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HomeMy WebLinkAbout03-6563IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ROBERT DEWALT, : . Plaintiff, : : VS · ELRIAH ROMO, : Defendant, : Civil Action At Law---Custody Case No..~~ NOTICE AND ORDER TO APPEAR AND NOW, this , upon consideration of the attached complaint, it is hereby directed that the above parties and their respective counsel appear before Esquire, the conciliator, at on the , day of ,2003, at , 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 be present at the conference, Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator 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 heating or business before the court. You must attend the scheduled conference or hearing. 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. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ROBERT DEWALT, Plaintiff, VS. ELRIAH ROMO, Defendant, Civil Action At Law---Custody COMPLAINT FOR CUSTODY 1. The plaintiff is Robert Dewalt, residing at 51 Echo Road, Carlisle Pennsylvania Carlisle, 17013, PA. County of Cumberland, Commonwealth of Pennsylvania, 2. The defendant is Elofiah Romo, whose current residence is unknown. Name Address Esai M. Dewalt Address Unknown 4. The child was bom within wedlock. 5. The child is presently in the custody of unknown. Plaintiff seeks custody of the following children: A2e dob 8/7/99 4 years Eloriah Romo whose current residence is 6. Since August of 2003 the children have resided with the at an address uniknown but believed to be in the State of California. 7. The biological mother of the child is Eloria Romo, whose currem address is unknown. 8. The mother is separated from he father, plaintiff and is currently divorced from the same. 9. The father of the child is Robert Dewalt and is currently residing at 51 Echo Road, Carlisle Pennsylvania Carlisle, 17013, PA. County of Cumberland, Commonwealth of Pennsylvania, 10, The father is separated but currently remains divorced from the mother, and Defendant. 11. The relationship of the plaintiff to the child is that of a biological Father. The Plaintiff currently resides with the following persons: Name Relationshio Nancy Dewalt Mother 12. The plaintiff has not participated as a party or witness, or in another capacity, in any other litigation concerning the custody of the child in this or another court. 13. The plaintiff has no other information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 14. 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 children. 15. The best interest and permanent welfare of the child will be served by Granting the relief requested for the reasons as hereinafter recited: (a) The mother unilaterally left the Commonwealth of Pennsylvania to move to California with the child without providing to the father any forwarding information relative to her address and destination. (b) Prior to the mother's departure with the child in August of 2003, the child resided with the father, wherein the child felt a sense of comfort, permanency, and familiarity. (c) The father prior to the mother's departure was the primary custodian and caregiver of the child and provided for all of the child's needs.. (d) Plaintiff, believes and therefore avers that he can provide a predictable and stable lifestyle for which, the child can once again become accustomed and which will be in the best interest of the child during his formative years and throughout his life. WHEREFORE, Plaintiff, Robert Dewalt, respectfully requests for the aforementioned reasons, that the court grant and award him primary physical custody of Esai M. Dewalt. DATED: 12/9/2003 (717) 790-5500 VERIFICATIOi~' I verify that the statements made in this Complaint are true and correct. I understand That false statements herein are made subject to the penalties of 18 Pa.C.S, & 4904 relating to unswom f-~lsification to authorities Robert Dewal~ Plaintiff ROBERT DEWALT PLAINTIFF V. ELRIAH ROMO DEFENDANT iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-6563 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 30, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, January 21, 2004 at 1:00 PM 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 tile 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/ Dawn S. Sunday, 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 SttOULD 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ROBERT DEWALT VS. ELRIAH ROMO Plaintiff : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLA2qD COUNTY, PENNSYLVANIA 03-6563 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 5th day of May ,2004 the conciliator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for teday is cancelled. FOR THE COURT, Dawn S. Sunday, Esq~ Custody Conciliator · ,'t~/_LONOi4lOb:l 3Hi. 50 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ROBERT DEWALT, : : Plaintiff, : -_ _. VS. : _. ELRIAH ROMO, : : Defendant, : Civil Action At Law---Custody Case No.3~.~.