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HomeMy WebLinkAbout02-4532SEAN KBI I Y, Plaintiff V. CATHERINE M. SALVADOR, Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Sean Kelly, an adult individual residing at 4099 Caissons Court, Enola, Pennsylvania 17025. 2. Defendant is Catherine M. Salvador, an adult individual residing at 311 April Drive, Apt. 4, Camp Hill, Pennsylvania 17011. IN THE COURT OF COMMON PLEAS EAT CUMBERLAND COUNTY, PENNSYLVANIA NO. O,z - Y 53 z CIVIL ACTION - LAW IN CUSTODY 3. Plaintiff seeks custody of the following child: Name Present Address Age Trystan Noell Salvador 4. The child was born out of wedlock. The child is presently in the custody of mother, who resides at 311 April Drive, Apt. 4, Camp Hill, Pennsylvania. 5. During the past five (5) years, the child has resided with the following persons at the 311 April Drive Camp Hill, PA 17011 4'/2 months following address(es): Name Address Dates Catherine M. Salvador *Sean Kelly 311 April Drive, Apt. 4 Camp Hill, PA 17011 From birth 4-30-02 to present * Sean Kelly has stayed at said residence on average five (5) out of seven (7) days a week SEAN KELLY, Plaintiff V. CATHERINE M. SALVADOR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.t - Sys- 3.2- 7 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this /Z 0a y of September, 2002, upon review of the attached Emergency Pettion, it is hereby ORDERED and DECREED that neither party shall remove the infant child, Trystan Noel] Salvador, from Cumberland County, Pennsylvania pending further Order of this Court. A 4" w. Cam: /? .; V J c -- 45, X at, c,,- I. (Io ( yi?f^ +r.) 4,, -/chit-, (opt mni'(?p( ho &Ivaolor SEAN KELLY, Plaintiff V. CATHERINE M. SALVADOR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW comes the Petitioner, Sean Kelly, by and through his counsel, Joanne Harrison Clough of Reager & Adler, PC, and petitions this Court for emergency relief as follows: Petitioner, Sean Kelly, is an adult individual residing at 4099 Caissons Court, Enola, Pennsylvania 17025. 2. Respondent, Catherine M. Salvador, is an adult individual residing at 311 April Drive, Apt. 4, Camp Hill, Pennsylvania 17011 3. The parties are the natural parents of a child, namely Trystan Noell Salvador, date of birth April, 30, 2002. 4. The child was born out of wedlock. The child is presently in the custody of mother. 5. The Petitioner has had regular contact with his son and desires to continue to have a relationship with his son and wishes to have primary physical custody and shared physical custody of his son. 6. Petitioner has been informed by Respondent Mother that Respondent plans to move herself, along with the child, to New York State on or about September 20th or shortly thereafter. VERIFICATION I, Sean Kelly, hereby verify and state that the facts set forth in the foregoing Petition for Emergency Relief are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. DATE: ? - (' ft - 0Z ? R w V o' SEAN KELLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4532 CIVIL ACTION LAW CATHERINE M. SALVADOR DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 25, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 16, 2002 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S Sunday, Es¢, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,wvnc^ nN.i a?9V4nO to :l Wd cz J3S zo SEAN KELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CATHERINE M. SALVADOR, Defendant 02-4532 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of September, 2002, by agreement of the parties, the following temporary order is entered: 1. Mother shall have primary physical custody of the child Trysten Noell Salvador, born April 30, 2002, subject to periods of partial physical custody in father as the parties shall agree upon. 2. Mother shall not relocate from her current residence, absent agreement of the parties or further order of this Court. 3. Mother shall not leave the jurisdiction of Cumberland County with the child for more than seven days, absent agreement of the parties or Order of Court. This matter shall proceed through conciliation unless otherwise resolved between the parties. By Edward E. Guido, J. Joanne Harrison Clough, Esquire For the Plaintiff Joan Carey, Esquire For the Defendant It r ??,?,??`1„F!,'?'tti`?'1?tPyf?JJ .. ?_"??r t?" 1 1 ? L ?- ? i J ?l, ?I n.n.,? b ??? ?,? ??;; -,, ; _ ?,, d.;-.. ._???;_?? ? :.1 Jill M. Lashay, Esquire Klett, Rooney, Lieber & Schorling, P.C. 240 N. Third Street, Suite 600 Harrisburg, PA 17101-1503 (717) 231-77220 Attorneys for Defendants D.L. SPITLER LUMBER CO., INC., t/d/b/a SOFA SELECTIONS, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4602 JOHN M. LASHAY, individual, SOFA DISCOUNTERS, INC., t/d/b/a SOFAS UNLIMITED, and SOFA DISCOUNTERS EAST, INC., t/d/b/a SOFAS UNLIMITED, Defendants NOTICE OF FILING OF NOTICE OF REMOVAL FILED ON BEHALF OF DEFENDANTS JOHN M. LASHAY, ET AL. TO: Office of the Prothonotary Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013-3387 You are hereby notified, pursuant to 28 U.S.C. § 1446(d), that on October 7, 2002, Defendants John M. Lashay, et al., filed a Notice of Removal of the above action from the Court of Common Pleas of Cumberland County to the United States District Court for the Middle District of Pennsylvania. A copy of the Notice of Removal is attached. Respectfully submitted, Jill M. jXshay Allen C. Warshaw KLETT LIEBER ROONEY & SCHORLING 240 N. Third Street, Suite 600, Harrisburg, PA 17101-1503 (717)231-7700 Dated: October 8, 2002 Attorneys for Defendants KRLSHAR21309.1 W IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA D.L. SPITLER LUMBER CO., INC., i : ?? ? ®? ?, (w w9 t/d/b/a SOFA SELECTIONS, Plaintiff V. CIVIL ACTION NO. JOHN M. LASHAY, individual, SOFA DISCOUNTERS, INC., t/d/b/a SOFAS UNLIMITED, and SOFA DISCOUNTERS EAST, INC., FILED t/d/b/a SOFAS UNLIMITED, HARRISBURG, PA Defendants OCT 0 7 2002 NOTICE OF REMOVAL Per E. D'A , CLERK Pursuant to 28 U.S.C. § 1441, Defendants John M. Lashay, Sofa t erk Discounters, Inc. t/d/b/a Sofas Unlimited, and Sofa Discounters East, Inc., t/d/b/a Sofas Unlimited (collectively referred to as "Defendants"), by their undersigned attorneys, hereby remove this action from the Court of Common Pleas of Cumberland County. Removal is based on the following: KRLSHAR:21309.1 On or about September 25, 2002, Plaintiff D.L. Spitler Lumber Co. Inc., t/d/b/a Sofa Selections ("Plaintiff'), commenced an action against Defendants in the Court of Common Pleas of Cumberland County, Pennsylvania captioned "D.L. Spitler Lumber Co. Inc., t/d/b/a Sofa Selections v. John M. Lashay, Sofa Discounters, Inc. t/d/b/a Sofas Unlimited, and Sofa Discounters East, Inc., t/d/b/a Sofas Unlimited," Civil Action No. 02-4602. 2. Defendants received a copy of Plaintiff s Complaint on September 27, 2002. A copy of the Complaint is attached hereto as Exhibit "A." On the same date, Defendants received a copy of Plaintiff s Motion for Preliminary Injunction and Order scheduling hearing on October 10, 2002. A - copy of the Motion and Order is attached hereto as Exhibit "B." As of this date, the Defendants have received no other process or pleadings in this case. 3. In the Complaint, Plaintiff alleges that Defendants have illegally infringed upon and diluted the effectiveness of Plaintiffs distinctive and famous mark through unauthorized use of such mark on the Internet and in advertising in violation of Pennsylvania law, 54 Pa. C.S. §§ 1123-1124. 4. In the Complaint, Plaintiff alleges that Defendants have violated the Lanham Act, 15 U.S. C. § 1125, by intentionally misusing Plaintiff s mark in a bad faith attempt to pass themselves off as affiliated with Plaintiff and to KRLSHAR:21309.1 2 cause confusion among consumers as to the affiliation, connection or association of Defendants' business. 5. Plaintiff further asserts in the Complaint that Defendants have, intentionally and in bad faith, violated Section 1125(d) of the Lanham Act, i.e., The Anti-Cybersquatting Consumer Protection Act of 1999, by registering, re- registering and using Plaintiff's mark as a domain name to point consumers to its own website with the intent to profit therefrom. 6. The Lanham Act, and all amendments thereto, is a law of the United States. 