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HomeMy WebLinkAbout95-00606 " " .. .. ~'H~C.\:i\ ~) .\ \ \ '., ' .11I1'Hi 141.1 ...O....ll VlNy...uNNNoI 'uMOUII IH Xlll ~:1I~'111 Ul)4 "Vl)~ NMl\llIjl Hi ,nVI IV 'XHI ""Nflln >I \A'.IN~llJ.LV 'O'd 'N~"""'I)lNV "''''1"I1Y'I::} ~ . " Y. t. ..... , , I I '. I " " '1 ')1-, I'll I I, "I 1\ I, . " i' "j 'I " 'I I' . I I, II , " 'I I. ',I ,-I " , /" 'I ZOE MARIE STERNER-BELLIDO, plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION NO. 606 . 1995 CIVIL ACTION - LAW IN DIVORCE RAFAEL BLAS BELLIDOb efondant ORDER OF COURT AND NOW, to wit, this (,.. day of /("t"~f ' 1995, upon consideration of the Plaintiff's Petition For Final order, filed in conjunction with the Plaintiff's Application For Special Relief, on February 3, 1995, a RULE TO SHOW CAUSE is hereby issued upon the Defendant, Rafael Blas Bellido, to show what cause he may have, why the relief sought by the Plaintiff in the said Application For Special Relief, seeking exclusive possession of the parties' marital home, located at 879 Mandy Lane, Camp Hill, Hampden Township, Cumberland County, Pennsylvania, should not be granted. However, this Court's Order issued on February 3, 1995, granting temporary exclusive possession of the parties' marital home to the Plaintiff, Zoe Marie SUrner-BelUdo, shall remain in full force and effect until otherwise modified by this Court. "~iI { /' I .' THIS RULE IS RETURNABLE on/the -"I,.J day of / , I ( i if d i II' , 19913, in Courtroom No.' at. ;), . 'l( I 0' clock, -rl,/)n., in the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: " /IlL I , I , ~ .,. ZOE MARIE STERNER-BELLIDO, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION NO. 606 - 1995 CIVIL AC'TION . LAW IN DIVORCE RAFAEL BW BELLIDOb efendant PETITION FOR FINAL ORDER I AND NOW, to wit, this 6th day of February, 1995, comes the Plaintiff, loe Marie Sterner.Bellido, by and through her undersiQned attorneys, Clark Law Associates, P.C., and f11es this Petition For Final Order for exclus'.ve possession of the parties' marital home, and offers the following to this Honorable Court in support thereof: 1 . On February 3, 1996, the Plaintiff f Hed a Consolidated Complaint in Divorce against the Defendant. 2. On February 3, 1995, the Plaintiff filed an Application For Special Relief pursuant to the aforesaid Divorce action, wherein the Plaintiff sought exclusive possession of the parties' marital home, located at 879 Mandy Lane, Camp Hill, Hampden Township, Cumberland County, Pennsylvania. :3. 01' February 3, 1995, this Honorable Court granted the Plainti ff' s said Pet! tion For Special Relief, and issued a Temporary Order, but conditioned such Temporary Order upon the requirement that the Plaintiff file a Petition For A Final Order in said matter within five (5) days of the entry of the Court's said Order. " I I , I " , I i! " I ,I I' '1 , ill "j" ,\ , I 'I " " I" I, " , I"i , " I' I "J 'I " I' 'I I' i' ,I I'll' " L'I 'I " 'I " , " I'i " , " I' -',II Cu". LAW AIIIIlClATlIlI, P.O. AThIMN'YI l\ I:lllJNIH Il)RI A II Alii MlI HIHBlJRN ROAII IIHH tWHcf I\n)( ,tn Il....." ......",..... nooo.OUO (1171 n 1."UH ~'['l ) ~ ,,- I........'.' ... " " 'I ,I " cvh__ Statlls government I and is not a natural1zed oi Unn 01 the United States of America. 3. On even date herewith, the Plaintiff has filed a Complaint In Divorce, a Complaint for Custody of Minor Children, and an Application For Special Relief in said Custody Action, all against the said Defendant, Rafael Blas Oellido. 4. The Plaintiff, Zoe Marie Sterner-Bellido, togflther with the parties' four (4) minor children, all reside in the family home located at 879 Mandy Lane, Camp Hill, Hampden Township, Cumberland County, Pennsylvania 17011. 5. On or about October 24, 1994, shortly after the birth of the parties' youngest child, the Defendant informed the Plaintiff that he (Defendant) was unhappy living with the Plaintiff, and that he (Defendant) was "entitled to his happiness", and that he (Defendant) was leaving the Plaintiff and the childJ'en, and intended to live elsewhere. 6. On or about October 24, 1994, the Defendant did, in fact, move out of the marital household, took all his necenary personal clothing, belongings and effects from the marital home, 2 and took up ~iving in and about the City of Harrisburg, Dauphin County, Pennsylvania. 7, Sinoe the Defendant moved out of the marital home, he (Defendant) has visited the Plaintiff and the ohildren in the marital home on Sunday afternoons, between the hours of approximately 1 :00 p.m. and 6:00 p.m., on almost a weekly basis. 8. During very reoent disoussions between the Plaint! ff and the Defendant, the Defendant informed the Plainti tf that he (Defendant) was considering taking the children, in particular the minor ohild Alexander Rafad Bellido (Alexander), age ~, with him and returning to his native homeland, the country of Peru, without the Plaintiff. 