Preview
FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024
REPUBLIC OF ALBANIA
COURT HOUSE OF JUDICIAL CIRCLE OF
TIRANA
; . Act No: 4819 Decision No. 3739
VERDICT
REPUBLIC"
"IN THE NAME OF THE
The Court House of Judicial Circle of Tirana, composed by:
HONORABLE - DHURATA BALLA
Assisted by the judicial secretary Hajrie Axhani, today, this May 7, 2015, took into
examination, in a public judicial hearing the civil case, with act no. 4819 which
pertaining to:
PETITIONERS: 1. Petrit Gjokaza - son of Mark and Tone,
born on May 20, 1971, in Domgjon, Mirdite and resident
"Demokracia"
in Tirana, Street in Babrru. He has college
education, is widow and has two kids. He has never been
convicted, has Albanian citizenship and has full ability to act.
In this hearing he was represented by the lawyer
Juxhin Vrenozi, who is a member of Attorneys Chamber
In Tirana.
THIRD PARTY: 1. Artur Pepaj, son of Lulash and Rozina, born on
March 7, 1982 in Shkoder and resident in
3260 Lakeshore Drive, Mohegan Lake,
New York 10547, USA. In this hearing he was represented
the lawyer Juxhin Vrenozi, who is a member of Attorneys
Chamber In Tirana.
2. Donatela Ujka --daughter of Kel and Rozeta, born on 1980
In Shkodra and resident in 3260 Lakeshore Drive,
Mohegan Lake, New York 10547, USA.
In this hearing she was represented the lawyer
Juxhin Vrenozi, who is a member of Attorneys
Chamber In Tirana.
FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024
OBJECT: It is required the grant of consent for adoption of the
Children Uejvis and Alesia Gjokaza, from the Third
Party's representatives.
LEGAL BASIS: Based on the Article 240 and pursuant of Family Code,
. and on the Law dated December 1992
7560, 17,
"On Adoption Procedures of children from foreign
Citizens and on Albanian Adoption Committee".
At the end of the judicial sitting, after the administration of all the necessary
evidences and in the presence of petitioner Petrit Gjokaza, who is asking the acceptance
of this request after the object, and in the presence of the Third Party's representatives,
who also agreed with the acceptance of afore-said request. This law-court, after examined
the evidences and acts provided by the parties, the Psychological Assessment Act and
discussed the issue on the whole;
ASCERTAINED:
The petitioner Petrit Gjokaza is residing in Babrru, Tirane. Through a petition
addressed to the Court House of Judicial Circle of Tirana, he is requesting the grant of
consent for adoption of his children Klejvis and Alesia Gjokaza, by the Third party's
persons, Artur and Donatela Pepaj, which request is based on the Articles 246 and 247 of
Family Code.
Principally, this court ascertained that it is competent for the trial of this issue, in
reference to the article 247 of Family Code, since those children both reside in Tirana, in
which territory, this Court House has its territorial and juridical competences.
From the judicial examination it resulted as proved that: Petitioner Petrit Gjokaza
is the father of the children Klejvis and Alesia Gjokaza, for whom is requested the grant
of consent for adoption, and he has been married to the his late wife Arta Gjokaza, who
died on October 29, 2012, due to an untreatable diseases.
According to the statements given by petitioner and the Third Party's
representatives, in this judicial session, through their lawyer, actually the parental
responsibility on the above mentioned kids, is being exercised only by petitioner Petrit.
The third party's representatives in this hearing, are the children's uncle and his wife,
who are requesting to get the consent for this adoption. Currently, they are living in USA,
they are married and have a biological daughter, 6 months old, and they are requesting to
adopt the petitioner's kids, Klejvis and Alesia Gjokaza. They stated that they have good
living conditions, have a stable financial situation, also Mr. Pepaj's mother (who is the
grandmother of the children) lives with them, in USA. They are employed and get good
payments, which means that they do fulfill their needs. All these above mentioned facts,
were proved with evidences, provided by them. Also, in this judicial sitting it's taken into
FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024
consideration the psychological assessment act, prepared by the psychologist Laureta
Zaimi, who recommends that: there are completed all the necessary interviews regarding
the object of this trial and it resulted that: Father of the kids, Petrit Gjokaza agrees that his
kids be adopted by their uncle, as representatives of third party, Artur and Donatela
Pepaj, who also desire the same thing.
