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Home My WebLink About04-5411JENNIFER L. MODESTO, JASON T. MODESTO, Plaintiff V. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO.Oq - .5t/ 11 CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. The Cumberland.County Lawyer Referral Service 32 South Bedford Street Carlisle, PA .17013 gandra L. Meilton ' Attorney for Plaintiff TUCKER ARENSBERG, P.C. P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 JENNIFER L. MODESTO, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO-04- CIVIL TERM JASON T. MODESTO, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Jennifer L. Modesto, an adult individual who is sui juris and resides at 8 Woodmyre Lane, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Jason T. Modesto, an adult individual who is sui juris and resides at 133 Minersville Street, P.O. Box 165, Seltzer, Schuylkill County, Pennsylvania 17979. The present whereabouts of the Defendant, Jason T. Modesto, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 9. The Plaintiff and Defendant were married on October 21, 2000 in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG, P.C. By: Sandra L. Meil on P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 9909, relating to unsworn falsification to authorities. Dated: 1C` \S(I (?} _.. enn a Modesto, Plaintiff N? O f4. O? 4 1 L .] N C.-] l 1 .J Y': [J n I? ?(Tl JENNIFER L. MODESTO, Plaintiff V. JASON T. MODESTO, Defendant : IN THE COUNT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5411 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF DAUPHIN ) AND NOW, this 4th day of November 2004, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Shaun M. Kovach, who, being duly sworn according to law, deposes and says that she is the secretary for Sandra L. Meilton, who is the attorney for the Plaintiff and that she mailed a Divorce Complaint on October 29, 2004, to Mr. Jason T. Modesto, 133 Minersville Street, P.O. Box 165, Seltzer, Pennsylvania 17974, by Certified Mail No. 7002 2410 0001 2367 3024, return receipt requested, and the same was received by him on November 1, 2004 as indicated by the Return Receipt Card, which is attached hereto. -M,. k'6m&?_'A Shaun M. Kovach SWORN TO AND SUBSCRIBED before me, this 4th day of November 2004. Notary Pu Notarial Seel Pauline Patti Thomas, Notary PUft City Of Harrisburg, Dauphin County My Corrmssion Expires Mar. 24,2W7 Member, Pennsylvania Assodatim Of Notaries o (Domestic M ru O $ Postage ?. rq C3 Certified Fee O o Return Reciept Fee (Endorsement Required) P3stmatl? g?@114 '. i 4 r'I Restricted Delivery Fee (Endorsement Required) / - S V i I f fr rti Total Postage & Fees r f ru O Se or PO Box No. 15.1__ ?r?r :? + _.? Ci Sts P+4 3800, June 20(,2 ?'7 9 See Reverse tor In structions ` ?C'7 ?, ? c r ,? ? - ?. ?; f':: Ci _.. ,._ _ ? - ?C ? ..?; ( ? ? , JENNIFER L. MODESTO, Plaintiff V. JASON T. MODESTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5411 CIVIL TERM IN DIVORCE AND CUSTODY COUNT II: PETITION FOR CUSTODY 1. The Plaintiff is Jennifer L. Modesto, residing at 8 Woodmyre Lane, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Jason T. Modesto, residing at 133 Minersville Street, Seltzer, Pennsylvania 17974. 3. Plaintiff seeks primary physical custody of Natalia Modesto, born August 5, 2003, whose present address is 8 Woodmyre Lane, Enola, PA 17025. The child was not born out of wedlock. The child is presently in the custody of Jennifer L. Modesto. Since birth, the child has resided with the! following persons and at the following addresses: (List All Persons) Plaintiff and Defendant (List All Addresses) 8 Woodmyre Lane Enola, PA 17025 (Dates) From 8/5/03 until June, 2004 Plaintiff 8 Woodmyre Lane From June, 2004 Enola, PA 17025 until July, 2004 Plaintiff and 8 Woodmyre Lane From July, 2004 Defendant Enola, PA 17025 until September, 2004 Plaintiff 8 Woodmyre Lane Enola, PA 17025 From September, 2004 until present The mother of the child is Jennifer L. Modesto, currently residing at 8 Woodmyre Lane, Enola, Pennsylvania 17025. She is married. The father of the child is Jason T. Modesto, currently residing at 133 Minersville Street, Seltzer, Pennsylvania 17974. He is married. 4. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the subject child. 5. The relationship of Defendant to the child is that of father. The Defendant currently resides with his parents, Karen and Salvator Modesto. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The parties had been working toward setting up a schedule but have been unable to agree on terms. (b) Plaintiff can provide a stable and nurturing environment for the child. (c) Plaintiff will take the steps necessary to assure that the Defendant and the child have a schedule of contact. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant shared legal custody of the child in the parties, primary physical custody in the Plaintiff and a schedule of contact between the child and Defendant. Sandra L. Meilton, Esquire TUCKER ARENSBIERG, P.C. 111 North Front Street, P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF 76309.1 VERIFICATION I, the undersigned, Jennifer L. Modesto, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: ,3 ?? CERTIFICATE OF SERVICE AND NOW, this O day of 2005, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: James C. Bohorad, Esquire P.O. Box 200 Pottsville, PA 17901 a"M. Rine (J o r? ??, V (: i ?_: ? 1 1 ? [? ?I ?l C) \? } f+r JENNIFER L. MODESTO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-5411 CIVIL ACTION LAW JASON T. MODESTO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, March 1_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 I70I I on Friday, April 22, 2005 _ at 11:00 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. 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, Bv: !s! Melissa P._GreevyzEsq.;? 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 -5?2 ??. 529 C.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r Sto Plaintiff Vs hAcjt Defendant File No.1:? IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of k-- , and gives this written notice avowing his / her intention pur Date: S S the provisjons?Qf 591P.S. 704. Signature Si a 'e o name eing resumed COMMONWEALTH OF PENNSYLVANIA'- COUNTY OFi lam?oerlnnd ) On the 5 day of , 200.5, before me, the Prothonotary or the notary public, personally appealed the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official sea]. /1 NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC 1RLISLE CUMS;hLAND COUNTY COURT HOUSE MY COM]hiSS'(1V EX' IRES JANUARY 2, 2006 4? V L 'a 1 i ?.. 14. V {k ? JENNIFER L. MODESTO, Plaintiff V. JASON T. MODESTO, Defendant RECEIVED MAY 2 7 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5411 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 3'tA day of 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Jennifer L. Modesto and Jason T. Modesto, shall have shared legal custody of the minor child, Natalia Modesto, born August 5, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and 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. Commencing May 20, 2005, on alternating weekends from Friday at 6:00 p.m. until Monday at 6:00 p.m., Father shall have custody of the minor child. In the event that Mother has to work on a Friday of Father's custodial weekend, Mother will notify Father so that he can make arrangements for the Paternal Grandfather to provide transportation and arrange to pickup the child at 1:00 p.m. that day. During the times that Father does not have custody, Mother shall have custody. 3. Vacation. Each parent shall be entitled to seven (7) uninterrupted days of custody for purposes of vacation which days will include their ordinary custodial weekend. The parties shall provide each other with at least a thirty (30) day 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 period. Additionally, the vacationing parent shall provide to the other parent a telephone number and location where they can be reached during the vacation. NO. 04-5411 CIVIL TERM 4. Transportation. The parties will share the responsibility of transportation incident to custodial exchanges by meeting at the agreed upon location in Lebanon, PA. 5. The Custody Conciliation Conference shall reconvene on July 22, 2005 at 9:00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. If the parties and counsel agree that the Conference is not necessary, the Conciliator shall be notified via fax no later than July 8, 2005. BY THE J. Dist: Sandra L. Meilton, Esquire, Richard Wagner, Esquire, 2233 Box 889, Harrisburg, PA 17108 N. Front Street, Harrisburg, PA 17110 - i L` 0 ?? L0:`i'!J f ",`)HSUZ E'Hi K :' I J JENNIFER L. MODESTO, Plaintiff RECEIVED MAY 2 71005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5411 CIVIL TERM V. JASON T. MODESTO, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Natalia Modesto August 5, 2003 Mother 2. Mother filed Petition for Custody on March 9, 2005. A Custody Conciliation Conference was held on May 20, 2005 with the following individuals in attendance: the Mother, Jennifer L. Modesto, and her counsel, Sandra L. Meilton, Esquire; the Father, Jason T. Modesto, and his counsel, P. Richard Wagner, Esquire. The parties reached an agreement for a Temporary Order in the form as 3. attached. JENNIFER L. MODESTO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. JASON T. MODESTO, NO: 04-5411 CIVIL ACTION - LAW IN DIVORCE Defendant. PETMON FOR ALIMONY PENDENTE LITE AND NOW, comes the Petitioner/Defendant, Jason T. Modesto, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Petition for Alimony Pendente Lite: 1. The Petitioner, Jason T. Modesto is an adult individual and the Defendant in the above-captioned divorce action. 2. The Respondent, Jennifer L. Modesto is an adult individual and the Plaintiff in the above-captioned divorce action. 