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HomeMy WebLinkAbout01-2268KRISTIE L. GONZALES; Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. VS. CIVIL ACTION - LAW PEDRO R. GONZALES, JR. Defendant : CUSTODY NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the document or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. As provided by Pennsylvania Rules of Civil Procedure No. 1018.1, the following officer is designated to be named in the Notice to Defend in order to find out where legal help can be obtained. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KRISTIE L, GONZALES; Plaintiff VS, PEDRO R. GONZALES, JR. Defendant CIVIL ACTION - LAW : CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Kristie L. Gonzales, by and through her attorneys, David R. Getz, Esquire and Wix, Wenger & Weidner, P.C., and files the within Complaint for Custody against the Defendant, Pedro R. Gonzales, Jr., averring as follows: 1. The Plaintiff, Kristie L. Gonzales, is an adult individual who currently resides at 504 Springhouse Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Pedro R. Gonzales, Jr., is an adult individual who currently resides at 2311 North Front Street, Apt. 821, Harrisburg, Dauphin County, Pennsylvania 17110. 3. Plaintiff seeks legal custody and primary physical custody of the minor children, Jonathan A. Gonzales, who was born on June 12, 1990, Amada M. Gonzales, who was born on February 28, 1992 and Madison A. Gonzales, who was born on August 14, 1997. 4.The children were born of the marriage of the parties. 5. The children are presently in the legal and physical custody of their mother, the Plaintiff, Kristie L. Gonzales who resides at 504 Springhouse Road, Camp Hill, Pennsylvania 17011. Defendant has visitation rights based on an informal agreement between the parties. Since their bidh, the children have resided with the following people at the following addresses: NAME (S) Kristie L. Gonzales, Pedro R. Gonzales, Jr., and Karen H. and Ralph H. Hardy (maternal (3randparents) Kristie L. Gonzales and Pedro R. Gonzales, Jr. Kristie L, Gonzales, Pedro R. Gonzales, Jr., and Karen H. and Ralph H. Hardy (maternal grandparents) Kristie L. Gonzales and Pedro R. Gonzales, Jr. Kristie L. Gonzales ADDRESS 707 Barbara Street New Cumberland, PA 17070 #28 Saratoga Briarcrest Gardens Hershey, PA 17033 504 Springhouse Road Camp Hill, PA 17011 504 Springhouse Road Camp Hill, PA 17011 504 Springhouse Road Camp Hill, PA 17011 DATES June 12, 1990 to November, 1990 November, 1990 to July 31, 1991 August 1, 1991 to April 30, 1996 May 1, 1996 to November 3, 2000 November 4, 2000 to present 10, The mother of the children, Kristie L. Gonzales, who currently resides at 504 Springhouse Road, Camp Hill, Pennsylvania, 17011, is married to, but separated from the Defendant. The father of the child, Pedro R. Gonzales, Jr., who currently resides at 2311 North Front Street, Apt. 821, Harrisburg, Pennsylvania, 17110, is married to but separated from the Plaintiff. The relationship of the Plaintiff to the children is that of mother. Plaintiff currently resides only with the minor children. The relationship of the Defendant to the children is that of father. The Plaintiff believes and therefore avers that the Defendant lives alone in an apartment. 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 12. The Plaintiff has no information of custody proceeding concerning the custody of the children pending in any court in this Commonwealth or elsewhere. 13. The Plaintiff does not know of a person not a party to the proceedings that has physical custody of the children or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the children will be served by granting the relief requested because the Plaintiff is best able to provide the necessary care and affection for the children. The Plaintiff is best able to provide for the care and maintenance of the children because the Plaintiff has been the primary, and often sole, caretaker of the children for almost their entire lives. Additionally, the Plaintiff has the help of the Plaintiff's family in the area and the Plaintiff can best provide a stable home for the children. 