HomeMy WebLinkAbout07-2123Elizabeth A. Hoffman, Esquire
106 Walnut Street
Harrisburg, PA 17101
(717) 236-2956
RYAN A. LOPEZ, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-d-(Xa aad tcrti
ALICIA LOPEZ, ACTION IN CUSTODY
Defendant :
COMPLAINT IN CUSTODY
1. Plaintiff is Ryan A. Lopez ("Father"), an adult individual whose current
mailing address is 2 Fetrow Drive, Mechanicsburg (Cumberland County), Pennsylvania
17050.
2. Defendant is Alicia Lopez ("Mother"), an adult individual whose current
mailing address is 308 Tichy Drive, Mt. Holly Springs (Cumberland County),
Pennsylvania 17065.
3. Mother and Father are the natural parents of the following minor child:
Chloe Lee Lopez DOB 6/11/2003
4. The minor child has lived in the following locations with the following
persons since her birth:
Residence
308 Tichy Drive
Mt. Holly Springs, PA
Carlisle, PA
Persons in residence Dates
Mother, maternal grandparents 7/05 - present
Father and Mother
6/04 -7/05
Gardner, PA Father and Mother Birth - 6/04
5. There is no custody order in this case.
6. Father does not know of a person not a party to the proceedings
concerning the child who has custody of the child or who claims to have custody or
visitation rights to the child.
7. Father seeks primary custody of the minor child because, for the following
reasons, it is in her best interests and welfare:
(1) Until recently, Father and Mother have followed a schedule wherein
Father has custody of the child on alternating weekends from Friday to
Sunday evening and one overnight during the week. However, Mother has
lately threatened to withhold the visitations unless Father complies with her
unreasonable demands. Therefore, Father believes that Mother will not
continue to promote a relationship between him and the child whereas he
would ensure that the child has consistent visitation with Mother.
(2) Mother has stopped sending the child to day care but has not provided a
reason for doing so. Father believes that the child benefits from socializing
with other children her age.
(3) Mother's current unreasonable behavior is not in the child's best
interests.
WHEREFORE, it is respectfully requested that this Honorable Court enter an
order which grants Father primary physical custody and Mother partial custody, and
gives the parties shared legal custody.
Respectfully submitted,
Eliza th A. Hoffman, squire
Attorney for Plaintiff
106 Walnut Street
Harrisburg, PA 17101
(717) 236-2956
1 D #71000
VERIFICATION
I verify that the information provided in the attached document is true and correct
to the best of my knowledge, information, and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn
falsification to authorities.
Date: 3?15?07 I?L 1?1.
Rya . Lopez
CERTIFICATE OF SERVICE
I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of
the attached complaint will be sent by U.S. mail to the following person pursuant to the
procedures in the Cumberland County Prothonotary's Office:
Alicia Lopez
308 Tichy Drive
Mt. Holly Springs, PA 17065
Date:
4EIiz //? 07
Zath A. Hoffma Esquire
Attorney for Plaintiff
106 Walnut Street
Harrisburg, PA 17101
(717) 236-2956
1 D #71000
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RYAN A. LOPEZ IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ALICIA LOPEZ
DEFENDANT
07-2123 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, April 20, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 18, 2007 at 3:00 PM
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.
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/ John j Mangan, jr., Esg V
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
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
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RYAN A. LOPEZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-2123 CIVIL ACTION LAW
ALICIA LOPEZ, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW this S" day of 0 CA V(-, 2007, upon consideration of the attached
Custody Conciliation Report, it is Ordered and Directed as follows:
The Father, Ryan Lopez, and the Mother, Alicia Lopez, shall have shared legal custody of
Chloe Lopez, date of birth 6/11/03. The parties shall have an equal right to make all major
non-emergency decisions affecting the Child's general well-being including, but not limited to,
all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S.
§5309, each parent shall be entitled to all records and information pertaining to the child
including, but not limited to, medical, dental, religious or school records, the residence address
of the child and of the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies thereof, with
the other parent within such reasonable time as to make the records and information of
reasonable use to the other parent.
2. The Mother shall enjoy primary physical custody of Chloe Lopez, date of birth 6/11/03.
3. The Father shall have periods of partial physical custody with Chloe Lopez every Wednesday
from 5:45 pm until Thursday 8:00 am, and every other weekend from Friday 5:45 pm until
Sunday 6:00 pm and such other times as the parties may mutually agree. The exchange
location shall be at the Carlisle Early Education Center, however, when the Child is not in day
care, the exchange location shall be at the Boiling Springs Post Office.
4. Holidays: Major holidays with the Child shall be alternated between the parents as attached.
Father's custodial time with the Child shall begin July 4 h, 2007 with the holidays to be
alternated thereafter. It is understood that Mother always has Mother's Day and Father always
has Father's Day.
5. Each parent is entitled to at least one week of vacation when the Child is not in school for
summer. The parent desiring said vacation time is directed to furnish the other parent with a
least one week notice of the planned custodial time.
6. Telephone contact between the Child and the non-custodial parent shall be liberal as agreed
upon between the parties. It is directed that both parents shall communicate with one another
regarding the custody matter and to not involve the Child in said communications.
7. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties disparage the other
v
parent in the presence of the Child.
8. In the event of a medical emergency, the custodial party shall notify the other parties as soon
as practicable after the emergency is handled.
9. This Order is 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 shall control.
J.
