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HomeMy WebLinkAbout04-2586MICHELLE M. JACOME, Plaintiff, MARK FIGUEROA, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. ~ ~-~.S~d~ IN CUSTODY COMPLAINT IN CUSTODY AND NOW, this ~/~'~ day of ~ comes PlaintiffMichelle M. Jacome, by and through her attorney, Andrew C. Spears, Esquire, and the law firm ofMetzger, Wickersham, Knauss & Erb, P.C., and files the within Complaint of which the following is a statement: I. PlaintiffMichelle M. Jacome is an adult individual currently residing at 913 Susan Circle, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant Mark Figueroa is an adult individual currently residing at 713 Shaffer Avenue, Enola, Cumberland County, Pennsylvania, 17025. Minor Child: Name. Matthew Anthony Figueroa Plaintiff seeks primary physical custody and shared legal custody of the following Present Address 913 Susan Circle Enola, PA 17025 Date of Birth 06/29/1992 Child. Plaintiff and Defendant are the natural parents of the above-mentioned Minor The Minor Child was bom out of wedlock. with the following people: Name Michelle M. Jacome Mark Figueroa Michelle M. Jacome The Minor Child is presently in the custody of Plaintiff. For the past five years, the Minor Child has resided at the following addresses Address 1305 Balcome Avenue Bronx, NY 713 Shaffer Avenue Enola, PA 17025 913 Susan Circle Enola, PA 17025 Date From approximately 1999 until September 1, 2003 September 1, 2003 until May 8, 2004 May 8, 2004 to present The mother of the Minor Child is Plaintiff Michelle M. Jacome who currently resides at 913 Susan Cimle, Enola, PA, 17025. The father of the Minor Child is Defendant Mark Figueroa who currently resides at 713 Shaffer Avenue, Enola, PA 17025. 6. The relationship of Defendant to the Minor Child is that of natural father. The Defendant is believed to reside with the following persons: Name Self 7. Plaintiff currently resides with the following persons: Relationship The relationship of Plaintiffto the Minor Child is that of natural mother. The 305779-1 Name Relationship Matthew Anthony Figueroa Son Justin Jacome Son Alexa Ramirez Daughter 6. Plaintiffhas no information of any custody proceeding concerning the Minor Child pending in a court of law of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the Minor Child or claims to have custody or visitation with respect to the Minor Child. 7. The best interest and permanent welfare of the Minor Child will be served by granting the relief requested because: (a) Plaintiff, Michelle M. Jacome, is in a better position, both financially and emotionally, to provide stability and custody for the Minor Child; (b) Plaintiff, Michelle M. Jacome, has been the primary caretaker for the Minor Child since birth; (c) environment for the raising of the Minor Child; (d) Defendant, Mark Figueroa, is currently unfit and incapable of providing the proper home environment for the raising of the Minor Child; (e) Plaintiff Michelle M. Jacome, plans to relocate back to Bronx, NY, where the Minor Child has resided for the majority of his life with the exception of the past eight months and is filing a Petition to Relocate concurrently with this Complaint. Plaintiff, Michelle M. Jacome, is in a position to provide a stable, responsible 305779-I 8. Each parent whose parental rights to the Minor Child have not been terminated and the person who has physical custody of the Minor Child has been named as parties to this action. WHEREFORE, PlainfiffMichelle M. Jacome requests the Court to grant her primary physical custody and shared legal custody of the Minor Child. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 305779-1 VERIFICATION I, Michelle M. Jacome, verify that the statements made in the foregoing Complaint in 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 unsworn falsification to authorities. Dated: lg/lichgle M Jacome Q~ 305779-1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Complaint for Custody with reference to the foregoing action by first class mail, prepaid, this 4th day of June, 2004, on the following: Mark Figueroa 713 ShatTer Avenue Enola, PA 17025 Andrew C. Spears, Esquire 305779-I MICHELLE M. JACOME, Petitioner/Plaintiff, V. MARK FIGUEROA, Respondent/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKETNO. O~ -- O2 : IN CUSTODY PETITION FOR RELOCATION AND NOW, this ~ day of (~/~4t IL~ comes Petitioner Michelle M. Jacome, by and through her attorney, Andrew C. Spears, Esquire, and the law finn of Metzger, Wickersham, Knanss & Erb, P.C., and files the within Petition for Relocation, and in support thereof avers the following: 1. Petitioner is Michelle M. Jacome, Plaintiff in the above-captioned custody action, who currently resides at 913 Susan Circle, Enola, Cumberland County, Pennsylvania, 17025 (hereinafter "Mother"). 2. Respondent Mark Figueroa is, Defendant in the above-captioned custody action, who currently resides at 713 Shaffer Avenue, Enola, Cumberland County, Pennsylvania, 17025 (hereinafter "Father"). 