7. Plaintiffs' action is therefore one over which the United States District Court has original jurisdiction pursuant to 28 U.S.C. § 1331, which states, in pertinent part, "The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 8. 28 U.S.C. § 1441(a) provides that "any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending." KRLSHAR:2I309.1 3 9. 28 U.S.C. § 1441(b) provides that "[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the United States shall be removable without regard to the citizenship or residence of the parties." 10. 28 U.S.C. § 1441(c) provides that "[w]henever a separate and independent claim or cause of action within the jurisdiction conferred by section 1331 of this title is joined with one or more otherwise non-removable claims or causes of action, the entire case may be removed and the district court may determine all issues therein, or, in its discretion, may remand all matters in which State law predominates." 11. Because this is an action over which federal district courts have original jurisdiction, and because Cumberland County is embraced by the United States District Court for the Middle District of Pennsylvania, the action involving both federal and pendant state claims is properly removed to the United States District Court for the Middle District of Pennsylvania under 28 U.S.C. § 1441(a), (b) and (c). 12. This Notice is timely under 28 U.S.C. § 1446(b) in that it is filed within thirty (30) days after receipt by Defendants of a copy of the Complaint, the first pleading from which it could be ascertained that the case is KRLSHAR:21309.1 4 removable. WHEREFORE, Defendants hereby remove the above action now pending in the Court of Common Pleas of Cumberland County, Pennsylvania to the United States District Court for the Middle District of Pennsylvania. Respectfully submitted, Jill M. L shay Pa. I.D. No. 79985 Allen C. Warshaw Pa. I.D. No. 17145 KLETT ROONEY LIEBER & SCHORLING A Professional Corporation 240 N. Third Street, Suite 600, Harrisburg, PA 17101-1503 (717)231-7700 Attorneys for befendants Dated: October 7, 2002 KRLSHax:21309.1 5 Exhibit A LMw I1/UyU1 v W3J AM Rmscd 09/20/02 09 56 15 AM 8769 4 D. L. SPITLER LUMBER CO., INC., t/d/b/a SOFA SELECTIONS Plaintiff V. JOHN M. LASHAY, individual, SOFA DISCOUNTERS, INC. t/d/b/a SOFAS UNLIMITED, and SOFA DISCOUNTERS EAST, INC., t/d/b/a SOFAS UNLIMITED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. O d- , 416; oz- NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 O Date: September 23, Defendants By F WILLIAMS & OTTO r3. Carl C. Risch, Esquire odi ID Number 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff D. L. SPITLER LUMBER CO., INC., t/d/b/a SOFA SELECTIONS Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY JOHN M. LASHAY, individual, SOFA DISCOUNTERS, INC. t/d/b/a SOFAS UNLIMITED, and SOFA DISCOUNTERS EAST, INC., t/d/b/a SOFAS UNLIMITED, Defendants NO. COMPLAINT AND NOW, comes Plaintiff, D. L. SPITLER LUMBER CO., INC. t/d/b/a SOFA SELECTIONS, by and through its attorneys, MARTSON DEARDORFF WILLLAMS & OTTO, and hereby avers as follows: 1. Plaintiff, D. L. Spitler Lumber Co., Inc., is a Pennsylvania corporation with a principal place of business at 5430 Jonestown Road, Harrisburg, Dauphin County, Pennsylvania 17112. 2. The Defendant, John M. Lashay, is an adult individual residing at 155 East Lauer Lane, Hampden Township, Cumberland County, Pennsylvania 17011, who is the sole owner and manager, or is the primary owner and manager, of the other two Defendants. 3. The Defendant, Sofa Discounters, Inc. t/d/b/a Sofas Unlimited, is a Pennsylvania corporation with a principal place of business at 4713 Carlisle Pike, Mechanicsburg, Pennsylania 17055, which engages in interstate commerce by operating a retail store in which sofas and furniture are sold to the public. 4. The Defendant, Sofa Discounters East, Inc. t/d/b/a Sofas Unlimited, is a Pennsylvania corporation with a principal place of business at 4359 Linglestown Road, Harrisburg, Pennsylvania 17112, which engages in interstate commerce by operating a retail store in which sofas and furniture are sold to the public. 5. Since January 1996, Plaintiff has operated retail stores exclusively using the name "Sofa Selections" in Dauphin and Cumberland Counties, Pennsylvania, in which Plaintiff sells sofas and furniture to the public and engages in interstate commerce. 6. Plaintiff competes with other retail furniture stores in Dauphin, Perry, Cumberland, Lebanon, Lancaster, and York Counties, including Defendant Sofas Unlimited, which is engaged in a business similar to Plaintiffs, which targets a similar consumer, and which operates stores only a few miles away from Plaintiff s enterprises. 7. For the protection of Plaintiff and the public, on or about March 12, 1996, Plaintiff properly registered the trademark "Sofa Selections" with the Pennsylvania Department of State pursuant to the Pennsylvania trademark registration laws. 8. On or about November 30, 1999, Plaintiff properly registered the fictitious name "Sofa Selections" with the Pennsylvania Department of State pursuant to Pennsylvania laws concerning names of businesses. 9. Plaintiff has extensively used the mark "Sofa Selections" in newspaper advertising, in radio advertisements, in television commercials, on signs identifying the location of the business, and on all business correspondence and accounts to the point that the consuming public of Cumberland, Dauphin, Lebanon, Lancaster, Perry, and York Counties immediately associates the term with Plaintiff s enterprise and thus the mark has become distinctive, famous, and has acquired secondary meaning. 10. In September 1999, Defendants registered the internet domain names "sofaselections.com" and "sofaselections.net," with Network Solutions, Inc. and listed themselves as authorized licensees of the domain names. i l . On or about September 10, 2002, Defendants re-registered the internet domain names "sofaselections.com" and "sofaselections.net." 12. Defendants intentionally registered, and re-registered, these domain names, which are identical and/or confusingly similar to Plaintiffs registered trademark, in bad faith, with the intent to profit therefrom, and with knowledge that it would deprive Plaintiff of access to its registered trademark for use on the Internet. 13. Since at least September 2001, Defendants have maintained an internet website promoting the Sofas Unlimited retail stores in Dauphin and Cumberland Counties. 14. Since at least September 2001, Defendants have used Plaintiff s mark, Sofa Selections, without permission, in the form of two domain names, "sofasections.com" and "sofaselections.net," as website addresses for its website which promotes its competing retail stores, Sofas Unlimited. 15. Defendants' use of Plaintiffs mark as a domain name acts to point consumers interested in learning about Sofa Selections directly to the website promoting Plaintiffs primary competitor, Defendants' retail stores, Sofas Unlimited, and intentionally deceives consumers into believing that Defendants are affiliated with Plaintiff. 16. Plaintiff is powerless to stop Defendants' use of its mark since the domain names, "sofaselections.com" and "sofaselections.net," are controlled by a computer in the possession of Defendants or Defendants' agents, and no two organizations can have the same domain name. 17. Since 1996, Defendants have intentionally used the trademark "Sofa Selections" in newspaper advertising and in road signs promoting Sofas Unlimited in an attempt to confuse consumers and dilute Plaintiffs mark. 18. On or about June 24, 1997, Plaintiff sent a cease and desist letter to Sofas Unlimited demanding that it cease using the mark "Sofa Selections" in advertising. A copy of this letter is attached hereto as "Exhibit A." 19. In February 2002, an agent of Plaintiff asked an agent of Defendant John M. Lashay to surrender his registration of"sofaselections.com" and "sofaselections.net." 20. Defendant Lashay's agent indicated that Defendant Lashay refused to give up his registration of "sofaselections.com" and "sofaselections.net" despite Plaintiff s demand. 