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HomeMy WebLinkAbout01-0907 FX VICTOR CRUZ, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 01- q()1 G~:.('T~ MELINDA A. WHITZEL, Defendant : CIVIL ACTION - AT LAW : CUSTODY ORDF.R OF C'OTTRT AND NOW, this day of ,2001, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , conciliator, at on the day of ,2001, at _ o'clock _.m., 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 may also be present at the conference. Failure to appear at the~onferencemay provide grounds for entry of a temporary or pennanent order. FOR THE COURT: BY: Custody Conciliator ":~_;!lJ' fl- ~,,- VICTOR CRUZ, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. MELINDA A. WIllTZEL, Defendant : CNILACTION -ATLAW : CUSTODY AMERICANS WITH DlSABH.,ITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. BY THE COURT: Dat" J. " Pf, ":e _~ .~ - ~,' ,1'1"'I' FAMILY LAW CLINIC A service to the community by students from The Dickinson School of Law of The Pennsylvania State University The Dale F. Shughart Conununity Law Center 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 January 28, 2002 The Honorable Kevin J. Hess The Cumberland County Courthouse Carlisle, PA 17013 Dear Judge Hess: Re: Cruz v. Whitzel, No. 01-907" New Custody Hearing Time This is to confirm that you have changed the time for the Custody hearing on March 21, 2002, in the above matter from 9:00 a.ill. to 9:45 a.ill., upon our request and with concurrence from opposing counsel. Thank you. cc: Melinda Whitze1 Rodriguez Jeanne B. Costopoulos, Esquire, Counsel for Plaintiff PENNSTATE ., The Dickinson School of Law An Equal Opportunity University ::", "i',_ ,,,- i '- . - '."" '0::;;,""" '-,""1,_' ,_,''3^C''_(;'''_,''(;<'''' u"?" ,1!l"I-, ,'_ "_,~,,, _,0_' _ '., -"0. ~ ," _ _ -", '_~ , ,~-''''- .-,-.,.. ,.= - v. : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 0/' 907 CevJ. /..u...-.. VICTOR CRUZ, plaintiff MELINDA A. WHITZEL, Defendant : CIVIL ACTION - AT LAW : CUSTODY C.OMPT.A TNT TN rTTSTOnV AND NOW, the PIaintifl:: Victor Cruz, by and through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The PIaintifl:: Victor Cruz is an adult individual who currently resides at 777 Heck Hill Road, Lewisberry, York COuilty, Pennsylvania, 17339. 2. The Defendant, Melinda A Whitzel, is an adult individual who currently resides at 53 Victor Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. There is one dependant child from this marriage, namely Tiffany M. Whitze~ DOB: 1/18/92. 4. The Plaintiff seeks visitation of the following child: Name PrP.~P.tlt R p~lc1p.nC'.P. .Age Tiffany M. Whitzel 53 Victor Drive 8 Mechanicsburg,P A 17055 5. The child was born out of wedlock. 6. The child, Tiffany M. Whitze~ is presently in the custody of her mother who resides at 53 .......L' 'I' ~""'_".~__,""" ,~,_'l"'_h_ ~., ._~""''''~~_I.....I. -~ , ." Victor Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 7. During the past five years, the child resided with the following persons and at the following addresses: Name Arlrlr,,.. Dates Melinda A Whiti:e~ her fiance (name unknown) and their three children (names and ages unknown) 53 Victor Drive Mechanicsburg,PA 17055 1996 - Present 8. The mother of the child is Melinda A Whitzel, Defendant, currently residing at 53 Victor Drive, Mechanicsburg, Cwnberland County, Pennsylvania, 17055. 9. The father of.thechildis. Victor Cruz, Plaintiff; currently residing at 777 Heck Hill Road, Lewisbeny, York County, Pennsylvania, 17339. 10. Plaintiff is not married to Defendant. 11. The relationship of the Plaintiff to the child is that ofnatural father. 12. The felationshipofthe Defendant to the child is that.ofnatural mother. ToP1aintift's knowledge, Defendant currently resides with Tiffany M. Whiti:el (daughter) and Plaintiff's fiance and their three children (names unknown). However, it is not known if Defendant is .residing with anyone else. 13. Plaintiff hasootp811icipated $a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. ':Co ',' ^ , 'w _"",.., 'I. _ ___I'!!I -~ " 14. Plaintiff does .notknowofapersonnota party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 15. The best interests -and. permanent welfare of the child will be served b-y granting the relief requested because: (a) Plaintiff is the natural father of the child. (b) Plaintiff has tried to establish a relationship with the child, but Defendant has refused to allow "\lisitatIDnormeaningfulcontact with the child beyond the occasional telephone call. (c) Plaintiff desires to exercise parental duties and to enjoy the love .<mdaffection of the child. (d) The child shouldbepennitted to enjoy the love, affection, and emotional support which can be provided by her natural tather. (e) The child would benefit from .knowingand having regular .contactestablished with her natural father. 