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HomeMy WebLinkAbout10-1137Edmund J. Berger Attorney I.D. # 53407 Attorney for Plaintiff BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-mail: tberger@bergerlawfirm.net G ?h Tt h y FEB 1l'ID17 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LENIEL SOTO, Plaintiff ' V. Docket No. -113I JESSICA SIERRA, Defendant COMPLAINT IN CUSTODY 1. Plaintiff, LENIEL SOTO, currently resides at 4710 Crown Avenue, Harrisburg, Dauphin County PA 17109. 2. Defendant, JESSICA SIERRA, currently resides at 500 Geneva Drive, Apartment G2, Mechanicsburg, PA 17055. 3. Plaintiff requests that he be granted legal and physical custody of the following children: Name Present Residence Age Date of Birth Melena L. Soto 500 Geneva Dr., Apt. G2 8 Y2 7-17-01 Mechanicsburg, PA 17055 Melissa M. Soto 500 Geneva Dr., Apt G2 6 Y2 8-18-03 Mechanicsburg, PA 17055 4. Both children were born in wedlock to Plaintiff and Defendant in July 2001 and August 2003 respectively. 5. The relationship of Plaintiff to the children is that of father. 6. The relationship of Defendant to the children is that of mother. 7. Since December, 2006, Plaintiff and Defendant have been divorced. 8. From December, 2006 until the present, no custody order has been in effect. 9. Since December 2006, the parties have, for the most part, shared custody of the children. 10. In January 2010, Plaintiff filed for modification of the existing child support order because of a change in his circumstances, i.e. he was laid off from his employment and has been unable since then to find other employment. 11. As a result of Plaintiff's decision to seek modification of child support, he was advised by Defendant Mother that she would not let him see the children. 12. Defendant Mother also advised Plaintiff Father that she might relocate the children out of state as a result of his filing to modify his support obligation. 2 13. Defendant Mother is clearly attempting to turn the children against Father as they have told Father that he is a "bad man" and, given their impressionable age, are clearly responding to Mother's efforts to alienate the children toward their Father. 14. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 15. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 16. 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. 17. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff is the natural father, has actively participated in the raising of both children, and will provide a. stable, healthy and loving environment for the children in which to grow while allowing Mother reasonable access to the children. 18. 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. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant primary physical and legal custody of the children, Melena L. Soto and Melissa M. Soto, to Plaintiff, evaluate Defendant's home to determine whether the Defendant's home is a safe environment for the children, provide Defendant Mother with visitation or partial custody as the Court deems appropriate based on the circumstances, and order such 3 other relief as the Court deems appropriate, including directions to Mother to refrain from making derogatory comments about Father. Edmund J. Berger Attorney I.D. # 53407 Attorney for Plaintiff BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-mail: tberger@bergerlawfirm.net February 12, 2010 4 VERIFICATION I, Leniel Soto, verify that the statements made in this Complaint 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 falsification to authorities. o2-i?-.moo Date Leniel Soto 5 Edmund J. Berger, Esq. r r ?,,r4y B erger Law Firm 2010 F 24 Market Street Camp Hull, PA 17011 ?? 717-920-8900 tberger@bergerlawfirm.netti a ,A LENIEL SOTO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. CV 1 13 7 JESSICA SIERRA, Defendant CIVIL ACTION - LAW PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS TO THE HONORABLE JUDGES OF SAID COURT: Pursuant to Pa.R.C.P. No. 240, Petitioner hereby submits that he is without financial resources to pay the costs associated with this proceeding, and therefore submits that he is entitled to proceed in forma pauperis. In support of this Petition, attached is Petitioner's Affidavit of Indigency, which is incorporated herein by reference, detailing Petitioner's overall financial condition at the present time. WHEREFORE, Petitioner, by and through his counsel, asks leave of court to proceed in forma pauperis, without the need to pay any costs in connection with the instant action. February 12, 2010 Edmund J. Berger, Esk Pa. I.D. No. 53407 Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: 717-920-8900 Fax: 717-920-8901 E-mail: tberger@bergerlawfirm.net Edmund J. Berger Attorney I.D. # 53407 Attorney for Petitioner BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-mail: tberger@bergerlawfirm.