21. In September 2002, Plaintiff sent a second cease and desist letter to Sofas Unlimited demanding that it cease using the mark "Sofa Selections" as an Internet domain name tied to its own website, sofasunlimited.com. A copy of this letter is attached hereto as "Exhibit B." 22. For the past five years, Defendants have demonstrated a pattern of trademark infringement, dilution, unfair competition, and cyberpicacy by misusing Plaintiffs registered and famous mark despite demands by Plaintiff to cease and desist. 23. In using Plaintiffs mark "Sofa Selections," Defendants have attempted to pass themselves off as the same as, or affiliated with, Sofa Selections and trade on Plaintiffs reputation of selling a variety of quality sofas and furniture to the public at affordable prices. 24. Defendants' use of Plaintiffs mark in connection with the sale of goods and promotion of its business on the Internet and in advertising has been without Plaintiff s consent, has been used in a manner likely to cause confusion, mistake, and to deceive as to the source or origin of the goods, and constitutes illegal trademark infringement under Pennsylvania law. 25. Defendants' use of Plaintiff s mark was with knowledge of the existence of Plaintiff s business, and with knowledge of Plaintiffs use of its mark Sofa Selections, and was done in bad faith. 26. In using Plaintiffs mark, Defendants have willfully intended to trade on the Plaintiff s reputation, to cause dilution to the mark, and to lure consumers to Sofas Unlimited with the wrong impression that it is affiliated with Plaintiff, Sofas Selections. 27. In using Plaintiff s mark, Defendants have in fact diluted the effectiveness of the mark "Sofa Selections" in promoting Plaintiffs enterprise in advertising and on the Internet. 28. Defendants' unauthorized use of Plaintiffs mark irreparably harms Plaintiff by depriving Plaintiff of control of its reputation, by causing loss of good will and trade, by confusing consumers, and by diluting the effectiveness of its mark. 29. Enjoining Defendants from using Plaintiffs mark, Sofa Selections, will not cause harm to Defendant. 30. Enjoining Defendants from using Plaintiffs mark, Sofa Selections, is in the public interest. COUNTI PENNSYLVANIA TRADEMARK INFRINGEMENT 31. Paragraphs 1 through 30 are incorporated herein as if fully set forth. 32. Defendants are illegally infringing upon Plaintiffs registered mark through unauthorized use of the mark on the Internet, and in advertising, in violation of 54 Pa. C.S. § 1123. 33. Defendants have infringed upon Plaintiffs mark with knowledge and in bad faith. WHEREFORE, Plaintiff requests that this Court enjoin Defendants from using Plaintiffs trademark, Sofa Selections, and award damages, costs, and reasonable attorney fees to Plaintiff as permitted by the Pennsylvania Trademark Act, 54 Pa.C.S. §§ 1101 et seq. COUNT H PENNSYLVANIA TRADEMARK DILUTION 34. Paragraphs 1 through 33 are incorporated herein as if fully set forth. 35. Defendants' unauthorized commercial use of Plaintiff s famous and distinctive mark has diluted the effectiveness of the mark in violation of Pennsylvania law, 54 Pa. C. S. § 1124. 36. Defendants have willfully intended to trade on Plaintiffs reputation and/or cause dilution of the mark in violation of Pennsylvania law, 54 Pa. C. S. § 1124. WHEREFORE, Plaintiff requests that this Court enjoin Defendants from using Plaintiffs trademark, Sofa Selections, and award damages, costs, and reasonable attorney fees to Plaintiff as permitted by 54 Pa.C.S. §§ 1101 et seq. COUNT III UNFAIR COMPETITION UNDER SECTION 43 OF THE LANHAM ACT, 15 U.S.C. § 1125 AND PENNSYLVANIA COMMON LAW UNFAIR COMPETITION 37. Paragraphs 1 through 36 are incorporated herein as if fully set forth. 38. This Court has jurisdiction to hear claims brought under the Lanham Act, 15 U.S.C. § 1125. 39. Defendants have violated the Lanham Act, 15 U.S.C. § 1125, by using Plaintiff's mark in a manner likely to cause confusion among consumers as to the affiliation, connection, or association of Defendants' business, Sofas Unlimited. 40. Defendants have intentionally misused Plaintiff's mark in bad faith in an attempt to pass themselves off as affiliated with Plaintiff and cause actual confusion among consumers. 41. Defendants' behavior has been so egregious as to constitute an exceptional case requiring an award of damages, lost profits, and attorney fees. WHEREFORE, Plaintiff requests that this Court enjoin Defendants from using Plaintiffs trademark, Sofa Selections, and award treble damages, lost profits, costs, and reasonable attorney fees to Plaintiff as permitted by 15 U.S.C. §§ 1051 et seq and Pennsylvania common law. COUNT IV VIOLATION OF THE ANTICYBERQUATTING CONSUMER PROTECTION ACT OF 1999, SECTION 1125(d) OF THE LANHAM ACT 42. Paragraphs 1 through 41 are incorporated herein as if fully set forth. 43. This Court has jurisdiction to hear claims brought under the Lanham Act, 15 U.S.C. § 1125. 44. Defendants have violated Section 1125(4) of the Lanham Act by registering, re- registering, and using Plaintiff's mark as a domain name to point consumers to its own website promoting Sofas Unlimited with the intent to profit therefrom. 45. Defendants have acted in bad faith by intentionally registering, and re-registering, Plaintiff s mark with knowledge of Plaintiff s claim to, or use of, the mark Sofa Selections. 46. Defendants' behavior has been so egregious as to constitute an exceptional case requiring an award of damages, lost profits, and attorney fees. WHEREFORE, Plaintiff requests that this Court enjoin Defendants from using Plaintiff s trademark, Sofa Selections, and award treble damages, lost profits, costs, and reasonable attorney fees to Plaintiff as permitted by 15 U.S.C. §§ 1051 et seq., and to do the following: a. Order the transfer of the registration of the domain names "sofaselections.com" and 11 sofaselections.net" to Plaintiff pursuant to 15 U.S.C. § 1125(d)(1)(C); and b. Assess and award statutory damages in the amount of $100,000.00 per domain name as permitted by 15 U.S.C. § 1117(d). MARTSON DEARDORFF WILLIAMS & OTTO By Carl C. Risch, Esquire ID Number 75901 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: September 23, 2002 D. L. SPITLER LUMBER CO., INC. HAMPDEN CENTRE 4920 MECHANICSBURGLPA. 17055 71' T/1716'33&ZJ:* ? -t?AX CERTIFIED MAIL June 24, 1997 Sofas Unlimited 4713 Carlisle Pike Mechanicsburg PA 17055 Your recent ads using the phrase "SOFA SELECTION" and "LEATHER SELECTION" are an infringement on the marks owned by this company. You are to cease and desist immediately in their use whatsoever. Any use from this date will result in legal action against Sofas Unlimited, The Patriot News and any other medium which promotes the use of them for you. Sincerely, Donald L. Spitler President EXHIBIT A D. L. SPITLER LUMBER CO., INC. 5430 JONESTOWN ROAD HARRISBURG PA, 17112 717 763-8912 717 763-9341 FAX September 19, 2002 CERTIFIED MAIL JACK LASHAY SOFAS UNLIMITED 4713 CARLISLE PIKE MECHANICSBURG PA 17050 Dear MR LASHAY: IT HAS COME TO MY ATTENTION THAT YOU HAVE STOLEN THE SOFA SELECTIONS TRADE NAME TO USE AS YOUR DOMAIN NAME. I DEMAND THAT YOU STOP IT'S USE IODIATELY. I ALSO DEMAND THAT YOU II4mzDIATELY ARRANGE TO HAVE THE DOMAIN NAME OF SOFA SELECTIONS TRANSFERRED TO D. L. SPITLER LUMBER CO., INC., AND ASSUME SUCH EXPENSE AS WELL AS THE EXPENSE OF ESTABLISHING THE WEB SITE. IF THE ABOVE DEMANDS ARE MET IMMEDIATELY; I WILL LOOK FAVORABLY TO ACCEPTING A REASONABLE SETTLEMENT FOR THE HORRENDOUS FINANCIAL LOSS TO D L SPITLER LUMBER CO., INC. DBA SOFA SELECTIONS. Donald Spitler President EXHIBIT B VERMICATIOIN Donald L. Spitler, who is president of D. L. Spitler Lumber Co., Inc., acknowledges that he has the authority to execute this Verification on behalf of the D.L. Spitler Lumber Co., Inc. and certifies that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is of counsel and not my own. I have read the document and to the extend that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the document is that of counsel,,( have relied upon counsel in making this Verification, This statement and Verification is made subject to the penalties of 18 pa,C.S. § 4904 relating to unworn falsification to authorities, which provides that If I make knowingly false averments. I may be subject to criminal penalties. Date: 9- /&-0-2 Exhibit B D. L. SPITLER LUMBER CO., INC., t/d/b/a SOFA SELECTIONS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JOHN M. LASHAY, individual, SOFA