HomeMy WebLinkAbout08-6199CHRISTIAN JOSE RODRIGUEZ,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08- (,1 " CIVIL TERM
JESSICA ANNE SMITH,
Defendant CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is Christian Jose Rodriguez (hereinafter "Father"). Father resides at Cedar
Run Drive, Apt 2203D, Camp Hill, Cumberland County, Pennsylvania 17011.
2. Defendant is Jessica Anne Smith (hereinafter "Mother"). Mother resides at 101 South
Enola Drive, Enola, Cumberland County, Pennsylvania 17025.
3. Father seeks periods of partial custody of the minor child:
Name Present Residence Age
Nevaeh Smith-Rodriguez 101 South Enola Drive 9.10.06 DOB, 2 years old
Enola, PA
Nevaeh was born out of wedlock.
Nevaeh is presently in the custody of Mother.
During her lifetime, Nevaeh has resided with the following persons and at the following
addresses:
Name Address Date
Jessica Smith 101 South Enola Dr. birth - present
Cindy Smith Enola, PA
Leslie Smith
Jeannine Smith
Jordan Smith
Mikayla Smith
Jenia Smith
Jason Smith
Joey Smith
Jeffrey Smith
Janessa Smith
The parties are no longer in a relationship.
4. Mother resides with the following persons:
Name Relationship
Cindy Smith Maternal Grandmother
Leslie Smith Maternal Grandfather
Jeannine Smith Mother's sister
Jordan Smith Mother's nephew
Mikayla Smith Mother's niece
Jenia Smith Mother's niece
Jason Smith Mother's brother
Joey Smith Mother's brother
Jeffrey Smith Mother's brother
Janessa Smith Mother's sister
Nevaeh Smith-Rodriguez Child with Christian Rodriguez
5. Father currently resides with the following persons:
Name Relationship
Michelle Medina Girlfriend
Yarelys Rodriguez Child with Michelle Medina
Yaryel Duran Girlfriend's son
6. Father has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of Nevaeh in this or another court.
7. Father has no information of a current custody proceeding concerning Nevaeh pending
in a court of this Commonwealth.
8. Father does not know of a person not a party to the proceedings who has physical
custody of Nevaeh or claims to have custody or visitation rights with respect to Nevaeh.
9. The best interest and permanent welfare of Nevaeh will be served by granting the
relief requested for reasons including, but not limited to the following:
a) Despite the end of the relationship between Father and Mother, Father has
tried to maintain contact with Nevaeh and develop a father/daughter
relationship with her.
b) When Father did not have transportation available, he would walk or bike
from Camp Hill to Enola in order to visit Nevaeh and spend time with her
developing their relationship.
c) Father lives with his girlfriend, her son and their daughter in a home that is a
safe and nurturing environment in which to exercise periods of partial custody
with Nevaeh.
d) Father is willing and able to care for Nevaeh during periods of partial custody
and he is committed to establishing and nurturing a healthy father/daughter
relationship with her.
e) Father is willing to work with Mother to co-parent Nevaeh and will
communicate with Mother to best serve Nevaeh's interests.
f) Mother is not acting in Nevaeh's best interest in ways including but not
limited to the following:
i) Mother is arbitrary in deciding when Father can visit with Nevaeh.
ii) Mother does not allow Father to have Nevaeh for periods of one-
on-one time but does not have a reasonable explanation for
prohibiting independent visits between Father and Nevaeh.
iii) Mother limits Father's visits to taking place at her residence.
During those visits, Father is overwhelmed by the interference of
Mother and her extended family. As a result, Father does not
actually have time to bond with or actively parent Nevaeh.
iv) Mother has deliberately acted in a manner to interfere with, if not
prohibit, Father from establishing his relationship with Nevaeh.
11. Every person with rights to custody or having actual physical custody of Nevaeh has
been named as parties to this action.
WHEREFORE, Father requests this Court to grant him the following relief:
1) Grant the parties shared legal custody of Nevaeh.
2) Grant Mother primary physical custody of Nevaeh.
3) Grant Father periods of partial custody with Nevaeh.
4) Establish a holiday schedule to ensure that both parents are able
to celebrate with Nevaeh.
5) Grant the non-custodial parent reasonable telephone contact with
Nevaeh when she is in the custody of the other parent.
6) Any further relief that this Court finds to be just and proper.
Res ly submitted,
Je c H st, Esquire
Mid Penn Legal Services
401 East Louther Street
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
The above-named PLAINTIFF, CHRISTIAN JOSE RODRIGUEZ,
verifies that the statements made in the above COMPLAINT FOR
CUSTODY are true and correct. Plaintiff understands that false
statements herein are made subject to the penalties of 18 Pa.
