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HomeMy WebLinkAbout00-08116 SHARON D. SCHWARTZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVINA PUCETA : NO. 2000-8116 CIVIL TERM ORDER OF COURT AND NOW, this -)?AAA day of NOVEMBER, 2000, it appearing that the stipulation for custody does not contain sufficient facts with regard to the status of the natural father, the request for a custody order is DENIED. We will reconsider this matter upon compliance with Pa. Rule of Civil Procedure 1915.6. Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, Pa. 17108-1268 :sld I q-oo RXg UvI?aJi_f ILi -Ll V,JI.IT?I?I HENNSYi 4, ?jj ' SHARON D. SCHWARTZ, Plaintiff V. DAVINA PUCETA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OO - JO//C G&-(??2ri1 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, to wit, this day of 2000, it is hereby ORDERED AND DIRECTED that the attached Stipulation for Custody is adopted in its entirety and incorporated herein as an Order of Court. This Court shall retain jurisdiction over this matter. BY THE COURT: SHARON D. SCHWARTZ, Plaintiff V. DAVINA PUCETA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW CUSTODY/VISITATION STIPULATION FOR CUSTODY AND NOW, this 2 5 4 day of dr,?0 eY , 2000, come the parties, SHARON D. SCHWARTZ ("Grandmother"), and DAVINA PUCETA ("Mother"), who do hereby agree and stipulate as follows: WHEREAS, the parties hereto are the maternal grandmother and mother, respectively, of the minor child, ALEXIS ROSE PUCETA, born August 11, 2000; and WHEREAS, the parties have reached agreement with respect to custody of the child. NOW, THEREFORE, the parties agree as follows: 1. Grandmother shall have primary legal and physical custody of the child. 2. Mother shall have partial physical custody of the child as the parties shall from time to time agree upon and arrange. 3. The parties agree that this Stipulation shall be entered as an Order of Court and, as such, shall have the same force and effect as if this matter had been tried and decided by the Court. 4. This Stipulation and Order of Court shall remain in full force and effect until further Order of Court. 5. The parties hereby waive their right to present this Stipulation in open court or to have their case heard by the Court at this time. 6. The parties agree that this Court shall retain jurisdiction over this matter in the event that either party wishes to seek a modification of this Order. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: ?. JChx'-4* S ON D. SCHWARTZ DAVINA PUCETA 2 L? tr , Z - s i 4 -d ?n GOLDBERG, KATZMAN E SHIPMAN, P.C. Paul J. Esposito, Esquire Supreme Court ID #25454 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff SHARON D. SCHWARTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,, PENNSYLVANIA V. NO. UO -Pll? 1`toc?? DAVINA PUCETA, CIVIL ACTION - LAW Defendant CUSTODY/VISITATION ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the within Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2000, at M., for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the Conference, but the child/children's attendance is not mandatory. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 cc: Defendant Paul J. Esposito, Esq. SHARON D. SCHWARTZ, Plaintiff V. DAVINA PUCETA, Defendant CIVIL ACTION - LAW CUSTODYNISITATION COMPLAINT FOR CUSTODY 1. Plaintiff is SHARON D. SCHWARTZ, who currently resides at 12 South Ridge Road, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is DAVINA PUCETA„ whose current residential address is unknown to Plaintiff. 3. Plaintiff is the maternal grandmother and Defendant is the biological mother of the child who is the subject of this action. 4. Plaintiff seeks primary physical and legal custody of: Name: Alexis Rose Puceta, DOB: 8/11/00 Present Residence: 12 South Ridge Road, Boiling Springs, Cumberland County, Pennsylvania The child was born out of wedlock. 