Distribution:
,,,Xlizabeth Hoffman, Esquir
V8'amuel Andes, Esquire
,John J. Mangan, Esquire
S Z .V H,d I -1 "10 LGOZ
-]'A 2
HOLIDAYS AND TIlVli';S EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter Day From 6 pm the evening before the Mother Father
holiday to 6 pm the day of the
holiday
Memorial Day From 6 pm the evening before the Father Mother
holiday to 6 pm the day of the
holiday
Independence Day From 6 pm the evening before the Mother Father
holiday to6 m the day of the holiday
Labor Day From 6 pm the evening before the Father Mother
holiday to 6 pm the day of the
holiday
Thanksgiving 0 From 6 pm the evening before Mother Mother
Half Thanksgiving Day to 3 pm on
Thanks ivin Da
Thanksgiving 2" From 3 pm on Thanksgiving Day to Mother Father
half 6 m the day after Thanksgiving Da
Christmas 1 S Half From noon on 12/24 to noon on Father Father
12/25
Christmas 2° Half From noon on 12/25 to noon on Mother Mother
12/26
Mother's Day From 6 pm the evening before the Mother Mother
holiday to 6 pm the day of the
holiday
Father's Day From 6 pm the evening before the Father Father
holiday to 6 pm the day of the
holiday
RYAN A. LOPEZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-2123 CIVIL ACTION LAW
ALICIA LOPEZ, IN CUSTODY
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL, PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Chloe L. Lopez 6/11/03 Mother
2. A Conciliation Conference was held with regard to this matter on 6/18/07
with the following individuals in attendance:
The Father, Ryan Lopez, with his counsel, Elizabeth Hoffinan, Esquire
The Mother, Alicia Lopez, with her counsel, Samuel Andes, Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
(Z? -
Date Jo J. angan, Esqu'
Custody Conciliator
Elizabeth A. Hoffman, Esquire
106 Walnut Street
Harrisburg, PA 17101
(717) 236-2956
RYAN A. LOPEZ, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 07-2123- CIVIL ACTION
ALICIA LOPEZ, ACTION IN CUSTODY
Defendant
PETITION FOR MODIFICATION OF CUSTODY ORDER
Plaintiff/Petitioner is Ryan A. Lopez ("Father"), an adult individual whose
current mailing address is 2 Fetrow Drive, Mechanicsburg (Cumberland County),
Pennsylvania 17050.
2. Defendant/Respondent is Alicia Lopez ("Mother"), an adult individual
whose current mailing address is 308 Tichy Drive, Mt. Holly Springs (Cumberland
County), Pennsylvania 17065.
3. Mother and Father are the natural parents of the following minor child:
Chloe Lee Lopez DOB 6/11/2003
4. On October 1, 2007, a custody order was entered by this Honorable Court
which granted primary physical custody to Mother and partial physical custody to
Father. (Order attached).
5. Father does not know of a person not a party to the proceedings
concerning the child who has custody of the child or who claims to have custody or
visitation rights to the child.
6. Father seeks a modification of the current order wherein he shall receive
primary physical custody for the following reasons:
(1) Mother has not been providing a stable home for the minor child.
(2) Several weeks ago Mother did not show up to pick up the minor child
and did not call to say where she was for almost a full day.
(3) Recently, Father and Mother had agreed that the minor child would be
better off going to school in the district where Father resides, and now
Mother has changed her mind.
(4) Mother's current unreasonable behavior is not in the child's best
interests.
WHEREFORE, it is respectfully requested that this Honorable Court enter an
order which modifies the current order by granting Father primary physical custody and
Mother partial custody of the minor child.
Respectfully submitted,
4. 44,?
Eliza th A. Hoffman Jltsqu
Attorney for Plaintiff/Petitioner
106 Walnut Street
Harrisburg, PA 17101
(717) 236-2956
1 D #71000
RYAN A. LOPEZ,
Plaintiff
V.
ALICIA LOPEZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-2123 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW this 1 S" day of Cdr , 2007, upon consideration of the attached
Custody Conciliation Report, it is Ordered and Directed as follows:
1. The Father, Ryan Lopez, and the Mother, Alicia Lopez, shall have shared legal custody of
Chloe Lopez, date of birth 6/11/03. The parties shall have an equal right to make all major
non-emergency decisions affecting the Child's general well-being including, but not limited to,
all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S.
§5309, each parent shall be entitled to all records and information pertaining to the child
including, but not limited to, medical, dental, religious or school records, the residence address
of the child and of the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies thereof, with
the other parent within such reasonable time as to make the records and information of
reasonable use to the other parent.
2. The Mother shall enjoy primary physical custody of Chloe Lopez, date of birth 6/11/03.
3. The Father shall have periods of partial physical custody with Chloe Lopez every Wednesday
from 5:45 pm until Thursday 8:00 am, and every other weekend from Friday 5:45 pm until
Sunday 6:00 pm and such other times as the parties may mutually agree. The exchange
location shall be at the Carlisle Early Education Center, however, when the Child is not in day
care, the exchange location shall be at the Boiling Springs Post Office.
4. Holidays: Major holidays with the Child shall_ be alternated between the parents as attached.
Father's custodial time with the Child shall begin July 4th, 2007 with the holidays to be
alternated thereafter. It is understood that Mother always has Mother's Day and Father always
has Father's Day.
