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HomeMy WebLinkAbout03-6638HUGO MUNOZ-BRETO, : Plaintiff : AMBER LEAHY, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. &&g.c, IN CUSTODY COMPLAINT IN CUSTODY AND NOW, this,~)0'{t4''' day of December, 2003, comes the Plaintiff, Hugo Munoz-Breto, by and through his attorney, Bruce J. Warshawsky, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and files the within Complaint of which the following is a statement: 1. The Plaintiff, Hugo Munoz-Breto, is an adult individual who resides at 73 Carousel Circle, Hershey, Dauphin County, Pennsylvania, 17033. 2. The Defendant, Amber Leahy, is an adult individual who resides at 860 Erford Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiffis the natural father and Defendant is the natural mother of the following minor child for which Plaintiff seeks shared legal custody and shared physical custody: Child's Name Present Address Date of Birth Joseph Anthony Leahy 860 Erford Rd. September 1 I, 2003 Camp Hill, PA 17011 Cumberland County The minor child is in the custody of Defendant at 860 Erford Road, Camp Hill, Cumberland County, Pem~sylvania, 17011. 294304-1 WHEREFORE, the Plaintiff, Hugo Munoz-Breto, requests the Court to grant him shared physical custody and shared legal custody of the minor child. Dated: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Hugo Munoz-Breto 294304-1 VERIFICATION I, Hugo Munoz-Breto, verify that the statements made in the foregoing Complaint for Custody are 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. §4904, relating to unswom falsification to authorities. Date: Hugo Munoz-Breto 289505-1 CERTIFICATE OF SERVICE I, Brace J. Warshawsky, Esquire, of the law fim~ ofMetzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Compla'mt with reference to the foregoing action by first class, certified mail, return receipt requested, prepaid, this,~)U day of December, 2003, on the following: Amber Leahy 860 Erford Road Camp Hill, PA 17011 289505-1 HUGO MUNOZ-BRETO PLAINTIFF V. AMBER LEAHY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6638 CIVIL AC'lION LAW IN CUSTODY ORDER OFCOURT AND NOW, Thursday, January 08, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, February 09, 2004 at 11:30 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. 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 conrt 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 hearinl~. FORTHECOURT, By: /s/ Melissa P. Greevy, Esq. 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 pr/or 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 ttAVE 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 HUGO MUNOZ-BRETO, Plaintiff V. AMBER LEAHY, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6638 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY Defendant : BAYLEY, J. --- ORDER OF COURT AND NOW, this , ¢~ day of~/~'- , 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. A hearin~is scheduled in Courtroom Number 2 of the Cumberland County Courthouse, on the 25 day of March, 2004 at 11:00 a.m., at which time testimony will be taken. For the purposes of the hearing, the Father, Hugo Munoz-Breto, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party 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 days prior to the hearing date. 2. Pending further Order of the Court or an agreement of the parties, Mother shall have temporary primary physical custody of the minor child, Joseph Anthony Leahy, born September 11, 2003, subject to Father's rights to visit the child at her home as follows: A. To commence February 28, 2004, each Saturday from 10:30 a.m. to 1:30 p.m. Dist: B. To commence February 29, 2004, each Sunday from 12:30 p.m. to 3:30 p.m. While it is contemplated that the maternal grandmother will be present in the home during these periods of visitation, this Order in no way implies that the maternal grandmother will be providing care for the child during that period of time that Father is present. Rather, it is intended that the Father will be the caregiver for the child during those times in order to assist with the development of the relationship between the infant and the Father. Edgar B. Bayley, J. ,,/~ruce J. Warshawsky, Esquire, PO Box 5300, Harrisburg, PA 17110-0300 ~/~amuel L. Andes, Esquire, PO Box 168, Lemoyne, PA 17043-0168 ,~' HUGO MUNOZ-BRETO, Plaintiff V, AMBER LEAHY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6638 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE '19'15.3-8, 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 Joseph Anthony Leahy DATE OF BIRTH CURRENTLY IN THE CUSTODY OF September 11,2003 Mother 2. Father filed a Custody Complaint on December 30, 2003. A Custody Conciliation Conference was held on February 23, 2004 with the following individuals in attendance: the Father, Hugo Munoz-Breto, and his counsel, Bruce J. Warshawsky, Esquire; the Mother, Amber Leahy, and her counsel, Samuel L. Andes, Esquire. 3. The parties were not able to reach an agreement. 4. Mother's position on custody: Mother resides with the child, her maternal aunt and niece in Camp Hill, Pennsylvania. She reports the parties never lived together during their approximately one (1) year long relationship. She claims that during the immediate postpartum period, Father had very little contact with the child and that when she made phone calls to him at work she was told not to do so. She attempted to contact him on a cell phone but reports that she could never get through. She called him at his residence and was told by his girlfriend not to call back. Additionally, the girlfriend allegedly called the police regarding her attempts to contact the baby's Father. Mother claims that Father has not contacted her to arrange to see the child since November 2003. Additionally, she alleges that at the time the paternity tests were taken on or about November 7, 2003 that he had threatened to take the child away from her. Mother claims that Father has a six year old child to another relationship whom he does not see. Mother is unwilling to allow the child to go with him overnight or even away from her home. She is presently nursing the child and uses her sister and mother to care for the child while she works. Mother is unwilling to share legal custody unless Father is willing to make himself available to speak with her about the child by telephone. Mother has also expressed concerns about Father having a pit bull in his home. NO. 03-6638 CIVIL TERM 5. Father's position on custody: The Father reports that he wants to have an active role in the life of his child. In his pleadings, he seeks share legal custody and shared physical custody. However, at the Conciliation, he indicated that because he has no relationship with the child at present, that shared physical custody would not be the point at which the parties begin. Father is presently employed full time in Springfield, Virginia which is near Washington, D.C. He presently resides with his girlfriend of approximately one (1) year and her two (2) children ages 13 and 14. Father points out that Mother has two (2) Saint Bernards in her home and acknowledges that he has a pit bull. He very clearly stated his willingness to remove the pit bull in order to facilitate the building of a relationship with his child. Father is willing to work with Mother to provide a gradually increasing schedule but quickly wants that schedule to include overnight visits within two (2) weeks. He also seeks to have the visits occur a neutral site because he fears entrapment. At the time of the Custody Conciliation Conference, he was willing to let the Court make the decision regarding the sharing of legal custody. Father finds it unacceptable to be exemising periods of partial custody in the Mother's home because he is not comfortable in her environment and because of the significant level of distrust between the parties. 6. Inasmuch as the parties have not reached an agreement, the Conciliator makes the attached recommended Order to immediately commence contact between the infant and the Father during periods of time when Mother is out of the home at work. This recommendation was made after the Conciliator arranged a March 25, 2004 11:00 a.m. hearing date before Judge Bayley. Counsel were informed of the hearing date at the time of the Conference as well as the Interim Order with regard to Father's contact with the child. The Conciliator also spoke with counsel regarding the potential for the parties to work and participate in co-parent counseling, focusing on the child's developmental needs and abilities as they relate to a relationship with his Father, especially in light of the present lack of the relationship and the geography between the parents. Father indicated his willingness to participate in some counseling and education in this regard with the understanding that it would be aimed at assisting the parties in developing an understanding of the child's needs under the circumstances. (,~~~ '~Dat~e/~/g'/'~ ~- Melissa Peel Groovy, Esquire Custody Conciliator :224847 HUGO MUNOZ-BRETO, PLAINTIFF V. AMBER LEAHY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .~-~ ClVIL TERM ORDER OF COURT AND NOW, this 25th day of March, 2004, following a hearing on the merits, IT IS ORDERED: (1) The temporary custody order entered on March 3, 2004, shall vacate as of March 29, 2004, and be replaced by this order. (2) The mother, Amber Leahy, and the father, Hugo Munoz-Breto, shall have shared legal custody of their son Joseph Anthony DiBari, born September 11,2003. (3) The mother shall have primary physical custody of Joseph. (4) The father shall have temporary physical custody of Joseph: (a) Commencing on the weekend of April 3 and 4, 2004, and alternate weekends thereafter, from Saturday morning at 9:00 a.m. through Sunday at 6:00 p.m (b) When Joseph is one-year-old this schedule shall extend from alternate Wednesdays until Sundays a~-~0 p.m. The father shall have Joseph picked up at any time on such Wednesdays as he shall provide the mother with notice at least one week in advance. (5) Joseph shall always be with his mother on December 24, 25 and 26, and he shall always be with his father on December 27th through 6:00 p.m. on January 1st. The father shall have Joseph picked up at any time on December 27th as he shall provide the mother with notice at least one week in advance. (6) The father shall provide for all transportation for these exchanges of custody. ((OUrt, Edgar B. Bayley, J. ~amuel L. Andes, Esquire For Amber Leahy ,,~ruce J. Warshawsky, Esquire For Hugo Munzo-Breto :sal HUGO MUNOZ-BRETO, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA AMBERLEAHY, DEFENDANT : 03-6638 CIVIL TERM ORDER OF COURT'. AND NOW, this I~I ~ day of April, :;)004, following a conference with counsel, paragraph 4(a) of the court order dated March 25, 2004, is amended to read: "Commencing on the weekend of April 10 and 11, 2004, and alternate weekends thereafter, from Saturday morning to 9:00 a.m. through Sunday at 6:00 p.m." All other provisions in the court order dated March 25, 2004, shall remain in full force and effect. Bruce J. Warshawsky, Esquire For Hugo Munoz-Breto Samuel L. Andes, Esquire For Amber Leahy :sal Edward E. Guido, J. HUGO MUNOZ-BRETO, Plaintiff VS. AMBER LEAHY, Defendant : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03.~a~CIVIL TERM : : CIVIL ACTION - AT LAW : IN CUSTODY PRAlC, CIPI~. TO ENT¥,R/I,VITI-II'IR AW APPiC, ARANCI~, TO THE PROTHONTARY: Kindly withdraw the appearance of Samuel L. Andes, Esquire, as attorney for Defendant, Amber Leahy, in the above captioned matter. Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17(}43 Phone: (717) 234-4182 PA S. Ct. ID No. 17225 Dated: Kindly enter the appearance of Jeann~ B. Costopoulos, Esquire, as attomey for Defendant, Amber Leahy, in the above captioned matter. Jeann~ B. Costopo~flos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA S. Ct. 1D No. 68735 HUGO MUNOZ-BRETO, Plaintiff VS. AMBER LEAHY, Defendant THE COURT OF COMMON PLEAS CUMBERLAN]D COUNTY, PENNSYLVANIA No. 03-638 CIVIL TERM CIVIL ACTION' - AT LAW IN CUSTODY CERTIFICATE OF RERVICE I, Jeann~ B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing Praecipe upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Bruce J. Warshawsky, Esquire 3211 North Front Street Harrisburg, PA 17110 DATED: BY: Jeann~ B. Costopouios, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, pA 17055 Phone: (717) 790-9546 PA Supreme Ct. 1D No. 68735 HUGO MUNOZ-BRETO, Plaintiff V. AMBER LEAHY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-6638 CIVIL TERM IN RE: CUSTODY Proceedings held before the HONORABLE EDGAR B. BAYLEY, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on March 25, 2004, in Courtroom Number Two. APPEARANCES: BRUCE J. WARSHAWSKY, For the Plaintiff Esquire SAMUEL L. ANDES, Esquire For the Defendant FOR THE PLAINTIFF 1. Hugo Munoz-Breto FOR THE DEFENDANT 1. Amber Leahy REBUTTAL 1. Hugo Munoz-Breto INDEX TO WITNESSES DIRECT CROSS REDIRECT RECROSS 3 22 28 30 31 43 49 52 48 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Whereupon, were held:) THE COURT: the material. March 25., 2004 Carlisle, Pennsylvania the following proceedings Moving party may proceed. I have read MR. ANDES: If I may before we start, there is one correction. The child's name, last name, is not Leahy. It's DiBari, capital D-i capital B-a-r-i. THE COURT: Joseph Anthony DiBari? MR. ANDES: Correct. THE COURT: Have a seat, folks. First witness. Whereupon, HUGO MUNOZ-BRETO, having been duly sworn, testified as follows: DIRECT EXAMINATION Please state your full name. Hugo Munoz-Breto. Spell your last name. M-u-n-o-z hyphen B-r-e-t-o. Where do you live? I live in 8711 Cromwell Drive, Springfield, Where is Springfield? BY MR. WARSHAWSKY: Q A Q A Q A Virginia. Q 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Springfield, Virginia, two miles south of Fairfax. Q A is about a mile and a half, Where in relation to Washington D.C.? It would be approximately 10 to 15 miles from Washington D.C. Q residence? A Q A How far from Cumberland County is your current It would be approximately 120 miles. How long did it take you to get here today? Approximately two hours and 20 minutes. Q With whom do you reside? I reside with Debra Hickman, Matthew Hickman, and Joshua Hickman. Joshua and Matthew are minors. Joshua is 14. Matthew is a 13 year old. Q Are they Debra Hickman's sons? A They are. Q What is your relationship with Debra Hickman? A Debra Hickman and I have -- she is my girlfriend. We have a relationship that is a partnership, if you may. We love each other and we have stayed as a nucleus, a family nucleus. Q Hickman? A year and a half, How long have you had this relationship with Debra We have been together for approximately almost a a little bit shy of a year and a half. 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A I moved to Virginia -- 16th of this year. And prior to February 16th of this Q you live? A I Pennsylvania. Q A Q employment? A And when did you move to Virginia? I began working February year, where did lived in 73 Carousel ]Drive, Hershey, With whom did you live? I lived with Debra Hickman and her two boys. And when you resided in Hershey, what was your I worked as a biomedical electronics technician. worked for Hershey Medical Center as a biomedical electronics technician, Q A Q A I a biomedical engineer. And what was your income at that time? It was $42,000.00 a year. For how long had you worked for Hershey? I worked for Hershey for approximately a year and a half, two years. Q Let me take you back to the summer of 2002, can. What was the situation like at work at that time? if I Okay. A Summer of 2000 -- Q 2002. A The summer of 2002. I believe -- the summer 2002. I had just began -- I had just moved to Pennsylvania, to 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and I had no support system. I have nobody who I knew work Hershey, _n the area. I worked and I developed some friendships, friendships at work, but I had no relation with anybody. Q Did you take on a second job? A I did. I began to ponder whether isolation is a good thing. I never worked in the entertainment business before. I took a job I never wanted. Before I worked as a bouncer in downtown Hershey in a club, Dragonfly. Q Hershey or Harrisburg? A I'm sorry, at Harrisburg. I apologize. Q And when did you meet kmber Leahy? A I saw her on and off in the club. She came on and off. So I would say between -- we spoke probably in September, October, September most likely, yes, September of that year. Q And very briefly describe your relationship with Amber Leahy from the time you met her until the time the relationship ended? A We dated. We kept separate homes, separate addresses. So we dated in a sense that we were not -- we didn't have a common group of people. I visited at her home. She visited at my home. A couple of times we went to Appleby's but it was not intimate in a sense of commitment. Was it intimate in a conjugal sense? I did not have any other partners sexually at all. but there was no coramitment of any Restaurant, Q A I don't know on her part, 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A again -- kind in the sense of -- But did you have a sexual relationship with her? I did. I did. We had sexual relation and it was, THE COURT: Well, we had a baby, THE WITNESS: I'm sorry'? THE COURT: You had a baby? THE WITNESS: Yes, sir, we had. THE COURT: Born when? THE WITNESS: Yes, sir, 9/11. THE COURT: 2003? THE WITNESS: Yes, sir. THE COURT: BY MR. WARSHAWSKY: Next question. right? Describe for us a little bit briefly how the Q relationship ended. A On Thanksgiving of that year I was visiting her home and I suspected that some of -- it was a suspicion, understand from just intuition, I believed there was drug use. There was behavior that was odd and. indicated to me -- I'm not by any means an expert, but I do tend to observe. So when I confronted her with the issue, she became defensive and actually physical ~,he pushed me. The situation became a problem, and I decided at that moment to leave the house, leave the premise, and to end the relationship. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 next work, pregnant. Q A Q A Q Q contact with Amber? A I believe she -- at my place of And after that incident occurred, what was your I understand she called at my employment, and she notify me that she was When did this occur? This occurred somewhere in February. Of 2003? Yes. And what did you indicate to her at that time about her pregnancy and -- just what did you indicate to her at that time about her pregnancy? A Well, that it was hard to believe but possible, and I really had no idea whether it was mine. I suspected it could be. We didn't have a serious relationship. We were never married. We were never engaged of any kind. It was casual. So I suspected -- well, what we have to do in my mind -- I told her there was a question. I didn't believe her. my mind somehow put it to reality. Q How often did you have sex during with Amber? A Q A Q I couldn't in your relationship I will say twice a week. Did you practice birth control? I didn't. I did not practice birth control. Did she indicate to you that she was practicing 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 birth control? A Yes, I thought so, yes. Q Why did you think so? A Because of admission on her side. Q What did she say? A She said she was on the pill. Q Now, after February of 2004 when you received this telephone call, what was the next contact you had from Amber regarding her pregnancy? THE COURT: February 2003. MR. WARSHAWSKY: 2003. Thank you. THE WITNESS: Well, she -- I decided -- after pondering for several weeks and several months whether this is true or real, I decided to visit her and see if there were signs of a pregnancy. BY MR. WARSHAWSKY: Q When was this? A