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LENIEL SOTO Plaintiff V. JESSICA SIERRA, Defendant Docket No. AFFIDAVIT OF INDIGENCY 1. I am the Plaintiffin the above matter and, because of my financial condition, I am unable to pay the fees and costs of proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. 1 represent that the information below, relating to my ability to pay the fees and costs, is true and correct: a. Name: Leniel Soto Social Security No. 581-75-6469 Address: 4710 Crown Avenue Harrisburg, PA 17109 b. Employment: If you are presently employed, state the employer's name and address: Unemployed c. Salary or wages per month: d. Type of work: e. If you are presently unemployed, state the date of last employment 12/13/2009 1. Salary or wages per month: $18.75/hour 2. Type of work: Technician 3. Other income within the past twelve (12) months: None 4. Business or profession: Dish Network 5. Other self-employment: None 6. Interest: None Dividends None 7. Pension and annuities: None Social Security Benefits None 8. Support Payments Received None 9. Disability Payments Received None 10. Unemployment compensation and Supplemental Benefits: $1,029/month 11. Workman's Compensation: None Public Assistance: None 12.Other(please describe) None 13. Other contributions to household support i. Wife's Name: Susan Soto ii. If wife is employed, state name of employer: Unemployed iii. Salary or wages per month: None iv. Type of work: Not Working f. Contributions from parents: None g. Contributions from children: None h. Other Contributions: None i Property Owned: See Below i. Cash: ii. Checking Account: $826 iii. Savings Account: $100 iv. Certificates of Deposit: None v. Stocks; bonds: None vi. Real Estate (including home): None vii. Motor Vehicle: a. Make: Honda Odyssey b. Year: 2004 c. Cost: $13,633 d. Amount Owed: $6,000 viii. Other: None j. Debts and Obligations: i. Mortgage: None ii. Rent: $745.00/month iii. Loans: None - except car loan above iv. Other: None k. Persons dependent upon you for support: i. Wife's Name: Susan Soto ii. Names and ages of children: Melena L. Soto - 8 Mellisa M. Soto - 6 Marcus M. Soto - 3 iii. Name and relationship of other persons: 1. Additional Expenses: Regular Bills - Electric -- $125/month; Water - $100/month; Cable TV - $59.99/month; Phone and Internet - $59.99/month; Oil and Gas -- $80/month; Groceries -- $300/month 4. 1 understand that I have a continuing obligation to inform the court of improvement in my financial circumstances, which would permit me to pay the costs incurred herein. 5. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsifications to authorities. 6 Date: e: //,/// Cj Z Petitioner ' 7 (fig /g?i<j' Phonf(: LENIEL SOTO, Plaintiff V. JESSICA SIERRA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CV CIVIL ACTION - LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Leniel Soto, Plaintiff to proceed in forma pauperis. C ) q . ._- _2t I, Edmund J. Berger, 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 service to the party. --? .e1 I--,\ February 17, 2010 Edmund J. Berger, Esq. L? Pa. I.D. No. 53407 Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: 717-920-8900 Fax: 717-920-8901 E-mail: tberger@bergerlawfirm.net .y In the Court of Common Pleas of Cumberland County Commonwealth of Pennsylvania Leniel Soto, Plaintiff _ //,37 : No: V. Jessica Sierra Defendant Civil Action FEW '9 'U'UC17 -P ORDER OF COURT And now, this `?2 3 day of 1 2Q y upon consideration of the foregoing Petition, the Petitioner is hereby granted leave to proceed In Forma Pauperis. All court costs assessed by the Prothonotary or Sheriff of Cumberland County in the above-captioned matter for filing, copying, certifying, and serving pleadings or for issuing subpoenas are waived as to