C.S. §4904, relating to unsworn falsification to authorities.
Date: /® • 17. U
Christian Jose Rodriguez
CHRISTIAN JOSE RODRIGUEZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08- qq CIVIL TERM
JESSICA ANNE SMITH,
Defendant CUSTODY
AFFIDAVIT OF SERVICE BY MAIL
I, Jessica Holst, do hereby swear that I served Jessica Anne Smith with a Complaint For
Custody on &.hliy 11 , 2008 by certified mail, return receipt, restricted delivery, to the
person and addresses below:
Jessica Anne Smith
101 South Enola Drive
Enola, PA 17025
Date: tD • 11. O y
Signature:
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CHRISTIAN JOSE RODRIGUEZ,
Plaintiff
V.
JESSICA ANNE SMITH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08- jp Q CIVIL TERM
Defendant : CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow; Christian Jose Rodriguez, Plaintiff, to proceed in forma au ris.
I, Jessica Holst, attorney for the party proceeding in forma 12auperis, certify that I believe
the party is unable to pay the costs and that I am providing free legal services to the party.
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Jes 1st, Esquire
Mi enn Legal Services
401 East Louther Street
Carlisle, PA 17013
(717) 243-9400
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CHRISTIAN JHOSE RODRIGUEZ IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JESSICA ANNE SMITH
DEFENDANT
2008-6199 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, October 23, 2008 , 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 Friday, November 14, 2008 at 10:00 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. 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: Is/ 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 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
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CHRISTIAN JOSE RODRIGUEZ IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2008-6199 CIVIL ACTION LAW
JESSICA ANNE SMITH
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this z s-- day of r.9oyt? , 2008, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Father, Christian J. Rodriguez, and the Mother, Jessica A. Smith, shall have shared
legal custody of Nevaeh Smith-Rodriguez, born September 10, 2006. Major decisions concerning the
Child including, but not necessarily limited to, her health, welfare, education, religious training and
upbringing shall be made jointly by the parties after discussion and consultation with a view toward
obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the
other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the
affections of the Child from the other party. Each party shall notify the other of any activity or
circumstance concerning the Child that could reasonably be expected to be of concern to the other.
Day to day decisions shall be the responsibility of the parent then having physical custody. With
regard to any emergency decisions which must be made, the parent having physical custody of the
Child at the time of the emergency shall be permitted to make any immediate decisions necessitated
thereby. However, that parent shall inform the other of the emergency and consult with him or her as
soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and
full information from any doctor, dentist, teacher, professional or authority and to have copies of any
reports or information given to either party as a parent as authorized by statute.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child every week from Wednesday at
5:00 p.m. through Thursday at 6:00 p.m. and on Sunday from 11:00 a.m. until 6:00 p.m. The Father's
periods of partial custody shall begin on Sunday, November 16, 2008.
4. The parties shall share having custody of the Child on holidays as follows:
A. Thanksgiving: The Father shall have custody of the Child on Thanksgiving Day
until 4:00 p.m. and the Mother shall have custody from 4:00 p.m. until the following Sunday, at the
beginning of the Father's next regular period of custody.
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B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run
from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall
run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years,
the Father shall have custody of the Child during Segment A and the Mother shall have custody during
Segment B. In odd-numbered years, the Mother shall have custody of the Child during Segment A and
the Father shall have custody during Segment B.
C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the
Child on Mother's Day and the Father shall have custody on Father's Day, with the specific times to be
arranged by agreement between the parties.
D. Remaining Holidays: The parties shall share having custody of the Child on the
remaining holidays as arranged by agreement.
E. The Holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
5. Each party shall be entitled to have summer vacation periods of custody with the Child as
arranged by agreement.
6. The Father shall be responsible to provide all transportation for exchanges of custody unless
otherwise agreed between the parties.
7. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
8. This Order is entered pursuant to an agreement of the parties at 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.
BY THE COURT,
cc: Jessica Holst, Esquire - Counsel for Father
Jessica A. Smith - Mother
CHRISTIAN JOSE RODRIGUEZ IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2008-6199 CIVIL ACTION LAW
JESSICA ANNE SMITH
Defendant IN 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 Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Nevaeh Smith-Rodriguez September 10, 2006 Mother
2. A custody conciliation conference was held on November 14, 2008, with the following
individuals in attendance: the Father, Christian J. Rodriguez, with his counsel, Jessica Holst, Esquire,
and the Mother, Jessica A. Smith, who is not represented by counsel in this matter.
3. The parties agreed to entry of an Order in the form as attached. J 00 Date Dawn S. Sunday, Esquire
Custody Conciliator