3. Mother and Father have been separated since 1993. 4. Mother and Father are the parents of the following Minor Child: Matthew Anthony Figueroa, DOB: 6/29/92, who resides primarily with Mother at her Pennsylvania address. Prior to May 8, 2004, Mother resided at 1307 Balcome Avenue, Apartment 1, Bronx, NY, 10461. 5. The Minor Child resided with Mother in Bronx, NY, for his entire life until September 1, 2003. At that time Mother wanted to relocate to Pennsylvania so that the children (Minor Child Matthew Figueroa, brother Justin Jacome and sister Alexa Ramirez) could attend school in Pennsylvania and bought a house in Enola, Cumberland County, PA and allowed the boys to move in with Father on September 1, 2003 temporarily so that they could get into school at the beginning of the school year, as Mother's house would not be closing until approximately May of 2004. 6. On May 8, 2004 Mother moved into her current address in Pennsylvania but continued to keep her apartment in New York. Further, Mother is employed at Affinity Health Plan in Bronx, NY. Mother was planning to quit her job at Affinity and seek new employment in Pennsylvania. However, Affinity offered her a tremendous promotion to Senior Manager of Facilities and Administrative Services. 7. Mother believes, and therefore avers, that it is in the best interest of the Minor Child and herself that she and the Minor Child return to New York subject to an appropriate partial physical custody schedule for Father. 8. The advantages of the proposed move to New York are numerous. The move will benefit the Minor Child and Mother financially, socially and emotionally and will substantially improve the quality of life for Mother and the Minor Child. 305786-1 9. Mother's motivation for moving is solely to improve the quality of life for the Minor Child and herself. Mother is not motivate in any way by desire to frustrate the relationship between Father and the Minor Child. I 0. When Mother and the Minor Child resided in New York for approximately twelve years, Father had frequent and substantial contact with the Minor Child, and Mother would not be opposed to this continuing in the future. 11. Mother's proposed move is not simply the result of a monetary whim; rather, other has carefully considered the options available to her. The New York City area provides excellent opportunities to Mother to advance her career because Mother has been offered a better job, and there are appropriate schools for the Minor Child. These opportunities are not available where Mother and the Minor Child presently live. 12. Further, all of Mother's friends and family are in the Bronx, NY area. 13. Mother would like to relocate with the Minor Child by the end of the summer so that she can re-enroll him in his prior parochial school in Bronx, NY. 14. The Minor Child's needs are inextricably bound to the health and happiness of Mother. The Minor Child's welfare cannot be severed from that of Mother with whom he resides on a primary basis and upon whose well-being he primarily depends. WHEREFORE, Mother respectfully requests that this Honorable Court enter an Order awarding the following: (a) both parties shall be awarded shared legal custody; 305786-1 (b) Mother shall be awarded primary physical custody and shall be authorized to relocate with the Minor Child to the Bronx, NY area; and (c) Father shall be awarded an appropriate partial physical custody schedule. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: June 4, 2004 By Andrew~. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 305786~1 VERIFICATION I, Michelle M. Jacome, verify that the statements made in the foregoing Petition for Relocation are tree 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 unsworn falsification to authorities. Dated: 305786-1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm ofMetzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of thc Petition for Relocation with reference to the foregoing action by first class mail, prepaid, this 4th day of June, 2004, on the following: Mark Figueroa 713 Shaffer Avenue Enola, PA 17025 305786-1 MICHELLE M. JACOME PLAINTIFF V. MARK FIGUEROA DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN FY, PENNSYLVANI 04-2586 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 11, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunda~Esq. _, the conciliator, at39 West Main Street, Mechanicsburg, PA 17055 on _ Monday, July 12, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. A1 such conference, an cftbrt will bc made to resolve the issues in dispute; or if this cannot bc accomplished, to define and narrow thc issues to bc heard by thc court, and to enter into a temporary order. All children a~e five or older may also be present at thc conference. Failure to a!0pcar at thc conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday. Esq. Custody Conciliator rnhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MICHELLE M. SACOME PLAINTIFF MARK FIGUEROA DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2586 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 15, 2004 · upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beibre _Dawn S. Sunda , Es . , the conciliator, at 39 West Main Street, Mechaniesburg, PA 17055 onMonday, Jul~ 12, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an ' - - ~ effort vail be made to resolve~e issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court and' order All children are five or older may also be present ...... ' to enter into a temporary · ' - ~t me comerence. Failure to appear at the conference may provide grounds for entry ora temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn .q~ttnda3,' Esq. mnc Custody Conciliator -- · o ommonPleas of C.mh rlan Court ' . Am~c~s vath D~sabfl~tes Act of 1990 For 4-v ...... W. eqm~ed hy l~.to comply vath the - ...~o,.,auun aoout accessible facfl~es ~d reasonable accommodations available to disabled indi~duals having business before t]he co~, please contact o~ office· ~1 ~ngements must be made at least 72 hours phor to ~y hearing or business before ~e co~. You must attend the scheduled co~ce or hearing. YOU SHOED T~ ~S P~ER TO YO~ A~O~Ey AT ONCE. IF YOU DO NOT ~VE ~ A~O~EY OR C~NOT ~FO~ ONE, GO TO OR TELEPHONE ~E OFFICE SET FOR~ BELOW TO ~ O~ ~E~ YOU C~ GET LEG~ HELP. Cmberl~d Co~ty Bar Association 32 South Bedford S~eet C~lisle, Pennsylv~ia 17013 Telephone (717) 249-3166 MICHELLE M. JACOME Plaintiff VS. MARK FIGUEROA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL,MND COUNTY, PENNSYLVANIA 04-2586 CIVIL ACTION LAW IN CUSTODY 0 ORDER OF COURT AND NOW, this ~/'2~ day of , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is schecluled in Courtroom N~aber ~_~ of the Cumberland Count Courthouse on the ~ 7't da,, of~'~ ~i:~'~9 ........ Y J ,tr.,a~tt~'~uu,~, at winch time testimony will be taken. For purposes of the hearing, the Mother, Michelle M. Jacome, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated[ testimony of each witness. These memoranda, shall be filed at least 10 days prior to the hearing date 2 T~he~ ~ichel~le~M./~jac~m~e,~and~e Fat~her,~M;~]i?gut~ero~, shall~hhav(s/h, custody ~fMatthew Anthony Figu~roa, bom June 29, 1992. ~ed legal 3. Pending the hearing and further Order of Court, the parties shall have physical custody of the Child as follows: A. The Father shall have primary physical custody of the Child. B. The Mother shall have partial physical custody of the Cl~[ld from July 18 through August 15, 2004, with the specific times to be arranged by agreement between the parties. In addition, beginning over the Labor Day weekend (which sh~dl mn fi.om Friday through Monday) and continuing thereafter on alternating weekends, the Mother shall have custody of the Child fi.om Friday through Sunday with the times to be arranged by agreement. Unless otherwise agreed between the parties, the exchanges of custody shall take place in the Allentown area with the specific location to be ~~~x~ement. cc.' _~ew C. Spears, Esquire - Counsel for Mother .,d~anne B. Costopoulos, Esquire- Counsel for Father MICHELLE M. JACOME Plaintiff VS. MARK FIGUEROA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2586 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Matthew Anthony Figueroa June 29, 1992 Mother 2. A conciliation conference was held on July 12, 2004, with the following individuals in attendance: The Mother, Michelle M. Jacome, with her counsel, Andrew C. Spears, Esquire, and the Father, Mark Figueroa, with his counsel, Jeanne B. Costopoulos, Esquire. 3. The Mother filed Petitions for Custody and Relocation seeking primary physical custody of the Child and Court approval to relocate with the Child to New York. There is no custody order currently in effect. Prior to September 2003, the Mother resided in New York with the Child for approximately 11 years and the parties informally established an'angements for the Father to maintain frequent and ongoing contact with the Child. In 2003, the Mother decided to build a home and relocate with the Child (and the Mother's other two children) to Enola. Until the home was complete, the parties arranged for the Children to live with the Father and begin school in September 2003. There were delays in completion of the Mother's home and by the time the Mother moved to Enola in May 2004, the Mother's employer offered her a substantial promotion in New York. The Mother accepted the promotion and returned to New York, where she lives with her fianc6 and other children in early June. At the time of the conference, the Child had continued to reside with the Father in Enola. 