The URL can be used to link to this page

Home My WebLink About04-2278IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Family Division Vanessa Feliciano, Plaintiff VS. Frances M. Rosario and Steven Montresor, Defendants Case No. ~0 q- .Z ~. '? ~' CIVIL ACTION - LAW CHILD CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Vanessa Feliciano, who currently resides in the County of York, Commonwealth of Pennsylvania, at 288 Union Street, in York, Pennsylvania 17404. 2. The Defendants are Frances M. Rosario and Steven Montresor, who currently reside together in Cumberland County, Commonwealth of Pennsylvania, at 400 East Main Street, 2'~ Floor, in Mechanicsburg, Pennsylvania 17055. 3. Plaintiff seeks shared legal and minority physical custody of the following child: Name Present Residence Date of Birth Age Angelica De Jesus 400 East Main Street 05-30-94 9½ years Mechanicsburg PA 17055 4. The child was born out of wedlock. 5. The child is presently in the custody of her maternal aunt., Frances M. Rosario, and her paramour, Steven Montresor, whose current residence is 400 East Main Street, 2"~ Floor, in Mechanicsburg, Pennsylvania 17055. 6. Since October, 1996, the child has resided with the following persons and at the following addresses: List All Persons Francis M. Rosario Steven Montresor List All Addresses 400 East Main Street, 2nd Floor Mechanicsburg PA 17055 Dates of Residence 10-96 to present 7. The mother of the child is Vanessa Feliciano, currently residing in York County at 288 Union Street in York, Pennsylvania 17404. 8. She is single. 9. The father of the child is Angel Luis De Jesus, who is deceased since July 6, 2000. 10. He was single. 11 .The relationship of the plaintiff to the child is that of mother. The plaintiff currently resides with the following persons at 288 Union Street in York, Pennsylvania 17404: Name Jose A. Castro Agustina Feliciano E. Ivette Castro Relationship Paramour Daughter Stepdaughter 12. The relation?hip of the defendants to the child is that of maternal aunt and her paramour. The defendants currently reside only with each other and with the child at 400 East Main Street, 2na Floor, in Mechanicsburg, Pennsylvania 17055. 13. Plaintiff has not participated as a party or witness, or in any other capacity, in any other litigation directly concerning the custody of this child in this or any other court, except for dependency proceedings in Adams County, docketed at JC-226-96, by which custody of the child was taken by Children and Youth Services in 1996 and transferred to defendants. This case has since been closed. -2- 14. Plaintiff has no information of any other custody proceeding conceming this child which is or may be pending in any court of this Commonwealth. 15. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. The best interest and permanent welfare of the child will be served by granting shared legal and minority physical custody rights to plaintiff mother because she loves her daughter and has consistently attempted to maintain normal and regular contact with her, but which contact is always at the whim and convenience of her sister, the maternal aunt, and her paramour, both of whom seek to restrict, reduce and eventually eliminate such contact. 17. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE,'Plaintiff respectfully requests this honorable Court to grant her shared legal and minority physical custody of the child. Respectfully submitted, -3- Stanley Silver?Esquire Attorney for Plaintiff Attorney I.D. No. 70329 2228 Bemays Drive York Pennsylvania 17404-1364 Telephone/Fax: (717) 764-1111 VERIFICATION I verify that the statements made in this Complaint are true and correct. I fully understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Vanessa Feliciano, Plaintiff/Mother -4- VAN]ESSA FELICIANO PLAINTIFF V. FRANCES M. ROSARIO AND STEVEN MONTRESOR DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-2278 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 27, 2004 ~ upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before l]~awn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechaniesburg, PA 17055 on Tuesday, June 22, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if th/s cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliatur ~ne Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17012; Telephone (717) 249-3166 ~;0 .'g ';,, VANESSA FELICIANO, PLA/NTII~F V. FRANCES M. ROSARIO AND STEVEN MONTRESOR, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBER]LAND COUNTY, PENNSYLVANIA NO. 04-2278 CIVIL CiVIL ACTION - CUSTODY TO: Ms. Vanessa Feliciano c/o Stanley Silver, Esquire, Attorney for Plaintiff 2228 Bernays Drive York, PA 17404-1364 NOTICE TO PLEAD You are hereby notified to plead to the within Preliminary Objections of Defendants to PlaintifFs Complaint in Custody within twenty (20) days of service or a default judgment may be entered against you. Date: ~ /~ t9¢ Respectfully submitted, SMIGEL, ANDERSON & SACKS Stuart S. Sacks, Esquire I.D. #: 18059 Ann V. Levin, Esquire