3. Petitioner/Defendant is without means to adequately support himself during the pendency of the litigation. 4. Respondent/Plaintiff has adequate means to provide support in the form of alimony pendente lite unto the Petitioner/Defendant. WHEREFORE, Petitioner/Defendant requests the Court to grant alimony pendente lite. Respectfully submitted, Mancke, Wagner & Spreha Y P. Rich gner, Esquire . 23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Defendant Date:_ 1,1qG/l ' -2- n ?' o N J Ca C._• ._)111 7 CC) RECEIVED AUu 01 2005 V JENNIFER L. MODESTO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-5411 CIVIL TERM V. JASON T. MODESTO, CIVIL ACTION - LAW IN CUSTODY Defendant GUIDO, J. --- ORDER OF COURT AND NOW, this day of August, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Jennifer L. Modesto and Jason T. Modesto, shall have shared legal custody of the minor child, Natalia Modesto, born August 5, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and 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. Commencing July 29, 2005, on alternating weekends from Friday at 1:00 p.m. until Monday at 6:00 p.m., Father shall have custody of the minor child. In addition, Father shall have a "brief' weekend from Friday at 1:00 p.m. until Saturday at 6:00 p.m. to be scheduled by mutual agreement of the parties and not in conflict with Mother's weekend off work. At the times that Father does not have custody, Mother shall have custody. The parties shall be able to trade weekends as needed to accomplish the intent of this Order. 3. Vacation. Each parent shall be entitled to seven (7) uninterrupted days of custody for purposes of vacation which days will include their ordinary custodial weekend. The parties shall provide each other with at least a thirty (30) day 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 period. Additionally, the vacationing parent shall provide to the other parent a telephone number and location where they can be reached during the vacation. Father shall have custody for purposes of vacation September 8, 2005 through September 13, 2005. NO. 04-5411 CIVIL TERM 4. Transportation. The parties will share the responsibility of transportation incident to custodial exchanges by meeting at the agreed upon location in Lebanon, PA. On Father's "brief" weekends, Father shall provide transportation to the Friday custodial exchange and Mother shall provide all transportation incident to the custodial exchange on Saturday. Dist: tp dra L. Meilton, Esquire, PO Box 889, Harrisburg, PA 17108 Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110 ?. Qa lT a nr 17-1 `7 Ate:.: : IL SJ JENNIFER L. MODESTO, Plaintiff V. JASON T. MODESTO, Defendant NO. 04-5411 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Natalia Modesto August 5, 2003 Mother 2. The parties returned for their second Custody Conciliation Conference on July 22, 2005 with the following individuals in attendance: the Mother, Jennifer L. Modesto, and her counsel, Sandra L. Meilton, Esquire; the Father, Jason T. Modesto, and his counsel, P. Richard Wagner, Esquire. 3. The parties rea hed an agreement in IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA of ?n Order as attached. Melissa Peel Greevy, Custody Conciliator :255531 JENNIFER L. MODESTO, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. JASON T. MODESTO, NO. 04-5411 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 27, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: V -30`00 d :?.: .,? ?` .?, ??: ? ??; .a? ?' JENNIFER L. MODESTO, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JASON T. MODESTO, : CIVIL ACTION - LAW NO. 04-5411 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: S` C? - (5r) 75032.1 ?? ? ?? ?? r ?' ? JENNIFER L. MODESTO, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. :NO. 04-5411 CIVIL TERM JASON T. MODESTO, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 27, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 1 verify that the statements made ,in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dates 10/10/06 esto wik C:' =T_i JENNIFER L. MODESTO, Plaintiff V. JASON T. MODESTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 04-5411 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 10/10/06 enniNtfr L.) i sto WA n? -TI Cz) Yi w JENNIFER L. MODESTO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION JASON T. MODESTO, _ : NO. 04-5411 CIVILTERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) (Strike out inapplicable section).. 2. Date and manner of service of the complaint: certified mail, November 1, 2004 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff 10/10/06 by defendant 8 / 3 0 / 0 6 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None- 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiverof Notice in §3301 (c) Divorce was filed with the Prothonotary: Mailed to Prothonotary on 10/14/06 for filing. Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 9/20/06 ' ,?itiGcx?C? Attorney for laintiff /?tt??4? r- ; t"? C? "c:::a _ -srt ?,, - ??;= , _::. ,_ ' y ?w ,- ? . -`;;a }. . ?,? v:`? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY %rA STATE OF PENNA. JENNIFER L. MODESTO NO. 04-5411 CIVIL TERM VERSUS JASON T. MODESTO DECREE IN DIVORCE 1 c,.A-- I )- - 7- AND NOW, ne?Gp^ ;? , y - , IT IS ORDERED AND DECREED THAT AND JENNIFER L. MODESTO JASON T. MODESTO ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; PROTHONOTARY V-4&/ Sandra L. Meilton, Esquire Daley Zucker Meilton Minor & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton(&dzmmglaw.com JENNIFER L. MODESTO n/k/a JENNIFER L. COOK5 Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5411 Civil Term CIVIL ACTION - LAW JASON T. MODESTO, Defendant IN CUSTODY PETITION FOR MODIFICATION AND NOW, comes Plaintiff, Jennifer L. Cook, formerly known as Jennifer L. Modesto, by and through her attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and files the within Petition for Modification: 1. Plaintiff and Defendant are the parents of one minor daughter, Natalia Modesto, born August 5, 2003. 2. This Honorable Court entered an Order of Court dated August 3, 2005 (copy attached hereto as Exhibit "A") regarding custody of Natalia. 3. When the original Complaint was filed, Defendant was residing in Pottsville, Schuylkill County, Pennsylvania and employed in said area. J e 4. Plaintiff believes that Defendant is now living and working in the Harrisburg, Pennsylvania area. 5. There have been other changes since the above Order was entered and Plaintiff respectfully requests that a custody conciliation conference be scheduled to address the outstanding issues. WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody conciliation conference in the above matter. Sandra L. Meilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 ATTORNEYS FOR PLAINTIFF VERIFICATION I, the undersigned, Jennifer L. Cook, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated:-4 (? U RECEIVED AUG 01 2005 r JENNIFER L. MODESTO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-5411 CIVIL TERM V. : CIVIL ACTION-- LAW JASON T. MODESTO, IN CUSTODY Defendant GUIDO, J. --- ORDER OF COURT A day of August, 2005, upon consideration of the attached AND NOW, this Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Jennifer L. Modesto and Jason T. Modesto, shall have shared legal custody of the minor child, Natalia Modesto, born August 5, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and 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. Commencing July 29, 2005, on alternating weekends from Friday at 1:00 p.m. until. Monday at 6:00 p.m., Father shall have custody of the minor child. In addition, Father shall have a "brief' weekend from Friday at 1:00 p.m. until Saturday at 6:00 p.m. to be scheduled by mutual agreement of the parties and not in conflict with Mother's weekend off work. At the times that Father does not have custody, Mother shall have custody. The parties shall be able to trade weekends as needed to accomplish the intent of this Order. 3. Vacation. Each parent shall be entitled to seven (7) uninterrupted days of custody for purposes of vacation which days will include their ordinary custodial weekend. The parties shall provide each other with at least a thirty (30) day 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 period. Additionally, the vacationing parent shall provide to the other parent a telephone number and location where they can be reached during the vacation. Father shall have custody for purposes of vacation September 8, 2005 through September 13, 2005. V Exhibit "A' NO. 04-5411 CIVIL TERM 4. Transportation. The parties will share the responsibility of transportation incident to custodial exchanges by meeting at the agreed upon location in Lebanon, PA. On Father's "brief" weekends, Father shall provide transportation to the Friday custodial exchange and Mother shall provide all transportation incident to the custodial exchange on Saturday. BY THE Edward E. Guido, J. Dist: Sandra L. Meilton, Esquire, PO Box 889, Harrisburg, PA 17108 P. Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110 TRUE COPY FROM In Te timony where 'f, I here and a sea of said COJr Th ................ rd 7 ?f RECORD I nto set my hand rlisle, Pa. _ JENNIFER L. MODESTO, Plaintiff V. JASON T. MODESTO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5411 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Natalia Modesto DATE OF BIRTH August 5, 2003 CURRENTLY IN THE CUSTODY OF Mother 2. The parties returned for their second Custody Conciliation Conference on July 22, 2005 with the following individuals in attendance: the Mother, Jennifer L. Modesto, and her counsel, Sandra L. Meiilton, Esquire; the Father, Jason T. Modesto, and his counsel, P. Richard Wagner, Esquire. 