. During the interviews with the psychologist, the kid Klejvis Gjokaza, was expressed that
he has a good and strong relationship with his father and he would like to spend much
time with him. He stated that he has got his maximal attention, but in the mean time, he
also would like and agrees to get adopted and live with his uncle in USA and be under his
care, because he feels very close to him and their grandmother is there as well, who gives
. him the feeling of being closer to his mother. He also stated that he has a very good
relationship with the wife of his uncle, who has been very caring about them and she
wants to adopt the kids. They have provide good living conditions in a loving home and
family. Third party's representatives would like to adopt these children, with the
petitioner's consent, which he has already stated in front of a public notary with a notarial
declaration, but also in the judicial sessions, as a petitioner, while the third party's
representative accept this adoption by expressing their desire in the notarial declaration
dated February 16, 2015, issued in New York, in order to formalize this adoption and the
petitioner, by being based on the article 247 of Family Code, where is foreseen that "The
Court..."
consent for adoption is granted in front of the competent requested to express
their consent in front of the court, by referring to the article 246 of Family Code, where is
foreseen "For adoption of a child, it is required to have the consent of both his
parents....". The petitioner Petrit Gjokaza stated that he gives his consent with his free
will, in front of the court and he agrees for adoption of his children by the third party's
representatives Artur and Donatela Pepaj, as they have already created an affective
relationship with the children they want to adopt. The lawyer who is representing the
third party, presented evidences, which verify the conditions where the children are going
to live, by showing in this trial photos from the home environments in USA. He was also
connected with the psychologist, who through her assessment, guarantees to this court the
best interest of the children, if they will get adopted by their uncle. According to this
psychologist, these children are very social, they have a good mental and physical health,
they are energetic, they are able to communicate well, have fantasy and good creative
Caci"
abilities. Alesia is in fourth grade of elementary school "Skender and her school
marks are very good. She appears to have normal emotional condition and to be a normal
kid. The kids do not suffer of any genetic, acute or chronic diseases. Another fact, which
is very important, is that both kids have a very good relationship with their uncle and his
wife and the psychologist recommends to put them under the custody of their uncle,
Artur Pepaj, since they did grow up being very close to the uncle and grandmother.
In these circumstances, the court ascertained that the consent given from the
petitioner for adoption of the children Klejvis and Alesia Gjokaza, by the third party's
representatives, in conformity with articles 246, 247 of Family Code and there are not
any barriers for these cases, that are foreseen in the articles 243, 244 and 245 of Family
Code and it is also in conformity with articles 241 and 242 of this Code, since the third
party representatives are respected people in the community where they are living, they
FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024
do not have any economic problems and their incomes are sufficient to provide for these
children as well. They do apply and respect the laws of the state, where they are living
and there does not exist any court order to deny them their parental role. They are free of
any psychiatric or any other diseases, which could put in danger the children's life and
they guarantee to take good care of the children and that will do their parental role as
adoptive parents, in a correct way, regarding the wellbeing and education of the children.
All these above mentioned facts are proved with the notarial declaration, dated February
16, 2015, issued and signed by Artur and Donatela Pepaj, in front of the public notary
Luigj M. Shkreli, in the State of New York, USA.
It is also verified through their personal and family certificates that the citizens Artur and
Donatela Pepaj are married. Their financial situation is stable, which is verified with their
financial statements , issued by the respective institutions.
In this trial, the kid Klejvis Gjokaza, with his free will and consent, was asked.in the
presence of psychologist, who stated that he would be pleased to get adopted by his
uncle, he likes the life and his future in USA. He also appreciates the fact that his sister is
going to be with him and that he will meet his biological father often. He stated that he
likes to be adopted by in uncle in USA, because his grandmother lives there too and that
those two, are the only relatives of his mother, who is not alive.
With acceptance of the request for giving the consent for adoption of the children, this
Court has taken into consideration the best interest of the children, based on the articles 2
and 240 of Family Code, and on the Convent of Children's Rights Protection, on the
Instructions from the European Council, etc.