DISCOUNTERS, INC. t/d/b/a SOFAS UNLIMITED, and SOFA DISCOUNTERS EAST, INC., t/d/b/a SOFAS UNLIMITED Defendants CIVIL ACTION - EQUITY NO. 0 c? - Iq (a 0 Z ORDER AND NOW, this,??J:"?day of 2002, upon consideration of the attached Motion for Preliminary Injunction, a hearing in the above-captioned matter is hereby set for _Q 6?t-` f7 2002, at/ 3d o'clock, in Courtroom # ? Cumberland County, Pennsylvania. BY THE COURT L ?J GOL D. L. SPITLER LUMBER CO., INC., t/d/b/a SOFA SELECTIONS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JOHN M. LASHAY, individual, SOFA DISCOUNTERS, INC. t/d/b/a SOFAS UNLMTED, and SOFA DISCOUNTERS EAST, INC., t/d/b/a SOFAS UNLIMITED CIVIL ACTION - EQUITY NO. Defendants AND NOW, this day of ORDER 2002, after a hearing and on consideration of Plaintiffs Verified Complaint and Motion for Preliminary Injunction, and it appearing to the Court that immediate and irreparable damage and injury will continue to result to the Plaintiff before the case can be fully heard on its merits if a preliminary injunction is not issued, it is hereby ORDERED AND DECREED that: 1. Defendants, and their employees, agents, assigns, and successors in interest, are enjoined and restrained from further interfering with Plaintiff s trademark, "Sofa Selections;" 2. Defendants, and their employees, agents, assigns, and successors in interest, are enjoined and restrained from using Plaintiffs trademark, "Sofa Selections," on the Internet. 3. This Order shall remain in full force and effect until such time as this Court specifically orders otherwise; and 4. Plaintiffs may proceed in their action for such other and further relief as this Court may deem appropriate, proper, necessary, and just. BY THE COURT J. F: IFILESDATAFILE1Gcndw.cm\10681.mat l/sjs CreMed: 09/12/02 044026 PM Rcrs d: 09/?0/02044631 PM D. L. SPITLER LUMBER CO., INC., t/d/b/a SOFA SELECTIONS Plaintiff V. JOHN M. LASHAY, individual, SOFA DISCOUNTERS, INC. t/d/b/a SOFAS UNLIMITED, and SOFA DISCOUNTERS EAST, INC., t/d/b/a SOFAS UNLMTED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. Defendants TO: JOHN M. LASHAY, ET AL., YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED MOTION WITHIN 20 DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND NOW, comes the Plaintiff, D. L. Spitler Lumber Co., Inc., t/d/b/a Sofa Selections, by and through its attorneys, Martson Deardorff Williams & Otto, and hereby moves this Court for a preliminary injunction under Pa. R.C.P. 1531 enjoining and restraining Defendants pending final hearing and determination of this action from further interfering with Plaintiff s trademark, and in support avers as follows: Unless Defendants are effectively restrained and enjoined from their improper conduct, as described with particularity in the Verified Complaint filed in this case and in this Motion for Preliminary Injunction, Plaintiff will continue to suffer immediate, substantial, and irreparable harm by being powerless to stop Defendants unauthorized use of Plaintiffs mark. 2. Plaintiff filed his Verified Complaint on September 23, 2002. 3. Defendants' use of Plaintiff s mark causes consumers to be deceived, confused, and misled into the belief that Defendants are affiliated with Plaintiff, Sofa Selections. 4. Defendants' continued unauthorized use of Plaintiff s mark dilutes the effectiveness of the mark "Sofa Selections" in promoting Plaintiffs enterprise through advertising and on the Internet. 5. Defendants' unauthorized use of Plaintiffs mark deprives Plaintiff of control over its reputation, loss of good will and trade, and dilutes the effectiveness of Plaintiffs mark. 6. Defendants' unauthorized use of Plaintiff's mark poses a direct threat to the stability of Plaintiffs business reputation, good will and trade, and the effectiveness of Plaintiffs mark. 7. Defendants are intentionally infringing upon Plaintiff's mark with the intent to lure consumers away from Plaintiffs business and to Defendants' business. 8. The issuance of a preliminary injunction will not cause undue inconvenience or loss to the Defendants, but will prevent irreparable injury to the Plaintiff, and is in the public interest. 9. Plaintiff is likely to succeed in proving at trial that the Defendants' activities are actionable and enjoinable. 10. In support of this Motion for Preliminary Injunction, Plaintiff incorporates herein the Verified Complaint filed in this action as if the same were fully restated at length. WHEREFORE, Plaintiffs respectfully request that this Court enter an Order enjoining and restraining Defendants and their employees, agents, assigns, and successors in interest from Rather infringing upon Plaintiff s trademark, "Sofa Selections," and retain jurisdiction of this matter to ensure that the Court's order and decree is obeyed. Plaintiffs request that this Order specifically enjoin, but not be limited to, Defendants' use of the trademark, "Sofa Selections," on the Internet. MART,,SQNDEAR WILLIAMS & OTTO Carl sch, Esq PA Attorney I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: September 23, 2002 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Removal was served upon counsel for Plaintiffs, by first class mail, postage prepaid, on October 7, 2002, at the following address: Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO ID Number 75901 Ten East High Street Carlisle, PA 17013-3093 Jill . Lashay KRLSHAR:21309.1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Removal was served upon counsel for Plaintiffs, by first class mail, postage prepaid, on October 8, 2002, at the following address: Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO ID Number 75901 Ten East High Street Carlisle, PA 17013-3093 Jill ashay KRLSHAR:21309.1 C) --? O '' - .. --> _, ' , .T! ,i ? - ,,-_? , t77 ?3 _ _ -;-: f Ct ?. t :? SHERIFF'S RETURN - REGULAR CASE NO: 2002-04532 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SEAN VS SALVADOR CATHERINE M DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY was served upon SALVADOR CATHERINE M the DEFENDANT , at 2000:00 HOURS, on the 24th day of September, 2002 at 311 APRIL DRIVE APT 4 CAMP HILL. PA 17 by handing to CATHERINE M SALVADOR a true and attested copy of COMPLAINT - CUSTODY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this J! U-1 day of lX e-P ?_ ;Zpo 7? A. D. LiM! IA i/? rothonotary So Answers: R. Thomas Kline 09/25/2002 REAGER & ADLER By: '?Z Oa 11 d 4? Deputy Sheriff OCT172 2 SEAN KELLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CATHERINE M. SALVADOR, Defendant NO. 02-4532 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 15th day of October, 2002, the Conciliator, having been advised by Plaintiff's counsel that the parties are attempting to reach a reconciliation, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for October 16, 2002 is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator cl F= , 4 i McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-5297 (717) 237-5300 facsimile dcantor@mwn.com Attorneys for Plaintiff SEAN D. KELLY, Plaintiff V. CATHERINE M. SALVADOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4532 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Plaintiff, Sean D. Kelly, by and through his attorneys, McNees Wallace & Nurick LLC, and hereby petitions the Court to modify the existing Order of Court and in support thereof, avers the following: 1. The Petitioner is Sean D. Kelly (hereinafter "Father"), an adult individual who currently resides at 4009 Caissons Court, Enola, Cumberland County, Pennsylvania, 17025. 2. The Respondent is Catherine M. Salvador (hereinafter "Mother"), an adult individual who currently resides at 311 April Drive, Apartment 4, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The parties are the parents of Trystan Noell Salvador (hereinafter "Child"), date of birth: April 30, 2002. 4. On September 26, 2002 a Court Order was entered and filed in the Cumberland County Court of Common Pleas, granting Mother primary physical custody of the Child. 5. From April 2006 to present, Father has been exercising primary custody with the Child, who spends five (5) nights per week with Father. 