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HomeMy WebLinkAbout96-00888 '\ o 13 j9 , -7 o '3' - ~ ," , " "\ , \ i // / ~ F J (yJ ()O , ()o I I i\ j I ~ CT J. JOSE ANTONIO TOLEDO. Plaintiff ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYL VANIA v. CIVIL ACTION. LAW NO, 96.888 ESTHER TOLEDO, Defendant IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of Esther Toledo in the above. captioned mailer. Dated: ~~- '2.1 -qr"J ...",<fully .obm'..". ! (' PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Esther Toledo in the above- captioned maUer. ""'"lbh I I Barbara mple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. 32317 J. JOSE ANTONIO TOLEDO. Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v, CIVIL ACTION. LAW NO. 96.888 ESTHER TOLEDO. Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby cenify that on this dale I served a true and correct copy of the foregoing PRAECIPE TO WlTHDRA W AND ENTER APPEARANCE in the above-captioned mailer upon the following individual by first class mail, postage prepaid, addressed as follows: Thomas D. Gould, Esquire 30 West Main Street Shiresmantown, PA 17011 Joanne H. Clough, Esquire 845 Sir Thomas Coun Suire:rtA Harrisburg, PA ~o . ,A" -d? ~ DATED:~~/"1 ~ -- ./ Barbara Sump Ie-Sullivan, Esquire Counsel for Defendant 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Coun J.D. No, 32317 " :1 f!l~ I I ; 9~~ I ! , , I ~ , a.~~5 , I ... I ! .... :1 :> .., I ~; :: =1' a ... S i~5~; ... 1~.Jj!: , .... , ~~ .~ .;1, ~ ,~~ ~ . ..... : II ~~ ~ ~ 21 ~~12f , ~ !~~ 0 ~ ~ = i. .... .s iI :k ; fa IS ' ~:I i ~ JOSE ANTCtoIIO TOLEDO, Plaintiff : IN THE CXXJRT OF Cl:.i'lI'1OO PLEAS OF : CUMBERLAND CCXJNT'{, PENNSYLVANIA : vs. : NO. 96-888 CIVIL TERM ESTHER TOLEDO, .Oefendant CIVIL ACTION - LAW : IN CUSTODY auJflR 011' cnm AliI) 101, this 1t/) day of ))' LI consideration of the attached Custody Conciliation and directed as follows: 1. A Hearing is scheduled in Court Roan>> tl , of the ClIllberland County Court House, on the .5-[ Ij day of .. ill A. '" _. , 1997, at q"J(1 o'clock "''--.m.. at which time testimonY'in this caae will be taken. At this Hearing, the Father, Jose Antonic. Toledo, shall be deemed to bEl the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting torth each party's position on cUfltody and also setting forth a list of witnesses who will be called to testify at the Hearing along with a Sl.llTlllary of the anticipated testimony of each witness. This Memorandum shall be filed at least ten (10) days prior to the Hearing date. , I I. (, I Report, 1997, upon it is ordered 2. This Court's prior Order dated April ll, 1996 is vacated and replaced by this Order, which shall continue in etfect pending Hearing or agreement of the parties. 3. The Mother, Esther Toledo, and the Father, Jose Antonio Toledo, shall have shared legal custody of Allison E. Toledo, born December 28, 1993. 4. The parties shall consult with each other in making all major decisions affecting the Child's health and well being, including, but not limited to, major medical, religious and educational decisions. 5. The Mother shall have primary physical custody of the Child. 6. The Father shall have partial physical custody of the Child on alternating weekends from Thursday atter work until Monday morning and during one additional weekend per month from Thursday after work until the following Saturday at 12:00 noon. Unless other arrangements are made by agreement of the parties, the Father, or another responsible adult who is familiar to the Child, shall pick up the Child from the daycare provider on the specified Thursday afternoons and shall return the Child to the daycare provider on the specified Monday mornings. 7. In addition, the Father shall have partial custody of the Child for five weeks (no more than two to be taken consecutively at a time) each year when the Father has leave from work, upon providing forty-five (45) days advance notice to the Mother. The Father's periods of custody , \ 1 .' i , ... under this provision shall rot be scheduled to conflict with the Mother's peri0d9 of holiday custody. O. The parties shall alternate custody of the Child on holidays as follows: A. The Father shall have custody of the Child in even numbered years on Easter, July 4th and Thanksgiving and in odd numbered years on New Years Day, Memorial Day, and Labor Day. For the