEEKDAYS (starting): Father Mother from at (day of week) to will have the children with him/her (specify days and times): a.m. = p.m. (time) at a.m. = P.M. (day of week) (time) (iv) = OTHER (specify days and times as well as any additional restrictions): 0 See Attachment 2e(iv). Page 1 of 2 Form Approved for Optional Use CHILD CUSTODY AND VISITATION ORDER ATTACHMENT FamilyCode, §§3020,3022,3040-3043, Judicial Council of California 3046, 3100, 6340, 7604 FL-341 [Rev. January 1, 20041 SO r U S' _ PETITIONER/ PLAINTIFF: DENISE MALDONADO CASE NUMBER: DN 131966 RESPONDENT/ DEFENDANT: DOUGLAS HAMILTON 3. = SUPERVISED VISITATION until = further order of the court = other 0 Father 0 Mother will have supervised visitation with the minor children according to the schedule set forth on page 1. (You must attach form FL-341(A).) 4. = TRANSPORTATION FOR VISITATION a. Transportation to the visits will be provided by 0 Father 0 Mother 0 Other (specify): b. 0 Transportation from the visits will be provided by = Father = Mother = Other (specify): c. Drop-off/Pickup of the children will be at (address): d. The children will be driven only by a licensed and insured driver. The car or truck must have legal child restraint devices. e. During the exchanges, the parent driving the children will wait in the car and the other parent will wait in their home while the children go to the home. f. 0 Other (specify): 5. 0 TRAVEL WITH CHILDREN = Father = Mother 0 Other (name): must have written permission from the other parent or a court order to take the children outside of a. the State of California b. the following counties (specify): c. other places (specify): 6. 0 CHILD ABDUCTION PREVENTION There is a risk that one of the parents will take the children out of California without the other parent's permission. Form FL-341(B) is attached and must be obeyed. 7. 0 HOLIDAY SCHEDULE The children will spend holiday time as listed in attached `form FL-341(C) 0 Other. 8. = ADDITIONAL CUSTODY PROVISIONS The parents will follow the additional custody provisions as listed in attached C1 form FL-341(D) = Other. 9. = JOINT LEGAL CUSTODY The parents will share joint legal custody as listed in attached = form FL-341(E) = Other. 10. © OTHER (specify): PARTIES ARE ORDERED TO COMPLY WITH THE TERMS OF THE FCS REPORT DATED MAY 27, 2004, ATTACHED AND INCORPORATED 'HEREIN BY REFERENCE,. CONSISTING OF 5 PAGES. 11. JURISDICTION: This court has jurisdiction to make child custody orders in this case under the Uniform Child Custody Jurtsdiction and Enforcement Act (part 3 of the California Family Code commencing with section 3400). 12. NOTICE AND OPPORTUNITY TO BE HEARD: The responding party was given notice and an opportunity to be heard as provided by the laws of the State of California. 13. COUNTRY OF HABITUAL RESIDENCE: The country of habitual residence of the child or children in this case is © the United States 0 Other (specify): 14. PENALTIES FOR VIOLATING THIS ORDER: If you violate this order you may be subject to civil or criminal penalties, or both. FL-341 [Rev. January 1, 20041 CHILD CUSTODY AND VISITATION ORDER ATTACHMENT Page 2of2 SUPERIOR COURT OF SAN DIEGO FAMILY COURT SERVICES May 27, 2004 DATE OF HEARING: June 10, 2004 TO: FROM: RE: OF: Honorable Lorna Alksne Department 18 Louis Pacheco, Counselor Family Court Services Parenting Plan Allisha Hamilton, DOB: 71/25/89 Jessica Hamilton, DOB: 7/20/92 Mother: Denise Maldonado Father: Douglas Hamilton DN131966 On May 27, 2004, Denise Maldonado and Douglas Hamilton, parents the above-named minor children participated in a mediati-n conference in this,,. office on a court referral. The moth_r participated in person while the father participated by teleohc-e from his home in Allentown, Pennsylvania. The parents were. able -:c reach an agreement regarding a sharing plan for their chi-d..-, which would be the recommendation of this counselor if needed '_v the Court. The father agreed he would send the undersigned documentation th_? he has completed a course addressing row to manage JuveT_=.e Dia betes . The parents agree the father needs to be trained cn to manage the oldest child's diabetic condition. The oldest c.h_-c has Diabetes Type 1 currently controlled with an insulin pump. The parents did not sign the parenting agreement as they are represented by counsel. Al? Ate: 1. Each parent shall have access to medical and school records pertaining to the children and be permitted to independently consult with any and all professionals involved with the children. It is eagh parent's responsibility to request school calendars, progress reports, report cards and parent- teacher conferences directly from the school. 2. Each parent shall be empowered to obtain emergency health care for the children without the consent of the other parent. Each parent is to notify the other parent as soon as reasonably possible of any illness requiring medical attention or any emergency involving the children. 3. The mother shall have sole legal and physical custody of the children. 4. The parenting of the children shall be shared as follows: a. The children shall be with the father once a month on Saturday and Sunday from 10:00 a.m. until 4:00 p.m. The father's visitations shall occur in San Diego County and will be supervised by a professional supervisor. The father shall provide the mother with one week written notice of his intention to spend time with the child. When the *children have adjusted to spending time with the father and the parents mutually agree the father is ready for unsupervised visitation, the father shall have unsupervised visitation. b. When the mother travels with the: children to visit her family on the East coast the mother shall make arrangements for the father to have visitation with the children. C. The children shall be with the mother all other timer not specified above. -2- Honorable Lorna Alksne May 27, 2004 Department 18 RE: Hamilton / Maldonado / DN131966 Page 3 5. The mother may take a traveling vacation with the children each year of up to two weeks. The mother shall notify the father in writing of her vacation plans a minimum of 30 days prior to departure and provide the other parent with a basic itinerary to include dates of departure and return, destinations, flight information and telephone numbers for emergency purposes. The mother shall not schedule the vacation during the father's scheduled. holiday time with the children, unless agreed upon in advance by both parents. 6. There shall be scheduled phone contact between the children and parents as follows: The mother shall make the children available to receive telephone calls from the father between 7:30 p.m. and 8:30 p.m. California time!. 7. Neither parent shall make negative statements about the other parent in the presence or hearing of the children, question the children about the other parent, or use the children for communication about adult business. The children shall not be exposed to court papers or disputes- between the parents, and each parent shall make every possible effort to ensure that other people comply with this order also. 8. Each parent shall always keep the other informed of his/her address and telephone numbers and :;hall notify the other parent within 24 hours of any changes. 9. At least 24 hours notice of any schedule change shall be given to the other parent. The parent requesting the change shall be responsible for any additional childcare that results from the change. 10. Neither parent shall schedule activities for the children during the other parent's scheduled parenting time without the other parent's- prior agreement. 11. Neither parent shall move the residence of the children out of San Diego County without giving the other parent a 45-day advance written notice and obtaining the other parent's written permission prior to the move or an order of the Court grar£fing the move. -3- W Honorable Lorna Alksne Department 18 RE: Hamilton / Maldonado / DN131966 May 27, 2004 Page 4 13. The children's habitual place of residence shall be the United States of America. Respectfully submitted, Louis Pacheco Counselor (760) 940-4431 Reviewed and approved by: Mark Schecter Supervising Counselor LP/lp Cc: Denise Maldonado, mother Douglas Hamilton, father Terry Allen, Esquire Peter Mueller, Esquire case Name: a_e NuTnnOer: r '`v C C CHILD(REN) SH ARIA G PERCENTAGE COrp...-r,en C3: *All ch;di-,z_n) st,,.arn_ NOTICE OF RIGHTS AND RESPONSIBILITIES Health Care Costs and Reimbursement Procedures r L-7 VZ IF YOU HAVE A CHILD SUPPORT ORDER THAT INCLUDES A PROVISION FOR THE REIMBURSEMENT OF A PORTION OF THE CHILD'S OR CHILDREN'S HEALTH CARE COSTS AND THOSE COSTS ARE NOT PAID FOR BY INSURANCE, THE LAW SAYS: 1. NOTICE. You must give the other parent an itemized statement of the charges that have been billed for any health care costs that are not paid for by insurance. You must give this statement to the other parent within a reasonable time, but no longer than 30 days after those costs were given to you. 2. PROOF OF FULL PAYMENT. If you have al- ready paid all of the uninsured costs, you must (1) provide the other parent with proof that you have paid those costs, and (2) ask for reimbursement forthe other parent's court-ordered share of those costs. 3. PROOF OF PARTIAL PAYMENT. If you have only paid your share of the uninsured costs, you must (1) provide the other parent with proof that you have paid your share, (2) ask that the other parent pay his or her share of the costs directly to the health care provider, and (3) provide the other parent with the information necessary for that parent to be able to pay the bill. 4. PAYMENT BY NOTIFIED PARENT. If you receive notice from a parent that an uninsured health care cost has been incurred, you must pay your share of that cost within the time the court orders, or if the court has not specified a period of time, you must make payment either (1) within 30 days from the time you were given notice of the amount due, (2) according to any payment schedule set by the health care provider, (3) according to a schedule agreed to in writing by yourself and the other parent, or (4) according to a schedule adopted by the court. S. DISPUTED CHARGES. If you dispute a charge, you may file a motion in court to resolve the dis- pute, but only if you pay that charge before filing your motion„ If you claim that the other party has failed to reirnburse you for a payment, or the other party has failed to make a payment to the provider after proper notice has been given, you may file a motion in court to resolve the dispute. The court will presume that if uninsured costs have been paid, those costs were reasonable. The court may award attorney fees against a party who has been unreasonable. 6. COURT-ORDERED INSURANCE COVER- AGE. If a parent provides health care insurance as ordered by the court, that insurance shall be used at all times to the extent that it is available for health care costs. a. Burden to prove. The burden to prove to the court that the coverage is inadequate to meet the child(ren)'s needs is upon the party claim- ing that inadequacy. b. Cost of additional coverage. If a parent pur- chases health care insurance in addition to that being ordered, the purchasing parent must pay for all the costs of the additional coverage. In addition, if the parentusesthe alternative cover- age, that parent must pay for all costs that ex- ceed whatwould have been incurred underthe coverage provided by court order. 7. PREFERRED HEALTH PROVIDERS.. If the court-orden:d coverage designates a preferred health care provider, that provider shall be used at all times consistent with the terms of the health insurance policy. When any party uses a health care provider other than the preferred provider, any health care costs that would have been paid by the preferred health provider had that provider been used shall be the sole responsibility of the party incurring those costs. Page 1 of 2 Form Approved for Optional Use NOTICE OF RIGHTS AND RESPONSIBILITIES jj??Family Code, §§ 4062, 4063 Judicial Council of California So_ _ n? FL-192 [Rev. January 1, 2003] Health Care Costs and Reimbursement Procedures lut o US FL-342 PETITIONER/ PLAINTIFF: DENISE MALDONADO CASE NUMBER: DN 131966 RESPONDENT/ DEFENDANT: DOUGLAS HAMILTON OTHER PARENT: CHILD SUPPORT INFORMATION AND ORDER ATTACHMENT Attachment to ® Findings and Order After Hearing = Restraining Order After Hearing (CLETS) Judgment 0 Other THE COURT USED THE FOLLOWING INFORMATION IN DETERMINING THE AMOUNT OF CHILD SUPPORT 1. A printout of a computer calculation and findings is attached and incorporated in this order for all required items not filled out below. 