Loading...
HomeMy WebLinkAbout08-1740MICHAEL A. GOVEA, DOMONIQUE N. GOVEA, ROBERT A. TRUTT, JR, and DONNA TRUTT, Plaintiffs vs. ELORIA A. ROMO-DEWALT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 0 Y- IT/0 : ACTION IN CUSTODY CUSTODY COMPLAINT Civil Term 1. Plaintiffs are Domonique N. Govea, Michael A. Govea, Robert A. Trutt, Jr. and Donna Trutt. 2. Defendant is Eloria A. Romo-Dewalt, (hereinafter referred to as "Mother"). Her current address is unknown. Her last known address was 1855 E. Riverside Dr., Ontario, California, 91761. 3. Defendant is the Mother of the following children: NAME DOB/AGE Natalia Romo 10/9/04(3) Isabel Romo 6/1/03(4) 4. Plaintiffs, Domonique N. Govea and Michael A. Govea, live at 133 Porter Avenue, Carlisle, Pa. 17013. They are the sister and brother-in-law of the defendant, and they are in loco parentis with respect to the child, Natalia Romo. 5. Plaintiffs, Donna Trutt and Robert A. Trutt, Jr. live at 151 N. Middleton Road, Carlisle, Pa. 17013. They are the mother and step-father of the defendant, and they are in loco parentis with respect to the child, Isabel Romo. 6. The identity of the father or fathers of these children is unknown. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Eloria A. Romo-Dewalt Eloria A. Romo-Dewalt Cheryl Webster, aunt Middletown, Pa 1855 E. Riverside Dr Ontario, Ca. 91761 Yucca Valley, CA June 03 - Sept. 03 Sept. 03 - Oct. 04 Oct. 04 - Aug. 05. From August 5, 2005, to the present, Natalia Romo has lived at the following address with the following persons: Domonique N. Govea, maternal aunt 133 Porter Ave. Michael A. Govea, uncle Carlisle, Pa. 17013 Antonio S. Govea, cousin, (age 3) From August 5, 2005, to the present, Isabel Romo has lived at the following address with the following persons: Donna Trutt, grandmother Robert A. Trutt, Jr. Desiree Shellehamer, (17) 151 N. Middleton Road Carlisle, Pa. 17013 The mother of the child is Eloria A. Romo-Dewalt. Her current address is unknown. Her last known address was 1855 E. Riverside Dr., Ontario, California, 91761. The identity of the father or fathers of the children is unknown. 7. The relationship of plaintiffs Dominque N. Govea and Michael A. Govea to the children is that of aunt and uncle. Plaintiffs live with their son, Antonio S. Govea, as well as Natalia Romo. The relationship of plaintiffs Donna Trutt and Robert A. Trutt, Jr. to the children is that of grandparents. Plaintiff live with grandmother's daughter, Desiree Shellehamer, age 17, as well as Isabel Romo. 8. The relationship of defendant to the child is that of Mother. The defendant's current address is unknown. 9. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiffs do not know of another party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child, other than as mentioned in this custody complaint. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: Mother has had a history of mental health issues and was unstable. Shortly after she gave birth to Natalia Romo in 2004, she voluntarily gave custody of both children to her maternal aunt. Cheryl Webster, who lived in Yucca Valley, California. In August 2005. Cheryl Webster indicated she could no longer take care of the children. Mother was not willing to resume custody. On August 5. 2005. Plaintiffs went to California where all parties agreed that maternal grandmother would assume custody of Isabel Romo and aunt would assume custody of Natalia Romo. They have maintained custody of the children in Cumberland County since that time. Mother has since disappeared and never disclosed the father's identity. Plaintiffs are seeking a custody order confirming that they have legal and physical custody due to their in loco parentis status. Plaintiffs would like to cover the children on their health insurance and need to eventually enroll the children in school. Plaintiffs also need a custody order confirming their status in the event that there are any medical issues or emergencies which would arise. This would be in the best interest of the children because it would ensure the children's health and stability. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action except as follows: Father has not been named a party to this action because his identity is unknown. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the children. Respectfully submitted, Date: I V U alka, Ja Adams, Esquire I.D. 0.79465 17 South St. C rl' le, Pa. 17013 (7 ) 245-8508 ATTORNEY FOR PLAINTIFFS VERIFICATION I verify that the statements made in this Custody 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 unsworn falsification to authorities. Date: Date: c ael k Govea, PWth iff ih VERIFICATION I verify that the statements made in this Custody 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 unsworn falsification to authorities. Date: ° Robert A. Trutt, Jr., Plaintiff Date: 23 ?/ 4?'/V'Y AAAOL? -?? ?' Donna Trutt, Plaintiff ? c? O , b f r fT 1 MICHAEL A. GOVEA, DOMONIQUE N. IN THE COURT OF COMMON PLEAS OF GOVEA, ROBERT A. TRUTT, JR. AND DONNA TRUTT PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1740 CIVIL ACTION LAW ELORIA A. ROMO-DEWALT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 25, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, April 14, 2008 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. 