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HomeMy WebLinkAbout98-05788 \J I~ I "~ . ~ I I N I~ I rx . ~ ! C I~ ~ i I I~ IS I ! I I ! , I I , i , i: ~ I~ I I~ .~ ~ c.. c..... t-- \..c} \ <:.... ~ ~ THmlAS VALLE, Pl"inLlff !i~ TilE C:Oll!ri' 01" ccr.1!.j()i~ PL[A3 OF CUHBEI\LM:rJ COUNTY, Pf:NNSYLVAtI [A vs. NO. 98-5788 C1V[]. TEi\~1 JACQUELINE GONZALEZ-VALLE, Defendant CUSTODY IV IS ITAT [atJ ORDER AND NOW, this I (jtJ-J , 1999, o [ _::-11'10 '(}- Report, it appearing day upon review of the Conciliator's that the parties have agreed to the terms and provisions of this Interim Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. A hearing is scheduled for the dltP-. day of r1'ld- ' 1999, at r( '1 S 0' clock ~ .M., in Court Room Number __~ of the Cumberland County Court House, Carlisle, Pennsylvania. Both parties, through counsel, will provide each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a statement as to their expected test imony. l"-dditionally, both parties will submit their proposal for a resolution of the matter. 2. Pending said hearing, Father is to have partial custody with the children, Thomas V. Valle, d.o.b. January 8, lqr.o ,HI,J 1\:1I11c"/ I. '';,11 Jc', .:l.cl.h. !)f'\~r!mt\{~r ?), 19Q?, ('V1lf'/ ~iattlnjf'jY lrcirfl IJ:U(J "lorn, lHltil ',I:(JO p.m. Thp pdrti(,~s aqree that !.t)(!y "h;dJ do !.tIe ,jrop off and pick up dt the Uni-Mart on Erford Road in Camp Hill, Pennsylvania. BY THE COURT, / / / I Jeanne B. Wigbels, Esquire Attorney for Plaintiff ~>/;' ~ \ / S/IL,)tf? . .S '"6.? J. C"if'" ,"' ".",,(~.~. Joseph Dixon, Esquire Attorney for Defendant mlb THOMAS VALLE, Pldinlilf I rJ TilE COUFT 0[" COI1~lON PLF:AC; OF CUHIH.:RLAl-JIl COUNTY, ['r:;N~;~)YLV^N! ^ vs. NO. 9U-S'/SfJ CIVIL TEHM JACQUELINE GONZALEZ-VALLE, Defendant CUSTODY /VIS ITAT] ON JUDGE PREVIOUSLY ASSIGNED: None. CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDUHE 1915.3-8(b), the unde~signed Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this iitigation is as follows: .llillif,; BIRTHDATF: CURRENTLY IN CUSTODY OF Thomas v. Valle January 8, 1990 Defendant Ashley I. Valle December 22, 1992 Defendant 2. A Conciliation Conference was held on April 8, 1999, and the following individuals were present: the Plaintiff and his attorney, Jeanne B. Wigbels, Esquire; the Defendant appeared with her attorney, Joseph J. Dixon, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. :). 'nl'~ Pl;dnt.iff'~; pn:li'icJfl (',n t:u.citn'jy L1 dS follow~: r'ather':i !-.H..}~it..l()l1 is Uiril. h(~ l 1('"1 t:; bt!r~rl ,'j(:lll{:.d d\~\~(l:-,S t-o t:h(~ chil.drcn [or an e;.:tended pc~rjod of lime. He indicdles tl1at tile Mothnr has been unwilling to alto" him to have access to the chi ldren. father wants a regular visilation schedule S,,,l up wi tl1 the chiJdren, including overnights, on an alternating weekend basis. 6. The Defendant's position on custody i:; <lS follm;:>: Mother indicated that she did not deny the Falher access, but would not allow the children to sleep overnight. She suggests that it is inappropriate for the children to sleep overnight with the Father because the house that the Father is residing in is under foreclosure. This is the same house that the parties resided in together. Additionally, she indicates that the father is now living with a girlfriend who has four or five children and that there is improper sleeping arrangements. This is despite the fact that the Father maintained at the conciliation that the children would have their o"n separate beds. overnight visitation. 7. Need for separate counsel to represent children: Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Mother would not agree to 1f1G1IELS & "T:Le/l J 400 .\~ SeC'oml Sln'et lIt,m.,/t"f'K./),'"/7/()] (7/7) ]] /.OYOO MAY J " iJ}~ , . THOMAS VAILE, Plainliff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 98.5788 CIVIL JACQUELINE GONZALEZ-VALLE, Defendant : CIVIL ACTION - AT LAW : IN CUSTODY PRE-ilEA RING MEMORANDUM AND NOW, comes the Plaintiff, by and through his attorney, Jeanne B, Wigbels, Esquire, and files the following Pre-Hearing Memorandum as requested by this Honorable Court, prior to the hearing which is currently scheduled for May 27, 1999 at 8:45 a.m. before the Honorable Judge Edgar B. Bayley. WITNESS LIST At the time of the hearing, attorney for the Plaintiff intends to call the following individuals: I. Plaintiff, Thomas Valle. Father of the subject children, will testifY, among other things, as to the Defendant's deliberate attempts to prevent him from spending time with his children, the fact that he had not been able to see his children for several months prior to the conciliation conference held on April 8, 1999, and the fact that the children would each have their own separate beds if permitted to spend overnights at Father's residence. 2. No expert witnesses will be called to testifY at the hearing. :i 'I" 1" ~I. .., THOMAS VALLE, Plaintiff . TIlE COURT OF COMMON PLEAS Of : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 98-5788 CIVIL JACQUELINE GONZALEZ-VALLE, Defendant : CIVIL ACTION - AT LAW . IN CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Wigbels, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows. Joseph J. Dixon 126 State Street Harrisburg, P A 17101 BY: If~ Je e B. Wigbels, Esquire ATTORNEY FOR PLAINTIFf 1400 N. Second Street Harrisburg, P A 17102 (717) 221-0900 Supreme Cl. ID No. 68735 DATED: )'/11/11/ THOMAS VALLE, PLAINTIFF V. JACQUELINE GONZALEZ-VALLE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 'if, ~7fJ. : 9B BBe CIVIL TERM ORDER OF COURT AND NOW, this 26th day of May, 1999, upon request of counsel for defendant, the hearing now scheduled for May 27, 1999, IS CONTINUED. The hearing is rescheduled for Tuesday, June B, 1999, at 10:00 a.m., in Courtroom Number 2. / By the court~ / . , J lJIwA Edgar B. Bayley, ;J...... Jeanne Wigbels, Esquire ( For Plaintiff _ c.