Christmas holiday, the Father shall have custody of the Child in odd numbered years fran December 24 at 5:00 p.m. until December 25 at 12:00 p.m., and in even numbered years, from December 25 at 12:00 p.m. until December 26 at 7:00 p.m. The Father shall have custody of the Child in every year on Martin Luther King, Jr. Day and Columbus Day. B. Tho Mother shall have custody of the Child in even numbered years on New Years Day, Memorial Day and Labor Day, and in odd numbered years on Easter, July 4th and Thanksgiving. For the Christmas holiday, the Mother shall have custody of the Child in odd numbered years fran December 25 at 12:00 p.m. until December 26 at 7:00 p.m., and in even numbered years fran December 24 at 5:00 p.m. until December 25 at 12:00 p.m. The Mother shall have custody of the Child in every year on Presidents' Day and Veterans' Day. . 9. The holiday custody schedule shall take precedence over the regular custody schedule and shall begin at 5:00 p.m. the evening before the holiday and continue until 7:00 p.m. on the day of the ~oliday, unless specified otherwise in this Order. 10. For all cllBtody exchanges under this Order which do not take place at the Child's daycare provider, the parties shall exchange custody at a location halfway between their respective hares in Maryland and New Cumberland. The specific location shall be established by mutual agreement of the parties. , ~. 11. If either party decides to relocate his or her residence, the relocating party shall give the other party a minimum notice of sixty (60) days so that, if desired, the custody arrangement could be renegotiated. 12. Both parents understand the need to provide a loving and stable environment for the Child and agree to place their personal differences aside and work for the best interest of the Child. 13. Both parties shall encourage contact between the Child and the other party. Neither party shall make derogatory conments about the other in the presence or hearing of the Child. 14. Each party shall provide the other party with reasonable telephone access to the Child. 15. Each party shall provide the other party with his or her -, current home address, home telephone number and work telephone number. The parties shall update this information as necessary. BY THE COURT, ce: 'l'hQll1il8 D. Gould, Esquire/Counsel Eat;her Toledo/Defendant-Mother Joanne H. Clough, Esquire /J;/ Heas, J. ~...,~l 3/",)97 ,J,.~. JOSE ANTCtUO TOLEOO, Plaintiff IN THE OJURT OF CC'.f1MCll PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs. NO. 96-888 CIVIL TERM . . ESTHER TOLEDO, : CIVIL ACTIOO - LAW : IN CUSl'ODY Defendant PRIm JUIlGB: ltevin A. IIe88 aJffi'CVY cn.cILIATICN SlMU\IN RBl'CRI.' IN AaDUlANCB WlTH 0JmERLAND c:xlNl'Y RIILB a? CIVIL PR) "" 'l.RB 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: IWIB Dl\TB 01." BIRTII CUUU!Nl'Ly IN aJST(DY a? Allison E. Toledo December 28, 1993 Defendant/Mother 2. An initial Conciliation Conference was held in this matter on April 2, 1996, which resulted in an agreement whereby the parties had shared legal custody, the Mother had primary physical custody and the Father had substantial partial physical custody of the Child. The agreement was entered as a Court Order on April 11, 1996. The Father subsequently filed a Petition to Modify and a second Conciliation Conference was held on December 12, 1996, with the following individuals in attendance: The Father, Jose Antonio Toledo, with his counsel, Thanas D. Gould, Esquire, and the Mother, Esther Toledo, with her counsel, Joanne H. Clough, Esquire. 3. At the conclusion of the Conciliation Conference, the parties were very close to reaching an agreement on a custody schedule and it was agreed that the parties would finalize the details of an agreement with the assistance of counsel. The Conciliator was subsequently notified by counsel, however, that the negotiations had broken down with respect to minor details, and no agreement had been finalized. There is now sane question as to whether the Mother is represented by counselor will be representing herself in these proceedings. In order to finally resolve this matter, it appears to be necessary to schedule a Hearing. However, the Conciliator is hopeful that the parties will find that the custody arrangements proposed in the temporary recOl111lended Order are serving the best interests of the Child and the Hearing will not ultimately be necessary. 