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Home My WebLink About07-5161 JEANNI~ B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff RICARDO FIGUEROA, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. d ~ - J`~!(e ~ fir,( ~Gv~- HANH-THAO NGUYEN, :CIVIL ACTION - AT LAW Defendant :CUSTODY COMPLAINT IN CUSTODY AND NOW, comes Plaintiff, Ricardo Figueroa, by and through his attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Custody: 1. Plaintiff, Ricardo Figueroa, is an adult individual currently residing at 500 Geneva Drive, Apt. C-5, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant, Hanh-Thao Nguyen, is an adult individual currently residing at 1001 Nanroc Drive, #12, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. There is one dependent child from the relationship of the parties, namely Ricardo Jose Figueroa, hereinafter referred to as the child. 4. The parties have never been married to each other. The child was born out of wedlock. 5. The parties have been sharing custody between their residences since they separated in October of 2006. 6. 7. Since birth, to the best of Plaintiff's recollection, the child has resided with the following persons at the following addresses: Name Plaintiff Plaintiff's brother (Luis) Plaintiff Plaintiff Defendant Plaintiff Defendant Plaintiff Defendant Plaintiff s pazents Plaintiff s brother Address Dates 500 Geneva Dr., Apt C-5 October 2006 Mechanicsburg, PA 17055 to present* 1001 Nanroc Dr., #12 October 2006 Mechanicsburg, PA 17055 to present* 1001 Nanroc Dr., # 12 Mazch 2005 to Mechanicsburg, PA 17055 October 2006 Brambles Apri12004 to Mechanicsburg, PA 17055 Mazch 2005 709 Cumberland Pointe Birth to Mechanicsburg, PA 17055 Apri12004 *Since the parties' separation in approximately October of 2006, the parties have been sharing custody of the child substantially as follows: Plaintiff has the child from Friday after work (azound 3:30 p.m.) until Sunday azound 9:30 p.m. Defendant has the child from Sunday at 9:30 p.m. until Tuesday at 10:00 a.m. when she drops the child off at Plaintiff's aunt's house. The child is at Plaintiff's aunt's house Tuesday through Friday from 10:00 a.m. unti13:30 p.m. Plaintiff has the child Tuesday through Friday from 3:30 p.m. until 11:00 p.m. Defendant has the child Tuesday through Thursday from 11:00 p.m. until 10:00 a.m. the following morning. Plaintiff is the natural father of the child and he currently resides at 500 Geneva Drive, Apt. C-5, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 8. Defendant is the natural mother of the child and she currently resides at 1001 Nanroc Drive, #12, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2 9. The relationship of Plaintiff to the child is that of natural father. Plaintiff currently resides with the following people: Luis Figueroa (Plaintiff's brother) and the subject child. 10. The relationship of Defendant to the child is that of natural mother. Defendant currently resides with the following people: the subject child. 11. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfaze of the child will be served by granting Plaintiff primary physical and shazed legal custody of his son. 15. Each pazent whose pazental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, Ricazdo Figueroa, respectfully requests this Honorable Court to grant him primary physical and shazed legal custody of his son. 3 Respectfully Submitted: By: ANNA B. COSTOPOULOS, ESQUI Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Date: Z ~ VERIFICATION I, Ricazdo Figueroa, hereby verify and state that the facts set forth in the foregoing document aze true and correct to the best of my information, knowledge and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: Ricardo Figueroa C") ra t= ~ CJ ~ ~:' ~t -.~ ~ - c 3 r~7 ` ~ ~.r; :: 'G ,', N ~j -~~ rTa ...lJ~l v ~ ~", -~ ~~- ti~ ~ p ~( ~ ~ \ ~~1 ~] ~ A S V RICARDO FIGUEROA PLAINTIFF V. HANH-THAO NGUYEN DEFENDANT AND NOW, Thursday, Septen it is hereby directed that parties and their rest at 39 West Main Street, Mechanicsbury for aPre-Hearing Custody Conference. At s~ if this cannot be accomplished, to define and order. All children age five or older may also provide grounds for entry of a temporary or 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 07-5161 CIVIL ACTION LAW IN CUSTODY ~, ORDER OF COURT -er 06, 2007 ,upon consideration of the attached Complaint, active counsel appear before Dawn S. Sunday, Esq. ,the conciliator, PA 17055 on Thursday, October 04, 2007 at 9:00 AM ;h conference, an effort will be made to resolve the issues in dispute; or arrow the issues to be heard by the court, and to enter into a temporary be present at the conference. Failure to appear at the conference may ;rmanent order. The court hereby directs the partie~ to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders ~o the conciliator 48 hours prior to scheduled hearing. FO I THE COURT, By:! Is/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas df Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For info ation about accessible facilities and reasonable accommodations available to disabled individuals having usiness before the court, please contact our office. All arrangements must be made at least 72 hours prior to y hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 1F YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHE E YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170]3 Telephone (717) 249-3166 ,~~,,,r.....