9. On Sunday, January 29, 1995, the Defendant was temporarily Visiting with the Plaintiff and the minor children, at the marital home, at which time he (Defendant) made specific inquires concerning the precise age of the minor child, Alexander, age G, which information would be applicable in the applioation for a passport for said child, 3 10. On Sunday, January 29, 1995, after making the said inquires conoerning the age of Alexander, the Defendant informed the Plaintiff that he (Defendant) was intending on returning to his native homeland (Peru) in the next few weeks, and wanted to take the minor child Alexander, with him (Defendant) for said trip. 11. When the Plaintiff refused to permit the Defendant to take the 'minor child Alexander to Peru, as aforesaid, the Defendant beoame visibly upset and terminated the conversation. 12. On Tuesday evening, January 31, 1995, during a telephone conversation between the Plaintiff and Defendant, the Defendant informed the Plaintiff that when he (Defendant) obtained suffioient money for a divorce action, that he (Defendant) was intending on fighting for his son (Alexander), and that he (Defendant) would kidnap the said minor child Alexander, and return to his native homeland (peru) with said child. 1 G. During the aforesaid telephone conversation between the parties on Tuesday, January 31, 1995, the Defendant informed the Plaintiff that he (Defendant) would make arrangements to have his (Defendant's) mother raise the said minor child Alexander in 4 his native homeland (Peru), and not return said child to the Plaintiff in the marital home. 14. During the aforesaid telephona conversation between the parties on Tuesday, January 31, 1995, the Defendant informed the Plaintiff that he (Defendant) was prepared to go to the home of the children's babysitter, Nancy I. Williams, located at 12 Briar Lane, Lower Allen Township, Cumberland County, Pennsylvania, and take the minor child Alexander, and not to return said minor child to the custody and care of the Plaintiff in the marital home. 15. The Plaintiff believes, and therefore avers, that the Defendant owns and possesses a firearm. 16. The Defendant, in the past, has committed and threatened violence against the person of the Plaintiff when the Plaintiff did not submit to the will of the Defendant, and the Plaintiff believes, and therefore avers, that if the within Application For Special Relief is not immediately granted, that the Defendant, upon service of a copy of the Complaint for Custody and Complaint In Divorce, will return to the marital home in an 5 enraged state, and take violent aotions against the Plaintiff and possibly the ohildren, as aforesaid, 17. The Dofendant's rights to reside peaoeably in the mar1tal home, together with the ohildren, will be in grave jeopardy if an Order is not issued whereby the Defendant's aooess to the marital home is not restricted, 18. The entry of an Order whereby the Plaintiff and the ohildren are granted exolusive possession of the marital home, thereby maintaining the status QUo between the parties, would not substantially harm the Defendant'a interests in this oase, pending a tinal d1sposi tion of the issues by this Honorable Court. WHEREFOR~, the Plaintiff, Zoe Marie Sterner-Bellido, respectfully requests this Honorable Court to issue an Order immediately, whereby the Plaintiff, Zoe Marie Sterner-Bel11do, is temporarily awarded exclusive possession of the parties I marital home, located at 879 Mandy Lane, Hampden Township, Cumberland County, Pennsylvania, pending further proceedings before this Honorable Court. 6 .1" ..... " " 'I , " I" )" , " " , , " " , " " I " " \1 , , , I' >I, , , " " " I' I, \ , ", , " , " " ,'j " " .,'1 " ',' ", " " " , , li " " , ',', '';1 I I " \, " " " , , 'I , " , " va.".. LAW A..')CIAr... P.C. ArtokN'n1 It COliNl',li,)AI A r lAW ill HllJAIJRN AIIAIl lIOn OHlc., RO)l; ~H H.....\', P............ J7OB$.,ISS$ r:'ln'll.tIWI I, :('fr-. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION NO. '1 <;~_. <.: 0(. CIVIL ACTION - LAW IN CUSTODY ZOE MARIE STERNER-BELLIDO, Plaintiff RAFAEL BLAS BELLIDOb Gfen~ant ORDER OF COURT AND NOW, to wit, this J J day of l(t.../ "} , 1995, , upon consideration of the attached Application For Special Relief, IT IS HEREBY ORDERED, that pending a further Order of this Court, 1. The Plaintiff, Zoe Marie Sterner-Bellido, is awarded full legal and physical custody of the minor children of the parties, to wit: Sarah Giovanna Bellido, Alexander Rafael Bellido, Brianna Fanua Bellido, and Elizabeth Gabina Bellido, subject to the following rights of visitation for the Defendant, Rafael Blas Bellido~ a. The Defendantl Rafael BIas Bellido, shall be permitted to have supervised visitation with the said children in the parties I marital home, located at 879 Mandy Lane, camp Hill, Hampden Township, Cumberland County, Pennsylvania, on Sunday afternoons, between the hours of 1:00 p.m. and 6:00 p.m., and at such other times as the parties may mutually agree. 2. Neither the Defendant, nor any other person, shall remove or attempt to remove the said children from the said custody and care of the Plaintiff. 3, Neither the Defendant, nor any other person, shall remove or attempt to remove the said minor children from this Commonwealth and/or the United States of America. 4, Any and all paosports or similar type visa documents whioh have been issued for the parties' minor ohildren, to witt Sarah Giovanna Bellido, Alexander Rafael Bellido, Brianns Fanua Bellido, and Elizabeth Gabina Bellido, are hereby specifically ordered to be surrendered immediately to this Court I and the parties, or any person acting on behalf of the parties, are hereby specifically directed not to apply for a passport or similar visa type document for said minor children, without the I specific written permission of this Court. 