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HomeMy WebLinkAbout02-5772 JOSEPH R. GONZALEZ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODY / VISITATION ~ No. 0.2- j"17,2. G..-i( - I L{?, SANDRAL.GONZALEZ Defendant COMPLAINT FOR PARTIAL CUSTODY AND VISITATION AND NOW, comes Plaintiff, Joseph R. Gonzalez, by and through his counsel, Valerie J. Faden, Esquire, and avers as follows: COUNT I PARTIAL CUSTODY OF NATURAL CHILDREN 1. The Plaintiff, Joseph R. Gonzalez, is an adult male residing at 724 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, Sandra L. Gonzalez, is an adult female residing at 39 Pheasant Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks partial custody of the following children: Name: Residence: D.O.B: Mercy R. Gonzalez 39 Pheasant Ct. Mechanicsburg,Pi\ 02/12/98 Joshua 0, Gonzalez 39 Pheasant Ct. Mechanicsburg, P i\ 05/06/93 Joseph R. Gonzalez, Jr, 39 Pheasant Ct, Mechanicsburg, PA 12/30/91 The children were not born out of wedlock. 4. The children are presently in the custody oftheir natural mother, Sandra L. Gonzalez, residing at 39 Pheasant Court, Mechanicsburg, P i\ 17055. Sandra L. Gonzalez, natural mother ofthe children, is married to Joseph R, Gonzalez, natural father of the children. 5. During the past five years, the children resided with the following persons and at the following addresses: Name: Residence: Dates: Sandra L. Gonzalez 39 Pheasant Ct. Mechanicsburg, P A June 2001 to present Joseph R, Gonzalez 39 Pheasant Ct. Mechanicsburg, P A June 2001 to July 5, 2002 Sandra L. and Joseph R. Gonzalez Delbrook Road Mechanicsburg, P A November 1996 to June 2001 6. The relationship of Plaintiff to the children is that of natural father. 7. Plaintiff currently resides with the following persons: Name: Relationship: Ronald Neidig Friend Helen Neidig Friend 8. The relationship of Defendant to the children is that of natural mother. 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court, Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person. not a party to these proceedings, who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 10. The best interests and permanent welfare of the children will be served by granting Plaintiff's request because Defendant continues to repeatedly deny Plaintiff any regular periods of physical custody of his children. Defendant continually refuses to permit contact between the children and Plaintiff by telephone. Plaintiff is concerned that Defendant's continued involvement in a charismatic Christian church, which has encouraged the dissolution of the family unit and the alienation of the children from Plaintiff, is not in the children's best interests and places them at substantial risk of emotional harm, Plaintiff is also concerned that certain disciplinary tactics utilized by Defendant's church, and supported by Defendant, also place the subject minor children at a substantial risk of emotional harm. 11, Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests this Court to enter an Order confirming shared legal custody of the children and granting partial physical custody to Plaintiff, Joseph R. Gonzalez. COUNT II PARTIAL CUSTODY AND VISITATION OF STEPCHILD 12. Plaintiff hereby incorporates paragraphs 1 through 11 by reference. 13. Plaintiff seeks partial custody and visitation of the following child: Name: Residence: D.O,B. Timothy Lewis Sunday Gonzalez 39 Pheasant Ct. ~echanicsburg,PA 10/11/88 The child was born out of wedlock 14, The child is presently in the custody of his natural mother, Sandra L. Gonzalez, residing at 39 Pheasant Court, ~echanicsburg, P A 17055. Sandra L. Gonzalez, natural mother of the child is currently married to Joseph R. Gonzalez, stepfather to the child for 12 years. 15. During the past five years, the child resided with the following persons and at the following addresses: Name: Residence: Dates: Sandra L. Gonzalez 39 Pheasant Ct. June 2001 ~echarUcsburg,PJ\ to present Joseph R. Gonzalez 39 Pheasant Ct. June 2001 ~echanicsburg, P J\ to 07/05/02 Sandra L. and Joseph R. Delbrook Road November 1996 Gonzalez ~echarUcsburg,PJ\ to June 2001 16, Relationship of Plaintiff to the child is that of stepfather. 17. Plaintiff currently resides with the following persons: Name: Relationship: Ronald Neidig Friend Helen Neidig Friend 18. The relationship of Defendant to the child is that of natural mother. 19. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody or visitation of the child in this or another court. Plaintiff has no information of a custody or visitation proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person, not a party to these proceedings, who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 20. The best interests and permanent welfare of the child will be served by granting Plaintiff's request because Defendant continues to repeatedly deny Plaintiff any regular periods of custody and/or visitation with his stepson, Defendant continually refuses to permit contact between stepson and Plaintiff by telephone, Plaintiff is concerned that Defendant's continued involvement in a charismatic Christian church, which has encouraged the dissolution of the family unit and the alienation of the child from Plaintiff, is not in the child's best interests and '. places the child at a substantial risk of emotional harm. Plaintiff is also concerned that certain disciplinary tactics utilized by Defendant's church, and supported by Defendant, also place the child at a substantial risk of emotional harm. 21. Plaintiff is unaware of the whereabouts of the natural father of this child and is unaware of the status of the natural father's parental rights to this child. Plaintiff is unaware of any contact between the child and his natural father since 1990, when Plaintiff married Defendant. The parental rights of the natural mother of this child have not been terminated and the natural mother is the person who has physical custody of this child and she has been named as a party to this action. WHEREFORE, Plaintiff respectfully requests this Court to enter an Order granting shared legal custody and partial physical custody or visitation of Timothy Lewis Sunday Gonzalez to Plaintiff, Joseph R. Gonzalez. Respectfully submitted, November ~, 2002 v:J~~ Valerie J, den, Esquire I.D. 87442 2807 Market St. Camp Hill, PA 17011 (717) 920-9460 Attorney for Plaintiff '. VERIFICATION I, JOSEPH R. GONZALEZ, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa,C.S, ~4904, relating to unsworn falsification to authorities. Date: November!!.., 2002 ~:~ .' ~ '--"", " ~ c::><:) -...... ~\ - ~ <:> ~ ~ r",~ -- c::::: PlU'\ c./". <::! o s; -tJr':~i rni';-; ~~ :'J::' -:, r i~; :P~ z -;J -- r.:J r-- ,~ -..", C) 'it C:J "'1 :") I 0.-) ~~i "Tl :J." -n ~~n ~'~'" ~ N ..~..) ~ ... JOSEPH R. GONZALEZ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODY I VISITATION SANDRAL.GONZALEZ Defendant : No. 02-5772 CERTIFICATE OF SERVICE I, Valerie J. Faden, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copies of the attached Order of Court and Complaint for Partial Custody and Visitation upon the Defendant by certified mail, return receipt requested and also by depositing same in the D,S. Mail, first class, postage prepaid, on the 12th day of December, 2002, addressed as follows: Sandra L. Gonzalez 39 Pheasant Court Mechanicsburg, P A 17055 By: y{f;;Ue.~ Valerie J.Jt~den, Esquire I.D. # 87442 2807 Market Street Camp Hill, P A 17011 (717) 979-4369 Attorney for Plaintiff JOSEPH R. GONZALEZ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUM$ERLAND COUNTY, PENNSYLVANIA v. 02-5772 CIVIL ACTION LAW ,. SANDRA L. GONZALEZ DEFENDANT IN CUSTODY ORDER OF COl.JRT AND NOW, Monday, December 09, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, January 13, 2003 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order, All children a~e five or older may also be present at t\J.e conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent orderf The court hereby directs the parties to furnish an~ and an existing Protection from Ab~ or~rs, '" ,..., Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled heatiJjg': ;"-1 ~'1; - ~-) FOR THE COURT. f=1 -' ' By: Isf Melissa P. lTTeevy. Esq. Custody Conciliator f/ :.1 ".,) I,:" -,,' 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 havi~g business before the court, please contact our office. All arrangements must be made at least 72 hours prior t9 any hearing or business before the court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR A TIORNEY AT ONCE. IF YOU DO NOT HAVE AN A TIORNEY 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 DEe 0 5 7.002 ~' JOSEPH