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~i IN THE COURT OF COMMON PLEAS I~
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RHONDA L. MAESTAS
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GARYJ. MAESTAS
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DECREE IN
DIVORCE
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AND NOW, ... .t\/>~~{:'t>".1. ,~",.... 1996...,. it is ordered and
decreed that", Rhonda, L.., Maestas"", "",..""".,.....,'. plaintiff,
and,."", ,~I:Y ,J:.,Mq~!it;C\!i,.." "" " "..."".,..."",.,"..., defendant,
ore divorced from the bonds of matrimony,
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
NONE
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IN 1llE aJJRT OF ~ PLEAS OF
C\NBERLAND COJNI'Y, PENNSYLVANIA
RHONDA L. MAESTAS,
00. 95-5088
CIVIL
1996
PIa int iff
V5.
GARY J. MAESTAS,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the ProthonotaI)':
Transmit the record. together with the following information. to the court
for entI)' of a divorce decree:
1. Grounds for divorce: irretrip\~ble breakd~n under Section 3301 (c)
~) of the Divorce Code. (Strike out inapplicable section)
2. Date and manner of service of the complaint: October 6, 1995, Certified Mail No.
Z 165 532 538, Return Receipt Requested, Restricted Delivery, Addressee Only.
3. Complete either Paragraph A. or B.
A. Date of execution of the affidavit of consent required by Section
3301 (c) of the Divorce Code: by the plaintiff February 23, 1996
by the defendant February 13, 1996
B. (1) Date of execution of the plaintiff's affidavit required by
Section 3301 (d) of the Divorce Code:
N/A
(2) Date of service of the plaintiff's affidavit upon the defendant:
N/A
4. Related claims pending: No related clailllS oendina
5. Indicate date and manner of service of the notice of intention to file
praecipe to transmit record. and attach a copy of said notice under Section
3301 (d)(l)(i) of the Divorce Code
N/A
/2 {ffYt/-
Attorney for Plaint if flOQf'i1!!al.t
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
. 9s - .5'0!8 d~...:t .::r~~
. NO.
RHONDA L. MAESTAS,
.
.
Plaintiff .
.
.
.
v. .
.
.
.
GARY J. MAESTAS, .
.
.
.
Defendant .
.
CIVIL ACTION - LAW
CUSTODY
ORDER OF THE COURT
AND NOW, TO WIT, this ~ day of
,<;( pi ~, HI ~~ 1~-
,
1995, upon consideration of the within Complaint, it is directed
that the parties and their respective counsel appear before
, Esquire, the Concilia-
Oc"uJ" S' S"",1"l
tor, at Lv (\'1c.."
s
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(\/1(-( ~l("4J)f ,o;)L(".,:.;
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crt- I :g.D/l-M
, 19Q5", for a ~re- "
o~ the aw" day of
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. Either party may
bring the child who is the subject to this action to the Confer-
ence, but the child's attendance is not mandator.
FAILURE TO APPEAR AT THE CONFERENCE MAY PROVIDE GROUNDS FOR
A TEMPORARY OR PERMANENT ORDER TO BE ISSUED.
FOR THE COURT,
BY: UIl...l .J .J".L.f t~" ./4 "'''''I
t/ Concrrrat;'t'
SEP Z8 3 39 PH '95
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - SO SO If c;,,,ii, ;:r-MI'1' v
RHONDA L. MAESTAS,
Plaintiff
v.
CIVIL ACTION - LAW
GARY J. MAESTAS
Defendant
DIVORCE AND CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims
set forth in the following pages, you must take prompt action. You are
warned that if you fail to do so, the case may proceed without you and a
Decree of divorce or annulment may be entered against you by the Court. A
judgment may also be entered against you for any other claim or relief
requested in these papers by the Plaintiff. You may lose money or property
or other rights important to you, including custody or visitation of your
children.
When the ground for divorce is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of marriage
counselors is available in the Office of the prothonotary at Cumberland
County Court House, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE
RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Cumberland County Court Administrator
Cumberland County Court House
One Court House Square
Carlisle, PA 17013
Tel. No. (717) 240-6200
AVISO PARA DEFENDER U RECLAMAR DERECHOS
USTED HA SIOO DEMANDADO EN LA CORTE. Si desea defenderse de las
-1-
quejas expuestas en las paginas siguientes, debe tomar accion con
prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin
usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra
por la Corte. Una decision puede tambien ser emitida en su contra por
cualquier otra queja 0 compensacion reclamados por el demandante. Usted
puede perder dinero, 0 propiedades u otros derechos importantes para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento
irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una
lista de consejeros matrimoniales esta disponible en la oficina del
Prothonotary, en la Cumberland County Court House, One Court House Square,
Carlisle, PA.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS
DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0
ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR
CUALQUIERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0
NO PUEDO PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA
AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL.