3. The parties reached an agreement in form of n Order as attached. Da Melissa Peel Greevy, Es ire Custody Conciliator :255531 CERTIFICATE OF SERVICE l AND NOW, this day of 2007, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Daley Zucker Meilton Miner and Gingrich, LLC, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Gloria M. Rine ?d JENNIFER L. MODESTO N/K/A JENNIFER IN THE COURT OF COMMON PLEAS OF L. COOK PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON T. MODESTO DEFENDANT 04-5411 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 01, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 05, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ac ueline M. Verne Es q. I VA 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 47 . ! t htJ 'i ti r{ :. :CHI Jo r' Sandra L. Meilton, Esquire Daley Zucker Meilton Minor & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeiltonRdzmmglaw.com JENNIFER L. MODESTO n/k/a JENNIFER L. COOK, Plaintiff V. JASON T. MODESTO, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-5411 Civil Term CIVIL ACTION - LAW : IN CUSTODY PRAECIPE Plaintiff herewith withdraws the Petition for Modification filed in the above matter on or about April 30, 2007 and cancels the custody conciliation conference set before Jacqueline Verney for July 24, 2007. S'Yndra L. Meilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive; Harrisburg, PA 171,09 (717) 657-4795 ATTORNEYS FOR: PLAINTIFF 4 w' CERTIFICATE OF SERVICE T AND NOW, this day of July, 2007, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Daley Zucker Meilton Miner and Gingrich, LLC, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 (via mail and fax to 234-7080) Jacqueline M. Verney, Custody Conciliator 44 S. Hanover Street Carlisle, PA 17013 (via mail and fax to 243-3518) 4- -'?' ( Gloria M. Rine G^ JENNIFER L. MODESTO, : IN THE COURT OF COMMON PLEAS OF N/K/A JENNIFER L. COOK9 : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2004-5411 CIVIL ACTION - LAW JASON T. MODESTO, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 20th day of July, 2007, the Conciliator being advised that the Plaintiff withdrew the Petition for Modification, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, )!esqine M. Verney, Esquire, Custody onciliator ? r _, ?.1 ;ter ice; . z' JENNIFER L. MODESTO n/k/a JENNIFER L. COOK, Plaintiff V. JASON T. MODESTO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5411 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER The Petition of Jason T. Modesto respectfully represents: 1. Petitioner is the Defendant in the above-captioned matter and is the Father of Natalia Modesto, Natalia Modesto, born August 5, 2003. 2. Plaintiff is the Mother of Natalia Modesto. 3. The Honorable Edward E. Guido entered an Order of Court dated August 3, 2005, regarding custody of Natalia. (see attached Exhibit "A"). 4. Defendant now lives and works local and is available for additional custodial periods with the Natalia. 5. Defendant believes that he is available at times when Plaintiff is not available, and would like the opportunity to have custody during those times. WHEREFORE, Petitioner requests this Honorable Court to schedule a cusody conciliation conference in the above matter. Respectfully submitted, Date: 4 -14-2001 Marlin L-'Gff ey, Esquire Foreman, Foreman, & Caraciolo, P.C. 112 Market Street, 6t' Floor Harrisburg, Pennsylvania 17101 ID# 84745 Tel. (717) 236-9391 JENNIFER L. MODESTO n/k/a : IN THE COURT OF COMMON PLEAS OF JENNIFER L. COOK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 04-5411 CIVIL TERM V. CIVIL ACTION -LAW JASON T. MODESTO, Defendant : IN CUSTODY VERIFICATION I verify that the statements made in this PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: Jason A, Modesto EXHIBIT "A" RECEIVED AUG 012005 `J JENNIFER.. L. MODESTO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-5411 CIVIL TERM V. CIVIL ACTION- LAW JASON T. MODESTO, ; IN CUSTODY Defendant GUIDO, J. -- ORDER OF COURT AND NOW, this *4 day of August, 2005, upon consideration of the attached Custody- Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Jennifer L. Modesto and Jason T. Modesto, shall have shared legal custody of the minor child, Natalia Modesto, born August 5, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and 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. Commencing July 29, 2005, on alternating weekends from Friday at 1:00 p.m. until. Monday at 6:00 p.m., Father shall have custody of the minor child. In addition, Father shall have a "brief' weekend from Friday at 1:00 p.m. until Saturday at 6:00 p.m. to be scheduled by mutual agreement of the parties and not in conflict with Mother's weekend off work. At the times that Father does not have custody, Mother shall have custody. The parties shall be able to trade weekends as needed to accomplish the intent of this Order. 3. Vacation. Each parent shall be entitled to seven (7) uninterrupted days of custody for. purposes of vacation which days will include their ordinary custodial weekend. The parties shall provide each other with at least a thirty (30) day 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 period. Additionally, the vacationing parent shall provide to the other parent a telephone number and location where they can be reached during the vacation. Father shall have custody for purposes of vacation September 8, 2005 through September 13, 2005. Exhibit "A I NO. 04-5411 CIVIL TERM 4. Transportation. The parties will share the responsibility of transportation incident to custodial exchanges by meeting at the agreed upon location in Lebanon, PA. On Father's "brief" weekends, Father shall provide transportation to the Friday custodial exchange and Mother shall provide all transportation incident to the custodial exchange on Saturday. BY TH Edward E. Guido, J. Dist. Sandra L. Meilton, Esquire, PO Box 889, Harrisburg, PA 17108 . P. Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110 TRUE COPY FROM RECORD In Te timony inhere f, I here nto set my,hand and a sea of said Cour arlisle, Pa. Tn v Prot otary f JENNIFER L. MODESTO, IN TH.E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-5411 CIVIL TERM V. CIVIL ACTION - LAW JASON T. MODESTO, 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 Natalia Modesto August 5, 2003 Mother 2. The parties returned for their second Custody Conciliation Conference on July 22, 2005 with the following individuals in attendance: the Mother, Jennifer L. Modesto, and her counsel, Sandra L. Meilton, Esquire; the Father, Jason T. Modesto, and his counsel, P. Richard Wagner, Esquire. 3. The parties reached an agreement inform of n Order as attached. Da Melissa Peel Greevy, Custody Conciliator :255531 b JENNIFER L. MODESTO n/k/a JENNIFER L. COOK, Plaintiff V. JASON T. MODESTO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5411 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing a copy of the same by first class mail, postage prepaid, to the person named as follows: Sandra L. Meilton, Esquire Daley Zucker Meilton Minor & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 Respectfully submitted, Date: 4 - / 42d ` 'rj Marlin L.-Mar ey, Esquire Foreman, Fore an, & Caraciolo, P.C. 112 Market Street, 6 h Floor Harrisburg, Pennsylvania 17101 ID# 84745 Tel. (717) 236-9391 OF THc' ?. rd,Y 2004 APR 17 FM 1: Z 1 *'10. 00 Po A-nY Ck.* t 538 tr* aanq/ JENNIFER L. MODESTO N/K/A JENNIFER IN THE COURT OF COMMON PLEAS OF L. COOK PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON T. MODESTO DEFENDANT 2004-5411 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 21, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 21, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ALEI D--(tr ; .. CAF THE (,') 11 -,':CRY 2003 APR 21 Ni 12: 1 GUaf.? - ? s?° MAY 2 2 2009 JENNIFER L. MODESTO N/K/A : IN THE COURT OF COMMON PLEAS OF JENNIFER L. COOK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2004-5411 CIVIL ACTION - LAW JASON T. MODESTO, Defendant : IN CUSTODY ORDER OF COURT a?ate AND NOW, this day of 0&7 ) , 2009, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The prior Order of Court dated December 29, 2006 is hereby vacated. 2. The Mother, Jennifer L. Cook and the Father, Jason T. Modesto, shall have shared legal custody of Natalia Modesto, born August 5, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody of the child: A. During the school year, beginning Saturday, May 22, 2009 alternating weekends, from Saturday at 11:00 a.m. to Monday morning when Father shall be responsible for getting the child to school on time. B. During the summer, alternating weekends from Saturday at 11:00 a.m. to Monday at 6:00 p.m. unless Father is working on Monday (this includes working from home) in which case Father will get the child to her regular day care in the morning. C. Such other times as the parties agree. 5. In the event that either party is working or in need of a babysitter for than three hours on a weekend, they shall contact the non-custodial parent and offer said time to the non-custodial parent. 6. The parents shall abide by the doctor's recommendations concerning the child's allergies. 7. Father shall have seven (7) uninterrupted days of physical custody of the child during the summer, Saturday to Saturday to coincide with his regular weekend, provided he give Mother 30 days prior notice. 