It. GONZALEZ Plaintiff' : IN Tmt COURT OF CoMMON PLEAS : CUMB~RLAND coUNTY, PENNSYLVANIA v. . . : CIVILiACTION - LAW : CUSTODY I VISITATION ~ No. OJ.. - 1'7 1 ).. ~ SANDRA L. GONZALEZ Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set furtb in the fullowing pages, you must 13I<e prompt ll4'Iion. You are warned 1haI if you fail 10 do so the case may proceed without you and the Court q,ay outer an Order against you. AjudgmeDl may also be eutered against you fur any other claim l>r relief requested by the plaintiff. You may lose mOllCY or propertY or other rights important 10 YPu. including custody or visitatioo of your children. ' YOU SHOULD TAKE TIllS PAPER TO YOUl\l LAWYER AT ONCE. IF YOU DO NOT HAVE A LAwYER OR CANNOT AFFORD ONE. GO TO OR TELEPfIONE TIlE OFFICE SET FOKflIBELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 (717) 249.:.3166 ('OJ :. o C- o;" -t') ~ ?i: f;\ <I: ~;,. ,....., :~\ (."') ( > ~ ~{~: 't~O.' :y' ~:- 1';) :.~~ "J-' .~~~ v. : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY7PENNSYLVANIA : CIVIL ACTION - LAW : CUSTODY I VISITATION JOSEPH R. GONZALEZ Plaintiff SANDRA L. GONZALEZ Defendant : No. ORDER OF COURT AND NOW, this _ day of ,2002, upon consideration of the attached Complaint for Partial Custody and Visitation, it is hereby directed that the parties and their respective counsel appear before ' the conciliator, on the day of ,2002, at o'clock _.m., for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, Date: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office, All arrangements must be made at least 72 hours prior to any business or hearing before the Court. You must attend the scheduled conference or hearing. 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, P A 17013 (717) 249-3166 JOSEPH R. GONZALEZ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODY I VISITATION SANDRA L. GONZALEZ Defendant : No. COMPLAINT FOR PARTIAL CUSTODY AND VISITATION AND NOW, comes Plaintiff, Joseph R. Gonzalez, by and through his counsel, Valerie J. Faden, Esquire, and avers as follows: COUNT I PARTIAL CUSTODY OF NATURAL CIULDREN 1. The Plaintiff, Joseph R. Gonzalez, is an adult male residing at 724 Erford Road, Camp Hill, Cumberland County, Pennsylvania 2. The Defendant. Sandra L. Gonzalez, is an adult female residing at 39 Pheasant Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks partial custody of the following children: Residence: D.O.B: Name: Mercy R. Gonzalez 39 Pheasant Ct. Mechanicsburg, P A 02/12/98 Joshua O. Gonzalez 39 Pheasant Ct. Mechanicsburg, P A 05/06/93 Joseph R. Gonzalez, Jr. 39 Pheasant Ct. Mechanicsburg, P A 12/30/91 The children were not born out of wedlock, 4. The children are presently in the custody of their natural mother, Sandra L. Gonzalez, residing at 39 Pheasant Court, Mechanicsburg, P A 17055. Sandra L. Gonzalez, natmaI mother of the childreo, is manied to Joseph R. Gonzalez, natmaI father ofth. children. 5. During the past five years, the children resided with the following persons and at the following addresses: Name: Residence: Dates: Sandra L. Gonzalez 39 Pheasant Ct. Mechanicsburg, P A June 2001 to present Joseph R. Gonzalez 39 Pheasant Ct. Mechanicsburg, P A June 2001 to July 5,2002 Sandra L. and Joseph R. Gonzalez Delbrook Road Mechanicsburg, P A November 1996 to June 2001 6, The relationship of Plaintiff to the children is that of natural father. 7, Plaintiff currently resides with the following persons: Name: RelationshiR: Ronald Neidig Friend 8. The relationship ofDefendantto the children is that of natural mother. 9. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiffhas no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person, not a party to these proceedings, who has physical custody of the children or claims to have custody or visi1alion rights with respect to the children. Helen Neidig Friend 10. The best interests and pennanent welfare of the children will be served by granting Plaintiff's request becauSe neft:ndant continues to repeatedly deny Plaintiff any regular periods of physical custody of his children. Defendant continually refuses to permit contact between the children and P1aintiffby telephone, Plaintiff is concerned that Defendant's continued involvement in a c\JaIisDIatic Christian chmcb, which bas encomagec\ the dissolution of the family unit