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HomeMy WebLinkAbout05-5006 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, P A OSMAN CABRERA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ,Roo ';' , 5O()(P IN CUSTODY v. ANGELA J, CABRERA, Defendant COMPLAINT FOR CUSTODY AND NOW comes, Osman Cabrera, by and through and his counsel, Saidis, Shuff, Flower & Lindsay, and states as follows: 1. The Plaintiff is Osman Cabrera, residing at 707 Veronica Lane, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Angela J. Cabrera, residing at 11 West Manor Avenue, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Kayla Nicole Cabrera Kenzie Marlene Cabrera Kai Nicholas Cabrera 707 Veronica Lane, Enola, PA 17025 707 Veronica Lane, Enola, PA 17025 707 Veronica Lane, Enola, PA 17025 June 3, 1997 July 15, 1998 December 5, 2000 The children were not born out of wedlock, The children are presently in the custody of Plaintiff, Osman Cabrera, who resides at 707 Veronica Lane, Enola, Cumberland County, Pennsylvania 17025. During the past five years, the children have resided with the following persons and at the following addresses: With the parties at 707 Veronica Lane, Enola, Pennsylvania, from September 2000 through January 2001. With Osman Cabrera, 74 North 34th Street, Harrisburg, Dauphin County, Pennsylvania, from January 2001 until July 2002. SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, PA With Osman Cabrera and his girlfriend, Jill Whitmyer and her son, Cameron, at 707 Veronica Lane, Enola, Pennsylvania, from July 2002 until November 2002. With Defendant and her son, Anthony Fickes, and a male friend, Dillsburg, Pennsylvania, from November 2002 until January 2003. With Osman Cabrera, Jill Whitmyer and Cameron Whitmyer at 707 Veronica Lane, Enola, Pennsylvania, from January 2003 until January 2005. With Angela Cabrera, Elip Mercado and Anthony Fickes at 11 West Manor Avenue, Enola, Pennsylvania, from January 5, 2005 through September 13, 2005. With Osman Cabrera, Jill Whitmyer and Cameron Whitmyer at 707 Veronica Lane, Enola, Pennsylvania from September 13, 2005 to the present. The mother of the child is Angela J. Cabrera, currently residing at 11 West Manor Avenue, Enola, PA 17025. She is married. The father of the child is Osman Cabrera, currently residing at 707 Veronica Lane, Enola, PA 17025, He is married. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with the children, Jill Whitmyer and Cameron Whitmyer. 5, The relationship of Defendant to the children is that of mother. The Defendant currently resides with Anthony Fickes, her son, 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physica custody of the children or claims to have custody or visitation rights with respect to the children, SAlOIS SHUFF, FLOWER & LINDSAY A'lTORNEYSeATeLAW 26 W. High Street Carlisle, PA 7. The best interest and permanent welfare of the children will be served b granting the relief requested because over the past five years, Mother has been unable t control her addiction to crack cocaine and, as a result, the children, during the times they hav been in her custody, have suffered. It is the recommendation of the authorities at the children' school and of Cumberland County Children & Youth Services that Plaintiff have custody of th children. WHEREFORE, Plaintiff requests the Court to grant legal and primary physical custody 0 the children. SAlOIS, SHUF ; flOWER & LINDSAY, P.C. Carol J. Lindsay, E~ui 10 No. 44693 26 West High Str Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff Dated: September J-.Y. 2005 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT_LAW 26 W. High Street Carlisle, PA II VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. ~~~ \Q, Osman Cabrera Dated: September '<, ~ . 2005 ~\ ..1\ ~ o C~_ ("-- L~ =2 e '" ~ c.n (/) r-, --c N w .;:> n ~~ nl~.J r- ""ljrr. :OCJ c.... T ":::'1 C) :-L-'j-j C):n ...0 ~~rn :55 -< ~ c N -.j SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS-AT.LAW 26 w. High Street Carlisle, P A OSMAN CABRERA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ~CX)S"-5OO<.. GIll v. ANGELA J. CABRERA, Defendant IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To The Prothonotary: Kindly allow Osman Cabrera, Plaintiff, to proceed in forma pauperis. I, Carol J. Lindsay, Esquire, 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 services to the party. Respectfully submitted, LINDSAY, P.C. Attorney for Plaintiff o c "" = = c.n CI) rrt -0 N W o .." ---/ :r: m::O -oF.; ~3? =;:19 ..