the Petitioner. The Petitioner shall inform this Court of any improvement in his financial circumstances which would permit him to pay the court costs. BY THE C URT i J. i , a4 4'*';r-4 LENIEL SOTO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-1137 CIVIL ACTION LAW JESSICA SIERRA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, February 24, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, March 22, 2010 at 10:30 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 he 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Esq.jbi 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 FORTI-I 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 FILED--1: 2010 FED' 26 ?.ti 19: 0 1 tFILCH,-, r. T '7 ARy Stanley H. Mitchell, Esquire 6oo N. Second Street, Suite 305 L? ( 0 KelIR 15) Ail 10: 5- u P.O. Box 425 Harrisburg, PA., r7io8 iT Pa., Atty., I.D. No. 32093 (717) 233-3339 SHMitchell9 comcast.net Attorney For Plaintiff LENIEL SOTO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V No. 2010 -1137 CIVIL ACTION LAW JESSICA SIERRA, IN CUSTODY Defendant DEFENDANT'S ANSWER AND COUNTERCLAIM TO COMPLAINT IN CUSTODY AND NOW, comes Defendant Jessica Sierra, by and through her attorney Stanley H. Mitchell, Esquire, to answer the Complaint In Custody filed by Plaintiff and to aver a Counterclaim in response thereto. Defendant avers as follows: i. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. By way of further answer, Defendant Sierra has been the primary caretaker for the minor children since birth. Defendant Sierra has maintained day to day contact with the children since said time and the children have depended on Defendant for satisfying their basic physical and psychological needs. 7. Specifically Denied; To the contrary, the parties have been divorced since July 19, 2005. 8. Admitted. 9. Specifically denied; To the contrary, Defendant Sierra has enjoyed primary physical custody of the minor children since February 7, 2004 when the parties separated. io. After reasonable investigation, Defendant Sierra is without sufficient knowledge or information to form a belief as to the truth of the averment. ii. Specifically Denied; To the contrary, Defendant Sierra has never sought to deny Plaintiff partial custody with the minor children. 12. Specifically Denied; To the contrary, Defendant has never advised Plaintiff that she "might" relocate as a result of Plaintiffs alleged filing to modify child support. Defendant Sierra indicated to Plaintiffs mother that she was considering relocating to Carlisle. By way of further answer, Carlisle is in the Commonwealth of Pennsylvania and a short distance from Mechanicsburg, Pennsylvania. 13. Specifically Denied; To the contrary, Defendant has encouraged continuing contact between Plaintiff and the minor children and does not speak negatively of Plaintiff to the minor children. Defendant Sierra has not attempted to alienate the minor children from Plaintiff and is unaware of any statements by the minor children wherein Plaintiff is allegedly called a "bad man". 14. Admitted. 15. Admitted. 16. Admitted. IT Specifically Denied; To the contrary, the best interests and permanent welfare of the minor children rests in primary physical custody being placed in the Defendant. Defendant Sierra has been the primary caretaker of the minor children since February 7, 2004. Defendant Sierra has been the parent providing for the children's physical, intellectual, emotional, and spiritual well being. Defendant Sierra - not Plaintiff- has maintained the day to day contact with the children since February 2004 and it is Defendant Sierra - not Plaintiff - that the minor children have depended on for satisfying their basic needs. Contrary to the averment of Plaintiff, Plaintiff has not actively participated in the raising of the minor children. Indeed, Plaintiff has never attended a parents/teachers meeting or school conference in connection with the minor children. Defendant Sierra had to literally beg Plaintiff to attend two end of year dance programs for the minor child Melena. Since the date of separation, February 7, 2004, Plaintiff has not participated in a single doctor's visit associated with the minor children. Plaintiff has curiously not been present when the minor children have been ill and as such, has not offered to purchase medicine for the minor children because he "did not have money or gasoline". Incredibly, Plaintiff does not call the minor children on their birthdays nor does he assist the minor children with homework. 