HomeMy WebLinkAbout01-2973 FX
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IDEUSA POLIDURA and
LEEZUED RODRIQUEZ,
Plaintiffs
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
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JACQUELINE GONZALEZ,
Defendant
: CIVILACTION-ATLAW
: CUSTODY
COMPT ,AINT TN CTTSTOnV
AND NOW, the Plaintiffs, Idelisa Palidura and Leezued Rodriquez, by and thraugh their
attorney, Jeanne B. Castopoulas, Esquire, make the fallawing Complaint in Custody:
1. The Plaintiff, ldelisa Palidura, is an adult individual whO' currently resides at 168
Bleecker Street I-R, Brooklyn, NY 11221.
2. The Plaintiff, Leezued Rodriquez, is an adult individual whO' currently resides at 724
Cumberland Paint Circle, Mechanicsburg, Cumberland Caunty, Pennsylvania,
17055.
3. The Defendant, Jacqueline Gonzalez, is an adult individual, whO' currently resides at
1615 Matthew Drive, Camp Hill, Cumberland County, Pennsylvania, 17011.
4. The Plaintiffs seeks partial custody and/ar visitatian af the fallawing children:
N.amt:
PrP.<:<mt R e~d""c"
Age
Thamas V. Valle
1615 Matthew Drive
CampHill,PA 17011
II yrs.
(DOB 1/8/1990)
Ashley I. Valle
1615 Matthew Drive
Camp Hill, P A 17011
8yrs.
(DOB 12/22/1992)
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The cbjldren, Thomas V. Valle and Ashley 1. Valley (the children hereinafter), are presently
in the custody of their mother, Jacqueline Gonzalez, who resides at 1615 Matthew Drive, Camp Hill,
Cumberland COunty, Pennsylvania 17011.
For the past five years, the children resided with the following persons and at the following
addresses:
Name
Arlrlre"-"-
Da1es
Jacqueline Gonzalez
1615 Matthew Drive
Camp Hill, P A 17011
1999 to present
Jacqueline Gonzalez
4 Dulles Drive West, Apt. 6g
Camp Hill, P A 17011
1997-1999
Jacqueline Gonzalez & Thomas Valle
2816 Butler Avenue
Harrisburg, P A
1992-1997
The natural father of the children is Thomas Valle, deceased 4/261200 1. Plaintiff Idelisa
Polidura who resides at 168 Bleecker Street I-R, Brooklyn, NY, 11221, is the mother of Thomas
Valle. Plaintiff Leezued Rodriquez, who resides at 724 Cumberland Point Circle, Mechanicsbmg,
Cumberland COunty, Pennsylvania 17055, is the common law wife of Thomas Valle.
The children were not born out of wedlock.
5. The relationship of the Plaintiff Idelisa Polidura to the children is that of natural paterna1
grandmother.
The relationship ofPlaintiffLeezued Rodriquez the children is that of step-mother.
The relationship of Defendant to the children is that of natural mother.
6. Plaintiffs have not participated as a party or witness, or in another capacity, in other
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litigation concerning the custody of the children in this or another court. However, the Defendant
was a party in litigation concerning custody of the children at Cumberland County Common Pleas
docket no. 98-5788. A true and correct copy of the Order of Court dated August 14, 2000, is
attached as Exhibit A.
7. Plaintiff does not know of a person not a party to the proceedings who has physical
custody of any of the children or claims to have physical custody or visitation rights with respect to
the children
8. The best interests and permanent welfare of the children will be served by granting
the relief requested because:
(a) Plaintiff Idelisa Polidura is the natural paternal grandmother of the child and
has established strong family ties with the children,
(b) Leezued Rodrigquez is the step-mother of the children and has played a
major role in the children's parenting during the last several years.
(c) Plaintiffs have established very close relationships and bonds with the
children.
(d) Plaintiffs desire to continue enjoying the love and affection of the children.
(e) The children should be pennitted to enjoy the love, affection, and emotional
support which has been provided by their paternal grandmother and step-
mother.