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. No other persons are known to have or claim aright to custody or visitation..ofthe-child to be given notice of the pendency of this action and the right to intervene. '1:;'- .?! r.o"'" ,., -q<c ."'_ -'-- _ _ ," ~ I~_o" -~ . WHEREFORE, Plaintiffrespectfully.requests that he be granted temporary physical custody (visitation) of his child. Respectfully submitted, Date: -z{1(O{ J e B. Costopoulos, Esquire AT ORNEY FPR PLAINTIFF 1400 N. Second Street Hanisburg, PA 17102 (717) 221-0900 Supreme Ct. ill No. 68735 '''~~",,",i!l- _""-r,- --.,,,''',-, ,0_,," O-H~-"'O ~_. '~_I",'_ VICTOR CRUZ, Plaintiff : TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. MELINDA A. WIllTZEL, Defendant : CIVIL ACTION -ATLAW : CUSTODY VER1FTC'A nON I, Victor Cruz, hereby verifY that the statements made in the foregoing Custody Complaint are true and corr~. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: ~-o'i -6 J Signature: ~ Victor Cruz ~ 1,- .-- "->'"'-~ - '.- ,.. ~, - _" .1l'T'l < \-w .' VICTOR CRUZ PLAINTIFF V. MELINDA A. WHJTZEL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-907 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 19th day of February, 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliat at 39 West Main Street, Mechauicsburg, PA 17055 on the 1st day of March ,2001, at 1:00 p.m. 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 may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl 'awn S. Sund'a E Custody Conciliat 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 arrangernents 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ;,..,( I"" r. ."' "'('<"1 %1iMi~"Ii,;.!Hii"""dll,"""'I'Nj'NlliiL.f."MJ&;"d"-~,_~",,,,.;1.-<a{"["""_d,..,..-..M'":",,~'." "_",~."~1"-,,,,,,,_,,,'''i,~,.,,Jf;=~'''''''.lol'''''I.i,u!ilili;~~_,,,~''':!\i~lIW!!~liil" tIliii1.ti.l.~" ~ ,<'::TN~Y .". - r-~'l'" r'" I" r,' \ f.,,;; f' ;',',1::' l j~ ~ 'l ;::: n! "'''1 P _,; ,)''- I ',I' '-', "',,.-,\' i\ITY l.)vfVL:~...:r1j'''.)\iL.' i..A..JtJl \j. PENNSYLVI\Nli\ <:J-GJ/'O/ W-~_~ ~ 4' ~ CJ ;;2/-t:YI lJ1~ ~ ~ 4f- d- .o?j tJ/ t"~ #:Jv z, ~.~. < ,; A [l '-"',<,,~, >^~-~'".._,--~~ "~~'",,., " 0 . ~ " .. I Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA VICTOR CRUZ, vs. NO. 01-907 CIVIL ACTION LAW MELINDA A. WHITZEL, Defendant IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the Family Law Clinic on behalf of the Defendant, Melinda A. Whitzel, in the above captioned matter. March 1, 2001 ){~9~ Matthew 1. Goodrich Certified Legal Intern a;;;J C ;d~ Teri L. Henning Robert E. Rains Thomas M. Place Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ~"'c",__, '_1"-," _,_,;_,<,_,~,,,,,,,, _,,_ _-c'"'O,,,"V,,,",,"^";_'"'" ,_,I'l'k'''''__r~_,",,_~_"''":>-'''"~""__' ",~ _ "e ",0,'_ -"", ,,--,-",,-, ~ J Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA VICTOR CRUZ, vs. NO. 01-907 CIVIL ACTION LAW MELINDA A. WHITZEL, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Matthew 1. Goodrich, hereby certify that I am serving a true and correct copy of a Praecipe to Enter Appearance for defendant, Melinda A. Whitzel, on the following person, counsel for plaintiff, by depositing a copy of the same in the United States mail, postage prepaid, this 1" Day of March, 2001: Jeanne B. Costopoulos, Esquire Costopoulos & Welch 1400 North Second Street Harrisburg, PA 17102 .J/aft).wP 9 ~~ Matthew 1. Goodrich Certified Intern for Defendant THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 . :\,. --, ""I- -, ~""-'-.'-~' ,,__,..~~._'~h'"_ " . re-,_ . -,-"'r"I-. -"~-. ..>.'~' -_~.__,=_ J~'''' .., VICTOR CRUZ, . IN THE COURT OF COMMON PLEAS OF . plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-907 CIVIL TERM . . MELINDA A. WI1ITZEL, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NCii', this J~ consideration of the attached and directed as follows: day of ~. '/ CUstody Conciliation , 2001, upon Report, it is ordered 1. The Mother, Melinda A. Whitzel, shall have primary physical custody and legal custody of Tiffany M. Whitzel, born January 18, 1992. 2. The Father, victor Cruz, shall have periods of visitation with the Child, which shall be supervised by the Mother, on Sunday, April 1, 2001, from 2:00 p.m. until 3:00 p.m., Saturday, April 14, 2001, from 2:00 p.m. until 3:00 p.m. and Sunday, April 29, 2001, from 2:00 p.m. until 3:00 p.m. Unless otherwise agreed between the parties, these periods of custody shall take place at the McDonalds restaurant (beside K Mart) on the Carlisle pike in Mechanicsburg, PA. The parties shall be flexible in adjusting the length of these initial periods of custody as necessary to serve the best interests of the Child as she begins to develop a relationship with the Father. 