___ .r, ,":) n ;"70 C:)m -'1 ~ -< = ::Jii:: 9 N -' SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, P A " OSMAN CABRERA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO, IN CUSTODY ANGELA J, CABRERA, Defendant PETITION FOR EMERGENCY RELIEF AND NOW comes, Osman Cabrera, by and through and his counsel, Said is, Shuff Flower & Lindsay, and petitions This Honorable Court as follows: 1, Petitioner is Osman Cabrera who resides at 707 Veronica Lane, Enola Cumberland County, Pennsylvania 17025. 2. Respondent is Angela J. Cabrera who resides at 11 West Manor Avenue, Enola Cumberland County, Pennsylvania 17025. 3. The parties are parents of three children: Kayla Nicole Cabrera, born June 3 1997; Kenzie Marlene Cabrera, born July 15, 1998; and Kai Nicholas Cabrera, born Decembe 5, 2000. 4. There is no prior Order for custody. However, on the same day as the date 0 this Petition, Petitioner filed a Complaint for Custody, a copy of which is attached hereto a Exhibit "A". 5. During the past five years, the parties' children have resided principally wit Petitioner. When Respondent was released from incarceration, she had custody of the childre during the following periods of time: a. November 2002 to January 2003; b. January 5,2005 to September 13, 2005, At all other times, the children resided with Petitioner, his girlfriend and their child. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle. PA 7. Respondent has a history of crack cocaine addiction, incarceration for dru no positive effect. related offenses and for shoplifting and parole violations, She has been in and out of rehab wit 8. Most recently, on or about September 13, 2005, Respondent was arrested an charged with hindering prosecution when she tried to protect her boyfriend from arrest. Upo information and belief, the boyfriend, Elip Mercado, was arrested on a drug related offense but prior to his arrest, had physically abused Respondent in front of the parties' children. 9. Prior to September 13, 2005, Petitioner received reports from Respondent' landlord and from the police that unsavory people were frequenting Respondent's house whil the children were present. 10. On or about September 13, 2005, after Respondent and her boyfriend wer arrested, Cumberland County Children and Youth Services asked Petitioner to take custody 0 the children and, since there was no present Custody Order, to file a Petition for Emergenc Relief so that he could safeguard his children, 11. Since that request, Petitioner has learned that Respondent has, in the recen past, left the children unattended for long periods of time, sometimes overnight, causing th children to be afraid. 12. Cumberland County Children and Youth Services have received reports 0 sexual misbehavior on Respondent's part in front of the children and of involvement of the tw older children in the use of drugs at the encouragement of persons in Respondent's household. 13, Petitioner believes, and therefore avers, that Respondent cannot adequately car for the children, 14. Kim Lytle, a caseworker at Cumberland County Children and Youth Services reports that the agency has a safety plan which calls for the children to remain in the custody 0 Petitioner. The agency supports the entry of a Court Order to give effect to that plan. 15, The undersigned knows of no attorney representing Respondent. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle, P A WHEREFORE, Plaintiff prays this Honorable Court to enter an Emergency Order providing legal and primary physical custody of the parties' children to Osman Cabrera, Petitioner herein, pending conciliation and further Order of Court. SAlOIS, ~HU~ F~OWER & LINDSAY, P,C. Attorney for Plaintiff Dated: September 1.1,2005 SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS-AT.UW 26 W. High Street Carlisle, P A VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. ~~~ Dated: September (.. ~ , 2005 ,...., = 0 = e,M " (l") s:! r" "'1;1 rll:r1 r- N -om W CI)V 9b :p. ::X.:,i :Y. !:):!.l c~ '2 ~7'C) .2:. om ..;J -I N ?n co -< SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYSoAToLAW 26 W, High Street Carlisle. PA . I ~ECEIVED SEP 2 3 200~ OSMAN CABRERA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 5-- 5tl{J/P v. ANGELA J. CABRERA, Defendant IN CUSTODY ORDER OF COURT AND NOW) this ..;?3,-dday of ,~~ ,2005, upon consideration of the withir Petition for Emergency Relief, pending conciliation and further Order of Court, legal and prima~ physical custody of Kayla Nicole Cabrera, born June 3, 1997; Ken~,brera, borr July 15, 1998; and Kai Nicholas Cabrera. born December 5, 2000, is gra't'd to t~tioner Osman Cabrera, with periods of partial custody to Respondent~ parties can agree. BY THE COURIll;/ (-:JC{ - JI- -' , J. I Cory mqll~d 'D etA. br~F4 (l(l fY JIv~" ~ Ul!ds't:i.y 2S :0111\1 SZ d3S SOOl Atrv'lO;\!U:-LLOdd 3Hl :10 301:!:iO-Cl3ll:l OSMAN CABRERA PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-5006 CIVIL ACTION LAW ANGELA J. CABRERA DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 28, 200?~._. .., ..".,.' upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M, Verney, Esq. ,thc conciliator, at 4tb Floor, Cumberland County Courthouse, Carlisle on Thursday, ().c.t."..l>."!..20, 2005.___..~_ at !;3~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 be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older mav also be present at the conference. Failure to appear at the conference mav provide grounds for entry of a temporary or permanent order. The court bereby 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: Isl [acqueline M. Verney. Es~ Custody Conciliator V 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO 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 . ~ kw(!, p -/"V M; 517Jd ;;,; ft ~ ~iL, %,ViJ ~ ft? $m- ~ .1"9 5"$<'& . ">~:\r,:n:) I \1 :S lid 92 d3S ~UUl ,\i::IYiO;'lv,EOUd 31-ll :l0 ;J::lI:l:IQ-OT\\:l - ---------- OSMAN CABRERA, Plaintiff RECEIV'EI:J i }-- orr 2 0 WOS BY: : IN THE COURT OF COMMON PLEAS F : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5006 CIVIL ACTION LAW ANGELA J. CABRERA, Defendant : IN CUSTODY ORDER OF COURT ANDNOW,this .~ dayof ~__ ,2005,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 23, 2005 is hereby vacated. 2. The Father, Osman Cabrera shall have sole legal custody of Kayla Nicole Cabrera, born June 3,1997, Kenzie Marlene Cabrera, born July 15,1998 and Kai Nicholas Cabrera, born December 5, 2000. 3. Father shall have primary physical custody of the children. 4. Mother shall have periods of supervised custody every Saturday and Sunday from 9:00 a.m. to 3:00 p.m. Mother's Grandmother shall be the supervisor. 5. Father shall be responsible for all transportation. He shall drop off and pick up the children at the curb. Grandmother must be visible to Father at drop off and pick up. 6. Mother shall not use illegal drugs immediately before or during her periods of visitation. 7. Mother shall insure that there is food available to the children and that the home has electric service. 8. Mother is to insure that the children have no contact with Mother's son, Anthony Fickes or Mother's boyfriend, Elip Mercardo. 9. Mother is prohibited from driving the children in any vehicle. She is prohibited from taking the children to any prison. 10. Mother shall have liberal telephone contact with the children. 11. This Order has been entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another conciliation conference is scheduled for December 19,2005 at 10:30 a.m. "--" ; /'/,/ >/ ." BY THE COUI9', ,/ , / /.". .} ~-1:v:/ / Edg~Yley, .' J. cc'%, 1. Lindsay, Esquire - Counsel for Father ''/ ssica Holst, E~nn Legal Services, Counsel for Mother ~~ ,O'~ ~_ ......1 '"~ i'.-~ ("'....; OSMAN CABRERA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-5006 CIVIL ACTION - LAW ANGELA J. CABRERA, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Nicole Cabrera Kenzie Marlene Cabrera Kai Nicholas Cabrera June 3, 1997 July 15, 1998 December 5, 2000 Father Father Father 2. A Conciliation Conference was held in this matter on October 20,2005. Present at the Conference were: Father, Osman Cabrera, with his counsel, Carol J. Lindsay, Esquire, and Mother, Angela J. Cabrera, with her counsel, Jessica Holst, Esquire. 