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HomeMy WebLinkAbout02-4846DENI CASSEL PLAINTIFF SAMUEL E. CRUZ DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.:~al ./g~'q~,CMk TERM : CIVIL ACTION -- LAW COMPLAINT FOR CUSTODY 1. The Plaintiff is Deni Cassel, residing at 10 Marshall Drive, Apt. 1-17, Camp Hill, Cumberland County, Pennsylvania. The Plaintiff currently resides with her boyfriend, Jose Antonio Lopez, and their daughter. 2. The Defendant is Samuel E. Cruz, residing at lA Aspen Lane, Carlisle, Cumberland County, Pennsylvania. The Defendant currently resides with his mother, Christie Mohn, his mother's boyfriend, Ramone Lopez, and his girlfriend. 3. The Plaintiff seeks custody of the following child: Name Jordan D'Anthony Cmz Present Residence Age 10 Marshall Drive, Apt. 1-17, Camp Hill, PA 2 years The child was bom on October 18, 1999. He is presently in the custody of Deni Cassel who resides at 10 Marshall Drive, Apt. 1-17, Camp Hill, Pennsylvania. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Ad&ess Date 1. Deni Cassel lA Aspen Lane October 18, 1999- Samuel Cruz Carlisle, PA August 2000 2. Deni Cassel 4101 Nantucket Drive August 2000 - Mechanicsburg, PA August 2001 3. Deni Cassel 510 Ohio Avenue August 2001 - Lemoyne, PA April 2002 4. Deni Cassel 10 Marshall Drive, Apt. 1-17 April 2002 - Camp Hill, PA Present The mother of the child is Deni Cassel, currendy residing at 10 Marshall Drive, Apt. 1-17, Camp Hill, Pennsylvania. She is not married. The father of the child is Samuel E. Cruz currently residing at lA Aspen Lane, Carlisle, Pennsylvania. He is not married. 4. The relationship of Plaintiff to the child is that of Mother. 5. The relationship of Defendant to the child is that of Father. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 7. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The mother has been the primary caregiver of the child from his birth. She has: 1.) planned and prepared meals 2.) bathed, groomed and dressed the child 3.) purchased, cleaned and cared for the child's clotking 4.) arranged medical care, including nursing and trips to physicians 5.) arranged alternative daycare 6.) put the child to bed nightly, attended the child in the middle of the night, awaken the child in the morning b. The child has a psychological bond with Mother; c. Mother has been extremely accommodating to Father's schedule and has remained flexible to allow his visitation; d. Mother continues to provide a stable environment for the child; e. Father has repeatedly been uncooperative in reaching agreements regarding the custody of Jordan and other issues involving their relationship; 10. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff prays that This Honorable Court grant her primary physical custody of their child. Date: October yd, 2002 Respectfully submitted, ABOM & KUTULAKIS, L.£.P. 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 ~tttome~ for Plaintiff VERIFICATION I, Deni Cassel, hereby verify that the facts set forth in the foregoing Custody Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 24904, relating to unsworn falsification to authorities. Date: DENI CASSEL PLAINTIFF SAMUEL E. CRUZ DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: CWIL TEPOa : : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 3rd day of October, 2002, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint upon the Defendant by placing or causing to be placed said copy in the United States Mail, Certified, return receipt requested, addressed as follows: Samuel E. Cruz lA Aspen Lane Carlisle, PA 17013 Kara W. Haggerty, t~re Attorney I.D. No. 86914 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 24%0900 ~4/torne_y for Plainliff DENI CASSEL PLAINTIFF V. SAMUEL E. CRUZ DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 024846 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, October 07, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, November 01, 2002 at 9:30 AM 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, By: /s/ Hubert X. Gilrov. Esa. ~ Custody Conciliator' 0 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 heating 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, Pennsylvania 17013 Telephone (717) 249-3166 NOV 0 0 2002 DENI CASSEL, Plaintiff V SAMUEL E. CRUZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : : NO. 02 - 4846 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this ~day of November, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Deni Cassel, and the Father, Samuel E. Cruz, shall enjoy shared legal custody of Jordan D'Anthony Cruz, boru October 18, 1999. 2. The Mother shall enjoy primary physical custody of the minor child. e The Father shall enjoy periods of temporary physical custody with the minor child as follows: Ae Alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. B. Every Wednesday from 5:00 p.m. until Thursday at 6:00 p.m. C. At such other times as the parties agree. The Christmas holiday shall be handled every year with Mother having custody on Christmas Eve through Christmas Day at Noon, with Father having custody on Christmas Day at Noon until December 26~ at Noon. Se The Thanksgiving holiday shall be split equally every year with Mother having the child from 9:00 a.m. until 3:00 p.m. and the Father having the child from 3:00 p.m. until 9:00 p.m. The parties shall also alternate or share major holidays to include New Year's Day, Easter, Memorial Day, July 4th and Labor Day. e Each party shall be entitled to have a one week vacation with the minor child during the summer months, on the condition that they advise the other parent at least 30 days in advance as to when they intend to exercise the vacation. 10. 11. 12. Mother shall always have custody of the minor child on Mother's Day and the Father shall always have custody of the minor child on Father's Day. This provision shall supercede the alternating weekend schedule. The parties shall make arrangements to split, if possible, custody on the child's birthday or, in the alternative, to ensure that the non-custodial parent has the child either the day before or the day after the child's birthday. Transportation for exchange of custody sh.'dl be shared with the parties working out an arrangement where they either pick a mutually convenient point equidistant between their homes for pick up or drop off or they share transportation with one party delivering the child to the other parent and that parent then delivering the child back to the non-custodial parent. The non-custodial parent shall enjoy reasonable telephone contact with the minor child. Father shall also ensure that he has the obligation of maintaining custody for one week starting March 15, 2002 in order for Mother to make plans for a trip. 13. This Order is entered pursuant to an agreement reached at a custody conciliation conference. The parties may modify this order by agreement between themselves. Absent an agreement, this order shall control. In the event either party desires to modify the court order, that party may petition the court to have the case again scheduled with the custody conciliator. Kara W. Haggerty, Esquire Timothy J. O'Conneli, Esquire 9-. DENI CASSEL, Plaintiff V SAMUEL E. CRUZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 4846 CIVIL : IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Cunciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Jordan D'Anthony Cruz, born October 18, 1999. A Conciliation Conference was held on November 1, 2002, with the following individuals in attendance: The Mother, Deni Cassel, with her counsel, Kara W. Haggerty, Esquire; and the Father, Samuel E. Cruz, with his counsel, Timothy J. O'Connell, Esquire. The parties agree to the entry of an order in the form as attached.