3. Beginning in May 2001 and continuing thereafter, the parties shall establish a gradually expanding custody schedule for the Father with the specific arrangements to be determined by the Child's level of adjustment to the developing relationship with her Father. The parties acknowledge that it is their goal to gradually increase the Father's periods of custody (as appropriate to the Child's readiness) eventually to overnight periods of unsupervised partial custody. 4. In the event the Father is unable to exercise a scheduled period of custody, the Father shall notify the Mother at least 2 hours in advance by telephone. In the event the Father fails to exercise his period of visitation without prior notice to the Mother, the Father's visitation shall be suspended until such time as he contacts the Mother in advance to reschedule. If the Father fails for a period of one month to exercise his visitation rights, the custody schedule shall be suspended pending further Order of Court or agreement of the parties. 5. In the event the parties are unable to establish an ongoing custody schedule beginning in May 2001, by agreement, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. '-,1. "1.-1'.'-. 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 mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 7'/14- .~ 3, 1\ . ~ D\ L-~~,D~l': ~K cc: Matthew Goodrich and Robert Rains, Esquire - counsel for Mother Jeanne B. Costopoulos, Esquire - Counsel for Father -_~<_r " ,_~_, "" ,,,_. ",. ,_ 0 "', . ~~ ,,"","~ ~ " ,~-,..-- VICTOR CRUZ, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-907 CIVIL TERM : MELINDA A. WHITZEL, . CIVIL ACTION - LAW . Defendant : IN CUSTODY CUSTODY CXJilCILIATICl.\1 SUMMARY REFCRT IN ACCOODANCE WITH CUMBERIJ\ND CXXlNTY ROLE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CllRRI!l\ITLY IN CUSTODY OF Tiffany M. Whitzel January 18, 1992 Mother 2. A Conciliation Conference was held on March 27, 2001, with the following individuals in attendance: The Father, victor Cruz, and the Mother, Melinda A. Whitzel, with her counsel, Matthew Goodrich and Robert Rains, Esquire. The Father's counsel, Jeanne B. Costopoulos, Esquire, participated in the Conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. iYlClACA d-? cJ.oe)/ Date II ~ Dawn S. Sunday, Esquire~ Custody Conciliator L',il_ .._1."" .. "., .. ". ~" 1-'1- I j Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VICTOR CRUZ, : vs. : NO. 01-9071 CIVIL TERM . . MELINDA A. WllITZEL, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF <DIRT \ AND In'l, this ],A day of ,-,"'P upon consideration of the attached CUstody conciliation ordered and directed as follows: , 2001, Report, it is 1. The prior Order of this Court dated April 3, 2001 is vacated and replaced with this Order. 2. The Mother, Melinda A. Whitzel, shall have primary physical custody and legal custody of Tiffany M. Whitzel, born January 18, 1992. 3. The Father shall have gradually expanding periodS of custody with Tiffany in accordance with the following schedule: A. The Father shall have custody of the Child on Wednesday, June 20, 2001 frcm 5:00 p.m. until 7:00 p.m. at the Trindle Bowling Alley in Mechanicsburg. The Mother shall transport the Child to and frcm the bowling alley but shall not be present in the bowling alley during the Father's period of custody. B. The Father shall have custody of the Child on Sunday, July 1, 2001, Sunday, July 15, 2001 and Sunday, July 29, 2001 from 10:00 a.m. until 6:00 p.m. The Father shall pick up the Child from the Mother's residence at the beginning of the period of custody and shall return custody of the Child to the Mother's residence. C. The Father shall have custody of the Child from 10:00 a.m. until 6:00 p.m. on Saturday, August 11, Sunday, August 12, Saturday, August 25, Sunday, August 26, Saturday, September 8, and Sunday, September 9. The Father shall provide all transportation for exchanges of custody under this provision. In the event the Mother schedules a family vacation during one of the Father's weekend periods of custody, the parties shall schedule a makeup period of custody either during the weekend immediately preceding or following the missed custody period. D. The parties acknowledge that it is their goal to gradually incresse the Father's periods of custody to overnight weekend periods of custody, beginning with Saturday overnights which __ I ~ iii~:ji'~'*i,;~~.._",.,;.ji";"""'''''illI~~''>l*''','I,I;''._I'r;''"-,,,:~,'i,",~",,",'~jgo;~'i~e f' 1 \ .' ~,~~"~,,.", ~.~""<'.'-'T~--'~~< . ~_ _ - '"JillIIIII ~" . ~ru ~i.IIii!~l1lI!~<'\!lIli.I'~ .'