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Home My WebLink About95-01361 . ~ , ."~i ~ 0- ~), ,'j} <;~ .,.~ "-~ :~~' "", AI' .:.~,:) ,*,1 '" ;~ ';i; " , '; .~ ~ ;1 \~ .".~ ,'''''1' i.'A' '~:~i -.;.;' "1', .~ TODD A, PERRY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 95-1361 CIVIL TERM : CIVIL ACTION - LAW : CUSTODY OF MINOR CHILDREN Plaintiff vs. CATHERINE M. SALVADOR. Dcfcndant ORDER AND NOW. this day of July. 2001. upon considcration of Plain tilT's Petition for Emergency Relief. said Pctition is GRANTED and thc minor children. LEAH R. SALVADOR and GABRIELLE N, SALVADOR, shall remain in thc custody of their fathcr TODD A, PERRY. pending further Order of this Court. By the Court. J. LAW OFFICES SNELBAKER, BRENNEMAN &: SPARE TODD A. PERRY. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : NO: 95-1361 CIVIL TERM : CIVIL ACTION - LAW : CUSTODY OF MINOR CHILDREN . PlaintilT vs. CATHERINE M, SALVADOR. Defendant ORDER AND NOW. this _~",c\.._ day of July. 2001. upon consideration of Plaintiffs Petition for Emergency Relief. a Rule is issued upon Respondent-Defendant. CATHERINE M, SALVADOR, to show cause why the relief requested should not be granted. Said Rule is returnable at a hearing to be held on the _, I 0'" day o~~. at ~Lt r o'clock Ji:... Moo in Courtroom No, JC. 4th floor. Cumberland County Courthouse. - -- Carlisle. Pennsylvania, ~ ~ tA.M-hr.A... s;~h. ~ 0 r~~ ~h~ ~ 1. LAW OFFICES SNElBAKER, BRENNEMAN Be SPARE 5, Father, his wifc, and two othcr childrcn will bc moving to Cumberland County, Pcnnsylvania in or about August, 2001. 6, Lcah and Gabricllc have both cxprcsscd a strong desirc to Iivc with thcir Father and his family on a permanent basis rather than living with their Mothcr, Thc rcasons for thc children desiring to live with their Father include, but arc not limited to, thc following: a, Physical abuse including slapping and punching by their Mother; b, Abusc of alcohol and drugs by their Moth~r; c. Mother yclls obscenities at the children; and d. Mother threatcns the childrcn, 7. Based upon the information providcd to Pctitioncr by the childrcn, Pctitioncr is cxtremcly conccrned about the safety and wclfarc of the childrcn, 8, Concurrently with the liling of this Petition for Emergency Rclief, Petitioner is liling a Petition for Modification of the existing Custody Order. 9, It is inthc best intcrcst ofthc children to rcmain with Fathcr and his family pending a dccision of this Court rcgarding Father's Pctition for Modification of the cxisting Custody Ordcr. WHEREFORE, Plaintiff-Pctitioncr. Todd A, Pcrry, respcctfully requests your Honorable Court to issue an Order granting him solc legal and physical custody ofthc children pcnding further order of this Court, lAW OFFICES SNELBAKER. BRENNEMAN &: SPARE Rcspcctfully submillcd, SNELBAKER~MAN & SPARE, P,c. By: (j){!I, Philip H. Sparc, Esquirc 44 Wcst Main Strcct Mcchanicsburg, P A 17055-03] 8 (717) 697-8528 Allorncys for Plaintiff-Pctitioncr, Todd A. Perry Date: July 3,2001 -2- TODD A. PERRY, . IN THE mURT OF cnlMON PLEAS OF . Plaintiff . CUMBERLAND CCXlN'.l'Y, PENNSYLVANIA . . . vs. . NO. 95-1361 CIVIL TERM . . CIVIL ACTION - LAW . CATHERINE M. SALVAOOR, : Defendant . IN CUSTODY . aUlER OF CDJRT I f I r r I I. AND tOi, this It. consideration of the attached and directed as follows: day of ~1A.Alt- CUstody Conc1liat on Report, , 1998, upon it is ordered 1. The prior Order of this Court dated March 17, 1995 is vacated as to the custody provisions and is replaced by this Order. 2. The Father, Todd A. Perry, and the Mother, Catherine M. salvador, shall have shared legal custody of Leah Regina Salvador, born February 1, 1986, and Gabrielle Naomi Salvador, born July 25, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well being including, but not limited to, all decisions regarding their health, education and religion. 3. The Mother shall have primary physical custody of the Children. 4. During the school year, the Father shall have partial physical custody of the Children beginning on the last Wednesday of each l!I:lnth at 6:00 p,m. through the following Monday at 9:00 a,m. 5. During the sll/lll1E!r school vacation every year, the Father shall have custody of the Children from June 22 through July 22 and from August 5 through August 23. 6. The parties shall ,I share or alternate having custody of the Children on holidays as follows: A. Christmas: In every year,' the Mother shall have custody of the Children from the beginning of the holiday school break through Christmas Day at 4:00 p.m, In even numbered years, the Father shall have custody of the Children from Christmas Day at 4:00 p.m. through January 1 at 9:00 p.m. In odd numbered years, the Father shall have custody of. the Children from Christmas Day at 4:,00 p,m. thrcugh the evening of December 30 or morning of New Years Eve so that the Mother can have custody of the Children in those years on New Years Eve and New Years Day, EXHIBIT A (Page 1 of 3) B. Easter: The Mother shall have custody of the Children every year over the Easter holiday and Easter break from school. C. Thanksgiving: The Father shall have custody of the Children every year from the Wednesday before Thanksgiving at 4:00 p.m. through the following Monday at 9:00 p.m. D. Presidents Day: In even numbered years, the Father shall have custody of the Children from the Thursday before Presidents Day at 4:00 p.m. through the following Monday at 9:00 p.m., and in odd numbered years, the Mother shall have custody of the Children over the same holiday period. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children on Mother's Day and the Father shall have custody of the Children on Father's Day. F. Children's Birthdays: 01 the Children's birthdays in every year, the party who does not otherwise have custody of the Children on their birthdays under the regular custody schedule, shall be entitled to have custody of the Children on their birthday from 6:00 p.m. until 9:00 p.m. G. The holiday custody schedule supersedes and takes precedence over the regular custody schedule. In years when the Mother's period of holiday custody over Easter falls on the Father's regularly scheduled monthly period of custody with the Children, the parties shall cooperate in rescheduling a Wednesday through Monday period of custody for the Father during the same month. It shall not be required that the partie!! reschedule the monthly regular period of custody for the ~ather when the Father's Thanksgiving holiday period falls at the same time. 7. The partie::! nay modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order shall control. BY THE axlRT, ,I, ~ ~.u i< . ar . Bayley I<cu'b (/ J. cc: Philip H. Spare, Esquire - Counsel for Father Catherine M. Salvador, Pro Sa TRUE COpy FROM RECORD In ~&5linir)ny whereof, I here cntoset my hand i!11d tho soal 01 said Cou at Car!islc. ?a, Thl i-J... da 0 19 r EXHIBIT A (Page 2 of 3) ProlhonOlary roDD A. PERRY, . IN THE CDURT OF COMMOO PLEAS OF . Plaintiff , CUMBERLAND CClt.lNTY, PENNSYLVANIA . . . vs. . NO. 95-1361 CIVIL TERM . . . CATHERINE M. SAt VADOR, . CIVIL ACTION - LAW , Defendant . CUSTODY . PRICE JTJDGE: Ed;Jar B. Bayley UJ::I"'.LwJ! o:NCIL~m &HU\RX' REPCRl' m AcxrRDANCE Wl'l'IJ ClImERLAND CXXJmY RULE OF CIVIL PRO." (JRE 1915.3-8, the undersigned CUstody Conciliator submits the fOllowing report: 1. The pertinent information concerning t.'1e Children who are the subjects of this litigation is as follows: NAME DATE OP' BIRm alRRmrI.Y m =!UU~ OP' Leah Regina Salvador Gabrielle Naomi Salvador February 1, 1986 July 25, 1989 Mother Mother 2. A Conciliation Conference was held on June 11, 1998, with the following individuals in attendance: The Father's counsel, Philip H, Spare, Esquire, and the Mother, Catherine M. salvador, who appeared at the Conference without counsel. The Father, who lives in Arizona, participated in the Conference by telephone. 3. The Father, who is remarried, currently resides primarily in Scottsdale, Arizona, but maintains a residence in Annville, PA for different periods of the year. The parties previously established custody arrangements by agreement, which was incorporated into an Order dated March 17, 1995. The Father filed this Petition for Modification as he now lives in Arizona for a significant portion of each year. 4. The parties agreed to entry of an Order in the form as attached, with the exception of the provision governing Thanksgiving holiday custody, The Mother preferred to split both the Easter and Thanksgiving holidays between the parties so that both parties would be able to spend time with the Children on those holidays. The Father wishes to alternate or to designate ~ach of the holidays for one of the pa,rties so that the Father can have sufficient time to transport the Children to Arizona for the holiday. It should be noted that the Mother objects to the Father having the entire Thanksgiving holiday period of custody and would agree to split the Easter holiday, which under the proposed Order, is designated solely for Mother. 5. The Conciliator recommends an 0rCe: in the form as attached. , Date )\..', ,t' I{ ( r Ij ,', t I ,;. .11 /' ,. ..-....~ ,-~.....~. <.,,--, Dawn S. Sunday, Esquire CUstody Conciliator EXHIBIT A (pagd 3 of 3) . . ~p ';-1 ) ";,1 TODD A, PERRY, plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO, 95-1361 CIVIL TERM : CIVIL ACTION - LAW v, CATHERINE M, SALVADOR, CUSTODY OF MINOR CHILDREN Defendant ORDER AND NOW, this ,1'\ ~ , 1995, upon day of consideration of the complaint filed in this matter and the Settlement Agreement between the parties hereto dated March 10, 1995, a true and correct copy of which is attached to the Complaint as Exhibit "A", it is hereby ORDERED and DIRECTED that the custody of the two minor children, Leah Regina Salvador, born February 1, 1986 and Grabrielle Naomi salvador, born July 25, 1989 shall be as set forth in the above referenced Settlement Agreement, Nothing herein is intended to preclude the parties from deviating from the custody arrangements by mutual consent, 11/ , ' BY~:JI,J I J, LAW OP'PICE. SNELDAKER a BRENNEMAN ~ r t ~I I,-,ilo, ;;~'on:J .U~; .''J ~\'" Lt';I-fno ~!17 ;.:.t4CP,' ;;;.;. /0 ,j:)U.H i j w l~ "- :'O~ , I S6, UV 02" L I l/VH I ~o. ..::::-: ~, -... -.. , ) \'.... \ ,~..... -, 'j 'W ,~ ~ . --", .. ,~ f"'-. .n -..... ....:j ~ l-- CT> - ^ --; 0 - ., " f'.. 'Y"\ ;,;. '-...., ;-:;;. "":-- . 'oJ 00 ("1"\ '-"j ,'.. . " t?, f\ .:'. '&, :)- '-~ ..... V; ':l.\ I:::::J \.() ~ . .~ ..:j- ::::r- a ",j ~.;: ~ ~ -, :';1= " I ~ l(l ~2 l(l g ~~ ;!; "" .... uJo ~ b; ~~ "" ~ t ~3!i< ~:> ..j ~ (;:1, .... ::!g 2 ~ ~ e ":~~ .~ . ~ "ul ~ ~ '" I ~8 < I ~ ~ 5 .-t "" r:; . "" ~ Q co ~ ~ l1. = aU.'. . 02~lJ' 0 ~ , ffi~ 0 ~ f5 ~ :> , Q ~ :i: ~i5 I:: ~ '" I~ i~;, i;I <~ < rJ ~ a:l< - .c u:l ~ ~ ~ :c lcl B :::E I , TODD A, PERRY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 95- CIVIL TERM CIVIL ACTION - LAW CUSTODY OF MINOR CHILDREN CATHERINE M. SALVADOR, Defendant : COMPLAINT 1. The Plaintiff herein is Todd A, Perry, an adult individual residing at 593-18 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055, 2, The Defendant herein is Catherine M. Salvador, an adult individual who resides at 1520 High Meadow Lane, Mechanicsburg, Cumberland county, Pennsylvania, 17055. 