8. Holidays: A. Mother shall always have physical custody of the child on Christmas Eve. In odd numbered years, Father shall have physical custody of the child from Christmas Eve at 9:00 p.m. to Christmas Day at 4:00 p.m. Mother shall have physical custody of the child in odd numbered years on Christmas Eve until 9:00 p.m. and from Christmas Day at 4:00 p.m. to December 26 at 4:00 p.m. In even numbered years Father shall have physical custody of the child from 4:00 p.m. on Christmas Day to 4:00 p.m. on December 26. In even numbered years, Mother shall have physical custody of the child from Christmas Eve to Christmas Day at 4:00 p.m. B. New Year's Day shall be alternated with Father having even numbered years and Mother having odd numbered years. C. Easter shall be alternated with Mother having physical custody in even numbered years and Father having physical custody in odd numbered years. D. Thanksgiving. Mother shall always have physical custody of the child until 3:00 p.m. and Father shall have physical custody from 3:00 p.m. to have supper. E. Parents' Birthdays. Each parent shall have four hours of physical custody of the child on that parent's respective birthday. F. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 7:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 7:00 p.m. G. The parties shall alternate Memorial Day, July 4"' and Labor Day with Father having physical custody of the child on Memorial Day, 2009 and alternating thereafter. 9. The parties shall have reasonable telephone contact with the child to be exercised around the child's bedtime. 10. Transportation shall be as agreed by the parties. 11. This Order shall be effective so long as the parties continue to live locally. 12. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY T)IE COURT, Edward E. Guido, J. cc?)Karlin L. Markley, Esquire, Counsel for Father Jsmdsay Gingrich Maclay, Esquire, Counsel for Mother 4 V rte ! 1 .Z ! LZ ?kIt!14 6002 AU'vi.Jl 4 "--j Iii ?.1 JENNIFER L. MODESTO N/K/A : IN THE COURT OF COMMON PLEAS OF JENNIFER L. COOK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2004-5411 CIVIL ACTION - LAW JASON T. MODESTO, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Natalia Modesto August 5. 2003 Mother 2. A Conciliation Conference was held in this matter on May 21, 2009, with the following in attendance: The Father, Jason T. Modesto, with his counsel, Marlin L. Markley, Esquire, and the Mother, Jennifer L. Cook, with her counsel, Lindsay Gingrich Maclay, Esquire. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated August 3, 2005 providing for shared legal custody with Mother having primary physical custody and Father having alternating weekends. 4. The parties agreed to an Order in the form as attached. s-a1-off - k - ?4o?? , Date ac line M. Verney, Esquire Custody Conciliator Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Imaclay(a,dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. MODESTO K/N/A JENNIFER L. COOK, Docket No. 2004-5411 Plaintiff CIVIL ACTION LAW V. JASON T. MODESTO, IN CUSTODY Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Petition for Special Relief and Notice are served, be entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 (717) 249-3166 NOTICIA Le han demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archiver en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas u puede entrar una orden contra usted sin previo aviso o notificacion y por cualguir queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO WMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGAUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DALEY ZUCKER WILTON MINER & GINGRICH, LLC By: 4t say Gi h clay, Esq ' e Atorn ey I. No. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff/Petitioner Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 hnaclay@dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. MODESTO K/N/A JENNIFER L. COOK, Docket No. 2004-5411 Plaintiff CIVIL ACTION LAW V. JASON T. MODESTO, IN CUSTODY Defendant PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY/PERMISSION TO RELOCATE AND NOW, comes Plaintiff, Jennifer L. Modesto, k/n/a Jennifer L. Cook, by and through her counsel, Daley Zucker Meilton Miner & Gingrich, LLC, who hereby files the instant Petition for Modification of Custody/Permission to Relocate and in support thereof states as follows: 1. Plaintiff, Jennifer L. Modesto, k/n/a/ Jennifer L. Cook, is the natural mother of Natalia Modesto, whose date of birth is August 5, 2003. Plaintiff and Natalia currently reside at 434 Orrs Bridge Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Jason T. Modesto, is the natural father of Natalia. Defendant resides at 1738 North 3rd Street, Apt. B, Harrisburg, Dauphin County, Pennsylvania 17102. 3. Plaintiff has had primary physical custody of Natalia since birth. Defendant has periods of partial custody as prescribed in the May 27, 2009 Order of Court issued pursuant to the parties' agreement at Conciliation by the Honorable Edward E. Guido. A copy of the May 27, 2009 Order is attached hereto as Exhibit "A" and is incorporated herein by reference 4. Plaintiff has been Natalia's primary caregiver since birth. 5. Plaintiff is seeking to relocate to South Carolina with Natalia to live with her fiance, with whom she is expecting a child on January 26, 2010, as well as to explore expanded job opportunities within her company. 6. Plaintiff has, for the two years, been exploring ways to better herself and her position at work, and has been advised that in order to advance within her company, she will have to relocate. Plaintiff's advancement within her company will benefit both Plaintiff and Natalia financially. 7. Plaintiff is engaged to be married at a civil service on July 6, 2009 and a ceremony with friends and family on November 7, 2009 in South Carolina, to John Russell Nicrone, with whom Natalia is very close. Plaintiff's fiance lives in South Carolina where he operates and manages a family business called Careful Cut Lawn Services during the mowing season. Once the mowing season is over, Mr. Nicrone will co-manage Select Results Enterprises, with his father. Mr. Nicrone, Plaintiff, Natalia, and her new baby brother or sister, have the support of fiance's family, including his parents and brother. 8. Plaintiff, her fiance, Natalia, and the new baby have a single family house to live in minutes from fiance's extended family in West Florence, South Carolina. This house is situated so that if permitted to move, Natalia would attend Carver Elementary School. 9. Plaintiff has been exploring schools for Natalia and the unborn child in South Carolina and Plaintiff is also contemplating enrolling Natalia in private school, which she will be able to do if she receives a promotion within her company and has a secondary source of income within the household by virtue of her marriage. 10. Natalia suffers from severe allergies and eczema which is exacerbated, in part, by the pollens in the air in Pennsylvania. Natalia is under the constant care and supervision of an allergist who has indicated that a move to South Carolina would be beneficial for Natalia due to a decrease in air allergens. 11. Plaintiff is willing to offer Defendant periods of partial custody over Natalia's school breaks, specifically including longer periods of time over the summer vacation. 12. Plaintiff would like to be permitted to move with Natalia before the start of the 2009-2010 school year in late August. 13. The child's best interest and permanent welfare will best be served by granting permission to relocate because: a) Plaintiff has exercised primary physical custody of Natalia since birth; and b) Plaintiff has been Natalia's primary caregiver since birth; and c) Plaintiff has evidenced a willingness and ability to follow Court Orders and Agreements entered in Natalia's best interests; and d) Plaintiff has taken an active interest in and has actively participated in the Natalia's life and activities; and e) Plaintiff has a regular schedule and routine for Natalia to which Natalia has adjusted well; and f) Plaintiff adequately supervises Natalia while she is with her; and g) Plaintiff continues to provide Natalia with a home with more than adequate moral, emotional and physical surroundings as required to meet her needs; and h) Plaintiff's primary concern is for Natalia's safety, health and well- being; and i) Plaintiff continues to exercise parental duties and responsibilities and continues to enjoy the Natalia's love and affection; and j) Plaintiff has been supportive of Defendant's relationship with Natalia; and k) Plaintiff has acted responsibly with regard to Natalia and has always had Natalia's best interests in mind; and 1) Despite not always agreeing with Defendant's behaviors and actions, Plaintiff has supported Natalia's relationship with Defendant and Plaintiff will continue to support the relationship between Defendant and Natalia; and m) Natalia is well-bonded to Plaintiff; and n) Natalia will be able to be able to live with and connect with her new baby brother or sister; and o) It is anticipated that there will be better control over Natalia's allergies and eczema if she moves to South Carolina; and p) It is anticipated that Plaintiff will receive a promotion within her company within a short time of relocating; and q) Natalia will have the benefit of extended time with Defendant. WHEREFORE, Plaintiff, Jennifer L. Cook, respectfully requests that this Honorable Court grant her Petition for Modification of Custody/Permission to Relocate, that an Order be entered permitting Plaintiff to relocate with Natalia to South Carolina prior to the start of the 2009-2010 school year, and that the Order set forth alternative periods of custody for Defendant over Natalia's breaks from school. Respectfully submitted, Date: DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: 4rnsay Gi c a ay, Esquir ey I. . 7954 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff VERIFICATION I, Jennifer L. Cook, Plaintiff, verify that the statements made in this Petition for Modification of Custody/Permission to Relocate are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: 19 Q ?- Z?A nm k, Plaintiff' MAY 2 2 9a 3 JENNIFER L. MODESTO NIWA : IN THE COURT OF COMMON PLEAS OF JENNIFER L. COOK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2004-5411 CIVIL ACTION - LAW JASON T. MODESTO, Defendant : IN CUSTODY ORDER OF COURT AND NOW5 this day of 2009, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The prior Order of Court dated December 29, 2006 is hereby vacated. 