5. Each parent is entitled to at least one week of vacation when the Child is not in school for
summer. The parent desiring said vacation time is directed to furnish the other parent with a
least one week notice of the planned custodial time.
6. Telephone contact between the Child and the non-custodial parent shall be liberal as agreed
upon between the parties. It is directed that both parents shall communicate with one another
regarding the custody matter and to not involve the Child in said communications.
7. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other parry, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties disparage the other
0
parent in the presence of the Child.
8. In the event of a medical emergency, the custodial party shall notify the other parties as soon
as practicable after the emergency is handled.
9. This Order is 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 shall control.
J.
Distribution:
Elizabeth Hoffman, Esquire
Samuel Andes, Esquire
John J. Mangan, Esquire ,T j vuf
?d a seal of a3•d
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and
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HOLIDAYS AND TIMES EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter Day From 6 pm the evening before the Mother Father
holiday to 6 pm the day of the
holiday
Memorial Day From 6 pm the evening before the Father Mother
holiday to 6 pm the day of the
holiday
Independence Day From 6 pm the evening before the Mother Father
holiday to6 pm the day of the holiday
Labor Day From 6 pm the evening before the Father Mother
holiday to 6 pm the day of the
holiday
Thanksgiving 1St From 6 pm the evening before Mother Mother
Half Thanksgiving Day to 3 pm on
Thanksgiving Day
Thanksgiving 2n From 3 pm on Thanksgiving Day to Mother Father
half 6 m the day after Thanksgiving Day
Christmas 1St Half From noon on 12/24 to noon on Father Father
12/25
Christmas 2n Half From noon on 12/25 to noon on Mother Mother
12/26
Mother's Day From 6 pm the evening before the Mother Mother
holiday to 6 pm the day of the
holiday
Father's Day From 6 pm the evening before the Father Father
holiday to 6 pm the day of the
holiday
RYAN A. LOPEZ, :
Plaintiff
V. ;
ALICIA LOPEZ, :
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-2123 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Chloe L. Lopez 6/11/03 Mother
2. A Conciliation Conference was held with regard to this matter on 6/18/07
with the following individuals in attendance:
The Father, Ryan Lopez, with his counsel, Elizabeth Hoffman, Esquire
The Mother, Alicia Lopez, with her counsel, Samuel Andes, Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
Date Jo 61?41a&ngan,?Esqu'
Custody Conciliator
VERIFICATION
I verify that the information provided in the attached document is true and correct
to the best of my knowledge, information, and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn
falsification to authorities.
Date: vs-
Ryan Lo
CERTIFICATE OF SERVICE
I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of
the attached Petition will be sent by U.S. mail to the following person pursuant to the
procedures in the Cumberland County Prothonotary's Office:
Samuel Andes, Esquire
525 N. 12th Street
P.O. Box 168
Lemoyne, PA 17043
Alicia Lopez
308 Tichy Drive
Mt. Holly Springs, PA 17065
Date: ?3 Q
?v d.
Eliz ?th A. Hoffmajis qu ire
JAttorney for Plaintiff
106 Walnut Street
Harrisburg, PA 17101
(717) 236-2956
1 D #71000
RYAN A. LOPEZ IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ALICIA LOPEZ
DEFENDANT
2007-2123 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, May 22, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, June 25, 2008 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 define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ ohn .Man an r. Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
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
to
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RYAN A. LOPEZ,
Plaintiff
V.
ALICIA LOPEZ,
Defendant
Prior Judge: Edward E. Guido, J.
UN ao2oo?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-2123 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW this34y of July 2008, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
v
This Order is entered pursuant to a Custody Conciliation Conference. ustody Hearing is
hereby scheduled on the /31 day of/2008 at/0 ?.3 ivfpw in Courtroom
number .14A_ in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which
time testimony will be taken. For purposes of this hearing, the Father shall be deemed to be the
moving party and shall proceed initially with testimony. Counsel for each party shall file with
the Court and opposing counsel a Memorandum setting forth each party's position on custody,
a list of witnesses who will be expected to testify at the hearing and a summary of the
anticipated testimony of each witness. These Memoranda shall be filed at least five days prior
to the hearing date.
2. The Order of Court dated October 1, 2007 shall remain in full force and effect absent mutual
agreement or further Order of Court.
3. This Order is 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 shall control. The parties may mutually cancel the scheduled court hearing and
request this matter to be rescheduled before the assigned conciliator if the circumstances deem
an update conciliation necessary or proper.
Distribution:
60 Aizabeth Hoffinan, Esquire
uel Andes, Esquire
J. Mangan, Esquire
J
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RYAN A. LOPEZ,
Plaintiff
V.
ALICIA LOPEZ,
Defendant
Prior Judge: Edward E. Guido, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-2123 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Chloe L. Lopez 6/11/03 Primary Mother
2. A prior Order of Court was issued October 1, 2007 and a Conciliation Conference was
held with regard to this matter on 6/25/08 with the following individuals in attendance:
The Father, Ryan Lopez, with his counsel, Elizabeth Hoffman, Esquire
The Mother, Alicia Lopez, with her counsel, Samuel Andes, Esquire.
3. Mother's position is that she requests that the status quo remain in place with Mother
having primary custody. Mother currently lives in Mount Holly Springs and is in the
Carlisle School District. There is a possibility that Mother may be moving into another
school district. Mother alleges that Chloe is doing very well now. Mother is employed
and mainly works nights. Mother resides with her parents Mother cares for Chloe
during the day. Mother acknowledges that she has had some anxiety issues that
necessitated medical attention. Mother acknowledges that she has discussed the
possibility of Chloe going into Father's school district but currently feels that Chloe
should primarily live with her and that Mother is able to provide a stable environment.