~ IL - .J)TARY r, 'I J1 '\~I ? I ..... ~.J,. '- . ~" 3 I" ['.'f1 ..: . b CUMGEHLAi,(j COUNTY PENNSYLVANiA '. .0_ " may then be expanded to Friday through Sunday periods. pending further Order of Court or agreement of the parties to begin the overnight weekend periods of custody, the Father shall continue to have custody on both Saturdays and Sundays from 10:00 a.m. until 6:00 p.m. on alternating weekends as provided in this provision. 4. The noncustodial parent shall have liberal telephone contact with the Child. 5. The parties shall attend a Custody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on Tuesday, September 11, 2001, at 8:30 a.m. The purpose of the Conference shall be to discuss the advisability of expanding custody arrangements to include overnights and to establish a custody schedule for holidays in the event the parties have not been able to reach an agreement. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. 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 mutual consent. In the absence of mutual consent, the terms of this Order shall control. r Kevin A. Hess cc: Jeanne B. Costopoulos, Esquire - Counsel for Fathei J. :"'~- ;;':"-=:'1 - 'r -"- .C' 1'~1-'- , , " plaintiff : IN THE CXlORT OF CXlMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VICTOR CRUZ, : vs. : NO. 01-9073 CIVIL TERM : MELINDA A. WHITZEL, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH COMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CORRENTLY IN CUSTODY OF Tiffany M. Whitzel January 18, 1992 Mother 2. following counsel, Whitzel, A Conciliation Conference was held on June 7, 2001, with the individuals in attendance: The Father, victor Cruz, with his Jeanne B. Costopoulos, Esquire, and the Mother, Melinda A. with her counsel, Teri L. Henning, Esquire and Jennifer Garrison. 3. The parties agreed to entry of an Order in the form as attached. ~ / /. .:;.00 I , (].~ Dawn S. Sunday, Esquire Custody Conciliator Date "~~ ~I ;'-'-"~-'- ,~ . ~,,' ,,~, ~""" < r .~ vs. SEP 2 02001tJ/J : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA : NO.01-907J CIVIL TERM , VICTOR CRUZ, Plaintiff MELINDA A. WHITZEL, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tiffany M. Whitzel January 18,1992 Mother 2. A Conciliation Conference was held on September 11,2001, with the following individuals in attendance: The Father, Victor Cruz, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Melinda A. Whitzel with her counsel, Matthew J. Goodrich and Robert Rains, Esquire. 3. It was agreed at the Conference that entry of an additional Custody Order at this time is not necessary. However, the Father agreed to contact th~ Child's psychiatrist, Dr. Mary Bartas White, in an effort to obtain information and assistance with ,regard to Tiffany. It was also agreed that an additional Custody Conciliation Conference would beheld on Wednesday, November 7,2001 at 11:00 a.m. in the Conciliator's office. ;;;; f'K ~/I Date I 0\ rl-eY) / , Dr2~~ Custody Conciliator Cc: Jeanne B. Costopoulos, Esquire Matthew J. Goodrich and Robert Rains, Esquire l-~~'O' ;":r,;, ""V ~T' ~ ." 1'1 " ,. .~ , VICTOR CRUZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-907' CNIL ACTION LAW MELINDA A. WHITZEL, Defendant IN CUSTODY ORDER OF COURT AND NOW, this /~ day of ~A//YYI/A-VJ ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. A Hearing is scheduled in Court Room No. "Y , of the Cumberland County Court House, on the ~;bllc( day of .4J~/7./AL?/l<W- ' 200d........., at J',',3 Q o'clock, -/!S.m., at which time testimony will be taken. For'Purposes of thIs Heanng, the Father, VIctor Cruz, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated June 21, 2001, shall continue in effect. BY THE COURT, cc: Jeanne B. Costopoulos, Esquire - Counsel for Father Matthew J. Goodrich and Robert Rains, Esquire - Counsel for Mother I",t ~. '" . d,', "]" I ~ ~, " ~" , . ~ J. .'fl~ ;1~ . /y-/J-O R~S ~,~ ~ ;:.... !if I--" ),l,!$;) ~= t,<.Q <;5-1==: Ctl~? l.i]Cj" "....( - CC!o:L;;i "'j"':.-~: L,- o t.r) ~ ti ::5 O.;;I V<' .':) SS" ">:S= :'~Q) ,::)< FE <: ,'nW "s;u.: ::5 o - - :JC "<r I.r) - .::.. !Ii - <::) ~"_"SII_~_-<'1"- _,~J!l!4>.~ _ ~ ~ '" ,,"- , 'W ,~ _" ._ _, '-' .~ .'. '-'. -.~'_ _"'~""VN ',..;:"..,-","_,' "-,~,-,,- '."" ~" ,'''-~~,.~,~- " - ..- lrr ~. , _?~-!"'~~~ ~~"!~~'~',!~'~''''t'f''''"':'''''''''_'_T'_'- --"'~"'_t'1.ff,"(;l!IIll1t.!<<'~'~f'$""i">'i';-""1r>;iBl'<"l'f~'~""^mJ!\l~W~~I"j .. / , VICTOR CRUZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-9073 CIVIL ACTION LAW MELINDA A. WHITZEL, Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator subrnits the following report: 1. The pertinent information concerning the Child who is the subj ect of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tiffiany M. Whitzel January 18, 1992 Mother 2. A Conciliation Conference was held on November 7,2001, with the following individuals in attendance: The Father, Victor Cruz, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Melinda A. Rodriquez (formerly Whitzel), with her counsel, Matthew J. Goodrich and Robert Rains, Esquire. 