3, Plaintiff seeks partial custody of the following children: !Wm PRESENT RESIDENCE 1520 High Meadow Lane Mechanicsburg, PA 1520 High Meadow Lane Mechanicsburg, PA ~ Leah Regina Salvador 9 years (DOB: 2/1/86) Gabrielle Naomi Salvador 5 years (DOB: 7/25/89) The children were born out of wedlock, The children are presently in the custody of Catherine M. Salvador who resides at 1520 High Meadow Lane, Mechanicsburg, Pennsylvania, LAW OPl"ICE. SNELDAKER a BRENNEMAN 4, During the last five (5) years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Catherine M, Salvador 1520 High Meadow Ln March, 1990 Mechanicsburg, PA to present Todd A, Perry 1520 High Meadow Ln March, 1990 Mechanicsburg, PA to August, 1991 John Winner 1520 High Meadow Ln July, 1993 Mechanicsburg, PA to present Presley Salvador 1520 High Meadow Ln November, 1992 Mechanicsburg, PA to present Cassidy Salvador 1520 High Meadow Ln December, 1993 Mechanicsburg, PA to present The mother of the children is Catherine M, Salvador, who is currently residing at 1520 High Meadow Lane, Mechanicsburg, Pennsylvania, She is married to John Winner, The father of the children is Todd A, Perry, currently residing at 593-18 Geneva Drive, Mechanicsburg, Pennsylvania, He is single (engaged to be married to Carrie Mailey on March 25,1995), 5, The relationship of Plaintiff to the children is that of father, The Plaintiff currently resides with the following persons: ~ RELATIONSHIP LAW OHICE. SNELBAKEA .. BRENNEMAN Carrie Mailey Fiance -2- other persons known to have or claim a right to custody or visitation of the children, 10, The parties hereto have reached a detailed Settlement Agreement dated March 10, 1995, a copy of which is attached hereto and incorporated herein by reference, The Settlement Agreement, inter ~, sets forth the parties' agreement as to custody of the children, WHEREFORE, Plaintiff respectfully requests your honorable Court to enter an Order of Court incorporating the custody provisions of the attached Settlement Agreement, SNELBAKER & BRENNEMAN, p, C. By: 2~4 Esquire Pa, sup, ct, No, 65200 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Todd A, Perry ate: March 16, 1995 LAW OP?ICIS SNELBAKER .. -4- BRENNEMAN - SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this /0 7J/ day of March, 1995, by and between: TODD A, PERRY, a single person, of 593-18 Geneva Drive, Mechanicsburg, cumberland County, Pennsylvania 17055, party of the first part, hereinafter called "Perry", AND CATHERINE M. SALVADOR, a single person, of 1520 High Meadow Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055, party of the second part, hereinafter called "Salvador", WITNESSETH: WHEREAS, Perry and Salvador are the parents of two minor children (hereinafter collectively called "Minor Children"), namely: LEAH REGINA SALVADOR, born on February 1, 1986, and GABRIELLE NAOMI SALVADOR, born on July 25, 1989; and WHEREAS, Perry is the owner of a certain house located in Lower Allen Township, Cumberland County, Pennsylvania, known and numbered as 1520 High Meadow Lane, Mechanicsburg, PA 17055 (hereinafter called "the House"), which House is presently occupied by Salvador and the Minor Children; and , WHEREAS, Perry and Salvador previously cohabited in the House, but have lived separate and apart since August 1991; and WHEREAS, the parties are not married to one another and never have been married to one another; EXHIBIT A WHEREAS, Perry is represented by the law firm of Snelbaker & Brenneman, P,C. and Salvador is represented by the law firm of DeArmond & DeArmond. Both parties acknowledge that they have been fully advised of their legal rights and obligations; WHEREAS, the parties desire to resolve various issues between themselves, including, but not limited to, the support for and custody of the Minor Children, and have arrived at various terms and conditions which they intend to document by these presents; NOW, THEREFORE, in consideration of these presents and the mutual terms, promises and conditions contained herein, and intending to be legally bound hereby, the parties mutually agree as follows: 1. The foregoing preamble and paragraphs are incorporated herein by reference thereto, 2, The parties shall share legal and physical custody of the Minor Children in accordance with the definition thereof as contained in Chapter 53 of Title 23 of Pennsylvania Consolidated Statutes (23 Pa, C.S,A. 55301 et seq,) Salvador shall have primary physical custody subject to the rights of Perry for partial custody and visitation as set forth in paragraph 7 hereinbelow, 3, Salvador agrees to vacate and remove from the House and deliver full possession of the House to Perry on or before July 1, 1995, time being of the essence of this agreement, " -2- EXHlBlT A 4, In order for Salvador to find suitable living accommodations for the Minor Children, Perry agrees to pay to Salvador the Gum of Forty Thousand ($40,000) Dollars for housing purposes, payable as follows: (a) Ten Thousand ($10,000) Dollars upon the execution and delivery of this Agreement, the receipt whereof is hereby acknowledged by Salvador, (b) Twenty Thousand ($20,000) Dollars upon Salvador's removal from the House and upon her delivery of full possession of the House to Perry; and (c) Ten Thousand ($10,000,00) Dollars upon Perry's sale of the House or on February 1, 1996, which ever shall occur first. S, Perry's mahogany desk now located in the House shall remain in the House upon Salvador's departure and Perry shall return the desk which he removed from the residence at his departure, 6, The parties agree to support and maintain the Minor Children on the following terms: a. Perry agrees to pay to Salvador as child support the following sums of money for so long as Salvador has primary physical custody of Minor Children and for so long as the Minor Children are under the age of eighteen (18) years: (1) One Thousand six Hundred ($1,600) Dollars [Eight Hundred ($800) Dollars per Minor Child) per month as long as the Minor Children reside in the House and until they are permanently -3- EXHIBIT A removed therefrom by Salvador; (2) Three Thousand Two Hundred ($3,200) Dollars [One Thousand Six Hundred ($1,600) Dollars per Minor Child] per month from and after the permanent removal of the Minor Children from the House by Salvador. Payments for the amounts due as child support as set forth hereinabove shall be due and payable on a monthly basis beginning April 1, 1995 and continuing through January 1, 1996, Beginning February 1, 1996, child support payments shall be made on a quarterly basis payable in advance on May 1, August 1 and November 1, b, Perry shall obtain, keep and maintain hospitalization and medical insurance on the Minor children at his sole cost and expense, said coverage to be equivalent to that provided by the basic family plan of Capital Blue Cross and Pennsylvania Blue Shield. c, The parties agree to share equally the cost of all hospitalization and medical expenses not covered by the insurance required under subparagraph "b" hereinabove, d, Either party hereto shall have the right to have the amount of child support increased or decreased based upon changed circumstances by agreement of both parties or by petitioning for said increase or decrease -4- EXIIIBlT A with the Domestic Relations section of the appropriate Court of Common Pleas. 7, Perry shall have physical custody of the Minor Children at the following times: a, Every other weekend beginning March 10, 1995, The term "weekend" shall be construed to mean from Friday at 6:00 o'clock P,M. until the following Sunday at 8:00 o'clock P.M. b. From 2:00 P.M. on December 25 through December 31 at 6:00 P.M. c. Two (2) periods of two (2) consecutive weeks during the Minor children's recess from school during the summer season, to be selected by Perry with written notice to Salvador not later than April 15 preceding the school recess. In the event the summer recess schedule conflicts with the weekend, Birthday or Holiday schedule herein the summer recess schedule shall control. d, Two (2) hours during the evening of each Minor Child's birthday, to include both Minor Children on each birthday, In the event the birthday of a Minor Child occurs on a day which Perry has physical custody, Salvador shall have two (2) hours during the evening with both Minor Children, e, During 1995, and in future odd numbered years, -5- EXIIIBIT A on the following Holidays; New Years Day and Fourth of July, During even numbered years, on the following Holidays: Memorial Day and Labor Day, In the event that the Holiday custody schedule conflicts with the regular weekend custody schedule, the Holiday schedule shall control, Holidays are designated as follows: (1) New Year's Day (from 6:00 P,M. on December 31 through 8:00 P,M. on January 1); (2) Memorial Day (Sunday, the day before Memorial Day at 6:00 P,M, through Memorial Day at 8:00 P,M.); (3) Fourth of July (July 3rd at 6:00 P,M, through July 4th at 8:00 P,M,); (4) Labor Day (sunday, the day before Labor Day at 6:00 P,M, through Labor day at 8:00 P,M,); f, Easter and Thanksgiving shall be handled as folloWS: (1) Easter: Salvador shall have physical custody of the Minor Children from 6:00 P,M, the day before Easter until 2:00 P.M. on Easter Sunday, Perry shall have physical custody of their Minor children from 2:00 P.M. on Easter Sunday until 6:00 P,M, on the Monday following Easter, The Easter -6- EXIIIBIT A schedule set forth herein shall supercede the regular weekend schedule. (2) Thanksgiving: Salvador shall have physical custody of the Minor children from 6:00 P,M, the day before Thanksgiving Day until 4:00 P,M, on Thanksgiving Day. Perry shall have physical custody of the Minor Children from 4:00 P.M, Thanksgiving Day until 6:00 P,M, on the Friday following Thanksgiving. (g) Salvador shall have physical custody of the Minor children each Mother's Day (6:00 P.M. the Saturday before Mother's Day through 8:00 P,M, Mother's Day). Perry shall have physical custody of the Minor Children each Father's Day (6:00 P.M. the Saturday before Father's Day through 8:00 P,M. Father's Day), In the event the Mother's Day/Father's Day schedule conflicts with the regular weekend custody schedule the Mother's Day/Father's Day schedule shall control. (h) One weekday evening per week (from 4:00 P.M, through 8:00 P.M.), Perry agrees to cooperate with furthering the Minor Children's extra-curricular interests, In all cases Perry shall arrange for and provide transportation of the Minor Children from and return to Salvador's place of -7- EXHIBIT A , . residence, In addition to the foregoing specific requirements it is understood and agreed that Perry shall have liberal opportunity to see and communicate with the Hinor Children in order to maintain continuing parental contact, Salvador agrees to make the Hinor Children available to Perry given 24 hour prior notice, Parties agree that the custody schedule set forth hereinabove is in the best interests of the Hinor Children and shall be entered as an Order of Court (subject to Court approval) in a custody action to be initiated by Perry, 8, ~alvador agrees to withdraw and discontinue her Complaint For Divorce docketed to No, 94-4127 in the Court of Common Pleas of Cumberland County Pennsylvania with prejudice within ten (10) days of the execution of this Agreement, 9, Perry agrees to withdraw and discontinue his Complaint For Declaratory Judgment docketed to No, 94-6683 in the Court of Common Pleas of cumberland county Pennsylvania within ten (10) days of Salvador's withdrawal of the Complaint For Divorce described hereinabove, 10, Perry agrees to withdraw and discontinue his Complaint in the Action In Ejectment docketed to No, 94-5787 in the Court of Common Pleas of Cumberland County Pennsylvania within thirty (30) days of Salvador's removal from the House, 11, Perry agrees to execute an acknowledgement of Paternity -8- EXIIIBIT A , . Form to be filed with the Domestic Relations Section of the Cumberland county Court of Common Pleas. 