~c,.v ,""I..a.-:"C,~ !>-/.;.~ /11_ ...5. f_ Joseph J. Dixon, Esquire For Defendant :saa p. IodUl Nlatu. M.D. Itbon L coben. M.D. c2,1.J. Dotllo. "'.D. 1IO..!'t. '''-In. M.D. John L _d&C1Io. M,V. ~......,el \.. GI'QtzlIlIU, M.D. ...",.cU n. ,.nson. M,D. ThGm" c.. O'Ma11fJ" M.D. Tbomu U.~, MoD. MU"'.' oe~'Sh CUlP \ , .. Wollllll'slkSIth. 0-..... ... 0 MaY 20. 1999 to Whom It May Concern. Jacqueline Gon~nlez i8 an obstetrical patient 30-99. thet the court hearing schaduled S~27-99 be reach- ~eking this into consideration i aM aaking Rer expected date of confineMent i6 s- of oure. eduled till after Jacque11ine'6 baby 1a delivered. If there are any questions plea6e foel free to cell ua. 5incerelY, PH'/SIC\I>.NS fOR WOMEN'S HEALTH, P.C. 1 LEMOYME SQ. PlRA SUITE 2D1 \..EMO'/NE. PA 17M3 . '" .,.. ......... I' Il I' ., r ""f:;~; '01<0'" . IIml<JI'A /111I . (1/1/111-1111 ,FuI111/IJJoH/1 29b90b2~;Ol ~., ...... ",..J.,A 17'!~ ...fI!.n~/"I/1 . r,,(lIfIHJo4IJf 098SSS2UL - 653 NoxI'a--' l' Hd3S01':WO~J ~";""~2';'''' "Tn, ' O~ "". ~ 66 92-),~W" TI'\.....'l' The Law Offices of Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 Phone (717) 236-8515 Fax (717) 233-5860 Fax Cover Sheet To: The HonorabJe Edgar B. Bayley Organization: Cumberland County Courthouse/Court Administrator Fax Number: 240-6462 From: Joseph J. Dixon, Esquire Reference: Jacqueline Gonzalez-Val.le Date: June 7, 1999 There will be 3 page(s) following. Message: If you have any questions or you do not receive the entire fax, plcase telephone (717) 236-8515. m:3!:ll:jd c9!790!7c:m 098S~~cL,L ~S3 NOXIO r Hd3sor:WO~3 c~:20 66 L0-Nnr c%,I"i-J!" /7 9.)':.l.'01l AT Tor<NEY AT I..AW ':l6 STA"T'e STr~~E7 . HAr~f.I,~91.i~:-... J;:A . i ~ ''; 1 C'l-1C/r.,e. :717) :nJ.fF5;" FAX .111: 23J-!~f'" lUllc 7,1999 VlA TEl.EF A)( AND FIRST CLASS MAIL WIGBELS AND WELCH ATTENTlON: JEANNE WIGBELS, ESQUIRE 1400 NORTH SECOND STREET HARRISBURG, PA 17102 RE: THOMAS VALLE v. JACQUELINE GONZALEZ-VALLE CUMBERLAND COUNTY NO. 98-5788 CUSTODY /VISiT A TION Dear Attorney Wigbels: !JJ follow-up to your correspondence of May 26, 1999, my client, Jacqueline Gonzale7.\ ~ettlement proposal now is the same as it wa~ in my letter to you of May 20,1999, (A copy of whIch is enclo~ed herewith). She is an agreement with every other weekend visitation for your client with pickup commencing Fridays at 5:00 p.m. with return Sundays at 7:00 p.m. In addition, she is in agreement to have altemating holidays with a one (1) week summel' vacation. She cannot, however, agree to joint legal custody because there has been a complete failure of civilized commWlication between the pal1ies. There have been numerous incidents whereby the police have been involved as tne enclosed Memo from the East Pct1.n.\boro Tow,",hip Police Department verifies, My client will be testifying on hel' own tomol1'OW with no additional witnesses. Thank you for youI' attemion in this matter. F;:Il1uly PJ11Y. GU . ...... Joseph J. Dixon JlD.h.h~ Enclosure, /' c The Honorable Edgar B, Bayley-VIA TELEFAX AND FIRST CLASS MA.11-..,;' Jacqueline Gonzalez ~: 213:3!:Jl:1d 2917913172:01 098S~~2L1L ~S3 NOXIO r Hd3S0r:wo~~ 2~:213 66 L13-Nnr ........:,;:'. . \'nC:1'nCl, \\0\\ <.:.. Plaintiff : IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA v. · .):.\ll\\JC\~\(:' C.::altGlC'( \JC\\\\:.. Dcfcndant : CIVIL ACTION LA \V :'NO.',)'l';<,'SCIVIL 19('!g : CUSTODY VISITATION ORDER OF COURT And now, this~, upon consideration of the attached complaint, it is hercby directed that t~e above pa~~es and their resp~etive counsel appear before H, ~ NI-t> \ I r-:-<1'o.~ ,'.., Esquire, the concIliator, at \\.. - . Pennsylvania, on the <~ dayof "-\""\.l"r\\~r ,I998,at ;:J'~CJ A.M. P. for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve e 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 be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or pennanent order. FOR THE COURT: By: J~irn~o~. R~,~ Custody Conciliator t . :') YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 THOMAS VALLE. Plaintiff v. JACQUELINE GONZALEZ. VALLE, Oetendant .. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA No. CIVIL ACTION - AT LAW ClTSTODY AMERICANS WITH DISABILITIES ACf OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation 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 betbre the court. You must attend the scheduled conference or hearing. Date BY TIIE COURT: 1. THOMAS VALLE, Plaintiff . THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYL VANIA v. . No. JACQUELINE GONZALEZ-VALLE, Defendant . CML ACTION - AT LAW . CUSTODY COMPLArNT IN CUSTODY AND NOW, the PlaintiH: Thomas Valle, by and through his attorney, Jeanne B. Wigbels, Esquire, makes the following Complaint in Custodr 1. The Plaintiff, Thomas Valle is an adult individual who currently resides at 123 Fourth Street, Lemoyne, Cumberland County, PelUlSylvania 17043, 2, The Defendant, Jacqueline Gonzalez-Valle, is an adult individual who currently resides at 4 DuDes Drive West, Apartment6g, Camp Hill, Cumberland County, pennsylvania 17011, 3, There are three dependant children from this marriage, namely Thomas V. Valle, DOB 1/8/90; Ashley 1. Valle, DOB 12/22/92; and Doryon T. Valle,DOB 10/9/95, 4, The Plaintiff seeks primary custody of the following children: Name Present Residence ~ 4 Dulles Drive West 8 Apartment 6g DaB: 1/8/90 Camp Hill, PAl 70 II 4 Dulles Drive West 5 Apartment 6g DOB: 12/22/92 Camp Hill, PA 17011 Thomas V. Valle Ashley 1. Valle knowledge, Defendant currently resides with Thomas V. Valle (son), Ashley 1. Valle (daughter), and Doryon T. Valle (son). However, it is not known if Defendant is residing with anyone else. 13. Plaintiff has not participated as a party or witness. or in another capacity, in other litigation concerning the custody ofthe children in this or another court. 