4. Father's position is that he desires primary custody of Chloe and wants her to attend
school in the Cumberland Valley School District. Father alleges that Mother is not
stable in her residence and takes Chloe overnight without informing him of Chloe's
whereabouts. Father requests that Chloe reside with him Monday through Friday and
Mother would have every weekend. Father resides with the Child's grandfather in
Mechanicsburg and that the Child's aunt lives next door with her children
approximately the same age as Chloe. Father alleges that he is in a better position to
offer Chloe a stable environment.
0
5. The Conciliator recommends an Order in the form as attached scheduling a Hearing
before the Court. It is the Conciliator's belief that this would be in the Child's best
interest. It is expected that the Hearing will require half a day.
6. The proposed recommended Order may contain a requirement that the parties file a pre-
trial memorandum with the Judge to whom the matter has been assigned.
?2, s<6?-16
Date
John J. an, Esquire
Custo C ciliator
RYAN A. LOPEZ,
VS.
ALICIA LOPEZ,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-2123 CIVIL TERM
CIVIL ACTION - LAW
MOTION FOR CONTINUANCE
AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the
court to continue and reschedule the hearing now set for 13 August 2008, based upon the following:
1. This action was the subject of a conciliation conference on 28 June 2008 on the Plaintiff s
petition to modify the custody order entered in 2007.
2. The parties were not able to resolve the matter at the conciliation conference and so the matter
was forwarded to the chambers of the Honorable Edward E. Guido, to schedule a hearing.
3. Judge Guido's chambers contacted counsel for Defendant to obtain a date clear on his
calendar when the hearing could be held. During the conversations regarding scheduling, Defendant's
counsel mistakenly advised Judge Guido's secretary that his schedule was clear after 10 a.m. on
Wednesday, 13 August 2008.
4. As it turns out, Defendant's counsel is scheduled to appear in another custody action, before
the Honorable Skip Ebert, at 9:30 a.m. on Wednesday, 13 August 2008. That matter, which Judge Ebert
has scheduled for a full day, has been scheduled for several months.
5. As a result of the mistake of Defendant's counsel, he is not available for a hearing in this
matter on 13 August 2008 and respectfully requests that the matter be continued and scheduled for another
time.
6. Defendant's counsel has provided Plaintiff's counsel with a copy of this motion and has
requested that she express her concurrence or opposition to this request but, as of this time, has not heard
from Plaintiff's counsel in response.
WHEREFORE, Defendant moves this Court to reschedule the hearing now set for 13 August
2008.
Samuel L. Andes
Attorney for Defendant
Supreme Court ID 17225
P.O. Box 168
Lemoyne, PA 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I understand that any false
statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to
authorities).
t
DATE: t
Samue L. Andes
CERTIFICATE OF SERVICE
I hereby certify that on l U cJ? 2008, I served a copy of the foregoing document
upon counsel for Plaintiff by U.S. Mail, pos ge prepaid, addressed as follows:
Elizabeth A. Hoffinan, Esquire
106 Walnut Street
Harrisburg, PA 17101
Samuel L. Andes
Attorney for Defendant
Supreme Court ID 17225
P.O. Box 168
Lemoyne, PA 17043
(717) 761-5361
rv jrn
JUL 10 2008
RYAN A. LOPEZ, )
Plaintiff )
VS. )
ALICIA LOPEZ, )
Defendant )
ORDER
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-2123 CIVIL TERM
CIVIL ACTION - LAW
AND NOW this /Y -64 day of d a /! 2008, upon consideration of the
attached motion, the hearing previously scheduled for August 13, 2008 is hereby continued. It will now
be held, before the undersigned, on the //?( day of , 2008, commencing at
.o'clock / Om., in Court Room No. 3 of the Cumberland County Court House. The other provisions
of our order of July 3, 2008, shall remain in full force and effect.
' DIY THE CO T,
DISTRIBUTION:
lizabeth A. Hoffman, Attorney for Plaintiff, 106 Walnut Street, Harrisburg, PA 17101
Samuel L. Andes, Attorney for Defendant, P.O. Box 168, Lemoyne, PA 17043
C?
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KN-l,c.-C.ITY
RYAN A. LOPEZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-2123 CIVIL TERM
ALICIA LOPEZ,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 11th day of August, 2008, after
hearing, the petition to modify our prior order is DENIED. Our
Order of October 1, 2007, shall remain in full force and effect.
Edward E. Guido, J.
4.9flizabeth A. Hoffman, Esquire `
For the Plaintiff
?Samuel L. Andes, Esquire
For the Defendant V o
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Ryan A. Lopez
PlaintifF/Petitioner
V.
Alicia Lopez
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
Dauphin COUNTY, PENNSYLVANIA
NO. 07-2123 Civil Term o
c' 4
CIVIL ACTION - LAW ' a
IN CUSTODY
r-?C y
PETITION TO MODIFY CUSTODY
NOW COMES Petitioner, Ryan A. Lopez, and respectfully petitiojt yo r
Honorable Court for special relief and award Petitioner primary physical custody,
and for reasons therefore states:
1. Petitioner is Ryan A. Lopez (hereinafter "Father").
2. Respondent is Alicia Lopez (hereinafter "Mother").
3. The parties are the parents of the minor child, Chloe Lee Lopez,
DOB 6/11/2003.