4. The Father's position on custody is as follows: The Father's Petition for Modification was based on the fact that since the prior Order, he had moved from Cumberland County to Maryland. The Father propoeed a shared custody arrangement whereby the parties exchange custody on a weekly ...-. basis since the Child is still of preschool age. Although the Father was willing to tt'Y an extended altemating weekend partial custody arnngement with an extra weekend each month, he sought to have his additional weekly pet'iods of custody increased to provide more contact with the Child. Due to the travel distance, the Father is not able to get to the Child's daycare provider by 5:00 p.m. and proposed that his gidfriend (with whan the Mother gets along well according to the Father) or another responsiblll adult be able to pick the Child up frem daycare when he is unable to do so. 5. The Mother did not believe a weekly shalred custody arrangement would be in the Child's best interest and therefore opposed the Father's proposal. The Mother was agreeable to the extended alternating weekend partial custody schedule with one additional weErkend period per month for the Father. The Mother opposed the Father's request for a substantial increase in his weekly periods of custody throughout the year. Finally, the Mother sought to have only the Father provide transportation of the Child frem the daycare to the Father's residence. 6. Although not included in the reconmended Order due to the SCheduling of a Hearing, the Conciliator encourages the parties to follow through with th~ir tentative agreement to obtain counseling for the purpose of improving comnunications b6tween them and to assist them in managing an ongoing custody schedule in a manner beneficial to their Child. .' 7. The Conciliator recomnencls an Order in the fom as attached.u fY\~dl & 19'-)7 Date . ~~..~ Dawn S. Sunday, Esqu r CUstody Conciliator I t j .. t l ~l .> JOSS ANTONIO TOLEDO, IN THE COURT OF CO~~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. I I ISTHER TaL&DO, I I Det.Ad.At I NO. 96-888 CIVIL TIRM CIVIL ACTION - LAW I I I CUSTODY ACTION 'U-TRUL M&MORANDUM OF PLAINTIFF, JOB& A. 'rClLJ:DO This custody case began when the Plaintiff was reassigned by the Marine corps to do recruiting out of Baltimore, MD. The Plaintiff filed a Petition to Modify Custody on November 19, 1996. A pre-Hearing Custody Conference was held before Dawn Sunday on December 12, 1996, Both parties were represented by counsel at the conference, After a lengthy discussion a tentative agreement was reached. The specifics of the agreement were to worked out and submitted to Ms. Sunday. The negotiations centered around Plaintiff's desire to annually have six (6) uninterrupted week long periods of time with his daughter. The Defendant did not want to gi ve him more than four (4) weeks and wanted to restrict his uninterrupted periods to times to when he was on leave from his employer. After much negotiations and an impasse regarding the number of uninterrupted weeks, counsel sent it back to Ms. Sunday for a recommended order. On March 7, 1997 Judge Hess signed Ms.Sunday's recommended order setting the uninterrupted time at five (5) weeks. The order also set this matter for a June 5, 1997 hearing. .- Although the Plaintiff would like to see his daughter every day, and had requested shared custody of alternating weeks, he is willing to abide by the current order with minor changes. He would like to need to give only 30 days notice of his uninterrupted week long periods and he would like the restriction removed regarding the need for him to be on leave from hiy employer during his entire time of uninterrupted periods. In exchange he would agree to also allow Defendant five (5) weeks of uninterrupted periods and also would agree to require that the uninterrupted times be in conjunction with one of the parties regular weekend periods. The following are a list of the witnesses that the Plaintiff intends to call at the hearing, 1. Jose A. Toledo, plaintiff, testify as to his relationship with his daughter and his living and employment situation. 2. Esther Toledo, Defendant, testify as of cross examination regarding her living and employment situation. Also her attempts to restrict the relationship between plaintiff and his daughter. Her attempts and threats to cause injury to plaintiff's employment status. 