4. As the Mother has already moved back to New York with her other children and the parties' Child remains in the Father's care, this matter is essentially a dispute over primary physical custody of the Child rather than a relocation case. The parties were nnable to resolve the issue of pr/mary physical custody of the Child at the conference and it will be necessary to schedule a hearing. 5. The Mother's position on custody is as follows: The Mother believes that it would be in the Child's best interest to live primarily with her in the Bronx, New York where the Child had resided prior to September 2003 when he began school in Enola. The Mother believes that the Child was doing better in school prior to his move to Pennsylvania. In addition, the Mother stated that her main reasons for returning to New York were the job promotion and the conflicts which arose between the parties while the Mother was living in Pennsylvania during the spring 2004. The Mother believes that the Child should reside with his brother, with whom he is close in age. The Mother stated that there are more rules and defined schedules in her household which would be beneficial for the Child. The Mother feels that the Child vacillates in his preference to live in Pennsylvania or New York. 6. The Father's position on custody is as follows: The Father believes it would be in the Child's best interest for the Child to continue to reside with him in Permsylvania. The Father stated that the Child has expressed a strong preference to continue residing with the Father in Pennsylvania where he enjoys school and has developed friendships. The Father believes that the Child is more comfortable with the routines of the Father's household and that the Child[ becomes stressed by the Mother's aggressive parenting style. The Father indicated that during the 2,003-2004 school year, the Father was concentrating, at the Mother's request, on his stepson's school performance which did show a marked improvement by the end of the school year. The Father indicated that he would do whatever was necessary to ensure that the Child's grades are maintained and improved by continuing to work closely with his teachers. The Father stated that he believes that these proceedings were initiated by the Mother because the Father took steps to terminate the prior support order under which he was the payor and obtain support from the Mother for the Child currently in his custody. 7. The conciliator submits an Order in the form as attached scheduling a hearing and incorporating recommended temporary arrangements for custody pending the hearing. It is expected that the hearing will require one-half to one full day. The parties agree to continue their discussions, through counsel, concerning the possibility of obtaining an assessment and recommendations by a counselor or psychologist concerning the needs of the Child with regard to the custody situation. Date cA Dawn S. Sunday, Esquiffe Custody Conciliator MICHELLE M. JACOME, Plaintiff VS. MARK FIGUEROA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2586 CIV1L : CIVIL ACTION - LAW : IN CUSTODY DEFENDANT'S MOTION FOR CON'TINUANCE AND NOW COMES the Defendant, Mark Figueroa, by and through his attorney, Jeann6 B. Costopoulos, Esquire, and files the following Motion for Continuance, respectfully representing as follows: 1. Following a custody conciliation conference before Dawn S. Sunday, Esquire, on July 12, 2004, an Order of Court was entered July 28, 2004. This Order and the Custody Conciliation Summary Report are attached as Exhibit A. 2. The July 28, 2004 Order scheduled a custody hearing on September 27, 2004, at 11:00 a.m. 3. Defendant is in the process of moving to a new residence, his girlfriend just had a baby, and he is just beginning a new job. As a result, it is difficult for him to prepare for and attend a full custody hearing at this time. 4. Undersigned counsel spoke to counsel for Plaintiff, Andrew Spears, Esquire, and was informed that Defendant does not oppose this request for continuance. WHEREFORE, Defendant respectfully requests this Honorable Court to continue the September 27, 2004 hearing until a later date. Date: By: Respectfully submitted, Je~um~ B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Pa. Supreme Ct. ID No. 68735 Telephone,,: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY FOR DEFENDANT MICHELLE M. JACOME, Plaintiff VS. MARK FIGUEROA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-2586 CIVIL : : CIVIL ACTION - LAW : IN CUSTODY ,CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Motion 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: Andrew C. Spears, Esquire P.O. Box 5300 Harrisburg, PA 17110-0300 BY: B. ¢~ostopouios, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Pa. Supreme Ct. ID No. 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY FOR DEFENDANT MICHELLE M. JACOME Plaintiff VS. MARK FIGUEROA Defendant ]N THE COURT OF COMMON PLEAS OF CUMBERL~,rD COUNTY, PENNSYLVANIA 04-2586 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT mD r ow this g-l . . 