14, Plaintiff does not know of a person not a party to the proceedings who has physical custody of any ofthe children or claims to have physical custody or visitation rights with respect to the children. 15, The best interests and pennanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural father ofthe children. (b) Plaintiff has established a relationship with the children. (c) Plaintiff desires to continue exercising parental duties and enjoys the love and affection of the children. (d) The children should be pennitted to enjoy the love, affection, and emotional support which can be provided by their natural father. (e) The children would benefit from continued custody with their natural father. 16. Each parent whose parental rights to the children have not been tenninated and the person who has physical custody of the children have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pendency of this action and the right to intervene. -~._-~~' , . WHEREFORE, Plaintiff respectfully requests that he be granted primary physical custody of his children subject to supervised periods of visitation with Detendant. Respectfully submitted, ~- Date: ( Dire /rrt Je e B. Wigbels, Esquire TORNEYFORPL~WF 1400 N. Second Street Harrisburg, P A 17102 (717) 221-0900 Supreme Cl. ill No. 68735 THOMAS VALLE, PlainLi ff TilE COURT OF COMMON PLf:AS OF CUMBERLAND COUNTY, l'F.NNSYLVANIA vs. No. JACQUELINE GONZALEZ-VALLE, Defendant CIVIL ACTION - AT LAW CUSTODY VERI FICATION swear and affirm that the facts contained in the foregoing I, Thomas Valle, Plaintiff in the above-captioned case, hereby Complaint are true and correct to the best of my knOWledge, Pa.C.S. 4904 relating to unsworn falsification to authorities. information and belief and are made subject to the penalties of 18 DATE: rl0/ft :::I' . / / . -4/~ '// ;1~~ _.//'-t - ~ ___ Thomas a Ie THOMAS VALLF., Plaintiff THE COURT OF COMI10N PLEAS OF CUMBERLAND COUNTY, Pl,NNSYLVANIA vs. No. JACQUELINE GONZALEZ-VALLE, Defendant CIVIL ACTION - AT LAW CUSTODY VERI FI CATI ON swear and affirm that the facts contained in the foregoing I, Thomas Valle, Plaintiff in the above-captioned case, hereby Complaint are true and correct to the best of my knowledge, Pa,C.S. 4904 relating to unsworn falsification to authorities. information and belief and are made subject to the penalties of 18 DATE: rl0lft // ~d~./ ././ ;1-~~;> - Th'o;;;~sf" a I; ~ , decisions regarding the welfare of the children. each parent agrees to consult with the other on all non-routine decisions (to be defined as those decisions with a greater than a day to day effect. including, but not limited to. such matters as surgery. major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the children. If a dispute arises as to any matters regarding non-routine decisions regarding the children, then Mother. who has primary physical custody of the children, may exercise final determination subject to review by a court of competent jurisdiction. Each of the 'parties shall have access to all the children's medical, dental, hospital, and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctor-s, teachers, and school administrators regarding the children's health and education progress. Each of the parties shall be provided with schedules of school events and athletic events when available, or in the alternative, provide two weeks notice to the other party that such an event is upcoming. In addition, both parents are entitled to portrait and class school pictures. The parties shall make reasonable efforts to communicate 3. regarding the children. { A tfUMd.Il t(?,~ Summer Vacation Both Father and Mother shall each be liP' nl"'~"'lwt, ciY'-L Sel'ii~ot..o week ~ of exclusive custody of the children during each ~ -.....- -'~-.. . .._-,"~~_.-.. . :'j' summer. The parties shall notify each other of the dates inl~nded tOt - . l..I',Jh;;"'1V'o ,'~f/"J t-,",/1 'Ie .Q, '~(;:\..L.fl)l~~ exercise these vacation periods~une 1" of t:dd, yt: . Additional ~uJLLMf periods of partial custody during the summer may be exercised upon agreement of the parties. 4. Holidavs (a) The parties shall alternate the following holidays: Easter weekend (from Good Friday at 5:00 p.m. through Easter Sunday at 8:00 p.m.), Independence Day (from 9:00 a.m. until 10:00 p.m.), Halloween Night- or the night scheduled for trick-or-treating (from 5:00 p.m. until 9:00 p.m.), Thanksgiving Day (from 9:00 a.m. until 8:00 p.m.), Christmas Eve (from December 24'h at 12:00 p.m. through Christmas Day at 12:00 p.m.), Christmas Day (from December 25'h at 12:00 p.m. until December 26'h at 12:00 p.m.), New Year's Eve and Day (from 5:00 p.m. December 31"through 5:00 p.m. January 1st); whereby Mother shall have Easter with the children, and alternating holidays accordingly thereafter. This section shall supersede any other section contained in this agreement. This section may be changed or modified upon agreement by both parties. (b) Mother's Day shall be with Mother, Father's Day shall be with Father. This visitation shall be from 9:00 a.m. until 5:00 p.m. (c) The parties shall share the children's birthdays in as equal a manner as possible. (d) The parties agree that whoever's weekend custody of the children falls on the weekend before labor Day and/or Memorial Day, that person may keep the children unti'1-'OO p.m. on the holiday instead of returning them on Sunday. 