6. Father believes, and therefore avers, that is in the best interest of the Child that he be granted modification of the current custody order to affirm the current schedule of the parties. WHEREFORE, Petitioner respectfully requests this Honorable Court to modify the existing Custody Order taking the parties' current schedule into consideration. Respectfully submitted, McNEES WALLACE & NURICK LLC By e ra D. Pdihhtor? Attorney 6378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 237-5300 facsimile Attorneys for Petitioner, Sean D. Kelly Dated: November 9, 2006 -2- VERIFICATION I verify that the statements made in this ?-+i-1 0(\are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Sean D. e y Dated: N0 V . $r , 2006 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served upon the following, in the manner indicated below: Joan Carey, Esquire Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (via first-class mail) Catherine M. Salvador 311 April Drive Apartment 4 Camp Hill, PA 17011 (via first-class mail & certified mail/return receipt requested) i eb D. ntor Dated: November 9, 2006 409. 0 C Lei t? -?S w+ i,ll p? SEAN D. KELLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CATHERINE M. SALVADOR DEFENDANT 02-4532 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 22, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, December 13, 2006 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S, Sunday, Esq. W4 Custody Conciliator -f_4 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?44 90- ACV J i? t.'"n fy i. X1.1 Dec 1 5 zoos" SEAN D. KELLY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CATHERINE M. SALVADOR Defendant 02-4532 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this / day of 7)?&w? , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Catherine M. Salvador, and the Father, Sean D. Kelly, shall have shared legal custody of Trystan Noell Salvador, born April 30, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: The Father shall have custody of the Child from Monday at 5:00 p.m. through Tuesday at 8:00 a.m. The Mother shall have custody of the Child on Tuesday from 8:00 a.m. until 5:00 p.m. The Father shall have custody from Tuesday at 5:00 p.m. through Wednesday at 8:00 a.m. The Mother shall have custody on Wednesday from 8:00 a.m. until 5:00 p.m. The Father shall have custody of the Child from Wednesday at 5:00 p.m. through Thursday at 8:00 a.m. The Mother shall have custody from Thursday at 8:00 a.m. through Friday at 5:00 p.m. The Father shall have custody from Friday at 5:00 p.m. through Saturday at 8:00 a.m. (if the Mother is taking the Child to do craft activities) or 12:00 noon (if the Father is taking the Child to her craft activity). During alternating weeks, the Mother shall have custody from Saturday at 8:00 a.m. or 12:00 noon through Monday at 5:00 p.m. During the interim alternating weeks, the Father shall have custody of the Child from Friday at 5:00 p.m. through Sunday at 6:00 p.m. and the Mother shall have custody from Sunday at 6:00 p.m. through Monday at 5:00 p.m. 3. The parties shall share having custody of the Child on Holidays as follows: A. Christmas: The holiday custody schedule shall be divided into Segment A, which shall run from 8:00 a.m. until 6:00 p.m. on Christmas Eve, Segment B, which shall run from Christmas Eve at 6:00 p.m. through Christmas Day at 2:00 p.m., and Segment C, which shall run from Christmas Day at 2:00 p.m. through December 26 at 8:00 p.m. Unless otherwise agreed between the parties, in even-numbered years, the Father shall have custody of the Child during Segments A and C and the Mother shall have custody during Segment B. Unless otherwise agreed, in odd-numbered years, the Mother shall have custody of the Child during Segments A and C and the Father shall have custody during Segment B. B. Thanksgiving: In the event the Mother is traveling out of the local area for Thanksgiving, the Mother shall have custody of the Child for Thanksgiving. In the event the Mother is remaining in the local area over Thanksgiving, the Father shall have custody of the Child for Thanksgiving day unless otherwise agreed between the parties. C. Easter: Unless otherwise agreed, the party who has custody of the Child for Easter weekend under the regular custody schedule shall retain custody of the Child on Easter Sunday until 2:00 p.m. and the other party shall have custody beginning at 2:00 p.m. for the remainder of Easter. D. Halloween/Trick or Treat night: In every year, each parent shall be entitled to have custody of the Child for a trick or treat night in different communities. In odd-numbered years, the Mother shall have preference on her trick or treat nights and the Father shall select a different community night, and in even-numbered years, the Father shall have preference on his selection of trick or treat nights. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day. 4. Each party shall be entitled to have custody of the Child for two weeks during the Summer for vacation with the Child, which may be scheduled consecutively or non-consecutively. Each party shall provide the other with at least 30-days advance notice of vacation dates, with the parent providing notice first having preference on his or her selection of vacation dates. 5. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Debra D. Cantor, Esquire -Counsel for Father Catherine M. Salvador - Mother Edward E. Guido J. 1 0 : I I HV 51 030 lJON MotTM. i_1. Lf : 1 M SEAN D. KELLY VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4532 CIVIL ACTION LAW CATHERINE M. SALVADOR Defendant Prior Judge: Edward E. Guido IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Trystan Noell Salvador April 30, 2002 Mother/Father 2. A custody conciliation conference was held on December 13, 2006, with the following individuals in attendance: the Father, Sean D. Kelly, with his counsel, Debra D. Cantor, Esquire, and the Mother Catherine M. Salvador, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form attached with the exception of the Christmas and Easter holidays which is the recommendation of the conciliator. Date Dawn S. Sunday, Esquire Custody Conciliator McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 Cheryl B. Krentzman Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-5297 (717) 237-5300 facsimile dcantor@mwn.com Attorneys for Plaintiff SEAN D. KELLY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-4532 CIVIL TERM V. : CIVIL ACTION -LAW CATHERINE M. SALVADOR, Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes Plaintiff, Sean D. Kelly, by and through his attorneys, McNees Wallace & Nurick LLC, and hereby files this Petition for Emergency Relief seeking modification of the existing Order of Court and in support thereof, avers as follows: 1. The Petitioner is Sean D. Kelly (hereinafter "Father"), an adult individual who currently resides at 4009 Caissons Court, Enola, Cumberland County, Pennsylvania, 17025. 2. The Respondent is Catherine M. Salvador (hereinafter "Mother'), an adult individual who currently resides at 311 April Drive, Apartment 4, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The parties are the parents of Trystan Noell Salvador (hereinafter "Child"), who was born on April 30, 2002. 4. The parties attended a Custody Conciliation Conference with Dawn Sunday on December 13, 2006. 5. On December 18, 2006, this Court entered an Order regarding custody based on the Custody Conciliation Report. Pursuant to this Order, Mother and Father have shared legal custody of the Child, and Father has primary physical custody of the child. Mother's periods of partial custody are as follows: a. Tuesday and Wednesday from 8:00 a.m. until 5:00 p.m.; b. Thursday from 8:00 a.m. through Friday at 5:00 p.m.; C. Alternating Saturdays from either 8:00 a.m. or 12:00 noon through Monday at 5:00 p.m.; d. On her non-custodial weekends, from Sunday at 6:00 p.m. until Monday at 5:00 p.m. A true and correct copy of the December 18, 2006 Order is attached hereto as Exhibit "A". 6. Respondent also has two children from a prior relationship, namely Presley Salvador, born November 17, 1992 and Cassidy N. Salvador, born December 13, 1993. 7. Father has learned that on or about June 4, 2007, Presley and Cassidy Salvador contacted their Father, John Winner, and informed him that they had found Marijuana in Mother's house and that they were left alone. Thereafter, the children or their Father contacted the Camp Hill Borough Police Department and officers came to the house and confiscated the Marijuana. It is believed that Mother has been charged with -2- possession. 