4. On October 1, 2007, an Order of Court for Custody in the above
entitled action was entered (See attached Exhibit A - October 1, 2007, Order of
Court).
5. After numerous unexcused absences from school, Carlisle School
District filed for Truancy with the local District Justice. The mother did not attend
the first hearing without notification to the District Justice Office. The mother
showed up at the rescheduled hearing.
6. On or about January 15, 2010, Children and Youth Services made
an unscheduled visit to the Respondent's home. Petitioner was contacted by
Shilo Haggarty of Children and Youth Services for assistance because
Respondent was not answering the door. Ms. Haggary had visual and audible
confirmation"t?ta4t rhfrroi was inside the home but also would not answer the
i rno
door. 'g E?'?1 L ! 83.?QIOZ
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7. Children and Youth Services set up a safety plan for the
Respondent and minor child. The safety plan included 24 hour supervision by a
third party, originally to be the child's grandmother.
8. Respondent and her mother were unable to guarantee that
respondent would not be alone with the child without interfering with the current
living situation and grandmother's work schedule. Temporary custody for the
Petitioner was offered as an alternative.
9. On or about January 19, 2009, Shilo Haggarty contacted the
Petitioner and he was asked to assume temporary physical custody of the minor
child for a period of not less than 2 weeks, to be extended as needed, until the
respondent's situation could be re-evaluated.
10. The minor child has since been enrolled in Cumberland Valley
School District and has been attending school regularly while in the Petitioner's
care.
11. Your Honorable Court has the authority to grant the relief
requested herein.
WHEREFORE, pursuant to Pa. R.C.P. 1915.13, Father respectfully
requests your Honorable Court to:
1) Modify the court order to reflect a change in
weekend custodial periods.
Respectfully submitted,
Q. y:
yan 4 Lopez
VERIFICATION
I verify that the statements made in the attached Petition are true and
correct. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
DATE: g-Jol /I (
/ ?,, , a, 'e Z
Ryan 4?A
Lopez
Exl?,bk 1 S? 2007
go/
RYAN A. LOPEZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-2123 CIVIL ACTION LAW
ALICIA LOPEZ, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW this s" day of d C!(j , 2007, upon consideration of the attached
Custody Conciliation Report, it is Ordered and Directed as follows:
1. The Father, Ryan Lopez, and the Mother, Alicia Lopez, shall have shared legal custody of
Chloe Lopez, date,of birth 6/11/03. The parties shall have an equal right to make all major
non-emergency decisions affecting the Child's general well-being including, but not limited to,
all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S.
§5309, each parent shall be entitled to all records and information pertaining to the child
including, but not limited to, medical, dental, religious or school records, the residence address
of the child and of the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies thereof, with
the other parent within such reasonable time as to make the records and information of
reasonable use to the other parent.
2. The Mother shall enjoy primary physical custody of Chloe Lopez, date of birth 6/11/03.
3. The Father shall have periods of partial physical custody with Chloe Lopez every Wednesday
from 5:45 pm until Thursday 8:00 am, and every other weekend from Friday 5:45 pm until
Sunday 6:00 pm and such other times as the parties may mutually agree. The exchange
location shall be at the Carlisle Early Education Center, however, when the Child is not in day
care, the exchange location shall be at the Boiling Springs Post Office.
4. Holidays: Major holidays with the Child shall be alternated between the parents as attached.
Father's custodial time with the Child shall begin July 0, 2007 with the holidays to be
alternated thereafter. It is understood that Mother always has Mother's Day and Father always
has Father's Day.
5. Each parent is entitled to at least one week of vacation when the Child is not in school for
summer. The parent desiring said vacation time is directed to finish the other parent with a
least one week notice of the planned custodial time.
6. Telephone contact between the Child and the non-custodial parent shall be liberal as agreed
upon between the parties. It is directed that both parents shall communicate with one another
regarding the custody matter and to not involve the Child in said communications.
7. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties disparage the other
parent in the presence of the Child.
In the event of a medical emergency, the custodial party shall notify the other parties as soon
as practicable after the emergency is handled.
9. This Order is 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 shall control.
J.
Distribution:
Elizabeth Hoffinan, Esquire
Samuel Andes, Esquire
John J. Mangan, Esquire
CORD
TRUE COPv FR ' set my and
imori;r ?v4?er?cf, ! tiere unto set my
in I 'st Ta• r
and a seal of said. C '?rt 4
HOLIDAYS AND TIlVIES EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter Day From 6 pm the evening before the Mother Father
holiday to 6 pm the day of the
holiday
Memorial Day From 6 pm the evening before the Father Mother
holiday to 6 pm the day of the
holiday
Independence Day From 6 pm the evening before the Mother Father
.holiday to6 m the day of the holiday
Labor Day From 6 pm the evening before the Father Mother
holiday to 6 pm the day of the
holiday
Thanksgiving 1 From 6 pm the evening before Mother Mother
Half Thanksgiving Day to 3 pm on
Thanksgiving Da
Thanksgiving 2n From 3 pm on Thanksgiving Day to Mother Father
half 6 m the day after Thanksgiving Da
Christmas 1 Half From noon on 12/24 to noon on Father Father
12/25
Christmas 2" Half From noon on 12/25 to noon on Mother Mother
12/26
Mother's Day From 6 pm the evening before the Mother Mother
holiday to 6 pm the day of the
holiday
Father's Day From 6 pm the evening before the Father Father
holiday to 6 pm the day of the
holiday
CERTIFICATE OF SERVICE
I, Ryan A. Lopez, do hereby certify that a true and correct copy of the attached
complaint will be sent by U.S. mail to the following person(s) pursuant to the
procedures in the Cumberland County Prothonotary's Office:
Samuel Andes, Esquire
525 N. 12th Street
P.O. Box 168
Lemoyne, PA 17043
Alicia Lopez
105 E. High Street
Carlisle, PA 17013
Date: 911 `7/10
yan A. Lopez
e
RYAN A. LOPEZ IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2007-2123 CIVIL ACTION LAW
ALICIA LOPEZ
IN CUSTODY
DI I:.NDANT
ORDER OF COURT
AND NOW, Friday, February 19, 2010 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland Coup Courthouse, Carlisle on Monday, March 29, 2010 at 10:30 AM
. ... .......... ..
