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HomeMy WebLinkAbout03-1686ALCIDES BECKER APOLAYO, Plaintiff VS. MELODY LYNN TRAUB, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO.&O::b'% C....k) q'O C CIVIL ACTION - LAW CUSTODY CUSTODY COMPLAINT TO THE HONORABLE, THE JUDGES OF SAID COURT: The Plaintiff is Alcides Becker Apolayo, who curre/W~tly~_ resides at 2125 NW 124th Street, Miami, Dade County, Florida 33167. 2. The Defendant is Melody Lynn Traub, who currently resides at Wellsley Park Apartments, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks primary physical and legal custody of the parties' one(l) minor child, Alcides Luther Becker Apolayo, born October 17, 1999. 4. The child was born out of wedlock. 5. The child is currently in the custody of the Defendant who resides at Wellsley Park Apartments, Cumberland County, Pennsylvania. the following persons and at the following addresses: Persons During the past three years the child has resided with Melody Lynn Traub Address Wellsly Park Apts. Mechanicsburg, PA 1260 SW 115 Ave. Davie, FL 33325 Alcides Becker Apolayo Melody Lynn Traub Ashley Rose Bolwinkle Dates 12/22/01 to Present Birth to 12/22/01 persons listed in Paragraph 6 above. 10. Plaintiff has not participated as a party, witness, or otherwise in litigation concerning the custody of the said child. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. the child is that of father. with his mother Elsa Becker. 9. mother. The relationship of Defendant to the child is that of The Defendant currently resides with the child and the The Plaintiff currently resides 7. The father of the child is Alcides Becker Apolayo, who currently resides at 2125 NW 124th Street, Miami, Dade County, Florida. 8. The relationship of Plaintiff Alcides Becker Apolayo to 12. 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 the child. 13. The best interests and permanent welfare of the child will be served by granting primary physical and legal custody of the child to Plaintiff who can provide for the child's physical, emotional and spiritual needs and will not deprive the child of contact with Defendant as she has done by taking the child from Florida without notice to Plaintiff and depriving him of any contact for almost over year. Further, Defendant has endangered the child's welfare, which Plaintiff has reported to the authorities in Florida. 14. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff respectfully prays that Your Honorable Court award primary physical and legal custody of the child to the Plaintiff. Respectfully submitted, L~{K. Serratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing 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: ALCIDES BECKER APOLAYO, Plaintiff VS. MELODY LYNN TRAUB, Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : : No. 9,00% o~¥ ~0\ £ ~ : CIVIL ACTION - LAW : : CU TOD ORDER You,.~J~ ~ , are ORDERED to appear person in the Custody Mediation Office, Fourth Floor, Dauphin'. County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania, on. ~f~ at .~/ /d.'dd o'clock p.m. for a Custody Mediatio~ Conference. If you fail to appear as provided by this Order, an Order for Custody may be entered against you or the Court may issue a warrant for your arrest. 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. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 FOR THE COURT, Date of Order: ALCIDES BECKER APOLAYO, Plaintiff VS. MELODY LYNN TRAUB, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2003-CV-701-CU CIVIL ACTION - LAW CUSTODY PETITION TO TRANSFER AND NOW, comes Plaintiff/Petitioner, Alcides Becker Apolayo, by and through his attorney, Lori K. Serratelli, Esquire, respectfully requests that the above-captioned matter be transferred from Dauphin County, Pennsylvania to Cumberland County, Pennsylvania and avers as follows: 1. The Plaintiff/Petitioner is Alcides Becker Apolayo, who currently resides at 2125 NW 124th Street, Miami, Dade County, Florida 33167. 2. The Defendant/Respondent is Melody Lynn Traub, whose current residence is in Cumberland County, Pennsylvania. 3. Plaintiff/Petitioner seeks primary physical and legal custody of the parties' one(l) minor child, Alcides Luther Becker Apolayo, born October 17, 1999. 4. Plaintiff/Petitioner served a copy of the Custody Complaint and Order scheduling a Conciliation Conference on Defendant/Respondent on February 27, 2003. 5. Attorney Lee Osterling, representing Defendant/Respondent contacted Plaintiff/Petitioner's attorney and confirmed that the child has resided in Cumberland County for the past six (6) months, during which time Plaintiff/Petitioner has not been able to have any contact with said child. 6. Pursuant to Pa. R.C.P. 1915.2(a) (1) (ii), venue is proper in Cumberland County, Pennsylvania. 