15. Each parent whose parental rights to the children have not been terminated and the person who presently has physical custody of the children have been named as parties to this action. There are no other persons who the Plaintiff knows to have any claim or right to custody or visitation of the children. WHEREFORE, Plaintiff, Kristie L. Gonzales, respectfully requests this Honorable Court to grant her sole legal custody and primary physical custody of the minor children with reasonable visitation rights to the Defendant, and to grant such further relief as this Court deems just and appropriate, Respectfully Submitted, WIX, WENGER & WEIDNER By: , : D a E I.D. #34838 508 North Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Plaintiff Date: April 12, 2001 F:\drg~3196 - Gonzales, Kristie L\I 1127 - Domestic Relations,Documents\Custody Complaint,doc COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KRISTIE L. GONZALES, Plaintiff VS, PEDRO R. GONZALES, JR. Defendant NO, CIVIL AGTION- LAW CUSTODY VFRIFICATION I, Kristie L. Gonzales, Plaintiff in the foregoing Custody Complaint, have read the said Custody Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S,A. Section 4904, relating to unsworn falsification to authorities. Kristie L. Gonzales COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KRISTIE L. GONZALES; Plaintiff VS. PEDRO R. GONZALES, JR. Defendant NO. 01-2268 CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF SERVICE I, Karen S. Carter, Secretary in the law firm of Wix, Wenger, & Weidner, P.C., hereby certify that on April 20, 2001, I sent a true and correct copy of the Complaint for Custody, properly endorsed, to Defendant, Pedro R. Gonzales, Jr., by Certified Mail, Restricted Delivery, No. 7099 3400 0002 2086 9111, postage prepaid, restricted delivery, return receipt requested, to 2311 North Front Street, Apt. 821, Harrisburg, PA 17110, the Defendant's last known address; and that the Defendant received the Complaint in Divorce on April 23, 2001, pursuant to the return receipt card, which is attached hereto and marked Exhibit A. WiX, WENGER & WEIDNER Attorneys for Plaintiff By: ~ ~ Karen S. Carter ~ Legal Secretary 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Sworn to and subscribed before me this 8th, day of May, 2001. Notary Public My Commission Expires: (SEAL) NOTARIAL SEAL LiSA R. ROWE. Notary Public City of Harrisburg, Dauphin County My Cornmi~,~ion Expir~ Ju~y12. 2001 SENDER: I atso w~$h to rec~i~,e the foltow- D cc~ndlete items 1 and/or 2 for add, it onal ae~icee. · ' * ing services (for an extra fee): Compile items 3, 4a. and 4b. can~ to you. . . 1. [~ Ad~lreseee's Address ~it. 2.~ Restricted Delivery 3. Article Addressed to:' 4a. A~ticle Number ~ ~to n~.~So~~, ~t. ?o~ ,~'~/~ o~o~ ~ ~: ) //~0fCh . J',~ I [] R~ist~red , J~ /7/~ ~ Express Mall C]lnsured [] RetumRecelptforMerchandise F-ICOD 7. Date of Delivery PS Form 3811, Decemi~ 1 ~4 fee ia paid) l~-~e~-ee.e-~3 Dl~e~estlc Return Recet~ EXHIBIT "A" KRISTIE L. GONZALES, Plaintiff PEDRO R. GONZALES, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-2268 Civil Term : : CIVIL ACTION - LAW : CUSTODY CUSTODY STIPULATION AGREEMENT AND NOW, come the Plaintiff, KRISTIE L. GONZALES (the "Mother") and the Defendant, PEDRO R. GONZALES, JR. (the "Father"), the parents of their minor children, Jonathan A. Gonzales (born on June 12, 1990), Amada M. Gonzales (born on February 28, 1992), and Madison A. Gonzales (born on August 14, 1997) (hereinafter referred to collectively as the "Children") and agree to the following parenting plan for the custody of the said Children (the "Agreement"): 1. Mother is represented in this Agreement by David R. Getz, Esquire of Wix, Wenger & Weidner, 508 North Second Street, Harrisburg, Pennsylvania 17101, who has encouraged and advised Father to retain legal counsel. Father has knowingly and voluntarily chosen not to retain counsel. Each party acknowledges that she or he has read this Agreement, has been afforded sufficient time to discuss this Agreement with counsel, fully understands the facts, and has had the opportunity to be fully informed as to her or his legal rights and obligations by counsel. Each party acknowledges and agrees that this Agreement is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. 2. Mother shall have legal custody of the Children as that term is defined in Pennsylvania law. 3. Mother shall have primary physical custody of the said Children, who shall reside with Mother. The parties agree that Father shall have visitation with the Children based on the following schedule: a. Every other weekend beginning with May 25 through 27, 2001, which shall be Father's weekend, Father shall pick up the Children at Mother's residence on Friday at 6:00 p.m. and shall deliver the Children back to Mother's residence on Sunday at 6:00 p.m. This schedule is subject to change upon mutual agreement because of Mother and Father's pre- scheduled trips and work schedules. b. Because of Mother's night school schedule, Father shall pick up the Children at Mother's residence at 5:30 p.m. on the following dates and shall deliver them back to Mother's home at 8:30 p.m.: May 30, 2001 June 13, 2001 June 27, 2001 August6,2001 August20,2001 June 4, 2001 June 18, 2001 July11,2001 August8,2001 August22,2001 June 6, 2001 June 20,2001 July16,2001 August13,2001August15,2001 August 27, 2001 August 29, 2001 June 11,2001 June 25,2001 August1,2001 These dates are subject to change due to Father's travel and work schedule. Father shall give Mother reasonable notice of at least five (5) days if his travel or work schedule changes. c. During the school year, Father shall pick up the Children one week night per week on a day to be agreed upon by the parties at Mother's residence at 6:00 p.m. return the Children to Mother's residence at 8:30 p.m. d. Such other times as the parties shall mutually agree. 