This must have been somewhere in March probably, yeah, somewhere in March. Q Where did you visit her? A I went to her house, an.d I asked her, you know, are you really pregnant? I didn't see any signs. I'm not a doctor. I kind of thought it was real but then I figured -- when I saw her and after I talked to her, she admitted again that the procedure to follow would be embrace the legal system 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and proceed with a paternity test. Q Give me a point in time when you began dating Debbie Hickman. You said that you cut off your relationship with Amber in November. Just give me a point in time here. A Sure. In November the relationship ended. In December I traveled to Tampa to visit my mom for the holidays. I came back. And in January, we began to We spoke at work. We had breaks together. were dating. Q Q pregnancy. speak, Debra and I. By February, we Were you having sexual relationships at that time? No. Her boys would not allow it. Fair enough. Let's get back to ~ber and her After you went to her house in March, what was the next contact you had with Amber? A After I went to her house, she went to work, and I was paged by the secretary of my department stating that a lad~ was in the hospital in front of the department stating that she was the mother of my child. Q When did this occur? A Approximately, I believe, June, July. July. It would have to be July. June, July, yes. Q Did you meet with Amber at that time? A I did. She came with a girlfriend. We spoke. When we spoke she was -- at that time it was obvious that, yes, she was pregnant. I still -- I had doubts I did not do it. We 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~idn't have, on her part, I don't believe, an exclusive relationship. I suspect and I understand there might have been other sexual partners. So I pondered whether it was mine. The commitment was not deep enough for her. Q Did she look pregnant to you? A Yes, she was, yes. Q And when she came to your place of employment, where were you living at that time? A When she came to my place of employment I was -- I had -- I resided 806 Main Street, Hummelstown. Q Was that an apartment you rented? A it was. Q after that incident in the summer, did you I did. Our relationship -- Debra's and my relationship had progressed farther along and good enough that her boys, which were the key factor of accepting me, and they said, you know, you're okay, so we decided to move in together, and in August of that year I moved. Q Was it into Debbie's home? A Yes, I did. Q Did an incident occur while you were moving into Debbie's home? MR. ANDES: Your Honor, if I may object to this. I don't see how -- Yes, Now, move to Hershey? A Yes, 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 relevance? THE COURT: What is the relevance? What is the MR. WARSHAWSKY: The relevancy is the background with regard to the relationship, an(/ his denial of paternity is an issue with respect to the level of visitation that he sought and did not receive from the mother. That's their position. It was their position -- THE COURT: Let's get up to the time the child was born and go from there, and let's see what happened. That to me is what is relevant. MR. WARSHAWSKY: Thank you. THE COURT: Did you acknowledge paternity before the child was born? THE WITNESS: No, sir. THE COURT: I understand. Go ahead. BY MR. WARSHAWSKY: Q Let's fast forward then to the point in time when you were made aware that Amber had given birth. Tell the Court a little bit about how you found out and the events occurred thereafter. A ask for me. before and what hospital she was, I should go see her. Due to the my mind that this could happen, that Yes. A girlfriend of hers call my work, and she She told me that Amber had given birth the day Harrisburg Hospital, and that doubts and the possibility in I went and saw her. I wanted 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to see the baby. I wanted to see him. I wanted to see the likeness if there was. So I went to visit her at the hospital. Q Did you get a chance to hold the baby? A I did. I did. Q Did you acknowledge your paternity at that time? A I did not. I was asked to sign papers, to sign a paper of some sort, a form, in which stated that I was the father and I refused. Q Do you know whether she added your name to the birth certificate as the father? A I understand she didn't. Q Now, after the birth, had with Amber or the child? A After the birth, I received a phone call at my place of employment and it was a really stressful -- a rather stressful phone call explaining that there were no means to what was the next contact you provide for the child, that she was desperate. I did see the stress packages of diapers, that the situation was kind of short and I said -- and the baby needed diapers. so I went and purchased a whole two and I dropped those diapers off at her front steps at 6:30 in the morning before I went to work. Q When was this? How long after the child's birth? A This must have been in September, October. Q Did you take any steps to determine whether you were the father of the child? 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A would be to Of course. My first iine of logical or decent move seek legal -- THE COURT: Just tell me, were there blood tests ultimately taken? THE WITNESS: THE COURT: and they took them? There were by the Domestic Relations. She filed a support action against you THE WITNESS: Yes, she did, sir. THE COURT: I understand. THE WITNESS: After I -- after I contacted -- I did not know she filed a domestic relation petition. I had contacted my attorney prior to any knowledge, and I had planned to have a paternity test and I requested my lawyer. THE COURT: You are the father? THE WITNESS: Yes, sir. THE COURT: Next question. BY MR. WARSHAWSKY: Q Do you recall when you received the results of the paternity test? A I believe they were in -- they must have been October, November. Q And after you learned the results of the paternity test, did you make any attempts to contact Amber and to make arrangements to participate as a father in the child's life? A I tried but it was on her terms. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Meaning what? A Meaning to visit, to go to the home and visit. I suspected that the idea was to foster a relationship between her and I. I already have -- and I'm truthful and dedicated to Debra Hickman. It would create a conflict in decency to me. I did not want to visit her home. Did you ask to take the child to your home? A I did. I did. And the answer again was -- I felt myself -- I felt powerless. I was told not to. Q By whom? A By her. The child was not to leave the home. I talked to Debra about it. We had extensive conversations, and it seemed not fair to have to engage in a relationship or attempts to any kind in order for me to be truthful to Debra in our commitment. Q Now, in this case? A I have. Q Why? A My son. ultimately did you file the custody complaint I did. Fatherhood. I have an opportunity that is a lifetime life changing event. My' son, to be a father to him and have him look at me, touch me, feel my voice, care for him, it do to seek the legal system to allow me to be a father, creates a bond in him and me that there is no other way to it. I want and I like -- the only thing I know how to do is to allow 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 him to have a father. Q And since the filing of the custody petition, what kind of contact have you had with tlhe child? A After conciliation I was -- the only way and the only means that the Court allowed were visitations, supervised visitation, not given by the Court ibut stipulated -- actually carried out outside the realm of the Court by the grandmother of the child and the sister and so forth. But nevertheless, I went and attended every opportunity I had. I went to the home, and I held my child. And even though there were disturbances and it was supervised, at me with familiarity. He smiles. He knows my son now looks who I am. Q Now, after filing the custody petition, the change in jobs, correct? A you took Yes, I did. Why? The change in employment -- I had began these plans way before paternity was established. I had interviewed for this job before paternity was established. And it is painful to me because it might hinder my possibility to have shared custody. I agree not to because of the distance, so we ultimately suffer. But the job in the long'-term -- the long-term decision is beneficial to him and I. My earning has increased. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I have a better job with better pay. In Hershey is a union environment. I was under the union. My salary was cut for the next four years. So I had no possibility of a pay increase. My son is very -- he's going to need financial, you know, support, and I need to provide for him. So this job allows me to do that. I have very .good opportunities to advance within a company. As of right now, I am $10,000.00 higher in pay than I was at Hershey. Q Now, did you consider the impact of a move and a change in jobs on your request for custody? A The job was already on the way. I pondered heavily for the last few days in how should I approach this. I thought the benefit -- just the benefit would be to have as much time as possible with each parent. It would be shared custody. I now backed from that. I believe that shared custody due to the distance would not be -- and due to the -- would not be beneficial for him. I do want to have as much participation as possible. As long as Amber is at work, I want to be there. I want to have it at my home and show him how -- I want him to know me. I want him to know me. So I have -- due to the, considerations in distance, I have backed from that. If in the future the relationship between Amber and I in terms of co-parenting -- she hasn't been co-parenting at all. There is some counseling that might be 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 involved. commitment of a lifetime. day I die. Q As time evolves and we are able -- this is a I'm going to be a father up to the Are you willing to submit to counseling and suggestions as A Q Virginia? A to how you might be a better parent? I beg for it and please welcome that. What arrangements have you made for living in Have you signed a lease? I have a one year lease signed with Debra Hickman. Both of us are in the lease. Q And have you made any arrangements with regard to preparing a room for the child should you have the opportunity to have custody in your home? A My son has a room of his own with a crib. He has -- there's actually a swing. The room is decorated. As it stands right now, it's empty but it is his room. By the time -- I have made plenty and ample arrangements. MR. WARSHAWSKY: May I approach the witness, Your Honor? Exhibit No. THE COURT: Yes. MR. WARSHAWSKY: 1. (Whereupon, marked for identification.) Let's mark this Plaintiff's Plaintiff's Exhibit No. 1 was 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. WARSHAWSKY: Q Can you identify these pictures? A Yes, sir. Q Did you take them? A Yes, I did. Q What do they represent? THE COURT: Just generally. How many are there? MR. WARSHAWSKY: Six on one sheet. THE COURT: Tell me generally what they represent. THE WITNESS: Yes, sir. This is the room that we have provided with furniture for him, completely furnished. We have actually -- we have purchased a monitor, a baby monitor, so we can be around the house and b.e able to hear him as a safety precaution, and it is his room fully furnished. BY MR. WARSHAWSKY: Q If he were to be at your home for long periods of time, how would that work with your work schedule and what arrangements would you have in plac,e to care for him? When would you be able to care for him, and if you weren't there, what arrangements would be in effect? A My mother, his grandmother, We're from a Latino origin. mother is extremely excited. and she lives in Tampa. As my paternal grandmother. We are very family oriented. My She can't wait. She's retired soon as she heard about this, about son and her being a grandma, she wants to be an active part 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of his life. She's ready to come ts our home and retire with us and care for him while I'm at work. Q What are your work hours? A I work from 8:00 to 4:30. Q Monday through Friday? A Monday through Friday. Q Weekends? a No, no weekends. THE COURT: What is this job that you have now and who is it with? THE WITNESS: It is a clinical engineering specialist. It is with Inova Health Systems. BY MR. WARSHAWSKY: Q Just give me a brief description of the layout of your home and the number of bedrooms, who sleeps where, and what arrangements are in place for the child and for your mother. A Joseph's room is adjacent to ours, to Debra Hickman and I. Down the hall there upstairs, the upstairs part. a guest room, that it has a is a bathroom. That's in the Down 'the hallway there is a room, futon, all entertainments needed for a guest. Past down that hall and in front, right across in front of the hallway of Joseph's room, the two boys reside. They have bunk beds. They have a television and two bunk beds. Q So would your mother reside in the guest room if 2O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 she were to come? A Yes. Yes, she will. Q And the two boys are in the same room even though you have two other bedrooms available? A Yes, they have done this voluntarily. Q Why? A Yes, they have done this voluntarily. Q Why? A Our relationship is as such that they consider him as a brother. We have a very intimate relationship. I oversee their grades, their life, their every day life. I pick them up at school. I have talked to their oounselor. They look at me as a fatherly figure, and they can't wait to see a child of my own. Q What other opportunities are available in Virginia with respect to career enhancement, and what are your long-term plans with respect to the job and location? MR. ANDES: I object to this. THE COURT: I sustain it. He is doing quite well where he is now, and we will take tlhe situation as it currently is. I am fully familiar with the Springfield area. MR. WARSHAWSKY: I don't think I have anything else at this time, Your Honor. THE COURT: Cross-examine. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. ANDES: Q I'm sorry, live now? A Q A CROSS EXAMINATION I didn't hear. Where does your mother She is currently residing in Tampa, Florida. And when is it that she's going to move up here? As soon as I have custodial definition, my physical custody is defined, she will come. Q So next week or the week after that? A Tomorrow. Q Okay. If I understand this correctly, there are four bedrooms in the house? A Yes. Yes, sir, there are. Q You work at Nova Health Systems. Is that at a hospital facility where you actually go to work? Inova, I-n-o-v-a. Is it a hospital where you work? No, sir. It is more than one hospital, Health composed -- A A Systems of Inova is Q Where do you specifically work, you? A Oh, me? Q Yes. A I work for Inova Health System and there is, I will say, a company that works that is part of them. Inova Health System -- 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Excuse me a second. I just -- THE COURT: I don't understand your question. do you want to know? What MR. ANDES: THE COURT: MR. ANDES: THE COURT: MR. ANDES: THE COURT: I want to know where he goes to work. You mean physically? Physically. How far from his house? Correct. How far from your house? THE WITNESS: Oh, my work? MR. ANDES: Yes. THE WITNESS: About a half a mile. ANDES: And is that the place you work Monday through BY MR. Q Friday? A Okay. Before help you as much as I can, hospital. efficient, Q you interrupt me, and I'm trying to my job is not specific to one Inova Health System has many. In order to become they have gathered clinical engineers -- Excuse me a second. I just want to know physically where you go to work, if it's more than one location. I don't need to know why. I don't need -- THE COURT: Come on. Come on. Don't argue. Where are the other places you go besides a half a mile away? THE WITNESS: All within Fairfax County. 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: What is the farthest away? THE WITNESS: The farthest away would be -- I'm sorry, there is another -- the farthest is Loudoun County, Loudoun County Hospital which is 25 miles away. THE COURT: Continue. BY MR. ANDES: Q You mentioned that your girlfriend's sons regard Joseph as a brother. Have they ever seen Joseph? A In pictures and in film. Q But they have never seen him in person? A I haven't had the opportunity. That's what I'm begging for today. Q You lived in Hershey for about a year and a half. Where did you A Q A Q A A Mexico. Q live prior to that? I resided in Baton Rouge, Louisiana. How long did you reside there? Approximately for two years. Where did you live before that? Before Baton Rouge, Louisiana, I lived in Tampa. For how long? For about two years. And before that where did you live? Before Tampa, I was in New Mexico, Albuquerque, New For about how long? 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 A A child support I was in New Mexico for about three years. Do you have any other children? I do. You have a daughter? Yes. And how old is she? She's 11 years old. And where does she live? She lives in Beaumont, Texas. Do you pay support for her? I do. Through the court or privately? I do. I pay to the District Attorney, services. the Texas Q How long have you been doing that? For about eight months. And before that, you did not pay support, did you? Before that I didn't. And you paid support because the mother of that child filed a support action against you, you? A is that right? I came to know where -- the situation is complex. THE COURT: Did she file a support action against THE WITNESS: Yes, she did. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A My wife -- BY MR. ANDES: Q When was the last time you A It was beyond my control. Q Excuse me? A My ex-wife -- Q If you would, just you saw her, please. A When she was approximately -- and this one year old. So you did not see her for about I haven't. saw that daughter? tell me when the last time was is sad -- ten years? I have spoken to her over the phone. THE COURT: That's okay. You have spoken to her but not seen her? THE WITNESS: No, sir. THE COURT: Next question. ANDES: Q Did you propose marriage to Amber? A No. Q Did you buy her a ring at anytime? A No. Q Did you have her name -- BY MR. THE COURT: How is this relevant? MR. ANDES: Well, it's relevant, Your Honor, because he said he never made any commitment and he never had 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 any -- THE COURT: He wants to make a commitment now. Let's deal with today. We know what's happened in the past. This didn't work out between them. Come on. Get what I need to know about this child, these parents, whether or not he is competent, able and he should see his own son. That is the issue. BY MR. ANDES: Q The blood tests were taken on the llth of November, is that correct? A I believe. I understand. Q And you received notice of the results of that about the 18th of November from the court, the Domestic Relations Office in Dauphin County, is that correct? I can show you a copy of the judge's order. MR. WARSHAWSKY: We're willing to stipulate that the results came back November 18th, Your Honor. THE COURT: Okay. BY MR. ANDES: Q And you filed this action -- your verification is dated the 22nd of December, is that correct? A Today, yes. Q And from the time you dropped off the diapers in September, I believe you said, you did not see the child because Amber would only allow you to come see the child at her 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 home? A In not come back. September I was not -- the