3. This Court previously entered an Order in this matter on June 21, 2001, under which the Mother had primary physical and legal custody and the Father had gradually increasing periods of partial custody up to alternating weekends on both Saturday and Sunday from 10:00 a.m. until 6:00 p.m. A subsequent Conference was held on September 11, 2001 to discuss expansion of the Father's periods of custody. However, at that time, the Father was having behavioral problems with the Child during periods of custody and it was agreed that the Father would contact the Child's psychiatrist in order to obtain assistance with respect to the Child's special needs (ADHD) and adjustment to the custody schedule. At the Conference which is the subject of this Report, the Father reported that the Child's behavior had significantly improved and therefore he had felt it was not necessary to contact the psychiatrist. The Father sought to expand his periods of custody to alternating weekends, including overnights. The Mother objected based on her belief that the Child is not ready for overnight periods of custody. The parties were unable to reach an agreement at the Conference and it will be necessary to schedule a Hearing. -~'J: , > -.'.' II f'" 1''''' - \ 4. The Father's position on custody is as follows: The Father initiated this custody proceeding in March 2001 to reestablish a relationship with the Child, who is now 9 years old. As the Father had little contact with the Child over the past several years, he agreed to a gradually increasing custody schedule beginning with one hour visits with the Mother present. The Father believes that since he has had custody of the Child on alternating weekends on both Saturdays and Sundays for several hours since June 2001, it is now time to expand the schedule to include weekend periods of custody from Friday through Sunday. The Father stated that the Child's behavior during periods of custody has dramatically improved over the past few weeks and she no longer resists coming to spend time with him. The Father believes the Child is ready for overnight periods of custody and indicated that if there were a problem with adjustment to overnights, he would contact the Mother to change the arrangements if necessary. 5. The Mother's position on custody is as follows: The Mother stated that she does not believe the Child is ready to begin overnight periods of custody with the Father at this time. Although the Mother acknowledged that the Child is having fun spending time with her Father and does not put up a fight before periods of custody as she had previously, the Mother bases her objection to overnights on prior concerns expressed by the Child's psychiatrist. The Mother also indicated that the Child's medication for ADHD will be changing this week and the Child is taking medication at night for sleeping problems. The Mother believes that progression to overnight periods of custody at this time when the Child must also make adjustments in medication would be detrimental to the Child. The Mother was not willing to try single overnight periods from Saturday through Sunday as an initial step toward full weekend periods of custody. 6. The basic issue for the Court's determination at Hearing is whether or not overnight periods of partial custody are in the Child's best interests at this time. It is expected that the Hearing will require at least one-half day as both parties indicated that they intend to present the testimony of third parties and the Mother may also present testimony by the Child's psychiatrist. Date 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing. /V~ :Y. dorl! a.J A ;j , Dawn~~~ Custody Conciliator '3'll1,_, ,~_ _~_I~ r,,~~ 1'1 1', " VICTOR CRUZ, Plaintiff vs. MELINDA A. WHITZEL, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-0907 CIVIL CIVIL ACTION - LAW ORDER S-" day of February, 2002, at the request of counsel for the defendant, and with the concurrence of counsel for the plaintiff, the time for hearing in this matter set for March 21, 2002, is changed to 9:45 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. ~anne B. Costopoulos, Esquire For the Plaintiff vi""amily Law Clinic, Esquire For the Defendant :rlm ,~~.,',. -,"-' - ''''''". ~,,-" BY THE COURT, /1J "j()JJ > t::;-~~ lrXs ~- -- 'T ~~~~\:Im!l]~k..,<;k'<J~"'";i,';':_&;~,~&~ij.~i'I.i;Ii,~"':..wlif<i;;!lili'lIiO:~lJilillltl~--' ,"" ~ - .. ~ -,., ,-"-,~-' lULl - '--'-::'{-'i',,'(\]}RY !'l ,", t" ,.1'1 ~- IJ,;','. I ~:. 0 - J M'lll: 11.; l"., I\:",:~., '.,1'"' ;-,,',1 iHfV ,1...;iv,....._rILf"',; \W v...AJl'~ I I FHJI\iSYLV!>NII\ .' ~"~,-,,, " " - - ,~- ',..,- ,,>-., "-' .'