3. The Honorable Edgar B. Bayley entered an Order of Court dated September 23, 2005 providing Father with legal and primary physical custody ofthe children with Mother having periods of partial physical custody as agreed. 4. The parties agreed to an Order in the form attached. Jf) -- J() "05" Date 'J ." /~; 1/> '~'L--< l. ~.{.~. Aacq line M. Verney, Esquire Custody Conciliator SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS'AT'LAW 26 W. High Street Carlisle, PA OSMAN CABRERA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-5006 v. ANGELA J. CABRERA, Defendant IN CUSTODY PETITION FOR CONTEMPT OF A COURT ORDER AND NOW, comes Osman Cabrera by and through his counsel, Saidis, Shuff, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are parents of three children: Kayla Nicole Cabrera, born June 3, 1997, Kenzie Marlene Cabrera, born July 15, 1998 and Kai Nicholas Cabrera, born December 5, 2000. 2. Custody of the children is controlled by an Order of Court dated October 21, 2005. A copy of the Order of Court is attached hereto as Exhibit "A". 3. Pursuant to the Order of Court, Petitioner has sole legal and primary physical custody of the children subject to, inter alia, the following rights in Respondent and restrictions on Respondent. A. Respondent's visitation with the children on Saturday and Sunday between 9:00 AM and 3:00 PM is to be supervised by Mother's grandmother. B. Respondent is to ensure that the children have no contact with her boyfriend, Elip Mercardo. C. Respondent is prohibited from driving the children in a vehicle. She is also prohibited from taking the children to any prison. 4. Respondent violated the terms of the Order of Court of October 21, 2005 in the following particulars: A. The visits have not been supervised by her grandmother pursuant to paragraph 4 of the Order. SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS'AT'LAW 26 W, High Street Carlisle, PA II B. On October 29, 2005, Mother took the children to see her boyfriend, Elip Mercardo in violation of paragraph 8 of the Order. C. On October 29, 2005, Respondent violated the Order by driving the children in a vehicle and by taking them to prison. Additionally, Respondent drove the children in vehicles on October 23 and October 29. 5. Respondent has averred that she has no intention to follow an Order and that no Order can tell her what to do with her children. WHEREFORE, Petitioner prays this Honorable Court to find Angela A. Cabrera in contempt of Court and to terminate her partial custody of the parties' children SAlOIS, SHUFF, FLOW ) & LINDSAY / .......,,"- SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEVS-AT.LAW 26 W. High Street Carlisle, P A VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. S4904, relating to unsworn falsifications to authorities. ~~\C Osman Cabrera Exhibit "A" j:-<.t~,A'; J2.,] \! t',., no l! I) LOuJ 13 Y JJ!2..tf OSMAN CABRERA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-5006 CIVIL ACTION LAW ANGELA J. CABRERA, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this :<.1 day of V~ +..o.be R ,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of Court dated September 23, 2005 is hereby vacated. 2. The Father, Osman Cabrera shall have sole legal custody ofKayla Nicole Cabrera, born June 3, 1997, Kenzie Marlene Cabrera, born July 15, 1998 and Kai Nicholas Cabrera, born December 5, 2000. 3. Father shall have primary physical custody of the children. 4. Mother shall have periods of supervised custody every Saturday and Sunday from 9:00 a,m. to 3:00 p.m. Mother's Grandmother shall be the supervisor. 5, Father shall be responsible for all transportation. He shall drop off and pick up the children at the curb. Grandmother must be visible to Father at drop off and pick up. 6. Mother shall not use illegal drugs immediately before or during her periods of visitalion. 7, Mother shall insure that there is food available to the children and that the home has electric service. 8, Mother is to insure that the children have no contact with Mother's son, Anthony Fickes or Mother's boyfriend, Elip Mercardo. 9. Mother is prohibited from driving the children in any vehicle. She is prohibited from taking the children to any prison, 10. Mother shall have liberal telephone contact with the children. 