3. Liz and Chip Jackson, observations of the relationship between Plaintiff and his daughter. 4. Brenda Twigg, Daycare provider, observations and commitment of plaintiff to his daughter. S. Deanna Williams, observations of Plaintiff with his child. Observations and interaction between herself, Plaintiff and Defendant and child. 6. Eliaa & Donna Betancourt, observations of the interaction between the parties and their child. 7. Danny & Lucy Betancourt, observations of the interaction between the parties and their child. 8. John C. Rosero, his relationship with Defendant and his relationship with Plaintiff's child. The activities between Defendant and her child and Plaintiff and his child. Respectfully submitted, ?tn.ml h ~tI Thomas D. Gould, Esquire 1.0.1 36508 2 E. Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 JOS!!: AIITONIO TOLIlDO, I IN THB COURT 0.. COIOCON PLUS I CUMBIRLAlfD COUlln, PEHHSYLVJUlIA PI.bUff I I V. I NO. 96-888 CIVIL TERM I ISTHBJt TOLEDO , I I CUSTODY ACTION Defendant I PITITION TO MODI"Y CUSTODY oanER i I , i I , ! I I 1. The Plaintiff is Jose Antonio Toledo residing at 367 Constitution Court, Glen Burnie, MD 21061. 2. The Defendant is Esther Toledo whose last known address was 613-B Geneva Drive, Mechanicsburg, Cumberland County, PA 17055. The Plaintiff seeks to Modify the Order dated April 11, 1996 by providing for a shared custody order consistent with his work schedule and the best interest of his child. Respectfully submitted ,I -Jtnn~/J'J) ~Jd Thomas D. Gould, Esquire ID #36508 2 E. Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 I " YBRUI CA'I' 10. I , JOS8 Antonio Toledo, hereby certify that the foreqoinq PI'I'I'I'IO. 'l'O MODlry CUS'I'ODY Oao&R is true and correct to the best of my knowledqe, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relatinq to unsworn falsification to authorities. DATED: /'5;,.,/ji/ /,,:/YC1' , .". ~-.., ~/ ( L (' "-. ( '( "Y~....)-,~~- ,...J.... ~-~. :.r ;Jose Antonio Toledo Plaintiff/father / r r APR 11 1996 ~r-"- JOSE ANTCNIO 'roLEOO, plaintiff IN THE COURT OF CCt1MON PLEAS OF CUMBERLAND 0JUN'l"[, PENNS'iLI/ANIA v,. : NO. 96-888 CIVIL TERM ':.. : Defendant : CIVIL ACTION - LAW IN CUSTODY ESTHER 'roLEOO, ClUlER or CXXJRJ.' . AND NtW, this / / f1.- upon consideration of the attached ordered and directed as follows: day of tL,,,,,; j Cuatody ~it'ion , 1996, Report, it is 1. The Mother, Esther Toledo, and the Father, Jose Antonio Toledo, shall have shared legal custody of Allison E. Toledo, born December 28, 1993. The parties shall con.sult with each other in making all major decisions affecting the Child's health and well being, including, but not limited to. major medical, religious and educational decisions. 2. The Mother shall have primary physical custody of the Child. , 3. The Father shall have partial physical custody of the Child on alternating weekends from Thursday aftet' work until Monday morning and during the intervening weeks from Thursday after work until Friday morning. Unless prior arrangements are made, the Father shall pick up the Child from the childcare ,provider by 5:00 p.m. on the specified days and return the Child to the daycare provider on the specified mornings. 4. follows: A. The parties shall alternate custody of the Child on holidays as The Father shall have custody of the Child in even m.uooered years on Easter, July 4th and Thanksgiving and in odd numbered years on New 'lears Oay, Memorial Oay, and Labor Oay. For the Christmas holiday, the Father shall have custody of the Child . in odd numbered years from December 24 at 5:00 p.m. until Oecentler 25 at 12:00 p.m., and in even numbered years, from Decetri:ler 25 at 12:00 p.m. until December 26 at 7:00 p.m. The Father shall have custody of the Child in every year on Martin Luther King, Jr. Day and ColUJri:lus Oay. B. The Mother shall have custody of the Child in even nurrbered years on New Years Oay. Memorial Oay and Labor Oay, and in odd nurrbered years on Easter, July 4th and Thanksgiving. !'or the Christma.s holiday, the Mother shall have custody of the Child in odd nurri:lered years from Oeceriler 25 at 12:00 p.m. until Oecetri:ler 26 at 7:00 p.m., and in even nurri:lerod years from Oecetri:ler 24 at 5:00 p.m. until Oecerri:ler 25 at 12:00 p.m. The * . . Mothel:' shall have CU.!ltody of the Child in every year on Pl:'esidents' Day and Vetel:'ans' Day. 5. The parties shall exchange custody of the Child fol:' holidays at a public place to be mutually agned upon by the parties. The holiday custody schedule shall take pncedence over the regular custody schedule and shall begin at 5:00 p.m. the evening before the holiday and continue until 7:00 p.m. on the day of the holiday, unless specified otherwise in this Order. 