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HomeMy WebLinkAbout01-2973IDELISA POLIDURA and LEEZUED RODRIQUEZ, Plaintiffs VS. JACQUEI JNE GONZALEZ, : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. al- ;~,~7.3 ~ ~'~' : CIVIL ACTION - AT LAW : CUSTODY COM~I ,~INT IN CII,~TOD~~. A~D NOW, the Plaintiffs, Idelisa Polidura and Leezuod Rodriquez~ by and through their attorney, Jeann6 B. Costopoulos, Esquire, make the following Complaim in Custody: 1. The Plaintiff, Idelisa Polidura, is an adult individual who currently resides at 168 Bleeeker Street I-R, Brooklyn, NY 11221. The Plaintiff, Leezued Rodriquez, is an adult individual who currently resides at 724 Cumberland Point Circle, Meehanicsburg, Cumberland County, Pennsylvania, 17055. The Defendant, Jaequeline Gonzalez, is an adult: individual, who currently resides at 1615 Matthew Drive, Camp Hill, Cumberland C~3unty, Pennsylvania, 17011. The Plaintiffs seeks partial custody and/or visitation of the following children: Thomas V. Valle Ashley I. Valle 1615 Matthew Drive Camp Hill, PA 17011 1615 Matthew Drive Camp Hill, PA 17011 (DOB 1/8/1990) (DOB 12/22/1992) The children, Thomas V. Valle and Ashley I. Valley (the chilchen hereinaf~), are presently in the cuslody of their mother, Jaequeline Gonzalez, who resides al; 1615 Matthew Drive, Camp Hill, Cumberland County, P~nsylvania 17011. For the past five years, the children resided with the following persons and at the following addresses: Name ~ Dut~ 1615 Matthew Drive 1999 to present Jacqueline Gonzalez Camp Hill, PA 17011 4 Dulles Drive West, Apt 6g Camp Hill, PA 17011 Jacqueline Gonzalez 1997-1999 1992-1997 Jac, queline Gonzalez & Thomas Valle 2816 Butler Avenue Harrisburg, PA The natural father of the childmo is Thomas Valle, deceased 4/26/2001. Plaintiff Idelisa Polidura who resides at 168 Bleecker Sm~et l-R, Brooklyn, NY, 11221, is the mother of Thomas Valle. Plaintiff Leezued Rodriquez, who resides at 724 Cuml~fland Point Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055, is the common law wife of Thomas Valle. The childmm were not bom out of wedlock. 5. The relationship of the Plaintiff Idelisa Polidum to the children is that of natural paternal grandmother. The relationship of PlaintiffLeezued Rodriquez the chihtren is that of step-mother. The relationship of Defendant to the child~n is that of natural mother. 6. Plaintiffs have not participated as a party or wim,~s, or in anoflaer capacity, in other litigation concerning the custody of the children in this or anothex court. However, the Defendant was a parff in litigation concerning custody of the children at Ctmaberland County Common Pleas docket no. 98-5788. A true and correct copy of the Order of Court dated August 14, 2000, is attached as Exhibit A. 7. Plaintiff does not know of a person not a party to 'the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 8. The best inlerests and permanent welfare of the children will be served by granting the relief requested because: (a) Plaintiff Idelisa Polidum is the natural p,~emal grandmother of the child and has established strong family ties with tho children. (b) Leezued Rodrigquez is the step-motho; of the children and has played a major role in the children's parenting dining the last several years. (c) Plaintiffs have established way dose relationships and bonds with the (d) (e) children. Plaintiffs desire to continue enjoying the love and affection of the children. The children should be permitted to enjoy the love, affection, and emotional support which has been provided by their paternal grandmother and step- (f) mother. The natural mother, Defendant, has not given adequate assurances that Plaintiffs and other paternal relatives will have regular contact with the children. It is in the children's best interests for their paternal extended family to be a part of their lives. 9. Each patent whose parental fights to the children have not been teaminated and the person who has physical custody of the children have been named as parties to this action. No other pemons arc known to have or claim a fight to custody or visitalion of the children to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiffs respectfully requests this Honorable Court to enter an order granting to them partial physical custody and visitation of the children. Respectfully submitted, JeannJ Costopoulos, Esquire ATTORNEY FOR PLAllqTIFFS 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 68735 EXHIBIT A THOMAS VALLE, Plaintiff VS. JACQUELINE GONZALEZ-VALLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-5788 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this /'/ ~ day of /'2,.