11. This Order has been entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent In the absence of mutual consent, the terms of this Order shall control. Another conciliation conference is scheduled for December 19,2005 at 10:30 a.m. BY THE COURT, / cc: Carol 1. Lindsay, Esquire - Counsel for Father Jessica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother RECEIVED OCT 2 2005 OSMAN CABRERA, Plaintiff : IN THE COURT OF COM : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-5006 CIVIL ACTION - LAW ANGELA J. CABRERA, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Nicole Cabrera Kenzie Marlene Cabrera Kai Nicholas Cabrera June 3, 1997 July 15, 1998 December 5, 2000 Father Father Father 2. A Conciliation Conference was held in this matter on October 20, 2005. Present at the Conference were: Father, Osman Cabrera, with his counsel, Carol J. Lindsay, Esquire, and Mother, Angela], Cabrera, with her counsel, Jessica Holst, Esquire, 3, The Honorable Edgar B. Bayley entered an Order of Court dated September 23,2005 providing Father with legal and primary physical custody of the children with Mother having periods of partial physical custody as agreed. 4. The parties agreed to an Order in the form attached, 10 -J,() '('~ Date . i' , " . , ) . v' / ~~L,-,,-< II. i~<-<.~ ./.lacq eline M. Verney, Esquire ] Custody Conciliator SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle. P A II CERTIFICATE OF SERVICE I, Carol J, Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual(s), via first class mail, postage prepaid, addressed as follows: Jessica Holst, Esquire Mid Penn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 Carol J. Lindsay, Esquire Supreme Court 10 No. 693 26 West High Street Carlisle, PA 17013 717.243-6222 Dated: /I.\?'-OS C) f'-" c' ~. .,) () ~" ~'j1 ~ -\ ,"- '-J f"Ti :TI r:\' ~ CJ r' C) :', , ~ .' , c., <.;'? (,n :;.) -' .-< OSMAN CABRERA PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-5006 CIVIL ACTION LAW ANGELA J. CABRERA DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 15, 2005 , 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_."."t.h}'Ioo~, Cn,!,.beri"-I!d C,,-unl}:. Courthouse, Carlisl~"" on. Thursday, December IS, 2005 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 be accomplished, to detine and narrow the issues to be heard by the court, and to enter into a temporary order. All childrcn age five or older mav also be present at the conference. Failure to appear at the conference mav provide grounds for entry of a temporary or permanent order. The court hereby directs tbe parties to furnish any nnd all existing Protection from Abuse orders, Specinl Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq. ~ Custody Conciliator V' 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO 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 (7 I 7) 249-3166 lf7, ~~ _~~ ""</'/ ~ fi'? .P ~J-?/~.-j v-(/// ~ 7" 7"'ir-~" /)? SV(('I/ ' - "'\;r;J ., -; .f." J,U /, I /iO:) sDn (,"" Ot... ",'::) , J :lHl::fO :,nj.,!_'.:t'i--(!Jli:I -'\,'-'" . OSMAN CABRERA, Plaintiff _' I ~LU05 {/Jc{ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA }- V. : NO. 2005-5006 CIVIL ACTION LAW ANGELA J. CABRERA, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 7AJ day of \~- ,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I, Mother acknowledges that she was in contempt of the prior Order. The prior Order of Court dated October 21, 2005 shall remain in full force and effect with the following modifications which are conditions for Mother to purge the contempt; 2. The Father, Osman Cabrera shall have sole legal custody of Kayla Nicole Cabrera, born June 3, 1997, Kenzie Marlene Cabrera, born July 15, 1998 and Kai Nicholas Cabrera, born December 5, 2000, However Mother is permitted to participate in school activities with the children, Father shall provide scheduled activities to Mother and Mother shaH advise Father is she will attend, in which case Father's paramour shaH not attend the activity, 3, Mother shall have periods of custody every Sunday, unsupervised, from 9:00 a,m, to 5:00 p,m, In addition, Mother shall have physical custody ofthe children on the second Saturday of every month from 9:00 a,m., overnight to Sunday at 5 :00 p,m, 4, Mother shall have physical custody of the children on Christmas from 2:00 p.m. to 8:00 p.m. 5. Father shall assure that the children call their Mother every Monday, Wednesday and Friday after 7:00 p.m, 6, Neither party may discuss the custodial arrangement with the children or in the presence of the children, 7, All other provisions of the prior Court Order shall remain in full force and effect. 