(f) The naturaI mother, Defendant, has not given adequate assurances that
Plaintiffs and other paternal relatives will have regular contact with the
children.
(g) It is in the children's best interests for their paternal extended family to be a
part of their lives.
9, Each parent whose parental rights to the children have not been temrinated 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, Plaintiffs respectfully requests this Honomble Court to enter an order
granting to them partial physical custody and visitation of the children.
DATE:
t;'/ IS /01
Respectfully submitted,
II
Jeann' . Costopoulos, Esquire
ATTORNEY FOR PLAINTIFFS
1400N. Second Street
Harrisburg, PA 17102
(717) 221-0900
Supreme Ct ill No. 68735
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IDELISA POLIDURA and
LEEZUED RODRIQUEZ,
Plaintiffs
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No.
JACQUELINE GONZALEZ- V AUE,
Defendant
: CIVILACTION-ATLAW
: CUSTODY
VRRTFTC.A nON
I, Idelisa Polidura, hereby verify that the statements made in the foregoing Custody
Complaint are true and correct to the best of my knowledge, information, and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904,
relating to unsworn falsification to authorities.
Date: 5!JS/aO(l/
, .
Signature:
~.v f~
IDELISA POLIDURA
VF,RTFTC.A nON
I, Leezued Rodriquez, hereby verify that the staternents made in the foregoing Custody
Complaint are true and correct to the best of my knowledge, information, and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904,
relating to unsworn falsification to authorities.
Date: ~
Si~~l~
LEEZ RODRIQUEZ
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THOMAS VALLE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
NO. 98-5788
JACQUELINE GONZALEZ-VALLE,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this N ~ day of !1dl~ ,2000, upon consideration of the
attached Custody Conciliation Report, it is Or ered and directed as follows:
1. Physical 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 additio'nal 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.
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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
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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 until
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 31stthrough 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.
(B) 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.
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5. Transportation: 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 Un i-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 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
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knowledge of illness or accident or other serious circumstance affecting the welfare of the
childreln, 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, 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 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, Superceding the Prior Court Orders: This Order shall supercede all prior
Court Orders, stipulations, or agreements. .
13. Contemotl Attorneys 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.
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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,
BY THE COURT,
TRUE COPY FROM RECORD
In Testimony wherec4, I here unto set my hand
'lnd the seal of said Court at CarlIsle. Pa.
This J':I.~ day of f.>~11.L4f. :Lroo
. ( L,iI.<.- (L. "JiJ,ip, ", ~""l'
! Prothonotarf
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THOMAS VALLE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 98-5788
JACQUELINE GONZALEZ.V ALLE,
Defendant
CIVIL ACTION - LAW
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 children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Thomas V. Valle
Ashley I. Valle
January 8, 1990
December 22, 1991
Mother
Mother
2. A Custody Conciliation Conference was held on July 11, 2000, with the following
individuals in attendance: The mother, Jacqueline Gonzalez-Valle, and her counsel, Joseph J,
Dixon, Esquire; the father, Thomas Valle and his counsel, Jeanne' Costopoulos, Esquire.
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3. The parties agreed to an Order of Court in the form as attached.
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Melissa Peel Greevy, Esquire
Custody Conciliator
Date
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IDELlSA POLlDURA AND
LEEZUED RODRIGUEZ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
vs.
NO. 01-2973
JACQUELINE GONZALEZ-VALLE,
Defendant
CIVIL ACTION - LAW
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 Children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Thomas V, Valle
Ashley I. Valle
January 8, 1990
December 22, 1992
Mother
Mother
2, A Custody Conciliation Conference was held on June 18, 2001, with the following
individuals in attendance: Idelisa Polidura and Leezued Rodriguez, and their counsel, Jeanne'
B. Costopoulos, Esquire; the Mother, Jacqueline Gonzalez-Valle, and her counsel, Joseph J.
Dixon, Esquire.
3, This is the first Custody Conciliation Conference held between these parties.