<'. ''', ~- - ~~.,,- -ilJli '.. _0 _~ ,. ~ ~" ._ ... .. j VICTOR CRUZ, Plaintiff : TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-0907 CIVIL MEUNDAA. WHITZEL, Defendant : CIVIL ACTION - AT LAW : CUSTODY ORDER OF C'OllRT AND NOW, this I ~ day of ft d /1.e>.A , 2002, upon consideration of Plaintiff's Motion for a Continuance, it is ordered and directed as follows: 1. The hearing previously scheduled on March 21,2002, at 9:45 a.m.. is continued until the &..,.L dayof M ,2002, at Q,'3o a m..inCourtroomNo.4ofthe Cumberland County Courthouse, Carlisle. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated June 21, 2001, shall continue in effect. BY TIIE COURT: ~ B. Costopoulos, Esquire ,..,-J'\ " . ",) . (\' \ For the Plaintiff L u ~ ..[f) o.l:h-d /amily Law Clinic > 03-Jf$-()i L Rj{S For the Defendant /l,i ,-. -I .-- " 'I-I' --. j,ljj~Jilj~-'- ~-~Jiilil~J~~~~l!l~~1li''-~Yi"{"'t,,,.,,j;;",ll'S''~,:;J>--,'',;;;,,;t',\-~ 1 ^ < "~, '" =~', ",<~. r h' -M~ "' ~~ulil!llij'(~"""~~' u "",-,-,.;'~=' l"'i:;- ,. ., U'c.? f,lflP I" .~ I !t-" \ :.; P(; 12: n! C' 'II'...."L ' . '-"'N'~I , "'I'-'O~:"\ l: '\I!.J\ r ('~'U '" "'" ~ W.....l . ~ 1, , \.1'-..' , I PENNSYLv''INIA ~~ c ,~ ~~ "- . VICTOR CRUZ, Plaintiff : TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-0907 CIVIL MELINDA A. WHITZEL, Defendant : CIVIL ACTION -ATLAW : CUSTODY PI ,4 lNTlli'1<"S MOTION FOR A C.ONTINI! ANC.F, AND NOW, the Plaintiff, Victor Cruz, by and through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Motion for a Continuance: 1. Plaintiff filed a Complaint in Custody on February 14,2001. 2. Following various custody conciliation conferences held before Dawn S. Sunday, Esquire, the conciliator, a hearing was scheduled to take place on March 21,2002 at 9:45 a,m. 3. Plaintiffhas obtained a new job after having been unemployed for several weeks and he is still subject to a probationary period during which time he cannot take time off. In addition, Plaintiff is in the process of changes residences as a result of his financial difficulties, 4. Due to the above, Plaintiff is seeking a continuance of the hearing until late June or July of 2002. 5. Georgina A. Howells, Certified Legal Intern at the Family Law Clinic, has indicated that Defendant does not object to a continuance of the hearing until June or July of2002. ";:'!l '-~ I' ,. -" ., -, ,"~~"',".' - ~ 1"'1 _T" - , 6. The parties are presently subject to a custody order dated June 21, 2001. Plaintiff requests said order to remain in effect pending further Order of Court or agreement of the parties. WHEREFORE, Plaintiff respectfully requests this Honorable Court to continue the hearing previously scheduled to take place on March 21,2002 at 9:45 a.m. until late June or July of 2002. Respectfully submitted, ~~ ___ 3//;/flG/... Jeaml B. Costopoulos, Esquire 1400 N. Second Street Harrisburg, P A 17102 Phone: (717) 221-0900 Supreme Ct. ill No. 68735 ATTORNEY FOR PLAINTIFF , ;?'-,~"',I ,'~ "'1",. VICTOR CRUZ, Plaintiff : TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-0907 CIVIL MELINDA A. WHITZEL, Defendant : CIVIL ACTION - AT LAW : CUSTODY C.PR TIFTC A TF. OF SERVTC.P I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, first class mail, prepaid, and addressed as follows: Family Law Clinic The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, P A 17013-2899 BY: d- ____ , ---- Jeanne B. Costopoulos, Esquire 1400 N. Second Street Harrisburg, P A 171 02 (717) 221-0900 Supreme Ct. ill No. 68735 ATTORNEY FOR PLAINTIFF DATED: lfr!dt9 11_ -', - " "-"~ - '.' , ." .,~_ _ , ".<< ,_. _ N ~~ rJ'~ bY " ~ I ~ i~ ~ f , 0;:: -i.'- ~ ~- ~ g il ~ . I , " Ii- ~ [ I , ~ , '. VICTOR CRUZ, Plaintiff v. MELINDA A. WHlTZEL, Defendant PLAINTIFF'S PRE-BEARING MEMORANDUM AND NOW, the Plaintiff, Victor Cruz, by and through his attorney, Jeanne B. Costopoulos, Esquire, submits the following Pre-Hearing Memorandum pursuant to the Court's Order dated November 14,2001: L PLAINTIFF'S POsmON ON CUSTODY: Plaintiff has exercised unsupervised visits with his daughter for almost one year. He has established a relationship and bond with his daughter and believes overnight weekend visits should be the next step. Plaintiff believes the only reason his daughter would not want to spend overnights with him is because she knows her mother, Defendant, does not approve. n. PLAINTIFF'S WITNESSES: Plaintiff anticipates the following witnesses to testifY at the March 21, 2002 hearing: 1. Missy Myers - girlfriend of Plaintiff - will testifY as to Plaintiff's relationship with his daughter and other children as well as observations of his daughter during visits. 2. Deb Myers - mother of Missy Myers - will testifY as to her observations of Plaintiff with children and with family members generally. 