2. ® INCOME Gross monthly Net monthly Receiving a. Each parent's monthly income is as follows: income income TANF/CaIWORKS Mother: $ 894.00 $ 735.00 0 Father: $ 2,600.00 $ 2,043.00 0 b. Imputation of Income. The court finds that the = Mother = Father has the capacity to earn: $ per: and has based the support order upon this imputed income. 3. X? CHILDREN OF THIS RELATIONSHIP a. Number of children who are the subjects of the support order (specify): b. Approximate percentage of time spent with: Mother 96.00 % 4. = HARDSHIPS Father 4.00 % Hardships for the following have been allowed in calculafifig child support: Mother Father ADOroximate ending time for the hardshio a. 0 Other minor children: $ $ b. Extraordinary medical expenses: $ $ c. Catastrophic losses: $ $ THE COURT ORDERS 5. D LOW INCOME ADJUSTMENT The court finds that the net income of the parent who will pay support is less than $1,000 per month. Based on the facts presented to the court, the principles provided in Family Code section 4053, and the impact of the contemplated adjustment on the respective net incomes of the mother and father, the court makes the following determination: a. 0 There shall be no tow income adjustment. b. There shall be a low income adjustment of: $ per month based upon (specify): 6. ® CHILD SUPPORT a. Base child support = Mother X] Father must pay child support beginning (date): 3/16/2004 and continuing until further order of the court, or until the child marries, dies, is emancipated, reaches age 19, or reaches age 18 and is not a full-time high school student, whichever occurs first, as follows: Child's name Date of birth Monthly amount Payable to (name) ALLISHA HAMILTON 7/25/98 402.00 DENISE MALDONADO JESSICA HAMILTON 7/20/92 402.00 DENISE MALDONADO Payable 0 on the 1st of the month one-half on the 1st and one-half on the 15th of the month = other (specify): b. 0 Mandatory additional child support (1) 0 Child care costs related to employment or reasonably necessary job training. Mother must pay: % of total or $ per month child care costs. Father must pay: % of total or 0 $ per month child care costs. 0 Costs to be paid as follows (specify): THIS IS A COURT ORDER Page 1 of 2 Form Adopted for Mandatory Use CHILD SUPPORT INFORMATION AND ORDER ATTACHMENT FamlyCode, §§4055-4069 Judicial Council of California c? FL-342 [Rev. January 1. 20031 ?O Ll Qus (?. US PETITIONER/ PLAINTIFF: DENISE MALDONADO CASE NUMBER: RESPONDENT I DEFENDANT: DOUGLAS HAMILTON DN 131966 OTHER PARENT: THE COURT FURTHER ORDERS 6. b. Mandatory additional child support (continued) (2) ® Reasonable uninsured health care costs for the children X7 Mother must pay: 5 0 . 0 0 % of total or $ per month. © Father must pay: 5 0 . 0 0 % of total or $ per month. = Costs to be paid as follows (specify): c. = Additional child support (1) = Costs related to the educational or other special needs of the children 0 Mother must pay: % of total or $ per month. 0 Father must pay: % of total or $ per month. Costs to be paid as follows (specify): (2) 0 Travel expenses for visitation Mother must pay: % of total or 0 $ per month. 0 Father must pay: % of total or $ per month. Costs to be paid as follows (specify): Total child support per month: $ 804.00 7. HEALTH CARE EXPENSES a. Health insurance coverage for the minor children of the parties must be maintained by = Mother Father, if available at no or reasonable cost through their respective places of employment or self-employment. Both parties are ordered to cooperate in the presentation, collection, and reimbursement of any health care claims. b. Health insurance is not available to 0 Mother = Father at a reasonable cost at this time. c. The party providing coverage must assign the right of reimbursement to the other party. 8. EARNINGS ASSIGNMENT a. An Order/Notice to Withhold Income for Child Support (form FL-195) must issue. Note: The payor of child support is responsible for the payment of support directly to the recipient until support payments are deducted from the payor's wages, and for any support not paid by the assignment. 9. = NON-GUIDELINE ORDER This order does not meet the child support guideline set forth in Family Code: section 4055. A Non-Guideline Child Support Findings Attachment (form FL-342(A)) is attached. 10.= EMPLOYMENT SEARCH ORDER (Fam. Code, § 4505) =Mother =Father is ordered to seek employment with the following terms and conditions: 11.OTHERORDERS: ARREARAGES FOR 3/16/04-5/16/04 IS $1608 NOT INCLUDING $288 CREDIT FOR PAYMENTS PREVIOUSLY MADE, PAYABLE AT $50 PER MONTH FORTHWITH. 12. REQUIRED ATTACHMENTS A Notice of Rights and Responsibilities - Health Care Costs and Reimbursement Procedures and Information Sheet on Changing a Child Support Order (form FL-192) must be attached and is incorporated into this order. 13. CHILD SUPPORT CASE REGISTRY FORM Both parties must complete and file with the court a Child Support Case RegistryFonn (form FL-191) within 10 days of the date of this order. Thereafter, the parties must notify the court of any change in the information submitted within 10 days of the change by filing an updated form. NOTICE: Any party required to pay child support must pay interest on overdlue amounts at the "legal" rate, which is currently 10 percent per year. THIS IS A COURT ORDER FL-342 (Rev. January 1, 20031 CHILD PUPPORT INFORMATION AND ORDER ATTACWMENT Page 2 oft INFORMATION SHEET ON CHANGING A CHILD SUPPORT ORDER General Information The court has just made a child support order in your case. This order will remain the same unless a party to the action requests that the support be changed (modified). An order for child support can be modified only by filing a motion to change child support and serving each party involved in your case. If both parents and the local, child support agency (if involved) agree on a new child support amount, you can complete, have all parties sign, and file with the court a Stipulation to Establish or Modify Child Support and Order (form FL-350). When a Child Support Order May Be Modified The court takes several things into account when ordering the payment of child support. First, the number of children is considered. Next, the net income of both parents is determined, along with the percentage of time each parent has physical custody of the child(ren). The court considers both parties' tax filing status and may consider hardships, such as a child of another relationship. An existing order for child support may be modified when there has been a significant change in one of the parent's net income or a significant change in the parenting schedule or when a new child is born: Examples: You have been ordered to pay $500 per month in child support. You lose your job. You will continue to owe $500 per month, plus 10% interest on any unpaid support, unless you file a motion to modify your child support to a lower amount and the court orders a reduction. You are currently receiving $300 per month for child support from the other parent, whose net income has just increased substantially. You will continue to receive $300 per month unless you file a motion to modify your child support to a higher amount and the court orders an increase. You are paying child support based upon having physical custody of your child(ren) 30% of the time. After several months it turns out that you actually have physical custody of the child(ren) 50% of the time. You may file a motion to modify child support to a lower amount. How to Modify an Existing Child Support Order 1. Obtain and fill out the modification forms. The forms are available from the court clerk, Family Law Facilitator, your local law library, from the Judicial Council's website at www.courtinfo.ca.gov, and from various legal publishers. You will need to complete the following forms: - Order to Show Cause (form FL-300) or Notice of Motion (form FL-301) and Application for Order and Supporting Declaration (form FL-310) or Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal or Family Support (form FL-390). - Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FLA 55). 2. File the forms and obtain a hearing date from the court clerk. Write the hearing date on the modification forms. You will have to pay a filing fee. If you cannot afford a filing fee you can request a waiver of the fee by filing an Application for Waiver of Court Fees and Costs (form 982(a)(17)). 3. "Serve" the modification forms on the other parent and, if involved„ on the local child support agency. "Service" means "legally" delivering a copy of the papers. The forms generally must be served. no later than 21 calendar days prior to the hearing if serving by personal delivery. The delivery can normally be done by mail but Then must be done at least 26 calendar days before the hearing. All service must be done by a person who is at least age 18 other than you. This person must serve all papers you completed for the court as well as a blank Responsive Declaration (form FL-320) and blank Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155). 4. File Proof of Service (form FL-330 or FL-335) with the court clerk that the court papers were served on the other parent and, if involved, the local child support agency. 5. Attend the court hearing. Bring your most recent two years of tax returns and three most recent pay stubs to the court hearing. The judge will review your modification forms and the other parent's response, listen to both of you, and make an order. You should then prepare a Findings and Order After Hearing (form FL-340) with Child Support information and Order Attachment (FL-342). If you are unable to complete these forms by yourself, contact the Family Law Facilitator in your county or the Lawyer Referral Service of your local bar association or check the yellow pages of your telephone book under "Attorneys." FL-192[R-v. January t, 20031 INFORMATION SHEET ON CHANGING A CHILD SUPPORT ORDER Pa9e202 II .2 3 .. 4 5 6 .7 9 10 11 12' .. 13 14 15 16 27 18 19 20 21, 22 23 24 -25 26 27 28 29 30 TERRY S. ALLEN, ESQ. SBN79701. 410 S. Melrose Drive,. Suite 106. Vista, CA 92083 Cirkdm3.y.,„co,,,? Telephone (,760) .806-4342 JUL - 7 2004 Attorney for Petitioner BY: R SCHUSTER DENISE MALDONADO SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR.THE COUNTY OF SAN DIEGO In re the Marriage of: DENJSE MALDONADO, Petitioner, and DOUGLAS HAMILTON, Respondent } Case No.. DN 131966 STIPULATION AND.ORDER TO. RELOCATE TO THE STATE OF PENNSYLVANIA ) COMES NOW, Petitioner DENISE MALDONADO, by and through her attorney of record, TERRY S. ALLEN, and Respondent DOUGLAS HAMILTON, by and through his attorney of record, 'PETER MUELLER, who hereby agree and stipulate the following would become an immediate Order of the Court: l . That Petitioner, DEXTISE. MALDONADO, and the ^:iror children of both parties, ALLISHA HAMILTON and JESSICA HAMILTON, shall relocate their primary residence to New Cumberland,. Pennsylvania due to the fact that Petitioner's spouse, JOSE MALDONADO JR., is an active duty United States' Marine and has received Permanent Change of Station Orders to New Cumberland, Pennsylvania effective July 9, 2004, attached and incorporated herein by reference as Exhibit "A"- 2 1 2 3 4 5 6 7• 9 10 •11 12 13 14 15 16 17 18 19 20 i 21 22 23 24 25 26 27 2s 29 30 2. That Respondent currently resides in Allentown, Pennsylvania, which is approximately-a three--hour drive from the Petitioner's new residence. 