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Home My WebLink About10-3466CYNTHIA MORRIS, Plaintiff V. JESUS RIVERA AND JANESSA RIVERA Defendants § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § CIVIL ACTION - LAW § IN CUSTODY § § NO. J6 -311LL ?rOL COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Cynthia Morris, by her attorney, Tanner Law Offices, LLC, and represents as follows: 1. Plaintiff is Cynthia Morris, an adult individual currently residing at 173 East Pomfret Road, Apartment 1, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Jesus Rivera, an adult individual whose last known address is 706 Jam. ll^y' \7 ?- North West Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania u 17013, but whose current residence is unknown. He is believed to be residing in Maravalio De Ocampo, Mexico. Plaintiff believes and therefore avers that Defendant receives mail through his brother, who resides 3417 Lebanon Pike, #A101, Hermitage, Tennessee 37076. 3. Defendant is Janessa Rivera, an adult individual currently residing in Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17015. 4. Plaintiff seeks sole legal custody of the following child: Name Present Address Age t? P Aurora Marie Rivera 173 East Pomfret Street, Apt. 1 1 year Carlisle, PA 17013 (D.O.B.3/2/2009) 5 6. 7. 8 9. 10 11. The child was born out of wedlock. The child is presently in the custody of the Plaintiff, Cynthia Morris, who resides at 173 East Pomfret Road, Apartment 1, Carlisle, Pennsylvania 17013. During the last five years, the child has resided with the following persons at the following addresses: Persons : Address: Dates: Cynthia Morris 173 East Pomfret Street, Apt. 1 1/20/2010 - present Carlisle, PA 17013 Janessa Rivera 706 North West Street, Apt. 2 7/7/2009-1/20/2010 Carlisle, PA 17013 Janessa Rivera 706 North West Street, Apt. 2 3/2/2009-7/7/2009 Jesus Rivera Carlisle, PA 17013 The grandmother of the child is Plaintiff, Cynthia Morris, currently residing at 173 East Pomfret Road, Apartment 1, Carlisle, Cumberland County, Pennsylvania 17013. The mother of the child is Defendant Janessa Rivera, currently residing in Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17015. The father of the child is Defendant, Jesus Rivera, whose last known address is 706 North West Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013, but whose current residence is unknown. He is believed to be residing in Maravalio De Ocampo, Mexico. The relationship of the Plaintiff to the child is that of maternal grandmother. 12. The relationship of the Defendant Jesus Rivera to the child is that of father. 13. The relationship of the Defendant Janessa Rivera to the child is that of mother. 14. Plaintiff has not participated as a party in other litigation concerning the custody of the child in a court of this Commonwealth or any other state. 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 16. 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 parties to this action. 17. The best interests and permanent welfare of the child will be served by granting the relief requested. The quality of the child's physical, intellectual, moral and spiritual environment would be improved by Plaintiff's continued interaction in her grandchild's life. WHEREFORE, Plaintiff requests the Court to grant sole legal and physical custody of the child until the mother is released from prison. Respectfully submitted, Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements made herein may subject me to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 5-02 Ll- /0 (??- - d?(dZlLc? Cynthia Morris .% %F? TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 CYNTHIA MORRIS, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § CIVIL ACTION - LAW § IN CUSTODY JESUS RIVERA AND § JANESSA RIVERA § Defendants § NO. 16 - 3 qL ? PETITION TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Cynthia Morris, Plaintiff, to proceed in forma pauperis I, Tabetha A. Tanner, attorney for the party proceeding in forma pauperis, certify that I believe the parry is unable to pay the costs and that I am providing free legal service to the Plaintiff. By: Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 = Attorney for Plaintiff TANNER LAW OFFICES, LLC L ?` 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 Cynthia Morris, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION- LAW IN CUSTODY Jesus Rivera and Janessa Rivera, ~ A Defendants DOCKET # 10-3466 ~ ;~ c._. _ ~v'9' ~ t ~i.,J '~ `" rV 1.,. ~J ~ _.