5. TRANSPORTATION The parties agree that transportation to and from their residences shall be shared, the details of which can be agreed upon by the parties. In the event the parties cannot a!ilre~, Father shall pick up ClM.-tlihl-, e~) /!J, (aM.f 1{t'1/ the children at Msli:1sr'e re:3idoA68 at the beginning of his custodial periods, . 4't11tfl'f: and Mother shall pick up the children at . e"'. r1t;id3ROS at the end of Father's custodial periods. Both parties agree to adhere to all laws and regulations regarding child safety and seatbelts during any transportation of the children. 6. Alcohol and Druas During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. " 7. Death or Disabilitv In the event of either party's death or significant and long-term disability rending the person incapable of caring for the children, then custody shall automatically vest in the other party. 'I" , , . rf 1/; II '.:. II I! l,,~ ~;.;: , " 8. Address and Phone Numbers of Parties Both Father and Molher must keep each other informed of any changes of address or change of phone number. Any changes in address or phone number shall be immediately forwarded to the other party. 9. Notice of Whereabouts/Illness Each party agrees to keep the other reasonably informed of the whereabouts of the children while with the other party. If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the children, he or she shall promptly notify the other party of said circumstances. 10. Telechone Contact with Children Both Parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. Neither party shall interfere with the other party's. telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. 11. Discaraaina Remarks Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the children, such as those that might tend to alienate the affections of the ''':i;, children toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either p~rent in the. pres~nce of the children. Ai>CJ !lcU0 f*~ tJ1ttLW ,p SrJA LvIJ0 JIv'V (),j(ljr 1\1 Ct Ol;//rc-ecf t11avll\trl) flOJ-- fi<.rtJ-r't)\2, ()( ~dlt^7 or (j''1dt;i'\:; ,~ ttl"1 }Ol'fv'l cF {J~6a/tLt . ,J h", , -.(' 7 / &l6 iJ,...f I V'L .'ft!Ifo.-V t'5 1 ' .,' .,', ~ THOMAS VALLE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JACQUELINE GONZALEZ-VALLE, DEFENDANT 98-5788 CIVIL TERM ORDER OF COURT AND NOW, this 8'h day of June, 1999, following a stipulation of the parties, IT IS ORDERED: WHEREAS the parties, Thomas Valle (the father hereinafter) and Jacqueline Gonzalez-Valle (the mother hereinafter), have born to them two children, namely Thomas V. Valle, born January 8, 1990, and Ashley I. Valle, born December 22, 1991 (the children hereinafter). It is stipulated by mother that Doryon T. Valle, born October 9, 1995, is not a child of father; and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of their children, Thomas V. Valle and Ashley I. Valle; and, WHEREAS, both parties have been provided an opportunity to review the agreement with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. PHYSICAL CUSTODYNISITATION The mother shall have primary physical custody of the children. The father shall have partial custody and/or .' 98-5788 CIVIL TERM visitation of the children, to include every other weekend beginning on Friday at 5:30 p.m. through Sunday at 7:00 p.m. This schedule shall commence the second weekend following the date of this agreement and every other weekend thereafter. Also 5:30 p.m. through 8:00 p.m. on alternating Wednesdays during the weeks in which father does not have weekend visitation. The father may exercise additional periods of visitation with the children at such other times as the parties may mutually agree. Mother shall provide clothing apparel and other items the children require during visitation with father, provided that said clothing and items are returned with the children at the conclusion of her visit with father. Both parties shall maintain a safe environment for the children while in their respective care. 2. LEGAL CUSTODY The parties shall share legal custody of the children jointly. They shall consult with each other relative to all important decisions concerning the children, including such matters as health, education, and religion. Therefore, although mother has primary physical custody of the children, and mother shall have authority to make routine decisions regarding the welfare of the children, each parent agrees to consult with the other on all non-routine decisions (to be defined as those decisions with a greater than a day to day effect, including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the children. If a dispute arises as to any matters regarding non- routine decisions regarding the children, then mother, who has primary physical -2- ,. 