3. That.all prior orders not in conflict shall remain in full force and effect. Dated f -. I Dated: IDated: = i DENISE MALDONADO, Petitioner TERRY ALLEN, Esquire Attorney for Petitioner HAMILTON, Respondent I Dated: On. tz ra17f--erf-- Attorney for gk MUELLER, Esq. >oq ent . IT IS SO ORDERED: DATED : JUL - 7 2004 SUPERIOR COURT LORNA A. ALKSNE DOUGLAS HAMILTON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-5380 CIVIL TERM V. CIVIL ACTION - LAW DENISE STEWART-MALDONADO, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 30th day of November, 2004, upon the request for continuance by counsel for Plaintiff, the Pre-Hearing Custody Conference previously scheduled for December 6, 2004 at 11:30 a.m. is continued. It is hereby directed that the parties and their respective counsel appear before Melissa Peel Greevy, (Esquire, the Conciliator, at 301 Market Street, Lemoyne, Pennsylvania 17043 on the 22nd day of December, 2004 at 1:00 p.m. for a Custody Conciliation 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- a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties from Abuse Orders, Special Relief Orders hours prior to scheduled hearing. to furnish any and all existing Protection and Custody Orders to the Conciliator 48 FOR TH?E?-COURT' Melissa Peel Greevy Esq ire Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dist: Brett J. Riegel, Esquire, 717 Sarah Street, Stroudsburg, PA 18360 Denise Stewart-Maldonado, 1064 Tunberry Court, Mechanicsburg, PA 17050 :240115 • d 111111Ao111L 11.X. 1i iegeL L.Lo`lJo Scott M. Amori, Esq. Brett J. Riegel, Esq.' 'Also licensed in NJ Attorneys at Law RE: MEMORANDUM I am using this informal note to give immediate, economical service. Please excuse the lack of a formal letter. Enclosed with this note please find the following: () The materials/ information you requested. () A copy of correspondence received or forwarded on your behalf. () A document which requires your: ( ) review. () signature and return to my office ( ) reply. () An Order of Court relative to a scheduling matter. () A document/s to be filed/recorded, time-stamped and returned in the enclosed envelope. () A complaint, motion or petition filed on ),our behalf in Court. For SERVICE upon you. () Final Divorce Decree. () Other. Date: u Very truly yours, i cine BA-snen, egal Assistant Amori & Riegel, LLC 570-421-1260 717 Sarah Street • Stroudsburg, PA 18360 • Phone (570) 421-1260 - Fax (570) 421-1407 • E-Mail: afr@epix.net OCT 2 d %uua? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, NO. !`?C! - ' I v Plaintiff vs. ; Denise Stewart-Maldonado, Defendant IN CUSTODY ORDER OF COURT You, Denise Stewart Maldonado, Defendant:, have been sued in court to obtain shared physical and legal custody of the child(ren): Allisha and Jessica. AND NOW, upon consideration of the attached Complaint and Petition for Hearing, it is hereby ordered that the parties and their respective counsel appear before , Esquire, Custody Conciliator, on the day of 2004, in the Conciliation Room, floor, Cumberland County Courthouse at (a.m./p.m.) for a conciliation 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 an Interim Order. Failure to appear at the conference may provide grounds for the entry of a Temporary Order. If in your custody at the time, you are hereby ordered to bring with you: Allisha and Jessica NOTE: Children under the age of eight (8) need not attend. If you fail to appear as ordered or to bring with you the minor child, an Order for custody may be entered against you by the Court or the Court may issue a warrant for your arrest. ALL PARTIES ARE FURTHER ORDERED to attend a program entitled the Co-Parent Education Program and to bring with you to the conference the Certificate of Completion you will receive at the program. You must register for the program using the registration form attached within fifteen (15) days of the COURT OF COMMON PLEAS OF-CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, . NO. Plaintiff vs. Denise Stewart-Maldonado, Defendant IN CUSTODY CUSTODY COMPLAINT Douglas Hamilton complains as follows: 1. Father of the children, Douglas Hamilton, resides at V 4 Adams Island, Box 5 Allentowi, PA 18109. QCs ?: 2. The mother of the children, Denise Maldonado, resides at an unknown location in or near Mechanicsburg, PA in Cumberland County. 3. The children at issue are: NAME PRESENT RESIDENCE DOB AGE Allisha Hamilton 7/25/89 15 Jessica Hamilton 7/ 20/ 92 12 4. For the past five years, the children have either lived with one parent or the other and, for the past approximately four years, have lived exclusively with mother. 5. Attached as Exhibit A is an order from the Superior Court of San Diego, Family Court Services, indicating that Denise Maldonado is permitted to relocate to Pennsylvania with the children. 6. Prior to their relocation, Exhibit B which is an order of court regarding partial physical custody and visitation was established through the San Diego County Superior Court- Family Division. 7. Other than this action, the only custody action that Plaintiff is aware of is a closed matter in the Monroe County Court of Common Pleas in Pennsylvania. This matter was closed when the Court transferred jurisdiction to the San Diego County Superior Court. 8. Though the shared custody arrangement confirmed by order of the California Court may have been appropriate at the time, it is the position of Plaintiff that given the relocation to Pennsylvania, a modification of the California order is appropriate since circumstances have changed. 9. Because one of the girls is a juvenile diabetic, Mr. Hamilton has undergone training through the Lehigh Valley Hospital and Health network Helwig Diabetes Center regarding use of an insulin pump and other issues relative to care of this child. A letter from Ellen Cooper, RN, MSN, CDE is attached as Exhibit C. 10. Its is believed that the best interest and permanent welfare of the children will be achieved by entering an order which grants father the following rights: a. shared legal custody; b. partial physical custody two to three weekends per month; c. reasonable telephone access to the children; d. shared transportation; e. alternating holidays; - f. a period of uninterrupted summer vacation, partial physical custody. 11. The Plaintiff is respectfully requesting a modification conference or hearing at the courts earliest convenience and, by separate motion, permission to have Denise Maldonado served via delivery to Jose A. Maldonado, Jr., her husband, who is assigned to the DEF Depot in New Cumberland, PA. WHEREFORE, an appropriate order regarding moc[iz`ication of custody as described above should be entered. Respectfully submitted, Brett J. Riege , Esq. Amori & Riegel, L.L.C. 717 Sarah Street Stroudsburg, PA 18360 (570) 421-1260 1 ' 2 3 4 5 6 .7 9 10 11 12. 13 14 15 16 17 18 19, 20 21 22 23 24 25 26 27 28 29 30 TERRY S_ ALLEN, ESQ. SBN797O1. 410 S. Melrose Drive,_ Suite 106 . Vista, CA 92083 Telephone (7,60)..806-4342 Attorney for Petitioner DENISE MALDONADO Clrk of Me Sp_*, Court JUL - 7 2004 BY. I SCHUSTER SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO In re the Marriage. of: ` DENISE MALDONADO, Petitioner, and DOUGLAS HAMILTON, Respondent Case No.: DN 131966 STIPULATION AND.ORDER TO. RELOCATE TO THE STATE OF PENNSYLVANIA ) ) COMES NOW, Petitioner DENISE MALDONADO, by and through her attorney of record, TERRY S. ALLEN, and Respondent DOUGLAS HAMILTON, by and through his attorney of record, PETER MUELLER, who hereby agree and stipulate the following would become an immediate Order of the Court: 1. That Petitioner, DENISE.MALDONADO, and the minor children of both parties, ALLISHA HAMILTON and JESSICA HAMILTON, shall relocate their primary residence to New Cumberland,. Pennsylvania due to the fact that Petitioner's spouse, JOSE MALDONADO JR., is an active duty United States Marine and has received Permanent Change of Station Orders to New Cumberland, Pennsylvania effective July 9, 2004, attached and incorporated herein by reference as Exhibit "A"; r 3. . 1 2 3 4 5 6 7• 81 9 10 -11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2. That Respondent currently resides in Allentown, Pennsylvania, which is approximately 'a three; hour drive =from the Petitioner's new residence. 3. 'Thdt all prior orders not in conflict shall remain in full force and effect. Dated: ;Dated- ?? 1 ?. ?.:.? f Dated : !Dated: 14-1_ ?,Dvf 1IT IS SO ORDERED: I DATED : JUL - 7 2064 HAMILTON, Respondent SUPERIOR COURT LORNA A. ALKSNE DENISE MALDONADO, Petitioner TERRY h. ALLEN, Esquire Attorney for Petitioner Obi ..15=rl-f T PETE MUELLER, Esq. Attorney for sport ent Exhibit."A" r? ern ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and address) FOR COURT USE ONLY TERRY S. ALLEN SBN79701 Law Office of Terry S. Allen 410 S. Melrose Drive i 0 d I D Su te 106 MWk ??'? Vista, CA 92083 TEI.EPHONENO.: 769-806-4342 FAXN0.(optiom0. 760-806-4393 7_ ?U??F JUL _ ATTORNEYFORmame). DENISE MALDONADO SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Diego BY. R. SCHUSTER sTREETAoDRESS: 325 'S. Melrose Drive MAILwG ADDRESS: Same cayArmtwcom: Vista 92083 BRANCH NAME; North Count PETMONER/PLAiNTtFF: DENISE MALDONADO RESPONDENT/DEFENDANT: DOUGLAS HAMILTON OTHER: FINDINGS AND ORDER AFTER HEARiNG CASE NUN[BSI: DN 131966 1. This proceeding was heard on (date): 6/10/2004 at (lime): 1:45 P.M. in Dept.: 18 Room: by Judgejname): LORNA ALKSNE = Temporary Judge [X ] Petitioner/plaintiff present EX Attomey present (name): Terry S. Allen Respondent/defendant present 511 Attorney ipresent (name): PETER MUELLER, by susIE KNowLToN Other present = Attorney ;present (name): On the order to show cause or motion filed (date): 3 /16/2 004 by (name): DENISE MALDONADO 2. THE COURT ORDERS 3. Custody and visitation: As attached on form FL-341 Not applicable 4. Child support x?] As attached on form FL-342 5. Spousal or family support: As attached on form FL-343 6. Property orders: C] As attached on form FL-344 7. Other orders: FTI As' attached 8.0 .Attomey fees (specify amount): $ RESERVED Payable to (name and address): Payable forthwith D other (specify): 9. All other issues are reserved until further order of court Date: JUL - 7 2004 Approved as conforming to court order. SIGNATURE OF Not applicable Not applicable i FTJ Not applicable Not applicable 1 LORNA A. ALKSNE JUDICIAL OFFICER LORNA ALKSNE FOR O PETr noNER (PLAtNTtFF -r x l RESPONDENri pEFENomT Page 1 of A Form Adapted for Mar WalryUse FINDINGS AND ORDER AFTE:R HEARING Judidal council of California FL-340 (Rev_ July 1. 2W31 (Family Law-Custody and SuDoort-Uniform ParenfanPl SO utions PETrnONERIPLAn,mFF: DENISE MALDONADO CASE NUMBEk DN 131966 RESPONDENT/ DEFENDANT: DOUGLAS HAMILTON -T -CHILD CUSTODY AND VISITATION ORDER ATTACHMENT Attachment to XI Findings and Order After Hearing 0 Judg rent = Other 0 Stipulation and Order for Custody andfor Visitation of Children 1. ® CUSTODY Custody of the minor children of the parties is awarded as follows: Child's name Date of birth Legal custody to (Person who makes decisions about health, education, etc.) ALLISHA HAMILTON 7/25/89_ DENISE MALDONADO JESSICA HAMILTON 7/20/92 DENISE M7LDONADO Physical custody to (Person the child lives with.) DENISE MALDONADO DENISE MALDONADO 2. FTI VISITATION a. [_] Reasonable right of visitation to the party without physical custody. (Not appropriate in cases involving domestic violence.) b. See the attached 5 page document dated: 5/27/20)4 Q f ¢ ?Q 0-4 a -*- c. The parties will go. to_ mediation at- 0-1 r d. No visitation. Lac x-o? e. Visitation for 0 Father = Mother will be: J v (i) = WEEKENDS (starting): (The 1st weekend of the month is the 7st weekend with a Saturday.) = 1 st = 2nd 0 3rd =. 4th = 5th weekend of the month from at a.m. -= p.m. (day of week) (time) to at a.m. = pJn. (day of week) (time) The parents will alternate the 5th weekends, with the [= Father mother having the first 5th weekend. Father to have 5th weekends in odd 0 even months. Mother to have 5th weekends in 0 odd even months. (ai) ALTERNATE WEEKENDS (specify starting date): _ Father Mother vAll have the children with him/her (specify days and times): from at a.m. p.m. (day of week) (time) to at a.m. P.M. (day of week) (time) (iii) WEEKDAYS (starting): Father 0 Mother 'will have the children with him/her (specify days and times): from at = a.m. C) p.m. (day of week) (frme) to at a.m. C] p.m. (day of week) (time) (iv) OTHER (specify days and times as well as any additional restrictions): [_] See Attachment 2e(iv). Page 1 of ^^';^"a' use r^utt n CUSTODY AND VISITATION ORDER ATTACHMENT ? ?,7 Fairsly Code. %3020.3022, 304o-3oi 3-+??cu 3048, 3700, 634p, 76C T'',' CnoraO! e Lo--na ? l ksre Leoa- rule SUPERIOR. COURT OF SAN DIEGO FAMILY COURT SERVICES. ` Mav 27, 200? DATvL op Fes'AR]MG: June 10, 2004 FROM : Louis Pacheco, Counselor Family Court cervices 0. 