6. A copy of this Order shall be immediately served upon the Sheriff of Cumberland County, the Hampden Township Police Department, the Lower Allen Township Police Department, and the Pennsylvania State Polioe, for notice and enforcement, 6. A copy of this Order shall also be immediately forwarded to the United States Department 0 r State, for the purpose of enforcement of that portion of this Order pertaining to the custody of any and all passports or other visa type documents whioh may have been issued to the parties' minor chlldren, to wit: Sarah Giovanna Bellido, Alexander Rafael Bellldo, Brianna Fanua Bellido, and Elizabeth Gabina Bellido. BY THE COURT: , I i I I I I 'L /IlL I " J. &Me. w Sarah Giovanna Bellido Alexander Rafael Bellido Brianna Fanua Bellido Elizabeth Gabina Bellido 5 years & 1 month 3 years ^ 5 months 2 years 4 months. 4. The children are presently in the physical custody and care of the Plaintiff, Zoe Marie Sterner-Bellido, and they all reside in ~he family home located at 879 Mandy Lane, Camp Hill, Hampden Township, Cumberland County, Pennsylvania 17011. 5. On or about October 24, 1994, shortly after the birth of the parties' youngest child, the Defendant informed the Plaintiff that he (Defendant) was unhappy living with the Plaintiff, and that he (Defendant) was "entitled to his happiness", and that he (Defendant) was leaving the Plaintiff and the children, and intended to live elsewhere, 6. On or about October 24, 1994, the Defendant did, in fact, move out of the marital household, and take up living in and about the City of Harrisburg, Dauphin County, Pennsylvania. 7. Since the Defendant moved out of the marital home, he (Defendant) has visited the Plaintiff and the children in the marital home on Sunday afternoons, between the hours of approximately 1 :00 p.m. and 8:00 p.m., on almost a weekly basis. 8. During recent discussions between the Plaintiff and the Defendant, the Defendant informed the Plaintiff that he 2 (Defendant) was considering taking the children, in particular the minor child Alexander Rafael Bellido (Alexander), age 3, with him and returning to his native homeland, the country of Peru, without the Plaintiff. 9. On Sunday, January 29, 1995, the Defendant was temporarily visiting with the Plaintiff and the minor children, at the marital home, at which time he (Defendant) made specific inquires concerning the precise age of the minor child, Alexandar, age 3, which information would be applicable in the application for a passport for said child. 10. On Sunday, January 29, 1995, after making the said inquires concerning the age of Alexander, the Defendant informed the Plaintiff that he (Defendant) was intending on returning to his native homeland (peru) in the next few weeks, and wanted to take the minor child Alexander, with him (Defendant) for said trip. 11. When the Plaintiff refused to permit the Defendant to take the minor child Alexander to Peru, as aforesaid, the Defendant became visibly upset and terminated the conversation. 12. On Tuesday evening, January 31, 1995, during a telephone conversation between the Plaintiff and Defendant, the Defendant informed the Plaintiff that when he (Defendant) obtained sufficient money for a divorce action, that he (Defendant) was intending on fighting for his son (Alexander), and that he (Defendant) would kidnap the said minor child Alexander, and return to his native homeland (Peru) with said child. 3 13. During the aforesaid telephone conversation between the parties on Tuesday, January 31, 1996, the Defendant informed the Plaintiff that he (Defendant) would make arrangements to have his (Defendant's) mother raise the said minor child Alexander in his native homeland (Peru). 14. During the aforesaid telephone conversation between the parties on Tuesday, January 31, 1995, the Defendant informed the Plaintiff that he (Defendant) was prepared to go to the home of the childrens' babysitter, Nancy I. Williams, located at 12 Briar Lane, Lower Allen Township, Cumberland County, Pennsylvania, and take the minor child Alexander, and not to return said minor child to the custody and care of the Plaintiff. 15. The Plaintiff belioves, and therefore avers, that the Defendant owns and possesses a firearm. 18. The Defendant's recent business and employment endeavors have not been successful, and he (Defendant) does not have significant ties to the local community, other than the said children. 17. The Defendant's rights to visitation with the Plaintiff and the children would not be harmed by the entry of an Order whereby the status QUO would be maintained between the parties pending a final disposition of the issues by this Honorable Court. 18. If the Defendant were to take the children from the custOdy and care of the Plaintiff, and transport them to a foreign 4 county, i,e., Peru, the Plaintiff would be without the resources neces8~ry to recover the custody of her ohildren. 