8, This Order has been entered pursuant to an agreement of the parties at a Custody Conciliation Conference, The parties may modify 1he provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another conciliation conference is scheduled for Mar,ch 14, 2006 at 9:30 a,m. - Edgar B. Bayley, \ J, cc: Carol J. Lindsay, Esquire - Counsel for Father Jessica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother >. g; is wQ 0< u_ C.' ~~~~:: 69 1LI D_ ...J G:lU 'I.: F lL o ..:r ~ a: a N U W Cl '''' t.7..l =, "" r:.; ..~'::: _J () OSMAN CABRERA, Plaintiff : IN THE COURT OF ICOMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-5006 CIVIL ACTION - LAW ANGELA J. CABRERA, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE ]9]53-8, the undersigned Custody Conciliator submits the following report: ]. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Nicole Cabrera Kenzie Marlene Cabrera Kai Nicholas Cabrera June 3, 1997 July] 5, 1998 December 5, 2000 Father Father Father 2. A Conciliation Conference was held in this matter on December 15,2005. Present at the Conference were: Father, Osman Cabrera, with his counsel, Carol J. Lindsay, Esquire, and Mother, Angela J, Cabrera, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services, 3, The Honorable Edgar B. Bayley entered an Order of Court dated October 21, 2005 providing Father with legal and primary physical custody of the children with Mother having periods of supervised physical custody every Saturday and Sunday. 4, The parties agreed to an Order in the form attached. 1J- - /';'(:) Date " ,A( , I. '-...---<.' 1''' '.-v'vt..( (1 acq cline M, Verney, Esquire // Custody Conciliator ~ , , RECEIVED MAR 15 200Br OSMAN CABRERA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-5006 CIVIL ACTION LAW ANGELA J. CABRERA, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Mother's periods of partial physical custody are hereby suspended. Except for the provisions relating to Mother's periods of partial physical custody, all other provisions of the prior Orders of Court dated October 21, 2005 and December 20, 2005 shall remain in full force and effect 2, of Court. Mother may petition the Court at any time for a modification of this Order 3. This Order has been entered pursuant to a Custody Conciliation Conference, The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shaH control. cc: Carol], Lindsay, Esquire - Counsel for Father . Jessica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother I ? - Ii -IJ 0 C! '. ( ~.~ JY5 ~ ~L \-*'- ,--', l~fl ~~? '- .....' t:;,~- t'.::.:ci: Wu- ~:::dt.-\J u-fS tJ-. o r- N .::r ,.,.. - 0- ..a - ~ -:;r:. ..c> g ~... (.: Z ::>.,( .'),"" ;.)~ .3 :'~rn '-_,.-.1' ,-!4 __)(b .:1;) 0.- S '5 o .,.--------- . RECEIVED MAR 152006 (' I OSMAN CABRERA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-5006 CIVIL ACTION - LAW ANGELA J. CABRERA, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I, The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Nicole Cabrera Kenzie Marlene Cabrera Kai Nicholas Cabrera June 3, 1997 July 15,1998 December 5, 2000 Father Father Father ') A Conciliation Conference was held in this matter on March 14, 2006. Present at the Conference were: Father, Osman Cabrera, with his counsel, Carol J, Lindsay, Esquire, and Mother's counsel, Jessica Holst, Esquire, Mid Penn Legal Services, Mother did not appear as she is currently incarcerated, 3. The Honorable Edgar R Bayley entered Orders of Court dated October 21,2005 and December 20, 2005 providing Father with sole legal and primary physical custody of the children with Mother having periods of partial physical custody every Sunday, 4. Jessica Holst, Esquire, counsel for Mother, did not have authority to agree to the attached Order of Court, Father requested an Order in the form attached. j.;L/_(~ Date " . i ;"'--<"'}.,,,.J.__-< /l-(, V,(~'v><.i'7 .JaeqUeline M, Verney, Esquire' Custody Conciliator