12. In order to resolve all matters between rhemselves and in consideration of these presents and the sum of One ($1.00) Dollar in hand paid by each party to the other the receipt of which each party hereby acknowledges from the other each of the parties hereto by these presents for himself or herself his or her heirs executors administrators or assigns does hereby remise release quit-claim and forever discharge the other party hereto his'or her heirs executors administrators or assigns or any of them of any and all claims demands damages actions causes of action or suits at law or in equity of whatsoever kind or nature for or because of any matter or thing done omitted or suffered to be done by such other party prior to the date hereof except that this release shall in no way exonerate or discharge either party from the obligations and promises made and imposed by reason of this Agreement. 13. The waiver of any term condition clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term condition clause or provision of this Agreement, 14, This Agreement shall be construed interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF the parties have hereunto set their -9- EXHIBIT A .. " . COMMONWEALTH OF PENNSYLVANIA ) : 55. COUNTY OF CUMBERLAND) On this the lOth day of March, 1995 before me a Notary Public in and for the aforesaid county and Commonwealth personally appeared CATHERINE M. SALVADOR known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledged that she executed the same for the purposes therein contained. WITNESS my hand and official seal the day and year aforesaid. 9~4) 9. ~ Notary Publ c Notarial Seal Patrida J, Thomson, Nol8lY Public Mech8nicsbUrg Bora, Cumbertand County My Commission expires 0eC. 31, 1998 Merft)er. PtII.lSyMI'iaA:-.1 t' -I at ~ EXIIIBIT A VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, 54904 relating to unsworn falsification to authorities, ,.- '::j~.d. ~ Tod~ ' Date: March 16, 1995 LAW On'ICIW SNELDAKER .. BRENNEMAN ,~~ c= ., .....x.. ~;'~Im i..t. . ,-. ~;~ ::~ ,':} ...""r:.:~~~ ~'0~r~ i;"'~':;"; ~:,... -t~ ::s:: ~ :a ,I'.) .::.. \Q:) 'Q .Q ::l:- :::J: - ..... CU'll - IIPh 2 2 199f1Y~ " ...., ( ... LAW On'ICEO SNELDAKER. BRENNCMAN Dc SPARE TODD A, PERRY, . IN THE COURT OF COMMON PLEAS OF , Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 95-1361 CIVIL TERM CIVIL ACTION - LAW CATHERINE M, SALVADOR, , , Defendant CUSTODY OF MINOR CHILDREN ORDER AND NOW, this ~~ day of AOr\ \ , 1998, upon consideration of the attached petitIon For Modification of custody Order, it is hereby directed that the parties and their respective counsel appear before t~:C\~ ~ .~~ Esquire, the conciliator, at ~Cf "-). Hr'lr.. Ie I..h.r:J PennsylvanTa, on the __~ day of ' \;:-J{\'-l , 1998, at ~ o'clock ....e.....M, for a Pre-Hearing custody Conference, At such conference, an effor.t 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, FOR THE COURT, By: t--t'.o \ \.JRJ\ JJ ~tJO OJ- custody Conc 1 ato (\:b.) The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, YOU SHOULD NOT HAVE A OFFICE SET TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO lAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, pennsylvania 17013 (717) 249-3166 PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Plaintiff, Todd A, Perry, by his attorneys, snelbaker, Brenneman & Spare, p, C, and files the within Petition as follows: 1. Petitioner is Todd A, Perry, Plaintiff-Father ("Father") in the above-captioned custody action, Father's residence is 54 Shady Lane, Annville, Lebanon County, Pennsylvania, Father spends a significant portion of each year in Scottsdale, Arizona, 2, Respondent is Catherine M, salvador, Defendant-Mother ("Mother") residing at 514 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania, 3, Plaintiff seeks modification of the current custody order involving the following children: 1:!Al:1E PRESENT RESIDENCE Am: 12 (DOB: 2/1/96) Leah Regina Salvador 514 Lamp Post Lane Camp Hill, PA 514 Lamp Post Lane Camp Hill, PA 8 (DOB: 7/25/89) LAW O""'CE8 SNtLDAKER. BRENNEMAN 8: SPARE Gabrielle Naomi Salvador 4, The current custody order dated March 17, 1995 was based upon a written Agreement of the parties which was attached to the original Complaint filed in this action, Pursuant to said Agreement, Mother and Father share legal custody; Mother enjoys primary physical custody and Father enjoys partial physical custody, A true and correct copy of Paragraph 7 of the parties' Agreement is attached hereto as Exhibit A and is incorporated herein by reference, 5, As Father now lives in Arizona for a significant portion of each year, he is seeking to modify the current custody arrangement in order to maintain a close relationship with his daughters, 6, Father's attempts to develop a new custody arrangement with Mother have been unsuccessful. 7, The best interest and permanent welfare of the children will be served by granting the relief requested because the children and their father need to have an established schedule setting forth periods of partial custody so that the children may further develop and enhance their relationShip with their father, LAW OFFICE. SNI:LBAKER. BRENNEMAN 8: SPARE WHEREFORE, Petitioner Todd A, Perry requests your Honorable Court to grant him partial custody of the Minor Children as -2- follows: 1, During the school year, the last Wednesday of each month at 6:00 P,M, through the following Monday at 9:00 A.M. i 2, Thursday before President's Day at 4:00 P,M, through the following Monday at 9:00 P,M, in even numbered years; 3, Thursday before Easter at 4:00 P,M, through the following Monday at 9:00 P,M, in odd numbered years; 4, Thanksgiving eve at 4:00 P,M, through the following Monday at 9:00 P,M, in even numbered years, 5, December 25th at 4:00 P,M, through January 1st at 9:00 P,M, 6, (a) First Monday following girls' dance recital at 6:00 P.M, or June 25 at 6:00 P.M" whichever occurs first through July 25, at 12:00 noon; and (b) August 1st at 6:00 P,M, through Labor Day at 9:00 P,M, In the event either child's birthday falls on a day where Father has custody pursuant to the schedule above, Mother shall LAW OP'fICES SNELBAKER. BRENNEMAN 8: SPARtl: -3- with the Domestic Relations Section of the appropriate Court of Common Pleas, 7, Perry shall have physical custody of the Minor Children at the following times: a, Every other weekend beginning March 10, 1995, The term "weekend" shall be construed to mean from Friday at 6:00 o'clock P,M, until the following Sunday at 8:00 o'clock P,M, b, From 2:00 P,M, on December 25 through December 31 at 6:00 P,M, c, Two (2) periods of two (2) consecutive weeks during the Minor Children's recess from school during the summer season, to be selected by Perry with written notice to Salvador not later than April 15 preceding the school recess, In the event the summer recess schedule conflicts with the' weekend, Birthday or Holiday schedule herein the summer recess schedule shall control. d, Two (2) hours during the evening of each Minor Child's birthday, to include both Minor Children on each birthday, In the event the birthday of a Minor Child occurs on a day which Perry has physical custody, Salvador shall have two (2) hours during the evening with both Minor Children, e, During 1995, and in future odd numbered years, -5- EXHIBIT A (Pg 1 of ~) on the following Holidays; New Years Day and Fourth of July, During even numbered years, on the following Holidays: Memorial Day and Labor Day, In the event that the Holiday custody schedule conflicts with the regular weekend custody schedule, the Holiday schedule shall control. Holidays are designated as follows: (1) New Year's Day (from 6:00 P,M. on December 31 through 8:00 P,M, on January 1); (2) Memorial Day (Sunday, the day before Memorial Day at 6:00 P.M, through Memorial Day at 8:00 P,M,); (3) Fourth of July (July 3rd at 6:00 P,M, through July 4th at 8:00 P,M.); (4) Labor Day (Sunday, the day before Labor Day at 6:00 P,M, through Labor day at 8:00 P,M,); f, Easter and Thanksgiving shall be handled as follows: (1) Easter: Salvador shall have physical custody of the Minor children from 6:00 P,M, the day before Easter until 2:00 P,M, on Easter Sunday, Perry shall have physical custody of their Minor children from 2:00 P,M, on Easter Sunday until 6:00 P,M, on the Monday following Easter. The Easter -6- EXHIBIT A (Pg 2 of 4) schedule set forth herein shall supercede the regular weekend schedule, (2) Thanksgiving: Salvador shall have physical custody of the Minor children from 6:00 P.M, the day before Thanksgiving Day until 4:00 P,M, on Thanksgiving Day, Perry shall have physical custody of the Minor Children from 4:00 P,M, Thanksgiving Day until 6:00 P,M, on the Friday following Thanksgiving. (g) Salvador shall have physical custody of the Minor Children each Mother's Day (6:00 P,M, the Saturday before Mother's Day through 8:00 P.M, Mother's Day), Perry shall have physical custody of the Minor Children each Father's Day (6:00 P,M, the Saturday before Father's Day through 8:00 P,M, Father's Day), In the event the Mother's Day/Father's Day schedule conflicts with the regular weekend custody schedule the Mother's Day/Father's Day schedule shall control, (h) One weekday evening per week (from 4:00 P,M, through 8:00 P,M,), Perry agrees to cooperate with furthering the Minor children's extra-curricular interests. In all cases Perry shall arrange for and provide transportation of the Minor Children from and return to Salvador's place of -7- EXHIBIT A (Pg 3 of 4) residence, In addition to the foregoing specific requirements it is understood and agreed that Perry shall have liberal opportunity to see and communicate with the Minor Children in order to maintain continuing parental contact, Salvador agrees to make the Minor Children available to Perry given 24 hour prior notice, Parties agree that the custody schedule set forth hereinabove is in the best interests of the Minor Children nnd shall be entered as an Order of Court (subject to Court approval) in a custody action to be initiated by Perry, 8, Salvador agrees to withdraw and discontinue her Complaint For Divorce docketed to No, 94-4127 in the Court of Common Pleas of Cumberland County Pennsylvania with prejudice within ten (10) days of the execution of this Agreement, 9, Perry agrees to withdraw and discontinue his Complaint For Declaratory Judgment docketed to No, 94-6683 in the Court of Common Pleas of Cumberland County Pennsylvania within ten (10) days of Salvador's withdrawal of the Complaint For Divorce described hereinabove, 10, Perry agrees to withdraw and discontinue his Complnint in the Action In Ejectment docketed to No. 94-5787 in the Court of Common Pleas of Cumberland County Pennsylvania within thirty (30) days of Salvador's removal from the House, 11. Perry agrees to execute an acknowledgement of Paternity -8- EXIIIBIT A (Pg 4 of 4) ~~ ~~~ ~~~~ ~ ~c';l~i .. 