17 . , _o~ ,., uay oz ~ ~. / / ' ' - ~ -~ -- ~- , 2004, upon consmera~on of the a~ached Custody Conciliation Repo~, it is ordered ~d directed ~ follows: 1. A he~ng is scheduled in Co~oom Nmber ~ Co,house un the ~ 7~ day of~00~' of the Cmberl~d County t which time tes~ony will be t~en. For pu~oses of~e he~ng, ~e Mo~er, Michelle M. Jacome, shall be deemed to be ~e mo~g p~y ~d shall proceed initially Mth testimony. Co~sel for ~e pmies sh~l file ~th the Corn ~d opposing co~sel a m~or~dm se~ing fo~ each p y s posmon on custody, a list of Mmesses who ~e expected to testify at ~e he,rig, ~d a s~ of~e ~ticipated testimony of each wimess. ~ese memor~d~shall be filed at least 10 days prior to ~e hewn date 0 c g . 2. The Moaer, Michelle M. Jacome, ~d the Famer~,~g~sha~v~eg~, ~, custody of Ma~hew ~ony Fi~eroa, bom J~e 29, 1992. 3. Pending the he,rig ~d ~her Order of CouP, ~e pa~ies shall have physic~ custody of the Chld as follows: CC: A. The Father shall have primary physical custody of the Child. B. The Mother shall have partial physical custody of the Child fi.om July 18 ttn'ough August 15, 2004, with the specific times to be arranged by agreement between the parties. In addition, beginning over the Labor Day weekend (which shall nm from Friday through Monday) and continuing thereafter on alternating weekends, the Mother shall have custody of the Child fi.om Friday through Sunday with the times to be arranged by agreement. Unless otherwise agreed between the parties, the exchanges of custody shall take place in the Allentown area with the specific location to be~~ement. jeAnalmdrew CzSpears, Esquire- Counsel for Mother e B. costopoulos, Esnuire t- ...... ~ ~ ,-., ; ., -~ - ,~,,m,*~ Ior ratner C - 7 .: 4*'--=o,,,,ony wner~or, I here unto set rn ha and~t~e sea[of sa~ C~rt at Carlisle,Jaa~h ' MICHELLE M. JACOME Plaintiff VS. MARK FIGUEROA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2586 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: .NAME DATE OF BIRTH .CURRENTLY IN CUSTODY OF Matthew Anthony Figueroa June 29, 1992 Mother 2. A conciliation conference was held on July 12, 2004, with the following individuals in attendance: The Mother, Michelle M. Jacome, with her counsel, Andrew C. Spears, Esquire, and the Father, Mark Figueroa, with 15is counsel, Jeanne B. Costopoulos, Esquire. 3. The Mother filed Petitions for Custody and Relocation seeking primary physical custody of the Child and Court approval to relocate with the Child to New York. There is no custody order currently in effect. Prior to September 2003, the Mother resided in New York with the Child for approximately 11 years and the parties informally established arrangements for the Father to maintain frequent and ongoing contact with the Child. In 2003, the Mother decided to build a home and relocate with the Child (and the Mother's other two children) to Enola. Until the home was complete, the parties arranged for the Children to live with the Father and begin school in September 2003. There were delays in completion of the Mother's home and by the time the Mother moved to Enola in May 2004, the Mother's employer offered her a substantial promotion in New York. The Mother accepted the promotion and returned to New York, where she lives with her fianc6 and other children in early June. At the time of the conference, the Child had continued to reside with the Father in Enola. 4. As the Mother has already moved back to New York willh her other children and the parties' Child remains in the F ' · ather s care, th~s matter is essentially a dispute over primary physical custody of the Child rather than a relocation case. The parties were unable to resolve the issue of primary physical custody of the Child at the conference and it will be necessary to schedule a heating. 5. The Mother's position on custody is as follows: The Mother believes that it would be in the Child's best interest to live primarily with her in the Bronx, New York where the Child had resided prior to September 2003 when he began school in Enola. The Mother believes that the Child was doing better in school prior to his move to Pennsylvania. In addition, the Mother stated that her main reasons for returning to New York were the job promotion and the conflicts which arose between the parties while the Mother was living in Pennsylvania during the spring 2004. The Mother believes that the Child should reside with his brother, with whom he is close in age. The Mother stated that there are more roles and defined schedules in her household which would be beneficial for the Child. The Mother feels that the Child vacillates in his preference to live in Pennsylvania or New York. 6. The Father's position on custody is as follows: The Father believes it would be in the Child's best interest for the Child to continue to reside with him in Pennsylvania The Father stated that the Child has expressed a strong preference to continue residing With the