7. On March 12, 2003, Plaintiff/Petitioner's attorney requested Defendant/Respondent's attorney's concurrence, but no reply has been received. WHEREFORE, Plaintiff/Petitioner respectfully requests that this matter be transferred to Cumberland County, Pennsylvania for disposition by the Court. Respectfully submitted, L~i ~. Serratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717)540-9170 Attorney for Plaintiff VERIFICATION I, Loft K. Serratelli, Esquire, attorney for the Plaintiff, have personal knowledge of the facts contained in the foregoing and therefore do verify that the information contained therein is true and correct to the best of my knowledge, information and belief. Loft ~. Se~atelli, Esquire CERTIFICATE OF SERVICE I, Loft K. Serratelli, Esquire, do hereby certify that on this ~O, day of/~a, tdl ,2003, I served a copy of the foregoing document by United States Mail, First Class, postage pre-paid, to the following person(s): Lee Oesterling, Esquire 42 East Main Street Mechanicsburg, PA 17055 Lo~. ~lerratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff/Petitioner ALCIDES BECKER APOLAYO, Plaintiff VS. MELODY LYNN TRAUB, Defendant · NO. 2003 CV 701 CU : IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY ORDER AND NOW, this 31st day of March, 2003, upon consideration of the foregoing Petition to Transfer, it is hereby ORDERED and DECREED that jurisdiction is transferred to Cumberland County Court of Common Pleas. The Court directs the Prothonotary Office of Dauphin County to transfer the records to Cumberland County Courts. BY THE COURT: Todd A. Hoover, Judge Distribution: Lod K. Serratelli, EsQuire, 2050 Linglestown Road, Suite 201, Harrisburg, PA 17110 Lee Oesterling, Esquire, 42 East Main Street, Mechanicsburg, PA 17055 Date: 4~2/2003 Time: 03:48 PM Page 1 of 1 Dauphin County ROA Report Case: 2003-CV-0701-CU Current Judge: No Judge Alcides Becker Apolayo vs. Melody Lynn Traub CustodyNisitation User: LGARCIA Date Judge 2/11/2003 2/13/2003 2/21/2003 3/26/20O3 3/31/2003 4/2/2003 New Civil Case Filed This Date. Custody Complaint, filed Filing: Custody Complaint Paid by: Serratelli Schiffman Brown & Calhoo Receipt number: 0028998 Dated: 2/13/2003 Amount: $210.00 (Check) You, Melody Lynn Traub, are ORDERED to appear in person in the Custody Mediation Office, Fourth Floor, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania, on March 11, 2003 at 10:00 AM for a Custody Mediation Conference. If you fail to appear as provided by this Order, an Order for Custody may be entered against you or the Court may issue a warrant for your arrest. See ORDER, file. Copy to Concil. 02-21-2003. Petition to Transfer, filed Upon consideration of the foregoing Petition to Transfer, it is hereby ORDERED and DECREED that jurisdiction is transferred to Cumberland County Court of Common Pleas. The Court directs the Prothonotary Office of Dauphin County to transfer the records to Cumberland County Courts. See ORDER, filed. Copies Mailed 04-01-2003. The above case is hereby transfer to the Court of Common Pleas of Cumberland County. .... NO MORE ENTRIES CASE TRANSFERRED .... TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No Judge No Judge No Judge Judith A. Calkin No Judge Todd A. Hoover No Judge No Judge ALCIDES BECKER APOLAYO PLAINTIFF MELODY LYNN TRAUB DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1686 CIVIL ACTION LAW IN' CUSTODY ORDER OF COURT AND NOW, Friday, May 16, 2003 , 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, June 16, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ALCIDES BECKER APOLAYO, Plaintiff V. MELODY LYNN TRAUB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1686 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this ?.,,~ day of June, 2003, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Mother shall have temporary primary physical custody of the minor child, ALCIDES LUTHER BECKER APOLAYO, born October 17, 1999. Mother's rights of primary physical custody shall be subject to Father's rights of supervised visitation. It shall be permissible for Father to have supervised visits on those occasions when Father comes to Pennsylvania to participate in the custody evaluation. The supervised visitation shall occur at a place to be arranged between counsel at Father's expense. 2. The parties shall submit themselves and their minor child to an independent custody evaluation to be performed by Reigler & Shienvold. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. Father shall pay the costs associated with his evaluation and that of the child. Mother shall be responsible for the cost of her portion of the custody evaluation. The parties will cooperate in signing authorizations for confidential records needed by Dr. Shienvold upon his request to do. In the event that Dr. Shienvold requests a chemical dependency evaluation, the parties will promptly cooperate with that evaluation as well. 3. Following receipt of the report from the custody evaluation report by counsel, the Custody Conciliation Conference may reconvene by letter request of counsel for either party if such request is made within twenty (20) days of receipt of the report. However, nothing shall preclude either party from