6. The Father shall have custody of the Child for two consecutive or non-consecutive weeks each year upon providing forty-five (45) days advance notice to the Mother. The Father's custody under this provision shall not be scheduled on Mother's periods of holiday custody. 7. If either party decides to relocate and the relocation would require a change in the custody schedule, or if the proposed relocation exceeds a fifty (50) mile radius, the relocating party shall give the other party a minimum noti.::e of sixty (60) days so that, if desired, the custody arrangement could be renegotiated. 8. Both parents understand the need to provide a loving and stable environment for the Child and agree to place their personal differences aside and work for the best interest of the Child. 9. Both parties shall encourage contact between the Child and the other party. Neither party shall make derogatory cOllll1ents about the other in the presence or hearing of the Child. 10. Each party shall provide the other party with re~sonable te~ephone access to the Child. 11. Each party shall provide the other party with his or her current home address, home telephone number and work telephone numl:ler. The parties shall update this information as necessary. 12. The provisions of this Order shall supersede the custody provisions of this Court's prior Order dated December 7, 1995 under docket number 95-6713. 13. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Thanas D. Gould, Esquire Michelle Stokes, Esquire tV 'f ~ fl. -#ld4. levin A. Hess, Judge TRUE COPY FROM RECORD In TVOltit1lOl1Y whereof, I here unto set my hind ........ "... ""'~. ~ r~-f'k-. ~ 01 . I 711 JufL'tl., 'J . P,Olhu.~y "- 1,< t"i .'") , C. ., r "--j ! -.~1 , } ~) . ;.j ,J ~:' JC) , -~- J ,.. , } ...~> - .' 1\ ,:'1 ::""'J -< \ , ',11 IT; I FF' S 1:E:TUrm - OUT or COUNTY , ,\:cF NI J: 1 'J'Jh -illi<le13tl P CUMMUNWF:A'. rH IJI-' P,:NNSYLVMUA: CLJUNrY 'iF CUMtlUlLAND TUl.I.;DU JUS.; AN ruN III vs. rUU,Du I:Sf'IIER _H. Thomas Kl,ne , Sheriff, who being duly sworn according and inquiry for the within to law, says. that h... mad... a diligent search named defendan t, to wit I TOIYOO .;STIWR but vas un~bl~ to tocute dmputl~md the ~hertff of Her ,n hi:;, baitiwick. lie therofore OAUPII [N CUIJNTY __ County. Pennsylvan,a. tll aerv," t.he 'nthi.n CUMI'I.AINT - CIJSTUOY OAUI-'IIIN CiJlJNTV County, receipt of Pennsylvania. lJn ['C'cember ~jth. the' attached return from t 'J')f; " thi.s office vus in Sheriff's Costs I Docketing Out of County Surcharge DAUPHHI COUNTY lR.00 9.00 2.00 30.50 S~~.50 THOMAS GOULD 12/05/l9'3(' So an3vers:. , ,,' ( . . _"/> .'>'~.,.~.;tV rO"-___~ , . '-. ~ W, Thomas K11ne, Sher1ff '--j~"L4- G,'. ~ I~- , Prothonotary , I , I I f i , SVllrn and subscribmd to before me th18 /-3 ~ day of J01n.. L..J lY "1._ A, O. ,. " Mary Jane Snyder Ho.JI ~_ .tdt., Um:IJly Office of the Sheriff William T, TLl/ly Soljt;/for MIchael W. Rinehart A31iiat8rn Chle' Oeputy Ralph G. McAllisler ChlfJr Df)PI~I~ OlllJphln (;f)unry I-f8rrJ50UfU. Ponn!"yl\lnn,~ "'01 (11! j <.'!;t -?6dU J, R, Lotwick Sheriff COMMONWEALTH OF PENNSYLVANIA COUNTY OP DAUPHIN SHERI'"S RETURN No. 0554.T - _ -96 OTHER COUNTY NO. 96-888 AND NOW. November 26, 1996 at 1,19PM served the within ORDER TO COURT, PET TO MODIFY CUSTODY TOLEDO ESTHER Upon by per8on~11y h~nding to TOLEDO ESTHBR 1 true attested COPY(ies) of the origin~l ORDER TO COURT, PET TO MODIFY CUSTODY and making known to him/her the contents thereof at P,O,E. VILLA TERESA NURSING HOMB 1051 AVILA AD, HARRISBURG, PA 00000-0000 SWorn and subscribed to before me this 26'rH d"'Of NOVUlBER, 1996 <:1_. I , . ! \ \ ,.. r, "" /1 I ' , '-...It ;,-, {......,". C "';., U~ I PROTH~JO~Jy' I Li, / I 9~ ~erif! of Dauphin County, Pe. G ~ '7-- eLl BY ,: '::"""i(. , !",c...:.c....J-e- DEPUTY SHERIF' JR Sheriff's COStSI $30,50 PD 1i/25/96 RcPT NO 086657 _-..II l~ I"''' r....,.,..... CT I ...-,-..olt_ .