~ ~.w .~ PRAECIPE TO ENTER APPEARANCE '~ r=. ~.~ .~=' ~~~ ~,. .. ~,;, ~, = c To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Janessa Rivera, the Defendant, in the above captioned matter. lp~Z~I~~ ~~~ ~~~ Ashley Fergus n Certified Legal Intern Meg 'esmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 r .~ CYNTHIA MORRIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW JESUS RIVERA and JANESSA RIVERA, NO. 2010-3466 ~? ~ ,an Defendant IN CUSTODY ~,;~ ~ ° _.~ Prior Judge: The Honorable Albert H. Masland ~ r,~ `~'± ~ N ~ > fl. _ W ~: COURT ORDER r ~~ _ NQW, this ~~ day of July, 2010, upon consideration of the attached~ust~dy .< Conciliation Report, it is ordered and directed as follows: 1. The mother, Janessa Rivera, shall enjoy sole legal custody and primary physical custody of Aurora Marie Rivera, born March 2, 2009. 2. The maternal grandmother, Cynthia Morris, shall enjoy liberal periods of visitation with the minor child as mutually agreed upon by the mother and the maternal grandmother. The parties will agree upon a drop off and pick up time in connection with any visitation schedule. 3. It is understood by the Court that the father, Jesus Rivera, has received a Deportation Order from the United States. In the event the father at anytime in the future has the ability to visit with the child consistent with any restrictions placed upon him by the Department of State, father may have such visitation with the child as the mother agrees and under such circumstances as dictated by the mother. In the event the father is dissatisfied with his periods of temporary custody or visitation, father may petition the court to have the case again scheduled with the Custody Conciliator for a conference. 4. The above order amends this court's prior order of June 10, 2010 except with respect to the Writ of Ne Exeat which has been granted and which shall continue to apply to the father, Jesus Rivera. It is noted that the June 10, 2010 order is modified by this order such that the mother will be the individual in control and dictating whether permission may be granted for removing the child from the Commonwealth of Pennsylvania. Additionally, it is specifically prohibited that the father may obtain any type of passport for the minor child. BY THE COURT, lbert H. Masland, Judge cc: /T tha A. Tanner, Esquire Ashley Ferguson, Student Attorney sus Rivera ~~ ~~,~~~~ 7~~z./w ~~ ~u~ 2~~ 2o~n CYNTHIA MORRIS, IN THE CQURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW The pertinent information pertaining to the child who is the subject of this litigation is as follows: Aurora Marie Rivera, born March 2, 2009 2. A Conciliation Conference was held on July 15, 2010, with the following individuals in attendance: The maternal grandmother, Cynthia Moms, with her counsel, Tabetha A. Tanner, Esquire and the mother, Janessa Rivera, with her counsel, Ashley Ferguson of the Dickinson School of Law of Penn State University Family Law Clinic. The father, Jesus Rivera, did not attend. However, he was served with notice of the Conciliation Conference. Additionally, it was related to the Custody Conciliator that the father has been deported from the United States but there is a question as to whether or not he has actually exited the United States at this point 3. The parties agree to the entry of an Order in the form as attached. Date: July ~ 7 , 2010 Hubert X. Gi oy, Esquire Custody C ciliator JESUS RIVERA and JANESSA RIVERA, N0.2010-3466 Defendant IN CUSTODY Prior Judge: The Honorable Albert H. Masland CONCILIATION CONFERENCE SUMMARY REPORT TN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE QF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: S Cynthia Morris, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 10-3466 Jesus Rivera and CIVIL ACTION -LAW Janessa Rivera, CUSTODY Defendants CERTIFICATE OF SERVICE I, Ashley Ferguson, Certified Legal Intern, hereby certify that I am serving a copy of the Conciliation Conference Summary Report and July 21, 2010 Order of Court this date~,y fib ,; r- ~ -;-, class mail, postage prepaid upon the following persons: -~ ~=~ =~ c ~. --~± - f-.- i.- ~r- ,~ Jesus Rivera ' ~~ '. _ ~-- c/o Diego Rivera ~ _: ='-°~ 3417 Lebanon Pike .r `-~ ~ -' A101 ~-~ v., Hermitage, TN 37076 Date: July 27, 2010 ~-~`~~~- Ashley Ferguson Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639