8. Since that time, Presley and Cassidy Salvador have been removed from Mother's custody by their Father. Mr. Winner has filed a Petition for Emergency Relief with this Court. A copy of that Petition is attached hereto as Exhibit "B". 9. The June 4, 2007 incident is not the first time that Mother has been in possession of Marijuana. Approximately one year ago, Father became aware that Mother had Marijuana in her possession and destroyed it. 10. John Winner further averred in his Petition for Emergency Relief that Mother's home was in horrible condition, and that dirty dishes and spilled food were present in the apartment. 11. Following the Marijuana incident, on or about June 12, 2007, the Child asked Father what a drunk is and explained that Mother has a Breathalyzer device in her car. Father believes and therefore avers based on this conversation that the Child is being exposed to circumstances and conditions that are inappropriate and unsafe for any child. 12. Based upon these recent events, Father believes that Mother's drug and alcohol use has increased significantly, and as such, Father is concerned with the safety of his Child while in Mother's custody. 13. Further, Mother's two children from her prior relationship previously provided additional oversight of the Child while the Child was in Mother's care. With the removal of Presley and Cassidy from Mother's custody, Father is concerned with the level of supervision that the Child receives while in Mother's care. 14. Father believes and therefore avers that for all of the above reasons, it is not in the best interests and welfare of the Child to be in Mother's custody during the times set -3- forth in the December 18, 2006 Order. 15. Counsel for Father has been advised that in response to Mr. Winner's Petition for Emergency Relief, the Court has ordered the removal Mother's two older children from her custody and has assigned the matter to Judge Bayley for a hearing. WHEREFORE, Petitioner, Sean D. Kelly, respectfully requests this Honorable Court to grant this Petition for Emergency Relief and enter in Order consistent with the best interests of the child, including: 1. Retaining Father's primary physical custody of the Child; 2. Revoking Mother's periods of partial physical custody; 3. Granting Mother periods of supervised visitation with the Child every other weekend; 4. Ordering Mother to undergo drug testing; 5. Setting a date for Hearing or Conciliation of this matter. Respectfully submitted, McNEES WALL CE & NURICK LLC By Deb D. Cantor Attorney ID No. 66378 Cheryl B. Krentzman Attorney ID No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 237-5300 facsimile Attorneys for Petitioner Dated: J ?? l? , Z,00-1 -4- 4? ??...r ? ' r h t ? .? ? ? ? ?`, ,1 .ice `?;jV ,,? . +? j? ?Y?? t _,ryt r - -- SEAN D. KELLY Plaintiff vs. CATHERINE M. SALVADOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-4532 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /9+01..-day of ?)? , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Catherine M. Salvador, and the Father, Sean D. Kelly, shall have shared legal custody of Trystan Noell Salvador, born April 30, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: The Father shall have custody of the Child from Monday at 5:00 p.m. through Tuesday at 8:00 a.m. The Mother shall have custody of the Child on Tuesday from 8:00 a.m. until 5:00 p.m. The Father shall have custody from Tuesday at 5:00 p.m. through Wednesday at 8:00 a.m. The Mother shall have custody on Wednesday from 8:00 a.m. until 5:00 p.m. The Father shall have custody of the Child from Wednesday at 5:00 p.m. through Thursday at 8:00 a.m. The Mother shall have custody from Thursday at 8:00 a.m. through Friday at 5:00 p.m. The Father shall have custody from Friday at 5:00 p.m. through Saturday at 8:00 a.m. (if the Mother is taking the Child to do craft activities) or 12:00 noon (if the Father is taking the Child to her craft activity). During alternating weeks, the Mother shall have custody from Saturday at 8:00 a.m. or 12:00 noon through Monday at 5:00 p.m. During the interim alternating weeks, the Father shall have custody of the Child from Friday at 5:00 p.m. through Sunday at 6:00 p.m. and the Mother shall have custody from Sunday at 6:00 p.m. through Monday at 5:00 p.m. 3. The parties shall share having custody of the Child on Holidays as follows: If A. Christmas: The holiday custody schedule shall be divided into Segment A, which shall run from 8:00 a.m. until 6:00 p.m. on Christmas Eve, Segment B, which shall run from Christmas Eve at 6:00 p.m. through Christmas Day at 2:00 p.m., and Segment C, which shall run from Christmas Day at 2:00 p.m. through December 26 at 8:00 p.m. Unless otherwise agreed between the parties, in even-numbered years, the Father shall have custody of the Child during Segments A and C and the Mother shall have custody during Segment B. Unless otherwise agreed, in odd-numbered years, the Mother shall have custody of the Child during Segments A and C and the Father shall have custody during Segment B. B. Thanksgiving: In the event the Mother is traveling out of the local area for Thanksgiving, the Mother shall have custody of the Child for Thanksgiving. In the event the Mother is remaining in the local area over Thanksgiving, the Father shall have custody of the Child for Thanksgiving day unless otherwise agreed between the parties. C. Easter: Unless otherwise agreed, the party who has custody of the Child for Easter weekend under the regular custody schedule shall retain custody of the Child on Easter Sunday until 2:00 p.m. and the other party shall have custody beginning at 2:00 p.m. for the remainder of Easter. D. Halloween/Trick or Treat night: In every year, each parent shall be entitled to have custody of the Child for a trick or treat night in different communities. In odd-numbered years, the Mother shall have preference on her trick or treat nights and the Father shall select a different community night, and in even-numbered years, the Father shall have preference on his selection of trick or treat nights. E. Mother's Day/Father's Day : In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day. 4. Each party shall be entitled to have custody of the Child for two weeks during the Summer for vacation with the Child, which may be scheduled consecutively or non-consecutively. Each party shall provide the other with at least 30-days advance notice of vacation dates, with the parent providing notice first having preference on his or her selection of vacation dates. 5. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Debra D. Cantor, Esquire - Counsel for Father Catherine M. Salvador - Mother r1h*8 s 01 say , set My MW Carligg, pa rV C/> Edward E. Guido J. M . F SEAN D. KELLY Plaintiff vs. CATHERINE M. SALVADOR Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4532 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Trystan Noell Salvador April 30, 2002 Mother/Father 2. A custody conciliation conference was held on December 13, 2006, with the following individuals in attendance: the Father, Sean D. Kelly, with his counsel, Debra D. Cantor, Esquire, and the Mother Catherine M. Salvador, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form attached with the exception of the Christmas and Easter holidays which is the recommendation of the conciliator. Date Dawn S. Sunday, Esquire Custody Conciliator JOHN WINNER, : THE COURT OF COMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 00-2104 CATS ERINE M. SALVADOR, : CIVIL AMION - AT LAW Def erkh nts : CUSTODY Ol2Dl?R OF C21ga AND NOW, this day of . 2007, upon aonsideredon of the within Petition for Emergency R64 it is hereby directed that pending a custody conciliation conference and hearing in this matter, the children, Presley C. Salvador, born November 17, 1992, cad Cassidy N. Salvador, bona December 13, 1993, shall itranediately be placed in the primary physical custody of Plaintiff, Jahn Winm. A hearse on the attached Petition is W odalod for der day of 2007, at m, before the Honorable Cumberland County Courthouse, One Courthouse Squarc, Courtroom No. Carlisle, Pennsylvania. BY THE COURT: J. JOHN WRgNEg, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYINAN.IA VS. : No. 00-2104 CATHERINE M. SALVADOR, : CM ACTION - AT LAW Defendants : CUSTODY -ORDER OF COURT AND NOW, this ? day of , 2007, upon considaston of the within Petition for Emergency Relief, it is beroby directed that the parties and their respective counsel appear at before the conciliator, on the - day of , 2007, at .ra., for a Pre-Hearing Custody Conferenoe..