Father in Pennsylvania where he enjoys school and has developed friendships. The Father believes that the Child is more comfortable with the routines of the Father's household and that the Child becomes stressed by the Mother's aggressive parenting style. The Fathe/indicated that during the 2003-2004 school year, the Father was concentrating, at the Mother's request, on his stepson's school perfi>rmance which did show a marked improvement by the end of the school year. The Father indicated that he would do whatever was necessary to ensure that the Child's grades are maintained and improved by continuing to work closely with his teachers. The Father stated that he believes that these proceedings were initiated by the Mother because the Father took steps to terminate the prior support order under which he was the payor and obtain support from the Mother for the Child currently in his custody. 7. The conciliator .submits an Order in the form as attached scheduling a heating and incorporating recommended temporary arrangements for custody pending the hearing. It is expected that the heating will require one-half to one full day. The parties agree to continue their discussions, through counsel, concerning the possibility of obtaining an assessment and recommendations by a counselor or psychologist concerning the needs of the Child with regard to the custody situation. Date~,.~ / r../( .2~q Dawn S. Sunday, Esquir~J Custody Conciliator (2) ~-~ MICHELLE M. JACOME, Plaimiff VS. MARK FIGUEROA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-2586 CIVIL : : CIVIL ACTION - LAW : 1N CUSTODY ORDER OF COURT AND NOW, this day of ~ _,2004, upon consideration of Defendant's Motion for Continuance, it is hereby ORDERED that said Motion is GRANTED. The hearing scheduled on September 27, 2004 at 11:00 a.m. is continued until the ay of ,2004, at. __~m.qh Courtroom No. 5 of the Cumberland County Courthouse. All remaining provisions of the July 28, 2004 remain in full force and effect until further order of court. MICHELLE M. JACOME, Plaintiff VS. MARK FIGUEROA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-2586 CIVIL : : CIVIL ACTION - LAW : IN CUSTODY DEFENDANT'S MOTION FOR CONTINUANCE AND NOW COMES the Defendant, Mark Figueroa, by and through his attorney, Jeann6 B. Costopoulos, Esquire, and files the following Motion for Continuance, respectfully representing as follows: 1. Following a custody conciliation conference before Dawn S. Sunday, Esquire, on July 12, 2004, an Order of Court was entered July 28, 2004. This Order and the Custody Conciliation Summary Report are attached as Exhibit A. 2. The July 28, 2004 Order scheduled a custody hearing on September 27, 2004, at 11:00 a.m. 3. Defendant is in the process of moving to a new residence, his girlfriend just had a baby, and he is just beginning a new jo'b. As a result, it is difficult for him to prepare for and attend a full custody hearing at this time. 4. Undersigned counsel spoke to counsel for Pl~fint'lff, Andrew Spears, Esquire, and was informed that Defendant does not oppose this request for continuance. WHEREFORE, Defendant respectfully requests this Honorable Court to continue the September 27, 2004 hearing until a later date. Date: By: Respectfully submitted, j~ ~ 6~B C'~'-O stopoulos, E~quire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Pa. Supreme Ct. ID No. 68735 Telephone: (717) 790-9546 Fax: (717)790-6019 ATTORNEY FOR DEFENDANT MICHELLE M. JACOME, Plaintiff VS. MARK FIGUEROA, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2586 CIVIL CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the tbregoing Motion 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: Andrew C. Spears, Esquire P.O. Box 5300 Harrisburg, PA 17110-0300 BY: 6 B. Costopoulos, Esquire 5000 Ritt~r Road, Suite 202 Mechanicsburg, PA 17055 Pa. Supreme Ct. ID No. 68735 Telephone: (717) 790-9546 Fax: (71711790-6019 ATTORNEY FOR DEFENDANT JUL 16 2004 MICHELLE M. JACOME Plaintiff VS, MARK FIGUEROA Defendant IN THE COLrRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2586 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~-~ day of ~.,/ , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A heating is sc,~uled in Courtroom Nprn_ber ~.~ of the Cumberland County Courthouse on the ~ 7 day of~004, at which time testimony will be taken. For purposes of the hearing, the Mother, Michelle M. Jacome, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda_shall be filed at least 10 days prior to the hearing date ~ custody of Matthew Anthony Figueroa, bom June 29, 1992. 