~-~ ~t~ L~"~7 COMPLAINT FOR CUSTODY 1. The plaintiff is Robert Dewalt, residing at 51 Echo Road, Carlisle Pennsylvania Carlisle, 17013, PA. County of Cumberland, Commonwealth of Pennsylvania, 2. The defendant is Eloriah Romo, whose current residence is unknown. 3. Plaintiff seeks custody of the following children: Name Address Age Esai M. Dewalt Address Unknown 4 years 4. The child was bom within wedlock. 5. The child is presently in the custody of unknown. 6. Since August of 2003 the children have resided with the at an address uniknown but believed to be in the State of California. 7. The biological mother of the child is Eloria Romo, whose current address is unknown. 8. The mother is separated from he father, plaintiff and is currently divomed from the same. dob 8/7/99 Eloriah Romo whose current residence is 9. The father of the child is Robert Dewalt and is currently residing at 51 Echo Road, Carlisle Pennsylvania Carlisle, 17013, PA. County of Cumberland, Commonwealth of Pennsylvania, 10. The father is separated but currently remains divorced from the mother, and Defendant. 11. The relationship of the plaintiff to the child is that of a biological Father. The Plaintiff currently resides with the following persons: Name Relationship Nancy Dewalt Mother 12. The plaintiff has not participated as a party or witness, or in another capacity, in any other litigation concerning the custody of the child in tlfis or another court. 13. The plaintiff has no other information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 14. 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 children. 15. The best interest and permanent welfare of the child will be served by Granting the relief requested for the reasons as hereinafter recited: (a) The mother unilaterally left the Commonwealth of Pennsylvania to move to California with the child without providing to the father any forwarding information relative to her address and destination. (b) Prior to the mother's departure with the child in August of 2003, the child resided with the father, wherein the child felt a sense o[~ comfort, permanency, and familiarity. (c) The father prior to the mother's departure was the primary custodian and caregiver of the child and provided for all of the child's needs.. (d) Plaintiff, believes and therefore avers that he can provide a predictable and stable lifestyle for which, the child can once again become accustomed and which will be in the best interest of the child during his formative years and throughout his life. WHEREFORE, Plaintiff, Robert Dewalt, respectfully requests for the aforementioned reasons, that the court grant and award him primary physical custody of Esai M. Dewalt. DATED: 12/9/2003 GREGORY S. HA~LETT~ (717) 790-5500 v ,mnc4 o I verify that the statements made in this Complaint are true and correct. I understand that false statements h~rein are made subject to the penalties of 18 Pa.C.S. & 4904 relating to tmswom falsification to authorities Robert Dewalt, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBERT DEWALT, : Plaintiff, : : V. : : ELORIA ROMO : Defendant : No. 03-6563 Civil Action - Custody STIPULATION FOR ENTRY OF AN AGREED ORDER OF CUSTODY THIS STIPULATION AND AGREEMENT entered into this ~. , day of ~]0]ql ] 2004, by and between Robert Dewalt, (hereinafter referred to as ("Father") and EIoria Romo, (hereinafter refereed to as "Mother"). NOW THIS AGREEMENT WlTNESSETH THAT: WHEREAS, the Mother and Father are the natural parents of the following child, by the name of Easi Dewalt (hereinafter referred to as ("Child"), and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the children. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties here~:o agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties to this agreement. 1. The Father shall have PRIMARY PHYSICAL CUSTODY of the Child. 2. The parties shall have SBARED LEGAL CUSTODY of the Child. 3. The Mother shah have PARTIAL PHYSICAL CUSTODY as oatlined hereinafter. 4. Mother shall have Custody of the child for (2) consecutive weeks during the child's summer vacation to be chosen by mother as her schedule shall allow. 5. Father shall have Custody of the Child for (2) consecutive weeks during the summer vacation provided it does not conflict with mothers two week period. 6. The mother shall have additional periods of custody if and when she visits the Commonwealth of Pennsylvania as the parties may agree. 7. Father shall have Primary Physical custody of the child; at all other times that mother does not have custody of the child pursuant to the terms of this agreement. 