Loading...
HomeMy WebLinkAbout09-8721JENNIFER LEE MYERS, Plaintiff vs. HERIBERTO CARABALLO, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- Fla I CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Jennifer Lee Myers, (Mother). Mother resides at 4008 Walnut Street- Apartment B4, Harrisburg, Dauphin County, Pennsylvania 17109. 2. Defendant is Heriberto Caraballo, Jr., (Father). Father resides at 4517 Florence Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Mother seeks primary custody of the minor child: Name Present Residence Age Anthony Heriberto Caraballo 4517 Florence Ave. 1/12/02 DOB, 7 years old Mechanicsburg, PA 17055 Anthony was born out of wedlock. Anthony is presently in the custody of Father. During his lifetime, Anthony has resided with the following persons and at the following addresses: Name Address Date Jennifer Lee Myers 5040 Derry Street Apt H birth - 2002 Heriberto Caraballo Jr. Harrisburg, PA Marcus Stultz Star Myers Meagan Myers Jennifer Lee Myers 5040 Derry Street Apt H 2002-2004 Heriberto Caraballo, Jr. Harrisburg, PA Marcus Stultz Meagan Myers Jennifer Lee Myers 5040 Derry Street Apt H 2004 Heriberto Caraballo, Jr. Harrisburg, PA Marcus Stultz Jennifer Lee Myers 5040 Derry Street Apt H 2004-2006 Marcus Stultz Harrisburg, PA Jennifer Lee Myers Third Street 2006-2008 Marcus Stultz Harrisburg, PA Jennifer Lee Myers 4008 Walnut Street summer 2008 - 9/2008 Marcus Stultz Harrisburg, PA Robert Stewart Shaquan Weedon Asia Weedon Heriberto Caraballo, Jr. Harrisburg, PA 9/2008 - unknown date Girlfriend Heriberto Caraballo, Jr. 4517 Florence Ave unknown date - present Girlfriend Mechanicsburg, PA The parties are no longer in a relationship 4. Mother resides with the following persons: Name Relationship Robert Stewart Boyfriend Shaquan Weedon Boyfriend's son Asia Weedon Boyfriends daughter " 5. Father is believed to be living with the following persons: Name Relationship Unknown Name Girlfriend Anthony Heriberto Caraballo Child with Jennifer Lee Myers 6. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Anthony in this or another court. 7. Mother has no information of a current custody proceeding concerning Anthony pending in a court of this Commonwealth. 8. Mother does not know of a person not a party to the proceedings who has physical custody of Anthony or claims to have custody or visitation rights with respect to Anthony. 9. The best interest and permanent welfare of Anthony will be served by granting the relief requested for reasons including, but not limited to the following: a) Mother has been Anthony's primary caretaker since his birth and has been the primary source of Anthony's educational, mental, emotional and physical needs. b) Mother resides in a home that is a safe and nurturing environment that is appropriate for the primary caretaking obligations regarding Anthony. c) Mother has all the necessary items to care for Anthony as his primary caretaker. d) Mother is committed to maintaining and nurturing the father/son relationship developed between Anthony and his father over the past year. e) Father is not acting in Anthony's best interest in ways including but not limited to the following: i) Father has not been as actively involved in caretaking responsibilities for Anthony and was incarcerated on drug charges from the time Anthony was 3 1/z years old until he was 5 years old. ii) Father has deliberately cut Mother out of Anthony's life by refusing to allow her to see or speak to Anthony. iii) Father moved from his home in Harrisburg to his current residence in Mechanicsburg without telling Mother, causing further interruption to Mother's long-established relationship with Anthony. iv) When Mother tried to communicate with Father about Anthony, Father filed harassment charges against Mother. Those charges have subsequently been dismissed. V) Based on Father's refusal to allow Mother to see or speak to Anthony, Mother fears that her relationship with Anthony is being severely damaged. 11. Every person with rights to custody or having actual physical custody of Anthony has been named as parties to this action. WHEREFORE, Mother requests this Court to grant him the following relief: 1) Grant the parties shared legal custody of Anthony. 2) Grant Mother primary physical custody of Anthony. 3) Grant Father periods of partial custody with Anthony. 4) Establish a holiday schedule to ensure that both parents are able to celebrate with Anthony. 5) Any further relief that this Court finds to be just and proper. Respectfully submitted, Je ca Holst, Esquire M d Penn Legal Services 401 East'Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, JENNIFER LEE MYERS, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 7 Date: ';170el 3 ENN F E Eig(?