paternity test had When the paternity test came back, I know I -- I had to seek legal advice, and because of the nature custody and must of our relationship, I had to establish legal physical custody through the courts. MR. ANDES: That's all the questions I have of this THE COURT: MR. WARSHAWSKY: THE COURT: Go witness. Anything else? Very briefly on redirect. ahead. REDIRECT EXAMINATION BY MR. WARSHAWSKY: Q There was questioning about the length of time you spent at the last four addresses, and I did want to ask you at the end of direct about what types of commitments are you intending to make in Virginia and what's your plan in terms of living in Virginia? A They are very long-term. George Mason University is right at the doorstep. I need to further my career. I have a Bachelor's Degree in electronic engineering from the University of Minnesota. My next step is a Master's Degree. They have a Master program in technology management. I plan to enroll and begin in January. I have to take the GM_AT in order to do that. So it is at least -- for at least six to ten 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 years. Q And you talked a little bit about your daughter and you were cut off. I just want you 'to try to describe briefly for the Court what's happened with your daughter and how you came from seeing her at one year old and now only having contact with her by the phone recently. A My daughter was born out of a marriage. I was married for five years. My relationship to my ex-wife was of two, so we had a seven year relationship. Divorce occurred under circumstances that are lengthy, and I think it will bore the Court. The fact is she moved and I lost -- I didn't know where they were. I had nowhere to find them. The Court -- as proof of this, that she defied what was written in the divorce decree, she moved to Texas even though in the divorce decree it is specified that she could not leave the state of New Mexico. My .daughter could not leave the state of New Mexico without my permission. We had shared legal custody. Nevertheless she did. I didn't know where she was. She could contact me. As a matter of fact, she contacted my mother later on with a huge back child support arrearage. There is a huge amount which I will pay, and I have to and I must. It is my obligation. I only regret that I wasn't as tenacious as and I lost many years. MR. WARSHAWSKY: I am today with pursuing my daughter, Thank you. That's all I have. 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BY MR. ANDES: Q daughter? A Q ANDES: I have one or two follow-up questions. RECROSS EXAMINATION You say there is a huge support arrearage for that It is relatively huge but nevertheless doable. Where did that come from? What state were you ordered to pay support Texas where she moved. And when was that order entered? Right now I do not know. I don't have it in front in? A Q A Well, was it entered several years ago? I believe so but I wasn't contacted. You were not contacted when the support order was I wasn't until recently. I might have a couple -- THE COURT: Let me ask it this way. When did you that a support order in Texas had been entered of me. Q A Q entered? A Bear with me, sir. It would have to I was in Louisiana, in Baton Rouge, so probably the year 2000, a few Next question. first learn against you, what year? THE WITNESS: be -- it was in -- when that is about the year 2000, yes, years ago. I contacted the -- THE COURT: Hold on. 30 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 March. mother. MR. ANDES: THE COURT: THE WITNESS: I'm 43 years old. I still have to think about it, 43. THE COURT: You may step down. That's all the questions I have. How old are you, sir? My birthday was Let's hear from the BY MR. Q record. A Road, MR. ANDES: Call Amber Leahy, please. Whereupon, AMBER LEAHY, having been duly sworn, testified as DIRECT EXAMINATION ANDES: Would you state Amber Christine Camp Hill. follows: your name and your address for the Leahy, and I live at 806 Erford Q How old are you? Twenty-six. Are you married? No. Have you ever been married? No. Who do you live with? I live with my son and my sister and her daughter. And what is your sister's name? 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mall. A Dawn Leahy. And does your mother live nearby? Yes. She lives in New Cumberland. What's her name? Davana (phonetic) Leahy. And do you work? Yes. While you work -- where do you work? It's now called the Beauty Bar in the Colonial Park Q When you work, who cares for your son Joey? My sister and my mother. What's Joey's health like? He's in great health. Is he nursing? Yes, he's still nursing'. Has he been nursing since birth? Yes. We heard Mr. Munoz-Breto testify about your relationship with him or his with yours prior to the time the child was born. He said he never admitted paternity. Did he ever tell you he was not the father? A No, he did not. Q He said that he broke off your relationship because he suspected that you were using drugs and you had an argument 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and pushed him. A Q A Q A Is that true? That is absolutely not true. How was it that the relationship ended? It was on Christmas Day of 2002, last year. 2003? 2003, yes, and Hugo was excessively drinking, the alcohol. And he that were not true. And my mom looked at me and she and I have plenty of witnesses to that. He was drinking Scotch straight out of the bottle. And he just -- I had a house full of friends and family, and I think he became enraged from all just started accusing me of doing things And basically he just left, and I broke up said, that guy is with him. not right. Q A Q A Q employment. A At that time were you pregnant? I didn't know yet. I had just became pregnant. I'm sorry, it was 2002. Yeah, 2002. He testified that Is that true? Yes, that was in April. called him in January -- THE COURT: Wait. Wait. BY MR. ANDES: Q After you broke up, to tell him you were pregnant? you came to his place of After we had broken up, I Next question. when did you first contact him 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A phone remained off. That was the He had moved out of his apartment. It was January when I found out I was pregnant. And how did you contact him? I called him and I left him a voicemail. His cell only way I could contact him. I didn't know where he was, and that was Q So after you left that voice message, you were pregnant, did he call you back? A He came into my job. the only way -- I left him a voice message. you tell him Q He came to your job? A Yeah. Q What did he say, if anything? A He stood there and just stared up front at me for like ten minutes, and the one girl asked if she should call security, and I said no. So I brought him in the back of the salon, and he said, this is serious, we have to get married. And I said, Hugo, I need some time to think. I said, I think we should go to counseling. And he's, like, no, it's either now or never. And I said, well, I guess it's never. I said, just need time. And then we had kept in contact pretty much, you know, me calling him, me trying to contact him. I really didn't hear from him too much more. Q Was there a time when you were not able to reach him by telephone? A Yes. 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Q When did that start? A Well, we did keep somewlhat contact up until about March. March was the last night that he had stayed over at my house. It was the end of March. Pretty much from that point on I could not contact him. He had moved out of his apartment. His cell phone remained off, and he forbid me to call his job. He did come over the one time in April to see the ultrasound picture, and that was the time after I went to his job with my girlfriend. We had gone there, and that's when I had told him I was getting the ultrasound if he wanted to know what the sex of the baby was. And then the next day he had came over, and I showed him the ultrasound pictures. Q He testified that he came to the hospital -- I'm sorry, that you came to the hospital where he worked. A Right. Q After that. A That is in April, one time. And then he came to mi house, and he said that I am never to go there again and not to call him at his job. Q So after that you did not try to contact him at his place of employment? A No, I did not. Q And by that time, apparently he was living with this other woman so you didn't try to contact him there? A No. I didn't know where he was, and he told me 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that he wasn't in a relationship. friends. Q that? He said he was staying with When the child was born, how did you notify him of A One of my friends had ran into him moving out of his apartment. She lives in Hummelstown. She's seen him at the 7-Eleven in Hummelstown moving. And she put me on the cell phone, and I had told him, I said, you know, our son was due last Friday. And he said, well, I knew it was sometime in September. And basically we talked briefly, and then after that I went to -- I went to get induced that Wednesday, and the next day my friend had called him at his job to tell him that I had had the baby. Q After that, did he contact you and ask to see the baby? A He was calling me pretty much always right when he got off work. He would call me from his cell phone because it came up blocked on my caller ID. He would call and just pretty much, you know, say, you know, I still want to be with you, I want to work things out, just give ]ne some time. And that's pretty much what he had just been telling me the whole time, and he still did not admit that he ]nad a girlfriend. Q Was there a time that he came to your house to see the child after the child was born? A Yes. He came briefly one time, stayed for about 15 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 minutes and left. But when he did .some to the hospital, I had asked him if he could put the car seat in for the baby, and he said, no, I can't, I have to leave. And that was the only thing I had ever asked him to do. THE COURT: Wait. You are beyond the question. Next question. BY MR. ANDES: Q He said you called him and needed some financial gave you diapers. help and so he A No. his job and said, for this baby. friends bought Actually, one of my friends had called him at you know, Hugo, you have not done anything I bought everything. I had a shower. My everything. He did not contribute one thing him. So my friend called him at his job and said, you know, think it would be nice if you could at least, you know, bring her some diapers or help her out a little bit. And that's when he came at 6:30 -- 6:00, 6:30 in the morning and was knocking on my door. I heard him, and I looked out my window and seen his Jeep. So I went downstairs for and I had the baby because he sleeps in bed with me. So I got out of bed, went downstairs with the baby. And Hugo was crying and he was hugging me and the baby. And he said, you know, we need to work things out and just give me some time, and please let me move in with you. Q About when was that? 