-i,-_--_S ~-l I -1.....'.-.:~~~-......,. ~ l ..'(.:--....'1 .. -~.";~ ""-.......... t 'w':'4u"...,';'i _ '-00.,J,.._...... .-,,_........, "',1 ...-:.....!""Icoyl"--'.... I _.H,,",,, __l.t.... ,JfJ~-i~ ^r\ttJrlll.1 'l'oledo .,-S. Ft." I ht'1 1'0 I Nln ::-ra, 96-888 Civil Term :!'- ~ow. Nov. 22. 1996 :9_ 1. S:~..z:]' O~ C::;'[3:::?,,!,.A..'i1J CO-:.~~y. ?..~ c:J ~=-~ "-r:= tb .r:-r;r ol Dauphin Cwu:::r ~ ==-.::: .:.:. 9.'1::; ~ ~\;==---u =:b.t -....I. :it == ::=:r-== ~d :.:~ ~i == ?f..:_:=. /',;...r>-"'" , ~ ~';:-",:.r"---~ l' - 'P; ~ S4L-~ c~ C:=::er.:d C~u:tT. ?~ . .l '::::d.,~t or-... . ~ ..... ==e.--n~ :iow, ~9 , o'':!cc:: "t .- .-- --'"-. ~~ ""....:.. I 'J?OQ I U '=r :.u:c:!:i ::J ~ I- ....:,: ai = :,~. ..f .... U1d = i:::awu :0 . . :.::: ,:::~-""'I: :::.-::r. So a::sw::i, I ".~'l' of Cowo:r. ;>,s. . ~w-::::. ::c! s::~::e:: t:e= . .:, _6:!=i l~_ cosn '~... ....Ic::: ~cru..'.CZ ~:uJA""17 .3 5 ~~ r m~m ~gE-<:;o ~"':.'i ..... 5 ..... ~ i~fi~J ..... ~ I H ~ ~j "" '0 - c: .. '"'.1 <9 ~~ ~ I 1.g ~ !:: ~~ ~ go. . 21 i If!. eo;; ." ~ ~>< 'll. 11 =.. ~ ~..,~ 0 g j! loi'''1Ii. 0 ~ ~ :~H H l 1- ~ ~5 ~ "D ,9 g : ;1 ~ . MJ 0, ~ ~ E-<~~ f 8 .. ~ & ~ 1 . JOSE AN'I'ONIO TOLEOO, Plaintiff IN THE COlJR'l' OF <nIMON PLEAS OF : CUMBERLAND COUN'l'Y, PENNSYLVANIA : vs. : NO. 96-888 CIVIL TERM : Defendant : CIVIL ACTION - LAW : IN CUSTODY ESTHER TOLEDO, MID 101, this ~ day of upon consideration of the attached Custody ordered and directed as follows: J4~ ConcH ation , Report, 1996, it is i i ! i I I [ I ! I auJI!R (N <nRr 1. The Mother, Esther Toledo, and the Father, Jose Antonio Toledo, shall have shared legal custody of Allison E. Toledo, born Decentler 28, 1993. The parties shall consult with each other in making all major decisions affecting the Child's health and well being, including, but not limited to, major medical, religious and educational decisions. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Thursday after work until Monday morning and during the intervening weeks from Thursday after work until Friday morning. Unless prior arrangements are made, the Father shall pick up the Child from the childcare provider by 5:00 p.m. on the specified days and return the Child to the daycare provider on the specified mornings. 4, The parties shall alternate custody of the Child on holidays as follows: A. The Father shall have custody of the Child in even nuntlered years on Easter, July 4th and Thanksgiving and in odd nuntlered years on New Years Day, Memorial Day, and Labor Day. For the Christmas holiday, the Father shall have custody of the Child in odd nuntlered years from Decentler 24 at 5:00 p.m. until Decentler 25 at 12:00 p.m., and in even nuntlered years, from Decentler 25 at 12:00 p.m. until Decembet' 26 at 7:00 p.m. The Father shall have custody of the Child in every year on Martin Luther King, Jr. Day and Columbus Day. B. The Mother shall have custody of the Child in even nuntlered years on New Years Day, Memorial Day and Labor Day, and in odd nuntlered years on Easter, July 4th and Thanksgiving. For the Christmas holiday, the Mother shall have custody of ~he Child in odd nuntlered years from Decentler 25 at 12:00 p.m. until Decentler 26 at 7:00 p.m., and in even OI.ll00ered years from December 24 at 5:00 p,m. until Decentler 25 at 12:00 p.m. The i , ) .~' ') l~, 1 ',' I ; \ i l ~ .~ t \ ~ 1 , ~ Mothe~ shall have custody of the Child in every yea~ on P~esidents' Day and Vete~ans' Day. 5. The pa~ties shall exchange custody of the Child fo~ holidays at a public place to be mutually ag~eed upon by the pa~ties. The holiday custody schedule shall take p~ecedence oVe~ the ~egula~ custody schedule and shall begin at 5:00 p.m. the evening befo~e the holiday and continue until 7:00 p.m. on the day of the holiday, unless specified otherwise in this Order. 6. The Father shall have custody of the Child for two consecutive or non-consecutive weeks each year upon providing fo~ty-five (45) days advance notice to the Mother. The Father's custody unde~ this provision shall not be scheduled on Mother's pe~iods of holiday custody. 7. If eithe~ pa~ty decides to relocate and the ~elocation would requi~e a change in the custody schedule, or if the proposed relocation exceeds a fifty (50) mile ~adius, the ~elocating party shall give the other party a minimum notice of sixty (60) days so that, if desired, the custody arrangement could be renegotiated. B. Both parents understand the need to provide a loving and stable envirorunent for the Child and agree to place their pe~sonal differences aside and work fo~ the best interest of the Child. 