2. The Mother, Jennifer L. Cook and the Father, Jason T. Modesto, shall have shared legal custody of Natalia Modesto, bom August 5, 2003. Each parent shall have an equal-right to be exercised jointly with the other-parent,-to-make all major_non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 P&C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody of the child: A. During the school year, beginning Saturday, May 22, 2009 alternating weekends, from Saturday at 11:00 a.m. to Monday morning when Father shall be responsible for getting the child to school on time. B. During the summer, alternating weekends from Saturday at 11:00 a.m. to Monday at 6:00 p.m. unless Father is working on Monday (this includes working from home) in which case Father will get the child to her regular day care in the morning. C. Such other times as the parties agree. 5. In the event that either party is working or in need of a babysitter for than three hours on a weekend, they shall contact the non-custodial parent and offer said time to the non-custodial parent. 6. The parents shall abide by the doctor's recommendations concerning the child's allergies. 7. Father shall have seven (7) uninterrupted days of physical custody of the child during the summer, Saturday to Saturday to coincide with his regular weekend, provided he give Mother 30 days prior notice. 8. Holidays: A. Mother shall always have physical custody of the child on Christmas Eve. In odd numbered years, Father shall have physical custody of the child from Christmas Eve at 9:00 p.m. to Christmas Day at 4:00 p.m. Mother shall have physical custody of the child in odd numbered years on Christmas Eve until 9:00 p.m. and from Christmas Day at 4:00 p.m. to December 26 at 4:00 p.m. In even numbered years Father shall have physical custody of the child from 4:00 p.m. on Christmas Day to 4:00 p.m. on December 26. In even numbered years, Mother shall have physical custody of the child from Christmas Eve to Christmas Day at 4:00 p.m. B. New Year's Day shall be alternated with Father having even numbered years and Mother having odd numbered years. C. Easter shall be alternated with Mother having physical custody in even numbered years and Father having physical custody in odd numbered years. D. Thanksgiving. Mother shall always have physical custody of the child until 3:00 p.m. and Father shall have physical custody from 3:00 p.m. to have supper. E. Parents' Birthdays. Each parent shall have four hours of physical custody of the child on that parent's respective birthday. F. Mother shall have physical custody of the child on Mother's Day from 9:00 am. to 7:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 7:00 p.m. G. The parties shall alternate Memorial Day, July 4 h and Labor Day with Father having physical custody of the child on Memorial Day, 2009 and alternating thereafter. 9. The parties shall have reasonable telephone contact with the child to be exercised around the child's bedtime. 10. Transportation shall be as agreed by the parties. 11. This Order shall be effective so long as the parties continue to live locally. 12. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Marlin L. Markley, Esquire, Counsel for Father Lindsay Gingrich Maclay, Esquire, Counsel for Mother TRUE COP` FROM REOOFt T V.torriny Wired. t tom unto `0 my .ft -I - q 1#0 g Edward E. Guido, J. JENNIFER L. MODESTO N/K/A : IN THE COURT OF COMMON TLEAS OF JENNIFER L. COOK, : CUMBERLAND COUNTY,1`6k§YLVANIA Plaintiff V. : NO. 2004-5411 CIVIL ACTION - LAW JASON T. MODESTO, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Natalia Modesto August 5. 2003 Mother 2. A Conciliation Conference was held in this matter on May 21, 2009, with the following in attendance: The Father, Jason T. Modesto, with his counsel, Marlin L. Markley, Esquire, and the Mother, Jennifer L. Cook, with her counsel, Lindsay Gingrich Maclay, Esquire. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated August 3, 2005 providing for shared legal custody with Mother having primary physical custody and Father having alternating weekends. 4. The parties agreed to an Order in the form as attached. Date ac line M. Verney, Esquire Custody Conciliator CERTIFICATE OF SERVICE AND NOW, this " day of Jk) h e , 2009, I, Amanda M. Shull, Paralegal to Lindsay Gingrich Maclay, Esquire, hereby certify that I have this day served a copy of Plaintiffs Petition for Modification of Custody/Permission to Relocate, by mailing same by first class mail, postage prepaid, addressed as follows: Marlin L. Markley, Esquire FOREMAN, FOREMAN, & CARACIOLO, P.C. 112 Market Street, 60' Floor Harrisburg, PA 17101 Attorney for Defendant DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 r?t?fL 770 , 00 pd- A 9 M:V 3Y4 r BY: STEVEN D. COSTELLO BY: MARALEEN D. SHIELDS I.D. # 37288/91080 POST & SCHELL, P.C. 1245 S. CEDAR CREST BOULEVARD SUITE 300 ALLENTOWN, PA 18103 PHONE: 610-774-0322 BRIAN BROWN, Plaintiff vs. GERALD E. FRONKO, M.D., ANTHONY J. GUARRACINO, M.D., DAVID C. BAKER, M.D., CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., individually and/or doing business as CARLISLE REGIONAL MEDICAL CENTER, CENTRAL PENN MEDICAL GROUP and LANCASTER HMA PHYSICIAN MANAGEMENT, INC., individually and/or doing business as CENTRAL PENN MEDICAL GROUP, Defendants ATTORNEYS FOR DEFENDANT, ANTHONY J. GUARRACINO, M.D., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5987 CIVIL ACTION -- MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW MOTION TO COMPEL TO THE PROTHONOTARY: Kindly withdraw Defendant, Anthony J. Guarracino, M.D.'s, Motion to Compel Plaintiff's Responses to Supplemental Interrogatories and Request for Production of Documents filed on or about June 4, 2009 in the Court of Common Pleas of Cumberland County. Dated: 41'300-7 POST & SCHELL, P.C. By: even D. Costello, Esquire Maraleen D. Shields, Esquire Attorneys For Defendant, Anthony J. Guarracino, M.D. CERTIFICATE OF SERVICE I, MARALEEN D. SHIELDS, ESQUIRE, attorney for Defendant, ANTHONY J. GUARRACINO, M.D. hereby state that a true and correct copy of the foregoing Motion to Withdraw, was sent by first-class mail, postage prepaid on the date set forth below, was served I upon the following individual(s): Peter M. Villari, Esquire Villari, Brandes & Kline, P.C. 8 Tower Bridge, #400 161 Washington Street Conshohocken, PA 19428 Andrew H. Briggs, Esquire Post & Schell, P.C. 1857 William Penn Highway P.O. Box 10248 Lancaster, PA 17605-0248 Dated: 010 POST & SCHELL, P.C. By: araleen D. Shields, Esquire Attorney For Defendant Anthony J. Guarracino, M.D. R Elf" 4. 2TG9 J,, v 2 5' t %? JENNIFER L. MODESTO K/N/A JENNIFER IN THE COURT OF COMMON PLEAS OF L. COOK PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-5411 CIVIL, ACTION LAW JASON T. MODESTO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, June 30, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 23, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _/s/ Jacqueline M. Verney Esq. Custody Conciliator t 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 i' OF TL7'" 2R9 JUL -I PH 3: 16 CEO '. ? • ? G?% ?°-? ? 111 y ,z?li?? ? c??? ??t r? Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 hnaclay(o-)dzmmelaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. MODESTO n/k/a JENNIFER L. NICRONE, Docket No. 2004-5411 Plaintiff CIVIL ACTION LAW V. JASON T. MODESTO, IN CUSTODY Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Petition for Special Relief and Notice are served, be entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 (717) 249-3166 A NOTICIA Le han demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archiver en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas u puede entrar una orden contra usted sin previo aviso o notificacion y por cualguir queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGAUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 By: 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff/Petitioner DALEY ZUCKER WILTON MINER & GINGRICH, LLC 1, Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 1mac1gy(g grunglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. MODESTO n/k/a JENNIFER L. NICRONE Docket No. 2004-5411 Plaintiff CIVIL ACTION LAW V. JASON T. MODESTO, IN CUSTODY Defendant PLAINTIFF'S PETITION FOR CONTEMPT/MODIFICATION OF CUSTODY AND NOW, comes Plaintiff, Jennifer L. Modesto, n/k/a Jennifer L. Nicrone, by and through her counsel, Daley Zucker Meilton Miner & Gingrich, LLC, who hereby files Plaintiff's Petition for Contempt/Modification of Custody, and in support thereof states as follows: 1. Plaintiff, Jennifer L. Modesto, n/k/a/ Jennifer L. Nicrone, is the natural mother (hereinafter referred to as "Mother") of Natalia Modesto, whose date of birth is August 5, 2003. Mother and Natalia currently reside at 434 Orrs Bridge Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Jason T. Modesto, is the natural father (hereinafter referred to as "Father") of Natalia. Father resides at 1738 North 3`d Street, Apt. B, Harrisburg, Dauphin County, Pennsylvania 17102. G 3. Mother has had primary physical custody of Natalia since birth. Father has periods of partial custody as prescribed in the Honorable Edward E. Guido's May 27, 2009 Order of Court issued pursuant to the parties' agreement at Conciliation. A copy of the May 27, 2009 Order is attached hereto as Exhibit "A" and is incorporated herein by reference. 