9~ ~~51 :::: ~~ ~ .g fi ~ " - <( ~~~U ..... II/..,~ ' .,... ~ . ~i ;1 11 ~ . B~ ~ 1Ol, lit t ~ .8 ~~j~l ~I~~ ~ j5llill,o;;) 8l::a I ~ ~ . .0: ~ ~ - .. . -. . :.. .. .. .. -' #JUN J. i) 1~98 - rooD A. PERRY, . IN THE CXlURT OF cnIMOO PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 95-1361 CIVIL TERM . . CIVIL ACTION - LAW . CATHERINE M. SALVADOR, : Defendant : IN CUSTODY awBR OF CDlRT AND tUf, this --LL day of d ~ consideration of the attached Custody Conc iat on and directed as follows: , 1998, upon Report, it is ordered 1. The prior Order of this Court dated March 17, 1995 is vacated as to the custody provisions and is replaced by this Order. 2. The Father, Todd A. Perry, and the Mother, Catherine M. Salvador, shall have shared legal custody of Leah Regina Salvador, born February 1, 1986, and Gabrielle Naomi Salvador, born July 25, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well being including, but not limited to, all decisions regarding their health, education and religion. 3. The Mother shall have primary physical custody of the Children. 4. During the school year, the Father shall have partial physical ~u.stody of the Children beginning on the last Wednesday of each month at l..: 00 p.m. through the following Monday at 9:00 a.m. 5. During the slllllller school vacation every year, the Father shall have custody of the Children from June 22 through July 22 and from August 5 through August 23. 6. The parties shall share or alternate having custody of the Children on holidays as follows: A. Chrisbnas: In every year, the Mother shall have custody of the Children from the beginning of the holiday schOOl break through Chrisbnas Day at 4:00 p.m. In even mmbered years, the Father shall have custody of the Children from Chrisbnas Day at 4:00 p.m. through January 1 at 9:00 p.m. In odd numbered years, the Father shall have custody of the Children from Chrisbnas Day at 4:00 p.m, through the evening of December 30 or morning of New Years Eve so that the Mother can have custody of the Children in those years on New Years Eve and New Years Day. - " " B. Easter: The Mother shall have custody of the Children every year over the Easter holiday and Easter break fran school. C. 'Itlanksgiving: The Father shall have custody of the Children every year fran the Wednesday before Thanksgiving at 4:00 p.m. through the following Monday at 9:00 p.m. D. Presidents Day: In even numbered years, the Father shall have custody of the Children fran the Thursday before Presidents Day at 4:00 p.m. through the following Monday at 9:00 p.m., and in odd numbered years, the Mother shall have custody of the Children over the same holiday period, E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children on Mother's Day and the Father shall have custody of the Children on Father's Day. F. Children's Birthdays: en the Children's birthdays in every year, the party who does not otherwise have custody of the Children on their birthdays under the regular custody schedule, shall be entitled to have custody of the Children on their birthday fran 6:00 p.m. until 9:00 p.m. G. 'Itle holiday custody schedule supersedes and takes precedence over the regular custody schedule. In years when the Mother's period of holiday custody over Easter falls on the Father's regularly scheduled monthly period of custody with the Children, the parties shall cooperate in rescheduling a Wednesday through Monday period of custody for the Father during the same month. It shall not be required that the parties reschedule the monthly regular period of custody for the Father when the Father's 'Itlanksgiving holiday period falls at the same time. 7. 'Itle parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this order shall control. / BY THE CXlURT, / ~(.'~ f/ ' \ Edgar B. Bayll1!y J. c:c: Philip H. Spare, Esquire - Counsel Catherine M. Salvador, Pro Sa for Father n \';Of)l'CS n1~ t.\:~L ~IICl/7P ~ '. In .:~ ;::. :!~. ..- '"(-, ^l)~.. . .lP-::.~'~ . :.~.) ') .' .<.>]-;. .....-.!:'? r~\tD \.,~~ .~ eg., ~ ,.. '0 \.l~\\ :..\- ; ',' UJjt\" '{:i:.' ,: \~) ..~ - ~, :::::::) -. -: 'roOD A. PERRY, . IN THE CXXlRT OF CX>>IMOO PLEAS OF . Plaintiff . CUMBERLAND COUN'l'Y, PENNSYLVANIA . . . vs. : NO. 95-1361 CIVIL TERM . . CATHERINE M. SALVADOR, . CIVIL ACTION - LAW . Defendant . CUS'rOOY . PRIOO JtJDGB: Edgar B. Bayley aJSTOOY CXH:n.IATIOO SlHIARY RBPCRT IN ACXX:IUlANCB WI'l'B ~ CXUf1'Y ROLE OP CIVIL l'R(, ""'.IRE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OP BIRTH a!RRPNrLy IN aJSTOOY OP Leah Regina Salvador Gabrielle Naani Salvador February 1, 1986 July 25, 1989 Mother Mother 2. A Conciliation Conference was held on June 11, 1998, with the following individuals in attendance: The Father's counsel, Philip H. Spare, Esquire, and the Mother, Catherine M. Salvador, who appeared at the Conference without counsel. The Father, who lives in Arizona, participated in the Conference by telephone. 3. The Father, who is remarried, currently resides primarily in Scottsdale, Arizona, but maintains a residence in Annville, PA for different periods of the year. The parties previously established custody arrangements by agreement, which was incorporated into an Order dated March 17, 1995. The Father filed this Petition for Modification as he now lives in Arizona for a significant portion of each year. 4. The parties agreed to entry of an Order in the fom as attached, with the exception of the provision governing Thanksgiving holiday custody. The Mother preferred to split both the Easter and ThanksgiVing holidays between the parties so that both parties would be able to spend time with the Children on those holidays. The Father wishes to alternate or to designate each of the holidays for one of the parties so that the Father can have sufficient time to transport the Children to Arizona for the holiday. It should be noted that the Mother objects to the Father having the entire ThanksgiVing holiday period of custody and would agree to split the Easter holiday, which under the proposed Order, is designated solely for Mother. Date 5. The Conciliator recOllll1ends an Order in the form as attached. ! ( /1.. J .!/ ' ..-:., ~'-",(..1,.y^--:J_ '.<<-.-.,', :-(C-&.--; Dawn S. Sunday, Esquire' CUstody Conciliator .JCf ,t' If I { r; 'i (I SNELBAKER. BRENNEMAN 8 SPARE ^ "Ron~~IONAL CORroMTION AITORNEYS AT ~W 44 WEST MAIN UREET RICHARD C. SNELBAJC.[R KEITH O. bRENNEMAN PHILIP H. SPARE MECHANICSBURG, PENNSYLVANIA 17055 11i'.fi01S528 r. o. bOX JI8 'AOIMILE (717) 6g7.7681 June 30, I; .. 1998 . ./~~Lf l! '"\' . ;1) L-1 (\J-{~ If) ,(1), /" The Honorable Edgar B, Bayley Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 R~ Perry v, Salvador " No, 95-1361 civil Term '_Custody of Minor Children - .----- " ''\ ) '~".....-.......- Dear Judge Bayley'f'-', ...u_ .....,' Our firm represents Todd A, Perry, the Plaintiff in the above referenced custody matter, I send this letter to correct an inaccurate statement contained in the June 11, 1998 Custody Conciliation Summary Report, For the record, my client wishes to make it clear that he is not "remarried" as set forth in Paragraph 3 of the Report, He is married, not remarried, -- ---~. Respectfully SUbmitted, f!JI~~ Philip H, Spare PHS!sz CC: Todd cc: A. Perry Catherine M, Salvador, pro se " ....1.~,'?..h"t.. 'l~"''''-''h'''''-~ ~T . ".,~>,,')-.(~':t.:. ~t .,:_.,,,,~,,,~~:(:,~j,f" . ' ,,' ... ~." ,\. 'l'::.~; . \-or l.".l" . . ~ > " > r' " ," ""~~i'i;.~";4W'. '" "~"1l< """"W ~,fbj~,.f"'*; 'Y r'-;'::~. 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BReNNEMAN & SPARE TODD A, PERRY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-1361 CIVIL TERM CIVIL ACTION - LAW Plaintiff v, CATHERINE M. SALVADOR, Defendant IN CUSTODY TO THE HONORABLE EDGAR B. BAYLEY: PETITION FOR EMERGENCY RELIEF REGARDING CONTEMPT OF COURT AND NOW, comes the Plaintiff/Petitioner Todd A, Perry, through his attorneys, Snelbaker, Brenneman & Spare, p, C" and avers as follows: 1, Paragraph 5 of the June 16, 1998 Order of Court in the above-captioned matter provides, in pertinent part: "During the summer school vacation every year, the Father shall have custody of the Children from June 22 through July 22 and from August 5 through August 23," 2, The June 16, 1998 Order of Court, a copy of which is attached hereto as Exhibit A and incorporated herein by reference thereto, does not provide a certain time of day or place for the August 5, 1998 exchange to take place, 3, By letter dated July 7, 1998, a copy of which is attached hereto as "Exhibit B" and incorporated herein by reference thereto, Petitioner's counsel suggested that Father pick-up the children on August 5, 1998 at 12:00 o'clock noon at 514 Lamp Post Lane in Hampden Township, L.AW OFFICES SNELBAI(ER. BRENNEMAN 6: SPARE 4, Defendant/Respondent, Catherine M, Salvador, did not respond to the letter from Petitioner's counsel dated July 7, 1998, 5, Respondent has failed and refused to comply with the June 16, 1998 Order of Court by failing to relinquish custody of the minor children, Leah Regina Salvador, born February 1, 1986 and Gabrielle Naomi Salvador, born July 25, 1988 pursuant to the June 16, 1998 Order of Court, 6, Petitioner purchased airline tickets for him and the children to travel from Harrisburg International Airport to Phoenix, Arizona during the afternoon of August 7, 1998, 7. Defendant/Respondent is in willful violation of this Court's Order dated June 16, 1998, WHEREFORE, Plaintiff/Petitioner, Todd A, Perry, respectfully requests your Honorable Court to enter an Emergency Order directing the Defendant/Respondent, Catherine M, Salvador to immediately relinquish custOdy of the minor children to Father as set forth in Paragraph 5 of the June 16, 1998 Order of Court, Respectfully Submitted, SNELBAKER, BRENNEMAN & SPARE, p, C, Date: August 6, 1998 By: 0D!Jb ;J:)L Ph\~'~'s~e, Esquire 44 W, Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff/Petitioner Todd A, Perry -2- TODD A. PERRY, , IN TIlE a:xJRT OF <nlMON PLEAS OF , Plaintiff , CUMBERLAND caJNTY, PENNSi'LVANIA , . . vs. , NO, 95-1361 CIVIL TERM , . CIVIL ACTION - LAW , CATHERINE M. SALVAOOR, , , Defendant . IN CUSTODY , auJm OF CXlJRT AND tof, this It. consideration of the attached and directed as follows: day of .......