9. Both parties shall encourage contact between the Child and the other party. Neithe~ party shall make derogatory comments about the other in the presence or hearing of the Child. 10. Each party shall provide the other pa~ty with reasonable telephone access to the Child. 11. Each party shall provide the other party with his or home address, home telephone number and work telephone number. shall update this info~tion as necessary. her current The parties 12. of this 95-6713. The provisions of this order shall supe~sede the custody provisions Court' s p~ior O~der dated December 7/ 1995 under docket number 13. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the p~ovisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Thomas D. Gould, Michelle Stokes, 'I 1\ ,I ~ . Hess, Judge Esquire t IP'.... Esquire P1, b,L '},........ I~ If( 11)/4' ' I'" :1 , ;. .. -- -- .,--~-- ",.. ,-r} ; 1,....' ..... ~ i ~ ~~ - ~ , \\ ~~' , ~ \) 11'_ ( 0, r: I.; ( , , L..' 1..- . ' l . " , t.: ~;1 '_J ~ ''\ '~ \D ^t\j ~ .,. i ~~ \,1. ~ '''''I" \0- IX Z _ . <( :n :t; .l. ~ )0 z 0 M . W - ~Ul " z., , i a: % ~ ~ g W :I ,... J ~ N i ~ " JOSE JUl'l'OIlIO TOLJ:DO , I III THE COURT OF COMMOR PLEAS I CUMBERIJUlD COUllTY, PIIlIISYLVAIIIA Plaintiff I I V. I 110. 96- ~~: $J- CIVIL 'l'SRM I BS'l'HIIR TOUDO, I CIVIL ACTIOII - LAN I DefeDclan1: I CUSTODY ACTIOII ORDER OF COURT AIID liON, upon consideration of the attached complaint, it is hereby directed that the appear before _O"-W{\ ) '7;cl W. M",f) 'St :>'It-day of Iff"~ parties and their re!\1pective counsel S~~J~y . Esquire, the Conciliator, at /"I'J..c k"..,', \. SJo...,., on the - tJ') , 1996, at .111 _.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the ! , ~ conference may provide grounds for entry of a temporary or permanent order. J t J i I I' . 1. I I. For;:)fJ Court, /ft/ ~." A.d"..b~/ 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. OFFICE OF THE COORT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 2'0-6200 EXT 6200 JOSS AJlTOJUO TOLIlDO , I IN THI COURT or COMMON PLBAS I CUMBIRLAJlD COUJI'rY, PEDSYLVUIA Plaintiff I I Y. I 110. 96- CIVIL TERM I ISTHBR TOLIlDO, I CIVIL ACTIOII - LAN I Defendant I CUSTODY ACTIOII CUSTODY COMPLAIIIT TO THB HOJIo.a.'.~ JUDOIS or SAID COURT I 1. The Plaintiff is Jose Antonio Toledo residing at 80 Fisher Road, York Haven, York County, Pennsylvania 17370. 2. The Defendant is Esther Toledo, residing at 613-B Geneva Drive, 124, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: IAHI PRESENT RESIDENCE Allison E. Toledo 613-8 Geneva Drive Mechanicsburg, PA 17055 J!gD 12/28/93 The child was not born out of wedlock. The child is presently in the custody of Esther Toledo, 613 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. During the past three years, the child has resided with the following persons and at the following addresses: 'eraODa Addr..... Dat.. Mother 613 Geneva Drive 10/95 - present 12/28/93 - 10/95 Mother & Father 80 Fisher Road -- , , I t \ t l I. , , , , ' I ~~ ), I ~' I, - The mother of the child is E~ther Toledo, currently residing at 613 Geneva Drive, Mechaniceburg, Pennsylvania 17055. She 1. married to Father. The father of the child 1s Jose Antonio Toledo, currently residing at 80 Fisher Road, York Haven, Pennsylvania 17370. He is married to MotheI', 4. The relationship of Plaintiff to the child ie that of father. The Plaintiff currently resides with the following persons: None 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: ..... Relation.bip Allison E. Toledo Daughter John c. Rosero Male Friend 6. Plaintiff has not participated as a part or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. However a custody provision was included in a Stipulated Agreement, approved by the Judge Hess on December 7, 1995, docket No. 95-6713, relating to a Protection From Abuse Petition. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to tae child. t, -' I verify that the statements made in the Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: , v ,W,;:, '';'.,'' .... ~ " l ) '1 . ,; " ./', ..... /. -" .. -, . M~ I t ;,:6':':'- ~ '" e:,. f{.