In the above mentioned circumstances, the Court evaluates that this request is
based on the law and evidences and being such, it should be accepted.
FOR THESE REASONS:
The Court based on the articles 126 and 306 of Civil Procedure Code and on the articles
240, 245, 246 and 247 of Family Code,
DECIDED
1. Acceptance of the request filed by petitioner Petrit Gjokaza.
2. The grant of consent by petitioner Petrit Gjokaza for adoption of the children
Cejvis and Alesia Gjokaza, respectively born on February 8, 2002 and August
19, 2005, by the citizens Artur Pepaj and Donatela Pepaj.
3. Adoption of the children Klejvis and Alesia Gjokaza can take place after three
nionths, from the grant of this consent.
4. Court expenses as they are already effected.
5. Against such verdict a complaint may be lodged with the Court of Appeals in
Tirana, within 15 days, starting from the next day of announcement.
It was announced in Tirana, today this May 7, 2015.
FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024
SECRETARY: RJDGE:
HAJRIE AXHANI DHURATA BALLA
(Signature) (Signature)
This verdict has become peremptory on May 22, 2015, since there were not any
. complaints.
Tirane, on May 25, 2015.
HEAD/SECRETARY: CHANCELLOR
MIMOZA CENAJ (LULAJ) EDMOND ADEMI
(Signature) (Signature/Seal)
S E A L/STAMP
FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024
REPUBLIKA E SHQIPERISE REPUBLICA D'ALBANTA
DHOMA E NOTERVE TIRANE NOTARIATO DI TIRANA
NR REP.
f ef
No. Rep. /0 JD
VERTETIM
AUTENTICATION OF SIGNATURE
Vertetohet nenshkrimi i perkthyeses
Aleksandra Gjoni me seli ne Tirane me nipt K I hereby attest the signature of the translator
31518018H e cila perktheu materalin nga Aleksandra Gjoni resident in Tirana , license
shqipja ne Anglisht dhe e nenshkroi rregullisht Nr. K31518018H personally known by me ,
parameje. who declares to have translated
authentically
into English the above from the original in
Tirane me 26. 07. 2016 Albanian and has duly signed in my presence.
Tirana, 26.07.2016 . ,. - . .
200
LEKE
)fPERISE
Preview
FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024 REPUBLIC OF ALBANIA COURT HOUSE OF JUDICIAL CIRCLE OF TIRANA ; . Act No: 4819 Decision No. 3739 VERDICT REPUBLIC" "IN THE NAME OF THE The Court House of Judicial Circle of Tirana, composed by: HONORABLE - DHURATA BALLA Assisted by the judicial secretary Hajrie Axhani, today, this May 7, 2015, took into examination, in a public judicial hearing the civil case, with act no. 4819 which pertaining to: PETITIONERS: 1. Petrit Gjokaza - son of Mark and Tone, born on May 20, 1971, in Domgjon, Mirdite and resident "Demokracia" in Tirana, Street in Babrru. He has college education, is widow and has two kids. He has never been convicted, has Albanian citizenship and has full ability to act. In this hearing he was represented by the lawyer Juxhin Vrenozi, who is a member of Attorneys Chamber In Tirana. THIRD PARTY: 1. Artur Pepaj, son of Lulash and Rozina, born on March 7, 1982 in Shkoder and resident in 3260 Lakeshore Drive, Mohegan Lake, New York 10547, USA. In this hearing he was represented the lawyer Juxhin Vrenozi, who is a member of Attorneys Chamber In Tirana. 2. Donatela Ujka --daughter of Kel and Rozeta, born on 1980 In Shkodra and resident in 3260 Lakeshore Drive, Mohegan Lake, New York 10547, USA. In this hearing she was represented the lawyer Juxhin Vrenozi, who is a member of Attorneys Chamber In Tirana. FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024 OBJECT: It is required the grant of consent for adoption of the Children Uejvis and Alesia Gjokaza, from the Third Party's representatives. LEGAL BASIS: Based on the Article 240 and pursuant of Family Code, . and on the Law dated December 1992 7560, 17, "On Adoption Procedures of children from foreign Citizens and on Albanian Adoption Committee". At the end of the judicial sitting, after the administration of all the necessary evidences and in the presence of petitioner Petrit Gjokaza, who is asking the acceptance of this request after the object, and in the presence of the Third Party's representatives, who also agreed with the acceptance of afore-said request. This law-court, after examined the evidences and acts provided by the parties, the Psychological Assessment Act and discussed the issue on the whole; ASCERTAINED: The petitioner Petrit Gjokaza is residing in Babrru, Tirane. Through a petition addressed to the Court House of Judicial Circle of Tirana, he is requesting the grant of consent for adoption of his children Klejvis and Alesia Gjokaza, by the Third party's persons, Artur and Donatela Pepaj, which request is based on the Articles 246 and 247 of Family Code. Principally, this