I.D. #: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendants VANESSA FELICIANO, : PLAINTIFF : .' V. .. FRANCES M. ROSARIO AND STEVEN MONTRESOR, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2278 CIVIL CIVIL ACTION - CUSTODY .ORDER AND NOW, this day of ,2004, upon consideration of the Preliminary Objections of Defendants to Plaintiff's Complaint in Custody, it is hereby ORDERED and DECREED that said Preliminary Objections are hereby granted and Plaintiff's Complaint in Custody is dismissed. BY THE COURT: VANESSA FELICIANO, PLAINTIFF V. FRANCES M. ROSARIO AND STEVEN MONTRESOR, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2278 CIVIL CIVIL ACTION - CUSTODY PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIYF'S COMPLAINT FOR CUSTODY AND NOW, come Defendants, Frances M. Rosario and Steven Montresor, by and through their counsel, Smigcl, Anderson & Sacks, and preliminarily object to Plaintiff's Complaint for Custody as follows: 1. Defendants in the above referenced cause, Frances M. Rosario and Steven Montresor, arc adult individuals residing at 400 East Main Street, 2"d Floor, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Plaintiff, Vanessa Feliciano, is an adult individual :residing at 288 Union Street, York, York County, Pennsylvania 17404. 3. On May 20, 2004, Plaintiff Vanessa Feliciano filed a Custody Complaint against Defendants, Frances M. Rosario and Steven Montresor. I. Motion to Dismiss Pursuant to Pa. R.C.P. 1028{a)(1) 4. Pursuant to Pa. R.C.P. 1930.4(a)(2)(i), a party may be served "by handing a copy at a residence of the defendant to an adult member of the family with whom the defendant resides; but if no adult member of the family is found then to an adult person in charge of such residence...." 5. Neither of the Defendants were handed a copy of the Complaint. 6. The Complaint was found by Defendant, Frances M. Rosm:io, on June 03, 2004, in the doorway of Defendants' residence located at 400 East Main Street, 27d Floor, Mechanicsburg, Cumberland County, Pennsylvania 17055. 7. Service of original process was improper. 8. Therefore, pursuant to Pa. R.C.P. 1028(a)(1), this Honorable Court is empowered to dismiss the Plaintiff's Custody Complaint for improper service of the complaint. I.I. Motion to Dismiss Pursuant to Pa. R.C.P. 1028(a)(6) 9. Dependency proceedings involving the minor child were initiated by Adams County Children & Youth Services in 1996. 10. The dependency proceedings, which were initiated in Adams County in 1996, have resulted in Orders of the Adams County Court which still has jm'isdiction over pending proceedings with the Adams County Children & Youth Services and which has not relinquished jurisdiction or supervision of the Order of the Adams County Court. 11. Pursuant to Pa. R.C.P. 1028(a)(6), this Honorable Court is empowered to dismiss the Plaintiff's Complaint in Custody due to the pendency of a prior action. WHEREFORE, Defendants Frances M. Rosario and Steven Montresor respectfully request that this Honorable Court dismiss Plaintiffs Complaint in Custody. Date: Respectfully submitted, SMIGEL, ANDERSON & SACKS By: ~ ~' ' Stuart S. Sacks, Esquire I.D. #: 18059~ Ann V. Levin, Esquire I.D. #: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-.2401 Attorneys for Defendants VANESSA FELICIANO, : PLAINTIFF : V. FRANCES M. ROSARIO AND STEVEN : MONTRESOR, : DEFENDANT : IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2278 CIVIL C1VIL ACTION - CUSTODY ~ERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, attorney for Defendant hi the above-captioned matter, do hereby certify that I served a true and correct copy of Preliminary Objections of Defendants to Plaintiff's Complaint for Custody on counsel for Plaintiff by depositing same in the U.S. Mail, first class, postage prepaid, on the [~ 1~ day of June, 2004 addressed as follows: STANLEY SILVER, ESQUIRE 2228 BERNAYS DRIVE YORK, PA 17404-1364 SMIGEL, ANDERSON & SACKS Stuart ~. Sacks, Esquire I.D. #: 18059 Ann V. Levin, Esquire I.D. #: 70259 4431 North Front Street Harrisburg,, PA 17110 (717) 234-2401 Attorneys fbr Defendants VANESSA FELICIANO Plaintiff VS. FRANCES M. ROSARIO AND STEVEN MONTRESOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL/LND COUNTY, PENNSYLVANIA : 04~2278 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 28th day of ~, the, conciliator, being advised by plaintiff's counsel that the Preliminary Objections are being withdrawn by defendant father and plaintiff mother does not intend to proceed with her Complaint in Custody, hereby relinquishes the jur/sdiction. FOR THE COURT, Custody Conciliator ///December 17, 2004 11: l 6 AM VANESSA FELICIANO, PLAINTIFF Vo FRANCES M. ROSARIO AND STEVEN MONTRESOR, DEFE?,qDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2278 CIVIL CIVIL ACTION - CUSTODY PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discominue the above-referenced custody action ancl mark the docket "Discontinued." Stanley Silver, ~quire I.D. #: 7e~.? :~:' 2228 Bemays [)rive York, PA 1740.4-1364 Attorney for Plaintiff