1 4s1-1 tl on, DO-. I?LJi` Jessica ?_aT ton, DGH. 71201 ;? Mother: Denise Maldonado Lathe-_ Doualas Hamilton r? DN131 960" On M-=y 27, 2004, Lenise. Maldonado and Douglas Ha;mni toi` ^a=c__ med.G_._. the above-named minor ch-ldren participated __n ;z COP.f2r°TC? ?Il t?iS . Oi_-=C on a COU=? reic =c?II ?--_- Da= L=C'T..G I..C.~a -.+C=aen WnzlG the -GLhE' _?C1 LZC_NC ?.CdJV --Clil n4 s nlLte _? ? e?:Lo n, ?ennsy,,?lvan_a. n G ?ar?? t_ s .___ _.. .` ..__...-- L.._--...--_ rG-E an - GC=..ee-__ -carv,- nC - J:lar.__ t-t,= r CWCL'i ..^eL _CJIIti'i2ridct1OP_ of z ? S COLIiSc .. if --`-- t?= ?Otl=r _ t! cr cC'_?e v.Ould Send. the undersigned coct;u'ile----a_' Cn t h as G^P:D C-=-se cCQ- eS S how t c_ ac= _--- 1 The pa- aCr e the fcyneeds t0 he t_?---'r - :? Lo a:: Cna ae t e C C-7-d' s ai aoCL-C cCrC-_-on. Th-e ldeS _ a5 Di-'-e es Type control-c`.:WIZI1 an __t L_ d- o- s- n he ca-enti 1g uJ-C?Tle::L G. l - X/4113 RE:`Hlton */ Ma / DN131966 May ' 27; `2004 Page 2 ACFtFT?MQN*t? 1. Each parent shall have access to medical and school records pertaining to the children and be permitted to independently consult with any and all professionals involved with the children- It is ea(;h parent's responsibility to request school calendars, progress reports, report cards and parent- teacher conferences directly from the school. 2. Each parent shall be empowered to obtain emergency health care for the children without the consent of the other parent. Each parent is to notify the other parent as soon as reasonably possible of any :illness requiring medical attention or any emergency involving the children. 3. T The mother shall have sole legal and physical custody of the children... 4. The parenting of the children shall be shared as follows: a. The children shall be with the father once a month on Saturday and Sunday from 10:00 a.m. until 4:00 p.m. The father's visitations shall occur in San Diego County and will' be supervised by a professional supervisor. The father shall provide the mother with one week written' notice of his intention to spend time with the child. When the 'children have. adjusted to spending. time with the father and the parents mutually agree the father is ready for unsupervised visitation, the father shall have .unsupervised visitation. b_ When the mother travels with the children to visit filer family on the East coast the mother shall make arrangements for the father to have visitation with the children. c. The children shall be With the mother all other Mmes not specified above. -2- Department 18+ RE: Hamilton / Maldonado / DN131966 - MaY. 27 2004 Page 3 5.1 The mother may take a traveling vacation with 'the children each year of up to two weeks. The mother shall notify the father in writing of her vacation plans a minimum of 30 days prior to departure, and provide the other parent with a basic itinerary to include . dates of departure and return, destinations, flight information and -telephone numbers for emergency purposes. The mother shall not schedule the vacation during the father's scheduled holiday time with the children, unless agreed upon in advance by both parents. 6.. There shall be scheduled phone contact between the children and parents as follows: The mothE:r shall :rake the children available to receive telephone calls from the father between 7:30 p.m. and 8:30 p.m. California time. 7. Neither parent shall make negative statements about the other, parent in the presence or hearing of the children, question the children about the other ' parent, or use the children for communication about adult business- The children shall not be exposed to court papers or disputes between the parents, and each parent shall make every possible effort to ensure that other people comply with this order also. 8. Each parent shall always keep the other informed of his/her address and telephone numbers "arid shall notify the other parent within. 24-hours of any changes. t - 9. At least 24 hours notice of any. schedule change shall be given to the other parent. The parent reauesting the change shall be responsible for any additional childcare that results from the change. 10. .Neither parent shall schedule activities for. the children during the other parent's scheduled parenting time without the other parent's- prior agreement'.. 11. Neither parent shall move the residence of the children cut of San Diego County without giving the other parent a 45-day advance written notice and obtaining the other parent's written permission prior to the move or an order or the Court gating the move. mss. - - - 2004 ?= - 2 May , - =Hoiiorabl ?.°A:=riay??Alksnes'. _ .. e:...Lo Department.-18" Page. 4 DNI31966 RE: Hamilton Maldonado The children's habitual place of residence shall be the 13. United States of Rmerica_ Respe'c?tfully submitted, Louis Pacheco Counselor (-760'.) 940-4431 . Reviewed and. app-roved by: Mark Schecter Supervising Counselor ` LP/lp Denise Maldonado, mother Cc: Douglas. F??*niltor_, lathe- Terry Allen, I--squire JUN-0B--202!4 18 * 52 B/81AlN LEHIEgff VALLEY sr?rtet? VULTR NSrWO32Z -He*g Diabetes Center JDMCC Suite 408 - Affentawn, PA 18105-0689 (610) 4Q2-5000 Phone (610) 402-8539 Fax May 19, 2004 To Whom It May Concern: . . 610 997 5510 P. 03/06 Douglas Hamilton attended a diabetes educ:afion session with me today. We discussed type 1 diabetes causes and treatment, including; insulln action, insulin use in the pump, signs and treatment of hypo- and hyperglycemia, Glucagon use, and urine ketone testing- I also reoawended written resource information for Mr. Hamilton. I re=nmendea he attena manates education classes concerning carbohydrate counting and insulin pump therapy. The next classes will be offered June 7 and 14, 2004. Please contaot me should you need further information. Sincerely, Ellen Cooper, RN, MSN, CDE Diahetes Nurse Educator COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, NO. Plaintiff vs. Denise Stewart-Maldonado, Defendant IN CUSTODY VERIFICATION I, Brett J. Riegel, Esq., verify that the statements made in the foregoing dot- meet are true an correct to the best of my knowledge. I understand that false statements are made subject to the penalties of 1.8 Pa.C.S.A. §4904, relating to unworn falsification to authorities. Z 2 Brett . Riegel, Esq. Date CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that true copy of the foregoing Preliminary Objection was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Brett J. Riegel, Esq. Amori & Riegel, LLC 717 Sarah Street Stroudesburg, PA 18360 Dated: f z jMarie?'Cot, L'sa Esq. ,-, ?_, _ .. ?.,? .. ? r- , .1 z ., ; _ ,: ? -- - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, NO. 04-5380 Plaintiff vs. Denise Stewart-Maldonado, Defendant IN CUSTODY ANSWER TO PRELIMINARY OBJECTIONS Plaintiff answers the preliminary objections of Defendant as follows: 1. Admitted. By way of further answer, this was following several years of litigation in the Court of Common Pleas of Monroe County. 2. Admitted. 3. Admitted. By way of further answer, California Court entered an order specifically allowing the Defendant to relocate from California to Pennsylvania. Though the order does not include language indicating a relinquishment of jurisdiction, Plaintiff believes that under 23 Pa C.S.A. 5423, the clear evidence that none of the parties or the children no longer reside in California is sufficient to allow jurisdiction to transfer to Pennsylvania. 4. Admitted. 5. Admitted. By way of further answer, despite the entry of this order, Plaintiff has not physically seen the children, though he has arranged for supervision and has completed type I juvenile diabetes training as one of the children is a juvenile diabetic. b. It is admitted that a California order was entered allowing Defendant to relocate. It is denied that the relocation was temporary in nature, but rather relates to a period of two years or approximately 11 % of the entire period of time under which the children would be subject to the Court's jurisdiction. (i.e. The period from birth to majority of 18 years.) 7. Admitted. By way of further answer, the Defendant moved to California for a "three month period" during which she was "testing" California. She was to transfer the children to Plaintiff for the summer when she first went to California; she refused. Her relocation to California was without Plaintiff's consent, though at that time he did not have sufficient resources to properly pursue the matter through the Monroe County Court of Common Pleas, which was the Court with jurisdiction over this matter at that time. 8. Admitted. 9. Plaintiff is without information sufficient: to form a belief as to the veracity of this allegation, though he does have information that the relocation is for a two-year period. 10. It is admitted that Defendant and the minor children did not reside in Pennsylvania during the six months prior to the filing of the Pennsylvania custody complaint; however, the children have now lived in Pennsylvania for approximately five months and their residence in Pennsylvania was contemplated by the California order of court allowing relocation. 11. Given the order allowing relocation, Plaintiff does not need to seek California's relinquishment of jurisdiction under 23 Pa C.S.A. 5423. 12. Admitted. By way of further answer, Plaintiff desired merely to get to the issues regarding an appropriate custody schedule. 13. Admitted. 14. Plaintiff is without information sufficient to form a belief as to the veracity of these allegations. 15. Denied. WHEREFORE, Plaintiff respectfully requests that the Court dismiss the preliminary objections of Defendant and reschedule the conciliation conference in this matter. Respectfully submitted, i Brett J. Riegel, sq. Amori & Riegel, LLC 717 Sarah Street Stroudsburg, PA 18360 Atty. ID 76448 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, NO. 04-5380 Plaintiff vs. Denise Stewart-Maldonado, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Francine Bresnen, of Amori & Riegel, LLC, hereby certify that the attached Motion was served upon Lisa Marie Coyne, Esq. 3901 Market Street Camp Hill, PA 17011 via first class nkrfl 6-)!i December 2004 i & Riegel, LLC -a ^l ? .a f .._ ly C..+" a DEC 2 1 2004-41 DOUGLAS HAMILTON, Plaintiff V. DENISE STEWART-MALDONADO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5380 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this 20th day of December, 2004, pursuant to Cumberland County Local Rule 1915.5.1, the Conciliator hereby continues generally the Custody Conciliation Conference presently scheduled for December 22, 2004 at 1:00 p.m. pending the outcome of Defendant's Preliminary Objections filed on December 15, 2004 in the above matter. FOR THE COURT: BY:- 611a - Melissa Peel Greevy, E quire Custody Conciliator Dist.: Brett J. Riegel, Esquire, 717 Sarah Street, Stroudsburg, PA 18360 Lisa Marie Coyne, Esquire, 3901 Market Street, Camp Hill, PA 17011 Taryn Dixon, Court Administrator, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 f`'"" ,_ . ?`?_. L.!. ..« _ _ ?,f ?1- ;_!.1 ,^? <?' f..? J ^ . i t-...t a t._ V??, % i -- 4._. _i C,.y4 DOUGLAS HAMILTON, Plaintiff vs. DENISE STEWART- MALDONADO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-5380 CIVIL IN CUSTODY IN RE: DEFENDANT'S PRELIMINARY OBJECTION ORDER I AND NOW, this day of February, 2005, after hearing and following telephone conference with Commissioner Lorna A. Alksne of the Superior Court of the State of California in and for the County of San Diego, the preliminary objection of the defendant to jurisdiction is DENIED and the matter is again referred to conciliator Melissa Peel Greevy, Esquire. BY THE COURT, Honorable Lorna A. Alksne 325 South Melrose Drive Vista, California 92081 ett J. Riegel, Esquire or the Plaintiff sa Marie Coyne, Esquire For the Defendant oa o? Am e! lv.f `: .n I't ..r t?.- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, Plaintiff vs. NO. 04-5380 Denise Stewart-Maldonado, Defendant IN CUSTODY PETITION FOR CONTEMPT Douglas Hamilton alleges as follows: 1. There is a California court order which provides Mr. Hamilton with periods of supervised visitation and which has been entered into evidence in this proceeding. 2. Shortly after the children moved to Cumberland County, Mr. Hamilton attempted to set up periods of supervised visitation through the YWCA. 3. Mr. Hamilton has been advised by the YWCA that Ms. Maldonado, as the primary custodian of the children, must contact them to schedule visitation times and dates. 4. Mr. Hamilton attempted to request Ms. Maldonado to make such arrangements. 5. When this effort failed, the undersigned wrote to Attorney Coyne about having her client contact YWCA to schedule times for supervised visitation in accordance with the California order. 6. No efforts have been made by Ms. Maldonado to schedule supervised visitation. 7. Though there is a pending request to modify the custody order to provide for additional time to Mr. Hamilton, compliance with the California order is required. 8. Mr. Hamilton has not had visitation with his children in nearly four years. 9. Ms. Maldonado's failure to contact the YWCA and schedule supervised visitations in accordance with the California court order is willful and an intentional violation of both the letter and spirit of that order. 10. The court concluded in January of 2005 that it has jurisdiction to hear this matter and, therefore, to enforce the existing order. 11. Ms. Maldonado has had ample opportunity to comply with the order and is aware of its provisions. WHEREFORE, Douglas Hamilton respectfully requests that the Court find Denise Maldonado in contempt of the California court order and let the court enter an order that; a. holds Mrs. Maldonado in contempt; b. provides for payment of reasonable counsel fees and costs associated with bringing this contempt petition; c. directs Ms. Maldonado to comply with the court order; d. schedules supervised visitation through the YWCA with any and all fees for such supervision to be paid by Ms. Maldonado as a penalty. Respectfully submitted, /L?- / 7 J Brett J. Rieg 1, Esq. Amori & Riegel, LLC 717 Sarah Street Stroudsburg, PA 18360 Atty. ID #76448 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, Plaintiff vs. NO. 04-5380 Denise Stewart-Maldonado, Defendant IN CUSTODY CERTIFICATION OF SERVICE I, Francine Bresnen of Amori & Riegel, L.L.C. hereby certify that service of the foregoing document was made upon: Lisa Marie Coyne, Esq. 3901 Market Street Camp Hill, PA 17011 tl by mailing first class postage prepaid on April*, 2005. Ara&•i & Riegel, L.L.C. 717 Sarah Street Stroudsburg, PA 18360 f? ?77 C?l ., 1 t HAMILTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-5380 CIVIL ACTION LAW STEW ART-MALDONADO DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 28, 2005 _ 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 DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Wednesday, May 11, 2005 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. he court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greevy, Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations able to disabled individuals having business before the court, please contact our office. All arrangements be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled ;rence or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT ?E AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET :TH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL FIELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ` r ? -,v <n* -1 5 ,2 f s all , nce? LS JI RECEIVED MAY 2 72005e DOUGLAS HAMILTON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DENISE STEWART-MALDONADO, Defendant HESS, J. --- ORDER OF COURT NO. 04-5380 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW, this ZI day of rnA-i , 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Douglas Hamilton and Denise Stewart- Maldonado, shall have shared legal custody of the children, Allisha Hamilton, born July 25, 1989, and Jessica Hamilton, born July 20, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have majority physical custody subject to Father's rights of partial custody which shall be arranged on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 3. Summer. Each party shall be entitled to four (4) weeks of custody with the children, to include their custodial weekends, however no more than two (2) of which may be taken consecutively. The parties shall provide each other no later than June 15t each year with written notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. R NO. 04-5380 CIVIL TERM 4. In light of the fact that one of the children has an insulin dependent diabetic condition, the parties shall ensure that the child is always in the care of an adult trained in diabetic management. If the child is going to be left in the care of the Stepmother without Father present, the Stepmother shall undertake training similar to that which Father has already completed. 5. Transportation. Father shall provide all transportation for three (3) of four (4) custodial weekends. Mother shall provide all transportation for one (1) of four (4) custodial weekends. BY THE COURT: 4A Hess, J. Dist: Wett J. Riegel, Esquire, 717 Sarah Street, Stroudsburg PA 18360 ,,N'sa Marie Coyne, Esquire, 3901 Market Street, Camp Hill, PA 17011 J? off, 3? p y° ? ? ? .?- a 0 `'1 RECEIVED MAY 27201)?,, DOUGLAS HAMILTON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-5380 CIVIL TERM V. DENISE STEWART-MALDONADO, CIVIL ACTION - LAW IN CUSTODY Defendant 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 Allisha Hamilton July 25, 1989 Mother Jessica Hamilton July 20, 1992 Mother 2. The parties reached an agreement in the form of an Order as attached with the exception of responsibility for sharing transportation incident to custodial exchanges. To the extent that the attached Order reflects responsibility for transportation, it constitutes the Conciliator's recommendation to the Court. The balance of the Order reflects an agreement of the parties as represented by their counsel in a telephone conference on May 11, 1005. Participating in the Conference were: Lisa M. Coyne, Esquire, attorney for Mother, and Brett J. Riegel, Esquire, attorney for Father. 3. Mother's position on transportation is that in addition to the parties' two (2) children there are three (3) additional children ages 8, 11 and 14 which she would have to bring with her if she was required to participate in sharing transportation on the weekends when her husband works. 4. Father's position on transportation is that Mother should have to participate in transportation by either having to meet him half way between her home in Mechanicsburg and his home in Allentown, or by doing all the transportation at either the beginning or end of a custodial weekend. .S Date Melissa Peel Greevy, Custody Conciliator :251445 COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 FOR PETITIONER DOUGLAS HAMILTON, Respondent, IN THE COURT OF CUMBERLAND CC 40N PLEAS OF ;PENNSYLVANIA V. DENISE STEWART-MALDONADO, Petitioner. No. 04-5380 Civil Civil Action - Law In Custody AND NOW COMES the Petitioner, Denise Lisa Marie Coyne, and avers the following in support of the within Relocation this Honorable Court in this Custody Action: 1. Petitioner is DENISE STEWART-MALDONADO, an resides at 1064 Tunberry Court, Mechanicsburg, Cumberland County, 2. Respondent is DOUGLAS HAMILTON, an adult 1716-B Sherwood Court, Allentown, Pennsylvania 18109-3496. 3. The parties are the natural parents of Allisha Hamilton, 16 years old and Jessica Hamilton, born July 20, 1992, who is now 13 4. Petitioner is married to Jose A. Maldonado, Jr. (Date 5. Petitioner's spouse is on active military duty with the most recently assigned to the Defense Distribution Center, New 6. Petitioner and children had previously resided with Pendleton, California from January 2001 to July 2004 7. Petitioner's spouse has been re-assigned to Camp by and through her attorney, for Modification and individual who currently who currently resides at July 25, 1989, who is now old. December 23, 2000). States Marine having been Pennsylvania in 2004. husband in Camp California due to military Orders. 8. Petitioner desires to return to California and relocate Respondent of Military Orders. 9. Respondent is currently is arrears for child support in order for child support issued by the California Court. This order has Pennsylvania Support Order. 10. The Mother of the children is the Petitioner. 11. The Father of the children is the Respondent. 12. The Petitioner currently resides with her husband and his daughters. 13. For the last five years, Petitioner's children have resided visitation with Respondent (Father) as stated in a California Custody temporary relocation to Pennsylvania from California due to Petitioner's California Court surrendered jurisdiction to Cumberland County, children and have advised of $19,000.00 pursuant to an yet been domesticated as a daughters and Petitioner's Petitioner with periods of However, upon Petitioner's military Order's, the and an Order of Court was issued May 27, 2005 by Cumberland County. (Order Attached as Exhibit "A".) 14. Attempts to resolve the relocation issue with the parties 15. The Military Orders are attached hereto as Exhibit "B" by the military for June 19, 2006 with a moving date of June 22, 2006. 16. The best interest and permanent welfare of the child will requested because given the Mother/Petitioner has been the primary custc of the children is an insulin dependant diabetic who needs adult supe management, and there are alternate visitation options available to the Fat to Father when Mother and children had resided in California previously. been unsuccessful. there is a pack-out date issued e served by granting the relief ial parent for the children, one ision concerning her diabetic as were previously available it WHEREFORE, the Petitioner respectfully requests that the Custo4 Order be modified to permit Petitioner to relocate with the children to California and periods of p?rtial visitation be granted to Respondent and that jurisdiction in this matter be relinquished back to CaIA,Dmia. Respectfully submitted: CO Dated: t5 By: DOUOLAS HAMILTON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROME NO.04.5M CIVIL TERM 4. CIYtL ACTION -LAW DENISE STEWART-MALDONAOO, [N CUS70DY Defendant HE98, J. - ORDER OF COURT AND NOW, this 7-1 dry of a w 2006, uppn oonddandian of the allached Custody Ooh Mlon Summery Report, it Is hereby cloned and doomm in rolaw: t. Lend CuidWy The peruse, Douglas Hamilton and Denies 9Nvre6. Medontdo, Mall how shared legal assic* d the ohldren, A1lefia HernI ton, born Jury 26, 1900, and Jessica Hamilton, born July20, 1992. Each parent shall l wa an squid dghL to ba eserclead jointly vllh the other parent Ic make all major non-rnaryency dechibrs dkclirv Ihs aNdnn's genera[ wel.b*g hcgrdMg, but not lfmlbad Iq sill dedabns mgsrdhg hrh hagft adnaarton and religion. Pursuant to the tenor or 21 Pa. C. S. #6501, eeah parent shelf be mltlad to alt records and IMbmalon perhining to 6u' chi ran hduding, but not Walled lc, medial, Owtol, religious or whw rscotaa, the residence addrese Of fM ohlclen and of ft olfw penal. To Ins ¦hderd av pp+orord has possession or sty such moorde at Informagon. Slot parent ahal be required b ehen the cams, or coples mer¦et, with the othar_ptroMmltlhln saraEr_ressrhabl/_Ilnna.as.In mete the records and Irdemadon of reasonable use to the Wher parent, 2. Physical Custody, Witter ahal haw myoriy physical custody aubjsd to Fatlurls rights of pwkl custody Moll shell be arranged an alemetlng weekends Mom Friday at 6011 p,am urdl Sunday at M p. m, 1. Summer. Each parts doll be smiled to four (4) weelte of ousiody with the children, b Include err cukodW weekende, hoorwer no more than tea (2) of which may ba token consocudvely. The parka shell provide each other rm later Ilium June 1s each yew with written nofca al their plemed vacation tirns. to [he avmt &W the Parise have amnged caMlalni; saleduks ra vecabn, the party first pmAdhg wrlllen noloe to tie other party shat have choice of the vwdw weelu Additional thrvacalloning parent shall provide a telephone number and location whom they an be reached during the raeatlon. FA 17141 f- 'tq r, I? 3 46, 0441360 OIVs. TERM n1C 4. In IlgIltof the fact that om of tM ehlldntrt hum hwan depwWs d dhbetb tondltbn, to panty shall swim the IM ordtd h Omya In IM eam of an aU trtlmd In Ihbdo management, If the oNW Is gahg to be Idt In the ewe of the Btepmether wahaut Wher pmamt. the atepmotor etrd undertake fmhhg aimkr to fhd which Fatter has thawy eomphfad. 