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ ohn .Man an r. Es
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
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
(T TH7
2e10FES 26 r`'.'? i : 38
APR 2 0 Z??u
3 C2
RYAN A. LOPEZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-2123 CIVIL ACTION LAW
IN CUSTODY o'
ALICIA LOPEZ,
Defendant='
ter, ?_ .: -v
Prior Judge: Edward E. Guido, J.' N_
TEMPORARY ORDER OF COURT
AND NOW this ,17 day of April 2010, upon consideration of the attached Cindy Z
Conciliation Report, it is Ordered and Directed as follows:
All prior Orders of Court entered in this matter are hereby VACATED and replaced with the
instant Order.
2. This Order is entered pursuant o a Custody Conciliatiojl ,Conference. A Custody Hearing is
hereby scheduled on the aL day c*WOO at TA amAft in Courtroom number 3
in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time
testimony will be taken. For purposes of this hearing, the Father shall be deemed to be the
moving party and shall proceed initially with testimony. Counsel for each party shall file with
the Court and opposing counsel a Memorandum setting forth each party's position on custody,
a list of witnesses who will be expected to testify at the hearing and a summary of the
anticipated testimony of each witness. These Memoranda shall be filed at least five days prior
to the hearing date.
3. Legal Custodv: The Father, Ryan Lopez, and the Mother, Alicia Lopez, shall have shared legal
custody of Chloe Lopez, date of birth 6/11/03. The parties shall have an equal right to make
all major non-emergency decisions affecting the Child's general well-being including, but not
limited to, all decisions regarding her health, education and religion. Pursuant to the terms of
23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the
child including, but not limited to, medical, dental, religious or school records, the residence
address of the child and of the other parent. To the extent one parent has possession of any
such records or information, that parent shall be required to share the same, or copies thereof,
with the other parent within such reasonable time as to make the records and information of
reasonable use to the other parent.
4. Physical Custody: The parents shall share physical custody on a 2/2/3 schedule as follows: In
week one, Father shall have physical custody Monday and Tuesday overnight, Mother has
Wednesday and Thursday overnight and Father has Friday through Monday morning. In week
two, Mother shall have physical custody Monday and Tuesday overnight, Father has
Wednesday and Thursday overnight and Mother has Friday through Monday morning. Each
parent shall be responsible for transporting Chloe to school during their custodial periods. The
custodial arrangement pursuant to this paragraph shall not prejudice either parent if a custody
hearing is conducted.
5. Holidays: Major holidays with the Child shall be alternated between the parents as attached in
the absence of agreement otherwise.
6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable
basis.
7. Each parent shall have one week of vacation with the Child during her summer vacation. The
requesting parent shall give the other parent 30 days advance notice of the requested time and
this vacation week shall supersede the regular physical custody schedule. In the event the
parties schedule conflicting vacations, the party first providing written notice shall have the
choice of vacation. Prior to departure, the parties will provide each other with information
regarding the intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by mutual agreement.
8. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
9. In the event of a medical emergency, the custodial party shall notify the other pary as soon as
possible after the emergency is handled.
10. A status conference with the assigned conciliator is hereby scheduled for June 22, 2010 at
10.30 am at the Court of Common Pleas, Carlisle, PA.
11. This Order is 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 shall control.
B e Court,
J.
D' tribution:
an Lopez, 2 Fetrow Dr., Mechanicsburg, PA 17050
::?Ztacy Wolf, Esquire
,,4'ohn J. Mangan, Esquire
`mi'l,
HOLIDAYS AND TIMES EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter Day From 6 pm the evening before the Mother Father
holiday to 6 pm the day of the
holiday
Memorial Day From 6 pm the evening before the Father Mother
holiday to 6 pm the day of the
holiday
Independence Day From 6 pm the evening before the Mother Father
holiday to 6 pm the day of the
holiday
Labor Day From 6 pm the evening before the Father Mother
holiday to 6 pm the day of the
holiday
Thanksgiving 1" From 6 pm the evening before Mother Father
Half Thanksgiving Day to 3 pm on
Thanksgiving Da
Thanksgiving 2n From 3 pm on Thanksgiving Day to Father Mother
half 6 m the day after Thanksgiving Da
Christmas 1St Half From noon on 12/24 to noon on Father Father
12/25
Christmas 2° Half From noon on 12/25 to noon on Mother Mother
12/26
Mother's Day From 6 pm the evening before the Mother Mother
holiday to 6 pm the day of the
holiday
Father's Day From 6 pm the evening before the Father Father
holiday to 6 pm the day of the
holiday
RYAN A. LOPEZ,
Plaintiff
V.