~,.,.~' 20'00, upon consideration of the attached Custody Conciliation R~port, it i~OrCered and (~irected as follows: · ustod ' The Mother shall have primary physical custody of the 1. ~EY~J~. _ .... ~_ ~¢ ,~,~ ,-hildren, Thomas V. Valle, born January children; the Father shall have pama cus~uuy 8, 1990 and Ashley I. Valle, born December 22, 1991. Father shall have partial custody to include every other weekend beginning on Friday at 5:30 PM through Sunday at 7:00 PM. The Father shall also have physical custody from 3:45 PM Tuesday night overnight to Wednesday during the weeks during which Father does not have weekend visitation. Father may exercise additk~nal periods of visitation with the children at such times as the parties may mutually agree. Mother shall provide clothing apparel and other items the children require during visitation with father, provided that said clothing and items are returned with the children at the conclusion of their visit with Father. Both parties shall maintain a safe environment for the children while in their respective care. Custod ' The part es shall share legal custody of the children jointly. 2. ~' · ....... , ;-.,,,ortant dec sions regarding the children, They shall consult w th each otner re alive including such matters as health, education and religion. Therefore, although Mother has primary physical custody of the children and Mother shall have the authority to make routine decisions regarding the welfare of the children, each parent agrees to consult with the other on all non-routine decisions (to be defined as those decisions with a greater than day to day · · imited to, such matters as surgery major medical treatment, and effect, ~nclud~ng, but no.!.l ....... ,-~ ~ ~-.,,-,,,nious n ~ cv calculated to promote the best selection of schools) w~tP. a view ~.o interest of the children. If a dispute arises as to any matters regarding non-routine decisions regarding the children, the Mother, who has primary physical custody of the children, may exercise final determination subject to review by a Court oli Competent Jurisdiction. Each of the parties shall have access to all the children's medical, dental, hospital and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers, and school administrators regarding the chddren health and educational progress. Each of the parties shall be provided with schedules of school events, athletic events when available, or in the alternative, provide two weeks' notice to the other party if such an event is upcoming. In addition, both parents are entitled to portraits and class school pictures. The parties shall make reasonable efforts to communicate regarding the children. 3. Summer Vacation: Both Father and Mother shall be guaranteed one week of exclusive custody of the children during the summer periods. The parties shall notify each other of the dates intended to exercise the vacation period within two weeks prior to exercising the vacation period. Additional periods of partial custody during the summer may be exercised upon agreement of the parties. (A) The parties shall alternate the following holidays: Easter weekend (from Good Friday at 5:30 PM through Easter Sunday at 8:00 PM); Independence Day (from 9:00 AM until 10:00 PM); Halloween Night- or the night scheduled for trick-or-treating (from 5:30 PM until 9:00 PM); Thanksgiving Day (from 9:00 AM until 8:00 PM); Christmas Eve (from December 24th at 12:00 PM through Christmas Day at 12:00 PM); Christmas Day (from December 25th at 12:00 PM until December 26th at 12:00 PM); New Years Eve and Day (from 5:30 PM December 31st through 5:30 PM January 1st); whereby Mother shall have Easter with the children and alternating holidays accordingly thereafter. The sections shall supercede any other section contained in this agreement. The section may be changed or modified upon agreement of both parties. (B) Mother's Day shall be with Mother; Father's Day shall be with Father. This visitation shall be from 9:00 AM Until 5:30 PM. (C) The parties shall share the children's birthdays in as equal amount as possible. (D) The parent with weekend custody of the children which fails on the weekend before Labor Day and/or Memorial Day shall have an extended custodial period of time until 7:00 PM on the holiday instead of returning them on Sunday. 