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HomeMy WebLinkAbout00-05296 NM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW c' c z Andres Pornel cn , Petitioner V. ) No. 00-5296 Angel Smith ) " Respondent ) PETITION TO CONFIRM RELOCATION AND NOW, Petitioner,Andres Pornel, moves this Honorable Court to Confirm Relocation against Respondent, Angel Smith, and in support thereof avers the following: 1. Petitioner and relocating party is Andres Pornel. Petitioner's address is confidential pursuant to 23 Pa. C.S. § 5336(b).. 2. Respondent and non-relocating party, Angel Smith, resides at 5 Kinwall Place, Baltimore, MD 21236. 3. The child is: Name Age Mother Father Kiara Pornel 14 Angel Smith Andres Pornel 4. A custody order was entered on June 16, 2009 that states the following: Andres Pornel has shared physical custody. Angel Smith has shared physical custody. Andres Pornel has shared legal custody. Angel Smith has shared legal custody. 5. Concurrently with this Petition, Petitioner is filing an Affidavit Regarding Relocation stating that: a. Petitioner has provided notice to every individual entitled to notice; b. The time to file an objection to the proposed relocation has passed; and C. No individual entitled to receive notice has filed an objection to the proposed relocation. 6. Attached to the Affidavit Regarding Relocation are true and correct copies of the Notice of Relocation sent to Respondent, and documentation showing when the Notice of Relocation was received. Petition To Confirm Relocation Page 1 of 2 WHEREFORE,pursuant to 23 Pa. C.S. § 5337(e), Petitioner requests the Court to confirm the relocation and grant the attached proposed order as a final Order of Court. Respectfully Submitted, Date: gl(i 12013 'g"' /—j ANDRES PORNEL,Petitioner Petition To Confirm Relocation Page 2 of 2 JUN 1 .5 2009 6� ANDRE B. PORNEL JN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION—CUSTODY ANGEL SMITH Defendant : NO. 00-5296 CIVIL TERM ORDER OF COURT AND NOW, this day of 2009, the parties having reached an agreement regarding the best interests of the subject minor child, Kiara S. Pornel, it is hereby ORDERED and DECREED that the terms of the stipulation entered into between the parties, which is attached hereto, is entered as an'Order of Court. BY THE COURT: Distribution: Gail Guida Souders, Esquire-111 Locust Street, Harrisburg, PA 17101 Angel A. Smith-3560 Old Trail Road, York Haven, PA 17370 Prothonotary's Office TRUE COPY FROM RECORD �A foVotnotly whar00, ! Mrs unto set my hars � 41 Said C u at CaMste, ft Aelf ANDRE B. PORNEL :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSY�VAgIA o Z-n VS. :CIVIL ACTION —CUSTODY Q ANGEL SMITH l Defendant : NO. 00-5296 CIVIL TERM <? STIPULATION FOR AN AGREED ORDER OF CUSTODY THIS AGREEMENT, made this day of June 2009, by and between Angel A. Smith, hereinafter referred to as "Mother,"and Andre B. Pornel, hereinafter referred to as "Father"of Kiara S. Pornel. WITNESSETH WHEREAS, Mother and Father hereto are the natural parents of one minor child Kiara S. Pornel, barn June 14, 1999; and WHEREAT;, the parties have come to an agreement concerning the issues of child custody; and WHEREAS, the parties desire that this Stipulation be entered as an Order by the Court of Common Pleas of Dauphin County, Pennsylvania; NOW THEREFORE, intending to be legally bound, the parties hereby stipulate and agree as follows: 1. It is the intention of the parties and the parties agree that they shall have shared legal custody. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing sha..l be made by them jointly, after discussion and consultation with each other, with a vi-.w toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to primary physical custody and partial custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to b,; of concern to the other. Day to day decisions shall be the responsibility of the parent then having primary physical custody. With regard to any emergency dec-isions which must be made, the parent having primary physical custody of the child at the time of the emergency shall be permitted to make any immediate dec.sions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information form any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. Father shall provide health care coverage for child and pay any costs associated with school. 2. Primary physical custody of Kiara S. Pornel shall be with the Father, Andre B. Pornel during the school year starting with School Year 2009-2010. 3. Mother, Angel A. Smith, shall have primary physical custody of Kiara S. Pornel during the summer. 4. During the School year: 5. Mother, Angel A. Smith, shall have partial visitation of Kiara S. Pornel during the school year as the parties agreed. a. Mother shall provide all transportation. b. When Mother is returning child, she must have no later than 7:00 P.M. 6. During the surnmer, Father shall have partial visitation of Kiara S. Pornel as the parties agreed. a. Father shall provide all transportation. 7. If the child is involved in any activities then Mother and Father must work around child's schedule; to see child. 8. The holidays will be determined as the parties mutually agree upon. 9. Father shall hz:.ve custody of child on Father's Day from and Mother shall have custody of child on Mother's Day. 10. Mother and Father shall alternate child's birthday. 11. If Father is deployed then child will live with Mother while Father is deployed but when he return,; then child will live with Father. 