and the alienation of the children from Plaintiff, is not in the children's best interests and places them at substantial risk of emotional harm. Plaintiff is also concerned that certain disciplinary tactics utilized by Defendant's church, and supported by Defendant, also place the subject minor children at a substantial risk of emotional harm. 11. Each parent whose parental rights to the children have not been terminated and the person who bas physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests this Court to enter an Order confirming shared legal custody of the children and granting partial physical custody to Plaintiff, Joseph R. Gonzalez, COUN1' n PARTIAL CUSTODY AND VISITATION OF STEPCHILD 12, Plaintiff hereby incorporates paragraphs 1 through 11 by reference. 13. Plaintiff seeks partial custody and visitation of the following child: Name: Residence: D.O.B. Timothy Lewis Sunday Gonzalez 39 Pheasant Ct. Mechanicsburg, P A 10/11/88 The child was born out of wedlock 14. The child is presently in the custody of his natural mother, Sandra L. Gonzalez, residing at 39 Pheasant Court, Mechanicsburg, PA 17055, Sandra L. Gonzalez. natural mother of the child is currently married to Joseph R, Gonzalez, stepfather to the child for 12 years. 15. During the past five years, the child resided with the following persons and at the following addresses: Name: Residence: Dates: Sandra L. Gonzalez 39 Pheasant Ct. June 2001 Mecbanicsburg, P A to present Joseph R. Gonzalez 39 Pheasant Ct. June 2001 Mechanicsburg, P A to 07/05/02 Sandra L. and Joseph R. Delbrook Road November 1996 Gonzalez Mechanicsburg, P A to June 2001 16, Relationship of Plaintiff to the child is that of stepfather. 17. Plaintiff currently resides with the following persons: Name: Relationshin: Ronald Neidig Friend Helen Neidig Friend 18. The relationship of Defendant to the child is that of natural mother. 19. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation ooocemiog the custody or visitation of the child in this or another court. pJaintiffbas no information of a custody or visitation proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person, not a party to these proceedings, who bas physical custody of the child or claims to have custody or visitation rights with respect to the child. 20. The best interests and permanent welfare of the child will be served by granting Plaintiff's request because Defendant continues to repeatedly deny Plaintiff any regular periods of custody and/or visitation with his stepson. Defendant continually refuses to permit contact between stepson and Plaintiffby telephone. Plaintiff is concerned that Defendant's continued involvement in a charismatic Christian church, which has encouraged the dissolution of the family unit and the alienation of the child from Plaintiff, is not in the child's best interests and places the child at a substantial risk of emotional harm. Plaintiff is also concerned that certain disciplinary tactics utilized by Defendant'S church, and supported by Defendant, also place the child at a substantial risk of emotional harm. 21. Plaintiff is unaware of the whereabouts of the natural father of this child and is unaware of the status of the natural father's parental rights to this child. Plaintiff is unaware of any contact between the child and his natural father since 1990, when Plaintiff married Defendant. The parental rights of the natural mother of this child have not been terminated and the natural mother is the person who has physical custody of this child and sbe has been named as a party to this action. WHEREFORE, Plaintiff respectfully requests this Court to enter an Order granting shared legal custody and partial physical custody or visitation of Timothy Lewis Sunday Gonzalez to Plaintiff, Joseph R. Gonzalez, Respectfully submitted, November .1.1-,2002 ~~ Valerie J. en, Esquire I.D. 87442 2807 Market 8t. Camp Hill, PA 17011 (717) 920-9460 Attorney for Plaintiff VERD1CATION I, JOsEPH R. GONZALEZ. verify 1hat the s\lIIeIDOIlts contained in the foregoing pleading me true and correct to the best of my knowledge, informalion and belief. I wuJersImld 1hat fa\se stalements therein me made subject to the penalties ofl8 Pa.C.s. !i4904, relating to unsworn falsification to authorities. Date: November !L 2002 ~~~ (") c:: <~,- ?ig:i ~.r;~ r::; ~:\ . i~~; ~ 1.0 :::J (1) a t'0 o f'1 ,-:> o .," :::1 "~ -lj !: 1,-:-;;:;; ---,,'n .