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/ , john J. Mangan, k, Esq. v u? i 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4w € i ?_? E ? 9z 8vw goon ob MICHAEL A. GOVEA, DOMONIQUE N. GOVEA, ROBERT A. TRUTT, JR. and DONNA TRUTT Plaintiffs V. ELORIA A. ROMO-DEWALT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-1740 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this day of April 2008, upon consideration of the attached Custody Conciliation Repo , it is ordered and directed that: Legal Custody: a. Michael A. Govea and Domonique N. Govea shall enjoy sole legal custody of the minor Child, Natalia Romo, born 10/9/2004. Michael A. Govea and Domonique N. Govea shall have the exclusive right to make all major 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, Michael A. Govea and Domonique N. Govea shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records. b. Robert A. Trutt, Jr. and Donna Trutt shall enjoy sole legal custody of the minor Child, Isabel Romo, born 6/1/2003. Robert A. Trutt, Jr. and Donna Trutt shall have the exclusive right to make all major 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, Robert A. Trutt, Jr. and Donna Trutt shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records. 2. Physical Custody: a. Michael A. Govea and Domonique N. Govea shall enjoy primary physical custody of the minor Child, Natalia Romo, born 10/9/2004. b. Robert A. Trutt, Jr. and Donna Trutt shall enjoy primary physical custody of the minor Child, Isabel Romo, born 6/1/2003. c. Mother shall have visits and contact with the subject Children upon mutual agreement of the parties. In the absence of agreement, the parties may petition this Court for a modification of custody. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 4. When, or if, Mother presents herself to assert custodial rights to her Children, Mother shall not be precluded from having the right to Petition this Court to Modify this custody arrangement. Cc."'J??nne Adams, Esq. ?Eloi% A. Romo-Dewalt, 1855 East Riverside Drive, Ontario, California 91761 &4'ohn Mangan, Esq. ,if I ?-S M.'a , LL ?,.,. ?? -- - ?=?- t. ? . e'" `? ? . ,5 - ?. i';: M dui ,? ?_ FL-- °`:' ?.:? ?' ?..} c-? MICHAEL A. GOVEA, DOMONIQUE N. GOVEA, ROBERT A. TRUTT, JR. and DONNA TRUTT Plaintiffs V. ELORIA A. ROMO-DEWALT Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1740 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation are as follows: Name Date of Birth Currently in the Custody of Natalia Romo 10/9/2004 Michael Govea and Dominque Govea Isabel Romo 6/1/2003 Robert A. Trutt, Jr. and Donna Trutt 2. A Conciliation Conference was held on April 14, 2008 with the following individuals in attendance: The Plaintiffs Michael A. Govea, Domonique N. Govea, Robert A. Trutt, Jr. and Donna Trutt, with their counsel, Jane Adams, Esquire The Mother, Eloria A. Romo-Dewalt, did not appear The Father(s) are unknown and did not appear Plaintiffs Domonique Govea and Michael Govea live in Carlisle, Cumberland County PA and are the sister and brother in law of the Defendant Mother and are in loco parentis with respect to the Child Natalia Romo. 4. Plaintiffs Robert A. Trutt, Jr. and Donna Trutt live in Carlisle, Cumberland County PA and are the mother and step-father of the Defendant Mother and are in loco-parentis with respect to the Child Isabel Romo. 5. The Father(s) of the subject Children are unknown and no Father is listed on the Children's birth certificates. 6. In October of 2004, Mother informally relinquished custody of the Children to a maternal aunt in California and said aunt had informal custody of the Children until August of 2005, at which point she was no longer able to care for the Children. Mother was allegedly unwilling to resume custody. 7. In August of 2005, Plaintiffs went to California and brought the subject Children to this jurisdiction. 8. Since August of 2005, Plaintiffs Domonique and Michael Govea have informally solely cared for Natalia Romo and Plaintiffs Donna and Robert Trutt, Jr. have informally solely cared for Isabel Romo. 9. The two Plaintiff families have an excellent relationship and live within five miles of one another. Michael Govea and Robert Trutt, Jr. are employed by the same company. The two subject Children spend an extensive amount of time with one another and always attend family gatherings and holidays together. 10. Mother last was in contact with Plaintiffs in approximately June of 2006 via a telephone call. Mother has not had any contact with the Plaintiffs nor Children since that point. 11. Plaintiffs indicate that they do not have a current address or telephone number for Mother. Plaintiffs have filed a missing person report in California and still Mother has not been located. 12. Plaintiffs indicate that it is their desire for Mother to be in contact with them and the subject Children under agreed upon circumstances. 13. Plaintiffs are seeking a custody Order confirming that they have legal and physical custody of the Children in order for Plaintiffs to have health insurance for the Children, have the authority to make decisions regarding medical issues and enroll the Children in school. 14. The best interest of the Children would be served by ordering primary physical custody and legal custody to Plaintiffs. 15. The Custody Conciliator recommends the entry of an Order in the form as attached. Date: John M an, squire Cust.y C nciliator