/ JENNIFER LEE MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09- CIVIL TERM HERIBERTO CARABALLO, JR., ; Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Heriberto Caraballo, Jr., with a Complaint in Custody on I t , 2009 by certified mail, return receipt, restricted delivery, to the person and address below: Heriberto Caraballo, Jr. 4517 Florence Avenue Mechanicsburg, PA 17055 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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 unsworn falsification to authorities. Date: ?1. • / ?? Signature: 4?- 2C4C'?Cf8 ;ti s(t7 { -. ?9;?t,?„ of t ?V t JENNIFER LEE MYERS, VS. : IN THE COURT OF COMMON PLEAS OF Plaintiff HERIBERTO CARABALLO, JR., Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- 871 CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Jennifer Lee Myers, Plaintiff, to proceed in forma ap uperis. I, Jessica Holst, attorney for the party proceeding in forma ap neris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jes Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 2(? i4 CSC I Cr' i?: I D i I1 7'?`y r`1 Y JENNIFER LEE MYERS, Plaintiff VS. HERIBERTO CARABALLO, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8721 CIVIL TERM CUSTODY n ~ Y ,~~, ~. C17 r --~ c.: ~~,, N 4 a i cx~ s~• oa cn ANSWER TO PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Admitted. 2. Admitted. 3. Defendant generally agrees with the averments contained in this paragraph. However, it should be noted that the subject minor child has resided with the Defendant/natural father Heriberto Caraballo, Jr. since July of 2007. Likewise, it should also be noted that Father has resided at the 4517 Florence Avenue address in Mechanicsburg, Cumberland County, Pennsylvania since March of 2008. 4. Admitted. 5. Admitted except that Father's girlfriend is actually his fiance and her name is Keli Scalera. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. It is denied that the best interests or permanent welfare of Anthony will be served by granting the relief requested. In particular, Defendant would note the -/ .'R ~Z -~.5 "t: rT, r' following: a) Mother has not been Anthony's permanent caretaker since birth, nor has she been the primary source of Anthony's educational, mental, emotional and physical needs. b) While Mother may or may not reside in a home that is a safe and nurturing environment, it should more fully be noted that Father lives in a home that he feels is even more safe and more nurturing than the home of the Mother. c) Denied. It is denied that Mother has all of the items necessary to care for Anthony. Specific proof thereof is demanded at trial. Moreover, it is specifically averred that Father is much better able to take care of Anthony than Mother. d) Denied. It is denied that Mother is committed to maintaining and nurturing the father/son relationship. Specifically, she has not done so in the past, and therefore it is not expected that she will do so in the future. e) Denied. Father has always acted in his son's best interest. i) It is admitted that Father was in jail for a period in excess of one year. However, other than that time, he has been actively involved in his parental responsibilities. ii) Father has not deliberately cut Mother out of Anthony's life. Indeed, she is free to see him when she wants. However, only on rare occasions does she attempt to see Anthony. iii) Denied. Father told Mother that he was moving, and he did provide Mother with his Mechanicsburg address. It is further noted that Mechanicsburg is less than ten miles from Father's Harrisburg address, and his phone number has never changed. iv) Denied. Father's Aunt passed away and Plaintiff came to the funeral home and interrupted the viewing, at which time she tried to physically assault the Defendant, and she generally acted in a disruptive and disrespectful manner. v) Denied. Father is happy to allow Mother to see Anthony. In furtherance thereto, it is suggested that Mother contact Father and attempt to work out a schedule. 10. No responsive pleading required. 11. Admitted. WHEREFORE, Father respectfully requests that this Honorable Court deny Mother's request and grant him ongoing primary physical custody of the subject minor child, subject to reasonable rights of supervised visitation unto Mother. Date: ~ ~ +~ Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINH .~ k T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Defendant AFFIDAVIT I, 4~ ~ ;~,.e,,r-~ CctiYc~b~-< <~ ,hereby certify that the aforegoing is 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. 4909 relating to unsworn falsifications to authorities. Dated: ~ - tQ - I c~ ~= ~+ r ~--- ~~- JENNIFER LEE MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-8721 CIVIL ACTION -LAW C.., ~--~ HERIBERTO CARABALLO, JR., : rv a ~` , Defendant .~ ':' ~ T ~ { IN CUSTODY _ ` -~ ~ -' N _: ,. - ~~ .. ~,.. „ _ i -- ORDER OF COURT ~;., `-"- ~~ "= ~ _... =-~ r,: ~`~ AND NOW, this 21S` day of July, 2010, not having been contacted by the parties in more than ninety days, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, /"l , acq me M. Verney, Esquire, Cust Conciliator