4. Mother has been Natalia's primary caregiver since birth and has, as of necessity, had to take Natalia to frequent appointments with Allergy and Asthma Specialists of Harrisburg, as well as to appointments with Natalia's pediatrician, due to a diagnosis of severe allergies and eczema. In addition to frequent allergy shots and steroid treatments, when necessary, Natalia is also on Allegra and Benedryl, daily via mouth, and Verimist nose spray (which has just been changed to a new spray), daily, to help alleviate her allergy symptoms. Natalia is also on two (2) prescription lotions for the eczema breakouts (1 for her face, and 1 for her body). Mother sends the Allegra and prescription lotions to Father at every visit, provided him with a sample bottle of the Verimist, and also sent Benadryl with Father when he had Natalia over his vacation period. 5. A point of contention at the last Conciliation Conference was Mother's concern that Father was not abiding by the doctor's recommendations regarding restricted foods and inhalants to avoid while Natalia was in Father's custody. As an example, Father admitted at the Conciliation Conference that if Natalia wanted a cookie, he was not going to deprive her of the cookie; even though she is allergic to cow's milk, peanuts, and soy and she has a sensitivity to wheat. A copy of the May 13, 2009 letter from Allergy and Asthma Specialists of Harrisburg listing Natalia's allergies and sensitivities f is attached hereto as Exhibit "B" and is incorporated herein by reference. As such, Paragraph 6 was added to the May 27, 2009 Order. See Exhibit "A". 6. Immediately preceding the last Conciliation Conference (May 21, 2009), specifically from May 16 through May 17, 2009, Father had custody of Natalia. Natalia returned from Father's custody with a severe breakout of eczema and inflamed allergies necessitating Mother to schedule and take Natalia to an allergist appointment on May 18, 2009, wherein Natalia was prescribed a five-day regimen of oral Prednisone, a steroid, to help control the flare-up. 7. Since the last Conciliation Conference, Natalia has returned to her Mother after numerous visits with her Father, with a breakout of eczema and/or an allergic reaction. 8. Father had custody of Natalia on May 22 through May 24, 2009 (the weekend immediately following the Custody Conciliation Conference). Natalia had a flare-up of her eczema due to reportedly ingesting a hot dog and bun and ice cream while with her Father. 9. Mother took Natalia to her regularly-scheduled allergist appointment on May 28, 2009 and the flare-up was discussed at that appointment. 10. Father had custody of Natalia on May 30 through May 31, 2009. No breakout of eczema or allergic reaction was noted by Mother upon Natalia's return. 11. Father had custody of Natalia June 6 through June 8, 2009. Natalia reported that Father had purchased a graduation cake for her kindergarten graduation and that she had eaten some of the cake, which is in contravention to the doctor's recommendations. Natalia returned home to Mother with puffy, itchy, red eyes. 12. On June 12, 2009 at 8:30 a.m., Mother took Natalia to her regularly- scheduled allergist appointment to receive her allergy shots. 13. Father had custody of Natalia on June 20 through June 22, 2009 at which time, Father took Natalia to his cousin's farm, where they spent the entire day, despite the fact that Natalia is allergic to a number of inhalants, specifically including, among a number of out-door environmental allergies, dogs and cats, and Natalia reported that she was playing with a dog and the dog was licking her face. Natalia also reported that while with Father that weekend, she ate clams with butter and a turkey club sandwich, to which she is allergic not only to the bread, but also the butter which has both soy and milk products in it. Natalia had an allergist appointment scheduled for Thursday, June 25`f; however, due to a severe breakout of her eczema and an allergic reaction after the weekend with her Father, Mother requested that Natalia be seen earlier. She was seen by the allergist on June 23, 2009 and as a result of this flare-up, Natalia was again prescribed another 5-day oral regimen of Prednisone. 14. Father had custody of Natalia on June 27 through June 29, 2009. Natalia returned from the weekend with Father scratching and with red eyes and she stated, "it feels like bugs are crawling under my skin." While with Father over that weekend, he did not give Natalia her nose spray which is given to her daily to help with her allergies. 15. Mother took Natalia to her regularly-scheduled allergy shot appointment on July 6, 2009. 16. The week of July 6 through July 10, 2009, Natalia was in Mother's custody and Mother applied Aveeno sunscreen. Natalia had an allergic reaction to this particular sunscreen and Mother immediately notified Father to advise him that Natalia could not use Aveeno sunscreen. 17. Father had custody of Natalia from July 11 through July 13, 2009. Mother had off of work on Monday, July 13, 2009 and Father had a scheduled work meeting that day. Mother advised Father that she was off of work and requested that Father return Natalia earlier (split the day) pursuant to Paragraph 5 of the Custody Order (the right of first refusal provision). Father refused to return Natalia early and advised Mother that he had "special plans" for Natalia. Upon Natalia's return to Mother, Natalia reported that she had gone with paternal aunt to work and that she had learned how to file, shred paper and fax. Moreover, Natalia returned to Mother with a breakout of eczema and an allergic reaction in her eyes. 18. On July 16, 2009, Mother took Natalia to her pre-scheduled appointment for her allergy shots (which were given earlier due to Natalia leaving for vacation with Father). 19. Father had custody of Natalia from July 18 through July 25, 2009. Mother was originally told that Father was taking Natalia to Wildwood, New Jersey for vacation; however, Father took Natalia to Ocean City, Maryland, but did not advise Mother, until the day they were leaving, of the change in plans. Besides his cell number, which was unreachable for the latter part of the trip, Father did not provide Mother with any contact information. While in Father's care over this period of time, Natalia reported that she ate pancakes, pizza, bread, a Frosty from Wendy's, hot chocolate made with milk, sherbet, and clams with butter. Due to her severe eczema, when Natalia swims in chlorinated water, she must be rubbed down after getting out of the pool, with either Vaseline or oil. Natalia reported that Father never put Vaseline or oil on her after she swam in the pool while in his custody. 20. Natalia returned from her week of vacation with her Father with the most severe breakout of eczema and the most severe allergic reaction that Mother has seen since her original diagnosis. Attached hereto as Exhibit "C" are pictures of Natalia showing the breakout. Exhibit "C-1" is Natalia's school picture for the 2008-2009 school year; Exhibit "C-2" is a picture of Natalia's face taken on July 27, 2009 at the undersigned's office; Exhibit "C-3" is a close-up of Natalia's neck taken on July 27, 2009 at the undersigned's office; Exhibit "C-4" is Natalia's right arm taken on July 27, 2009 at the undersigned's office; Exhibit "C-5" is Natalia's left arm taken on July 27, 2009 at the undersigned's office; Exhibit "C-6" is the back of Natalia's legs taken on July 27, 2009 at the undersigned's office. Exhibits C-1 through C-6 are attached hereto and incorporated herein by reference. 21. Natalia reported that Father did not administer her daily prescription nose spray at all during the vacation. 22. After Natalia's return from vacation with Father and due to Natalia's distress and discomfort, Mother called and took the first available appointment with Natalia's allergist for July 27, 2009 at 10:30 a.m. As a result of the severe breakout of her eczema and a severe allergic reaction, Natalia was placed on a 9-day regimen of oral prednisone. 23. Most weekends, if not all, that Father has custody of Natalia, he takes her to what was his parents' trailer in Seltzer, Pennsylvania. Natalia now has a room of her own; however, that room is the room where Father's parent's cat was cooped up when Natalia went up for visits previously. Although Father claims that the carpets were cleaned, Natalia continually returns from Father's care with breakouts of her allergies and eczema. Moreover, Mother had to install a $6500 ventilation system in her residence after moving in because the prior owners had dogs and the dander was throughout the duct work and was causing an exacerbation of Natalia's allergies and eczema. 24. Despite the parties agreement that Natalia could get her ears pierced and that Father and paternal grandmother accompanied Mother and Natalia to obtain the piercing on July 10, 2009 and both parents heard the care instructions regarding the piercing, Father failed to apply the ointment three times a day and turn the earrings at each cleaning. Natalia returned with one earlobe infected and reported that Father had not applied the ointment, nor turned the earrings at all, while Natalia was on vacation with him. 25. Mother re-married on July 6, 2009 and has filed a Petition for Modification/Petition to Relocate with Natalia to South Carolina. Since the filing of that Petition, Natalia reported to Mother that Father has been telling her that Mother was trying to take Natalia away from Father; that she was going to have to tell the Judge that she "liked John [Mother's new husband] but that she wanted Daddy to be her Daddy"; and advising her to lie to Mother about the things she does when with Father and the foods she eats when with him. 26. Although Mother is trying to be supportive of Father's relationship with Natalia, she has serious concerns about his lack of concern and cooperation with the doctor's recommendations regarding Natalia's severe allergies and eczema, and she has serious concerns about his ability to properly care for Natalia given these diagnoses. Moreover, she has serious concerns regarding Father's laissez-faire attitude when Natalia is obviously extremely uncomfortable and in pain. 27. A Custody Conciliation Conference is currently scheduled for Thursday, July 30, 2009 at 10:30 a.m. in front of Jacqueline M. Verney, Esquire. 