-- "Jose Antonio Toledo " ~ i . I. " 4 ..... JOSE ANTONIO TOLEDO, Plaintiff IN nlE COURT OF COMMON PUiAS OF CUMBERLAND COUNTY, PENNSYLVANIA '11" ~0888 C1VlL t , vs, ESTHER TOLEDO, Defendant CIVIL ACflON - LAW IN CUSTODY ORDER, AND NOW, this I :l. ~ day of June, 1997, following hearing and careful .onsideration of the testimony addu.ed, it is ordered and directed that: l. The mother, F.sther Toledo, and the father, Jose Antonio Toledo, shall have shared legal custody of Allison E. Toledo, born December 28, 1993. 2. The parties shall consult with ea.h other in making all major decisions affecting the .hild's health and well being including, but not limited to, major mediclll, religious and educational decisions. 3. The mother shall have primary physical custody of the child. i I ~ 4. The father shall have partial custody of the child on alternating weekends from . Thursday after work until Monday morning and during one additional weekend per month, every 4 other month, from Thursday after work until the following Saturday at 12:00 noon. 5. ln addition, the father shall have partial custody of the child for five weeks (no more f. than two to be taken consecutively at a time) each year when the father has leave from work, upon providing forty-five (45) days advance notice to the mother. The father's periods of '. custody under this provision shall not be scheduled to conflict with the mother's periods of holiday custody. 6, The parties shall alternate custody of the child on holidays as follows: A. The father shall have custody of the .hild in even-numbered years on Easter, July I I , , , . ..' .' -- FED i')FF1~E C'.: ~, : .." ",j"''';/"''fi1"''R'I ." ...I.,l,j I 91 JUlI12 f':1 2: 59 C,"". ',., . ",i\'/Y '.n,L.....I.~/'.\.. \."t\,l~,. FENNS m:J\NU\ , . I , , :1 I , ' i t ,. ,. " ;j! , I;, I I.' - ~th and Thanksgiving, and in Ildd.numhered years on New Year's Day, Memoriill Ihy. and Labor Day. For the Christmas holiday, the father shall have custody of the child in odd-numb.,red years from December 2~th al 5:00 p.m. until December 25th at Il:OO I , I I , noon, and in even-numbered years, from December 25th at 12:00 noon until December 26th at 7:00 p.m. The father shall have cu.stody of the child in every year on Martin Luther King, Jr. Day and Columbus Day. B. The mother shall have custody of the child in even-numbered years on New Year's Day, Memorial Day and Labor Day, and in odd.numbered years on Easler, July l t ! i ' I , 4th and Thanksgiving. For the Christmas holiday, the molher shan have custody of the child in odd-numbered years from December 25th at 12:00 noon until December 26th at 7:00 p.m., and in even-numbered years from December 24th at 5:00 p.m. until December 25th at 12:00 noon. The mother shall have custody of the child in every year on Presidents' Day and Veterans' Day. 7. The holiday custody schedule shall take precedence over the regular custody schedule and shall begin at 5:00 p.m. the evening before the holiday and continue until 7:00 p.m. on the day of the holiday, unless specified otherwise in this order. 8. For all custody exchanges under this order which do not take place at the child's daycare provider, the parties shan exchange custody at a location halfway between their respective homes in Maryland and N~w Cumberland. The specific location shan be established by mutual agreement of the parties. 9. I f either party decides to relocate his or her residence, the relocating party shall give the other party a minimum notice of sixty (60) days so that, if desired, the custody arrangement could be renegotiated. r 10. Both parents understand the need to provide a loving and stable environment for the child and agree to place their personal differences aside and work for the best interest of the '. , ~ - <hill!, 11. Both parties shall encourage contact between the child and the other party. Neither party shall make derogatory comments about the other in the presence or hearing of the child. 12. Each party shall provide the otht'r party with reasonable telephone access to the <hild. 13. Each party shall provide the other party with his or her current home address, home Ich:phone number and work telephone number. The parties shall update this information as necessary. BY THE COURT, I Thomas D. Gould, Esquire For the Plaintiff I fr '-'- Barbara Sump Ie-Sullivan, Esquire For the Defendant ~4'~<l. &>/13/'1? ..JJ. f - :rlm } \_,; " ,-', -i (; "