}lA..U~_ CUstody Conclliation , 1998, upon Report, it is ordered 1. The prior Order of this Court dated March 17, 1995 is vacated as to the custody provisions and is replaced by this Order. 2. The Father, Todd A. Perry, and the Mother, catherine M. salvador, shall have shared legal custody of Leah Regina Salvador, born February 1, 1986. and Gabrielle Naomi Salvador, born July 25, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well being including, but not limited to, all decisions regarding their health, education and religion. 3. The Mother shall have primary physical custody of the Children. 4. During the school year, the Father shall have partial physical custody of the Children beginning on the last Wednesday of each month at 6:00 p,m. through the following Monday at 9:00 a.m. 5. During the sunmer school vacation every year, the Father shall have custody of the Children from June 22 through July 22 and from August 5 through August 23. 6. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: In every year, the Mother shall have custody of the Children from the beginning of the holiday school break through Christmas Day at 4:00 p.m. In even numbered years, the Father shall have custody of the Children from Christmas Day at 4:00 p.m. through January 1 at 9:00 p.m. In odd numbered years, the Father shall have custody of the Children from Christmas Day at 4:00 p,m, through the evening of December 30 or morning of New Years Eve so that the ~lother can have custody of the Children in those years on New Years Eve and New Years Day. EXHIBIT A B. Easter: The Mother shall have custody of the Children every year over the Easter holiday and Easter break fran school. C. Thanksaiving: The Father shall have custody of the Children every year fran the Wednesday before Thanksgiving at 4:00 p.m. through the following Monday at 9:00 p.m. D. Presidents Day: In even numbered years, the Father shall have custody of the Children fran the Thursday before Presidents Day at 4:00 p.m. through the follOloling Monday at 9:00 p.rn" and in odd numbered years, the Mother shall have custody of the Children over the same holiday period. E. Mother's Dav/Father's Day: In every year, the Mother shall have CUStody of the Children on Mother's Day and the Father shall have custody of the Children on Father's Day. F. Children's Birthdays: 01 the Children's birthdays in every year, the party who does not otherwise have custody of the Children on their birthdays under the regular custody schedule, shall be entitled to have custody of the Children on their birthday fran 6:00 p.m. until 9:00 p.m. G. The holiday custody schedule supersedes and takes precedence over the l:'egular custody schedule. In years when the Mother's period of holiday custody over Easter falls on the Father's regularly scheduled monthly period of custody with the Children, the parties shall cooperate in rescheduling a Wednesday through Monday period of custody for the Father during the same month. It shall not be required that the parties reschedule the monthly regular period of custody fer the Father when the Father's ThanksgiVing holiday period falls at the same time. 7. The parties may modify the proVlslons of this Order by mutual agreement, In the absence of mutual agreement, the terms of this order shall control. BY THE OOURT, ~ ~"-, ~ , ar . Bayley 7<o~/b 1//'" J. ce: Philip H. Spare, ::Squire - Counsel for Father catherine M. salvador, ,Pro Se TRUE COpy FROM RECORD 1:1 :<-:;:;r;illny ''the/cct. I hen cnto ~:!l my hand .,no the sDal Clf !:aid Gou ill Giir:,s:c, ;:~, 'filr" -t-J... da 0 I v roOD A. PERRY, : m THE lDURT OF CXX1MOO PLEAS OF Plaintiff , CUMBER.L.M'D CClllN'lY, PENNSYLVANIA , : vs. , NO. 95-1361 CIVIL 'l'ERM , , , CA'l'HERmE M. SALVAOOR, . CIVIL ACTION - LAW , Defendant , CUSTODY . PRICR JUDGE: Edgar B. Bayley 1.;u:m.uI CXNCILIM'ICN SlHIARl( REPuu m ACCCQIlANCE wrm ClfIBE:RLAND CXXlN'l'I ROLE OJ! CIVIL ~ ""o'JRE 1915.3-8, the undersigned CUstody COnciliator submits the following report: 1. '!'he pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRl'B CDRRIiNl'Ly m UJ:>'J.UIJ~ OF Leah Regina Salvador Gabrielle Naomi Salvador February 1, 1986 July 25, 1989 Mother Mother 2. A Conciliation Conference was held on June 11, 1998, with the following individuals in attendance: '!'he Father's counsel, Philip H, Spare, Esquire, and the Mother, catherine M. Salvador, who appeared at the Conference without counsel. '!'he Father, who lives in Arizona, participated in the Conference by telephone. 3. '!'he Father, who is remarried, currently resides primarily in Scottsc:lale, Arizona, but maintains a residence in Annville, PA for different periods of the year. '!'he parties previously established custody arrangements by agreement, which was incorporated into an order dated Marctl 17, 1995. '!'he Father filed this Petition for Modification as he now lives in Arizona for a significant portion of each year. 4. '!'he parties agreed to entry of an Order in the form as attached, with the exception of the provision governing '!'hanksgiving holiday custody. '!'he Mother preferred to split both the Easter and Thanksgiving holidays between the parties so that both parties would be able to spend time wit.~ the Children on those holidays. '!'he Father wishes to alternate or to designate each of the holidays for one of the parties so that the Father can have sufficient time to transport the Children to Arizona for the holiday. It should be noted that the Mother objects to the Father having the entire '!'hanksgiving holiday period of custody and would agree to spli: the Easter holiday, which under the proposed Order, is designated soleI}' for Mother. 5. '!'he Conciliator recommends an Order in the form as attached. )L' . . - " I' I' , . " I -~..... .-""-..L<,.,' ,"'- Dawn S, Sunday, Esquire CUstody Conciliator Date EXHIBIT A .,., l ~ .~ ';,"'('. ~...-;" ;;~ ;.u: l'~j':)j"Ol ".If:.,J. :iJM:iC':Uln'Et\LTii OF F'[~l!;i,~',,:.-/;'.!; 1 i\: iJl.::-lTY ,.:jF (..Uf-iBEF:L.....Ur' ;~:hr';'i TCiLIL' A VS. ;t,L'It,~~fJn CAlilERlflE i'! __Ll3\~oilL.EJ;; L ~ . ------.-..-.- Sh0r~if or Deputy 51\eriff of CUl'!F--CRL/;Nr) Cuunt,'. Pt2Inn;';'iL\'~(:i::';. "bet bc'inr.;; duly ~~f'ilC',~n ~Jccording t.", i'W, ::.;aY8, ttlC' \.,.tthln ~JI'[JlLJ::nh r~.tthJU~n(,'{ r~F~LIEt~_~___._ '.;a5 ser'l€~d " ~ ')'1 __~:.6_LY/'rJlJILSd1.DifdiJ1LE,__1'i th€;l _i,',':'>(H.;.:Jn t; . :at 11 : -j~, liC!URS, (,n t.h(7' 0,+'Jl day of A u.,9JlsL._ .' 2;~ ,j;~ -~U.l1.ttE.~rl::'~Jd\1{t:__~.__._____.________ ~~'IP H~LL. PA 17011 _____..._____. ClI11i1ERLAND ':'un1:Y. f'ennsyl'J~r:l:J, bi' h..Jfld~rltJ t.:, ~AIJiJ:~R,IJLE i'i. SALVADOR :J tr!.IC~ 1nd atte.'Jt.:::d cupy rl,f the" _ pr;IJ:J"I~9N_FOE_~t1_f:r\QtJICY RELIEF. tog..?tlll.:'l" w1t.h CnHTr-:HPT~ C.Q.U.H~._QBIJ.tJ:~ OF COlill,I__~".!t-LCU:?;TqrL'L~_,_ ~Jrld ;'it tht., ~~dOl~ t.,1Tl11:;'~ dircctin<;1 li~:L att~?nf_iGn t,:< th.:- conl-2nt.c-; th'21''.::!oi. ~;h(Jr'.lff's Costs: Liock~lting C;.. 1"/1 r.."') Afiida.jlt S.;ur-Gha;-gJ? c".. ;'r'~ r""<~1 1 G. ~J0 a. ;:;.g .00 E~. [j{) IT. --:~~:-,,- " I> " ' .. s:r:: .5'"S---P~!!LL:' r }:. '.~}" f,r l'~ OB "(;:'1":": l:";';i 8;; ~~ -r~~"FGT:, ~ 7~ ~ ,- -..y.-...._.~--_._-.--_._- .l ::..: 1 \WL ;' ;'l '.~' nd '" t1 h :;';"..!'.:_ L ..:,' d t '1":1-. [I:..; a.- ._1._"':._ 'is' d. ,'. .,....., :1 "",. ::J :/ .; I ..' I tn :1 , , ~' " .J ";::{ ,. j ;/.., , , ;) " ~-.; ::'.) (:.~ c~ . " I i ., .: , -- , I I ~ , .'" , , .J U 8 p.; E i ~ <~~~ ~ ~..J":;;b~ lIJ ~ :to (/'J m t; ;; III 8 w )( z l.t4 >0 W ~ 0 Z ..v~VlOlQ~ .... ":i "0 . ~:;!~~i>:lil x <" 0"' " Q coc.. ~ ~ ; c: .. lLo ~ . , . .. MU" .OtltllL' ,,. CIII..'.It! niL' OHIWO. o:t'~1'rO"l1n"nw TODD A. PERRY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA , , v. : NO, 95-1361 CIVIL TERM CATHERINE H, SALVADOR, Defendant : CIVIL ACTION - LAW : IN CUSTODY DEFENDANT'S RESPONSE TO RULE TO SHOW CAUSE IN THE FORM OF AN ANSWER TO PETITION FOR EMERGENCY BELIEl!....REGARDING HOLIDAY YlSITATION AND NOW comes the Defendant/Respondent, Catherine H. Salvador, by and through her attorneys, Friedman and Friedman, P.C" and answers Plaintiff's Petition as follows: 1. Admitted, 2. Admitted. 3. It is admitted that the Petitioner is currently residing in Scottsdale, Arizona with his wife, Carrie Perry, After reasonable investigation, the Respondent is wit~out knowledge or information sufficient to form a belief as to the truth of the averment that at the time of the filing of the Petition, Carrie Perry was having difficulties in her pregnancy. The averment-is therefore denied, and proof thereof is therefore demanded, 4, It is admitted that the Petitioner had made arrangements for the children to travel unaccompanied by air, with a change of planes in Pittsburgh for the Thanksgiving holidays, After reasonable investigation, the Respondent is without knowledge or information sufficient to form a belief as to the truth of the averment regarding connecting flights and escort by representatives of us Air, and the averments are therefore denied, and proof thereof is therefore demanded, 5, Admitted, 6, It is denied that the Respondent has failed to reasonably cooperate with Petitioner's efforts to exercise his visitation rights under the Order of June 16, 1998, and proof thereof is therefore demanded, By way of further answer, it is averred that there have been a number of instances in which the Petitioner has not complied with the Order, and the Respondent did not petition this Honorable Court due to Petitioner's failures, including: A, Under the Order of June 16, 1998, the Petitioner was to have custody of the children from June 22 through July 22. Regardless of the Order, the Petitioner did not return the children until July 23, and the Petitioner did not bother to communicate with the Respondent that the children would not properly be returned on July 22. B, Under the Order of June 16, 1998, the Petitioner was to have partial physical custody of the children beginning on Wednesday, October 28, 1998, at 6:00 p,m, through Monday, November 2, 1998, at 9:00 a,m, Regardless of the Order, the Petitioner did not exercise his visitation, nor did he directly communicate with the Respondent to warn her of his failure to do so, C, During the Thanksgiving 1998 visitation exercised by the Petitioner, despite the agreement between the parties that the Petitioner would return the two minor children to their home at the completion of the visitation, the Respondent was required to travel to the airport to pick up the two minor children. While the Respondent certainly does not have any problem with picking up her daughters at the airport, notice of her requirement to do so was given less than 24 hours from the date of pick up, and only by way of a call from the parties' 12 year old daughter. By way of further answer, it is averred that the Respondent has agreed, at the Petitioner's request, to alterations of the Petitioner's visitation schedule under the Order, including the upcoming Christmas holiday, which the Petitioner has requested that the paternal grandmother be allowed to pick up the children a day later than required by the Order, It is specifically denied that the Respondent has refused to respond to Petitioner's electronic mail communications, and proof thereof is therefore demanded, It is admitted that having been given less than 48 hours notice of the Petitioner's plan to have the parties' 12 year old and 9 year old daughter.s travel by air from Harrisburg, Pennsylvania to Phoenix, Arizona, which flight required a stop-over and change of plane, the Respondent did not express her agreement with those travel plans, By way of further answer, any averment that the Petitioner was required to seek Order of Court in order to exercise his visitation rights at Thanksgiving of 1998 are denied, and proof thereof is therefore demanded. 