3. Pending the heating and further Order of Court, the parties shall have physical custody of the Child as follows: A. The Father shall have primary physical custody of the Child. B. The Mother shall have partial physical custody of the Child from July 18 ttn:ough August 15, 2004, with the specific times to be arranged by agreement between the parties. In addition, beginning over the Labor Day weekend (which shall nm from Friday through Monday) and continuing thereafter on alternating weekends, the Mother shall have custody of the Child from Friday through Sunday with the times to be arranged by agreement. Unless otherwise agreed between the parties, the exchanges of custody shall take place in the Allentown area with the specific location to be s~e~ff~'~v~ement. cc: Andrew C. Spears, Esquire- Counsel for Mother ~ ~ ~- ~:"'/~ ;;:t'RUE FROM RECO · '~ ¢, JB. testimony wherfof, I hr,-e unto set my~ hand Jeanne B. Costopoulos, Esquire - Counsel for Father ' ' ' ~ a,.n~/~e sea[of sai/d Cc~urt at Carlisle..Pa.-[ ' MICHELLE M. JACOME Plaintiff VS. MARK FIGUEROA Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA 04-2586 CINIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submiits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OFBIRTH CURRENTLY IN CUSTODY OF Matthew Anthony Figueroa June 29, 1992 Mother 2. A conciliation conference was held on July 12, 2004, with the following individuals in attendance: The Mother, Michelle M. Jacorne, with her counsel, Andrew C. Spears, Esquire, and the Father, Mark Figueroa, with Fils counsel, Jeanne B. Costopoulos, Esquire. 3. The Mother filed Petitions for Custody and Relocation seeking primary physical custody of the Child and Court approval to relocate with the Child to New York. There is no custody order currently in effect. Prior to September 2003, the Mother resided iin New York with the Child for approximately 11 years and the parties informally established arrangements for the Father to maintain frequent and ongoing contact with the Child. In 2003, the Mother decided to build a home and relocate ~vith the Child (and the Mother's other two children) to Enola. Until the home was complete, the parties arranged for the Children to live with the Father and begin school in September 2003. There were delays in completion of the Mother's home and by the time the Mother moved to Enola in May 2004, the Mother's employer offered her a substantial promotion in New York. The Mother accepted the promotion and returned to New York, where she lives with her fianc6 and other children in early June. At the time of the conference, the Child had continued to reside with the Father in Enola. 4. As the Mother has already moved back to New York with her other children and the parties' Child remains in the Father's care, this matter is essentially a dispute over primary physical custody of the Child rather than a relocation case. The parties were unable to resolve the issue of primary physical custody of the Child at the conference and it will be necessary to schedule a hearing. 5. The Mother's position on custody is as follows: The Mother believes that it would be in the Child's best interest to live primarily with her in the Bronx, New 'York where the Child had resided prior to September 2003 when he began school in Enola. The Mother believes that the Child was doing better in school prior to his move to Pennsylvania. In addition, the Mother stated that her main reasons for returning to New York were the job promotion and the conflicts which arose between the parties while the Mother was living in Pennsylvania during the spring 2004. The Mother believes that the Child should reside with his brother, with whom he is close in age. The Mother stated that there are more roles and defined schedules in her household which would be beneficial for the Child. The Mother feels that the Child vacillates in his preference to live in Pennsylvania or New York. 6. The Father's position on custody is as follows: The Father believes it would be in the Child's best interest for the Child to continue to reside with him in Pennsylvania. The Father stated that the Child has expressed a strong preference to continue residing with the Father in Pennsylvania where he enjoys school and has developed friendships. The Father believes that the Child is more comfortable with the routines of the Father's household and that the Child becomes stressed by the Mother's aggressive parenting style. The Father indicated that during the 2003-2004 school year, the Father was concentrating, at the Mother's request, on his stepson's school performance which did show a marked improvement by the end of the school year. The Father indicated that he would do whatever was necessary to ensure that the Child's grades are maintained and improved by continuing to work closely with his teachers. The Father stated that he believes that these proceedings were initiated by the Mother because the Father took steps to terminate the prior support order under which he ~vas the payor and obtain support from the Mother for the Child currently in his custody. 