Cumberland County Bar Association
Cumberland County Court Administrator
Cumberland County Court House
One Court House Square
Carlisle, PA 17013
Tel. No. (717) 240-6200
COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
COUNT I - DIVORCE
1. The Plaintiff is Rhonda L. Maestas, who is an adult individual
residing at 229 Plaza Drive, Boiling Springs, Pennsylvania 17007, since on
or about June 1, 1995.
2. The Defendant is Gary J. Maestas, who is an adult individual
residing at 7485 Goldfield Drive, Colorado Springs, Colorado 80911, since
on or about May 1, 1994.
3. Plaintiff has been a bona fide resident in the Commonwealth of
-2-
Pennsylvania for at least six (6) months immediately prior to the filing of
this Complaint.
4. The Plaintiff and Defendant were married on May 18, 1992, in
Central City, Colorado.
5. There have been no prior actions of divorce or for annulment
between the parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised of the availability of counseling
and that the Plaintiff may have the right to request that the Court require
the parties to participate in counseling.
8. The parties separated on or about May 1, 1994 and have continued
to live separate and apart since that date.
9. The Plaintiff requests the Court to enter a Decree of Divorce.
COUNT II
CUSTODY
10. Paragraphs 1 through 9 above are incorporated herein by
reference.
11. The Plaintiff seeks custody of the following child, namely:
Jessica L. Maestas. Her present address is 229 Plaza Drive, Boiling
Springs, PA 17007. Her date of birth is August 13, 1992.
12. The child was not born out of wedlock, but was born of this
marriage.
13. The child is presently in the custody of Plaintiff/Mother, Rhonda
L. Maestas who resides at 229 Plaza Drive, Boiling Springs, PA 17007.
14. During the past five years, the child has resided with the
-3-
following persons with the following addresses:
lWlli ADDRESS DATES
Mother/Plaintiff 229 Plaza Drive, on or about 6/1/95-
only Boiling Springs, PA 17007 present
Mother/plaintiff R.D.1I2, Box 36-A, lIiggins, on or about 5/1/94-
only PA 17938 on or about 6/1/95
Both parties 6630 Brook Forest Drive on or about 1/16/94-
Colorado Springs, CO 80911 on or about 5/1/94
Mother/Plaintiff 914 Sixth Street, N.W.,Apt 6 on or about 11/8/93-
only Great Falls, Montana 59405 on or about 1/17/94
Both parties 6630 Brook Forest Drive on or about 9/22/93-
Colorado Springs, CO 80911 on or about 11/8/93
Both parties 607 Lincoln Drive on or about 5/11/93-
Great Falls, Montana 59404 on or about 9/22/93
Both parties 932 Lincoln Drive 011 or about 8/13/92-
Great Falls, Montana 59404 on or about 5/11/93
15. The Mother of the child is Rhonda L. Maestas, who is currently
residing at 229 Plaza Drive, Boiling Springs, PA 17007.
16. She is married.
17. The Father of the child is Gary J. Maestas, who is currently
residing at 7485 Goldfield Drive, Colorado Springs, Colorado 80911.
18. He is married.
19. The relationship between the Plaintiff and the child is that of
Mother. The Plaintiff currently resides with the following persons:
The child only.
20. The relationship between the Defendant and the child is that of
Father. The Defendant currently resides with the following persons:
A girlfriend named Kathy but whose last name is unknown.
-4-
1994.
21. The Plaintiff has not participated as a party or witness, or in
another capacity, in other litigation concerning the custody of the child
in this or another Court.
22. Plaintiff has no information of a custody proceeding concerning
the child pending in a Court of this Commonwealth.
23. Plaintiff knows does not know of a person not a party to the
proceedings who has physical custody of the child or claims to have custody
or visitation rights with respect to the child.