5 ~: The parties agree that transportation to and from the residence shall be shared, the details wh ch can be agreed upon by the parties In the event the parties cannot agree, Father shall pick up the children at Uni-Mart, Erford Road, Camp Hill, at the beginning of his custodial periods, and Mother shall pick up the children at Uni-Mart at the end of father's custodial period. Both parties agree to adhere to all laws and regulations regarding child safety and seatbelts during any transportation of the children. nd Dr s' During any per od of custody or visitation, the parties shall 6. ~'- ..... :~---- -~,all they consume alcoholic beverages not possess or use any con~rolled SUbstance, [~u,~ o. ~ to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and guests comply with this prohibition. 7. ~: In the event of either party's death or significant an,d I,ong,- ,, term disability rendering the person incapable of caring for' the children, then the cusmay sna~l automatically vest to the other party. s and Phone Number of the Parties: Both Father and Mother must keep 8. ~Addre,s ........ ~ ..,~,~ess or chanae of phone number. Any changes in each other informea or any cna~ u, o,~,,, o ' ' address or phone number shall be immediately forwarded, to the other party. 9. Notice of Whereabouts/Illness-: Each party ;agrees to keep the other reasonably informed of thee whereabouts of the children while with the other party. If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the children, he or she shall promptly notify the other party of said circumstances. · , ne Contact with Children: Both part es shall ,h_ave the right to 10. T.T.T_el,epho . . .:,L, ~hHrlr~n d~rina the other party s period of custody or reasonable telephone contacts wiu~ ~, ........ visitation. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to properly return calls or messages left by the other party regarding the children. a in Remarks' Neither Father nor Mother shall make any disparaging 11. Dis ara In r~em~r,.~.. ........ n~ nf the children such as those that might remarks regarding the other parent in me pt~u ....... each parent shall tend to a~ienate the affections of the children toward the other parent. Aisc, inform relatives and friends to also refrain from making any d;isparaging remarks regarding the other parent in the presence of the children. Each party agrees to speak with the other in a civilized manner, not swearing or yelling or engaging in any form of verbally abusive behavior. 12. S~upercedinq the Prior Court Orders_: This Order shall supercede all prior Court Orders, stipulations, or agreements. · em t/Attorneys Fees: Should either party be found in Contempt of Court, the br::c'hing~CCp°:~Y shpall be responsibl~ for all attorneys fee,, incurred by the non-breaching party. 14. ~ Any provisions of th s agreement will be modified or deleted upon mutual consent, agreement of both parties or petit on of the Court for mod fication. 15. ~: The parties shall attend counseling for a minimum of eight sessions at a frequency of every two weeks to focus on coparenting and improvement of their communication. The identified therapist, Carol Cohen, of Guidance Associates of Camp Hill, Pennsylvania, shall provide updates regarding the parties' progress each six weeks. Ms. Cohen shall provide recommendations to the court in the event the parties are continuing to be in conflict with regard to custody and in need of a hearing. The children shall likewise be involved in outpatient therapy for a minimum of four sessions to address the concerns that each party has regarding the children voicing reluctance to return to the non-custodial parent at the end of their visitation for a period of partial custody. Upon conclusion of the counseling through Guidance Associates, if the parties have not reached an agreement either party may, on proper petition to the Court, return to the Custody Conciliator to attempt to resolve their dispute. The parties shall share the cost of the counseling for themselves and the children, equally, following reimbursement from their health insurance carriers. BY THE COURT, TRUE COPY FROM RECORD In Testimony whareot, I here unto set my hand ?,.nd tha seal of said 6our~ at ¢.,~1¢~, Pa. -: ~ /~J~' /~' Prothoflotarf THOMAS VALLE, plaintiff VS, JACQUELINE GONZALEZ-VALLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-5788 CIVIL ACTION - LAW CUSTODY C___USTODY CONCILIATION SUMM~ARY_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 children who are the subject of this litigation is as follows: NAME. Thomas V. Valle DATE OF BIRTH January 8, 1990 CURRENTLY~__IN CUST~ODY OF Mother Ashley I. Valle December 22, 1991 Mother , , ' ' Conference was he d ¢ n July 11,2000, with the following A Custody Concd[at[on and her counsel, Joseph J. md~vldu2~ls in attendance: T~'e mother, Jacque!'ne Gonzalez-Valle., . .... :-e. ....... ~'~omas Valle and h s counsel, Jeanne Cos~opou~os, ~squ- Dixon, Esquire; me Ta[nuh 3. The parties agreed to an Qrder of Court in thE; form as attached. Date Custody Conciliator IDEI.ISA pOLIDURA AND LEEZUED RODRIGUEZ, plaintiffs VS, jACQUELINE GONZALEZ-VALLE' Defendant IN THE COURT OF COMMON PLEAS OF cUMBERLAND couNTY, PENNSYLVANIA NO. 01-2973 : : CIVIL ACTION - LAW .. CusTODY ACCORDANCE WITH CUMBERLAND cOUN'~ RULE OF CIVIL pRoCEDURE Conciliator submits the following report: 1915.3-8, the undersigned Custody 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: ~ NA_N_&~_ME Mother January 8, 1990 Mother Thomas V. Valle December 22, 199?