court ascertained that it is competent for the trial of this issue, in reference to the article 247 of Family Code, since those children both reside in Tirana, in which territory, this Court House has its territorial and juridical competences. From the judicial examination it resulted as proved that: Petitioner Petrit Gjokaza is the father of the children Klejvis and Alesia Gjokaza, for whom is requested the grant of consent for adoption, and he has been married to the his late wife Arta Gjokaza, who died on October 29, 2012, due to an untreatable diseases. According to the statements given by petitioner and the Third Party's representatives, in this judicial session, through their lawyer, actually the parental responsibility on the above mentioned kids, is being exercised only by petitioner Petrit. The third party's representatives in this hearing, are the children's uncle and his wife, who are requesting to get the consent for this adoption. Currently, they are living in USA, they are married and have a biological daughter, 6 months old, and they are requesting to adopt the petitioner's kids, Klejvis and Alesia Gjokaza. They stated that they have good living conditions, have a stable financial situation, also Mr. Pepaj's mother (who is the grandmother of the children) lives with them, in USA. They are employed and get good payments, which means that they do fulfill their needs. All these above mentioned facts, were proved with evidences, provided by them. Also, in this judicial sitting it's taken into FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024 consideration the psychological assessment act, prepared by the psychologist Laureta Zaimi, who recommends that: there are completed all the necessary interviews regarding the object of this trial and it resulted that: Father of the kids, Petrit Gjokaza agrees that his kids be adopted by their uncle, as representatives of third party, Artur and Donatela Pepaj, who also desire the same thing. . During the interviews with the psychologist, the kid Klejvis Gjokaza, was expressed that he has a good and strong relationship with his father and he would like to spend much time with him. He stated that he has got his maximal attention, but in the mean time, he also would like and agrees to get adopted and live with his uncle in USA and be under his care, because he feels very close to him and their grandmother is there as well, who gives . him the feeling of being closer to his mother. He also stated that he has a very good relationship with the wife of his uncle, who has been very caring about them and she wants to adopt the kids. They have provide good living conditions in a loving home and family. Third party's representatives would like to adopt these children, with the petitioner's consent, which he has already stated in front of a public notary with a notarial declaration, but also in the judicial sessions, as a petitioner, while the third party's representative accept this adoption by expressing their desire in the notarial declaration dated February 16, 2015, issued in New York, in order to formalize this adoption and the petitioner, by being based on the article 247 of Family Code, where is foreseen that "The Court..." consent for adoption is granted in front of the competent requested to express their consent in front of the court, by referring to the article 246 of Family Code, where is foreseen "For adoption of a child, it is required to have the consent of both his parents....". The petitioner Petrit Gjokaza stated that he gives his consent with his free will, in front of the court and he agrees for adoption of his children by the third party's representatives Artur and Donatela Pepaj, as they have already created an affective relationship with the children they want to adopt. The lawyer who is representing the third party, presented evidences, which verify the conditions where the children are going to live, by showing in this trial photos from the home environments in USA. He was also connected with the psychologist, who through her assessment, guarantees to this court the best interest of the children, if they will get adopted by their uncle. According to this psychologist, these children are very social, they have a good mental and physical health, they are energetic, they are able to communicate well, have fantasy and good creative Caci" abilities. Alesia is in fourth grade of elementary school "Skender and her school marks are very good. She appears to have normal emotional condition and to be a normal kid. The kids do not suffer of any genetic, acute or chronic diseases. Another fact, which is very important, is that