24. The best interest and permanent welfare of the child will be
served by granting the relief requested because: The Father has not made
any effort to visit with the child since separation on or about May 1,
25. Each parent whose parental rights to the child has not been
terminated and the person who has physical custody of the child has been
named as parties to this action.
WHEREFORE, Plaintiff requests the Court to grant custody of the child
to the Plaintiff/Mother.
Respectfully submitted
MENGES & SNYDER
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N. Christopherges
145 East Market/ treet
York, PA 17401/
(717) 843-8046
ATTORNEYS FOR PLAINTIFF
-5-
maestas.cus/wkdivdsk/sjm
VERIFICATION
I verify that the statements made in this
~laint
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Section 4904,
relating to unsworn falsification to authorities.
Dated.J{ /& 90
(2;Jtltlct{;/l~k-J
.
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RHONDA L. MAESTAS,
NO. 95-5088 Civil Term
.
.
.
.
Plaintiff
.
.
v.
.
.
CIVIL ACTION - LAW
GARY J. MAESTAS,
.
.
.
.
Defendant
.
.
DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
( SS.
COUNTY OF YORK )
N. Christopher Menges, being duly sworn according to law,
deposes and says that:
, ,1. He is the attorney for the Plaintiff in the above-
captioned action.
2. That on the 3rd day of October, 1995, a certified copy
of a Divorce and Custody Complaint was mailed to the Defendant,
Gary J. Maestas, at his last known address of 7485 Goldfield
Drive, Colorado Springs, Colorado, 80911 Certified Mail No. Z 165
532 538, return receipt requested, restricted delivery, addressee
only.
3. On the lOth day of October, 1995, he did receive from
the United States Postal Service, the return receipt card en-
dorsed by said Defendant.
4. The original mailing receipt and return receipt card
are attached hereto and made a part of this Affidavit.
N. Chr1stop Menges, Esqu re
Sup. Ct. 1.0. No. 23166
Sworn and subscribed to
before me this 8th day
of December, 1995.
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No Insurance Cowefoge Provided
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1500 Rovelsol
i ',,~. GARY J. MAFSTAS
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COLORADO SPRINGS CO 80911
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Poslmar\ Of Dalt>
$ 5.50
October 3, 1995
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.u.a._t__Jl4 DOMESTIC RETURN
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RHONDA L. MAESTAS,
NO. 95-5088 CIVIL TERM
Plaintiff
v.
CIVIL ACTION - LAW
.
.
GARY J. MAESTAS,
I
I DIVORCE
Defendant
.
.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on September 25, 1995.
2. The marriage of Plaintiff and Defendant is irretriev-
ably broken and 90 days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of a final Decree of Divorce
after service of notice of intention to request entry of the
decree.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
I verify that the statements made in this Affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
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RBOND L. AS
Datedl ."J,d- ~5 69L,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RHONDA L. MAESTAS,
NO. 95-5088 CIVIL TERM
Plaintiff
.
.
V.
CIVIL ACTION - LAW
GARY J. MAESTAS,
.
.
Defendant
CUSTODY
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on September 25, 1995.
2. The marriage of Plaintiff and Defendant is irretriev-
ably broken and 90 days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of a final Decree of Divorce
after service of notice of intention to request entry of the
decree.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
I verify that the statements made in this Affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
G
Dated: ..;)-13 -1 ~
maeatas.aff/wkdak'2/ajm
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RHONDA L. MAESTAS,
NO. 95-5088 CIVIL TERM
Plaintiff
V.
.
.
CIVIL ACTION - LAW
GARY J. MAESTAS,
Defendant
:
CUSTODY
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE WiDER S3301(~)
OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will
be sent to me immediately after it is filed with the prothonotary.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties ot 18 Pa.C.S. S 4904 relating to unsworn
falsification to authorities.
DATED:
,:}' /3 ' '11",
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e Y J. STAS
maestas.wai/wkdsk'2/sjm
.
"t'C^
RHONDA L. MAESTAS,
Plaintiff
IN THE COURT OF ca-lMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 95-5088
CIVIL TERM
GARY J. MAESTAS,
Defendant
CIVIL ACTION - LAW
: CUSTODY
<XlURT (JUJBR
AND tof, this 1. (, rl\ day of \l'\C I. ...t.....kJ.-...-
consideration of the attached CUstody Conciliation Report,
ordered and directed as follows:
, 1995, upon
it is hereby
1. The Mother, Rhonda L. Maestas, shall have primary physical custody
and sole legal custody of Jessica L. Maestas born August 13, 1992.