98.5788 CIVIL TERM custody of the children, may exercise final determination subject to review by a court of competent jurisdiction. Each of the parties shall have access to all the children's medical, dental, hospital, and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers, and school administrators regarding the children's health and education progress. Each of the parties shall be provided with schedules of school events and athletic events when available, or in the alternative, provide two weeks notice to the other party that such an event is upcoming. In addition, both parents are entitled to portrait and class school pictures. The parties shall make reasonable efforts to communicate regarding the children. 3. SUMMER VACATION Both father and mother shall each be guaranteed one week of exclusive custody of the children during each summer. The parties shall notify each other of the dates intended to exercise these vacation periods within two weeks prior to exercising the vacation. Additional periods of partial custody during the summer may be exercised upon agreement of the parties. 4. HOLIDAYS (a) The parties shall alternate the following holidays: Easter weekend (from Good Friday at 5:30 p.m. through Easter Sunday at 8:00 p.m.), Independence Day (from 9:00 a.m. until 10:00 p.m.), Halloween Night - or the night scheduled for trick-or-treating (from 5:30 p.m. until 9:00 p.m.), Thanksgiving Day (from 9:00 a.m. until 8:00 -3- 98-5788 CIVIL TERM p.m.), Christmas Eve (from December 24'h at 12:00 p.rn. through Christmas Day at 12:00 p.m.), Christmas Day (from December 25th at 12:00 p.m. until December 26'h at 12:00 p.m.), New Year's Eve and Day (from 5:30 p.m. December 31" through 5:30 p.m. January 1"); whereby mother shall have Easter with the children, and alternating holidays accordingly thereafter. This section shall supersede any other section contained in this agreement. This section may be changed or modified upon agreement by both parties. (b) Mother's Day shall be with mother, Father's Day shall be with father. This visitation shall be from 9:00 a.m. until 5:30 p.m. (c) The parties shall share the children's birthdays in as equal a manner as possible. (d) The parties agree that whoever's weekend custody of the children falls on the weekend before Labor Day and/or Memorial Day, that person may keep the children until 7:00 p.m. on the holiday instead of returning them on Sunday. 5. TRANSPORTATION The parties agree that transportation to and from their residences shall be shared, the details of which can be agreed upon by the parties. In the event the parties cannot agree, father shall pick up the children at Uni-Mart, Erford Road, Camp Hill at the beginning of his custodial periods, and mother shall pick up the children at Uni-Mart at the end of father's custodial -4- 98-5788 CIVIL TERM period of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. 11. DISPARAGING REMARKS Neither father nor mother shall make any disparaging remarks regarding the other parent in the presence of the children, such as those that might tend to alienate the affections of the children toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the children. Also each party agrees to speak with the other in a civilized manner, not swearing or yelling or engaging in any form of verbally abusive behavior. 12. SUSPERSEDEAS OF PRIOR COURT ORDERS This stipulation shall supersede all prior court orders, stipulations, or agreements. 13. CONTEMPT/ATTORNEY'S FEES Should either party be found in contempt of court for breaching this agreement, the breaching party shall be responsible for all attorney's fees incurred by the non-breaching party. 14. MODIFICATION Any of the provisions of this agreement may be modified or deleted upon mutual consent/agreement of both parties or upon petition to the court for modification. -6- 98-5788 CIVIL TERM By the Court, I ;' ..j I \; L-I vV./' Edgar B. Bayley, J. Jeanne Wigbels, Esquire For Plaintiff _ C l"-l)\.{'!- .._,+H.'\......lc ,C t./II h " . .Jo'..' ,'. Joseph J. Dixon. Esquire For Defendant :saa -7- '.f. : 1., . . '. " ~.. r,l'1 . ' I ,,' 00 H.\Y:lO i'ri :1: (2 CUI.:r,::t,L..j',) 1/-"01,1l' PENN:~'(LVA;jlA ,"x" '-Y" 51'/i:'? 5 2)-t't'J Y/J"~,.-- /Jld,4~/ (;"/)' '/11,;: (.fa /..~ dl/ ,.f;;':)" /lld, tf{.~/:;{ :;,: (14 " r"?# .~t~ ~...."'. t1c/'''-t/' c?4~~'-.... v <14 ~~~;"r,t':h ,:(' fO<;/~71 TIIOMAS VALI.E. Pl,titioner TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v No 98-5788 CIVIL TERM JACQUELINE GONZALEZ-VALLE, Respondent CIVIL ACTION - AT LAW CUSTODY ORDER OF cOVIn AND NOW, this __.________.___ day or , 2000, upon considcration or the attached complaint, it is hereby directcd that the parties and their respective counscl appear before , conciliator, at onthc day of , 2000, at _ o'clock _.m., for a Prc-Hearing Custody Conference. At such confcrence, an ctlort will be made to resolvc 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 prcsent at the conference. Failure to appcar at the conferencc may provide grounds for cntry of a temporary or permanent order. FOR THE COURT: BY: Custody Conciliator - --:.:,:-.~.-::-;:1. THOMAS VALLE, Petitioner THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No 98-5788 CIVIL TERM JACQUELINE GONZALf,z- V AILE, Respondent : CIVIL ACTION - AT LAW CUSTODY ATTORNEY VERrFfCATrON Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: I. She is the attorney of record for Thomas Valle. 2. She is authorized to make this verification on his behalf 3. The facts set forth in the toregoing motion are known to her and not necessarily to her client. 