18. Admitted. WHEREFORE, Defendant Jessica Sierra respectfully requests that primary physical custody of the subject minor children be placed with her, subject to partial physical custody rights to Plaintiff. COUNTERCLAIM FOR PRIMARY PHYSICAL CUSTODY 19. The averments of paragraphs one through eighteen are incorporated herein by reference as if set forth in full. 20. The best interests and permanent welfare of the subject minor children are served by placing primary physical custody of Melena L. Soto, dob 7/17/o1 and Melissa M. Soto, dob 8/18/03, with Defendant Jessica Sierra. 21. Defendant's home is stable and appropriate for the minor children. The minor children enjoy a flourishing relationship with their mother, Defendant Sierra. Defendant has been the primary caretaker for the children since February 7, 2004. 21. Plaintiff, unemployed, has not exhibited the maturity to raise the minor children inasmuch as Plaintiff has not been an active participant in the physical, emotional, and psychological well being of the minor children since February 7, 2004. 22. Plaintiff made the minor children sleep on the floor for a substantial period of time while he slept comfortably in a bed until the minor children complained to Defendant and Defendant contacted Plaintiff when the parties were separated. 23. Plaintiff permitted his young son to take a bath with the 6 year old minor child Melissa which was not in the best interests or permanent welfare of the children. 24. The best interests and permanent welfare of the minor children require that primary physical custody of the children be placed with Defendant Jessica Sierra, subject to partial physical custody rights of Plaintiff. The parties should share legal custody of the minor children. WHEREFORE, Defendant Jessica Sierra respectfully requests that primary physical custody of the minor children be placed with her, subject to partial physical custody rights in Plaintiff. Respectfully submitted, Stanley H. Mitchell, Esquire Attorney I.D. No. 32093 P.O. Box 425 Harrisburg, PA., 17108 (717) 233-3339 Date: March 15, 2010 VERIFICATION I, Jessica Sierra, hereby verify that the statements made in this Answer To Complaint In Custody And Counterclaim are true and correct to the best of my knowledge, information and belief. I am aware that false statements herein are made subject to the penalties of 18 PA.C.S. 4904 relating to unsworn falsification to authorities. Date: March 15, 2010 Jessi a Sierra CERTIFICATE OF SERVICE I, Stanley H. Mitchell, Esquire, do hereby certify that I served a true and correct copy of the foregoing Defendant's Answer and Counterclaim upon the following via U.S. Mail, postage prepaid, first class, on the 15`h day of March 2010: EDMUND BERGER, ESQUIRE 2104 Market St., Camp Hill, PA 17on 1?? Stanley H. Mitchell, Esquire 6oo N. Second St., Suite 305 P.O. Box 425 Pa., Atty., I.D. No. 32093 (717) 233-3339 SHMitchellg@comcast.net Attorney For Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff A Jody S Smith Chief Deputy 2010 2: 22 Edward L Schorpp Solicitor OuIV ` Leniel Soto Case Number vs. 2010-1137 Jessica Sierra SHERIFF'S RETURN OF SERVICE 03/15/2010 04:24 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 15, 2010 at 1624 hours, she served a true copy of the within Complaint in Custody, Notice and Order of Court, upon the within named defendant, to wit: Jessica Sierra, by making known unto herself personally, at 500 Geneva Drive Apt. G2, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 1 Qiulb AMA DA COBAUGH, DEPUTY U March 16, 2010 SO ANSWERS, RONI'TY R ANDERSON, SHERIFF ici 1001T Suit! SFen`; f. Teleosofl. Iric. A r?P,LED-{}F ' !rE PR0, ?n7,,l?TARY 2010 ill 22 F111 2. 13 Edmund J. Berger Attorney I. D. # 53407 Attorney for Plaintiff BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-mail: tberger@bergerlawfirm.net W + YP,f l) kr _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LENIEL SOTO, Plaintiff V. JESSICA SIERRA, Defendant Docket No. z; U / 0 - 11'3 7 PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM FOR PRIMARY PHYSICAL CUSTODY AND NOW COMES PLAINTIFF and files this Answer to Defendant's Counterclaim for Primary Physical Custody of the minor children, Melena Soto and Melissa Soto: 19. This is an incorporation paragraph to which no response is required. 