}:~ ~~~ ~-:~ r> :u -< 0'\ :r:::a -;_...... _r.. JOSEPH R. GONZALEZ PLAINTIFF IN 'IlIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-5772 CIVIL ACTION LAW SANDRA L. GONZALEZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, December 09, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, P A 17043 on Mond~IY, January 13, 2003 at 11 :00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis caimot 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 existilllg Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT. By: /s/ Melissa P. Gree~}y. Esq. Custody Conciliator u 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 befi)re 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATroRNEY 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 ~?7~-ry~ -~ r?r~ ~ r--7 /p:~-~.;::p ~f?'cVel ("c:?- o~ ~/ t"'c:?- <7/ C'I' V\NIJ'1\l"SNN3d I I ~Jn"" nl\l~(1\-i:J(j[~~n:) 1\.1.1 ~ I~_r,j \,; '" ,I.." ..". 2~ :8 ~ld 0 I J3Q GO JO ",,' 'I) 1 U' ,. n\I('I., i" - "', -;, :3 /'01} : ~_i: -1>.....:1 ~.:,_.'-./'_T::' \--. ,....... . ,- j;:}\-i:I().(jJ ,t:; SHERIFF'S RETURN - REGULAR CASE NO: 2002-05772 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GONZALEZ JOSEPH R VS GONZALEZ SANDRA L GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT was served upon GONZALEZ SANDRA L the RESPONDANT , at 1024:00 HOURS, on the 6th day of January 2003 at 39 PHEASANT COURT MECHANICSBURG, PA 17055 by handing to SANDRA L GONZALEZ a true and attested copy of ORDER OF COURT together with COMPLAINT FOR PARTIAL CUSTODY AND VISITATION and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.59 .00 10.00 .00 35.59 ~~:,~:;:?~~~~~~:'~ .,. ,~" " "f ~- d >- .. . .-'" .,> ,f.;, ..-::~, t.'/~ ,:., ,'" R. Thomas Kline 01/07/2003 VALERIE FADEN Sworn and Subscribed to before h' I:J;.. me t 1 s /D- /\ LL:u","f ' , /! () '^ .'0 "--~.n," I~~ 7 {Prothonotary' day of By: 4 )~ . ~ fA ' Deputy riff JIJVY A.D, JAN 2 3 Z003 ~ JOSEPH R. GONZALEZ, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-5772 CIVIL TERM v. CIVIL ACTION - LAW SANDRA L. GONZALEZ, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 21 day of January, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Joseph R. Gonzalez and Sandra L. Gonzales, shall have shared legal custody of the minor children, Mercy L. Gonzalez, born February 12, 1998, Joshua O. Gonzalez, born May 6, 1993, and Joseph R. Gonzalez, Jr., born December 30, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion, Pursuant to the terms of Pa.C.S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody. Father shall have periods of partial physical custody which shall be arranged as follows: A. Until such time as Father has his own residence, on alternate weekends to commence January 18, 2003 on Saturdays from 1 :00 p.m. to 5:00 p.m. and Sundays from 8:00 a.m. to 5:00 p.m. NO. 02-5772 CIVIL TERM B. One Saturday per month not to include Father's alternating weekends, Father shall have physical custody of Timothy from 1 :00 p,m. to 5:00 p.m. on Saturday. The first weekend for this custodial arrangement shall begin on January 25, 2003. C. When Father has his own residence, Father's next custodial weekend shall commence on Friday after school and continue until Monday when the children are returned to school. D. To commence January 15, 2003, on alternating Wednesdays from 5:00 p.m. to 9:00 p.m. E. To commence January 21,2003, on alternating Tuesdays Father shall have custody of Timothy from 5:00 p.m. to 9:00 p.m., if Timothy will agree to spend time with his Father. 3. It shall be permissible for Joseph R. Gonzalez to attend school functions, musical performances, and sporting events in which Timothy Lewis Sunday Gonzalez participates. 