both kids have a very good relationship with their uncle and his wife and the psychologist recommends to put them under the custody of their uncle, Artur Pepaj, since they did grow up being very close to the uncle and grandmother. In these circumstances, the court ascertained that the consent given from the petitioner for adoption of the children Klejvis and Alesia Gjokaza, by the third party's representatives, in conformity with articles 246, 247 of Family Code and there are not any barriers for these cases, that are foreseen in the articles 243, 244 and 245 of Family Code and it is also in conformity with articles 241 and 242 of this Code, since the third party representatives are respected people in the community where they are living, they FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024 do not have any economic problems and their incomes are sufficient to provide for these children as well. They do apply and respect the laws of the state, where they are living and there does not exist any court order to deny them their parental role. They are free of any psychiatric or any other diseases, which could put in danger the children's life and they guarantee to take good care of the children and that will do their parental role as adoptive parents, in a correct way, regarding the wellbeing and education of the children. All these above mentioned facts are proved with the notarial declaration, dated February 16, 2015, issued and signed by Artur and Donatela Pepaj, in front of the public notary Luigj M. Shkreli, in the State of New York, USA. It is also verified through their personal and family certificates that the citizens Artur and Donatela Pepaj are married. Their financial situation is stable, which is verified with their financial statements , issued by the respective institutions. In this trial, the kid Klejvis Gjokaza, with his free will and consent, was asked.in the presence of psychologist, who stated that he would be pleased to get adopted by his uncle, he likes the life and his future in USA. He also appreciates the fact that his sister is going to be with him and that he will meet his biological father often. He stated that he likes to be adopted by in uncle in USA, because his grandmother lives there too and that those two, are the only relatives of his mother, who is not alive. With acceptance of the request for giving the consent for adoption of the children, this Court has taken into consideration the best interest of the children, based on the articles 2 and 240 of Family Code, and on the Convent of Children's Rights Protection, on the Instructions from the European Council, etc. In the above mentioned circumstances, the Court evaluates that this request is based on the law and evidences and being such, it should be accepted. FOR THESE REASONS: The Court based on the articles 126 and 306 of Civil Procedure Code and on the articles 240, 245, 246 and 247 of Family Code, DECIDED 1. Acceptance of the request filed by petitioner Petrit Gjokaza. 2. The grant of consent by petitioner Petrit Gjokaza for adoption of the children Cejvis and Alesia Gjokaza, respectively born on February 8, 2002 and August 19, 2005, by the citizens Artur Pepaj and Donatela Pepaj. 3. Adoption of the children Klejvis and Alesia Gjokaza can take place after three nionths, from the grant of this consent. 4. Court expenses as they are already effected. 5. Against such verdict a complaint may be lodged with the Court of Appeals in Tirana, within 15 days, starting from the next day of announcement. It was announced in Tirana, today this May 7, 2015. FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024 SECRETARY: RJDGE: HAJRIE AXHANI DHURATA BALLA (Signature) (Signature) This verdict has become peremptory on May 22, 2015, since there were not any . complaints. Tirane, on May 25, 2015. HEAD/SECRETARY: CHANCELLOR MIMOZA CENAJ (LULAJ) EDMOND ADEMI (Signature) (Signature/Seal) S E A L/STAMP FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024 REPUBLIKA E SHQIPERISE REPUBLICA D'ALBANTA DHOMA E NOTERVE TIRANE NOTARIATO DI TIRANA NR REP. f ef No. Rep. /0 JD VERTETIM AUTENTICATION OF SIGNATURE Vertetohet nenshkrimi i perkthyeses Aleksandra Gjoni me seli ne Tirane me nipt K I hereby attest the signature of the translator 31518018H e cila perktheu materalin nga Aleksandra Gjoni resident in Tirana , license shqipja ne Anglisht dhe e nenshkroi rregullisht Nr. K31518018H personally known by me , parameje. who declares to have translated authentically into English the above from the original in Tirane me 26. 07. 2016 Albanian and has duly signed in my presence. Tirana, 26.07.2016 . ,. - . . 200 LEKE )fPERISE