-, ~~.~~.;~ ~Zl Ind 9- ~S tQDI R~li~i~ii~r-~ .:~~ ~ ~Nl ~0 234963 DICKIE, MCCAMEY & CHILCOTE, P.C. BY Francis E. Marshall, Jr., Esquire ATTORNEY FOR: HANH-THAO NGiJYEN, ATTORNEY I.D. N0.27594 DEFENDANT BY Bryon R. Kaster, Esquire ATTORNEY I.D. N0.91707 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) 717 731-4803 ax RICARDO FIGUEROA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLtVANIA v. NO. 07-516'1 HANH-THAO NGUYEN, Defendant ENTRY OF APPEARAN(~E I TO THE PROTHONOTARY: CIVIL ACTION -LAW Please enter the appearance of the undersigned as counsel for Defendant, Hanh-Thao Nguyen, in the above-captioned matter. Respectfully submitted, Date: October 9, 2007 DICHIE, MCCAMEY'~& CHILCOTE, P.C. By: E. Marsk~all, Jr., Esquire NEY LD. NO. 27594 By: ~~ ~:~~~~ Bryon R. Kaster'b Esquire ATTORNEY L15. NO. 91707 1200 Camp Hi11 Bypass, Suite 205 Camp Hill, PA '.17011-3700 (717) 731-4800 Attorneys for Deefendant 1 CERTIFICATE OF SERVICE AND NOW, October 9, 2007, I, Francis E. Marshall, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing ENTRY OF AIPPEARANCE upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Jeanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 Counsel for Plaintiff Q .~ ~ ~, €" C " . t"1 ,. '~ , C 7 -~ ~ ~l ~' ~~ ~~_ ~ ~~"} ~ - 1 i7 .l? 7 ' 0 " u~/ OCT 152007~P' RICARDO FIGUEROA Plaintiff vs. HANH-THAO NGUYEN Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5161 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /~'- day of Ott+ b~ 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Ricardo Figueroa, and the Mother, Hanh-Thao Nguyen, shall have shared legal custody of Ricardo Jose Figueroa, born February 5, 2003. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall share having physical custody of the Child in accordance with the following schedule: A. The parties shall alternate having custody of the Child on weekends from Friday after work through Monday morning, beginning with the Father having custody on Friday, October 12, 2007. During the weeks, the Father shall have custody of the Child when the Mother is at work and the Mother shall have custody during all times when she is not working. The Mother shall obtain custody of the Child at or before 10:00 p.m. on her workdays. The parties agree that the paternal aunt may continue to provide care for the Child when both parents are working and child care arrangements for the Child shall continue to be arranged by agreement between the parties on an ongoing basis. 'd~~~i~', ~~~~Pti ?~ /''~1~ 6'l ~fll ~ ~ 1 ~~~ ~QD~ ~"~1_~ ~:r-~1~1~ B. Beginning November 13, 2007, the Father shall have custody of the Child every week from Tuesday after work through Wednesday morning in addition to his other time periods. C. Beginning December 13, 2007, the Father shall have custody of the Child every week from Thursday after work through Friday morning in addition to his other custodial times. D. The Mother shall continue to have custody of the Child overnight on every Monday and Wednesday and at all times not otherwise specified for the Father in this Order. 3. The parties shall share having custody of the Child on holidays as follows: A. Christmas: In every year, the Father shall have custody of the Child on Christmas Eve from 9:00 a.m. until 8:00 p.m., and the Mother shall have custody from Christmas Eve at 8:00 p.m. through Christmas Day at 8:00 p.m. B. Thanks ig wing: In every year, the Father shall have custody of the Child on Thanksgiving Day from 9:00 a.m. unti15:00 p.m. and the Mother shall have custody from Thanksgiving Day at 5:00 p.m. through the following Friday morning. C. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each parent shall be entitled to have custody of the Child for vacation each year as arranged by agreement the parties. 5. The non-custodial parent shall be entitled to have telephone contact with the Child one (1) time each day. 6. At the end of his or her custodial periods, each parent shall return any clothes provided for the child by the other parent. 7. 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. 8. 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, cc: ~anne B. Costopoulos, Esquire -Counsel for Fath~ on R. Kaster, Esquire -Counsel for Mother J RICARDO FIGUEROA Plaintiff vs. HANH-THAO NGUYEN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5161 CIVIL ACTION LAW IN CUSTODY 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 Ricardo Jose Figueroa February 5, 2003 Mother/Father 2. A custody conciliation conference was held on October 11, 2007, with the following individuals in attendance: the Father, Ricardo Figueroa, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Hanh-Thao Nguyen, with her counsel, Bryon R. Kaster, Esquire. 3. The parties agreed to entry of an Order in the form as attached addressing the custodial arrangements for the Child. It should be noted that the parties also agreed to share the costs of the Child's daycare, whether provided by a relative or at a childcare facility, although this arrangement is not included in the Order. Date Dawn S. Sunday, Esquire Custody Conciliator