7, It is specifically denied that the Respondent failed and refused to comply with the June 16, 1998 Order of Court by failing to relinquish custody of the children on August 5, 1998, and proof thereof is therefore demanded, By way of further answer, it is averred that the Order of June 16, 1998, states in pertinent part that "During the summer school vacation every year, the Father shall have custody of the Children from June 22 through July 22 and from August 5 through August 23," By way of further answer, it is averred that due to a weekend visit between the children and their maternal grandparents, their uncle, who then resided in Caen, France, and a cousin from New York, which visit was ending the evening of August 5, 1998, the Respondent did communicate with the Petitioner and did leave a message requesting that he pick up the children on the morning of August 6, 1998, By way of further answer, it is averred that on the evening of August 5, when the children and their grandparents arrived home, the Petitioner was present and there was an altercation between the parties, resulting in serious emotional distress of the older child who witnessed a physical confrontation between the parents, By way of further answer, it is averred that, at that point, the Petitioner did depart the premises and did return on the morning of the 6th with a Court Order to pick up his children, By way of further answer, it is averred that there was no need for the Court Order, and it is further averred that the Respondent's actions were not unreasonable and did not force the Petitioner to file a Petition for Emergency Relief resulting in an Order of Court dated August 6, 1998. It is further averred that it was understood between the parties that the Petitioner was going to pick up the children on the morning of the 6th, after the children had calmed down, 8, It is specifically denied that the Respondent has a pattern of failing and refusing to reasonably abide by the terms and conditions of the June 16, 1998 Order of Court, and proof thereof is therefore demanded, It is specifically denied that the Respondent is acting in a fashion which could be considered to be obdurate, vexatious, and/or dilatory, and proof thereof is therefore demanded, 9, After reasonable investigation, the Respondent is without knowledge or information sufficient to form a belief as to the truth of Petitioner having incurred counsel fees, and proof thereof is therefore demandad, It is specifically denied that the Petitioner has incurred reasonable counsel fees as a result of any action on the part of the Respondent, and proof thereof is therefore demanded, VERIFICATION I, Catherine H, Salvador, hereby acknowledge that I am the Defendant in the foregoing action; that I have read the foregoing Defendant's Response To Rule To Show Cause in the Form of an Answer To Petition For Emergency Relief Regarding Holiday Visitation; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa, C.S, Section 4904, relating to unsworn falsification to authorities, fk.~:'s?:~~~ Dated: ~~,ql{t7f TODD A, PERRY, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 95-1361 CIVIL TERM v. , , CATHERINE M. SALVADOR, Defendant : CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, John F, King, Esquire, hereby certify that on December 9, 1998, I served a copy of the within Defendant's Response To Rule To Show Cause in the Form of an Answer To Petition For Emergency Relief Regarding Holiday Visitation, by fax transmission to (717) 697-7681, and by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Philip H, Spare, Esquire Snelbaker, Brenneman & Spare, P,C, 44 West Main st, p, 0, Box 318 Mechanicsburg, PA 17055 p,C, I , TODD A. PERRY, , IN THE COURT OF COMMON PLEAS OF , plaintiff , CUMBERLAND COUNTY, PENNSYLVANIA , . , v. NO, 95-1361 CIVIL TERM CIVIL ACTION - LAW CATHERINE M, SALVADOR, , , Defendant IN CUSTODY ORDER AND NOW; this ~ day of November, 1998, in consideration of Plaintiff's Petition For Emergency Relief, Defendant/Respondent Catherine M, Salvador is ORDERED to relinquish custody of the minor Children to Rick Mailey on Wednesday, November 25, 1998 at 4:00 P,M, at 514 Lamp Post Lane, camp Hill (Hampden TownShip), Cumberland County, Pennsylvania for purposes of having the Children travel to Arizona via U, S, Air for the Thanksgiving Holiday with Father, ~;? , . BY THE 'co', RT ~/ LAW OFFICES SNELBAKER. BRENNEMAN a SPARE tr ~i .s{.. {~ .~ . ,~ j' ,'. i '. ;':')::;.<,., - ,'.,., "V "', .r; ':U;y E!f.i 1:1;', ~ 'II ;"'; .. .{&;''':(:'." ... '., ':';~::<-.t7~;~~.. -". "04' . ',.... l..:}/'.J ~U ~ ,- 4. Petitioner has made arrangements for the children, Leah Regina Salvador, age 12 (OOB: 2/1/86) and her sister, Gabrielle Naomi Salvador, age 9 (OOB: 7/25/89) to travel to Scottsdale, Arizona via U. s. Air from Harrisburg International Airport on Thanksgiving morning November 26, 1998 at approximately 8:00 A.M. and fly to Pittsburgh, F~nnsylvania where the Children will be escorted by a representative of U. s. Air to their flight from Pittsburgh to Phoenix, Arizona. 5. Petitioner has made arrangements with his father-in- law, Rick Mailey, of 111 Park View Road, New Cumberland, Pennsylvania to pick-up the Children from their residence at 514 Lamp Post Lane, Camp Hill, Pennsylvania on Wednesday, November 25, 1998 at 4:00 P.M. pursuant to the Order of Court referenced hereinabove. 6. Petitioner's efforts to obtain Respondent's reasonable cooperation in this matter have failed. Respondent has refused to respond to Petitioner's electronic mail communications. On Monday, November 23, 1998 Petitioner spoke with Respondent who refused to agree to the plan described above for Petitioner to visit with his children over this Thanksgiving Holiday. LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE 7. In August of 1998, Respondent failed and refused to comply with the June 16, 1998 Order of Court by failing to relinquish custody of the Children on August 5, 1998. -2- Respondent's unreasonable actions at that time forced Petitioner to file a Petition For Emergency Relief Regarding Contempt of Court with this Court resulting in an Order of Court dated August 6, 1998, a copy of which is attached hereto as Exhibit B and incorporated herein by reference. 8. Respondent's pattern of failing and refusing to reasonably abide by the terms and conditions of the June 16, 1998 Order of Court are obdurate, vexatious and dilatory. 9. Petitioner has incurred reasonable counsel fees in his pursuit of having physical custody of the Children pursuant to the terms of the June 16, 1998 Order of Court. WHEREFORE, Petitioner, Todd A. Perry, respectfully requests your Honorable Court to enter an Emergency Order directing the Oefendant/Respondent, Catherine M. Salvador, to relinquish custody of the minor Children to Rick Mailey on Wednesday, November 25, 1998 at 4:00 P.M. for purposes of having the Children travel to Arizona via U. s. Air as explained in the foregoing Petition. Further, Petitioner requests that Respondent be responsible for payment of his reasonable attorney's fees incurred in the preparation and filing of the two Emergency Petitions which have now been required to effect L.AW OFFICES SNELBAKER. BRENNEMAN 8: SPARE -3- ! i , I ~' r, i i, i , I ! I r f TODD .\. PERRi' I ': IN'mE CXX1R'r OF CXHIOO ?LW OF ?lain tiff . CtlMBfJU.AND CCXlN'1Y, PENNSl'LVANIA . . . vs. . 00. 95-1361 CIVIL TERM . . CIVIL ACTION - LAW . CATIlERINE ,"'. SALVAOOR, . . Defendant . IN CUsroDY . CRDER OF CXlIR'r AND tOI, this It. consideration of the attached and directed as follOl.ls: day of ..... J/A...us;'_ CUstody Conc1J.iation , 1998, upon Report, it is ordered 1. The prior Order of this Court dated March 17, 1995 is '/acated as to the custody provisions and is replaced by this Order. 2. The rather, Tcdd A. Perrz' , and the Mother, Catherine M. Salvador, I shall have shared legal custody of Leah Regina Salvador, born rebruary 1, i 1986, and Gabrielle Naomi salvador, born July 25, 1989. Each parent shall I have an equal right, to be exercised jointly with the other parent, to make I all ma jor non~mergency decisions affecting the Olildren' s general well i being including, but not limited to, all decisions regarding their health, I education and religion. , I 3. The Mother shall have primary physical custody of the Children. 4. During the school year, the rather shall have partial physical custody of the Children beginning on the last Wednesday of each IICnth at 6:00 p.m. through the following Monday at 9:00 a.m. 5. During the Slllllner school vacation every year, the rather shall have custody of the Children from June 22 through July 22 and fran .\ugust 5 through August 23. 6. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: In every year, the Mother shall have :ustody of the Children fran the beginning of the holiday scr:ool break through Christmas Day at 4:00 p.m. In even numbered years, the rather shall have custody of the Children from :hristmas Day at 4:00 p.m. through January 1 at 9:00 p.m. In odd numbered years, the rather shall have custody of the Children frcm Christmas Day at 4:00 p.m. through the e\'ening of December 30 or mornino of New Years Eve so that the :':other can have ::ustody of the Children in ::hose years on New 'tears Eve and ::ew "{ears Jay. EXHIBIT A a. Easter: The Mother shall have CUStOdy of the Children every year over the Easter holiday and Eaater break frcm school. C. Thanksoivino: The Father shall have custOdy of the Chilci..~n every year fran the l'leclnesday before Thanksgiving at 4:00 p.;:I. through the follOl.ling Monday at 9:00 p.m. D. Presidents Dav: In even ntlIICered years, the Father shall have CUStOdy of the Children !ran the Thursday before Presiden:s Day at 4:00 p.m. througn the following ~day at 9:00 ".;:1., and in odd numbered years, the Mother shall have CUStOdy :Jf the Children over the same holiday period. E. Mother's Dav/Father's Day: In every year, the Mother shall have CUStOdy of the Children on MOther's Day and the Fat.'ler shall have custody of the Children on Father's Day. r. Children's 8irthdavs: Ch the Children's birthdays in every year, the party who does not Othetvise have custody of the Children on their birthdays under the reqular CUStody schedule, shall be entitled to have custody of the Children :n their birthday fran 6:00 p.m. until 9:00 p.m. G. The holiday custody schedule supersedes and takes precedence over the :'egular custody schedule. In years when the Mother's period of holiday custody over Easter falls on the Father's regularly scheduled monthly period of custody with the Children I the parties shall cooperate in rescheduling a Wednesday through Monday period of custody for the Fat.':er during the same month. II: shall not be required that the parties reschedule the monthly regular period of custody fc:' the Father when the Father's Thanksgiving holiday t'Eriod falls at the same time. 7. The parties may modify the previsions of this Order by mut::al aareement. In the absence of mutual agreement, the terms of this OrCer shall control. BY THE <IlUR'l', ~~~Ig . gar . 