19. The Defendant, in the past, has committed and threatened violence against the person of the Plaintiff when the Plaintiff did not submit to the will of the Defendant, and the Plaintiff believes, and therefore avers, that if the wi thin Application For Special Relief is not granted immediately, that the Defendant, upon service of a copy of the Complaint for Custody, will take steps to deprive the Pia inti tt of the children, as aforesaid. WHEREFORE, the Plaintiff, Zoe Marie Sterner-Bellido, respectfully requests this Honorable Court to issue an Order immediately, whereby the Plaintiff, Zoe Marie Sterner-Bellido, is temporarily awarded full legal and physical custody ot the children, Sarah Giovanna Bellido, Alexander Rafael Bellido, Brianna Fanua Bellido, and Elizabeth Gabina Bellido, pending further determination of this Court, and that the Defendant, Rafael Bias Bellido, is permitted to continue to have supervised Visitation with the parties' minor children in the marital home, looated at 879 Mandy Lane, Camp Hill, Hampden Township, Cumberland County, Pennsylvania, on Sunday afternoons, between the hours of 1:00 p.m. and 6:00 p.m., and at such other times as the parties may mutually agree i and that the Defendant is specifically prohibited from removing or attempting to remove the said children from the custody and care of the Plaintiff, or from this Commonwealth; and that any and all passports or other Visa type documents be immediately surrendered to the Oourt. And she will forever pray. 5 Respectfully submitted, OLARK LAW ASSOCIATES, P.C. 825 Fishburn Road Post Office Box 555 Hershey, Pennsylvania 170~3.0556 Telephone: (717) 533-4049 Facsimile: (717) 533.660B Datedt Februar~ ~, 1995 VERIFICATION I HEREBY VERIFY that the facts and statements made in the foregoing Application For Special Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.g4904, relating to unsworn falsification to authorities. Dated t .;') i 'i ,) /:1)/)""" ,fit"",. /)t't'..t" ,oe Marie sterner.Bellido, Plaintiff 6 " , , " I \ , il 'i '(' ,i'!l :11, i' ," " , " " , ' ,I I I " " I' I, \1 I' I , " I, 'I Iii " " ,,\ " I I" '.' . " 01.,\1'" LA. AIIII)I:IAnl, P.C. ^1I1l~N.~\ I< "III~\I\ I,l\~\ ^11 ^W MIII:\lIn1 N ~ll^11 II,)" l)Hll IUlX ,~, "......, .......',...1. 11O$I.nau 11'" ,,\....WJ . . ZOE MARIE STERNER-BELLIDO, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FAMII. Y DIVISION NO. 15--- (; of;:, C)_~v.LL j OA..-yr'--/ CIVIL ACTION - LAW IN CUSTODY RAFAEL BLAS BELLIDOb ofondant ORDER OF COURT -~ AND NOW, to wit, this ~ day of -1.--" bruc,rf ,1995, upon oonsideration of the attaohed Complaint for Custody, IT IS HEREBY ORDERED, that the parties (and their respeoUve oounsels appear before ~:..",,<'\..(,I L. Andc-) , Esquire, the Conoiliator, at ,~-~,,- AI, 11)..t", ')t. Lt-(hl>\//1(' Pennsylvania, on J",w!t:L..'1 ,the lisP,' day of _~~\r,h _, 1995, at I o'olook, p m., for a Pre.Haaring Custody Conferenoe. At suoh conference, an effort will be made to reeolve the issues in dispute; or it this cannot be accomplished, to define and narrow the issues to be heard by the COUt't, and to enter into a Temporary Order. Either party may bring the children who are the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure of a party to appear at the conference may provide grounds for entry of a Temporary or Permanent Order. FOR THE COURT: Date of Order: 'd.;r.qr .,,~ ~.~~ us 0 y Cono 11a or 7 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONEJ 00 TO OR TELEPHONE THE OFFICE SET ~ORTH BELOW TO FIND OUT WHERE YOU ~AN OET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COUR1.tlOUSE 4TH FLOOR CARLISLEL PENNSYLVANiA 17013 (717) 240-6200 G. The Plaintiff seeks custody of the following children: NAME. PRESE~T RESIQe~CE AGE. Sarah Giovanna Bellido 879 Mandr Lane 5 Camp Hil , PA 17011 Alexander Rafael Bellido 879 Mandr Lane G Camp Hil , PA 17011 Brianna Fanua Bellido 879 Mandr Lane 2 Camp Hil , PA 17011 Elizabeth Gabina Bellido 879 Mandr Lane 4 M>. Camp Hil , PA 17011 (a) The children were not born out of wedlock. (b) The children are presently in the custody of the Plaintiff, loe Marie Sterner-Bellido, who resides at 879 Mandy Lane, Camp Hill, Hampden Township, Cumberland county, pennsylvania 17011. (c) During the past five (5) years, the children have resided with the following persons and at the following addresses: tiAMe. Rafael BlaB Bellido a loe Marie Sterner-Bellido Rafael BlaB Bellido a loe Marie 8terner-Bellido Zoe Marie Bterner-Bellido ADDRESSES 5145 E. Trindle Rd. Mechanicsburg, PA 879 Mandy Lane Camp Hill, PA 879 Mandy Lane camp Hill, PA 2 DATEe Dec.'89 to June '92 June '92 to Oct. '94 Oct. '94 to present (d) The natural mother of the ohildren is the Plaintiff, loe Marie Bterner-Bellido, who resides at 879 Mandy Lane, Camp Hill, Hampden Township, Cumberland County, Pennsylvania 17011. The Plaintiff is married to the Defendant. (e) The natural father of the ohildr'en is the Defendant, Rafael Blas BeUido, last known to reside at 318 South Fourteenth Street, City of Harrisburg I Dauphin County, Pennsylvania 17101. The Defendant is married to the Plaintiff. 4. The relationship of the Plaint! ff to the ohildren is that of natural mother. The Plaintiff currently resides with the ohildren, as aforesaid. 5. The relationship of the Defendant to the ohildrerl is that of natural father. It is unknown if the Defendant currently resides with any other persons. 