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HomeMy WebLinkAbout09-7422RAFAEL E. CUBIAS, Plaintiff V. MARTA A. ARCHUNDIA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Oq -141A &v!tTem CIVIL ACTION -LAW CUSTODY NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint of for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF 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 Court Administrator Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 RAFAEL E. CUBIAS, Plaintiff V. MARTA A. ARCHUNDIA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O q- 7y-w-z C,;;4 7? CIVIL ACTION -LAW CUSTODY COMPLAINT FOR CUSTODY Plaintiff, Rafael E. Cubias, by and through his attorney Kristopher T. Smull, Esquire, and the law firm of ROBINSON & GERALDO, respectfully requests the following: 1. Plaintiff is Rafael E. Cubias, an adult individual and the natural Father who currently resides at Recidencial Monte, Sion, Senda Granada Casa "5E", Santa Tecla, La Libertad, 503-2229 7086. 2. Defendant is Marta A. Archundia, an adult individual and the natural Mother who currently resides at 309 Hummel Ave., Lemoyne, Cumberland County, Pennsylvania 17043. 3. Plaintiff seeks legal custody of Alexander Rafeal Cubias, born on March 29, 2005, currently residing at 309 Hummel Ave., Lemoyne, Cumberland County, Pennsylvania 17043 with Mother. The child was born out of wedlock. 4. The child is presently in the custody of Mother, who currently resides at 309 Hummel Ave., Lemoyne, Cumberland County, Pennsylvania 17043. ti 5. During the past five years, the child has resided with the following persons and at the following addresses. a. From Birth to October 2009, the child resided with Mother and Father at 309 Hummel Ave., Lemoyne, Cumberland County, Pennsylvania 17043. b. From October 2009 to present, the child resided with Mother at 309 Hummel Ave., Lemoyne, Cumberland County, Pennsylvania 17043. 6. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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 awarding shared legal and partial physical custody to Father. 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 a party to this action. 46 WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant shared legal and partial physical custody of the child to Plaintiff. Respectfully submitted, ROBINSON & GERALDO By. 1 Krist r T. Smul , Esquire Attorney I.D. No. 69140 2505 North Front Street, 2nd Floor P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Rafael E. Cubias OF THc Pr C ©7AAY 2009 OC T 28 Pig 1: 00 ,I' $ l to 6. 50 P A A77-( Cry' l l88 ex? aaa ?r(? RAFAEL E. CUBIAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYIPAIN V. NO. 6 ?- / 7 '2 ?- CN' - m 3 MARTA A. ARCHUNDIA, Defendant CIVIL ACTION - LAW <= x- CUSTODY (3m o CUSTODY STIPULATION (JG??,? THIS AGREEMENT, made this rday of , 2009, by and between Marta A. Archundia, hereinafter referred to as "Mother", currently residing at 309 Hummel Ave., Lemoyne, Cumberland County, Pennsylvania 17043, and Rafael E. Cubias, hereinafter referred to as "Father", currently residing at Recidencial Monte, Sion Senda Granada Casa "5E", Santa Tecla, La Libertad, 503-2229 7086. WITNESSETH: WHEREAS, the parties are the natural parents of Alexander R. Cubias, born March 29, 2005; and WHEREAS, the parties have reached an agreement concerning the issues of custody and desire that this Stipulation be entered as Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW THEREFORE, intending to be legally bound, the parties hereby agree as follows: LEGAL CUSTODY: It is the intention of the parties and the parties agree that they will share legal custody of the subject minor children. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each parent agrees to supply the name, address, and phone number of any persons in whose care the children will be for a period in excess of twenty-four (24) hours and for each person or entity which may provide day care for the children. Each parent shall give the other at least seven (7) days notice if it is his or her intention to take the children outside the Commonwealth of Pennsylvania. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each parry shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. 5309. 