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Joey? A That was in November I would say. Of 2003? Yes. So the baby, Joey, was a couple months old? About two months old, yeah. After that, did he contact you again and ask to see A I would say -- let's see, November, no. You know what, I remember now because he had brought me the wrong diapers. They were the wrong kind and the wrong size. So I had tried to call him back at Debra's house and I said -- Debra answered the phone, and I said, can I speak to Hugo. And she said, hold on a minute, and then she gets back on the phone and she said -- MR. WARSHAWSKY: That's hearsay. THE COURT: he see the child again? MR. ANDES: ask to see the child? THE COURT: THE WITNESS: put him on the phone. THE COURT: the child again? Your Honor, I'm going to object. Sustained. What finally happened? Did Was that the question? Yes. Well, the question was, did he Did he ask to see the child again? No. I had called and she wouldn't You are saying he never asked to see 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: No, he didn't. THE COURT: Next question. BY MR. ANDES: Q Now, we had a custody conciliation, and as a result of that an order was entered at the beginning of March several weeks ago that gave him time to come to your house to see the child. A Um-hum. Has he done that? Has he come to your home to see Q the child? A Q occasions, A Q A Q with him? A Yes. And the order specifies times that he is to come and times that he is to have the child. How many hours each day is it to be? A Three. Q So, for example, every Saturday from 10:30 until 1:30, and then on Sunday from 12:30 until 3:30. On any of the has he stayed the full three hours? No. How long has he stayed? About an hour, an hour and a half tops. And when he comes, is there anyone that has come Yes. His girlfriend sits in the car and calls him on his cell phone. 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q the house? A Q A the the basis that she has no The first time did the girlfriend want to come in Yes, she did. But your mother said no, is that correct? Right. Q But each time that he comes the girlfriend sits in car and waits for him? A Yes. Q Does he talk to her somehow? A Yes, on the cell phone. Q Once each time he's there? A No, three to five times. MR. WARSHAWSKY: Your Honor, I'm going to object on firsthand knowledge -- THE COURT: I understand it is hearsay. It is what she understands. MR. to go. I take it the mother is sitting back here. ANDES: The mother is back here. We're ready it's worth here. Let me ask a question. hasn't stayed the full three hours, for THE COURT: I understand. I will take it for what Although you say he each time that he has been allowed to see the child under this order on Saturdays and Sundays, has he come up? THE WITNESS: Yes, sir. THE COURT: Continue. 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. ANDES: Q If I may have the Court's indulgence What are your concerns any length of time? A I do not trust Hugo at know -- I don't believe anything. for a moment. about having Hugo have Joey with him for all. He lies. I don't He's threatened to take him to Venezuela. He said not to push him, he has the money to do it, and I don't take his threats lightly because he's done a lot of things that make me not trust him. Q What is the significance That's where he's from. And when did he threaten to take It was on the phone the day that of Venezuela? Joey to Venezuela? we had the paternity test, and we had spoke later on that day on the phone. And he said, do not push me, Amber, I'll take him from you for good, and I have the money to do it. Q Has he made other threats to take him away from you or do something like that? you and A Yeah. From the very beginning, he kept saying, know, I have an attorney, do you want my attorney's number, I'm going to take full custody, yeah, he has. Q Was he angry when the paternity tests were taken and afterwards when he knew the results? A He knew all along so he wasn't surprised. Q was he angry when he got the results? 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, he didn't seem angry. Q When he called you on the phone, was he angry or was he calm? A It's hard to say with him because he can be calm one minute and angry the next. Q When was the first time you learned that he had moved to Virginia? A The day that we went for the conciliation hearing when you told me. Q And prior to that where had he told you he was living? A He didn't tell me. He would not tell me where he lived. He had his apartment in Hu~melstown probably until the end of summer, but he had not been living there since April of last year. Q old is At your home where you live with your sister -- A Right. Q -- you mentioned your sister and her child. her child? How A My sister's child? Q Yes. A She's nine months old. Q And you live there? A Yes. Q With Joey? 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Right. Q Is there bedrooms? A Q room in your bed. A Yeah. room for everybody? Are there enough Yes. You mentioned that me. SIDS. Q A recommends. Joey actually sleeps in your He has his room, The pediatrician said it's fine. but he sleeps in bed with It reduces the risk of How long do you intend to nurse him? For one year. That's what the pediatrician MR. ANDES: That's all the questions I have. THE COURT: Cross-examine. MR. WARSHAWSKY: Thank you, Your Honor. CROSS EXAMINATION BY MR. WARSHAWSKY: Its true that he's also being supplemented from the Q breast-feeding by solid food, correct? A I just started him on fruit cereal about a week or two ago. and vegetables and rice Q It's formula as well? A No, he Q also true that he's being supplemented with does not take formula. And you express breast milk because your work 43 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 schedule requires correct? A Q A to 6:00, 12:00 to Q A you to be away for long periods of time, I work eight hour days. When do you work? I work Wednesday Friday 4:30 to 9:00, 5:00. from 1:00 to 9:00, Thursday 10:00 Saturday 1:00 to 9:00 and Sunday And how far away from your home do you work? I live in Camp Hill, and I work in Colonial Park. So it's about ten minutes on the highway. So you're gone for eight and a half hours at a Q shot? A Q About, yes. And you do express breast milk so that somebody else can feed the baby? A I pump at my job. Q Do you freeze any of it? A Yes. Q And you said that your mother's name is Leahy, you~ own name is Leahy, and we know the child's name is DiBari. Tell us about that. A That's my mother's family's name. My father was never in my life, so I didn't want to give him my father's last name, and I don't want to give him Hugo's last name because he didn't acknowledge him. 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q father? So Did you name him on the birth certificate as the A I put down his name, but he wouldn't sign for it. I did put his name as the father, yes. Q But his current birth certificate does not show him as being the father? A It says father's information not recorded. Unless they sign it, it's not recorded. Q Now, you said that you and your sister and the two babies live in the house. correct? A Q everybody. A There is no male role model there, No, sir. And you said that there are plenty of bedrooms for But can you tell us a little bit about the layout? There's my bedroom and then Joey's bedroom in the Q Now, you're at work, middle, and then Raven's bedroom is at the end, and my sister stays in the basement. She has her bedroom in the basement. you said your mom takes care of the baby when correct? A My mom or my sister. He's only left with family. Do you pay them for that? Yes, I pay my mother. How much? Fifty dollars a week. And is that being reported for tax purposes? 