7. The conciliator .submits an Order in the form as attached scheduling a hearing and incorporating recommended temporary arrangements for custody pending the heating. It is expected that the heating will require one-half to one full day. The parties agree to continue their discussions, through counsel, concerning the possibility of obtaining an assessment and recommendations by a counselor or psychologist concerning the needs of the Child with regard to the custody situation. Date~'~ /cfr 0-oocr/ Dawn S. Sunday, EsquJr~ Custody Conciliator MICHELLE M. JACOME, : Plaintiff : MARK FIGUEROA, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2586 CiVIL IN CUSTODY PLAINTIFF'S MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff, Michelle M. Jacome, by and through her attomey, Andrew C. Spears, Esquire, of Metzger, Wickersham, Knanss & Erb, P.C., and files the following Motion for Continuance, respectfully representing as follows: 1. Following a custody conciliation conference before Dawn S. Sunday, Esquire, on July 12, 2004, an Order of Court was entered July 28, 2004. 2. On September 27, 2004, after a Motion for Continuance by Defendant, this Honorable Court re-scheduled the custody heating for November 4, 2004. 3. Plaintiff's counsel has a scheduling conflict. In addition, Plaintiff's counsel will no longer be handling custody cases and the matter will be transferred to new counsel who will enter their appearance. 4. Undersigned counsel spoke to counsel for Defendant, Jeanne B. Costopoulos, Esquire, and was informed that Defendant does not oppose this request for continuance. 314256-1 WHEREFORE, Plaintiff respectfully requests this Honorable Court to continue the November 5, 2004, hearing until a later date. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238~8187 Attorneys for Plaintiff 314256-1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of the Plaintiff's Motion for Continuance with reference to the foregoing action by first class mail, prepaid, this ~'J~ day of October, 2004, on the following: Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Andrew C. Spears, Esquire 314256-1 MICHELLE M. JACOME, Vo MARK FIGUEROA, Plaintiff · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2586 CIVIL IN CUSTODY ANDNOW,~s / ORDER · g--~t" day of ~~d~~_, 2004, upon consideration of Plaintiff's Motion for Continuance, it is hereby ORDERED that said Motion is GRANTED. The hearing scheduled on November 4, 2004, at 8:30 a.m., is continued until 'the ~ ~ ~day of ~ 2004, at ~'"}~ ~' ,~in Courtroom No. 5 of the Cumberland County Courthouse. All remaining provisions of the July 28, 2004, Order remain in full force and effect until further order of court. 314256-1 F:~FILES\DATAFILE\GeneraI\Current\ 11371.7 praecipe Created: 9/20/04 0 06PM Revised: 11/4/04 3 13PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MICHELLE M. JACOME, Plaintiff V. MARK FIGUEROA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2586 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please withdrawal the appearance of Metzger Wickersham Knauss & Erb on behalf of Plaintiff in the above matter. METZGER WICKERSHAM KNAUSS & ERB By: ~ Andrew C. Spears, Esquire I.D. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 (717) 238-8187 Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Plaintiff in the above matter. Date: November 5, 2004 MART,~ON DEARDORFF WILLIAMS & OTTO BYjlnnJ(~uire/' I.D. No. 87445 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November]~ ,2004 MICHELLE M. JACOME, Plaintiff MARK FIGUEROA, De fendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2586 CIVIL TERM CUSTODY ORDER OF COURT AND NOW, this 17th day of December, 2004, after hearing, we enter the following Order: 1. The parties shall have joint legal custody of their son, Matthew Anthony Figueroa, born June 29, 1992. 2. Mother shall have primary physical custody of the child subject to periods of partial physical custody in the Father every other weekend from Friday at 6:00 p.m. until Sunday at 5:00 p.m. This Order shall take effect on December 25th, 2004, at 8:00 p.m. Father shall have primary physical custody of the child every summer from the day after school lets out until one week before school begins. Mother shall be entitled to partial physical custody every other weekend from Friday at 6:00 p.m. until Sunday at 5:00 p.m. 3. Holidays shall be as agreed between the parties. If they are unable to agree, each party shall present their proposed schedule to the Court and we will decide. 4. Christmas vacation shall be as follows: Father shall have partial physical custody of the child every Christmas day from 5:00 p.m. until New Year's Day at 5:00 p.m. commencing Christmas day 2005. Custody exchanges shall take place at an agreed- upon place in Allentown, Pennsylvania unless otherwise agreed to by the parties. 5. The parties shall e-mail each other on a daily basis to discuss their child. Copies of the e-mails shall be retained and presented as an exhibit in any future proceedings. By the Edward E. Guido, J. ~ennifer L. Spears, Esquire e Plaintiff B. Costopoulos, Esquire For the Defendant srs