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HomeMy WebLinkAbout97-03029 .~ ... " a ~ r ~ o .... ~ o ~ ~ ...... . . ~ .... CJ ~ o ('() . t"- o-- . ~ \ ~ ? ". Dreama Tenorio, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- 3~..c~ Cv.."tJI-r;...... Jose Tenorio, Defendant CUSTODY PETITION FOR SPECIAL RELIEF The petitioner by and through her attorney, Joan Carey of Legal Services Inc., represents the following: 1. The plaintiff, Dreama Tenorio, hereinafter referred to as the mother, resides at 401 East Neff Avenue, Shippensburg, Cumberland County, Pennsylvania 17013. 2. The last known address of the defendant, Jose Tenorio, hereinafter referred to as the father, was 401 East Neff Avenue, Shippensburg, Cumberland County, Pennsylvania 17013; however, the location of his current residence is unknown to the plaintiff. 3. The parties are the parents of Selena Luisa Tenorio. 4. The mother has filed a Complaint for Custody, and a conciliation conference will be scheduled. 5. The best interest and welfare of the child will be served by granting primary physical custody to the mother for reasons including, but not limited to the following: a. Since the child's birth, the mother has been the primary caretaker of the child. b. On May 26, 1997, the father abrubtly left the marital residence, and to the best of the mother's knowledge, he left the state of Pennsylvania. c. The mother recently discovered that the father, an illegal alien, was married to a Mexican woman at the time of his marriage to the mother, and that he has never been legally divorced. To the best of the mother's knowledge, the Mexican wife came to the United states and is currently with the father. d. On or about May 27, 1997, the father contacted the mother by phone; her telephone identification system indicated that the call came from Clinton, North Carolina. The father threatened that he planned to take the child and make it impossible for the mother to see the child again. 6. Without the court's intervention, the mother fears irreparable harm, including the father's fleaing the country with the child, taking the child to Mexico, where the father has extended family. WHEREFORE, the plaintiff, Dreama Tenorio, requests that this court grant her temporary custody of the child, Selena Luisa Tenorio, pending further Order of Court. The plaintiff further requests any other relief which is just and proper. Respectfully submitted, (I ~A' ._// ~r~-~,.. , Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 Dreama Tenorio, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- JOd... 9 CUSTODY Jose Tenorio, Defendant ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before \.\~ ,\:--.e-r\- '/.. G" \ro,+-, the conci 1 i ator, at 'lFI(rrJ..,.,,,,Q,, (\ITb-,lffidr" (0 (-\"\'1,(o;m the --LL- day of ~, 1997, at \O'.()() a.m., 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By the Court, ~I \ O~Jbl Y. J1d?17~,6t C stody Conci 1 iator I. 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 CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. .. Dreama Tenorio, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- CUSTODY Jose Tenorio, Defendant COMPLAINT FOR CUSTODY 1. The plaintiff, Dreama Tenorio, hereinafter referred to as the mother, resides at 401 East Neff Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The last known address of the defendant, Jose Tenorio, hereinafter referred to as the father, was 401 East Neff Avenue, Shippensburg, Cumberland County, Pennsylvania 17013; the defendant's current residence is unknown to the plaintiff. 3. The plaintiff seeks custody of the following child: Present Residence AQe 401 East Neff Avenue 1 yr. old Shippensburg, PA The child was not born out of wedlock. Name Selena Luisa Tenorio The child is presently in the custody of the mother, who resides at 401 East Neff Avenue, Shippensburg, Pennsylvania. During the child's lifetime, she has resided with the following persons and at the following addresses: ~ Address Date Dreama Tenorio Apartment 2a B, Spring Street 11/94 to Jose Tenorio Shippensburg, PA 11/96 Dreama Tenorio 401 East Neff Avenue 11/96 to Jose Tenorio Shippensburg, PA OS/26/97 Dreama Tenorio 401 East Neff Avenue OS/26/97 to Shippensburg, PA present The mother of the child currently resides at 401 East Neff Avenue, Shippensburg, Pennsylvania, She is married to the father, but is not certain as to the validity of the marriage. The father of the child resides at 401 East Neff Avenue, Shippensburg, Pennsylvania; however, his current residence is unknown to the plaintiff. He is married. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following person: ~ RelationshiD Selena Luisa Tenorio Daughter 5. The relationship of defendant to the child is that of father. The plaintiff does not know with whom the defendant currently resides. 6. The mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. a. 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, but not limited to, the following: a. Since the child's birth, the mother has been the primary caretaker of the child. b. On May 26, 1997, the father abruptly left the marital residence, and to the best of the mother's knowledge, he left the state of Pennsylvania. c, The mother recently discovered that the father was married to a Mexican woman at the time of his marriage to the mother, and that he has never been legally divorced. To the best of the mother's knowledge, the Mexican wife came to the United states and is currently with the father. d. On or about May 27, 1997, the father contacted the mother by phone; her telephone identification system indicated that the call came from Clinton, North Carolina. The father threatened that he planned to take the child and make it impossible for the mother to see the child again. e. The mother fears that the father, who is an illegal alien who came to this country from Mexico, will flea the country with the child, taking the child to Mexico, where he has extended family. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action, r:: ('I 0' .-. (~ IU'-+ .' U C" '0' '..... ", Co? ~. fi'~ '.n '. :_J, :+J u. ~ t. 0 :.'- ", r~ u c" Dreama Tenorio, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . . . CUMBERLAND COUNTY, PENNSYLVANIA . vs. . NO. 97- .10d..7 . . . Jose Tenorio, . CUSTODY . Defendant . . PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Dreama Tenorio, the plaintiff, to proceed in forma oauoeris. I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ~:f!~m-f<- Attorney for P aintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 Pension and annuities: n/a Social Security benefits:5632- SSI support payments: n/a Disability payments: n/a Unemployment compensation and supplemental benefits: n/a Workman's compensation: n/a public Assistance: ADoroximatelv 590- Food Stamos other: n/a (d) Other contributions to household support (Wife (Husband) Name: n/a If your (husband) (wife) is employed, state Salary or wages per month: D1s- Employer: n/a Type of work: n/a Contributions from children: n/a (e) property owned Cash: n/a Checking Account: 55.00 Savings Account: 56.50 certificates of Deposit: n/a Real Estate (including home): n/a Motor vehicle: Make Plymouth 1986 Year Cost Aooroximatelv 51.000 Amount Owed n/a stocks; bonds: n/a other:n/a ,,>. ('I /l~ C'-: l~~' U./..; J.~ C J. .~:;~ rt: I.f~ . ."<~ Of' t 6. \n :I) I .- ld.. ':.J. J li..: "- .-.., 't.J f .. " 'd... l~ r- ,.. l..' o~ .I '. @JUl30 1997 DREAMA TENORIO, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . JOSE TENORIO, Defendant :NO: 97 - 3029 :IN CUSTODY COURT ORDER AND NOW, this /7t/l.J day of July, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Court Room No. '-I of the CumQerland County Courthouse on the ~day of (~a-4.lu~ , 1997 at 9~m. at which time testimony will be taken in this case. The Mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties themselves shall file with the Court a memorandum setting forth the history of custody in this case, the issues currently before the Court, each party's position on custody, a list of witnesses that will be called to testify and the anticipated testimony of each witness. Additionally, this memorandum shall provide the Court with legal authority with respect to the Court's ability to impose any type of bonding requirements or other restrictions on the Father with respect to Father's compliance with any custody order entered by this Court. This memorandum shall be filed at least ten (10) days prior to the hearing date. At the hearing, the Father is directed to produce proof concerning his residency status in the United States. This matter shall be addressed as the first order of business and prior to the taking of other testimony. 2. Pending further Order of this Court, the following temporary custody order is entered: 1. A. The Mother, Dreama Tenorio, and the Father, Jose Tenorio, shall enjoy shared legal custody of Selena Luisa Tenorio born December 2, 1995. B. The Mother shall enjoy primary physical custody of the minor child. C, The Father shall enjoy temporary physical custody of the minor child under a supervised setting pursuant to an arrangement agreed upon by the Mother. Upon two days DREAMA TENORIO, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . v :CIVIL ACTION - LAW . . JOSE TENORIO, Defendant :NO: 97 - 3029 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Selena Luisa Tenorio, born December 2, 1995. 2. A Conciliation Conference was held on July 11, 1997, with the following individuals in attendance: The Mother, Dreama Tenorio, with her counsel Joan Carey, Esquire. The Father, Jose Tenorio, appeared without counsel. He is Mexican and claims he does not speak English. His friend, John Pena, appeared to translate. 3. Mother and Father were married February 14, 1994. The child in question was born December 2, 1995. The parties lived together during the marriage up until May of 1997 when the Father left the marital residence. 4. The undisputed facts are that the Father is an illegal alien. He is now living in Virginia with a woman to whom he is married also having being married to this woman in Mexico. He has six children to that other woman, three of whom live in Mexico. Mother resides in Shippensburg. She acknowledges that she knew the Father was an illegal alien and knew he had other children. She suggests she thought the father had previously divorced. 5. Mother has physical custody of the minor child. Father suggests since he is now in Court upon the petition of the Mother that he should have custody of the minor child. Father makes this suggestion even though Father did not retain an attorney nor did Father file any legal documents in this particular case. 6. The obvious concerns of a custody order are that the Father may abscond with the child and that there would be no method to enforce any custody order in Pennsylvania. The fact that Father is an illegal alien coupled with the facts that he is now living out of state and he is living with a woman to whom ;J -- c' C ,r; ..:: ..... ...' !'. I'~ t' ,~ , ~': .. C) , '. , ''-'': j..: , ,. '-' ~"i (" I " , (""o' J: C" W\~. ('oj Ll~ 1 -' , c ! i:: c:: - .'.~ l.'. ,- U 0 ;0'