28. Mother is requesting that this Petition for Contempt/Modification of Custody be consolidated and heard with the pending Petition for Modification/Petition for Relocation. 29. The child's best interest and permanent welfare will best be served by granting the requested relief because: a) Mother has exercised primary physical custody of Natalia since birth; and b) Mother has been Natalia's primary caregiver since birth; and c) Mother has evidenced a willingness and ability to place Natalia's interests ahead of her own; and d) Mother has taken an active interest in and has actively participated in the Natalia's life and activities; and e) Mother has a regular schedule and routine for Natalia to which Natalia has adjusted well; and f) Mother adequately supervises Natalia while she is with her; and g) Mother continues to provide Natalia with a home with more than adequate moral, emotional and physical surroundings as required to meet her needs; and h) Mother's primary concern is for Natalia's safety, health and well- being; and i) Mother continues to exercise parental duties and responsibilities and continues to enjoy Natalia's love and affection; and j) Mother has acted responsibly with regard to Natalia and has always had Natalia's best interests in mind; and k) Mother follows the doctor's advice and recommendations regarding Natalia; and 1) Natalia is well-bonded to Mother; and m) Mother continues to constantly monitor Natalia's eating habits, exercises care and caution and tries to avoid exposure to external items to which Natalia is allergic; and follow the doctor's recommendations with regard to both prescription and over-the- counter medications to alleviate the symptoms of Natalia's severe eczema and allergies. 27. Mother has incurred and/or anticipates incurring reasonable legal fees in an amount in excess of One Thousand ($1,000.00) Dollars to prepare, file, and defend this Petition for Contempt. WHEREFORE, Plaintiff/Mother, Jennifer L. Nicrone, respectfully requests that this Honorable Court grant her Petition for Contempt/Petition for Modification; that this matter be consolidated and heard at the July 30, 2009 Conciliation with the current pending Petition for Relocation/Modification; that an Order be entered permitting Mother to relocate with Natalia to South Carolina prior to the start of the 2009-2010 school year; that an Order be entered awarding Mother sole physical and legal custody, or in the alternative, that the Order set forth alternative periods of supervised custody for Father over Natalia's breaks from school; and that Father be ordered to pay Mother's reasonable attorney's fees in the amount of One Thousand ($1,000.00) Dollars; and any such other relief as this Honorable Court may deem necessary. Respectfully submitted, - ?i 1111 9-A Date: DALEY ZUCKER MEILTON MINER & GINGRICH, LLC t $y: AmAtt ay Gi g ' M cl y, Esquire eyy I. . 7954 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff VERIFICATION I, Jennifer L. Nicrone, Plaintiff, verify that the statements made in Plaintiffs Petition for Contempt/Petition for Modification of Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 4l rc)V--A-- Je CrNN icr one, Plaintiff Exhibit "A" eq MAY 2 2 7009 JENNIFER L. MODESTO N/K/A : IN THE COURT OF COMMON PLEAS OF JENNIFER L. COOK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2004-5411 CIVIL ACTION - LAW JASON T. MODESTO, Defendant : IN CUSTODY ORDER OF COURT a7?' AND NOW, this day of 04-1 , 2009, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: The prior Order of Court dated December 29, 2006 is hereby vacated. 2. The Mother, :Jennifer L. Cook and the Father, Jason T. Modesto, shall have shared legal custody of Natalia Modesto, born August 5, 2003. Each parent shall lave-an equal-right, to-be exercised-jointly-with. the other-parent,-to--make all.major_non:. emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309; each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given: to them as parents including, but not limited to: medical records, birth certificates,.school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4.- Father shall have the following periods of partial physical custody of the child: A. During the school year, beginning Saturday, May 22, 2009 alternating weekends, from Saturday at 11:00 a.m. to Monday morning when Father shall be responsible for getting the child to school on time. B. During the summer, alternating weekends from Saturday at 11:00 am. to Monday at 6:00 p.m. unless Father is working on Monday (this includes working from home) in which case Father will get the child to her regular day care in the morning. C. Such other times as the parties agree. 5. In the event that either party is working or in need of a babysitter for than three hours on a weekend, they shall contact the non-custodial parent and offer said time to the non-custodial parent. 6. The parents shall abide by the doctor's recommendations concerning the child's allergies. 7. Father shall have seven (7) uninterrupted days of physical custody of the child during the summer, Saturday to Saturday to coincide with his regular weekend, provided he give Mother 30 days prior notice. 8. Holidays: A. Mother shall always have physical custody of the child on Christmas Eve. In odd numbered years, Father shall have physical custody of the child from Christmas Eve at 9:00 p.m. to Christmas Day at 4:00 p.m. Mother shall have physical custody of the child in odd numbered years on Christmas Eve until 9:00 p.m. and from Christmas Day at 4:00 p.m. to December 26 at 4:00 p.m. In even numbered years Father shall have physical custody of the child from 4:00 p.m. on Christmas Day to 4:00 p.m. on December 26. In even numbered years, Mother shall have physical custody of the child from Christmas Eve to Christmas Day at 4:00 p.m. B. New Year's Day shall be alternated with Father having even numbered years and Mother having odd numbered-years. C. Easter shall be alternated with Mother having physical custody in even numbered years and Father having physical custody in odd numbered years. D. Thanksgiving. Mother shall always have physical custody of the child until 3:00 p.m. and Father shall have physical custody from 3:00 p.m. to have supper. E. Parents' Birthdays. Each parent shall have four hours of physical custody of the child on that parent's respective birthday. F. Mother shall have physical custody of the child on Mother's Day from 9:00 am. to 7:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 7:00 p.m. G. The parties shall alternate Memorial Day, July 4c" and Labor Day with Father having physical custody of the child on Memorial Day, 2009 and alternating thereafter. 9. The parties shall have reasonable telephone contact with the child to be exercised around the child's bedtime. 10. Transportation shall be as agreed by the parties. 11. This Order shall be effective so long as the parties continue to live locally. 12. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY VIE COURT, Edward E. Guido,, J. cc: Marlin L. Markley, Esquire; Counsel for Father Lindsay Gingrich Maclay, Esquire, Counsel for Mother TRUE COPY FROM RECOM )" xk4'lizt " Wes, i We unto set e 1k Ca" CarkM. PR-,,o JENNIFER L. MODESTO N/K/A : IN THE COURT OF COMMON. PLEAS OF JENNIFER L. COOK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2004-5411 CIVIL ACTION - LAW JASON T. MODESTO, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Natalia Modesto August 5. 2003 Mother 2. A Conciliation Conference was held in this matter on May 21, 2009, with the following in attendance: The Father, Jason T. Modesto, with his counsel,`Marlin L. Markley, Esquire, and the Mother, Jennifer L. Cook, with her counsel, Lindsay Gingrich Maclay, Esquire. 3. A prior Order of Court was entered by the, Honorable Edward E. Guido dated August 3, 2005 providing for shared legal custody with Mother having primary physical custody and Father having alternating weekends. 4. The parties agreed to an Order in the form as attached. Date ac line M. Verney, Esquire Custody Conciliator E xhibit "B" Allergy and Asthma t Specialists of Harrisburg May 13, 2009 To whom it may concern: 2151 Linglestown Road Suite 160 A. Harrisburg Pa. 17110 717-541-8066 Fax 67,1-9157 Re: Natalia Modesto Natalia has been seen in.our office over the last year and a half and found to have allergy to many foods and inhalants. Foods allergies include. Cows miIlc, peanuts, shrimp, soybeans, strawbe ies and sensitive jo beef, tomato and wheat -Inhalant allerghes include: tobacco, trees, grass, plantain, sorrel, ragweed, mixed weeds, mites, dust; cat, dog and molds. Her parents and Natalia have been instructed to avoid the foods she is allergic to. When she eats these foods her eczema is made worse. She has been observed 4 times in the office to have exacerbations of her eczema after eating foods on the allergic list . She is on medications and allergy shots to make her able to tolerate exposures to inhalants.. I have explained to her parents how these environmental exposures and foods will make her sick but her mother tells me that it has been impbsAlle to control as Natalia's father has not taken steps such as not smoking and not feeding her foods she is known to be sensitive to. I believe Natalia would not have so many exacerbations of her eczema if she was able to avoid exposures to cigarettes, pets and forbidden foods and so I would recommend keeping her away from these things completely. Sincerely, Ro uckermajn MD d Certified Allergist Exhibit "C-1" Exhibit "C-2" Exhibit "C-3" ?:.,.. Exhibit "C-4" ti Exhibit "C-5" ? . N, Exhibit "C-6" 0 N . CERTIFICATE OF SERVICE i-h AND NOW, this day of v , 2009, I, Amanda