petitioning for a hearing, following the custody evaluation, without a return to conciliation prior to hearing. matter. Cumberland County Court of Common Pleas shall retain jurisdiction of this J. Lori K. Serratelli, Esquire, Suite 201,2080 Linglestown Road, Harrisburg, PA 17110 John W. Purcell, Jr., Esquire, 1719 North Front Street, Harrisburg, PA 17102 ALCIDES BECKER APOLAYO, Plaintiff V. MELODY LYNN TRAUB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1686 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: .NAME DATE OF BIRTH Alcides Luther Becker Apolayo 10/17/99 CURRENTLY IN THE CUSTODY OF MOTHER 2. A Custody Conciliation Conference was held on June 18, 2003, with the following individuals in attendance: the counsel for Plaintiff, Lori K. Serratelli, Esquire; the Mother, Melody Lynn Traub, and her counsel, John W. Purcell, Jr., Esquire. The Father did not attend. Father filed a Custody Complaint on February 11, 2003, in Dauphin County. Subsequently, it was determined that the proper venue was Cumberland County and the matter was listed for a conciliation conference here. 3. The parties did not reach an agreement resolving Father's request for primary custody. However, they did agree to participate in a custody evaluation and an option to return to conciliation, by a letter request, if the request was made within twenty (20) days of counsel's receipt of the Custody Evaluation Report. Although the parties are in dispute about the Mother having primary physical custody, and are in dispute about the manner in which she obtained de facto primary physical custody of the child, they have agreed that the conciliator would enter an Interim Order confirming the status quo which Father seeks to change. The agreed upon Interim Order is attached to this report. 4. Father's position on custody is as follow,-,: Father resides in Florida. He reports that the parties were never married and alleges that Mother moved without notice in approximately September, 2001. He claims that Mother has deprived him of contact with the child for a period of more than one (1) year and that she has endangered the child's welfare by drinking alcohol during the pregnancy. Father claims he had to hire a private detective to locate Mother. He also reports that Mother filed criminal charges against him, NO. 03-1686 CIVIL TERM alleging violation of Florida's equivalent of a Protection From Abuse Order, when he made telephone calls to her in an attempt to arrange to see the child. He alleges that there had been a number of reconciliation periods since the entry of the Florida domestic violence injunction. Father makes allegations that Mother has lived a promiscuous lifestyle. Father seeks the transfer of the primary custody of this three-year-old child to his care. 5. Mother's position on custody is as follows' Mother resides in Cumberland County with the child, where she reports she has been since December, 2001. She reports that she came to Central Pennsylvania for Christmas that year with his consent. Because she was coming to the area to see her mother, Mother believes that Father has known where she was all along. Mother is presently employed at the West Shore Country Club in the Bookkeeping Department. Mother believes that the Father is volatile and unstable. There is an Order in existence in the Circuit Court of the 17th Judicial District in Broward County, Florida, Case Number 00-8118FMCE, Division 59. The Conciliator has been provided with a copy of the Final Judgment of Injunction for Protection Against Domestic Violence with Minor Children, which extended the Injunction for Protection Against Domestic Violence on January 3, 2001. It is of note that the Injunction remains in full force and effect until further Order of Court and has no specific date of expiration. Paragraph 17, of the Order, addresses Arrangements for Contact/Visitation with Minor Children. It provides that the respondent/Father may visit with the minor child in the presence of the petitioner/Mother and only in a public place. Paragraph 19 further provides that the respondent may have contact with the petitioner to schedule visitation described in Paragraph 17. The Defendant's counsel provided a copy of a letter, dated January 16, 2003, indicating that the Plaintiff was placed on probation on November 14, 2002, for violation of the Injunction. The probation supervision period was designated as twelve (12) months. The parties recently had a support conference at which time Father signed an Acknowledgment of Paternity for the child. Mother indicated that prior to this time, Father had refused to acknowledge paternity. Mother reports that Father has another child from another relationship, whom he does not see. Mother agrees to participate in the custody evaluation which Father has requested. However, she is concerned about her ability/t~pa--'a'~or the evaluation in light of her wage of Nine ($9.00) Dollar per hour. (' ' I .~ Me]issa' Peel Greevy, Esquire ' Custody Conciliator :215040