6. Plaintiff has not partioipated as a party or witness, or in another oapaoity, in other litigation oonoerning the custody of the ohildren in this or any other oourt. ( a) Plaintiff has no information of a oustody proceeding conoerning the ohildren pending in a court of this Commonweal th . (b) Plaintiff knows of no persons not parties to the prooeedings who have physical custody of the children or 3 lOE MARIE STEANER-BELLIOO, Plaintiff v. IN THE COUAT OF COMMON PLEAS CUMBERLAND COUNTY; PENNSYLVANIA FAMILY DIVISION NO. 96 . 606 CIVIL ACTION . LAW IN CUSTODY RAFAEL BLAS BELLIOOb efendant \ I! I c.E.BI.lfl.CAI.~ I, Lawrence F. Clark, Jr., Esquire, hereby certify that I have this 6th day of February, 1995, served a Custody Order in the above-captioned matter by personally delivering the same to the following t Sheriff of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 1701G Desk Off icer Hampden Township Police Department 2GO Sporting Hill Road Mechanicsburg, PA 17055 Desk Officer Lower Allen Township Police Department 199G Hummel Avenue Camp Hill, PA 17011 Desk Officer Pennsy vania State Police Barracks 1501 Commerce Avenue / ! , '/''>/,)' carlisle, PA 1701 G ,'_ I ' ~,/' / I' ) ""') ~. ~ I By: (. ,',.", I , rence. ar r. CLARK LAW ASSOCIATES,' 825 Fishburn Road Post Office Box 555 Hershey! PA 1703G-0556 (717)+/5"G-4049 . . " " . " " I' 'I, ,L' \}V. i' " ,I , ' 1 . I IIi , I , " I~ , .' , " , , (',,,\'''l. .."w A""....I.\...,,". .".(', MII,J"\'W1\ Il'l1IJN\HIlll1' "I t,.,W K,il\ H\lI:WI' N Ih)/ln I'll" 0nlll "lIlt 'l'i', Hl'U1U:Y, PlHH.!lYlVM'll^ I/O~L\ Of\~)~) 1/1/1'111"11.10 , w'" DQ fll~I8Y C'RTIFY TtI~T t~\ ... nllN III A TKu< AND COR "loT '':OPY OF Tm, O~IOINAL 'ILIO IN nus ACTION 1j;;::-.-7.TlrJANIY.'.. nd__"'__ .,'"C'_ 'Ie'd '" ;.. . ~ i. , , ~ " , . 1 , 'I " . . , " . il; , '" " " , , iI' ,I , , 'I I..' -, ZOE MARIE STERNER.BELLIDO, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION NO, 7r , (J {, CIVIL ACTION . LAW IN CUSTODY RAFAEL BLAS BELLIDO b efondant ORDER OF COURT AND NOW, to wit, this "i"'{ day of' /1.,/,,,i3J;' upon consideration of the attached Appli~tion For Relief, IT IS HEREBY ORDERED I that pending a fu rther this Court, , 1995, Special Order of 1. The Plaint~ff, Zoe Marie Sterner-Bellido, is awarded full legal and physical custody of the minor children of the parties, tv wit: Sarah Giovanna Bellido, Alexander Rafael Bell1do, Brianna Fanua Bellido, and Elizabeth Gabina Bellido, subject to the following rights of visitation for the Defendant, Rafael Blas Bellido: a. The Defendant I Rafael Blas Bellido, shall be permitted to have supervised visitation With the said children in the parties' marital home I located at 879 Mandy Lane, Camp Hill, Hampden Township, Cumberland County, Pennsylvania, on Sunday afternoons, between the hours of 1 :00 p.m. and 6:00 p ,m. I and at such other timl!lS as the parties may mutually agree. 2 , Neither the Defendant, nor any other person I shall remove or attempt to remove the said children from the said custody and care of the Plaintiff. ... 3 . Neither the Defendant, nor any other person, shall remove or attempt to remove the said minor children from this Commonwealth and/or the United States of America. 4, Any and all passports or similar type visa documents which have been issued for the parties' minor children, to wit: Sarah Giovanna Bellido, Alexander Rafael Bellido, Brianna Fanua Bellido, and Elizabeth Gabina Bellido~ are hereby specifically ordered to be surrendered immediately to this Courtj and the parties, or any person acting on behalf of the parties, are hereby specifically directed not to apply for a passpor't or similar visa type document for said minor children, without the specific written permission of this Court. 5. A copy of this Order shall be immediately served upon the Sheriff of Cumberland County, the Hampden Township Police Department, the Lower Allen Township Police Department, and the pennsylvania State Police, for notice and enforcement. 6. A copy of this Order shall also be immediately forwarded to the United States Department of State, for the purpose of enforcement of that portion of this Order pertaining to the custody of any and all passports or other visa type documents which may have been issued to the parties' minor children, to wit: Sarah Giovanna Bellido, Alexander Rafael Bellido, Brianna Fanua Bellido, and Eli!ab~~h ~nbina Eel11do, BY THE COURT: TRUt; COpy I~ROM RECORt> In rliatlm(lfl~ whflr'Ji)!, f h~r~ lln!1'l ;,oJlmy ~"In(j and tilt ..., 01 said CUU~ 1,--carlllle, PlI, l'JIll 11"1" d~ of '.~n 18 9\- ~r"J F ~~l fi J ,./ I';!tl( 1\ Cl ,#'.;,.v J. " 1/1 I; I, 'I , , " " , " lR II! IN c-" " " .:e: ~t: 1.. . ..., I I.' ~:. ":'.~ .,-(")\'..\ If. Y, r1 " """'r .1 I ,..'. "l,j ,.j'/I ~~ f P. '.~ ,J: ,,,,,,:;./'; " .t; I~l'~ /.. .:a.~, ...f1 o '! "1 ~ " , ' , I '1'1 ,', I , , , 1" , " " " , " ". " " " ., ,I I " " , !' I 1 \l1j , " " " q " I'" " .." '.. , C..Ann LAW AMM""'A"Iil:", p,C. ,\ IIt)JtN~ 'r"l t'i ( t)l)N'\H,II)ft'\ ,\, I ,\~' ~H H\HIUJRN 1""""11 flOH I)hlt ~ 1\llX '1\ """.IY, ......11,..... 