M. Shull, Paralegal to Lindsay Gingrich Maclay, Esquire, hereby certify that I have this day served a copy of Plaintiff's Petition for Contempt/Modification of Custody, via hand delivery, addressed as follows: Bruce D. Foreman, Esquire FOREMAN, FOREMAN, & CARACIOLO, P.C. Veteran's Building, 6t' Floor 112 Market Street Harrisburg, PA 17101 Attorney for Defendant DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: A 9&4zl Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 O THFl Lti.) !. - ...1- 2009 JUL 26 AM s: Ca ?S yy ., JENNIFER L. MODESTO N/K/A JENNIFER IN THE COURT OF COMMON PLEAS OF L. NICRONE PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-5411 CIVIL ACTION LAW JASON T. MODESTO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, July 28, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 30, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILET 1 i.,E. IAPY OF THE 2009 J16L 28 F€li 2: 11 JUL 312009 In JENNIFER L. MODESTO N/K/A : IN THE COURT OF COMMON PLEAS OF JENNIFER L. NICRONE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2004-5411 CIVIL ACTION - LAW JASON T. MODESTO, Defendant : IN CUSTODY ORDER OF COURT 0- ?? AND NOW, this _ day of , 2009, upon consideration of the attached Custody Conci ation eport, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the /,11*day of , 2009, at O C? o'clock, A. M., at which time testimony will bet en. For purposes of this Hearing, the Mother shall be deemed to be the moving parry and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated May 27, 2009 shall remain in full force and effect. 3. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Edward E. Guido, X cc: ?,mdsay Gingrich Maclay, Esquire, counsel for Mother Bruce D. Foreman, Esquire, counsel for Father J. JENNIFER L. MODESTO N/K/A JENNIFER L. NICRONE, Plaintiff V. JASON T. MODESTO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-5411 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL. PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Natalia Modesto August 5, 2003 Mother 2. A Conciliation Conference was held July 30, 2009 with the following individuals in attendance: The Mother, Jennifer L. Nicrone, with her counsel, Lindsay Gingrich Maclay, Esquire, and the Father, Jason T. Modesto, with his counsel, Bruce D. Foreman, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court dated May 27, 2009 providing for shared legal custody, Mother having primary physical custody with Father having periods of partial physical custody on alternating weekends, Saturday to Monday. 4. Mother has filed a Petition for Modification and Permission to Relocate and a Petition for Contempt and Modification. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having periods of partial physical custody for extended periods of time during school holidays and summer, as Mother wishes to relocate to South Carolina. Mother asserts that she has remarried and her new husband has recently relocated to South Carolina. Mother also claims that she has found a new job and her new husband has family in South Carolina. In Mother's second Petition she alleges that Father does not administer the child's allergy medication and fails to take proper care in her dietary restrictions. Based on the allegations of contempt, Mother requests that Father only have supervised visitation. 6. Father's position on custody is as follows: Father seeks the current Order of Court remain in effect. He opposes the relocation request and denies the allegations of contempt. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and ordering that the current Order remain in effect. It is expected that the Hearing will require one day. 7"3o-6? - Date Jac eline A Verney, Esquire Custody Conciliator :E. 2099 A .:? -3 PH I : i a JENNIFER L. MODESTO, IN THE COURT OF COMMON PLEAS OF n/k/a JENNIFER L. NICRONE,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JASON T. MODESTO, Defendant NO. 2004-5411CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 12th day of August, 2009, the Petition For Contempt is DISMISSED. By the Court, Edward E. Guido, J. v;Iindsay Gingrich Maclay, Esquire Attorney for Plaintiff vBruce F. Foreman, Esquire Attorney for Defendant _r -?? srs OF THE m 2019 AUG 13 PH 2: 03 ?t??7? 1.YJ11eNn, JENNIFER L. MODESTO, n/k/a JENNIFER L. NICRONE,: Plaintiff V. JASON T. MODESTO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5411CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 12th day of August, 2009, after hearing, we are not persuaded that the move to South Carolina would be in the child's best interests. In fact, we are persuaded that it would not be in the child's best interests. For that reason, Mother's request to allow her to relocate with the child to South Carolina is DENIED. Our current Custody Order dated May 27, 2009, shall remain in full force and effect. Should Mother decide to relocate to South Carolina, our Order shall be modified to provide that Father shall have primary physical custody of the child during the school year, subject to visitation as the parties shall agree. If the parties are unable to agree, we will address the matter. By Edward E. Guido, J. t;dl/ndsay Gingrich Maclay, Esquire Attorney for Plaintiff -t uce F. Foreman, Esquire V ttorney for Defendant srs OF THE PROTHONOTARY 2819 AUG 13 ? "1 2: 43 PEN'A1MANK c A f Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON 2010 Fsr a1 16 10: 3 G MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 t'1' (717) 657-4795 lmaclavla..dzmmelaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. MODESTO a/k/a JENNIFER L. NICRONE, Docket No. 2004-5411 Plaintiff CIVIL ACTION LAW V. JASON T. MODESTO, IN CUSTODY Defendant PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Daley Zucker Meilton Miner & Gingrich, LLC and Lindsay Gingrich Maclay, Esquire, on behalf of the Plaintiff,. Jennifer L. Modesto, n/k/a Jennifer L. Nicrone, in the above-captioned matter. Date: .3 2 10 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance pro se in the above-captioned matter. _ u, ?? C f IS I I Date: '51,11110 Jen fer L. Nicrone 390 Chestnut Street 'Amp ;'PA 17011 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: i ay Gin i , Mac Y, Esqui $7954 1029 Scenery Drive, Harrisburg, PA 17109 (717) 657-4795 CERTIFICATE OF SERVICE n? 1, Amanda M. Shull, Paralegal, hereby certify that on this ?t h day of 1M ?? 2010, a true and correct copy of the Praecipe to Withdraw as Counsel and Praecipe to Enter Appearance Pro Se was served upon Counsel for Defendant, by United States Mail, Postage pre-paid, to the following address: Bruce D. Foreman, Esquire Foreman and Foreman 6th Moor, Veterans Building 1] 2 Market Street Harrisburg, PA 17101-2015 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC ZAmanda M. Shull 1029 Scenery Drive Harrisburg, PA 17109 (717)657-4795 JENNIFER NICRONE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2004-5411 CIVIL ACTION LAW 71M JASON MODESTO IN CUSTODY * T ` DEFENDANT ` ORDER OF COURT _ r AND NOW, Thursday, October 20, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 22, 2011 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . 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 /eO/ Telephone (717) 249-3166 y * ®l' ?C'o? orJ ar led ?. vem ?orirI / afor- ?Co J Kok e ? ? o rr JENPJFER L. NICRONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-5411 CIVIL ACTION - LAW JASC°N T. MODESTO, Defendant : IN CUSTODY ORDER OF COURT t AND NOW, this at 7?day of ?/9?/ufi 2012, upon consic oration of the attached Custody Conciliation Report, it is ordered and directed as follov? s: 1. The prior Order of Court dated May 2 7. 2009 shall remain in full force and effect with the following modifications. During the school year, Father shall have partial physical custod}, on alternt.ting weekends from Friday at 3:30 p.m. to Sunday at 5:00 p.m., unless there is a schoo:d holiday on Monday, in which case Father shall have physical custody of the child until 00 ,?.m. ort Monday. Father shall also have physical custody of the child on in-service days that the ch; Id is off from school. Father's custody shall begin the evening before at 6:30 p.rn. and ru-i until 7:00 p.m. the day of the in-service. 4. Each party shall be entitled to t.wo non-consecutive weeks in the summer to incl..ude their weekend, provided they give the other party 30 days prior notice. )Mother will ccnsic_er increasing this to three weeks next year. The non-custodial parent may communicate with the child N is Skype on alterna ting days between 7:00 p.m. and 7:.30 p.m. h. 'This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual conscr L. In the absence of mutual consent. the terms of this Order shall control. BY THE COURT. Edward E. Guido, [. cc: 13r-ice JD. Foreman, Esquire, Counsel for Father r Alin Ross, Esquire, Counsel for Mother r (-?) p»' : Ied j / -)? 1/ ) ?? fcC fVM ;kf S ', r y,ti JENNIFER L. NICRONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V., NO. 2004-5411 CIVIL ACTION _. LAW JASON T. MODESTO, Defendant : IN CUSTODY PR [OR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I . The pertinent information concerning the Child who is the subject of this litigat. on is as follows: NAME DATE OF BIRTH CURRENTLY IN CL!STODY OF Natalii Modesto August 5. 2003 Mother 2. A Conciliation Conference was held in this matter on January 18, 2012, with t1:e following in attendance: The Father, Jason T. Modesto, with his counsel, Bruce D. For .man, Esquire, and the Mother, Jennifer L. Modesto, with her counsel, Alan Ross, Esquir:. ?. A prior Order of Court was entered by the Honorable Edward E. Guido dated day 27, 2009 providing for shared legal custody with Mother having primary physical custody and Father having alternating weekends. 1. The parties agreed to an Order in the form as attached. Y Ins .1._t _ , c < r- 47 Date ?Iac line M. Verney, Esquire - Custody Conciliator