4. The facts set forth in the foregoing motion are true and correct to the best of her knowledge, information and belief 5. She is aware that tlllse statements herein arc made subject to the penalties ofl8 Pa.C.S. 94904 relating to unsworn tlllsification to authorities. Date: rll f I en BY: Jean e B. Costopoulos, Esquire CO TOPOULOS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17] 02 Telephone: (717) 221-0900 Fax: (717) 221-0904 Attorney LD. No. 34962 A TTORNEY FOR PETITIONER ': , THOMAS VALLE, PLAINTIFF IN THE COURT C;:: COMMON PLEAS OF CUMBERLAND C :JUNTY, PENNSYLVANIA V. JACQUELINE GONZALEZ-VALLE, DEFENDANT 98-5788 CIVIL TE~M ORDER OF COURi AND NOW, this 8'h day of June, 1999, followir.; a stipulation of the parties, IT 15 ORDERED: WHEREAS the parties, Thomas Valle (the fatr,er hereinafter) and Jacqueline Gonzalez-Valle (the mother hereinafter), have born tc them two children, namely Thomas V. Valle, born January 8,1990, and Ashley I. Valle, born December 22, 1991 (the children hereinafter). It is stipulated by mOlher that Doryon T. Valle, born October 9, 1995, is not a child of father; and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of their children, Thomas V. Valle and Ashley I. Valle; and, WHEREAS, both parties have been provided an opportunity to review the agreement with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. PHYSICAL CUSTODYNISITATION The mother shall have primary physical custody of the children. The father shall have partial custody and/or 98-5788 CIVIL TERM visitation of the children, to include every other weekend beginning on Friday at 5:30 p.m. through Sunday at 7:00 p.m. This schedule shall commence the second weekend following the date of this agreement and every other weekend thereafter. Also 5:30 p.m. through 8:00 p.m. on alternating Wednesdays during the weeks in which father does not have weekend visitation. The father may exercise additional periods of visitation with the children at such other times as the parties may mutually agree. Mother shall provide clothing apparel and other items the children require during visitation with father, provided that said clothing and items are returned with the children at the conclusion of her visit with father. Both parties shall maintain a safe environment for the children while in their respective care. 2. LEGAL CUSTODY The parties shall share legal custody of the children jointly. They shall consult with each other relative to all important decisions concerning the children, including such matters as health, education, and religion. Therefore, although mother has primary physical custody of the children, and mother shall have authority to make routine decisions regarding the welfare of the children, each parent agrees to consult with the other on all non-routine decisions (to be defined as those decisions with a greater than a day to day effect, including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the children. If a dispute arises as to any matters regarding non- routine decisions regarding the children, then mother, who has primary physical -2- 98-5788 CIVIL TERM custody of the children, may exercise final determination sut;ect to review by a court of competent jurisdiction. Each of the parties shall hav:? access to all the children's medical, dental, hospital, and school records, inclL::iing test results and report cards; each parent shall permit and encourage commLnication by the other parent with doctors, teachers, and school administrators regarding the children's health and education progress. Each of the parties shall be provided with schedules of school events and athletic events when availabie, or in the alternative, provide two weeks notice to the other party that such an event is upcoming. In addition, both parents are entitled to portrait and class schocl pictures. The parties shall make reasonable efforts to communicate regarding the children. 3. SUMMER VACATION Both father and mother shall each be guaranteed one week of exclusive custody of the children during each summer. The parties shall notify each other of the dates intended to exercise these vacation periods within two weeks prior to exercising the vacation. Additional periods of partial custody during the summer may be exercised upon agreement of the parties. 4. HOLIDAYS (a) The parties shall alternate the following holidays: Easter weekend (from Good Friday at 5:30 p.m. through Easter Sunday at 8:00 p.m.), Independence Day (from 9:00 a.m. until 10:00 p.m.), Halloween Night- or the night scheduled for trick-or-treating (from 5:30 p.m. until 9:00 p.m.), Thanksgiving Day (from 9:00 a.m. until 8:00 -3- 98-5788 CIVIL TERM p.m,), Christmas Eve (from December 24" at 12:00 p.m. through Christmas Day at 12:00 p.m.), Christmas Day (from December 25'h at 12:00 p.m. until December 26'" at 12:00 p.m.), New Year's Eve and Day (from 5:30 p.m. December 31" through 5:30 p.m. January 1"); whereby mother shall have Easter with the children, and alternating holidays accordingly thereafter, This section shall supersede any other section contained in this agreement. This section may be changed or modified upon agreement by both parties. (b) Mother's Day shall be with mother, Father's Day shall be with father. This visitation shall be from 9:00 a.m. until 5:30 p.m. (c) The parties shall share the children's birthdays in as equal a manner as possible. (d) The parties agree that whoever's weekend custody of the children falls on the weekend before Labor Day and/or Memorial Day, that person may keep the children until 7:00 p.m. on the holiday instead of returning them on Sunday. 