5. 780 1, Fdher"pmvlde of tmnap"On for three (3) of four (4) ;ododh) mWrmnda. Mother ahdl provide all tmneporWIN for one (1) of four (4) ayatodhl vaabndc BYTNECOURT+ Kav A. New. J, rows, RwL" 717lmk$ a, aneceuw P halo Air Mo cmm. Fmp", NM Ytlht aM, seep 11q M 17811 64" 2a 3 DOUGLAS HAMILTON, Plos ttf V. DENISE STEWART44ALDOWO, Defendant IN THE OOURr OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 0 .SUO CIVIL TERM CIVIL ACTION - LAW IN CUSTODY roe rgTOBY CONGIiIATtON AUNIMARY POPG_4F IN ACCORDANCE WRH CUMBERLAND ODUNTY RULE OF CIVIL PROCEDURE 4146.34, the unde rand Ouda.dy Con alb for su mach to folowing report: 1. The perAnaat Infpmfetbn conesming the child vAno le the su4Jeot of thle ltwollon 11 ofollows: Hot 11AE of SM wt ?rRLY IN THE CLlITCDY CF Alllshe Hamagln JIly25,1488 Motor Jesakra Hamlten July 20,1118¢ Mahar 2. The pan8as reached on agrearant In is form of an Order se attached wbh the exception of moponetrlty for sharing Iransportollm Inclderd tc custodial exchangss. To the emkm t tltat the el d%od Order reAadI rapwralbl8y fortransporgdion, a aorattutu the Ooncllalor'o romm"Watbn la Iha Court The balance of the Order ralleft an spreelnant of the putty se rspressntsd by the& counsel In a Ielephona eonlennce on May 11, 1DOC Participating In the Corfelence is am Lela M. Coyna, Esquire, acomey W MoS,c, and Brett J. Riegel, Esquire. aeomeyfoeFather. 8. Mobhart poalton on tansporldm t Shat in oddtdm in the part"' two (2) chldlen there are th roe (3) addlortsl dltdnn spa 8,11 and 14 wFdCI1 she would have to 6NrO with her If she woe nwh d to parlJopets In sharing trenapods8on on the weakards when her husband wads. 4. tralhan's poaElon on b'ansporlatbn Is OW MoBsr should hove to putidlpafe li Irmopoddloi by ether hxft to meet Mm half way batmen her home In Meohaniosbuk and We home In Allemown, or by doing all the tmroporhtion aE *War the beginning or on of a molodisl weekend. Date' f Matisse Pool Groovy. Eequl/a Custody Concllotor 01i{I 7 USMC WEB ORD RS DRRS INFORMATION MALDONADO JR, JOSE, A E9 3043 121 DESCRIPTIONS 1STMARDIV CAMP PENDLBTON CA ATE OF DEPARTURE: 2006/6/22 ATE OF ARRIVAL, 2006/7/22 s 4/10/2006 2:03;00 PM WAD DESCRIPTION: DLA, DEF DEPOT NEW COMB PA ACTION INFORMATIOM DATE TRANSACTION TYPE :03:00 PM O11 01:00 AM 010 HAVE BEEN MODIFIED »> DATE DRSIGMATED DIRECT AND TRANSFER MARINE TO PROCEED AND REPORT NOT LATER THAN 22 Ju THAN 22 Jun 2006 TO 1STNARDIV CAMP PENDLETON CA MONITORED COMMAND CODE 121 OR DUTY. SUBJECT NAMED MARINE M ED SERVICE TO COMPLY WITH TIDY PRESCRIBED TOUR LENGTH AND IF APPLICABLE EX OR REENLIST. ERIOR TO TRANSFER. MARINE CORPS ORDERS P1300.8, 4650.30. 5512.4, P1000.6 AND BUREAU OF MEDICI AND SURGERY INSTRUCTION 6320.1 RE SERVICE RECORDS AND HEALTH RECORDS ACCOMPANY MARINE. INFORMATION RBGARDIN FINANCE, MEDICAL AND PERSONAL CAN BE OBTAINED BY CONTACTING MCCS ONE SOURCE AT: FROM THE US (IN CONUS); 1- 00-869-0278 OVERSEAS ONLY (OCON 9 OVERSEAS COLLECT (OCONUS COLLECT) : 484-530-5908. MOOS ONE SOURCE CAN ALSO E ACCESSED ON THE WEB AT ">OURCE.COM. THE USER ID IS MARINES AND THE PASSWORD IS SEMPER PI: ATED DIRECT AND TRANSFER MARINE TO PROCEED AND REPORT NOT LATER THAN 31 May 006 NOT EARLIER THAN 01 May 200 AMP PENDLETON CA MONITORED COMMAND CODE 121. FOR DUTY: SUBJECT NAMED MARINE ST HAVE THE OBLIGATED SERVICE T 3SCRIBED TOUR LENGTH AND IF APPLICABLE EXTEND OR REENLIST PRIOR TO TRANSFER. CURRENT EDITIONS OF MARINE CORP 50.30, 5512.4, P1D00.6 AND BUREAU OF MEDICINE AND SURGERY INSTRUCTION 6320.1 MAY APPLY. ENSURE SERVICE RECOR 2DS ACCOMPANY MARINE. INFORMATION REGARDING FINANCE, MEDICAL AND PERSONAL ISTANCE CAN BE OBTAINED BY CONT ORCE AT: PROM THE US (IN CONUS): 1-800.869-0276 OVERSEAS ONLY (OCONUS) : 1-8 0-869-0276 OVERSEAS COLLECT (OCO 34-530-5908. MCCS ONE SOURCE CAN ALSO BE ACCESSED ON THE WEB AT WWW.MCCSONE URCE.COM. THE USER ID IS MARINE SEMPER PI. The facts set forth in the foregoing are true and correct to the best o? the undersigned's knowledge, information and belief and are verified subject to the penalties for unworn falsification to authorities under 18 Pa. C.S.A. §4904. 'C /f /o G' CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that true copy Modification of Custody Due to Relocation was served this date individuals at the below listed address by way of first class mail, Brett J. Riegel, Esq. Amori & Riegel, LLC 717 Sarah Street Stroudsburg, PA 18360 the foregoing Petition for the below-referenced pre-paid: Dated: a ?? c7 f) ` n [__ cr 0 G? ,73 -? q JUN 0 1 2006 COYNE & COYNE, P.C. $Y= --- Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNEYS FOR PETITIONER DOUGLAS HAMILTON, IN THE COURT OF COMMON PLEAS OF Respondent, CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 04-5380 Civil Term DENISE STEWART-MALDONADO, Civil Action -Law Petitioner In Custody ORDER AND NOW THIS day of 2006, upon consideration of Petitioner's Petition for Modification of Custody Due to Relocation, it is hereby ORDERED that a Custody Relocation Hearing is scheduled for the ? day of 2006 at o'clock p m. in Courtroom No. S of the Cumberland County Courthouse, Carlisle, Pennsylvania. CF: isa Marie Coyne, Esq. For Defendant ,felt J. Riegel, Esq. J For Plaintiff BY THE COURT: ?% - I q ? \ Kevin A M L c ?, Jr • Jkd? . r p? Oh Q OV J0 nlHi COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, NO. 04-5380 Plaintiff vs. Denise Stewart-Maldonado, Defendant IN CUSTODY ANSWER TO DENISE STEWART-MALDONADO'S PETITION FOR MODIFICATION OF CUSTODY DUE TO RELOCATION Douglas Hamilton moves the court as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. By way of further answer, it has been represented to Mr. Hamilton, at various times, that Mr. Maldonado would be retiring from the military at the completion of his original tour in Camp Pendleton (2004), as well as at the completion of his tour at New Cumberland (2006). This representation appears to be false. 6. Admitted in part. It is admitted that the children and petitioner resided with petitioner's husband at Camp Pendleton, California. It is denied that their term of residence was actually as described in this paragraph. For the first eight months that the children were in California, Mr. Hamilton had been assured that it was a temporary move to "try the area out" and not an actual relocation. Refer to contempt petition filed before the Monroe County Court of Common Pleas where the court determined that it did not have jurisdiction over the dispute. 7. Respondent has no information contrary to the averment that petitioner's spouse has been reassigned to Camp Pendleton. However, as noted above, respondent believed that petitioner's spouse was retiring from the military. Further, it is not known whether petitioner's spouse requested this particular duty station. Additionally, it should be noted that the orders were apparently cut on April 10, 2006 though no petition for relocation was filed until on or about June 1, 2006. 8. It is admitted that petitioner desires to return to California. It is denied that this relocation would be in the best interests of the children and, further, the military orders governing the location of petitioner's husband are not affective as to petitioner. 9. Denied. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied. By way of further answer, mother absconded to California in January of 2001 with the children and retained them there in contradiction to the parties' agreement and the terms of the then enforced Monroe County custody order. A California custody order was only established once respondent attempted to exert periods of partial custody with the children after Monroe County declined his request for a contempt order based on jurisdiction. Father has enjoyed, since the return of his children to Pennsylvania, a close physical relationship with them. It is denied that the relocation of petitioner was temporary. Rather, it was based on orders directing her husband to report to New Cumberland which orders were to be followed with his retirement from the service. At the time that the petitioner absconded to California, she had reported to respondent that she would be returning to Pennsylvania promptly. 14. Admitted. 15. Admitted that there is a pack out date for the "subject marine," not for petitioner or the girls. 16. Denied. The respondent and his children have just achieved a level of normalcy and a custodial relationship as a result of his filing the instant action before the Cumberland County Court of Common Pleas. While it is admitted that mother/ petitioner has been the primary custodial parent for the children, such an arrangement should continue only if she remains in Pennsylvania. It is agreed and admitted that one of the children is an insulin dependant diabetic who receives excellent supervision from both mother/ petitioner and father/ respondent as well as of father's wife. It is denied that their alternate visitation options available to father as were previously available when the children reside in California. With the exception of webcam and other hi-tech visitation devices, father went for a period of over three years without seeing his children and the court ordered time through the California system was neither fair, nor appropriate nor in the best interest of the children. The children, themselves, desire to retain a close relationship with father and wish to remain in Pennsylvania. a WHEREFORE, Respondent respectfully requests that the Court deny the motion for relocation and either: a. direct petitioner to remain in Pennsylvania or, in the alternative b. place primary physical custody of the children with Douglas Hamilton. Respectfully submitted, Brett J. Riegel, Esq. / Amori & Riegel, LL 717 Sarah Street Stroudsburg, PA 18360 570-421-1260 Atty. ID 76448 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, Plaintiff vs. Denise Stewart-Maldonado, Defendant NO. 04-5380 IN CUSTODY CERTIFICATION OF SERVICE I, Francine Bresnen, of Amori & Riegel, L.L.C. hereby certify that service of the foregoing document was made upon: Lisa Marie Coyne, Esq. 3901 Market Street Camp Hill, PA 17011 by mailing first class postage prepaid on June G-, 2006 Fran ' re nen A 1 & Riegel, L.L.C. 717 Sarah Street Stroudsburg, PA 18360 tai t" c:,1 LLI C'V U DOUGLAS HAMILTON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5380 CIVIL TERM V. DENISE STEWART-MALDONADO, DEFENDANT IN CUSTODY IN RE: RELOCATION AND CUSTODY ORDER OF COURT AND NOW, this 201h day of June, 2006, after hearing in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Petitioner's Request for Relocation of the Children, Allisha Hamilton, born: July 25, 1989, and Jessica Hamilton, born: July 20, 1992, to California is GRANTED. 2. The parties, Douglas Hamilton and Denise Stewart-Maldonado, shall have shared legal custody of the minor children Allisha Hamilton, DOB: July 25, 1989 and Jessica Hamilton, DOB: July 20, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. 3. Petitioner, Denise Stewart-Maldonado, will have primary physical custody of the children subject to the father's right of partial custody. 4. The children will be permitted to travel with their mother to California to establish their new home. 5. The father shall have the following periods of partial custody: 1. Summer 2006: July 23, 2006 to August 23, 2006. 