- Ashley I. Valle polidura and Leezued Rodfiguez, and their counsel, Jeanne' 2. A Custody ConCiliation Conference was held on ,June 18, 2001, with the following individuals in attendance: Idetisa and her counsel, Joseph J. B. Costopoulos, Esquire; the Mother, jacqueline Gonzalez-.Valle, parties. Dixon, Esquire. Civil Term, is the first Custody Conciliation Conference held between these 3. This the: parties were the biological Father However, a previous order as to these Children was docketed at No. 98-5788 re nested by the Paternal .... -r~,~, Conference wa.s ..,?, ..¢,?ued Rodriguez, has chosen to Cumberland County Court of common pleas, wherein .... ,4~ and the Mother. ,'"'~-,,-:--'-d The plamtm, ~_~v-- The parties reached (now decea~o,,J ,--- I~+~ Father s g~nu,o. · boyfriend's Children. Grandmother and t.o .... withdraw her petition for partial custody of her late attached. an agreement in the form of an order as ~~ ~ Custody L;¢ " No. 01-2973 4. In the event that a visit with the Paternal Grandmother is missed due to illness or weather, compensatory time will be scheduled. ternal Grandmother shall have a mini, mum of two days over the 5. Holi..~. The. ,Pa ........... s of v sitat on Paternal Grandmother may also Christmas ho day school oreaK tor me pu~puoo · have partial custody as may be available in the school calendar for part of the Easter holiday break, weather permitting, and to be exercised in Pennsylvania. 6. There shall be reasonable telephone contact on a regular basis permitted between the minor Children and the Paternal Grandmother. . ' , his Order is to provide continuing contact and fostering of the pre- 7. The ~ntent of t .... ~,i~,~r,~n ~nd th eternal Grandmother, Mother to existing relationship between me mInor ~ ............. e P their late Father. F_dgar"~7~ J ~ Diet: Jeanne' B. Costopoulos, Esquire, 1400 N. Second Street, Harrisburg, PA 17102 ~ ~ ~ "?'-/o- O/ Joseph J. Dixon, Esquire 126 State Street, Harrisburg, PA 17101 (~ . 'JUL 0 5 2001 IDELISA POLIDURA AND LEEZUED RODRIGUEZ, Plaintiffs VS. JACQUELINE GONZALEZ-VALLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2973 CIVIL ACTION - LAW CUSTODY ORDER OF COURT Bayley, J.- '~4',~ AND NOW, this ~-L _ day of , ., 2001 ,.upo.n .c. ons. id,eration of the attached Custody Conciliation Summary Report,-it is h~'~reby ordere(] anti (3~recteo as follows: 1. ~- The Mother, Jacqueline Gonzalez-Valle, shall have sole legal custody of the minor Children, Thomas V. Valle, born January 8, 1990, and Ashley I. Valle, born December 22, 1992. ~by~;u~LCJ~Jg~Lv. The Mother shall have primary physical custody of the minor Children. Children as follows: The Paternal Grandmother, Idelisa Polidura, shall have partial custody of the ~. June 30, 2001, through July 15, 2001. In subsequent years, the Grandmother shall be entitled to at least two weeks of physical custody of the Children during the summer which may be consecutive or non-consecutive. At such additional times when Grandmother is in the Central Pennsylvania area, upon reasonable notice to Mother, or at such times when Mother may visit New York City where the Paternal Grandmother resides. One weekend every other month, and at other such times as the parties may agree. The Plaintiff, Leezued Rodriguez, shalll not be present during any periods of partial custody with the Paternal Grandmother. IDELISA POL1DURA AND LEEZUED : RODRIQUEZ PLAINTIFF : V. JACQUELINE GONZALEZ-VALLE : DEFENDANT IN THE coURT OF cOMMON PLEAS OF CUMBERLAND coUNTY, PENNSYLVANIA 01-2973 CIVIL ACTION LAW : : IN cUSTODY oRDER OF COURT AND NOW, ~001 __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before. Melissa P. Gr__eeevy Es~ the conciliator, Tuesdaj2~une 12, 2001 at _11:00 a.m. at 114 Senate Avenue, Suite 105, Ca--PA 17011 on 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, ~si Md/s~P, Greev~ 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 2 Liberty Avenue Carlisle, Pennsylvtmia 17013 Telephone (717) 249-3166