5. Father shall not remove the Children from the Commonwealth of Pennsylvania without written authorization signed by Mother and Father stating the destination and the dates that the Children will be outside of the Commonwealth of Pennsylvania. 6. The Children shall be with the Mother on Mother's Day and with the Father on Father's Day, regardless of the weekend visitation schedule. 7. Children shall be with Mother on Memorial Day and the Fourth of July of every year and with Father on Labor Day of every year. In the year 2001, the Children shall be with Father on Thanksgiving from 6:00 p.m. on the day before Thanksgiving until 8:30 p.m. on Thanksgiving evening. Also in the year 2001, the Children shall be with Mother on Christmas from 6:00 p.m. on Christmas Eve until 8:30 p.m. on Christmas Day. The schedule for Thanksgiving and Christmas shall alternate each year. 8. Each parent shall encourage the Children to comply with this Agreement. Both parents shall refrain from making derogatory comments about the other parent in the presence of the Children and shall foster in the Children a positive view of the other parent. 9. The parties may mutually decide different time arrangements other than those provided for in this Agreement. Nothing in this Agreement is understood to limit or restrict the ability of the parties to mutually agree on alternative visitation arrangements. If for any reason the parties cannot agree, the terms of this Agreement will be followed. 10.The parties shall have reasonable telephone contact with the Children when they are with the other parent. 11. During any period of custody or visitation, the parties shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, or subject the Children to any unlawful activities. To the 3 extent of their abilities, the parties shall assure that other household members and/or houseguests comply with this prohibition. Should the Children or any of them become concerned because of activities of the parent the Children are with, the Children or any of them may call the other parent to pick up the Children and take them to the other parent's home. 12. The parties further agree to, and do hereby submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania for purposes of the instant matter, and that the Commonwealth of Pennsylvania shall be the "home state" of the children for all purposes. 13. The parties agree that this Agreement will be made an Order of the Court and that Mother will submit this Agreement to the Cumberland County Court of Common Pleas. 14.The parties agree that Mother shall claim the Children as a dependent on her tax returns. 15. THE PARTIES ACKNOWLEDGE THAT A VIOLATION OF THIS AGREEMENT, WHEN ENTERED AS AN ORDER OF COURT, MAY RESULT IN CIVIL AND CRIMINAL PENALTIES INCLUDING PROSECUTION PURSUANT TO SECTION 2904 OF THE PENNSYLVANIA CRIMES CODE REGARDING INTERFERENCE WITH CUSTODY OF CHILDREN. [Left Intentionally Blank] We agree to abide by this Agreement, which we adopt this :;~,'7~ day of 2001. We further agree to submit this Agreement to the Court of Common Pleas of Cumberland County, or any other court having competent jurisdiction over the matter, to be formalized into an Order of Court. WITNESS: WITNESS: Dated:i~/,,x~ ,,2~ PedroR. Go ~ F:\drg~196 - Gonzales, Kdstie L\I 1127 - Domestic Relations\Documents\Custcdy Stipulation.doc 6/5/01 5 KRISTIE L. GONZALES, Plaintiff PEDRO R. GONZALES, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-2268 Civil Term : : CIVIL ACTION - LAW : CUSTODY ANDNOW, this,~ dayof ~ ,2001, upon consideration of the Custody Stipulation Agreement entered into by Kristie L. Gonzales and Pedro R. Gonzales, Jr., it is hereby Ordered that Kristie L. Gonzales shall have legal custody of the minor children, Jonathan A. Gonzales, Amanda M. Gonzales and Madison A. Gonzales. Further, Kristie L. Gonzales shall have primary physical custody of the minor children. Pedro R. Gonzales, Jr. shall have visitation with the minor children as set forth in the attached Custody Stipulation Agreement. All other provisions of the Custody Stipulation Agreement are hereby confirmed by the Court and incorporated by reference into this Order.