2. Winter Break: December 23, 2006 to January 4, 2007. 3. Spring Break: April 1, 2007 to April 6, 2007. 4. Summer 2007: June 27, 2007 to seven days prior to the beginning of the 2007-2008 school year. 5. Such other times as the parties may agree upon. 6. Costs of transportation for the minor children shall be divided equally between the parties. 7. Unless the parties can agree upon a future schedule, counsel for the Mother shall provide the Court on or before July 1 of each subsequent year the date school is scheduled to begin, the date of the winter break, the date of the spring break, and the last day of school for that year in order for the Court to set the periods of father's partial custody. 8. This Court will retain jurisdiction of this custody case. By the Court, sa Coyne, Esquire Attorney for Petitioner /4rett J. Riegel, Esquire Attorney for Respondent bas v X1.0 b? r .-CA RI y,L46P ?E p orrice O1 1110 a? A b0l P bKs COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNEYS FOR RESPONDENT DOUGLAS HAMILTON, Petitioner, V. DENISE STEWART-MALDONADO, Respondent. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5380 Civil Term Civil Action -Law In Custody RESPONDENT'S REPLY TO PETITION FOR CONTEMPT AND MODIFICATION AND NOW COMES the Respondent, Denise Stewart-Maldonado, by and through her attorney, Lisa Marie Coyne, and avers the following in support of the within Reply to Petition for Contempt and Modification in this Custody Action: 1. ADMITTED. By way of further answer, the Parties to this action are the natural parents of Allisha Hamilton, born July 25, 1989, (now age 17 years) and Jessica Hamilton, born July 20, 1992, (now age 14). 2. ADMITTED. By way of further answer, Respondent permitted Petitioner additional periods of custody of the two children prior to the relocation hearing and after the hearing until Respondent and children began cross-country travel to California. 3. DENIED. It is denied that Respondent requested any rearranging of children's time with Petitioner. Any changes which occurred concerning summer visitation were unilaterally undertaken by Petitioner. 4. ADMITTED in part, DENIED in part. It is admitted that Respondent advised Petitioner that Respondent was planning a 170' Birthday beach party for Allisha in California and invited Petitioner to attend. It is denied that that Petitioner stated that it was a "remote possibility" that he would attend. • 5. DENIED. It is denied that Petitioner spoke to Respondent advising that Petitioner would not be out to California or that there were any discussions as to, "dates when the girls would be available to visit with father in Pennsylvania". 6. DENIED. It is denied that Petitioner and Respondent spoke, yet alone reached an agreement regarding rescheduling summer 2006 visitation to Pennsylvania as provided in the custody order or that Respondent would arrange for transportation of the children to Pennsylvania. Petitioner apparently never made any roundtrip travel reservations for the children's travel to and from Pennsylvania for summer 2006. 7. DENIED. It is denied that there were any dates established by way of Petitioner's purchasing of airline tickets or making reservations for cross-country travel to and from Pennsylvania for the children. Petitioner never purchased any airline tickets fro the children's travel to Pennsylvania. Petitioner never provided any itinerary or reservations for the children's travel to Pennsylvania. 8. DENIED. Respondent is without information, knowledge or belief as to Petitioner's concerns and therefore same is denied with strict proof of same demanded. By way of further response, Respondent denies that any "hi finks" have occurred as it relates to Respondent; rather, it was Petitioner's own failure to comply with this Court's Order which has resulted in the children not traveling to Pennsylvania as provided for the summer of 2006. Petitioner did nothing to initiate and secure the children with airline tickets for roundtrip travel to and from Pennsylvania for the summer of 2006. 9. DENIED. This is a prayer for relief to which no response is required and same is therefore denied. Furthermore, it is denied that Respondent has not complied with both the terms of the Order of this Court as well as the spirit of this Court's Order. 10. DENIED. It is denied that a clerk can modify an order of this Honorable Court especially when Respondent has been in full compliance with the Order and Petitioner has been advised repeatedly through his own legal counsel that Petitioner is to supply Respondent with travel itinerary, reservations, and roundtrip airline tickets for the children and that Respondent would ensure that the children will travel in accordance thereto. However, Petitioner never provided Respondent with itinerary, reservations, or roundtrip tickets. WHEREFORE, Respondent respectfully requests that this Honorable Court: a. find that Respondent is not in contempt of the current custody order; b. deny the Petition for Contempt; C. deny the Petition for Modification; d. deny all relief requested by Petitioner; e. find that Petitioner's actions and conduct in commencing this Petition for Contempt is vexatious and obdurate and, as such, direct Petitioner to pay all of Respondent's reasonable counsel fees and costs associated with responding to the frivolous contempt petition; f. direct Petitioner to be solely responsible for any travel costs and expenses for the children in their roundtrip travel to and from Pennsylvania on periods of custody exercised by Petitioner; and g. direct such other relief as this Honorable Court deems appropriate. Respectfully submitted: Dated: T ' By: r COYNE, P.C. Lis Marie Coyne, V. 39 1 Market Street amp Hill, PA 17011-4227 (717) 737-0464 Pa. Supreme Ct. No. 53788 Attorney for Respondent 10/02%2006 16:12 TEL VERIFICATION The facts set foith in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified sul*t to the penalties for unworn falsification to authorities under 18 Pa. C.S.A. § 4904. n Dated: Q001 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that true copy of the foregoing Reply to Petition for Contempt and Modification was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Brett J. Riegel, Esq. Amori & Riegel, LLC 717 Sarah Street Stroudsburg, PA 18360 / CV1-- Dated: 3 0 zT 4, isa arie Coyne, Esq. ?-, -;? ;:,-, ---i ? ? ? ?1 ?????. _ '? ? ? C`?7 - (? ?'? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, NO. 04-5380 Plaintiff vs. Denise Stewart-Maldonado, Defendant IN CUSTODY PETITION TO SET PERIODS OF PARTIAL CUSTODY The petition is as follows: 1. This petition relates to the parties' minor child Jessica Hamilton D.O.B. July 20, 1992. 2. On or about June 20, 2006, after hearing, the Honorable M. L. Ebert entered an order regarding re-location and custody. 3. Older child, Allisha, also covered by the order was born July 25, 1989 and is now over the age of 18. 4. Mother was permitted to relocate with the minor children to the State of Californina with certain conditions. 5. At paragraph 7 of the order, the Court directs that if the parents cannot agree on a future schedule, mother shall provide to the court on or before July 1, the school calendar for the affected children. 6. Though mother has neglected to fulfill this court ordered duty, father is attaching the 2007-2008 and 2008-2009 Oceanside Unified School District Calendar to this petition. 7. At this point in time, father has not had a period of partial custody, with Jessica since July of 2007. 8. Father is respectfully requesting an order granting him specific periods of partial custody in accordance with the prior order. WHEREFORE Father respectfully requests that this Honorable Court set a schedule for him pursuant to its order of June 20, 2006. Respectfully submitted, e,,4? oe5el s??kll Brett J. Riegel, Esq. Amori & Riegel, LLC 513 Sarah Street Stroudsburg, PA 18360 Atty. ID #76448 T? -7??037 APR-01-2008 10:53 B/BRAUN KCY iota - Naf-SchwlD*" OCEANSIDE UNIFIED SCHOOL DISTRACT M•. 2007-2008 School Calendar Board adapredon2-27-o7 '""°-""`°'r' T?MNDlsrr4M lf.ulK!! _ School M T W T F Student Teacher Key Oates Explanations Month Days Days July 2 3 '4 5 6 July 4 Independence Day 9 10 11 12 13 16 17 18 19 20 .23 24 25 26 27 30 31 August 1 2 3 Aug. 20 New Teachers Report 6 7 8 9 10 Aug. 21 Returning Teachers Report 13 14 15 16 17 Aug. 22-24 Teacher In4ervice Days 20 &1 22 23 24 51 28 29 30 31 5-5 9-9 August 27 SCHOOL BEGINS September `3 4 5 6 7 Sept. 3 Labor Day 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 19-24 19.28 October 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 31 23.47 23-51 November 1 2 Nov. 12 Veterans Day Observed 5 6 7 8 4 Nov. 19-Nov. 23 Thanksgiving Week '112 13 14 15 16 Nov. 21 Admission Day Observed 12 20 11 122 •23 Nov. 22 Thanksgiving Day 26 27 28 29 30 163 16-67 Nov. 23 Day After Thanksgiving December 3 4 5 6 7 Nov. 30 First Trimester Ends (63 days) 10 11 12 13 14 Dec. 14-21 Parent Conferences IT is 19 20 21 Dec. 24-Jan. 4 Whaler Recass '24 '25 26 27 28 Dec. 24 Christmas Eve Day '31 15-78 15.82 Dec. 25 Christmas Da i January '1 2 3 4 Dec. 31 New Year's Eve Day 7 8 9 10 11 Jan. 1 New Year's Day 14 15 1o 17 18 Jan. 21 King Day Observed '21 22 23 24 a Jan. 24 First Semester Ends (91 days) 28 29 30 31 17.95 18-100 Jan. 25 District In-service Day February 1 Jan. 28 Second Sernester Begins 4 5 6 7 8 Feb. 18-22 Presidenl's Week 11 12 13 14 15 Feb. 18 Lincoln Day Observed '18 19 20 21 '22 Feb. 22 Washington Day Obsw W 25 26 27 . 28 29 16-111 16.116 March 3 4 5 6 7 March 14 Second Trimester Ends (58 days 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 31 21-132 21-137 April 1 2 3 4 April 14-18 Spring Recess 7 8 9 10 11 April 18 Spring Recess Holiday (Classib Only) 14 15 16 17 "18 21 22 23 24 25 28 29 30 17-149 17.154 May 1 2 S 6 7 8 9 12 13 14 15 t8 19 20 21 22 23 May 26 Memorial Day Observed '26 27 28 29 30 21.170 21-175 June 2 3 4 5 6 June 13 Third Trimester Ends (59 days) 9 10 11 12 4!' June 13 Second Semester Ends (89 da s) 16 17 18 10 20 23 24 25 26 27 JUNE 13 SCHOOL ENDS 30 10-ta0 10.185 APR-01-2008 10:54 B/BRAUN KGY sprp-N**,S*odDo# OCEANSIDE UNIFIED SCHOOL DISTRICT 2008-2009 School Calendar 610 997 5514, P.03/06 Board adopted on 3-25,48 School Month M T W T F Student pa Teacher Days Key Dates Explanations July 1 2 3 94 July 4 Independence Day 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 1 28 29 30 31 August 1 4 5 6 7 8 Aug. 18 Now Teachers Report 11 12 13 14 15 Aug. 19 Returning Teachers Report 18 19 2Q 21 22 . Aug. 20.22 Teacher In-9ervk a Days 21 26 27 28 29 5.5 9-8 August 25 SCHOOL BEGINS September •1 2 3 4 5 Sept, 1 Labor Day 8 9 10 11 12 15 16 17 18 19 22 23 24 25 28 20 30 24-29 24.33 October 1 2 3 6 7 8 9 10 13 14 15 1B 17 I 20 21 22 23 24 27 28 29 30 31 20.49 20.53 November 3 4 5 6 7 Nov, 11 Veterans Day Observed 10 "11 12 13 14 Nov, 21 First Trimester Ends (63 days) 17 is 19 20 21 Nov. 24-Nov. 28 Thanksgiving Week 24 25 •26 •27 '28 Nov, 26 Admission Day Observed Nov. 27 & 28 Thanksgiving Day & day after December 1 2 3 4 5 Dec. 12-19 Parent Conferences 8 9 10 11 12 Dec. 22-Jan. 2 Winter Recess 15 16 17 18 19 Dec. 24 Christmas Eve Day 22 23 •24 125 •25 Dec. 25 Christmas Pay 29 30 '31 Dec. 31 New Year's Eve Day January •1 2 15-78 15-82 Jan.1 New Year's Day 5 6 7 8 9 Jan. 19 King Day Observed 12 13 14 15 16 Jan. 21 First Semester Ends (90 days) 1119 20 21 22 23 Jan. 22 Second Semester Begins 28 27 28 29 30 18-96 19.101 Jan. 23 District In-service Day February 2 3 4 5 6 9 10 11 12 13 Feb. 16-20 Presidents Week "16 17 18 19 020 Feb. 16 Washington Day Observed 23 24 25 26 27 15.111 15-116 Feb. 20 Lincoln Day Observed March 2 3 4 5 6 9 10 11 12 13 March 13 Second Trimester Ends (5a days) 16 17 18 19 20 23 24 25 26 27 30 31 25.136 25-141 April 1 2 3 6 7 8 9 10 April 12 Easter Sunday 13 14 1S 16 47 April 13-17 Spring Recess 20 21 22 23 24 April 17 Ciassifled Holiday Only 27 28 29 30 15.151 15-155 may 1 4 5 a 7 8 11 12 13 14 15 18 19 20 21 22 '25 26 27 28 29 19-170 19.175 May 25 Memorial Da Observed June 1 2 3 4 5 June 12 Third Trimester Ends (59 days) 8 9 10 11 7t June 12 Second Semester Ends (90 days) 15 16 17 18 19 JUNE 12 SCHOOL ENDS 22 23 24 25 26 29 30 10-180 10-185 APR-01-2008 .10:54 B/BRAUN DOUGLAS HAMILTON, PLAINTIFF V. DENISE STEWART-MALDONADO, DEFENDANT .610 997 5514 P.04/06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5380 CIVIL TERM IN CUSTODY IN RE: RELOCATION AND CUSTODY ORDER OF COURT AND NOW, this 20th day of June, 2008, after hearing in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that. 1. Petitioner's Request for Relocation of the Children, Allisha Hamilton, bom: July 25, 1989, and Jessica Hamilton, boar: July 20, 1992, to California is GRANTED. 