12. During any per.od of custody or visitation the parties to this order shall not possess or use any contro.led substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible that other household members and/or house guests comply with this prohibition. 13. Each parent shall be entitled to reasonable telephone contact with the child when she is in the custody of the other parent. 14. Father shall provide child with a cell phone and will pay the cell phone bill. 15. Mother agrees to drop the child support and Father agrees to not file for child support. 16. Neither parent shall permanently relocate if the relocations would necessitate a change in the visitation schedule. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 17. Both parents shall refrain from making derogatory comments about the other parent in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the child. 18. It is understood and stipulated by the parents that upon mutual agreement expanded or altered schedule may be agreed between the parents for and in the best interest of the child. 11A i 2 Date Ang A. ith "-,2 Date Andre B. Pornel COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN: SS: On the 1.40day of u^'G , 2009, before me, a Notary Public, personally appeared Angel A. Smith known to me to be the person whose name is subscribed to the within document, and acknowledged that she exi;cuted the foregoing for the purpose therein contained. IN WITNESS WHEPEOF, I have hereunto set my hand and Notarial Seal. Pau' 'Coffin,Jr. Notary P : C„0,r .`9 NOTAO Ptf- WicomsEo-Oounty A •.• �s00 staid of waryla o N�o......vc+ My ComrllbsioA Expires ""Its",„°Nx August 24, 2411 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN: SS: On the VNay of CN- \t , 2009, before me, a Notary Public, personally appeared Andre B. Pornel known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. Notary Public NotARIAL SELL BM IMSCHMIIlR No" hoot MAIMMI RO 01y. DAURMIN COUNN My Commission axwres ON 11. 2010 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Andres Pornel ) C- � Petitioner V. ) No. 00-5296 u'r- ' `_p F Angel Smith Respondent NOTICE OF RELOCATION You,Angel Smith, are hereby notified that Petitioner,Andres Pornel,intends to relocate with the following minor child: Name Age Mother Father Kiara Pornel 14 Angel Smith Andres Pornel To object to the proposed relocation, you must complete the attached counter-affidavit, file it with the court and serve it upon the party seeking to relocate by certified mail, return receipt requested, within 30 days. If the court does not receive your objection to the proposed relocation within 30 days, the relocating individual has the right to petition the court to approve the proposed relocation and to modify any effective custody orders or agreements. FAILURE TO OBJECT WITHIN 30 DAYS WILL PREVENT YOU FROM OBJECTING TO THE RELOCATION. Petitioner avers the following: 1. Petitioner and relocating party is Andres Pornel. Petitioner's address is confidential pursuant to 23 Pa. C.S. § 5336(b).. 2. Respondent and non-relocating party, Angel Smith, resides at 5 Kinwall Place, Baltimore, MD 21236. 3. The child is: Name Age Mother Father Kiara Pornel 14 Angel Smith Andres Pornel 4. A custody order was entered on June 16, 2009 that states the following: Notice to Angel Smith Page 1 of 4 Andres Pornel has shared physical custody. Angel Smith has shared physical custody. Andres Pornel has shared legal custody. Angel Smith has shared legal custody. 5. Petitioner is seeking to relocate with the child to San Jose, CA. a. The address of the intended new residence is 1505 Fiesta Lane, San Jose, CA. b. The mailing address of the intended new residence is the same. C. The following individuals intend to live in the new residence: Name Age Andres Pornel 39 Kiara Pornel 14 Dan Pornel 40 Maui Pornel 36 Dylan Pornel 9 Danica Pornel 6 d. The telephone number of the intended new residence is unknown. e. The name of the new school district is San Jose Unified School District. f. The name of the new school is Lincoln High School. g. The date when Petitioner would like to relocate is: 08/26/2013. h. Petitioner's reasons for relocating are as follows: The reasons for the move are to be close to significant families for more source of support and to pursue a better employment opportunity to significantly improve the family's quality of life. i. Petitioner proposes that the custody order by modified to state that: Line 5 letter(a) and (b) on the court order will be change to: Father agrees to pay 80%of the cost of airfare and mother agrees to pay the remaining 20% for travel. Line 6 letter(a)on the court order will be change to: Father will pay the 100% cost of airfare for his visitation right during the summer. Line 7 on the court order will be change to: If the child is involved in any school activities even during the summer then Mother and Father must work around child's schedule to see the child. Line 11 on the court order will be deleted due to Father being out of the service and does not plan to re-enlist. Notice to Angel Smith Page 2 of 4 New line itme to be added per Mother's request and agreed upon by the Father: 1. If the child feels that the relocation is not working out and if child is getting in trouble that she will be allowed to return to her mother with no objections. Respectfully Submitted, Date: 10L241 /Z 013 L,,( Andres Pornel, Petitioner Notice to Angel Smith Page 3 of 4 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Andres Pornel ) Petitioner ) V. ) No. 00-5296 Angel Smith ) Respondent ) VERIFICATION I, Andres Pornel, hereby verify that the statements made in the foregoing notice are true and correct to the best of my knowledge, information and belief. I understand that false statements made therein are subject to the penalties of Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: G Z24 I2ot3 Andres Pornel,Petitioner Notice to Angel Smith Page 4 of 4 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Andres Pornel ) Petitioner ) V. ) No. 00-5296 Angel Smith ) Respondent ) COUNTER-AFFIDAVIT REGARDING RELOCATION 1. This proposal of relocation involves the following child: Childs Name Age Currently Residing at: Kiara Pornel 14 Unknown 2. I, Angel Smith, have received a notice of proposed relocation and a. _I do not object to the relocation and I do not object to custody arrangement proposed by Petitioner. b. _I do not object to the relocation but I do object to the custody arrangement proposed by Petitioner, and I request that hearing be scheduled: Prior to allowing the children to relocate. After the child relocates. C. _I do object to the relocation and I do object to the custody arrangement proposed by Petitioner, and I further request that a hearing be held on both matters prior to the relocation taking place. 3. I understand that in addition to checking(b)or(c) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation. Counter-Affidavit of Angel Smith Page 1 of 2 I verify that the statements made in this counter-affidavit 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: Angel Smith Counter-Affidavit of Angel Smith Page 2 of 2 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Andres Pornel Petitioner V. No. 00-5296 Angel Smith Respondent AFFIDAVIT REGARDING RELOCATION 1. 1, Andres Pornel, certify that I provided notice to every individual entitled to notice of my proposed relocation. a. I certify that a Notice of Relocation was sent by certified mail, return receipt requested,to: Angel Smith,at the following address: 5 Kinwall Place, Baltimore, MD 21236. A true and correct copy of the Notice of Relocation is attached to this affidavit. A true and correct copy of documentation showing that the Notice of Relocation was given is attached to this affidavit. 2. The time to file an objection to the proposed relocation has passed and no individual entitled to receive notice has filed an objection to the proposed relocation. 3. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Y ll>/2013 ANDRES PORNEL,Petitioner Affidavit Regarding Relocation Page I of 1 1p� SENDER:COMPLETE • • Complete items 1,2,and 3.Also complete A. St Item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse X ❑Addressee so that we can return the Land to you. B. Received by(Printad Name) C.Date of Delivery • Attach this card to the back of the mailpleoe, or on the front If space permits. STPq'1L'04 1 Z -tC D. is d*.wy address different from Item 1? 13 Yes t. Article Addressed to: r�gc ►'twi tf YES,enter delivery address below: if No 5 u�nwa P late apt. 2 D O ct.1 111 w+ore Mb 21234 s. Service lypsail ❑Express Mail R�e&tered ❑Return Receipt for Mercftendtee ❑insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑YeS Z. Article Number ,7Q.12, �,� 0. 0001 1.584 8828 � Ps Form 3811,February 2004 Domestic Return Receipt 102595-024A-1540 Postal CERTIFIED MAIL. RECEIPT co (Domestic Mail Only, .• ni our website at S. E co Postage $ SM0 04 Certtfied Fee 8E R;_4 ark C3 Return Receipt Fee ''••,� L� O (Endorsement Required) V Here O Restricted Delivery Fee `tN 2"J 2Q t3 D (Endorsement Required) lit J 25/2013 y rp Total Postage&Fees 1$ Q rl j; r7 nt To A� ------ ah--------------------------------------------------- O of PO Box No. Cr ,Stara,ZIP+4 ..Ki d V,ALl.._P.lac._1.. zt2 PS Form 3800.August 2GO6 See Reverse for Instructions ANDRES PORNEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANGEL SMITH, ` DEFENDANT NO. 00-5296 CIVIL N) :: IN RE: PLAINTIFF'S PRO SE PETITION TO CONFIRM RELOCATfi3Na ORDER OF COURT AND NOW, this lov day of August, 2013, upon consideration of the pro se Petition to Confirm Relocation filed by Father, Andres Pornel, and it appearing that Mother, Angel Smith, has been properly notified of the relocation and has not objected thereto, we grant Father permission to relocate with the child, Kiara Pornel (born June 14, 1999), to 1505 Fiesta Lane, San Jose, California. Accordingly, the Order of June 16, 2009, entered pursuant to stipulation of the parties is modified, pursuant to the terms proposed by Father, as follows: 1. For Mother's periods of partial custody occurring during the school year, Father shall pay 80% of the cost of travel and Mother shall pay the remaining 20%. 2. For Father's periods of partial custody occurring during the child's summer vacation, Father shall pay 100% of the costs of travel. 3. If the child is involved in any school activities, even during the summer, Mother and Father shall work around child's schedule in order to see the child. 4. If the child expresses feelings indicating that the relocation is not working out, she will be allowed to return to Mother with no objections. Y 1b 5. In all other respects, the Order of June 16, 2009, shall remain in full force and effect. The parties may adjust the terms of this order at any time by mutual consent. In the absence of an agreement, the parties shall attempt to mediate a resolution before petitioning the court for a hearing. By the Court, Albert H. Masland, J. Andres Pornel, Pro Se Plaintiff Father Angel A. Smith, Pro Se Defendant Mother bas ►DES �t '