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I write her checks. Q Now, you also know with respect to the visits that your mother has been keeping a watclhful eye over this situation, hasn't she? A I'm not there. I'm not there to know. you seem to know an awful lot about what Q Well, happened. A Well, she has my niece while watches my niece with Joey. the babies' accommodations she's watching. She So, you know, pretty much all of are in the room, the high chair, playpen, room. the swing. So she's going to be in and out of the the THE COURT: How old is your niece again? THE WITNESS: Nine months old. BY MR. WARSHAWSKY: Q You were aware of the provisions of the Court's order that required that during the visits that the plaintiff was supposed to be providing care and that your mother was not supposed to be providing care, correct, you knew about that? MR. ANDES: If I may, Your Honor, I think he mischaracterizes the order. Maybe he should read the order to her. I don't read it to say the way he describes it. THE COURT: Do you know what the order says as far as what happens when your mother is at the house with him? THE WITNESS: That she's just there to be sure 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 things go smoothly, but all times. moment. BY MR. she doesn't have to be in the room at THE COURT: Next question. THE WITNESS: But Hugo never did ask to -- THE COURT: Hold on. Next question. MR. WARSHAWSKY: Court's indulgence just for a WARSHAWSKY: Q How far have you gone in school? A To the llth grade. Q You do not have a high school diploma? A No. Q Have you sought to obtain a GED? A Yes, I will. Q But you haven't yet? A I haven't yet, no. your income? Q What is A Yearly? MR. ANDES: THE COURT: income in this case BY MR. WARSHAWSKY: Q Prior to the child's birth, illegal drugs? A No, I have not. I object to this, Your Honor. Sustained. It doesn't seem to me that is relevant on the custody issue. did you ever use 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Honor. MR. WARSHAWSKY: I have nothing further, Your THE COURT: Any redirect? MR. ANDES: Yes, I do. REDIRECT EXAMINATION BY MR. ANDES: Q A Q A Q of time? A Q A babies. Do you nurse Joey when he goes to sleep? Yes. Does he fall asleep if you do not nurse him? No. He falls asleep on the breast. Has that been the case for awhile, for some period Yes. Since birth? Yes. MR. ANDES: THE COURT: That's all the questions I have. It's been so long since I have had any Tell me, you can produce breast milk to be given to him by somebody else in a bottle, is that right? THE WITNESS: I can pu~ at my job, yes. THE COURT: And you do that. Is that how he gets milk when you are working and he's at home? THE WITNESS: THE COURT: may step down. Right. I have got the system. Go ahead. From the father's standpoint, any further You 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 testimony? Honor. I THE COURT: in, sir. MR. WARSHAWSKY: Just to rebut a few points, Your don't want to go into it very lengthy. You may do .so. You are already sworn Whereupon, HUGO MUNOZ-BRETO, having been previously sworn, testified as REBUTTAL BY MR. WARSHAWSKY: Q have been like, details. A DIRECT EXAMINATION follows: Hugo, tell us a little bit about what the visits and be detailed but don't go into extenuating Yes. They have been very successful at creating a bond because of my effort and Joey's efforts, really, to attend to each other. There are interruptions. There were -- I am in somebody else's home. I must be respectful. I must respect somebody else's privacy and desires, visitations short. There so I had to cut the were several people present at the home. They were literally hovering over me, the mother was. I have brought a camera with me, you know, to record this and record -- not this, record Joey and record us together so I can share it with my mother, I can share it with the rest of my 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 family, and this has come up. It has been so uncomfortable I have left early. The visitations were, according to 'the tape, approximately two hours, except for last Sunday. Last Sunday when I came in the mother began to question and ask me about the her wishes were, and I did not wish to engage especially on any issue that was emotional. position, I respected her home, and I chose confrontation. Q Were you able to get the child to sleep while he was with you on any of these visits? A Every time I rocked him to sleep, and he slept on the top of me on my chest. He slept for about an hour, 45 minutes, and that part of the visitation was rewarding because I got to smell him and he got to touch me. Did he have a bottle in his mouth when he fell Q asleep? A Q Not at all, not at all. Tell the Court a little bit about the in particular one different bottles future and what in conversation, So I respected her to leave without feeding and incident with respect to a couple of and how this whole thing went. A I suspected he was restless or he was hungry. The grandmother said he's probably hungry. I'll get you a bottle. So she gave me a bottle. She said it was breast milk. I began to feed him, and he just really didn't want it. He refused it. 5O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I was told prior to that that he was on solid foods, that I was to give him carrots. The carrots were never provided, but the bottle was never .accepted. Children do that, but it made me wonder. But, anyway, previous to that, in honest and truthful, I fed him breast milk and he took it. But that day he didn't, and I wasn't allowed to give him the solid food, but I was told he was on solid foods. Q Did you get another bottle? A I did. Yes, I got another bottle, and the consistency and the look of that bottle was different. The liquid inside as I shook it was bubbly. It was dense and it was milk like. It looked like formula. Q Did he take that? A Yeah. Oh, yeah. Q Did you ever say to Amber that you were going to take the child to Venezuela? A No, sir. I'm a U.S. Army veteran. I served this country proudly and that is an emotional -- THE COURT: Did you say that to her? THE WITNESS: my country. BY MR. WARSHAWSKY No, sir. This is my home. This is Q Amber testified to a very different sequence of events that occurred from the time your relationship ended and 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 when the child was born. If you can recall her testimony about the sequence of events, is there anything in particular that stands out in your mind as -- MR. ANDES: is just repeating his THE COURT: somewhat different. MR. WARSHAWSKY: THE COURT: MR. ANDES: BY MR. ANDES: Your Honor, testimony. Sustained. this isn't rebuttal. This I got both sequences I have no further questions. Any cross? Yes. CROSS EXAMINATION Q Do you remember at the conciliation conference saying that you and your girlfriend still had the home in Hershey and that was available for you to have Joey with you for periods of time to visit with him? A I thank you for bringing that up, sir. Q If you would, answer my question. Do you remember saying that? A I did not say that. Q Do you have the house in Hershey anymore? A This is what I said. May I tell you what I said? THE COURT: Just answer the question because it is incidental anyway because you are now in Virginia. Do you still have a house in Hershey? 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. THE WITNESS: THE COURT: ANDES: Q Do you remember I don't. Debra does. She does. Okay. Next question. testimony or talking about your dogs at the conference, A Q the conciliation conference? Sir, I don't have dogs. I have one dog. Do you remember talking about that dog at the conciliation conference? A I have. THE COURT: What is the question about this dog? have read about this dog in here. It didn't come up in the direct. What are we talking about dogs now for? MR. ANDES: Well, Your Honor, because he said at the conciliation conference that he had this dog and he was willing to not have the dog. THE COURT: If the boy comes down to your place, are you willing to not have the dog there? My question. THE WITNESS: Could you repeat, sir? THE COURT: What do you. have, a pit bull? THE WITNESS: Yes, sir. THE COURT: If your son visits you at anytime in Springfield, are you willing not to have the dog there during such visits? THE WITNESS: Sir, being honest and in all truth, the dog is so gentle. He would be an asset to his life. 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a child. THE COURT: So that is what your position is? THE WITNESS: Yes, sir. I had the dog since I was THE COURT: Continue. BY MR. ANDES: Q I'm a little confused aloout the house in Hershey. Let me ask you a different way. Do you have any place in this area, within 20 or 30 miles of this courthouse, where you could visit with Joey if you had time witlh him? A No, sir, I don't. I don't reside there. Q So your proposal is that immediately you have Joey and drive him two hours and 20 minutes to Virginia and have him for some period of time and then drive him back, is that correct? A is, yes, witnesses? but it's issues, If that states what the description of visitation sir, I'm asking for visitation. MR. ANDES: That's all the questions I have. THE COURT: You may step down. Any further MR. WARSHAWSKY: We would only call Debra Hickman, rather incidental and I think we've covered all of the Your Honor. THE COURT: MR. ANDES: Any further witnesses? I'm prepared to call my client's mother who is going to disagree with what he said about what happens 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 at the visits. central issue. THE COURT: incidental issue. I don't think I need to hear it to do in this case. MR. ANDES: point. I have to say I don"t know that that's a I don't think it is either. It is an to know what I have some argument to offer at some and we THE COURT: We will close the record then, will let the moving party make oral argument. (Whereupon, argument was held off the record.) THE COURT: I will take it under advisement. Well presented, gentlemen. I think I know what I need to know. I will have an order down, if not today or tomorrow, certainly at the latest in the beginning of next week. The temporary order remains in effect until then. Court is adjourned. (Whereupon, the hearing was concluded at 12:10 p.m.) 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Pamela R. Sheaffer ! /~ Official Court Reporte~ The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Edgar B. Bayley, J. Ninth Judicial District 56 HUGO MUNOZ-BRETO, Plaintiff AMBER LEAHY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 0342~g- (j(~3~ : CIVIL ACTION - LAW Defendant : CUSTODY pF. TITION TO MOF)II~/' CIIfTOI~¥ AND NOW comes the Defendant, Amber Leahy, by and through her attorney, Jeann~ B. Costopoulos, Esquire, and makes the following Petition to Modify, Custody: 1. The Petitioner, Defendant above, Amber Leahy (hereinafter referred to as "Mother"), is an adult individual who currently resides at 806 Erford Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Respondent, Plaintiff above, Hugo Munoz-Breto (hereinafter referred to as "Father"), is an adult individual who currently resides at 8711 Cromwell Drive, Springfield, Virginia, 22151. 