5. The child presently resides with Sharon D. Schwartz, Plaintiff herein, at 12 South Ridge Road, Boiling Springs, Cumberland County, Pennsylvania. Since birth, the child has lived with the following persons and at the following IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Uv - b!7(P C cum ?.? addresses: 8/11/00 - Present 12 South Ridge Road, Boiling Springs, Cumberland County, Pennsylvania Plaintiff and Plaintiffs son, Nicholas Oliver Schwartz The mother of the child is DAVINA PUCETA, Defendant herein, whose current residential address is unknown to Plaintiff. She is not married. 6. The relationship of Plaintiff to the child is that of maternal grandmother. Plaintiff currently resides with her son, Nicholas, and her granddaughter, Alexis. 7. The relationship of Defendant to the child is that of mother. Defendant currently resides with person or persons unknown to Plaintiff. 8. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 9. The best interests and permanent welfare of the child will be served by the relief requested. 11. Plaintiff has not participated as a party, witness or in another capacity or in other litigation concerning the custody of the child in this or another Court. WHEREFORE, Plaintiff respectfully requests that the court grant primary physical and legal custody of ALEXIS ROSE PUCETA, to her. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By AOJ? Paul J. posh o, Esquire 320 Market Street, Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff VERIFICATION I verifythat the statements contained in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn /falsification to authorities. j f-IN Date: O-0 (Q,Jb? 0 R S AARON D. SCHWARTZ N ? Y ? o r n? -Z It ) O O ice.: _ ? C l -"? C y G f? 7 G n r -G. 1s. - SHARON D. SCHWARTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVINA PUCETA DEFENDANT 00-8116 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 5th day of January , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 8th day of February , 2001, at 11:00 a.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 entry of a temporary or permanent order. FOR THE COURT, By: /s/ Melissa A Greev Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 "T PENNSYl `!!?-,V' M t? a ?P'Te sF9AR2x 3'4'?Pitis'a ?'FN:dVGS?'.RA@?lMk SHARON D. SCHWARTZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVINA PUCETA : NO. 2000-8116 CIVIL TERM ORDER OF COURT AND NOW, this 292 day of DECEMBER, 2000, the Petition for Joinder is GRANTED. This matter is to be scheduled before a custody conciliator. Paul J. Esposito, Esquire For the Plaintiff Christian Matthews 12 South Ridge Road Boiling Springs, Pa. 17007 By the Court, 1.0 Edward E. Guido, J. ?? 4q-Al )-.2-0) "RK9 Davina Puceta 12 South Ridge Road Boiling Springs, Pa. 17007 l:' 1 4 ;nsl..l q i i FENNSYLiriUtiiq SHARON D. SCHWARTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-8116 Civil Term DAVINA PUCETA, CIVIL ACTION - LAW Defendant CUSTODY ORDER AND NOTICE A complaint has been filed in the Court of Common Pleas of Cumberland County concerning custody, partial custody and visitation of the following child: ALEXIS ROSE PUCETA, born August 11, 2000. The Court has learned you may have a legal interest in custody, partial custody or visitation of the child named. A hearing will be held in Courtroom _ of the Court of Common Pleas, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA, on the day of 200_, at _, - M. If you wish to have custody, partial custody or visitation of the child or wish to present evidence to the Court on those matters, you should appear at the place and time and on the date above. If you have the child in your possession or control, you must appear and bring her to the Courthouse with you. If you wish to claim the right of custody, partial custody or visitation, you may file a counterclaim. If you fail to appear as provided by this order or to bring the child, an order for custody, partial custody or visitation 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. Office of the Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT 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 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. BY THE COURT: Date: J. SHARON D. SCHWARTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-8116 Civil Term DAVINA PUCETA, CIVIL ACTION - LAW Defendant CUSTODY PETITION FOR JOINDER AND NOW, comes Plaintiff, Sharon D. Schwartz, by and through her counsel, Goldberg, Katzman & Shipman, P.C. and Paul J. Esposito, Esquire, and files the following Petition for Joinder, and in support thereof, avers as follows: 1. On November 16, 2000, Plaintiff, Sharon D. Schwartz, by her counsel, filed a Complaint for Custody to the above-captioned term and number. 