2. PHYSICAL CUSTODY: Mother shall have primary physical custody of the children subject to periods of partial custody with Father at his parents' home in El Salvador at times as the parties may agree. Said periods of custody with Father shall take place only during school breaks and holidays and will be agreed upon at least thirty (30) days in advance. For all of Father's periods of custody, the paternal grandmother, Aida Maribel Rivas, or paternal Aunt, Karina G. Cubias de Bolaiios, shall travel to the United States by plane to pick-up and transport the child to Father in El Salvador and shall return the child after the completion of the visit. The child is a United States citizen and has obtained a valid U.S. passport. It shall be Father's sole responsibility to obtain all necessary Visas or other documents for the child to travel to El Salvador. In addition, the cost of transportation shall be solely Father's responsibility. It shall be Mother's responsibility to provide written permission for each trip that can be presented to United States Customs Agents if requested. Said written letter shall be signed and notarized and give permission for the specific trip being taken. 3. TELEPHONE CONTACT: The parties are each entitled to reasonable phone contact with the child during their custodial periods. Both parents are urged to use common sense in scheduling telephone calls to talk to the child. Both parents are hereby directed to refrain from preventing the parent who may be calling from talking to the child or preventing the child from calling the other parent, provided that the phone calls are not excessively frequent or too long in duration or that they disrupt the child's schedule. The parties agree to supply the other with his or her complete contact information, including but not limited to residential address, cell phone numbers, home telephone numbers, and employers' telephone numbers. Should any of the aforementioned information change, each party has five (5) days from the date of the change to notify the other party. Each party shall make every reasonable effort to ensure they can reach and be reached by the other party 11 ., concerning issues relevant to the minor child. The parties also agree that should their work hours change, they will notify the other party with forty-eight (48) hours. 4. MISCELLANEOUS PROVISIONS: A. All parties shall refrain from making derogatory comments about the other party in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children whether "sleeping" or awake. B. During any period of custody or visitation, the parties to this Stipulation shall not possess or use any controlled substances; neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. IN WITNESS WHEREOF, the Parties hereunto set their hands and seals the day and year first above written. Witness ?. -7 , 6" -01? ?. Marta A. Archundia Witness ?^ _ _ Rafael E. Cubias OCT 2 9 2009 4 RAFAEL E. CUBIAS, Plaintiff V. MARTA A. ARCHUNDIA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. Oq - 74AA a-tv i l-Term CIVIL ACTION -LAW CUSTODY ORDER AND NOW, this day of 61L 4 ? , 2009, it is hereby ORDERED and DECREED that the attached Custody Stipulation is entered as an Order of this Court. BY THE COURT J. Distribution: ?topher T. Smull, Esquire, 2505 North Front Street, Harrisburg, PA 17110, Attorney for Plaintiff Marta A. Archundia, 309 Hummel Ave., Lemoyne, PA 17043, Defendant ?? 1 £.S •?Y1,3? ?1.? FLEU- Ott OF THE PPT '':!l3lOTAPY 2009 NOV -2 PM 2: 13 PE 'S" LVA,Nl,A KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 Robinson & Geraldo, P.C. 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717)232-8525 Fax (717)232-5098 RAFAEL E. CUBIAS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MARTA A. ARCHUNDIA, Defendant. NO. 09-7422 CIVIL ACTION -LAW CUSTODY PROOF OF SERVICE The undersigned makes the following return of service: the complaint in custody and custody stipulation were served upon Martha Archundia on November 9, 2009 at 309 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. The signed acceptance of service is attached hereto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Kristopher T. Smull, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsfication to authorities. Respectfully submitted, ROBINSON & GERALDO Dated: November 16, 2009 By: Krist pher T. Smull, Esquire Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Ia Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: MOT tt, PMA\ M bb & SoC1 hUANaMt t ftVthLkt LCmo?(ht, pR (-oq3 A. Signature 13 , Agent X Q. Addressee Del' e B. Received by (Printed Name) C. &0110 1 In ? 5. Is delivery address different from item 1? U Ye: If YES, enter delivery address below: R No 3. Service Type Certified Mail 13 Express Mail Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (Transfer from service /Abel) 7009 1410 0000 0890 9220 PS Form 3811, February 2004 Domestic Retum Receipt 102595.024-15Ze Exhibit 1 FILED-C rICE OF THE PROTHONOTARY 2009 NOV 19 Ply 12: 54 Gt1m 4.l? . , t(a OUNT?Y PEI INSYLVAA