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Home My WebLink About03-6010TERESA DE'JESUS CALLE, Plaintiff JOSI~ VIRGILIO AGUIRRE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : IN CUSTODY NO. ~.~.__-__~o1 ~ CIVIL TERM COMPLAINT FOR CUSTODY 1. The plaintiff is Teresa De'Jesus Calle, residing at 8 Richland Lane, Apartment #202, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The defendant is Jos6 Virgilio Aguirre, residing at 2205 Cedar Run Drive, Apt. A, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks sole legal and primary physical custody of the following children: Nsme Dennis Jos6 Aguirre Talisa Alexandm Aguirre Present Residence 8 Richland Lane, Apt. #202 Camp Hill, PA 17011 8 Richland Lane, Apt. #202 Camp Hill, PA 17011 5 years (DOB 03/19/98) 3 years (DOB 03/20/00) The children were bom out of wedlock The children are presently in the custody of Teresa De'Jesus Calle, who resides at 8 Richland Lane, Apt. #202, Camp Hill, PA 17011. During the past five years, the children have resided with the following persons and at the following addresses: Individuals Teresa De'Jesus Calle Address 8 Richland Lane, Apt. #202 Date 10/2002-present Camp Hill, PA 17011 Teresa De'Jesus Calle Jos6 Virgilio Aguirre 8 Richland Lane, Apt. #202 Camp Hill, PA 17011 Teresa De'Jesus Calle 1407 13th Street Jos~ Virgilio Aguirre Harrisburg, PA Nelly Calle, Plaintiff's Sister Raft Calle, Plalntiff's Brother Teresa De'Jesus Calle Jos6 Virgilio Aguirre 69-01 62"d Street, Apt. 2B Queens, NY 12/2001-10/2002 01/2000-12/2001 1998-01/2000 The mother of the children is Teresa De'Jesus Calle, currently residing at 8 Richland Lane, Apt. #202, Camp Hill, Cumberland County, Pennsylvania 17011. She is not married. The father of the children is Jos6 Virgilio Aguirre, currently residing at 2205 Cedar Run Drive, Apt. A, Camp Hill, Cumberland County, Pennsylvania 17011. He is not married. 4. The relationship ofplaintiffto the children is that of mother. The plaintiff currently resides with the following persons: Name Dennis Jos6 Aguirre Talisa Alexandra Aguirre Relationship Son Daughter 5. The relationship of defendant to the children is that of father. The defendant currently resides alone. 6. Plaintiff participated as the plaintiff in a Protection From Abuse action which involved the custody of the children in this court, docketed No. 03-1350. She voluntarily withdrew that action. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff is best able to provide the care and nurturing which the children need for healthy development; b) Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; c) Plaintiff is willing to accept custody of the children; d) Plaintiff exercises parental duties and enjoys the love and affection of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant her sole legal and primary physical custody of the children. November J~, 2003 ferE. ~ ed Leg~ Intern TI-IOMA~'-~LACE ~ ROBERT E. RAINS ANNE MACDONALD-FOX Supervising Attomeys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Counsel for Teresa De'Jesus Calle VERIFICATION I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. '~-De'Jesus Calle - TERESA DE'JESUS CALLE, Plaintiff JOSE VIRGILIO AGUIRRE, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : IN CUSTODY NO. d~)-~-~ 6°1° CIVIL TERM CUSTODY AND VISITATION AGREEMENT THE FOLLOWING AGREEMENT, made this /~_% day of // ,2003, between Plaintiff Teresa De'Jesus Calle (mother), and Defendant Jos6 Virgilio Aguirre (father), concerns the custody and visitation of their children, Dennis Jos6 Aguirre (child), bom March 19, 1998, and Talisa Alexandra Aguirre (child), born March 20, 2000. Mother and Father agree to the following: 1. Mother shall have sole legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children every Saturday from 6:45 a.m. to 5:00 p.m. 4. The custodial parent shall allow the noncustodial parent to have reasonable telephone communication with the children. 5. Father shall be responsible for all transportation of the children to and from mother's residence. 6. Mother shall keep father informed of the children's dietary and medical needs. 7. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love and respect for the other parent. 8. Mother and Father desire to make this agreement a Court Order. They may modify this agreement, such as allowing father additional periods of visitation, by mutual consent. In the absence of such mutual consent, the terms of this Order shall control. 9. Father acknowledges that the Family Law Clinic represents only the mother's interests in this matter and has advised him that he should seek the advice of 1~(~ C.~re~a De'Jesus Calle, Plaintiff Jose Virgilio Agmrre, Defendant Date Date ROBERT E. RA1NS ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Counsel for Teresa De'Jesus Calle TERESA DE'JESUS CALLE, Plaintiff JOSI~ V1RGILIO AGUIRRE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY o..7- 6 NO. - ..... CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Teresa De'Jesus Calle, Plaintiff, to proceed in forma pauperis. I, Jennifer E. Halferty, of the Family Law Clinic, Certified Legal Intern, for the party proceeding in forma pauperis, certify that I believe the party is tmable to pay the costs m~d that I am providing free legal service to the party. Date: THO~. PLACE ~ ROBERT E. RAINS ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Attorneys for Plaintiff NOV '19 ~0~5 L.,' TERESA DE'JESUS CALLE, Plaintiff JOSI~ VIRGILIO AGUIRRE, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW 1N CUSTODY 02/-' ~' ° 1~ NO. - ..... CIVIL TERM ORDER AND NOW, this'"~ day of~~.2~3, the attached Custody and Visitation Agreement is approved and entered as an Order o£ Court.