4. Holidays. A. The following holidays will be alternated to commence with Father having custody on Easter 2003: Easter, Memorial Day, Independence Day, Labor Day and New Year's Day. B. Mother's Day / Father's Day. Mother shall have custody for Mother's Day and Father shall have custody for Father's Day. C. Children's Birthdays. Father shall have custody of the children on their birthdays from 5:00 p.m. to 9:00 p.m. D. Thanksgiving. Father shall have custody of the children for Thanksgiving 2003 and subsequent odd-numbered years. Mother shall have custody for Thanksgiving 2004 and subsequent even-numbered years. E. Christmas. Father shall have custody each year on Christmas Eve until December 25m at noon. Mother shall have custody each Christmas Day at noon until December 26th at 6:00 p.m. NO. 02-5772 CIVIL TERM 5. Vacation. Each parent shall be entitled to two non-consecutive weeks of the summer school break for the purposes of vacation. The parties shall include their custodial weekends in their vacation time. The parties shall provide each other with 30 days notice of their intended vacation plans. In the event that there has been a scheduling conflict to where the children would have overlapping or conflicting vacation schedules, the parent first providing written notice shall have the choice of vacation time. 6. In the event either party is unavailable to provide care for the children during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. 7. Telephone Contact. The children may call Father upon their request. Father is entitled to one telephone contact per day to occur before 9:00 p.m. 8, A hearing is scheduled on Father's petition for legal custody of Timothy Lewis Sunday Gonzalez, born October 11, 1988, in C urtroom Number ~ of the Cumberland County Courthouse, on the lq~ day of , 2003, at 3:00 o'clock L.M., at which time testimony will be taken. For th purposes of the hearing, the Father, Joseph R. Gonzalez, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. J. / Dist: ~rie J. Faden. Esquire, 2807 Market Street, Camp Hill, PA 17011 f/-lane Adams, Esquire, 117 S, Hanover Street, Carlisle, PA 17013 " LDfli~ -fl"\ ~ ~ OI-dg-03 V;i<\j'i\l. t\'SNN3d ! ! "-,1,........)'-, ( " 'L.;" ",,,,,,,-,,..,,,,,"", J\..u\l :\" ,:", .' :,!:.~,~'\: IV SS :t: " I :':d ~ -J 'i'.'~ ("0 tJ CJ h \Ii {, ~J Plaintiff JAN 2 3 Z003 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5772 CIVIL TERM JOSEPH R. GONZALEZ, v. CIVIL ACTION - LAW SANDRA L. GONZALEZ, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Mercy R. Gonzalez February 12, 1998 Joshua O. Gonzalez May 6, 1993 Joseph R. Gonzalez, Jr. December 30, 1991 Timothy Lewis Sunday Gonzalez October 11, 1988 Mother Mother Mother Mother 2. A Custody Conciliation Conference was held on January 13, 2003 pursuant to Father's Complaint for Partial Custody filed on December 3, 2002. Present for the conference were: the Father, Joseph R. Gonzalez, and his counsel, Valerie J. Faden, Esquire; the Mother, Sandra L. Gonzalez, and her counsel, Jane Adams, Esquire. 3. The parties reached an agreement as to physical custody and legal custody of the three youngest children. However, the parties did not reach an agreement as to legal custody of the oldest child. 4. Mother's position on legal custody of Timothy is as follows: Mother reports that she does not know who is Timothy's biological father. While she is willing to allow Father to have periods of partial custody and attend his school functions and musical performances, she is not willing to grant Father shared legal custody of the child nor is she willing to allow him to be adopted. She believes it is in Timothy's best interest for her to have sole legal custody of this child. 5. Father's position on legal custody of Timothy is as follows: Father reports that he has acted as the child's Father since the parties married in 1990. At no time during the marriage was he aware of any contact with any man purporting to be the father of this child who was two (2) at the time the parties married. Father believes that it is important for NO. 02-5772 CIVIL TERM Timothy to have a father's influence and wants to be able to participate in decisions in this child's life such as dating and education. Mr. Gonzalez basically presents himself as having been standing in loco parentis for in excess of twelve (12) years. No action has been brought by another party to terminate the parent rights to the biological father because no one seems to know who fathered this child. Counsel for Mr. Gonzalez reports that Timothy's name was changed on his birth certificate through the services of a local attorney. However, it is unclear how that was accomplished. Inasmuch as the parties have not reached an agreement on the legal custody of Timothy, a brief hearing will be necessary. f-cJC}-{)'2, Date :167202