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 pr"ant at the confemce. Failure to appear at the conference may provide grounds for entry of a temporary or pemenent ardor. The court hereby diurects the partdes to furAish any and an e4sting Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to the scheduled conference. FOR THE COURT: BY; Nstody Conewator The Court of common pleas of Cumbeaiand County is required by lair to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable aocommodations 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 heating. YOU SHOULD TAKE TMS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO 140T HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE Op'Y+'ICE SET FORTE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3308 (717)249-3166 JOHN WINNER, : THE COURT OF COMMON PLEAS OF Plaines : CUMBERLAND COUNTY, PENNSYLVANIA VS. V • t No. 00-2104 CATHERINE M. SALVADOR, : CIVB., ACTION - AT LAW n ? F Defendants . CUSTODY '' : x PETITION FOR. ENZR RELIEF r AND NOW, the Plaintiff John Wkawr, by and tbrough his ? Pr3 attorney; ?Jea B? Costopoulos, Esquire, avers the following n support of this Poddon: 1. Plaintiff, John Winner, is an adult 5a dividual who currently resides at 810 Louisa Lane, Mechanicsburg, Cumberland County, PennWvw* 17050. 2. The Defendant, Catherine M. Salvador, is an adult individual who ctuready resides at 311 April Drive, Apt 4, Camp 101, Cumberland County, Pennsylvania, 17011. 3. There is two (2) depo 4wa children from the relationship of Plaintiff and Defendant, namely Fredoy C. Salvador, born November 17, 1992, and Cassidy N. Salvador, born Doceam?ber 13, 1993. 4. The Plaintiff seeks priumq pby?sical custody of the fa1lov&4 children: so= PresetYt Residence An Presley C. Salvador 810 Louis Lane 14 years Mechanicsburg. PA, 17050 DOB 11/17/92 Cassidy N. Salvador 810 Louisa Lurie 13 years Mechanicsburg, PA 17050 DOB 12/13/93 The children named above are presently in ft custody of Plain= John W timer, who cutrwtly zeddes at $10 Louisa Lane, Mocbanicsburg, C.uxnberland County, Pennsylvaaia,17050, The natural mother of the children is Cathezino M. Salvador, Defendant, who currently resides at 31.1 April Drive, Apt. 4, Camp Hill, Cumberland County, Peuasylvania, 17011, The natural father of the children is Plaintiff, John Winner, currently residing at 810 Louisa Lane, Mechanicsburg, Cumberland County, Pcansylvwiia,17050. Plai&ff and Defendant were naver married to rah other and the children were boru out of wedlock, 5. The relationship of the Plaintiff to The children is that of natural father. The relationship of the Defendant to the children is that of natural mother. b. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 7. The parties were previously involved in a custody action at the above term and docket number. An Order of Court dated May 31, 2000 was signed by the n. Honorable Edgar B. Bayley following a Custody Conciliation S1 mmmy Report submitted by Dawn S, .Sunday, Esquire, Custody Conciliator, dated May 26, 2000, The Order of Court and the Summary Report are attached as Exhibit; A. 8. Plaintiff filed a Petition to Modify Custody Order on June 29, 2006, in which he sought primary 'physical custody of the children following an incident where Defendant recently physically abused Cassidy and threatened to kill him. A conciliation conference way held on August 2, 2007 and an Order of Court was entered on August 8, 2006 requiring the parties to submit themselves to a custody evaluation to be performed by Arnold T. Shienvold, PhD. The Order of Court and the Summary Report are attached as Exhibit B, 9. Plaintiff scheduled appointments on two separate occasions with Dr. Shienvold's alfico, but they were both canceled by Dr. Shienvold as a result of Defendant's failure to schedule her appointment. 10. Plaintiff filed a Petition to Allocate Costs of the evaluation on August 25, 2006, but it was never served on Defendant because she refused to sign for cerdfied mail and avoids process servers due to her avoidance of warrants, judgments, and bill collectors. 11. On Monday, June 4, 2007, the children contacted Plaintiff at approximately 8:00 p.m. and informed him that they had found marijuana in the house and that were alone. Plaintiff advised them that he would immediately pick them up and requested them to call the Camp Hill Borough Polio Department. When Plaintiff arrived, the police were already at the house and had confiscated a large baggie of marijuana which had been located in the living room on a futon in a sunglasses case. Plaintiff took the children home with him and has not returned them to Defendant. The condition of Defendant's home was horrible, with dirty dishes in the living room which appeared to have been left for over a week, spilled food in the kitchen lel t un-cleened, and lauaidry piled thigh deep in the back hallway. 12. On Tuesday, June S, 2007, at approximately 9:30 p.m., Officer Michael M. Bingham of the Camp Hill Borough Police Department interviewed the children at Defendant's home regarding the incident. Defendant understands that Plaintiff will be charged with possession of marijuana. 13. Defendant has a history of exhibiting signs of serious psychological problems which continue to cause disruption and instability to the children. 14. The children have had several unexcused absences from school, detention, and decreased grades while in Defendant's care. 15. Defendant drinks excessively and smokes around the children;, acts and speaks inappropris iely in the presence of the children, and disrespects the children, 16. The children desire to reside with Plaintiff and they are mature enough at ages 13 and 14 to articulate reasons for wanting to improve their current st=dard of life by residing with Plaintiff instead of ]defendant. 17. The children we willing to change school districts from Camp lull to Cumberland Valley, which is the school district in which Plaintiff resides. WE EREFORE, Plaintiff respectfhlly requests this Honorable Court to enter an emergency order granting him pnmary custody of his two children subject to periods of supervised visitation with Defendant as arranged through counsel pending the scheduling of a conference or hearing on the matter. Respecttblly submitted, BY: Jfnnd B. Costopoulos, Esquire AHRENS LAW FIRM, P.C. 52 Gettysburg Pike Nlechaniesbut& PA 17055 Phonc: (717) 697-1800 PA Suprew CL ID No. 68735 r? Dated- /97 Attorney for Plaintiff EXHIBIT A JOHN WMERr- : IN. TEE OCXW OF C xo= PrzAs cF -Plaintiff/Petitioner : CL AND COUNTY,.. PzgNmvAm vs. CATHERM M. SALVADM# Defendant/Reepondent NO. 00-2104 CI;VXL TERM CIVIF, ACTIM -- LAW ! IN M&IXW C OF Comm AND awl, this day of Ajoz , 2000, upon consideration of the ached Custody Con atIcn Report, it is ordered and directed " follows: 1. The ratherr John winner? and the Mother, G?the:rine M. Salvador., mahal.l have, ah=W legal cusotody of Presley Christina Salvactrr born NovezWr 171 1992t and Cumidy Nicholas Salvador, born December 13, 1993. Each parent shall have an equal right, to be exeralsed jointly with the other pereesnt. to make 07.1 major rw- mergeenvy decisions affecting the Children's general well-being includirgr lout ' not -limited for all docision s eegarding their health, education and religion. 2. The he ther -shall have primary. physica custody. of the Children. 