However, a previous Order as to these Children was docketed at No, 98-5788 Civil Term,
Cumberland County Court of Common Pleas, wherein the parties were the biological Father
(now deceased) and the Mother. This Conference was requested by the Paternal
Grandmother and the late Father's girlfriend. The Plaintiff, Leezued Rodriguez, has chosen to
withdraw her petition for partial custody of her late boyfriend's Children. The parties reached
an agreement in the form of an Order as attached.
715/6/
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No. 01-2973
4. In the event that a visit with the Paternal Grandmother is missed due to illness or
weather, compensatory time will be scheduled.
5. Holidays. The Paternal Grandmother shall have a minimum of two days over the
Christmas holiday school break for the purposes of visitation. Paternal Grandmother may also
have partial custody as may be available in the school calendar for part of the Easter holiday
break, weather permitting, and to be exercised in Pennsylvania.
6, There shall be reasonable telephone contact on a regular basis permitted between
the minor Children and the Paternal Grandmother.
7, The intent of this Order is to provide continuing contact and fostering of the pre,
existing relationship between the minor Children and the Paternal Grandmother, Mother to
their late Father.
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Dist:
Jeanne' B. Costopoulos, Esquire, 1400 N. Second Street, Harrisbur , PA 17102
Joseph J, Dixon, Esquire 126 State Street, Harrisburg, PA 17101
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IDELlSA POll DURA AND
LEEZUED RODRIGUEZ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
vs.
NO. 01-2973
JACQUELINE GONZALEZ-VALLE,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
B'yl,y, J. - ~
AND NOW, this qJ.-. day of , , 2001, upon consideration of
the attached Custody Conciliation Summary Report, it is h eby ordered and directed as
follows:
1, Legal Custody. The Mother, Jacqueline Gonzalez-Valle, shall have sole legal
custody of the minor Children, Thomas V. Valle, born January 8, 1990, and Ashley I. Valle,
born December 22, 1992.
2. Physical Custody. The Mother shall have primary physical custody of the minor
Children.
3. The Paternal Grandmother, Idelisa Polidura, shall have partial custody of the
Children as follows:
A. Vacation. June 30, 2001, through July 15, 2001, In subsequent years,
the Grandmother shall be entitled to at least two weeks of physical
custody of the Children during the summer which may be consecutive or
non-consecutive.
B. At such additional times when Grandmother is in the Central Pennsylvania
area, upon reasonable notice to Mother, or at such times when Mother
may visit New York City where the Paternal Grandmother resides,
C. One weekend every other month, and at other such times as the parties
may agree.
D. The Plaintiff, Leezued Rodriguez, shall not be present during any periods
of partial custody with the Paternal Grandmother.
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IDELISA POLIDURA AND LEEZUED
RODRIQUEZ
PLAINTIFF
V.
JACQUELINE GONZALEZ- VALLE
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
01-2973 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, May 25, 2001
, 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 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tnesday, June 12, 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.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Cnstody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Isl
Melissa P.Greevy. Esq. ttJ
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
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IDELISA POLIDURA and
LEEZUED RODRIQUEZ,
Plaintiffs
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. tJl- cJ9 7.3
itA
JACQUELINE GONZALEZ- VALLE,
Defendant
: CIVIL ACTION - AT LAW
: CUSTODY
ORDF.R OF C.OllRT
You, Jacqueline Gonzalez-Valle, Defendant in the above-captioned custody action, have
been sued in court to obtain partial custody or visitation of the following children: Thomas V.
Valle, born January 8,1990, and Ashleyl Valle, born December 22,1992.
You are ordered to appear in person at
on ,2001, at .m., for
a conciliation or mediation conference.
a pretrial conference.
a hearing before the court.
If you fail to appear as provided by this Order, 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
HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORlHBELOWTO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
FOR THE COURT:
Date:
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IDELISAPOLIDURA and
LEEZUED RODRIQUEZ,
Plaintiffs
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No.
JACQUELINE GONZALFZ-V ALLE,
Defendant
: CIVlLACTION -ATLAW
: CUSTODY
AMERICANS WITH DISABH.JTIES
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 before
the court. You must attend the scheduled conference or hearing.
BY THE COURT:
Date:
J.