170~~,Il58& 11111 , 11.0.... w ,I " ZOE MARIE STERNER.BELLIDO, Plaintiff v, . IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA FAMILY DIVISION NO, q j' ,- &oc, e (,(}.I.,( .J LLff\-- CIVIL ACTION . LAW IN DIVORCE RAFAEL BLAS BELLIDO b efendant NOTICE TO DEFEND AND CLAIM ALL RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action within twenty (20) days, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable br~akdown of the marriage, you may reguest marriage counseling. A list of marriage counselors is available in the Office of the Court Administrator, Fourth Floor, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENt IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, 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. Court Administrator 4th Floor, Cumberland County Courthouse 1 Courthouse Square CarliSle, Pennsylvania 1701a Telephone: 117/240-6200 " " " " , ' i-I ", " " " , , " , , , , , " 'i , , 'j, " 'I ~ .. ;'1 " ,,' " "J " i' , , , , ,ill '.4.. 1 " " , , ", " " " 'I I I II, " " " " i 'I II , " " , ' , , " .' '. , CUlllI LAW A..umAtll.., P,C, ^ nll~Nfn" , IlIlN''''Il~' .III AW "1I H'IIII"IIN Ill'^" Ilt)\1 ~)~~Ir~ hUX ,,\ HII""n, ......".A.'A 1701$,001' r11""1.f1l.... . '" i ;) II' , , " " ,I! ., ',,11 , , '\1' lA $I J ,- ...r., .~.r l..'~) ~) ~'f .J t4: '" . .;, r.':'O.: :'!;~~~J " "", " .t'r .,th, JIJ r''''.', ,.;).. '--1' ~~ ;:-' " " - - ", f.I3 ~ " " ' " , " 'I " " , I _"J " " , , ,I " , , ", " I" \,J. , " ',II i I" " ,II, 'I " , , ., 'I f, , " , , " CUR. LA. AIIIIIII:'ATlII. p,C. AlltlMNHI ~ Il)lJNlfl1 OMI At 1,\\11 MIl f111"lIM",/I. 'All Pl)H OHIt J. hlh ", H......, ......."".... 17000,.... 111 'I f11"o"" ZOE MARIE STERNER-BELLIDO, . PlainU ff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION NO. 96 - 606 CIVIL ACTION - LAW IN DIVORCE RAFAEL BLAS BELLIOO b , efendant I, Gail C. Balliet, Legal Assistant in the firm of Clark Law Associates, P,C., hereby certify that I have this 27th day of February, 1995, served a final Order in re: Pet! tion for Special Relief in the above - captioned matter by deposi Ung a true and correct copy of same in the U,S. mail, postage pre- paid, addressed as follows: Rafael Blas Bellido 318 South 14th Street Harrisburg, PA 17101 BYl ,~h..l C & t f,;}- lam. Balt(~ tegal Assistant CLARK LAW ASSOCIATES, P.C. $26 Fishburn Road Post Offioe Box 65~ Hershey! PA 17033.0556 (717)+/533-4049 2. The Father shall have the right to periods of temporary custody of the children, as follows: A, WIlkindI: The Father shall have the right to have the children on two (2) weekends per month, beginning in June, 1995, from Saturday evening, not earlier than 6:00 pm, until Sunday evening, not later than 7:00 pm. Said pickup and delivery time shall include a two (2) hour window period from 5: 00 pm to 7: 00 pm on Saturday evening and likewise from 6:00 pm to 7:00 pm on Sunday evening, during which time the Father shall personally pick up the children from the Mother's residence and shall personally deliver the children to the Mother's residence. The Father shall give the Mother at least five (5) days advance notice of the weekend (s) that he wishes to exercise his right to temporary custody, as aforesaid. The Father shall have suitable and reasonable living, sleeping, and eating facilities for the children whom he opts to have during such weekend periods, and further, he shall either personally supervise the activities of said children during such temporary custody periods, or have the children properly supervised by an adult person who is known to and approved by the Mother. The Father may take less than all four (4) minor children at one time for his weekend periods of temporary custody, The Mother shall provide the children with suitable clothing and related necessities for their periods of visitation with the Father, and said clothing and other items shall be returned to the Mother when the children are 2 returned by the Father, as aforesaid. The Father shall give the Mother reasonable advance notice of any special circumstance or condition which may require specific clothing or other necessities for the children, B,~: The children shall remain with their Mother during the family holidays of New Year's Eve, New Year's Day, Easter Sunday, Thanksgiving Day, Christmas Eve, and Christmas Day. The Father shall have the right to visit with the children' at the residence of the Mother during those family holidays, on such terms and at such times as the parties may mutually agree. The parties shall also share the holidays of Memorial Day, Independence Day and labor Day, on which holidays the Father shall have the right to have temporary custody of the children, during such times, and according to such terms as the parties may mutually agree, The Father shall personally pick up and deliver the children at the residence of the Mother on such holidays. C, Other Times: The Mother and Father may arrange such other times of either temporary custody and/or visitation as they may mutually agree, However, no such additional periods of temporary custody and/or visitation shall be deemed or otherwise construed as a waiver or permanent modification of the terms and conditions of this Order. G, The Father shall be permitted to take a child or children away from the vicinity of Harrisburg, pennsylvania, for a distance not greater than two hundred fifty (250) radius miles G from Harrisburg, for on aforesaid period of temporary custody, wi thout the specific permission of the Court. However, the Father shall not, under any circumstances, take, or attempt to take, any of the children from the continental United States of America. 