2. In her Complaint, Plaintiff named only the biological mother, Davina Puceta, as Defendant. 3. Plaintiff seeks to join the biological father, Christian Matthews, as an additional Defendant in this matter. 4. Plaintiff anticipates that she, Defendant and Mr. Matthews will execute a Stipulation for Custody regarding the subject of this action, Alexis Rose Puceta, born August 11, 2000. 5. Plaintiff seeks to join Mr. Matthews in this action in accordance with Pennsylvania Rule of Civil Procedure 1915.16(a). WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an order joining Christian Matthews as a party Defendant in this action. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By 9A,4-4y PAUL Y. ES SITO, ESQUIRE 320 arket Street Post Office Box 1268 Harrisburg, PA 17108-1268 Supreme Court ID #25454 Attorneys for Plaintiff VERIFICATION I verify that the statements contained in the foregoing PETITION FOR JOINDER are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: / oL f?CS u SHARON D. SCHW TZ c? s-.: - f" l .J t J ?: 7 --? fl : ?::,-, , F ??1 ? ? - :° ? CO _-._:. ,•,5 _ _ _- ?_ (-? -? -?' c n SHARON D. SCHWARTZ, Plaintiff V. DAVINA PUCETA and, CHRISTIAN MATTHEWS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 6Q- gl I? CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, to wit, this `31 day of 2001 , it is hereby ORDERED AND DIRECTED that the attached Stipulation for Custody is adopted in k its entirety and incorporated herein as an Order of Court. This Court shall retain jurisdiction over this matter. ll.???al ?rl 1- , `I =ti ?•r, vUwE; _; ;.;1 CUiJfvl'r P?h?IVS'W???Nira r SHARON D. SCHWARTZ, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. DAVINA PUCETA and, CIVIL ACTION - LAW CHRISTIAN MATTHEWS, Defendants CUSTODY/VISITATION STIPULATION FOR CUSTODY AND NOW, this qr c day of Totaar , 2000, come the parties, SHARON D. SCHWARTZ ("Grandmother"), DAVINA PUCETA ("Mother"), and CHRISTIAN MATTHEWS ("Father") who do hereby agree and stipulate as follows: WHEREAS, the parties hereto are the maternal grandmother, mother and father, respectively, of the minor child, ALEXIS ROSE PUCETA, born August 11, 2000; and WHEREAS, the parties have reached agreement with respect to custody of the child. NOW, THEREFORE, the parties agree as follows: I. Grandmother shall have primary legal and physical custody of the child. 2. Mother shall have partial physical custody of or visitation with the child as the parties shall from time to time agree upon and arrange. 3. Father shall have partial physical custody of or visitation with the child as the parties shall from time to time agree upon and arrange. 4. The parties agree that this Stipulation shall be entered as an Order of Court and, as such, shall have the same force and effect as if this matter had been tried and decided by the Court. This Stipulation and Order of Court shall remain in full force and effect until further Order of Court. 6. The parties hereby waive their right to present this Stipulation in open court or to have their case heard by the Court at this time. The parties agree that this Court shall retain jurisdiction over this matter in the event that either party wishes to seek a modification of this Order. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: JMAIX, dchu SHARON D. SCHWARTZ DAVINA PUCETA CHRISTIAN TTHEWS q e-n MAR 0 5 2001Y SHARON D. SCHWARTZ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DAVINA PUCETA, Defendant NO. 00-8116 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this ? day of February, 2001, the Conciliator, having received notification from counsel for the Plaintiff that the parties have reached an agreement, hereby relinquishes jurisdiction of this matter. FOR THE COURT, Custody Conciliator T? .. -`i ?'