3. The father shall have partial physical custody of the Children evary Tuesday from after work, between 6:00 p.m. and 7:00 p.m., through Wednesday morning at 7:30 a.m. The rather shall aloo have tvstody of the ehil&W em alteemrl7ating weekeaU from Friday after wark, between 6:00 p.m. and 7:00 p.m* through Sunday at 8:00 p.m. The Father shall-, have custody of the Children on the interim Fridays from, after work, between 6f00 p.m* and 7:00 p.m. through Saturday morning, at 7:30 a.mm., ifi the Father works on Saturdayo, and through 30:00 -a.m., if th* Father do" not work on Saturday. The partial custody schedule set forth in this provision shall begin on June 9, 2000, with the Pather,having a weekend period of cuatodyr if the Mother has obtained a third party caregiver for the children axing the weekday nights when ahe is working. If they Mother has not obtained a caregiver for the Children by June} 9, 2000, the Father agrees to also continue providing care for the Children during the week under the parties' prior custody arrmM a:mte3nts until ,Wane 26. 2000 or the date an which the Mother obtains a carvgiverr whichever occurs first. 4. The parties shall establish custody arrangements for the Children on holidays by mutual agreement. 5. Each party shall be entitled to have custody of the children for up to 2 uninterrupted weeks each.-summer upon providing 30 days advance notice to the other party. %'he party who provides mtice first under this provision shall be entitled to preference of his or her selection of vacation da tas. 6. The Father shall be responsible to provide transportation for all exchm9es of custody, unless otherwise agreed between the parties. 7. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with the Children. 8. In the event either party intends to r move the Children from his or her residence for an overnight period or longer, that party, shall provide the other party with the adds. and telephone nudmr where the Children can be contacted. 9, Neither party shall. do or say anything which may estrange the Children from the other parent r injure the opinion of the children as to the other parent, or hampar the free arsd natural development of the Children 0a love and respect for the other parent. Both parties shall take all reasonable steps to ensure that third parties having contact" with the Children coqp2y with this provision. 10. This Order is entered pursuant to an agremwt of the parties at a Custody Corxiliaticn Conference. The parties may. modify the provisions of this Order by mutual consent. In the absence of mutual consent, the tetma of this order she-", control. BY T13$ 00=.- J. cc: hark D. Schwartz. Esquire.- Counsel for Father John F. Ringr Esquire - counsel for Mother -IV ?ti? any In Tastlmm?nv ?yli r?.af, 1 110N. . and the stal of sold Court arlisle, Pa. ThE ». c .... y JAII?--- thorwtary JOBN WINM, TN THE COURT OF COMMON PLEAS CF Plaintiff/Petitioner CM4BMUAND COaNWp PFM1.S LWN7A vs. r No. 00-2104 CIVn TERM CATHMUNE M. SnVADCRi CXM ACTZCN LAW 7Defendant/Re13pondent IN Y ac?eiL1=33R SUMOM REM= is ?aooo x$ Ra CMV93EWAM oouwr raw of Win. FROaEDM 1915.3--St the undersigned cwtody Conciliator m:bwlts the tollow1m. repot: 1. Ze Pertigent information con rning the C eldren who are the subjects of this litigation is as follows: Sim DATE (W 8?8 (!11'MRPJ!=Y W CP Prealey Christina Salvador Noved;,r Z7, 1992 Mother Cassidy Nicbolas Salvador December 131•1993 Mother 2. A Oonciliation Conference was heI4 on may 25, 2000, with the fonowing individuals in atterxUnaa: The Father, John Winn err with hia counsel, Mark D. Schwartzr Esgd e, and the rotherr Catherine M. 8alvaaor, with her counsele Jahn P. King, Esquire. 3. The parties agreed to entry of an Order in the form as attached.. 421aw i? Data Dawn S y, EaqUire C!uatody cXciliatcr ??xT "D k ? . I- JOHN WDO- R plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN'SYLVANLAL vs. CATHERINE M. SALVADOR Defendant 00-2104 CIVIL ACTION LAW IN CUSTODY EA OF COURT AND NOW, tbis clay of 2046, upon 1491-111, consideration of the attached Custody Conciliation Repo ' is ordered and directed as follows: I . no perhes shall submit theanselves, tlicir minor Children, and any other individuals denied necessary by the evaluator, to a custody evaluation to be performed by Arnold Shienvold, PhD. Tha purpose of the evaluation shall be to obtain independent professional recommendations con=ing ongoing custody arrangements which will best meet the needs of the Children. The parties shall sign all authorizations deemed necessary by the evaluator to obtain additional information concerning the parties or the Children. 2. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party or a party pro so may oontaot the conciliator to schedule an additional conference to address any unresolved issues. BY THE COURT, -A -An 1 Edgar . Bayley cc: Jeanne B. Costopoulos, Esquire - Counsel for Father • Catherine M. Salvador - Mother TRO S rl"!Olp ! T!'nW RIMORD b IM". r rlt:r :: t :, v ; w my hand a4 seal sr rt * itcru, o Pe. • - - r?n i JOHN WININER ]N TAE COURT OF COMMON PLEAS OF Plaintiff CUMBMU AND COUNTY, PENNSYLVANIA vs. 00-2104 CIVIL, ACTION LAW CATHERINE M. SALVADOR Defendant Prior Judge: Edgar B. Bayley IN CUSTODY r,?rsroDY CC11?TT'YOrr s?3?XEpa1tT IN ACCORDANCZ WJT CUMBERLAND COUNW RULE OF CI AI PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent info=tion eoneeming the QWdren who are the subjects of this litigation is as follows: NAM DATE ,QI?' $YRTH CUItRE YY IN CUSTORX OF Presley C. Salvador November 17, 1492 Mother Cassidy N. Salvador Dee tuber 13, 1993 mother' 2. A Custody Conciliation Confe oe was hold on August 2, 2006, with the following individuals in attendance: The Father, John Winner, with his counsel, Jeanne, B. Costopoulos, Esquire, and the Mother,. Catherine M. Salvador, who is not reprosented by counsel in this matter. 3. The parties 'agreed to entry of an Order in the form as attached providing for Arnold Shicnvold to perform- a custody evaluation. However, as the Father proposed that the evaluation costs be shared oqually and the Mother believes that the Father should pay 100% of the evaluation costs, it is anticipated that the Father's counsel may file a Petition requesting that the Court allocate the costs between the parties. Both parties did agree to participate in the evaluition and selected the evaluator. 6aua _ c bate Dawu S. Sunday, Esquire Custody Conciliator JOHNW'Il4MK : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PLWNSYLVANIA vs. : No. 00-2104 CATIERWE M. SALVADOR, : CWM ACTION - AT LAW Defendaats : CUSTOD'Y' VERMgAno I, John Winner, hereby verify that the statements made in the foregoing document are true and correct to the best of gay koowlodgo, information, and belief. I understand that false statements heroin am made subject to the penalties of IS Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: O(P Jey? b?' Signature: ohn Winner JOHN WINNER. :.TM COURT OF COMMON PLEAS OF Plaintiff ; CUMBBJLtLAND COUNTY, PENNSYLVANIA vs. : No. 00-2104 CATHERINE M. SALVADOR, : CIVIL ACTION - AT LAW Defendants : CUSTODY CER1'ili+TCATE OF W&VICE I, Jmn6 B. Costopoulos, Esquire, hereby cadfy that this day I served a copy of the attached Order of Court upon the pawns, and in the manner, indicated below, which service satisfies to mquu?xaes to of the FA. Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, PexuMylvauxa, txuough first class mzA prepaid, snd addressed as follows: Catherine M. Salvador 311 Aprd-Drive, Apt 4 Camp Hill, PA 17011 BY: Dated: d7 Joamd B. Costopoulos, l3squir AB.RBNS LAW MM, P.C. 52 Gettysburg Puke Mechanicsburg, PA 17055 Phone: (717) 697-1800 PA Supmme Ct. ID No. 68'735 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. . <elly Dated: 6115/0-7 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served upon the following, in the manner indicated below: Catherine M. Salvador 311 April Drive Apartment 4 Camp. Hill, PA 17011 (via first-class mail & certified mail/restricted delivery/return receipt requested) Cheryl . K entzman Dated: 6 - !s - 2°`"'" Y ? -T-i ._ # '^ 4 ' ?. ( ? ± "+. V ? Q _.. our i s Yoo?K SEAN D. KELLY, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 02-4532 CIVIL TERM V. CATHERINE M. SALVADOR, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this tQ day of ? 0 V?- , 2007, upon consideration of the Petition for Emergency Relief, it is ordered and directed as follows: 1. Father shall etainmar physical custody of the Child; 2. Mother's periods of partial physical custody ar revoked; ery o er 5. A hearing on the attached Petition is scheduled for the -2?k-day of 2007at C? U?.m., before the Honorable ,v ? & Cumberland County Courthouse, One Courthouse Square, Courtroom No. Carlisle, Pennsylvania. BY THE Cnl JRT L_ V