3. There is one dependent child from the relationship of the parties, namely Joseph Anthony DiBari, bom September 11, 2003 (hereinafter referred to as "the child"). 4. The parties have previously been involved in litigation concerning the child in this court at the above docket number. The most recent order dated March 25, 2004, was entered following a hearing on the merits and has been attached as Exhibit A. 5. Mother does not know of a person not a 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. Currently, the March 25, 2004 Order provides Father with partial custody of the child on alternating weekends from Saturday morning at 9:00 a.m. through Sunday at 6:00 p.m. Beginning September 11, 2004, Father's periods of partial custody are scheduled to increase to alternating Wednesdays l~hrough Sundays. The Wednesday through Sunday schedule is nol in the child's best interests for the following reasons: (a) Mother continues to breast feed the child and the child presemly suffers from separation anxiety from Mother under the alternating weekend schedule. An increase in the amount of overnights spent away from Mother will increase the child's anxiety and may result in irreparable psychological damage to the child. (b) Father works on weekdays and Mother is concerned about childcare arrangemems while Father is at work. While in Mother's custody, the child's maternal grandmother provides childcare when Mother is at work. The best imerests and permanem welfare of l~ae child will be served by modifying the March 25, 2004 Order of Court such that ]Father's custodial time is increased to every weekend from Friday through Sunday instead of alternating Wednesdays through Sundays. Such a schedule would result in more frequent contact between Father and child, would eliminate the need for the Father to provide daycare for the child, and would maximize time between Fa~her and child since Father is off work on weekends. 9. Mother also requests that the parties be ordered to attend co-parenting counseling at a location somewhere approximately halfway between their residences by a counselor to be selected by Agreement of counsel. Mother believes such counseling would increase the parties' ability to effectively communicate with each other regarding the upbringing of their child and to set in harmony with each other in furtherance of mutual goals in their child's best interests. WHEREFORE, Mother respectfully requests the court to modify its March 25, 2004 Order of Court such that beginning September 11, 2004 Father's custodial time is increased to every weekend from Friday through Sunday and that the parties' be ordered to attend co-parenting counseling. Respectfully submitted, je~~, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 PA Supreme Court ID No. 68735 Telephone: (71'7) 790-9546 ATTORNEY FOR DEFENDANT HUGO MUNOZ-BRETO, Plaintiff AMBER LEAHY, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 03-638 CIVIL ACTION .- LAW : CUSTODY I, Amber Leahy, Defendant in the above-captioned case, hereby swear and affirm that the facts contained in the foregoing Petition to Modify Custody are l]xte and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. HUGO MUNOZ-BRETO, Plaintiff AMBER LEAHY, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-638 : : CIVIL ACTION - LAW Defendant : CUSTODY {217.RTII~IC. AT17, Oi¢ 81~.RVICF~ I, Jeaxm~ 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 Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, at Mechanicsburg, pennsylvania, through first class certified mail, prepaid and addressed as follows: Brace J. Warshawsky, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 BY: ~eal~6 B. Costopouios, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 ATTORNEY FOR DEFENDANT EXHIBIT A HUGO MUNOZ-BRETO, PLAINTIFF V. AMBERLEAHY, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : 03-638 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of March, 2004, following a hearing on the merits, IT I$ ORDERED: (1) The temporary custody order entered on March 3, 2004, shall vacate as of March 29, 2004, and be replaced by this order. (2) The mother, Amber Leahy, and the father, Hugo Munoz~Breto, shall have shared legal custody of their son Joseph Anthony DiBari, born September 11,2003. (3) The mother shall have primary physical cusl:ody of Joseph. (4) The father shall have temporary physical custody of Joseph: (a) Commencing on the weekend of April 3 and 4, 2004, and alternate weekends thereafter, from Saturday morning at 9:00 a.m. through Sunday at 6:00 p.m. (b) When Joseph is one-year-old this schedule shall extend from alternate Wedr~esdays until Sundays at 6:00 p.m. The father shall have Joseph picked up at any time on such Wednesdays as he shall provide the mother with notice at least one week in ad'vance. (5) Joseph shall always be with his mother on December 24, 25 and 26, and he shall always be with his father on December 27th through 6:00 p.m. on January 1% The father shall have Joseph picked up at any time on December 27th the mother with notice at least one week in advance. (6) The father shall as he shall provide 3rovide for all transportation for these exchanges of custody. B~,~'~M.~¢~.,~: o u rt, . Edgar B. Bayley, J. Bruce J. Warshawsky, Esquire For Hugo Munzo-Breto Samuel L. Andes, Esquire For Amber Leahy :sal TRUE C'OP'Y FROM RECORD In Testimony whereof, I here unto set my hand ant ~he seal of said Cl~urt at. Carlisle, Pa, -- ....... 2,.&.. d' HUGO MUNOZ-BRETO, AMBER LEAHY, Plaintiff Defendant : IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6638 CIVIL ACTION- LAW CUSTODy TO: PROTHONOTARY PRAECIPE TO ENTER APPF~RANCE/CHANGE OFADDRESS AND LA W FIRM AFFILL4 TION OF COUNSEl, Bruce J.. Warshawsky, Esquire has changed his law firm affiliation and address and will continue to represent Hugo Munoz-Breto, the Plaintiff in the above captioned action. Dated: Please kindly enter the appearance of Bruce J. Warshawshy, Esquire and the Law Firm of Cunningham and Chernicoff, P.C., on behalf of Hugo Munoz-Breto, the Plaintiff in the above captioned action. CUNNINGHAM & CHERNICOFF, P. C Brueff J.. l~arshawslcy, Esq~' J- __x ~. uire~ ~ PA Supreme Court ID# 5y~9// CUNNINGItAM & CHLr-R~iCOFF, p. C. 2320 N. Second. St. Harrisburg, PA 17110 Mailing Address: P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-8187 Attorneys for Plaintiff, Hugo Munoz-Breto _P1L4ECIPE TO WITHDRAW~4PPEARANCE Kindly withdraw the appearance of Metzger, Wickersham, Knauss & Erb, P.C. on behalf of Hugo Munoz-Breto, in the above captioned action. ME TZGER, WICKERSH~M, KN/I USS & ERB, P.C. Steven p. Miner, Esquire P~4 Supreme Court ID# 38901 Metzger, ~Yickersham, Knauss & Erb, P.C 3211 N. Front. St. Harrisburg, P~4 17110 (717) 238-8187 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chemicoff, P.C., do hereby certify that a true and correct copy of the Praecipe to Withdraw Appearance/Enter Appearance in the above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: Jeann~ B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Steven p. Miner, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street Harrisburg, PA 17110 Date: V//~O //O~[' /Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 (717)238-6570 HUGO MUNOZ-BRETO PLAINTIFF AMBER LEAHY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6638 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 05, 2004 , upon consi[deration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betbre Melissa P. Gree~, the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, September 09, 2004 at 8:30 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. All children are five or older may also be 13resent at the conference. Failure to apvear at the conference may provide grounds for entry ora temporary or permanent order. The court hereby directs the parties to furnish any and ali existing Protection from Abuse orders, Sveeial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ~elis ~a ~Gree vy ,_ESCl,_ Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before tine 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 ./iT 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 HUGO MUNOZ-BRETO, Plaintiff AMBER LEAHY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-~g : : CIVIL ACTION - LAW : CUSTODY PR AECIPF, TO WITHOR AW PETITION TO MODIFY C[I,¢ITOI~¥ TO THE PROTHONOTARY: Please mark Defendant's Petition to Modify Custody filed on July 29, 2004, withdrawn and settled and please cancel the custody conference scheduled on September 30, 2004, at 8:30 a.m. before Melissa P. Greevy, Esquire, the conciliator. Dated: RESPECTFULLY SUBMITTED: 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY FOR DEFENDANT HUGO IVlUNOZ-BRETO, Plaimiff AMBER LEAHY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-638 : : CIVIL ACTION - LAW : CUSTODY CERTIFICATF~ OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing Praecipe upon the person, and in the manner, indicated below, which service satisfies the requiremems of the PA Rules of Civil Procedure by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Bruce J. Warshawsky, Esquire P.O. Box 60457 Harrisburg, PA 17106-0457 Melissa Peel Greew, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Dated: By: Mechanicsburg, PA 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY FOR DEFENDANT SEPt 7 004 HUGO MUNOZ-BRETO, Plaintiff V, AMBER LEAHY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-6638 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDIICTION, AND NOW, this 15th day of September, 2004, counsel for the Defendant/Petitioner having filed a Praecipe to Withdraw Petition to Modify Custody in this action on September 9, 2004, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE C~.'~ :235398