5. TRANSPORTATION The parties agree thattransportalion to and from their residences shall be shared, the details of which can be agreed upon by the parties. In the event the parties cannot agree, father shall pick up the children at Uni-Mart, Erford Road, Camp Hill at the beginning of his custodial periods, and mother shall pick up the children at Uni-Mart at the end of father's custodial -4- .,..~...".~10 98-5788 CIVIL TERM periods. Both parties agree to adhere to all laws and :egulations regarding child safety and seatbelts during any transportation of the c:1ildren. 6. ALCOHOL AND DRUGS During any perioc of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 7. DEATH OR DISABILITY In the event of either party's death or significant and long-term disability rending the person incapable of caring for the children, then custody shall automatically vest in the other party. 8. ADDRESS AND PHONE NUMBERS OF PARTIES Both father and mother must keep each other informed of any changes of address or change of phone number. Any changes in address or phone number shall be immediately forwarded to the other party. 9. NOTICE OF WHEREABOUTS/ILLNESS Each party agrees to keep the other reasonably informed of the whereabouts of the children while with the other party. If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the children, he or she shall promptly notify the other party of said circumstances. 10. TELEPHONE CONTACT WITH CHILDREN Both parties shall have the right to reasonable telephone contact with the children during the other party's -5- 98-5788 CIVIL TERM period of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the children, Each party shall make all reasonable efforts to promptly return calls 01 messages left by the other party regarding the children. 11. DISPARAGING REMARKS Neither father nor mother shall make any disparaging remarks regarding the other parent in the presence of the children, such as those that might tend to alienate the affections of the children toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the children. Also each party agrees to speak with the other in a civilized manner, not swearing or yelling or engaging in any form of verbally abusive behavior. 12. SUSPERSEDEAS OF PRIOR COURT ORDERS This stipulation shall supersede all prior court orders, stipulations, or agreements. 13. CONTEMPT/A HORNEY'S FEES Should either party be found in contempt of court for breaching this agreement, the breaching party shall be responsible for all attorney's fees incurred by the non-breaching party. 14. MODIFICATION Any of the provisions of this agreement may be modified or deleted upon mutual consent/agreement of both parties or upon petition to the court for modification. -6- /lUG I 1 2009\ I, , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS VALLE, vs. NO. 98-5788 JACQUELINE GONZALEZ-VALLE, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this , '" day of I hi ( '1' :2000, upon consideration of the attached Custody Conciliation Report, it is Ordered and directed as follows: 1. Phvsical Custody: The Mother shall have primary physical custody of the children; the Father shall have partial custody of the children, Thomas V. Valle, born January 8, 1990 and Ashley I. Valle, born December 22, 1991. Father shall have partial custody to include every other weekend beginning on Friday at 5:30 PM through Sunday at 7:00 PM. The Father shall also have physical custody from 3:45 PM Tuesday night overnight to Wednesday during the weeks during which Father does not have weekend visitation. Father may exercise additional periods of visitation with the children at such times as the parties may mutually agree. Mother shall provide clothing apparel and other items the children require during visitation with father, provided that said clothing and items are returned with the children at the conclusion of their visit with Father. Both parties shall maintain a safe environment for the children while in their respective care. 2. Legal Custody: The parties shall share legal custody of the children jointly. They shall consult with each other relative to all important decisions regarding the children, including such matters as health, education and religion. Therefore, although Mother has primary physical custody of the children and Mother shall have the authority to make routine decisions regarding the welfare of the children, each parent agrees to consult with the other on all non-routine decisions (to be defined as those decisions with a greater than day to day effect, including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the children. If a dispute arises as to any matters regarding non-routine decisions regarding the children, the Mother, who has primary physical custody of the children, may exercise final determination subject to review by a Court of Competent Jurisdiction. Each of the parties shall have access to all the children's medical, dental, hospital and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers, and school administrators regarding the children's health and educational progress. Each of the parties shall be provided with schedules of school events, athletic events when available, or in the alternative, provide two weeks' notice to the other party if such an event is upcoming. In addition, both parents are entitled to portraits and class school pictures. The parties shall make reasonable efforts to communicate regarding the children. 