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HomeMy WebLinkAbout04-2985IDANIA RIVERA, PLAINTIFF VS. ERNESTO RIVERA, DEFENDANT : IN ~ COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CW L TERM : 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 action within twenty (20) 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 or for any other claim or relief requested by the Defendant/Petitioner. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE Tile OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 IDANIA RIVERA, PLAINTIFF VS. ERNESTO RIVERA, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.~q-,,,2.%o,~ CIVIL TERM CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, IDANIA RIVERA, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff(hereinafter sometimes referred to as "Mother") is IDANIA RIVERA, who currently resides at 901 Rupp Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant (hereinafter sometimes referred to as "Father") is ERNESTO RIVER& who currently resides at 252 C-8 East Crestwood, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff seeks Shared Legal and Primary Physical Custody of the following children: Name ERNESTO MATTHEW RIVIERA ETHAN MATT RIVERA Present Residence 901 Rupp Avenue Mechanicsburg, PA 901 Rupp Avenue Mechanicsburg, PA The children were born of the parties' marriage. Date of Birth May 19, 1995 December 29, 2001 5. The children are presemly in the custody of the Plaintiff, who resides at 901 Rupp Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055 6. Since 1998 the children have resided with the following persons at the following addresses: PERSONS Plaintiff and Defendant Plaintiff ADDRESS 106 Wesley Drive Meehanicsburg, PA 901 Rupp Avenue Mechanicsburg, PA DATES. 1998 to August, 2003 August, 2003 to Present 7. The Mother of the children is the Plaintiff, Idania Rivera, who currently resides at 901 RuppAvenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Mother is separated from Mr. Rivera. 8. The Father of the children is the Defendant, Emesto Rivera, who currently resides at 252 C-8 East Crestwood, Camp Hill, Cumberland County, Pennsylvania, 17011. The Father is separated from Ms. Rivera. 9. The relationship of the Plaintiff, Idania Rivera, to the children is that of the Natural Mother. Mother resides at 901 Rupp Avenue, Mechanicsburg, PA 17055. 10. The relationship of the Defendant, Emesto Rivera, to the children is that of the Natural Father. Father currently resides at 252 C~8 East Crestwood, Camp Hill, PA 17011. 11. The 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. 12. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the children in any other court in Pennsylvania. 13. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the children will be served by granting the relief requested because: A. Mother has been and continues to be the primary care giver for the children; B. Mother does not wish to interfere with Father's visitation with the children, Mother only desires to have a formal custody order in place; C. Mother wants Father to continue to be involved and enjoy liberal visitation with the children. 15. 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, 1DANIA RIVERA, requests this Honorable Court award the Plaintiff, IDANIA RIVERA and the Defendant, ERNESTO RIVERA, SHARED LEGAL CUSTODY of the parties' minor children, ERNESTO MATIItEW RIVERA and ETHAN MATT RIVERA and the Plaintiff, IDANIA RIVERA, PRIMARY PHYSICAl_, CUSTODY and the Defendant, ERNESTO R1VERA, PARTIAL PHYSICAL CUSTODY of the minor children, ERNESTO MATTHEW RIVERA and ETHAN MATT RIVERA. Respectfully submitted, Dated: Juno', 2004 L~AW FIRM OF SUSAN-~IELLO, P.C. Counsel for Pla~ntiff // PA I.D. # 64998~ 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are tree and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. CS.A. §4904 relating to unswom falsification to authorities. DATED: IDANIA RIVERA PLAINTIFF V. iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2985 CIVIL ACTION LAW ERNESTO RIVERA : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, June 30, 2004 , upon cons:ideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, PA 17055 on Wednesday, August04,2004 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, mn eftbrt 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 chilch'en age five or older may also be vresent at the conference. Failure to avpear at the conference ma',/ 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/ Dawn S. Sunday', Esq. Custody Conciliator mhc 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 accessihle 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 belbre the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATFORNEY OR CANNOT AFFORD ONE, GO 'FO 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 AUG ~3 6 2004 VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2985 CiVIL ACTION LAW ERNESTO RIVERA : Defendant : IN CUSTODY ORDER OF COURT AND NOW, this l{ day of /~,tl/'-- , 2004, upon consideration of the attached Custody" Conciliation Report, it is ordered and directed as follows: 1. The Mother, Idania Rivera, and the Father, Emesto Riw:ra, shall have shared legal custody of Emesto Matthew Rivera, bom May 19, 1995, and Ethan Matt Rivera, bom December 29, 2001. Each parent shall have an equal fight, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children whenever he has days off from work from 2:00 p.m. on the Father's last day of work through 4:00 p.m. (when the Mother is offwork) on the day before the Father returns to work. 4. The parties shall share having custody of the Children on holidays as arranged by agreement. 5. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mut-ua~consent. In the absence of mutual consent, the terms of this Order shall control. ] cc: Susan K. Candiello, Esquire - Counsel for Mother ~-'~~~'~ - Ernesto Rivera, Father d~ ~ IDANIA RIVERA Plaintiff VS. ERNESTO RIVERA Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2985 CIVIL ACTION LAW IN CUSTODY ,CUSTODY CONCILIATION SUMMARY REPORi' PROC~D~,,,~/N.~.A_C_CO.RDA~.CE. WITH CUMBERLAND COUNTY RULE OF CIVIL v~ u~ lv13'3'8'~eun0ers~gnedCustodyConciliatorsubxnitsthe following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME Emesto Matthew Rivera Ethan Matt Rivera _DATE OF BIRTH May 19, 1995 December 29, 2001 CURRENTLY IN CUSTODY OF Mother Mother 2. A conciliation conference was held on August 4, 2004, with the following individuals in attendance: The Mother, Idania Rivera, with her counsel, Susan K. Candiello, Esquire, and the Father, Emesto Rivera, who is not represented by counsel. 3. The parties agreed to entry of an Order in the form as attacl~Led. Date Dawn S. Sunday, Esquire Custody Conciliator