8. The maternal grand-mother shall be entitled to visitation with the child as both the father's and grandmother's schedule will allow. (a) The holidays shall be divided as the parties may agree. (b) The transportation of the child to the mother each summer for her two week period of custody with child shall be paid for by father and shall consist of a Round-Trip plane ticket. (c) To implement this agreement father shall pay the expense to initially retrieve the child from the State of California. (d) Father agrees to contact mother and the child's sisters twice per month by way of telephone and talk for no less than fifteen minutes per call. (e) Father shall provide to mother copies of the child's report cards and pictures as they become available to him from the school. (f) In the event father dies or becomes incapacitated and unable to care for the child mother shall then receive Primary Physical custody of the child. (g) Father agrees not to file a child support claim against the mother fbr the support of the child. (h) Father shall arrange meetings between Coda, brother and Esai for the purpose of maintaining a family connection. (i) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (j) The parties can agree to expand the levels of custody beyond what is provided within the framework of this agreement as they may mutually agree from time to time. Neither party shall restrict the other party's periods of custody as outlined within this agreement unless BOTH parties verbally agree to such a restriction. Notwithstanding, the verbal agreement of BOTH parties to periods of less custody, than provided within this agreement the party agreeing to less custody shall be entitled to rescind, such agreement at any time atter consent has been given and insist that the terms, conditions, and restrictions contained within this agreement as to periods of custody be enfomed as they are presented within the agreement. (k) The parties memorialize their acceptance of this agreement, and intending to be legally bound by the terms of this agreement affix their signatures hereunder. GREGORY S. HAZLETT ATTORNEY AT LAW IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. Robert Dewalt Date APR 1 5 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ROBERT DEWALT, : Plaintiff, : : No. 03-6563 : Civil Action - Custody ELORIA ROMO : Defendant : ORDER OF COURT AND NOW, this ~, day of ~ , 2004, upon presentation of the foregoing Stipulation For Entry of an Agreed Order of Custody, executed by and between Robert Dewalt, (father) and Eioria Romo, (mother). IT IS ORDERED THAT: (a) This agreement shall replace all any and all other previous Orders issued by this or any other Court relating to the Custody of the aforementioned child. 1. The Father shall have PRIMARY PHYSICAL CUSTODY of the Child. 2. The parties shall have SHARED LEGAL CUSTODY of the Child. 3. The Mother shall have pARTIAL PHYSICAL CUSTODY as ontlined hereinafter. 4. Mother shall have Custody of the child for (2) consecutive weeks during the child's summer vacation to be chosen by mother as her schedule shall allow. 5. Father shall have Custody of the Child for (2) consecutive weeks during the summer vacati°n pr°vided it does not conflict with mothers two week period. 6. The mother shall have additional periods of custody if and when she visits the Commonwealth of Pennsylvania as the parties may agree. 7. Father shall have Primary Physical custody of the child; at all other times that mother does not have custody of the child pursuant to the terms of this agreement. 8. The maternal grand-mother shall be entitled to visitation with the child as both the father's and grandmother's schedule will allow. (a) The holidays shall be divided as the parties may agree. (b) The transportation of the child to the mother each summer for her two week period of custody with child shall be paid for by father and shall consist of a Round-Trip plane ticket. (c) To implement this agreement father shall pay the expense to initially retrieve the child from the State of California. (d) Father agrees to contact mother and the child's sisters twice per month by way of telephone and talk for no less than fifteen minutes per call. (e) Father shall provide to mother copies of the child's report cards and pictures as they become available to him from the school. (f) In the event father dies or becomes incapacitated and unable to care for the child mother shall then receive Primary Physical custody of the child. (g) Father agrees not to file a child support claim against the mother for the support of the child. (h) Father shall arrange meetings between Coda, brother and Esai for the purpose of maintaining a family connection. (i) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is exeeuted between the parties. 0) The parties can agree to expand the levels of custody beyond what is provided within the framework of this agreement as they may mutually agree from time to time. Neither party shall restrict the other party's periods of custody as outlined within this agreement unless BOTH parties verbally agree to such a restriction. Notwithstanding, the verbal agreement of BOTH palsies to periods of less custody, than provided within this agreement the party agreeing to less custody shall be entitled to rescind, such agreement at any time after consent has been given and insist that the terms, conditions, and restrictions contained within this agreement as to periods of custody be enforced as they are presented within the agreement.