ALICIA LOPEZ,
Defendant
Prior Judge: Edward E. Guido, J.
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Chloe L. Lopez 6/11/03 Primary Father
2. A prior Order of Court was issued October 1, 2007, a Conciliation Conference was held
with regard to'this matter on 6/25/08, an Order issued 07/03/08, a hearing was held
08/11/2008 and an Order issued denying Father's petition to modify and a conciliation
conference was held April 06, 2010 with the following individuals in attendance:
The Father, Ryan Lopez, appeared by himself
The Mother, Alicia Lopez, with her counsel, Stacy Wolf, Esquire.
3. Mother's position is that she requests that the previous Order of Court dated October
01, 2007 remain in place, whereby Mother has primary physical custody. Mother
currently resides in Carlisle by herself. Mother acknowledges that when she had
primary custody of Chloe, there had been school attendance issues. Mother further
acknowledges that Mother had some mental health issues and some problems with her
medication up until January 2010. Mother asserts that she had medication check ups
since January whereby her medication has been altered. As such, Mother indicates that
she is functioning much better now and desires expanded time with Chloe. Mother
indicates that her custodial periods with Chloe are now unsupervised as of the end of
March 2010. Mother notes that the Child attends River Rock Academy. When Mother
had primary custody, Carlisle School District was funding the Academy and a van/bus
would pick Chloe up from her residence. Now since Father has had primary physical
custody, Cumberland Valley is funding the Academy and a bus/van will not pick the
Child up from her residence. Mother indicates that Father lives in close proximity to
River Rock and it would be more convenient for Father to drop the Child off at school
when he has custody and to transfer the Child back into Carlisle School District so that
the van/bus would pick Chloe up from her residence.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-2123 CIVIL ACTION LAW
4. Father's position is that he desires continued primary custody of Chloe and wants her to
legally attend the Cumberland Valley School District. However, Father was willing to
discuss with Mother the possibility/logistics of transferring the Child back to Carlisle
School District. Father is not pleased that Chloe had significant attendance issues when
the Child was in Mother's primary care. Additionally, Father indicates that the Child
also had behavioral issues in and out of school when the Child was primarily with
Mother. Father indicates that the Mother still is not emotionally/mentally stable. Father
indicates that there was some Cumberland County Children and Youth involvement in
regard to Mother's care of Chloe at the end of January 2010. As part of an agreed upon
safety plan, Father gained primary custody of Chloe and Mother had periods of
supervised contact with the Child. Father indicates that since he has had primary
custody of Chloe, the Child has been attending school on a consistent basis and that
Chloe's behavior has overall improved. Father indicates that he had made arrangements
for the Child to engage in therapy through Beech Street Counseling, but that Chloe is
not currently in therapy. Father alleges that he is in a better position to offer Chloe a
stable environment. Father indicates that he desires a custody hearing before this
Honorable Court but that he would be willing to agree to a temporary Order until trial
whereby the parents will attempt to share physical custody on a 2/2/3 basis. Father
would like it noted that this agreed upon shared arrangement is not the status quo prior
to the conciliation conference and should not prejudice his custodial position if a
hearing is necessary. Both parties agreed to a status conference in June 2010 prior to
the scheduled hearing in order to ascertain whether the hearing is necessary.
5. The Conciliator recommends an Order in the form as attached scheduling a Hearing
before the Court. It is the Conciliator's belief that this would be in the Child's best
interest. It is expected that the Hearing will require half a day.
6. The proposed recommended Order may contain a requirement that the parties file a pre-
trial memorandum with the Judge to whom the matter has been assigned.
Date
John . M gan, Esquire
Cust y Conciliator
f 1i-'? J.?{?F -{VC
OF THE P, ,.) f-I-110TAPY
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
10 WEST HIGH STREET
CARLISLE PA 17013
2010 MAY 17 AM 10: 11
(717) 241 4436
ATTORNEY FOR DEFENDANT C fsj W.t? r `d 6"JUNTY
O A1hkO I i1AN0A
RYAN A. LOPEZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
ALICIA LOPEZ, : NO. 07-2123 CIVIL TERM
Defendant : IN CUSTODY
PETITION FOR LEAVE TO WITHDRAW AS COUNSEL
FOR DEFENDANT ALICIA LOPEZ
NOW COMES counsel of record for the defendant, Alicia Lopez, Stacy B. Wolf, Esquire,
and respectfully submits this Petition for Leave of Court to Withdraw as Counsel for the defendant,
Alicia Lopez, pursuant to Pa.R.C.P. 1012, and in support thereof, avers as follows:
1. Defendant, Alicia Lopez, is an adult individual who resides at 105 East High St., Carlisle,
Pennsylvania 17013.
2. The undersigned was retained by the defendant on or about March 31, 2010.
3. On April 6, 2010, the undersigned attended a custody conciliation conference with
Defendant.
4. A status conference is scheduled for June 22, 2010 at 10:30 a.m. as well as a hearing
before the Honorable Edward E. Guido on July 28, 2010 at 9:30 a.m.
5. On or about April 8, 2010 a check for representation at the April 6, 2010 conciliation
was returned from the defendant's bank for insufficient funds.