3. Kathy Cruz and Maria Cruz- sisters of Plaintiff - will testifY as to Plaintiff's relationship with each of his children and background information regarding Plaintiff. "~._, . ,. 5lll!l!li~I8IlIiiiH l'~'~~~;'Il'JI'~~~~,~:iI\lO;b':0e,'c'"';''"'''';'',,<J,J''-'f,i!!c.''',''''::"",~~-i,jgjju.- , mill "I ~"_~_)'""'r' '. "" ~~"""""''' " ,_,~_,,~ . ~i1II , ','-\.') ~,"', ~", tit: t'1 '~"'U~i~,,"""M"" " tj g: \"3 \:,'\ "\:'\~ I"":' .\,\\ I' ""\:.\"'; >r,~';...J ',J---:,V' r-.\, n'd',i"';L..J ;C_' ,,\\ 1.\."-,,11-\ VUIV'..... \"\('" \I i,'\''i," ?tJ'\~C'\\"'" ' ,;,L,_ " ~ !1Ii~'t"~=~.= ..... .' " '. 4. Janice and Victor Lopez - parents of Plaintiff - will testifY as to Plaintiff's relationship with each of his children and background information regarding Plaintiff. 5. Lisa Cruz - Plaintiff's ex-wife and mother of his daughter Megan, will testifY as to Plaintiff's parenting abilities and relationship with other children. 6. Karen Scmalz - friend of Plaintiff - will testifY as to Plaintiff's relationship with children and family. BY: Respectfully submitted, ~ Jeanne B. Costopoulos, Esquire 1400 N. Second Street Harrisburg, P A 17l 02 Phone: (717) 221-0900 Supreme Ct. ID No. 68735 ATTORNEY FOR PLAINTIFF DATED:~J :i,.-,mn~_,,1 ' ~ ~-!"?~" 1.1, , , , """ '.. , , VICTOR CRUZ, Plaintiff : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 01-9073 CIVIL TERM MELINDA A. WHITZEL, Defendant : CIVIL ACTION - LAW : CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certifY that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Georgina A. Howells Family Law Clinic The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013-2899 BY: ~ -- Jeanne B. Costopoulos, Esquire COSTOPOULOS & WELCH 1400 N. Second Street Harrisburg, P A 17102 Phone: (717) 221-0900 Supreme Ct. ID No. 68735 ATTORNEY FOR PLAINTIFF DATED: '?((j(O~ ':,"" " '. e,. . .". ~I~ ~. , VICTOR CRUZ, Plaintiff : IN TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN CUSTODY MELINDA A. WIllTZEL, Defendant : NO. 01-907 CIVIL TERM CONSENT AND APPROVAL FOR APPEARANCE UNDER Pa.B.A.R. 322 I hereby consent to the appearance of Bryon R. Kaster, a Certified Legal Intern under the supervision of an attorney, in the Custody Hearing before the Honorable Judge Hess at 9:30 a.ill. on Wednesday, July 3, 2002. Date: 13)!XJ- '--1~/~O-U~ M linda A. Rodriguez As the supervising attorney for Bryon R. Kaster, certified under Pa,BA.R. 322, I approve of his appearance on behalf of the above-named client in the above-named proceeding. Date 7~ }- D2 W:f:./i:; Robert E. Rains Faculty Supervisor FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 :~;~-.-. ,.- t'-y4'_"_,.,~",.._ _ ,_,,",>,,,_ ,To ,- - '.-, _ __,~_'n ",' _':'_I"!(;I',_,,~,,: -,< ,.. " .~- I~'_,",,-" '.1 - - ,.'--. . -.'." , ,,", - ,,' .."". ,"'.'1 _, - -~ '- ^' -,--' 1. VICTOR CRUZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CNIL ACTION - LAW : IN CUSTODY MELINDA A RODRIGUEZ (FORMERLY WHlTZEL), Defendant : NO. 01-907 CIVIL TERM ORDER OF COURT AND NOW, this 3,d day of July, 2002 the within custody agreement is approved and entered as an Order of Court. BY THE COURT: A , C(Jfl/~riJ"c)or CrlA"".{;: plf~ -ko""~ Costopou\<n.J::.sb R.J>tr~ E.., Re-o ~ Es~ ':h,,-,-__. "'~'-"'-'T""'-"-~--''''-_~'h- -"",_,>'J"-;",_~',cl~I",,,__,';_-"_';;-____;" -"""__71,,'_ _-.,.~r_m~,,'lv. .., ,.___,._. ,~ "_ ~" ~"... _ '_' , - ,- ~ VICTOR CRUZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CNIL ACTION - LAW : IN CUSTODY MELINDA A. RODRIGUEZ (formerly Whitzel), Defendant : NO. 01-907 CNIL TERM CUSTODY AGREEMENT AND ORDER OF COURT THIS AGREEMENT, made this 3rd day of July, 2002, between Plaintiff, Victor Cruz (hereinafter "Father"), and Defendant, Melinda A. Rodriguez (formerly Whitzel) (hereinafter "Mother"), concerns the custody and visitation of Tiffany M. Whitzel (hereinafter "the child"), born January 18, 1992. This Agreement modifies the Custody Order entered on June 21",2001. Mother and Father are the biological parents of the child and desire to enter into an agreement as to the custody of the child. Mother and Father agree as follows: 1. Mother and Father shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child, and Father shall have partial physical custody of the child, as set forth in this Agreement and Order. 3. Father shall have custody of the child on alternating weekends commencmg Saturday at 10:00 a.ill. and extending until Sunday at 6:00 p,m. 4. During the summer months, Father shall have one (1) week of uninterrupted physical custody of the child, beginning Saturday July 20, 2002 at 10: 00 a.m. and extending until July 27, 2002 at 6:00 p.m. Beginning during the summer months of 2003, Father's week of summer vacation shall be agreed upon by the parties and shall include a scheduled weekend under the existing schedule. In the event that Father desires to take a week on which his weekend is not scheduled, then the existing alternating custody schedule shall be modified between the parties as necessary. Father shall advise Mother by May of each year as to when he intends to exercise the week of sununer vacation, !'