4. Neither the Mother nor the Father, nor any person acting either directly or indirectly on behalf of either party, shall have, obtain or attempt to obtain a passport for any of the said children, without the speoifio permission of the Court. 6. The Father shall continue to pay support for the children through agreement of the parties, or as a Court may hereafter direct. The Father shall also proVide full medical , hospital, dental, vision and prescription insurance for the children, as may be available through the Father's employer. And in any event, the Father shall be responsible for the payment of any uninsured, medical, hospital, dental, vision and prescription expenses for said children which are not covered by any available health insurance. 8. This Order shall amend and supersede the previous Order issued by this Court, dated February 3, 1995. 7, A copy of this Order shall be served upon the Sheriff of Cumberland County, the Hampden Township Police Department, the Lower Allen Township Police Department, and the Pennsylvania State Police, for notice and enforcement, as may be required, 6, A copy of this Order shall also be forwarded to the United States Department of State, for the purpose of enforcement of 4 3. The parties are the natural parents of the following minor children: $arah Giovanna Bellido Alexander Rafael Bellido Brianna Fanua Bellido alizabeth Oabina Bellido Born on December' 29, 1989 Born on September 1, 1991 Born on January 17, 1993 Born on Ootober 1, 1994 4, On February G, 1995, the Plaintiff, Zoe Marie Sterner- Bellido, filed a Consolidated Complaint In Divorce and a Complaint For Custody, against the Defendant, Rafael Bla8 Bellido, in Cumberland County, Pennsylvania, both actions being docketed to Civil Action No. 95-606, 6, In addition to the aforesaid Divorce and Custody actions, the Plaintiff, Zoe Marie Sterner-Bellido, filed ~n Application For Special ReUef concerning the custody of said children, which Application was granted by the Court, on February 3, 1996, wherein the said Plaintiff was temporarily granted full legal and physical custody of the said minor children, and further providing for limited Bupervised visitation of the said minor children by the Defendant, Rafael Bla8 Bel11do, and also providing for certain other restrictions and limitations concerning the said Defendant's access to, control of, and transportation of said minor children. 8. The parties have had an opportunity to consider and discU8S the continuing custody of their said minor children, and have entered into a Stipulation For Custody concerning the legal and physical custody of the said children, dated May 30, 1995, attached hereto, and marked as Exhibit "A". 2 IxhIbIt A G. The parties are the natural parents of the following minQr ohildren: Sarah Giovanna Bellido Alexander Rafael Bellido Brianna Fanua Bellido Elilabeth Gabina Bellido Born on December 29, 1989 Born on September 1, 1991 Born on January 17, 1993 Born on October 1, 1994 4, On February 3, 1995, the Plaintiff, Zoe Marie Sterner- Bellido, filed a Consolidated Complaint In Divorce and a Complaint For Custody, against the Defendant, Rafael Bla8 Bellido, in Cumberland County, pennsylvania, both actions being docketed to Civil Action No. 95-606. 5. In addition to the aforesaid Divorce and Custody actions, the Plaintiff, loe Marie Sterner..Bellido, filed an Application For Special Relief concerning the custody of said children, which Application was granted by the Court, on February G, 1995, wherein the said Plaintiff was temporarily granted full legal and physical custody of the said minor children, and further providing for limited superVised visitation of the said minor ohildren by the Defendant, Rafael Blas Bellido, and also providing for certain other restrictions and limitations concerning the said Defendant's access to, control of, and transportation of said minor children. 6. The parties have had an opportunity to consider and discUS8 the continUing custody of their said minor children, and now wish to enter into this Stipulation concerning the legal and physical oustody of the said children, as follows: 2 A. The Mother, Zoe Marie Sterner-Bel11do, shall have full legal and physical custody of the parties' minor children, Sarah Oiovanna Bellido, Alexander Rafael Bellido, Brianna Fanus Bel11do, and Elizabeth Oab~na Bellido, subject to the hereinafter stated riQhts of the Father, Rafael Bla8 Bellido, to periods of temporary custody and visitation. B. The Father shall have the right to periods of temporary custody of the children, as follows: Weekends: The Father shall have the right to have the children on two (2) weekends per month, beginning in June, 1995, from Saturday evening, not earlier than 5:00 pm, until Sunday evening, not later than 7:00 pm. Said pickup and delivery time shall include a two (2) hour window period from 5:00 pm to 7:00 pm on Saturday evening and likewise from 5:00 pm to 7:00 pm on Sunday evening, during which time the Father shall personally pickup the children from the Mother's residence and shall personally deliver the children to the Mother's residence, The Father shall give the Mother at least five (6) days advance notice of the weekend(s) that he wishes to