2. The Father, Gary J. Maestas, shall have weekly telephone contact
with the Child beginning the weekend of October 28, 1995. The telephone
calls shall be initiated by the Father on a weekly basis at times to be
mutually agreed upon by the parties.
3. In order to reestablish a relationship with the Child prior to the
Father's first period of partial physical custody in June 1996, the Father
shall have periods of visitation with the Child, at the Child's residence
unless mutually agreed otherwise, over a period of two-three days in
Decerrber 1995. The Father shall notify the Mother by Noverrber 15, 1995 of
the specific dates for visitation. The Father shall have two additional
periods of visitation with the Child in April 1996 over a period of
three-four days and in May 1996 over a period of three-four days period.
The Father shall provide at least twenty (20) days notice to the Mother of
the specific dates for these periods of visitation.
4. The Father shall have partial physical custody of the Child during
the summer each year as follows:
A. 'l\ro weeks during June 1996.
B. Three weeks during June 1997.
C. Four weeks during June through July 1998.
D. Five weeks during June through July 1999.
E. six weeks during June through July 2000 and in every year
thereafter.
The two to three day travel time to and fran the Father's residence
in Colorado shall be in addition to and shall not be counted as part of the
time periods designated above. The Father shall provide notice of the
specific dates for summer custody to the Mother by May 1 of each year. It
is the parties' intention that the Father should have the full six week
period of partial custody in the summer as soon as the Child's relationship
with her Father has been reestablished and the extended partial custody is
in her best interest. The parties therefor intend and agree that the
progressive periods of partial custody in the summer beginning in 1997 may
be expanded earlier or later than indicated in the above schedule and will
depend upon the development of the Child's relationship with her Father.
S. In addition, the Father shall have a one week period of partial
custody each winter, beginning during the winter of 1996-1997. The parties
contemplate that this period of partial custody will be scheduled during the
week following Christmas each year and shall be arranged by the mutual
agreement of the parties.
6. The Father shall have additional periods of partial custody of the
Child upon providing reasonable advance notice to the Mother in the event
the Father travels to Pennsylvania.
7. The Father shall pay all costs of transportation for the exchange
of custody through the end of 1996.
8. The Father shall accompany the Child on any airline flights for the
purpose of exchange of custody through the end of 1996.
9. The Father shall undergo a psychological evaluation focusing on
the Father's fitness to serve as partial custodian of the Child and the
psychologist's written report shall be provided to the Mother through
counsel by the end of February 1996. If the report raises concerns
pertinent to the foregoing custody schedule, this matter may be relisted
with the Custody Conciliator at the request of counsel for either party.
10. The Father shall provide to the Mother, through counsel,
documentation that the Father currently has a valid driver's license and
automobile insurance.
11. This Order is entered pursuant to an Agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the
provisions of this Order shall control.
BY THE COURT,
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cc: N. Christopher Menges, Esquire
R. Mark Thomas, Esquire
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R/lONDA L. MAESTAS,
Plaintiff
IN THE COURT OF CQ'olMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 95-5088
CIVIL TERM
GARY J. MAESTAS,
Defendant
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN AOlXlUlANCB WITII aJmERLl\ND cxumc RlJLB OF CIVIL PIll> '''''0 IRE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the
subject of this litigation is as follows:
NAME
BIRTHDATE
CURRENI'LY IN CUSTODY OF
Jessica L. Maestas
August 13, 1992
Plaintiff/Mother
2. A Conciliation Conference was held on October 24, 1995, with the
following individuals in attendance: The Mother, Rhon<~a L. Maestas, with
her counsel, N. Christopher Menges, Esquire, and the Father's counsel, R.
Mark Thomas, Esquire. The Father, Gary J. Maestas, who resides in Colorado
Springs, Colorado, participated in the Conference by telephone.
3. The Father has not had any contact with the Child, who is currently
three (3) years old, since May 1994. The parties were able to agree on a
progressive partial custody schedule for the Father with the goal being to
reestablish a Father-Daughter relationship and then to expand the Father's
periods of partial custody as that relationship develops. The parties agree
to entry of an Order in the form as attached.
Q::.h b-t-, :is-, I 'J '1 J /;. / / I
Date' ~
Custody Conciliator