6. Petitioner has tried to contact Defendant numerous times by telephone and also by mail.
7. Defendant has not returned phone calls or responded to mail, has not appeared in
Petitioner's office and has not made good on the bad check or paid any additional fees
for representation in connection with the upcoming status conference or the custody
hearing.
8. Because Defendant has failed to compensate Petitioner for the bad check and the
associated bank fee, has failed to provide counsel with any compensation for the next
stage of representation, and has failed to communicate with counsel and provide
information necessary to carry out the representation of Defendant in this matter,
representation of Defendant would constitute an undue hardship on Petitioner.
9. Petitioner respectfully requests permission to withdraw as counsel for Defendant.
10. To Petitioner's knowledge, Plaintiff is not represented by counsel.
WHEREFORE, the petitioner, Stacy B. Wolf, Esquire, respectfully prays that this Court grant
leave for the undersigned to withdraw her representation of Defendant, Alicia Lopez, and to grant
any further relief that the Court deems appropriate.
Dated: May-17,2010
Respectfully submitted,
WOLF & WOLF, Attorneys at Law
By:
A.SStaB If, Esquire
10 West igh Street
Carlisle, PA 17013
Supreme Court I.D. No. 88732
(717) 241-4436
VERIFICATION
I verify that the statements made in the foregoing Petition of Plaintiff's Counsel for Leave to
Withdraw Appearance are true and correct to the best of my knowledge, information and belief. I
understand that false statements made herein may subject to me to the penalties of Pa.C.S. § 4904
relating to unsworn falsification to authorities.
7,
Dated: May -IT, 2010
Stacy B. Wo "Isquirre
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR DEFENDANT
RYAN A. LOPEZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
ALICIA LOPEZ,
CIVIL ACTION -LAW
Defendant
: NO. 07-2123 CIVIL TERM
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Stacy B. Wolf, Esquire, hereby certify that I mailed a true and correct copy of the foregoing
Petition for Leave to Withdraw as Counsel to the below-listed persons:
Alicia A. Lopez
105 East High St.
Carlisle, PA 17013
Dated: May 1-7, 2010
Ryan A. Lopez
2 Fetrow Drive
Mechanicsburg, PA 17050
-7 -&/JZ
Stacy B. off, Esquire(/
0
MAY i d 2010
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 2414436
ATTORNEY FOR DEFENDANT
rr-
Ct
RYAN A. LOPEZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
ALICIA LOPEZ, : NO. 07-2123 CIVIL TERM
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW this day of /A V , 2010, upon consideration of the
foregoing Petition for Leave to Withdraw as Counsel for Defendant, Alicia Lopez, the requested
relief therein his hereby GRANTED and counsel is hereby authorized to file a praecipe to withdraw
as counsel with the Prothonotary and to serve notice of this Order and such praecipe upon
Defendant, Alicia Lopez and Plaintiff, Ryan A. Lopez, who is not represented by counsel. This
Order shall in no way effect the scheduling of the status conference for June 22, 2010 at 10:30 a.m.
or the custody hearing scheduled for July 28, 2010 at 9:30 a.m. before the undersigned in Courtroom
3 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013.
B 4ECOUR
Edward E. Guido, J.
D' tribut'on:
Stacy B. Wolf, Esquire
./cyan A. Lopez, pro se
., ricia Lopez, pro se
Court Ad
iE& ministration
S'??,v? IU
RYAN A. LOPEZ, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
~• :CIVIL ACTION -LAW
ALICIA LOPEZ, : N0.07-2123 CIVIL TERM
Defendaat : IN CUSTODY
Praecine ~ _.._ ~,
To the Prothonotary: a
~:-' r
E;r~ {I (~? "L7 t"Y"T
- ;-_
Q
Kindly enter James A Miller, Esquire and the law firm of Miller Lipsitt LLC ~s`coun~l
for Plaintiff, Ryan A Lopez ~. - ~
~ (~- =:
tt
James A Mil ,Esquire
PA ID 6
~plar Church Road
Camp Hill, PA 17011
(717) 73 7-6400
I hereby certify that on Tuesday, July 20, 2010, I forwarded a copy of this Praecipe to
Defendant, Alicia Lopez, by United States First Class Mail to her last known address,
Alicia A. Lopez
105 East High St.
Carlisle, PA 17013
James filler, Esquire
PA I 1352
7 oplar Church Road
amp Hill, PA 17011
(717) 737-6400
RYAN A. LOPEZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 07-2123 CIVIL TERM
ALICIA LOPEZ,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 28th day of July, 2010, Paragraph 4
of our Order of June 23, 2010, is modified as follows:
Physical Custody: The Father shall have primary
physical custody of the Child subject to Mother's periods of
partial custody as the parties may agree. Mother's periods of
partial custody shall be supervised by her mother or some other
person agreed to by the parties or Cumberland County Children
and Youth Services. Said supervised visitation shall remain in
effect until such time as Children and Youth Services would
indicate otherwise or further Order of this Court. In the event
that Mother is not satisfied with this provision, she may
contact the assigned conciliator to schedule a conference.
In all other respects, our Order of June 23,
2010, shall remain in full force and effect.
B~
'James A. Miller, Esquire
For the Plaintiff
Alicia A. Lopez
105 East High Street
Carlisle, PA 17013 ~_
srs ~ ~'£,,~ t~~t
~ 2s~rv ~~
Edward E. Guido, J.
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