exercise his right to temporary custOdy, as aforesaid. The Father agrees to have suitable and reasonable living, sleeping, and eating facilities for the children which he opts to have during such weekend periods, and further agrees to either personally supervise the activities of said children during such temporary custody periods, or have the children 3 properly supervised by an adult person who is known to and approved by the Mother. It is also understood and agreed that the Father may take less than all four (4) minor children at one time for his weekend periods of temporary custody. The Mother shall provide the children with suitable clothing and related necessities for their periods of visitation with the Father, and said clothing and other items shall be returned to the Mother when the children are returned by the Father, as aforesaid. The Father shall give the Mother reasonable advance notice of any special circumstance or condition which may require specific clothing or other necessities for the children. Holidays: The children shall remain with their Mother during the family holidays of New Year's Eve, New Year's Day, Easter Sunday, Thanksgiving Day, Christmas Eve, and Christmas Day, The Father shall have the right to visit with the children at the residence of the Mother during those family holidays, on such terms and at such times as the parties may mutually agree, The parties shall also share the holidays of MeMorial 'Day, Independence Day and Labor Day, on which holidays the Father shall have the right to have temporary custody of the children, during such times, and according to such terms as the parties may mutually agree. The Father shall personally pickup 4 and deliver the children at the residence of the Mother on such holidays. Other Times: The Mother and Father may agree to such other times of either temporary custody and/or visitation as they may mutually agree, tiowever, no such additional periods of temporary cllstody and/or visitation shall be deemed or otherwise construed as a waiver or permanent modification of the terms and conditions of this Stipulation. 7, The Father shall be permitted to take a child or children away from the vicinity of Harrisburg, Pennsylvania, for a distance not greater than two hundred fifty (250) radius miles from Harrisburg, for an afores~id period of temporary custody, without tile specific permission of the Court. However, the Father shall not, under any circumstances, take, or attempt to take any of the children from the continental United States of America, 8, Neither the Mother nor the Father, nor any person acting either directly or indirectly on either of their behalfs, shall have, obtain or attempt to obtain a passport for any of the said children, without the specific permission of the Court. 9, The Father shall continue to pay support for the children through agreement of the parties, or as a Court may hereafter direct, The Father shall also prov,ide full medical, dental, v,18ion and prescription insurance for the children, as may be available through the Father's employer. And in any event, the Father shall be responsible for the payment of any uninsured, 5 medioal, hospital, dental, vision and prescription expenses for said children which are not covered by any available health insurance. 10. Both parties acknowledge and oonfirm that they have had the full and complete opportunity to consult with legal counsel ooncerning. the terms, condi tions and meaning of this Stipulation, and that they are executing this Stipulation as their free, knowing and voluntary act, and intend to be legally bound hereby. 3 'I/.... IN WITNESS WHEREFORE, on this- 0 day of May, 1996, the Plaintiff/Mother, loe Marie Sterner-Bellido, and the Defendant/Father, Rafael BlaB Bellido, have executed this Stipulation, oonsisting of six (6) typewritten pages, and respectfully request the Court to accept thiB Stipulation concerning the custody of their minor children, Sarah Giovanna Bellido, Ale~ander Rafael Bellido, Brianna Fanua Bellido, and Elizabeth Gabina BelUdo, and to enter an Order whereby the terms and conditions of this Stipulation are made an Order Of Court. WITNESS: ~tJ/tAe 'j tfr' J)OXtl.J i neBS , ~~( rJl~ ,: <. ')7.. 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Balliet, Legal Assistant in the firm of Clark Law Associates, P.C" hereby certify that I have this 5th day of June, 1996, served a Custody Order in the above-oaptioned matter by depositing a true and correct copy of same in the U,S. mail, postage pre-paid, addressed as follows: Rafael Blas Bellido 498 High Street Elizabethtown, PA 17022 Sheriff of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Hampden Township Police Department 230 Sporting Hill Road Mechanicsburg, PA 17055 " Lower Allen Township Police Department 1993 Hummel Avenue Camp Hill, PA 17011 I." ,1, , '" I I '\' . \ I, I ,I I I Penn8ylvan1a State Police Barraok8 1601 Commeroe Avenue Oarlisle, PA 17013 United States Department of State ' OfUce of Passport Policy and Advisory Servioes Room 260 1111 19th Street NW Washington, DC 20522 BYI ~4fi~1 ~ Plt{ltcl- Gill C. Balliett egal Assistant CLARK LAW ASSOCIATES, P,C. 825 Fishburn Road Post Office Box 555 HersheYl PA 17033-0556 (717)+5\:13-4049 " " I 'I , , I I' , , ;1 ',1 " , , " , , , I , , 1"1