3ayley J<O'LIL,.. VO J. cc: Philip H. Spare, ::Squire - Counsel for Father Catherine ~. Salvador, Pre Se TRUE COpy FROM RECORD I., ~~:;:i:;.:)ny \.hereof. I hen eNo ~:: jiiy ~3nd .~na the sual (,1 ~id Gou I ill r.ur:;~:i!, ~;;., 'fOls t-J.. capo ~. i9~ .., ,... -",. . /,...,...... I ProlhonolJry '~ ::"'''~'''.' ,.- , PERRY, . IN THE CXlIR'r OF ~ ?LEAS OF .... . Plaintif~ . Q:ll1BERLANo CXXJNT:{, Pam5YL VANIA . . . '.Is. . 00. 95-1361 CIVIL TERM . . . c:.TIlERINE ~. SAL VAOOR, . CIVIL AC'Z'ION - I'..AW . Defendant . aJ~ . PRICI{ JUDGE: ~ar 8. Bayley ~;nAJi cxu:nIM'ICN ~ R&uu IN ACD:lUJANC:E \lII'l'B aImERr.ANo CDmT RDr.E OP CIVIL PRO ~. (JHE 1915.3-0, the undersigned CUstody Conciliator submits the fOllowing repor:: 1. The pertinent infom.ation concerning t:.'1e Children who are ~':e SUbjects of this litigation is as follows: NAME - DATE OF BIRm ~ IN 1,;U,:lJ.UJr OF Leah Regina salvador Gabrielle Naomi salvador February 1, 1986 July 25, 1989 Mother Mother 2. A Conciliation Conference was held on June 11, 1998, with t:.':e follOl./ing individuals in attendance: The Father's c:cunsel, Philip :i. Spare, Esquire, and the Mother, Catherine M. salvador, who appeared at the Conference without counsel. The Father, who lives in Arizona, partiCipated in the Conference by :elephone. 3. The rather, who is remarried, currently resides primarily in Scottsdale, Arizona, but maintains a residence in Annvi11e, PA fer different periods of the year. The parties previously established cust~. arrangements by agreement, which was incorporated into an Order dated Mar:.:: li, 1995. The rather filed this Petition for Modification as he nOl./ li\'es in Arizona for a significant POrtion of each year. 4. The parties agreed to entry of an Order in the form as attached, with the exception of the proVision governing ThanksgiVing holiday cust~.. The Mother preferred :0 split both the Easter and Thanksgiving holich~'! between the parties so that both parties would be able to spend time \{i~': the Children on those holidays. The Father wishes to alternate or ::: designate each of the holidays for one of the parties so that the Father can have sufficient time to transport the Children to Arizona for the holiday. It should be noted that the Mother objects to the :'ather havi::; the entire Thanksgiving holiday period of custody and would agree to spl=.: the Easter holiday, which under the proposed Order, is deSignated soleI::' for Mother. 5. The :onciliat::r reCOfmlen::s an Order ,in the ~:::::! as attached. JL, , " I: , -.:""-' ,-....:........:.4.- ' I",.. Dawn .s. Sunda~', E:squ1re CUsto&l :onc~!iator Date ;::-:EI3rr .-\ TODD A. PERRY, :1 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1361 CIVIL TERM CIVIL ACTION - LAW v. CATHERINE M. SALVADOR, Defendant : IN CUSTODY OROER ANO NOW, this lo ,"I day of ....D.ll'(J I~-l ,1998, in Petition For Emergency Relief consideration of Plaintiff's I Regarding Contempt of Court, Defendant/Respondent Catherine M. Salvador is OROERED immediately to relinquish custody of the minor children to Father as set forth in Paragraph 5 of the June 16, 1998 Order of Court. BY THE COURT: 151 rC'rI~o..r .8>, ~Qu.} J. TRUE COpy FROM RECORD In Testimony whereof, I hare unto set my hana and the ~elll of said Court al Carlisle, ~8 This lI.~' daY[{f ~ ' ~ \ ,.\(', l"\i ....'C.'Vl . . Prothonotary LAW "t"lce. SNELBAKEA. 8REN:IlEMAN a SPA.RE EXHIBIT B No" 24 98 07134" Todd A, Perr~ 602-595-7609 p,l Nnv-?4-Qa n9:"'A^ SN~'A^t(ER rU~I.NurMi\N ~'.AAr.:: 717 til.J/ IbHI I ~ , :1 r ...,Ul> VBRIFICATION T verify that the statements made in the foregoing Petition are true and correct, r understand that falso statements herein lire mad.. subject to the penalties of 18 l'elI, C.S. 54904 relating to unsworn falsification te c- authorities. ::::::J " o;-.::.~"'-'-::: _____ I ::::"., Date: NeveNbe~,( 1998 ".. 0"",".. ''''LIA..." HlIlICH........'W a s,uc CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Petition to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAIO. AOORESSEO AS FOLLOWS: Keith B. DeArmond, Esquire OeArmond and OeArmond 2800 Market Street Camp Hill, PA 17011 Catherine M. Salvador 514 Lamp Post Lane Camp Hill, PA 17011 ~~ESqUire SNELBAKER, BRENNEMAN & SPARE, P. c. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Todd A. Perry Oate: November 24, 1998 LAW apPlel. SNELBAKER. BRENNEMAN a SPARE Q ;.;.1 0 ~ <':'0 I , -t. -~i :;] :n [' ...... : i1 '. : r'. . ~,.) Jrn ':IQ -':0 :~.. ;:j~ , ~ .'-1'-:1 i-~:' --, :,) ~. ~ ~) (0 -<: TODD A. PERRY, PLAINTIFF V, CATHERINE M, SALVADOR, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-1361 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of February, 1999, Catherine M, Salvador Is awarded $250 toward her counsel fees from Todd A, Perry. Said payment shall be made not later than thirty (30) days from this date. By the coytt, / Ii : Philip H, Spare, Esquire For Plaintiff John F, King, Esquire For Defendant e.~~ /W....d,.( .:J,.:JG. 99 '-/......' :saa I' ; TODD A. PERRY, PLAINTIFF V, CATHERINE M, SALVADOR, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA 95-1361 CIVIL TERM CORRECTED ORDER OF COURT AND NOW, this 3rd day of March, 1999, the order entered on February 25, 1999, being in error as to the payor and payee of the counsel fees, that order Is vacated and replaced with this order. Todd A. Perry Is awarded $250 toward his counsel fees from Catherine M. Salvador. Said payment shall be made not later than thirty (30) days from February 25, 1999, / By the Court,/~/ / I Philip H. Spare, Esquire For Plaintiff John F, King, Esquire For Defendant :saa ;Oo-/.t'a: m~; Lr.cL J/J!9r; ~ TOOO A, PERRY PLAINTIFF V, CATHERINE M, SAL V AOOR OEFENOANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 95-1361 CIVIL ACTION LAW IN CUSTODY ORDER OF COlIRT AND NOW, Thursday, July 12. 2001 , upon consideration of the allached Complaint, it is hereby directed that parties and their respective counsel appear belbre Dawn S, Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanlcsburg, PA 17055 on Wednesday, August 15. 200t at 9:30 a.m, for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and 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 b'TOunds 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: 151 Dawn S. Sunday. E5q~ 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 infonnation about accessible fllcilities 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 allend 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 2 Liberty A venue Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 .{~~r . .;tF\~_r~~.~:~-;~-;. 'tft.': y~ . . . 5 JUL 0 ~ 2001 k-JV\ " TODD A, PERRY, Plaintiff : [N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V AN[A : NO: 95-\361 CIVIL TERM : CIVIL ACTION - LAW : CUSTODY OF MINOR CH[LDREN vs, CATHERINE M, SALVADOR, Defendant ORDER AND NOW, this day of ,2001, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator. at , Carlisle, Pennsylvania, on the day of , 200 I, at o'clock _,M, for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and 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, FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE, [F YOU DO NOT HA VE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F[ND OUT WHERE YOU CAN GET LEGAL HELP, LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Cumberland County Bar Association 2 Libcrty ^ venue Carlisle. Pennsylvania 170 \3 (717) 249-3166 TODD A, PERRY, Plaintiff : IN TI-IE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, CATHERINE M, SALVADOR, Defendant : NO: 95-1361 CIVIL TERM : CIVIL ACTION - LAW : CUSTODY OF MINOR CHILDREN PLAINTIFF'S PETITION FOR MODIFICATION OF JUNE ]6, 1998 CUSTODY ORDER AND NOW, comes the Plaintill: Todd A, Perry, by his attorneys, Snelbaker, Brenneman & Spare, P,C" and files the within Petition as follows: \, Petitioner is Todd A, Perry, Plaintiff-Father ("Father') in the above-captioned custody action, Father currently lives at 10090 East Sundance Trail, Scottsdale, Arizona, 2, Respondent is Catherine M, Salvador, Defendant-Mother ("Mother") residing at 514 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania, 3, Plaintiff seeks modilication of the June 16, ]998 Order of Court involving the following children: NAME PRESENT RESIDENCE AGE 15 (DaB: 2/1/86) Leah Regina Salvador 5] 4 Lamp Post Lane Camp Hill, Pennsylvania Gabrielle Naomi Salvador 514 Lamp Post Lane Camp Hill, Pennsylvania I] (DaB: 7/25/89) 4, The current Custody Order dated June 16, 1998 was based upon an Agreement of the parties reached at a Conciliation Conference held June II, 1998 before Dawn S, Sunday, LAW O"ICES SNELOAKER. BRENNEMAN a SPARE Esquire, Custody Conciliator, Pursuant to said Order, Mother and Father share legal custody; Mother has primary physical custody and Father has partial physical custody, A true and correct copy oflhe June ]6, ] 998 Order of Court is uttached hereto as Exhibit "A" and is incorporated herein by reference, 5, Father resides with his wife, Carrie Perry and their two children, Samantha Ann Perry (DaB: 12/1/98) and Payton Marie Perry (DaB: 10/3/00), 6, Mother currently resides with Leah and Gabrielle (the two children at issue in this matter) Presley Christina, a daughter (DaB: 11/18/92), and Cassidy Nicholas, her son (DaB: 12/13/93), 7, The best interests and permanent welfare of the children will be served by grunting the relief requested because Father will provide a loving, nurturing and wholesome home environment for the children which their Mother cannot provide, WHEREFORE, Petitioner Todd A, Perry respectfully requests your Honorable Court to grant him sole custody of the Minor Children subject to supervised visitation with Mother, Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P,C, By: ilip ,Spa ,Esquire 44 West Main Street 1',0, Box 318 Mechaniesburg.PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff-Petitioner, Todd A. Perry Date: July 3 .2001 -2- TODD A. PERRY, : IN THE CXlURT OF cnIMal PLEAS OF Plaintiff . CtlMBERLAND COON'l'Y, PENNSYLVANIA . . . vs. . NO. 95-1361 CIVIL TERM . . CIVIL ACTION - LAW . CATHERINE M. SALVADOR, . . Defendant . IN CUSTODY . aUlER OF CXlURT AND t<<:M, this It. consideration of the attached and directed as follOl./s: day of ~lA..ufOr CUstody Conc liat on Report, , 1998, upon it is ordered 1. The prior Order of this Court dated March 17, 1995 is vacated as to the custody provisions and is replaced by this Order. 