~::', """,.~-, I' - 0 -"~?"~, ,~. 'Y_"""''''''::''''".',~:C '__ "I"{O_." ,_"_,1'~__"f"~,--_I"'I"'fI'_:']~' \-_, , ~~ _~, >,"_" ~"':_'_" _1"__ -' '1-' ~;'C ' ''''."_o~ "., -. '1' ',-.,., _,~ - ,,,,,,- _ _' ,~-", "" ,.....''_ ";< 5. The holiday schedule shall be handled as follows: a. Christmas Dav: Father shall always have custody of the child from 2:00 p.rn. on Christmas Day until 2:00 p.rn. on December 26, This provision shall supersede any other provision of this Order. b. Easter Sundav: Father shall always have custody of the child on Easter Day at 2:00 p.rn. and extending until the day after Easter at 2: 00 p.m. This provision shall supersede any other provision of this Order. c, Thanksciving: Father shall always have custody of the child on Thanksgiving Day at 2:00 p.rn. and extending until the day after Thanksgiving until 2:00 p,rn. This provision shall supersede any other provision of this Order. d. Mother's Dav: Mother shall always have custody of the child on Mother's Day, This provision shall supersede any other provision of this Order. e. Father's Day: Father shall have custody of the child on Father's Day at 2:00 p.m. and extending until the day after Father's Day at 2:00 p.rn. This provision shall supersede any other provision of this Order. f Child's Birthdav (January 18): Whichever parent is not otherwise scheduled to exercise custody of the child on her birthday (January 18) in any given year, shall nevertheless have partial custody of her for two (2) hours that day. g, Mother and Father shall share all other holidays, as the parties agree, h, If Father's period of holiday custody falls on a school day, Father shall take the child to school at the regularly scheduled time or retum the child to Mother as applicable. 6, Transportation with respect to exchanges of custody shall be the responsibility of the party receiving the child, unless otherwise agreed upon by the parties. 7, The parties may modify this Order by mutual consent. In the absence of mutual consent, the terms of this Order control. lil,',,,,-~-:-, ,. - ,0, I '- -:'~-^;- ,-<f,~,-_."",,'~~-,''''''-_"C7''''''<;''''''''<;.}''~''> - r~I'--~-,-~-,- '" ~--_. . ,- -1-' ,., "., ,,~ '" -.-~ ,.< - ~ 8. No party to this Agreement and Order will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party or which may hamper the free and natural development of the child's love and respect for the other party. 9. The party with custody of the children shall keep the other party informed as to the phone number and address where the children can be reached. 10, The non-custodial party shall have liberal phone contact with the child. 11, The parties intend to be bound by the terms of this Agreement and intend that this Agreement be entered as an Order of the Court, ~:t&~ a.QttL~l~ M indaA. Rodriguez (fo er Itzel), Defendant /)/p,h/ ~' Victor Cruz, ntlff W-e~ Thomas M. Place Robert E. Rains Lucy Johnston-Walsh Supervising Attomeys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 t~~(~ Jeanfie B, Costopoulos, Esquire Attorney for Plaintiff 1400 North Second Street Harrisburg, PA 17102 (717) 221-0900 ,':"~",,,,H''':'''''''-'''\,,, .,,,,,.-,,:~O',,.."';",_~,,, .,' ,"_"'_"I1'?;I'_-.~"'" .... -re--,,,, ~_:.,. . _I ,- " -. - , ,,~ ". ~.,' ~ T-- ~"" ~ _, r.. ",' _ _'"';-i'" . f-'I I ,"..".r -"'-.Ir"\-.lOTlnY 8'2 ..1iY. - 3 f'J\ 9: b 2 C'U":i:,C"I/ '"," ('("" 'I,i"\-Y 1/'_"__' ,t-f".W _......."v ~ P8\11\SYLV/\~~~A ~ I I . . . 4~ VICTOR CRUZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-0907 CIVIL TERM CIVIL ACTION - LAW MELINDA A. RODRIGUEZ,: (WHITZEL) Defendant IN CUSTODY IN RE: AMENDMENT OF CAPTION ORDER OF COURT AND NOW, this 3rd day of July, 2002, the caption of this case is hereby amended to reflect the name of the defendant as Melinda A. Rodriguez. By the Court, ~<L. K7A. /74- Hess, J. Jeanne Costopoulos, Esquire For the Plaintiff Bryon R. Kaster, Certified Legal Intern Robert A. Rains, Faculty Supervisor For the Defendant :mae ~~ 7/ID/6~, .".8..1'. ~~c" ,~ ' _, 'I' " ,,_,___. ,_~ _ _, ~_"= "_"" - '~ ~ ~,~,"'" . " m<'~"" 1/i~1ll~;ii'm~~~~il:ll'm\llti@"'jIIC.ii>",1,,",,-"""""'.'tl,",","I"-N,;,\';h~~!-'Drr~-"-... <, '"'~" "~' ~, _ 'M,".=~ O,~ _'_'~"" ^' "r~_ ,~~,= r_,,'.,,~.^~.. 1""-- _0,,_,.. , --- :wKI:'j'ill~liItli,lIIlItJlI;l!_ or 'I'!!:':: " ;-':-),-" Q~~ 1i'1 0..",.. . !O i !' I , ii" I' I. ''-'':'''.i~, ':'~/~,:iY J:..V It): ~) i~ j-Ill l.. '..... Ii ^I "l\":':"~ , "f ~:j'\11V \,;\,.I r~~,,;~.< .-,'~" : -l I PE.NNSYt.:.h\h!i~~\ .. ,. ~ ,~ ~ ! i I I I I ~ ~ ,~., "