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Home My WebLink About07-6189p BRANDON JOHN CRUZ, SR., Plaintiff V. LEIANI ALICEA Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CASE NO. d 7 --a 1?'? c a i : CIVIL ACTION - LAW : IN CUSTODY NOTICE TO DEFEND AND CLAIM 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. 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 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 breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, York, 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 BRANDON JOHN CRUZ, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CASE NO. 07 - LEIANI ALICEA : CIVIL ACTION - LAW Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the above-named Plaintiff, Brandon John Cruz, Sr., by his attorney, Mark A. Mateya, Esquire, and seeks to obtain custody of JENNICCA LEE CRUZ, born August 16, 2000, BRANDON JOHN CRUZ, JR., born January 3, 2002. COUNT I - COMPLAINT FOR CUSTODY 1. Plaintiff is Brandon Cruz, an adult individual who currently resides at an undisclosed location in Cumberland County, Pennsylvania. Mr. Cruz's address is being withheld due to Defendant's prior threats against his life. 2. All legal papers may be served on Plaintiff by service on his Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, Pennsylvania 17007. 3. Defendant is Leiani Alicea, an adult individual who currently resides at 126 Lewisberry Road,, New Cumberland, York County, Pennsylvania 17070. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. Plaintiff seeks custody of JENNICCA LEE CRUZ, born August 16, 2000, and BRANDON JOHN CRUZ, born January 3, 2002 (hereinafter the children) , who currently reside at an undisclosed location in Cumberland County, Pennsylvania. 6. The children were born out of wedlock. 7. The children are presently in the custody of Plaintiff, Brandon John Cruz, Sr. and Kia Washington, who currently reside at an undisclosed location in Cumberland County, Pennsylvania. 8. During the past five years the children have resided with the following persons at the following addresses: Chuck, at A. From 9/02 - 4/03 - With Brandon John Cruz, Sr., and 47 A. Hall Manor, Harrisburg, PA. B. From 4/03 - 5/04 - With Brandon John Cruz, Sr., at 47 A Hall Manor, Harrisburg, PA. C. From 5/03 - 7/1/05 - With Leiani Alicea, maternal grandparents, uncle and Defendant's boyfriend, Abraham Cruz at 47 A Hall Manor, Harrisburg, PA. D. From 7/1/05 - 2/8/06 - With Leiani Alicea and Geraldo Rodriguez, at Middlesex, PA. E. From 2/08/06 - Present - With Brandon John Cruz, Sr., Kia Washington and Tatiana Lanae Cruz, at an undisclosed location in Cumberland County, PA. 9. The mother of the children is Leiani Alicea, and she has a present address of 126 Lewisberry Road, New Cumberland, York County, Pennsylvania. 10. The father of the children, Brandon Cruz, has a present address at an undisclosed location in Cumberland County, Pennsylvania. 11. The relationship of the Plaintiff to the children is that of natural father. 12. The relationship of the Defendant to the children is that of natural mother. 13. The Plaintiff has participated as a party in an action brought by Plaintiff for a Protection from Abuse action which case is listed at Docket No. 2006CV 1313 ab in the Court of Common Pleas of Dauphin County, Pennsylvania. 14. A Protection from Abuse Order against Defendant, Leiani Alicea has been in place from April 7, 2006 until October 7, 2007. As a result of Defendant's actions against Plaintiff, Defendant has threatened to kill Plaintiff and made other unreasonable threats toward Plaintiff when discussing the custody of the children. 15. Plaintiff desires to maintain the primary physical custody of the children and for the children to have no interaction with Defendant. 16. Defendant has not maintained regular contact with the Children. 17. Defendant has not requested regular contact with the Children. 18. The best interests and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff is the father of the children. b. Plaintiff has been present in the lives of the children since birth. c. Defendant has threatened the life of Plaintiff and was subject to an Order of Court resulting from a Protection from Abuse action. d. Defendant has an ongoing drug addiction problem. e. Plaintiff can continue to provide a stable home for the children. f. Plaintiff and Defendant were never married. WHEREFORE, the Plaintiff requests this Honorable Court to issue a temporary Order granting Plaintiff full legal and physical custody of the children until further Order of this Court. Respectfully submitted, Aateya Mark A. Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Date: /44/07 Attorney for Plaintiff VERIFICATION I, BRANDON CRUZ, verify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: l? BRANDON CRUZ \y Pr,? 1-7 ?? rn ?" cyl T BRANDON JOHN CRUZ, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LEIANI ALICEA DEFENDANT • 2007-6189 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, October 29, 2007 , 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, December 07, 2007 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. Gilroy, 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 Telephone (717) 249-3166 oe 4a ? 1,4*? '?;E-o°j4, co- y? of riaf s -'- IAN 2 9 166F BRANDON JOHN CRUZ, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW LEIANI ALICEA, NO. 2007-6189 Defendant IN CUSTODY COURT ORDER AND NOW, this 3 s? day of January, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, Brandon John Cruz, Sr., and the mother, Leiani Alicea, shall enjoy shared legal custody of Jennicca Lee Cruz, born August 16, 2006 and Brandon John Cruz, Jr., born January 3, 2002. 2. The father shall enjoy primary physical custody of the minor children. 3. The mother shall enjoy periods of temporary physical custody of the minor child as follows: A. On every Saturday starting January 26 from 2:00 p.m. until 7:00 p.m. The visitation shall be under the supervision of the father's brother, Daniel Weikel. B. At such other times as agreed upon by the parties. 4. Legal counsel for the parties shall have a telephone conference call with the Conciliator on Thursday, February 21, 2008 at 8:00 a.m. At that time, there shall be a discussion as to how visitation is going. Assuming visitation is going well, it is anticipated that the supervised arrangement shall be eliminated and the mother shall start having more expanded time with the minor children. cc: Mark A. Mateya, Esquire Robert B. Lieberman, Esquire coo ?( 01- i - ow VIN'VAI,1!3NN:?! g £ : I I WV 1- 833 8092 AMONOHiOdd 3Hl JO 3;?IaK H f BRANDON JOHN CRUZ, SR., Plaintiff v LEIANI ALICEA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6189 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 children who are the subject of this litigation is as follows: Jennicca Lee Cruz, born August 16, 2006 and Brandon John Cruz, Jr., born January 3, 2002. 2. A Conciliation Conference was held on January 25, 2008, with the following individuals in attendance: The father, Brandon John Cruz, Sr., with his counsel, Mark A. Mateya, Esquire, and the mother, Leiani Alicea, with her counsel, Robert B. Lieberman, Esquire. 3. Based upon the recommendation of the Conciliator, the parties agree to the entry of an Order in the form as attached. Date: January a , 2008 Hubert X. Gilroy, E: Custody Conciliator