2. The Father, Todd A. Perry, and the Mother, Catherine M. Salvador, shall have shared legal custody of Leah Regina Salvador, born February 1, 1986, and Gabrielle Naomi Salvador, born July 25, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non~mergency decisions affecting the Children's general well being including, but not limited to, all decisions regarding their health, education and religion. 3. The Mother shall have primary physical custody of the Children. 4. During the school year, the Father shall have partial physical custody of the Children beginning on the last Wednesday of each month at 6:00 p.m. through the following Monday at 9:00 a.m. 5. During the sunmer school vacation every year, the Father shall have custody of the Children from June 22 through July 22 and from August 5 through August 23. 6. The parties shall, share or alternate having custody of the Children on holidays as follows: A. Christmas: In every year, the Mother shall have custody of the Children from the beginning of the holiday school break through Christmas Day at 4:00 p.m. In even numbered years, the Father shall have custody of the Children from Christmas Day at 4:00 p.m. through January 1 at 9:00 p.m. In odd numbered years, the Father shall have custody of the Children from Christmas Day at 4:,00 p.m. through the evening of December 30 or morning of New Years Eve so that the Mother can have custody of the Children in those years on New Years Eve and New Years Day. EXHIIIIT A (Pag" I of 3) B. Easter: The Mother shall have custody of the Children every year over the Easter holiday and Easter break from school. C. Thanksgiving: The Father shall have custody of the Children every year fran the Wednesday before Thanksgiving at 4:00 p.m. through the following Monday at 9:00 p.m. O. Presidents Day: In even nlllllbered years, the Father shall have custody of the Olildren from the Thursday before Presidents Day at 4:00 p.m. through the following Monday at 9:00 p.m., and in odd nlllllbered years, the Mother shall have custody of the Children over the same holiday period. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Chirdren on Mother's Day and the Father shall have custody of the Children on Father's Day. F. Children's Birthdays: en the Children's birthdays in every year, the party who does not otherwise have custody of the Children on their birthdays under the regular custody schedule, shall be entitled to have custody of the Children on their birthday from 6:00 p.m. until 9:00 p.m. G. The holiday custody schedule supersedes and takes precedence over the regular custody schedule. In years when the Mother's period of holiday custody over Easter falls on the rather's regularly scheduled monthly period of custody with the Children, the parties shall cooperate in rescheduling a Wednesday through Monday period of custody for the Father during the same month. It shall not be required that the parties reschedule the monthly regular period of custody for the Father when the Father's Thanksgiving holiday period falls at the same time. 7. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the ter:ms of this Order shall control. BY THE CDURT, ~a~~e~ cc: Philip H. Spare, Esquire - Counsel for Father Catherine M. Salvador, Pro sa 1<cu'b (/ J. TRUE COPY FROM RECORD In ;e,r.rirljllny \~herool. I here unto sel my hand and tho soal 01 said Cou at Car!is!c, ?a, Thl -I-J... da 0 19 r EXHIBIT A (Page 2 of 3) Prothonotary moo A. PERRY, . IN THE COURT OF COMMOO PLEAS OF . Plaintiff . CUMBERLAND COUNT:l, PENNSYLVANIA . . . vs. . NO. 95-1361 CIVIL TERM . . . CATHERINE M. SALVADOR, . CIVIL ACTION - LAW . Defendant . CUSTODY . PRIOO JUDGE: Edgar B. Bayley UJ.:)',l\JUf CXH::ILIATIOO &JllMARr REPUa: IN ACXXIUlANCE wrm aImERLAND CXXIN'.1Y RULE OF CIVIL PRO<~' <mE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME - DAm OF BlRl'H aJRRFNl'LY IN CDS'roDY OF Leah Regina Salvador Gabrielle Naomi Salvador February 1, 1986 July 25, 1989 Mother Mother 2. A Conciliation Conference was held on June 11, 1998, with the fo1101./ing individuals in attendance: The Father's counsel, Philip H. Spare, Esquire, and the Mother, Catherine M. Salvador, who appeared at the Conference without counsel. The Father, who lives in Arizona, participated in the Conference by telephone. 3. The Father, who is remarried, currently resides primarily in Scottsdale, Arizona, but maintains a residence in Annvi11e, PA for different periods of the year. The parties previously established custody arrangements by agreement, which was incorporated into an Order dated March 17, 1995. The Father filed this Petition for Modification as he nOl./ lives in Arizona for a significant portion of each year. 4. The parties agreed to entry of an Order in the form as attached, with the exception of the provision governing Thanksgiving holiday custody. The Mother preferred to split both the Easter and Thanksgiving holidays between the parties so that both parties would be able to spend time with the Children on those holidays. The Father wishes to alternate or to designate j3ach of the holidays for one of the parties so that the Father can have sufficient time to transport the Children to Arizona for the holiday. It should be noted that the Mother objects to the Father having the entire Thanksgiving holiday period of custody and would agree to split the Easter holiday, which under the proposed Order, is designated solely for Mother. 5. The Conciliator recOlll1lE!nds an Order in the form as attached. , Date ) l...', ,~' 1/ f (', ,', j , , / ! rc I.... ,{ .. " .-'"""""""',- . <.-,-. ~. (;1.-, Dawn S. Sunday, Esquire CUstody Conciliator EXHIBIT ^ (Pagd 3 of 3) Todd Perr~ 14001 408-7754 Jul-02-01 lO,19A SNELBAKER BRENNEMAN AND 5 717-697-7681 p.6 P.04 YERIFIC ATlON I verify that Ill; ststemenls made in Ute foregoing Plaintin"s Pelilion for Modifleslinn of June 16. 19'18 CUSlody Order are lrUe and cnrrecl. I WIlIersland Lhat false sWlements herein arc made subject tn the penalties of I H Pa, c.s. ~ 4904 relating 10 un,'worn I'alsificslinn 10 aulhoritics. ---==:-1 e>dY. ~ > .--- - . .-<'C..~ Todd A, Pprr-- - =- Dale: 1(3 .2001 tAW OI".en SHn"-II1t. O.....Nr...... e_ CERTIFICATE OF SERVICE I, PHILIP H, SPARE, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Plaintiff's Petition for Modification of June 16, 1998 Custody Order to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: John F, King, Esquire Friedman & King, P,C, 600 North Second Street P,O, Box 984 Harrisburg, PA 17/08 Philip H, Spare, squire Snelbaker, Brenneman & Spare, P,C, 44 West Main Street P,O, Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Allomeys for Plaintiff-Petitioner, Todd A, Perry Date;JOt~ 3, 2001 . ~~~ ~~ ~ ~ "'" lI\ Hal , ~~ ~iS!~ :tl ~I !l 4l = . rIl ~ ~~M~ ,] . <<Il1il,~ ~ ~ ~~ ...c 'l.:l!: a<<l..-~ ~ ~f~ me. .8 ~j~~1 :E d~ e. I ;ifiil~ . < :l!: ~ . . ~' . . . -- . AUG:2 01001 ( \ {, \ vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-\361 CIVIL TERM TODD A, PERRY, Plainti ff CATHERINE M, SALVADOR, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this -2/3 day of \.;'!t.~-----, 2001, upon consideration of the attached Custody Conciliation Report it is ordere and directed as follows: 1. The prior Order of this Court datcd August 10,2001 shall continue in effect, 2, Pcnding completion of the custody evaluation and resolution of the Father's Complaint seeking primary physieal custody, the Mother shall initially have temporary partial physical custody of the Children every Tuesday from 5:00 p,m, until 9:00 p,m, and every Sunday from 1 :00 p,m, until 8:00 p,m" beginning August 19, 200 I, In addition, the Mother shall have custody of the Children on Labor Day from 5:00 p,m, until after the fireworks and on Thanksgiving Day from 4:00 p,m, until 10:00 p,m, Unless agreed otherwise, the party receiving custody of the Children shall provide transportation for the exchange of custody, 3, The Father shall have custody of the Children from Thursday, October 4, 2001 through Sunday, October 7, 2001 so that the Children can attend their uncle's wedding, The Mother shall be entitled to make up the missed period of custody on October 7 on either the preceding or following Saturday, as arranged by agreement. 4. The parties shall ensure that the Children continue in their course of counseling with Elaine Rissinger or other counselor selected by agreement of the parties, The parties shall follow any recommendations provided by the counselor concerning interim partial custody arrangements for the Mother pending completion of the evaluation, The parties shall also follow the recommendations of the counselor as to the frequency of counseling sessions and the participation of each family member. The parties shall ensure that the Children are made available for all counseling sessions, The parties shall equally share all costs of counseling, 5, The parties shall contact the office of Arnold Shienvold, PhD., or other professional selected by agreement of the parties, within one week of the date of the Custody Conciliation Conference in order to schedule each party's first appointment for the evaluation, The Father shall be rcsponsible to pay all costs of the evaluation, In the event the parties are unable to obtain recommendations concerning interim partial custody arrangements from the Children's counselor for ~ any reason, the parties shatl obtain interim recommendations from the evaluator, if deemed appropriate by the evaluator, 6, Counsel for either party may contact the Conciliator within 60 days of receipt of the evaluator's written custody recommendations to schedule an additional Custody Conciliation Conference irthe parties are not able to resolve atl issues at that time by agreement. 7. This Order is entered pursuant to an agrecment 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 teons orthis Order shatl control, -'" BY THE COURT, " I~/ (\. ~~ EdgarB,BayU:y, ~ ce: Philip H, Spare, Esquire - Counsel for Father John F. King, Esquire - Counsel for Mother ~~."o, ~.~ o . -,' TODD A. PERRY, PLAINTIFF V. CATHERINE M. SALVADOR, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 95-1361 CIVil TERM ORDER OF COURT AND NOW, this 10 day of August, 2001, the pelltion of Todd A. Perry for emergency relief, IS GRANTED, The custody order of June 16, 1998, is vacated and replaced with this order: (1) Todd A. Perry shall have temporary physical custody of leah Salvador, born February 1,1986, and Gabrielle Salvador, born July 25,1989, (2) The parents forthwith shall have a custody evaluation completed. (3) The current custody conciliation conference scheduled for August 15, 2001, shall address a temporary phYSical custody order for the mother pending a resolution of the father's complaint seeking primary physical custody, (4) After the custody evaluation is completed there shall be a second conciliation conference in an effort to reach a final order by agreement. If there is no agreement this court will schedule a hearing on the merits, By the Court, / Y ,/ .~/ ,/ I> / ' ( ". y / . . VltNi;1kc;i~\~d lI'l"('~' ..., '. ,^' \-""1"" (''-1.\'.\ \'.1. '.. ':;1 1'0..1 n': ~n' ~ ' 0\ :JIll \ ','1 - Philip H. Share, Esquire For Plaintiff John King, Esquire For Defendant Dawn S, Sunday, Esquire Custody Conciliator :saa