? -- i . Ji Eris ,::rJ -. .?_ G:j ??- (%"?? -< t-, ?.. ^i. SHARON D. SCHWARTZ, N/K/A SHARON D. CONNORS Plaintiff V. DAVINA PUCETA and CHRISTIAN MATTHEWS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 00-8116 CIVIL IN CUSTODY STIPULATED CUSTODY AGREEMENT AND NOW, this day of , 2009, the parties to this proceeding, Sharon D. Connors and Davina Puceta, agree to resolve the issue of child custody of the Child, Alexis Rose Puceta upon agreement to be entered as an Order of Court upon approval, as per the following: 1. Plaintiff is Sharon D. Connors, f/k/a/ Sharon D. Schwartz, (hereinafter "Grandmother"), who resides at 12 S. Ridge Rd., Boiling Springs, PA 17007. 2. Defendant is Davina Puceta, (hereinafter "Mother"), who resides at 12 S. Ridge Rd., Boiling Springs, PA 17007. 3. Defendant Christian Matthews is the Father of the subject Child. However, Father has had no contact with the subject Child since the Child was approximately two months old. Father's location and residence are unknown. Upon information and belief, Mother has diligently attempted to contact/locate Father; however such efforts have proven futile. Mother has attempted to locate him at his last known address and Father no longer resides there. All telephone numbers have been changed or they have been disconnected. 4. The Child that is the subject of this proceeding is Alexis Rose Puceta, born 08/11/00. 5. The parties seek to resolve their issues by written Stipulated Custody Agreement to be entered as an Order of Court and they agree upon the following terms: 6. Legal Custody: The Grandmother, Sharon D. Connors, and the Mother, Davina Puceta, shall share legal custody of Alexis Rose Puceta, born August 11, 2000. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other party. 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 party within such reasonable time as to make the records and information of reasonable use to the other party. 7. Physical Custody: The Mother, Davina Puceta, and the Maternal Grandmother, Sharon D. Connors, shall share physical custody of the Child as the parties may mutually agree and arrange. In the event Father desires to seek custody/visitation of the subject Child, nothing in this Agreement shall preclude Father from asserting his legal rights. 8. Alexis Rose Puceta, born 08/11/2000, shall attend school in Mother's school district, unless the parties can mutually agree otherwise. 9. Representation: In reaching this agreement, Grandmother is pro se and Mother is represented by Mark F. Bayley, Esq. This agreement is binding and enforceable when signed by Davina Puceta and Sharon D. Connors. Both parties agree that this Agreement and Stipulation shall be incorporated into an Order of Court. 10. The parties agree that this Court shall retain jurisdiction over this matter in the event any party wishes to seek a modification of this Order. 11. The parties may modify this Agreement by mutual agreement in writing. In the absence of mutual consent, the terms of this Agreement shall control. Wherefore, the parties ask this Honorable Court to enter an Order in accordance with this Stipulated Custody Agreement. Respectfully submitted, Date_Z42V'(: `1 1 t 1 ?(n ?? [ ??0 Davina Puceta Date U ,2, 8 09 C' l aron D. Connors FILED- OF TI-E F? r '7ARY 2609 SE P - f 12: 07 CLAiLl .' SEP 0 2 2009 SHARON D. SCHWARTZ, N/K/A : IN THE COURT OF COMMON PLEAS SHARON D. CONNORS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAVINA PUCETA and CHRISTIAN MATTHEWS, : No. 00-8116 CIVIL Defendants : IN CUSTODY ORDER AND NOW, this day of 2009, upon consideration of the joint Stipulated Custody Agreement executed by the parties to this proceeding, the Court hereby incorporates the terms of the Stipulated Custody Agreement by reference into this Order of Court. ZMark F. Bayley, Es q For Davina Puceta 17 West South Street Carlisle, PA 17013 ? Sharon Connors, pro se 12 S. Ridge Rd. Boiling Springs, PA 17007 1?or Ces r-^z LLL J. Al OF THE F? jr ?? ? ; AflY 2009 SEP -3 AM 11: 52 CUB z, Fir k J t