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HomeMy WebLinkAbout07-5733 SUE A. LEMUS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007- 37,3.3 CIVIL TERM RUBEN E. LEMUS, CIVIL ACTION-LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Sue A. Lemus, an adult individual who resides at 34 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania, 17015-9041. 2. The Defendant is Ruben E. Lemus, an adult individual who currently resides in Guatemala. 3. The parties are the parents of two minor children: Kiana Ann Elvirita Lemus, born December 3, 1996 and Effie Manuela Lemus, born June 15, 2003. The children were born in wedlock. The children are presently in the custody of the Plaintiff at 34 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania, 17015-9041. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates Sue A. Lemus 34 Teaberry Drive April, 2007 to Angel P. Oliva Carlisle, Pennsylvania Present Christian Oliva Sue A. Lemus 1115 Windsor Road November, 2006 to Mechanicsburg, Pennsylvania April, 2007 Sue A. Lemus 2470 Ritner Highway August 2005 to Carlisle, Pennsylvania November, 2006 Sue A. Lemus and 2470 Ritner Highway 2002 to Ruben E. Lemur Carlisle, Pennsylvania August, 2005 The natural father of the children is Ruben E. Lemus, residing currently in Guatemala. He is married to Claudia Lemur. The natural mother of the children is Sue A. Lemus, residing at 34 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania, 17015-9041. She is not married. 4. The relationship of the Plaintiff to the children is that of natural mother. The plaintiff currently resides with the following persons: Names Relationship Kiana Ann Elvirita Lemus Daughter Effie Manuela Lemus Daughter Angel P. Oliva Fiance Christian Oliva Fiance's Son 5. The relationship of the Defendant to the children is that of natural father. The defendant currently resides with the following persons: Names Claudia Lemus Relationship Wife 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. NONE. WHEREFORE, Plaintiff requests your Honorable Court to grant her shared legal and primary physical custody of the children. Respectfully submitted, David A. Baric, Esquire I.D. No. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff SUE A. LEMUS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. N0.2007- CIVIL TERM RUBEN E. LEMUS, CIVIL ACTION-LAW Defendant IN CUSTODY VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. DATE: September 10, 2007 Sue A. emus ,~ ~ Q r t "~ -~ ~~~1 - .. a~ -n - _~ _ ~ `~ ~, :~ ~ ; ~~_ --;~, ~. -,-, ~~ ~~' SUE A. LEMUS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-5733 CIVIL ACTION LAW RUBEN E. LEMUS IN CUSTODY DEFF.,NDANT ORDER OF COURT AND NOW, Wednesday, October 10, 2007 ,upon. consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 24, 2007 at 1:00 PM for aPre-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/ ohn .Man an r. Es . Custody Conciliator 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 hearing 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~" ~ f~ ~~~~ ~ ~ c.J~ 0/ ~i „~V ~? ~ i ~~~~~~ 8 ~ X21 ~d O 1 1~4 l4~Z A~lt~f~~~~~ ~.G~#~ ~1.~ 3~rzsC~-C1~`1€~ OCT 3120a7r~ SUE A. LEMUS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V, : N0.2007-5733 CIVIL ACTION -LAW RUBEN E. LEMUS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 30~' day of October, 2007, the parties having reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~V~ acq line M. Verney, Esquire, ustody Conciliator y- ~,. ~ ~:' ~.~t ~ cv c~- '. " -~ { ~~ ~~ ...,.,f ~ ~~ rl ~ p jl.e ~ Ll,,, P-r - ' ~... d "` C+~ SUE A. LEMUS, Plaintiff v. RUBEN E. LEMUS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2007- 5733 CIVIL TERM CIVIL ACTION-LAW 1N CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION is entered into the ,~ day of 4 t?V~?.YYI~Q.IZ , 2007, by and between Sue A. Lemus (hereinafter referred to as "Mother") and Ruben E. Lemus (hereinafter referred to as "Father") WHEREAS, the parties are the natural parents of the children, Kiana Ann Elvirita Lemus, born December 3, 1996 and Effie Manuela Lemus, born June 15, 2006 (hereinafter referred to as "children"); and, WHEREAS, the parties are divorced; and, WHEREAS, the parties wish to enter into an agreement relative to the custody of their children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. Mother and Father have shared legal custody of the children. Notwithstanding the foregoing, Mother shall have sole legal custody for the limited purpose of obtaining a passport for the children and Mother may complete a passport application without Father's signature., 2. Mother shall have primary physical custody of the children. 3. Father shall have partial custody of the children as the parties may mutually agree. 4. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health and ~, well being of the children are protected. 5. Neither party may remove the children outside of a fifty mile area from the borders of Cumberland County, Pennsylvania without the express consent of the other party. 6. The parties shall not do anything which may estrange the children from the other parties, or injure the opinion of the children as to the other parties or which may hamper the free and natural development of the children's love or affection for the other parties. 7. The parties may deviate from this schedule when the best interests of the children require them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. The parties acknowledge that they have read and understand the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: . '~`_ Sue A. Lemus ~~S JUI~.rt~ ~,~,Y1¢.?,i _S~Ruben E. Lemus ~` `.:.~ ~ - ~ W; ~ ~ c1 ~-~ r -_: ~ ~ ~ ca= _.zr te : ~ -~ m ~~ r , s ~ yyy6yyy--~+~~~,y/// w ' ` i v Nov i 9 2007 ~~Y ~ SUE A. LEMUS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2007- 5733 CIVIL TERM RUBEN E. LEMUS, CIVIL ACTION-LAW Defendant IN CUSTODY ORDER ~~O,~,F~l COURT AND NOW, this ~i day of ~ ~n~'? , 2007, the Court adopts the following Stipulation and Agreement as an Order of Court, with respect to the following children: Kiana Ann Elvirita Lemus, born December 3, 1996 and Effie Manuela Lemus, born June 15, 2003 (hereinafter referred to as "Children") 1. Mother and Father have shared legal custody of the children. Notwithstanding the foregoing, Mother shall have sole legal custody for the limited purpose of obtaining a passport for the children and Mother may complete a passport application without Father's signature. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial custody of the children as the parties may mutually agree. 4. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health and well being of the children are protected. 5. Neither party may remove the children outside of a fifty mile area from the borders of Cumberland County, Pennsylvania without the express consent of the other party. 6. The parties shall not do anything which may estrange the children from the other parties, or injure the opinion of the children as to the other parties or which may hamper the free and natural development of the children's love or affection for the other parties. M~ 7. The parties may deviate from this schedule when the best interests of the children require them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. 8• The parties acknowledge that they have read and understand the provisions of this Agreement. J. ~vid A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 ,/Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, Pennsylvania 17013 V „ (` n~ /e' 1 n~ V ~~a ZS .E ldd I Z P~OP~ t~~Z A~.'L~~vvi 3.~4~:Vd ~l-~. ~a SUE A. LEMUS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA,, V. ,,I ZI ( 2007-5733 CIVIL ACTION LAW =.. RUBEN E. LEMUS a IN CUSTODY DEFENDANT r ORDER OF COURT AND NOW, Thursday, October 20, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, November 23, 2011 at 1:30 PM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john. Mangan, r. ES q- Custody Conciliator 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 hearing 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 32 South Bedford Street Carlisle, Pennsylvania 17013 In al ?ea/ C/ Telephone (717) 249-3166 ?? v?i