20. It is specifically denied that the best interests and permanent welfare of the children would be served by them being placed with Mother as primary physical • custodian. To the contrary, their best interest and permanent welfare is best served by placing them with Plaintiff Father as the primary legal custodian. 21. Admitted in Part and Denied in Part. It is admitted that Defendant has been the primary caretaker for the children since February 7, 2004. It is denied that Mother's home is stable and appropriate and Plaintiff has asked that a home study be done of Mother's home. Plaintiff is without information sufficient to forma belief as to whether the minor children "enjoy a flourishing relationship" with their Mother or the meaning of such a phrase. 21. (mistakenly numbered as 21 in Defendant's Counterclaim) It is admitted that Plaintiff is unemployed. It is denied that Plaintiff lacks the maturity to raise the minor children. It is also denied that Plaintiff has not been an active participant in the physical, emotional, and psychological well being of the minor children since February 7, 2004. Plaintiff has attempted to maintain such a relationship with the children but has been kept from seeing the children as frequently as he would like due to the whims and actions of Mother and also due to difficulty coordinating visits at times that did not conflict with Father's work schedule. It is noted that Mother would not adhere to an agreement that had been reached regarding custody and has denied Plaintiff's requests to see the children on frequent occasions, usually depending on whether she was angry with Plaintiff or not. 22. Denied. Plaintiff maintains separate beds for the children. On occasion, Plaintiff has "camped out" with the children by sleeping with them on the floor, but has never prevented them from sleeping in their beds. 2 . 23. Denied as stated. When Plaintiff's son was an infant, he allowed his infant son to bathe with Melissa, then 2 years old. Plaintiff believes that there is no harm in allowing children of such ages to bathe together. 24. It is denied that primary physical custody of the children should be placed with Mother. Although Mother has had primary physical custody in the past, Mother has shown a repeated inability to respect Father's custodial rights and interests and has attempted to turn the children against Father. In this light, Plaintiff should have primary physical custody and Mother should be permitted visitation or partial physical custody consistent with the relief requested in Plaintiffs Complaint. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant primary physical and legal custody of the children, Melena L. Soto and Melissa M. Soto, to Plaintiff, evaluate Defendant's home to determine whether the Defendant's home is a safe environment for the children, provide Defendant Mother with visitation or partial custody as the Court deems appropriate based on the circumstances, and order such other relief as the Court deems appropriate, including directions to Mother to refrain from making derogatory comments about F March 19, 2010 BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-mail: tberger@bergerlawfirm.net ?MIIIMI I<A V. 6d%illclul Attorney I.D. # 53407 Attorney for Plaintiff VERIFICATION I, Leniel Soto, verify that the statements made in this Answer to Counterclaim 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 falsification to authorities. i e Date Leniel Soto 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LENIEL SOTO, Plaintiff c7 , , v. c Docket No. 2010-11W o JESSICA SIERRA, cv Defendant ?_ _ rv p 01 CERTIFICATE OF SERVICE I, Edmund J. Berger, hereby certify that a true and correct copy of the foregoing document, Plaintiff's Answer to Defendant's Counterclaim for Primary Physical Custody, was served upon the Defendant's counsel by First Class Mail on Friday, March 19, 2010. BY FIRST CLASS MAIL Stanley H. Mitchell, Esq. 122 Locust St. P.O. Box 425. Harrisburg, PA 17108 BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 tberger _bergerlawfirm.net Edmund J. Berger Attorney for Plaintiff