3. Summer Vacation: Both Father and Mother shall be guaranteed one week of exclusive custody of the children during the summer periods. The parties shall notify each other of the dates intended to exercise the vacation period within two weeks prior to exercising the vacation period. Additional periods of partial custody during the summer may be exercised upon agreement of the parties. 4. Holidays: (A) The parties shall alternate the following holidays: Easter weekend (from Good Friday at 5:30 PM through Easter Sunday at 8:00 PM); Independence Day (from 9:00 AM unlil 10:00 PM); Halloween Night- or the night scheduled for trick-or-treating (from 5:30 PM until 9:00 PM); Thanksgiving Day (from 9:00 AM until 8:00 PM); Christmas Eve (from December 24th at 12:00 PM through Christmas Day at 12:00 PM); Christmas Day (from December 25th at 12:00 PM until December 26th at 12:00 PM); New Years Eve and Day (from 5:30 PM December 31st through 5:30 PM January 1st); whereby Mother shall have Easter with the children and alternating holidays accordingly thereafter. The sections shall supercede any other section contained in this agreement. The section may be changed or modified upon agreement of both parties. (8) Mother's Day shall be with Mother; Father's Day shall be with Father. This visitation shall be from 9:00 AM until 5:30 PM. (C) The parties shall share the children's birthdays in as equal amount as possible. (D) The parent with weekend custody of the children which falls on the weekend before Labor Day and/or Memorial Day shall have an extended custodial period of time until 7:00 PM on the holiday instead of returning them on Sunday. 5. TransDortation: The parties agree that transportation to and from the residence shall be shared, the details which can be agreed upon by the parties. In the event the parties cannot agree, Father shall pick up the children at Uni-Mart, Erford Road, Camp Hill, at the beginning of his custodial periods, and Mother shall pick up the children at Uni-Mart at the end of father's custodial period. Both parties agree to adhere to all laws and regulations regarding child safety and seatbelts during any transportation of the children. 6. Alcohol and Drugs: During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and guests comply with this prohibition. 7. Death or Disability: In the event of either party's death or significant and long- term disability rendering the person incapable of caring for the children, then the custody shall automatically vest to the other party. 8. Address and Phone Number of the Parties: Both Father and Mother must keep each other informed of any changes of address or change of phone number. Any changes in address or phone number shall be immediately forwarded to the other party. 9. Notice of Whereaboutsllllness: Each party agrees to keep the other reasonably informed of the whereabouts of the children while with the other party. If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the children, he or she shall promptly notify the other party of said circumstances. 10. Telephone Contact with Children: Both parties shall have the right to reasonable telephone contacts with children during the other party's period of custody or visitation. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to properly return calls or messages left by the other party regarding the children. 11. Disparaginc Remarks: Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the children, such as those that might tend to alienate the affections of the children toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding the other parent in the presence of the children. Each party agrees to speak with the other in a civilized manner, not swearing or yelling or engaging in any form of verbally abusive behavior. 12. Supercedinc the Prior Court Orders: This Order shall supercede all prior Court Orders, stipulations, or agreements. 13. ContempU Attornevs Fees: Should either party be found in Contempt of Court, the breaching party shall be responsible for all attorneys fees incurred by the non-breaching party. 14. Modification: Any provisions of this agreement will be modified or deleted upon mutual consent, agreement of both parties or petition of the Court for modification. 15. Counseling: The parties shall attend counseling for a minimum of eight sessions at a frequency of every two weeks to focus on coparenting and improvement of their communication. The identified therapist, Carol Cohen, of Guidance Associates of Camp Hill, Pennsylvania, shall provide updates regarding the parties' progress each six weeks. Ms. Cohen shall provide recommendations to the court in the event the parties are continuing to be in conflict with regard to custody and in need of a hearing. The children shall likewise be involved in outpatient therapy for a minimum of four sessions to address the concerns that each party has regarding the children voicing reluctance to return to the non-custodial parent at the end of their visitation for a period of partial custody. Upon conclusion of the counseling through Guidance Associates, if the parties have not reached an agreement either party may, on proper petition to the Court, return to the Custody Conciliator to attempt to resolve their dispute. The parties shall share the cost of the counseling for themselves and the children, equally, following reimbursement from their health insurance carriers. li BY THE COURT, ; I " ;/ , . jj/I J. \