2. The parties, Douglas Hamilton and Denise Stewart-Maldonado, shall have shared legal custody of the minor children Allisha Hamilton, DOS: July 25, 1989 and Jessica Hamilton, DOB: July 20, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, 'all decisions regarding his health, education and religion, Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to ail records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make APR=-01-200e 10:55 B/BRAUN 610 991? 5514° P.05i06 d% the records and information of reasonable use to the other parent. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. 3. Petitioner, Denise Stewart Maldonado, will have primary physical custody of the children subject to the father's right of partial custody. 4. The children wig be permitted to travel with their mother to California to establish their new home. 5. The father shall have the following periods of partial custody: 1. Summer 2006: July 23, 2006 to August 23, 2008. 2. Winter Break: December 23, 2006 to January 4, 2007. 3. Spring Break: April 1, 2007 to April 6, 2007. 4. Summer 2007: June 27, 2007 to seven days prior to the beginning of the 2007-2008 school year. 5. Such other times as the parties may agree upon. 6. Costs of transportation for the minor children shall be divided equally between the parties. 7. Unless the parties can agree upon a future schedule, counsel for the Mother shall provide the Court on or before July 1 of each subsequent year the date school is scheduled to begin, the date of the winter break, the date of the spring break, and the last day of school for that year in order for the Court to set the periods of father's partial custody. APR-01-2008 .10:55 B/BRAUN .610 9?? 5514 P.06/06 i 4ft 8. This Court will retain jurisdiction of this custody case. By the Court, M. L. Ebert, .!S',.2 Coyne, Esquire '.'M Attorney #or Petitioner , 4rett J. Riegel, Esquire Attorney for Respondent bas COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, NO. 04-5380 Plaintiff VS. Denise Stewart-Maldonado, Defendant IN CUSTODY CERTIFICATION OF SERVICE I, Daisy Montenegro of Amori & Riegel, L.L.C. hereby certify that service of the foregoing document was made upon: Lisa Marie Coyne, Esq. 3901 Market Street Camp Hill, PA 17011 by mailing first class postage prepaid on May 9, 2008. ,L , &?4 Daisy Mont egro Legal Assistant Amori & Riegel, L.L.C. 513 Sarah Street Stroudsburg, PA 18360 8 fi't' r = M ? xC? 3J -D _ 'icn DOUGLAS HAMILTON, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5380 CIVIL V. DENISE STEWART-MALDONADO, : DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, this 21" day of May, 2008, upon consideration of the Petition to Set Periods of Partial Custody filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the Plaintiff should not be granted the relief requested; 2. The Defendant will file an answer on or before June 9, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, this Court will determine if argument, hearing or further Order of Court is required. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Brett J. Riegel, Esquire Attorney for Plaintiff Lisa Coyne, Esquire Attorney for Defendant bas co 8- S ,nom t 6L ?k -? ?_a M. L. Ebert, Jr., J. COYNE & COYNE, P.C. Lisa Marie lCoyne, Esq. Pa. Suprem Ct. No. 53788 3901 Mark t Street Camp Hill, A 170114227 (717) 737-0464 ATTORNEYS FOR RESPONDENT DOUGLAS HAMILTON, Petitioner/Plaintiff, V. DENISE STMART-MALDONADO, Respondent/Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA No. 04-5380 Civil Term Civil Action - Law In Custody !EPLY TO RULE TO SHOW CAUSE AND NEW MATTER To The Honorable, Judge M.L. Ebert, Jr.: AND NOW COMES, the Respondent/Defendant, DENISE STEWART- MALDONADO ("Mother") and avers the following in support of her Reply to Rule to Show Cause !nd New Matter: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. ADMITTED. 5. ADMITTED. 6. !DENIED. It is denied that Mother has neglected to fulfill her responsibilities regarding custody. Mother has continuously advised Father as to Jessica's school schedule, report cards, and academic requirements as well as the fact that Jessica, a soph more, is presently failing chemistry and math and has not fulfilled her I II 1 State of California required summer class for all students (grade 9 - 12) entitled physical- education and contemporary living which is a 6 week summer course in order to graduate from high school. Mother understands that if Jessica fails sophomore chemistry and math, Jessica will be required to attend summer school; however, Father has put a "guilt trip" on Jessica so as to insist that child not attend summer school, but instead have visitation with him in Pennsylvania for this summer. Mother has suggested as a compromise' that Father travel to California for liberal visitation so that Jessica could attend summjer school, satisfy her academic requirements, ultimately graduate on time, and also have visitation with Father. Father, however, refuses such a compromise despite the fact that bather is not working and, therefore, has no employment limitations. 7. ADMITTED IN PART AND DENIED IN PART. It is admitted that Father exercised periods of partial custody during the summer of 2007 until Father and Jessica had a dispute and Mother had to arrange for Jessica's emergency return to California with Father's consent and at Mother's expense. It is denied that Mother refused Father any periods of partial custody. Rather, Father did not initiate any travel arrangements for custody or visitation with Jessica despite Father knowing the school schedule for this school year as well as last school year. Furthermore, Father advised Mother that he did not want partial custody of Jessica during Christmas 2007 or Spring Break 2008. 8. DENIED. This is a prayer for relief to which no response is required and same is deeme4 as to relief requested. 2 WHtREFORE, Respondent respectfully requests that the Petition as proposed be denied. NEW MATTER 9. Paragraphs 1 through 8 are incorporated herein by reference. 10. Petitioner Father is currently in arrears for Child Support owed to Mother in the amount of Forty-One Thousand Dollars ($41,000.00) per Support Order of the Court of San Diego County, California Department of Child Support, Case No. DN 131966 and,'' further, Father continues to refuse to provide any health insurance or medical insutance coverage for Jessica despite the existing California Order of Support requiring him to do so. 11. Pending the final grades for the school year ending June 12, 2008, it is believed that the Daughter, Jessica Hamilton, will have failing final grades in both sophomore chemistry and math for the school year and as a result of same, Jessica may be required to attend Summer School in the summer of 2008 at her current school in California in order to be promoted to the next grade. 12. The State of California requires all students (grades 9 - 12) attend a summer course entitled physical-education and contemporary living which is a 6 week summer course in order to graduate from high school. This requirement must be satisfied this summer o? next summer in order for Jessica to graduate from high school. Mother II 3 suggests than Jessica take the mandatory course this summer in case she does not pass the course, she would have another chance next summer to take the course and as a result, graduate on time as a senior. Furthermore, as Mother has advised Father, pending final grades on June 12, 2008, Jessica may be required to take summer school for chemistry and math in order for her to stay on track to advance to the next academic grade, i.e., her junior year iii high school. 13. Mother agrees that Father should have partial physical custody, but only if Father has Jessica Hamilton attend Summer School in 2008 at father's expense. WHEREFORE, the Defendant requests the Petition to Set Periods of Partial Custody be denied to the extent that they interfere with the academic requirements which will allow Jessica to advance to the next academic high school grade per summer school and to attend and successfully complete the physical-education and contemporary living course which is a 6 week summer course required by the State of California in order to graduate fromhigh school. Date: 0v 77 Respectfully, COYNE & COYNE, P.C. By: ?".. LX a arie Coyne, Es V Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Defendant 4 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that a true copy of the foregoing Reply to Rule to Show Cause And New Matter was served this date upon the below- referenced individuals at the below listed address by way of first class mail, postage pre- paid: Brett J. Riegel, Esq. Amori & Riegel, LLC 717 Sarah Street Stroudsburg,'PA 18360 I ze"4- ( Dated: Li arie oyne, Es 5 C= a C° cv rt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, Plaintiff vs. Docket No. 04-5380 Denise Stewart-Maldonado, Defendant IN CUSTODY PLAINTIFF'S ANSWER TO NEW MATTER The answer to new matter is as follows: 9. The original allegations of the petition are incorporated by reference. 10. Denied. While Father may have a small, current balance due, the suggestion that he is $41,000.00 in arrears is absurd considering the fact that California did not have jurisdiction over this case during the time that Pennsylvania had jurisdiction, though California continued to inappropriately charge the order. 11. Denied. It is unknown whether Mother is providing insufficient assistance to Jessica Hamilton so that she will have passing grades for both Sophomore chemistry and math. Should more appropriate supervision be required to assist Jessica in her academics, Father is willing to accept primary custody to improve the child's academic performance. Father is unaware of what California's requirements are for promotion to the next grade. 12. Father is unaware of the State of California's requirements regarding a summer course in physical education and contemporary living. Should such a course and requirement exist, Mother would have been required by the Court's prior order to provide that information to Father and, if necessary, to file it with the court as part of the school's calendar information so that Father would be aware of its impact on his periods of custody. In short, we appear to have returned to precisely the game playing which Father was concerned about avoiding when Mother indicated her desire to return to California with the children. Furthermore, Father incorporates his answer to the preceding paragraph. 13. Denied. Mother desires Father not to have partial custody, as is clearly shown by her answer to the petition and her allegations. Father is, however, entitled to his period of partial custody and, in reality, should probably be the primary custodian. WHEREFORE, Father respectfully requests that the court dismiss Mother's new matter, grant his petition for partial physical custody and schedule a hearing date on a request for primary physical custody of Jessica. Respectfully submitted, VIC - ??e ?? lv( r Brett J. Riegel, Esq e Attorney ID No. 76448 Amori & Riegel, L.L.C. 513 Sarah Street Stroudsburg, PA 18360 Telephone No. (570) 421-1260 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA Douglas Hamilton, Plaintiff vs. Docket No. 04-5380 Denise Stewart-Maldonado, Defendant IN CUSTODY" CERTIFICATE OF SERVICE I, Alesha M. Stecker, of Amori & Riegel, L.L.C. hereby certify the foregoing document was served upon: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 Via first class mail on June 23, 2008. Alesha A Stecker, Legal Assistant Amori & Riegel, L.L.C. 513 Sarah Street Stroudsburg, PA 18360