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HomeMy WebLinkAbout01-0907VICTOR CRUZ, Plaintiff MEL]NDA A. WHITZEL, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · No. 0/' qo : CIVIL ACTION - AT LAW : CUSTODY COMPI,AINT IN AND ]NOW, the Plalnti~, Victor Cruz, by and through his attorney, Jeann6 B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The PlaintS, Victor Cruz is an adult individual who currently resides at 777 Heck Hill Road, Lewisben'y, York County, Pennsylvania, 17339. 2. The Defendant, Melinda A~ Whitzel, is an adult individual who currently resides at 53 Victor Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. There is one dependant child fi.om this marriage, namely Tiffany M Whitzel, DOB: 1/18/92. 4. The Plaintiffseeks visitation of the following child: Name Pre~ent R e~ides~e~. Tiffany M. Whitzel 53 Victor Drive Mechanicsburg, PA 17055 The child was born out of wedlock. 6. The child, Tiffany M. Whitzel, is presently .in the custody of her mother who resides at 53 Victor Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 7. During the past five years, the child resided with the following persons and at the following addresses: N/amc Addre~ Dam~ Melinda A. Whitzel, 53 Victor Drive 1996 - Presem her fianc6 (name unknown) Mechanicsburg, PA 17055 and their three children (names and ages unknown) 8. The mother of the child is Melinda A. Whitzel, Defendant, currently residing at 53 Victor Drive, Mechaniesburg, Cumberland County, Pennsylvania, 17055. 9. The father of the.child is Victor Cruz, Plaintiff; currently residing at 777 Heck Hill Road, Lewisberry, York County, Pennsylvania, 17339. 10. Plaint[ffis not married to Defendant. 11. The relationship of the Plaintiffto the child is that of natural father. 12. The relationship of the Defendant to the child is that of natural mother. To Plaintiffs knowledge, Defendant currently resides with Tiffany M. Whitzel (daughter) and Plaintiff's fianc6 and their three children {names unknown). However, it is not known if Defendant is,residing with anyone else. 13. Plahatiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 14. Plaintiff 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. 15. The best interests and permanent ~velfare of the child will be served by granting the relief Plaintiffis the natural father oftbe child. Plaintiff has tried to establish a relationship with the child, but Defendant has refused to allow visitation or meaningful contact with the child beyond the occasional telephone call. (c) Plaintiff desires to exercise parental duties and to enjoy the love and affection oftbe child. (d) The child should be permitted to enjoy the love, affection, and .emotional support which can be provided by her natural father. (e) The child would benefit fi.om knowing and having regular contact established with her natural father. 16. Each parent whose parentalfights to the.child have not been t~mfinated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a fight .to custody or visitation ofthe child to be given notice oftbe pendency of this action and the right to intervene. requested because: (a) (b) WHEREFORE, Plaintiff respectfully .requests that he be granted temporary physical custody (visitation) of his child. Date: Respectflflly submitted, J~os, Esquire ATTORNEY FOR PLAINTIFF 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 68735 VICTOR CRUZ, Plaintiff MEL1NDA A. WHITZEL, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - AT LAW CUSTODY VE, RII~ICA T~Oh[ I, Victor Cruz, hereby verify that the statements made in the foregoing Custody Complaint are true and correct. 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: ~-Oc/ -D } Signature: Victor Cruz VICTOR CRUZ PLAINTIFF V. MELINDA A. WHITZEL DEFENDANT Ex/THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-907 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, this 19th day of February , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. _, the conciliat at 39 West Main Street, Meehaniesburg, PA 17055 on the 1st day of March ,2001, at 1:00 p.m. 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. FORTHECOURT, By: /s/ Dawn S. Sunday, Custody Conciliatoe The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VICTOR CRUZ, Plaintiff VS. MELINDA A. WHITZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-907 CIVIL ACTION LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the Family Law Clinic on behalf of the Defendant, Melinda A. Whitzel, in the above captioned matter. March 1, 2001 Certified Legal Intern Teri L. Henning Robert E. Rains Thomas M. Place Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VICTOR CRUZ, Plaintiff VS. MELINDA A. WHITZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-907 CIVIL ACTION LAW IN CUSTODY CERTIFICATE OF SERVICE I, Matthew J. Goodrich, hereby certify that I am serving a true and correct copy of a Praecipe to Enter Appearance for defendant, Melinda A. Whitzel, on the following person, counsel for plaintiff, by depositing a copy of the same in the United States mail, postage prepaid, this 1~t Day of March, 2001: Jeanne B. Costopoulos, Esquire Costopoulos & Welch 1400 North Second Street Harrisburg, PA 17102 Matthew J. Go%ddch Certified Imem for Defendant THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VICTOR CRUZ, Plaintiff vs. MELINDA A. WHITZEL~ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-907 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ~ NOW, this ~'~- day of ~-~'/ , 2001, upon consideratic~ of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Melinda A. Whitzel, shall have primary p~ysical custody and legal custody of Tiffany M. Whitzel, born January 18, 1992. 2. The Father, Victor Cruz, shall have p~riods of visitation with the Child, which shall be supervised by the Mother, on Sunday, April 1, 2001, from 2:00 p.m. until 3:00 p.m., Saturday, April 14, 2001, from 2:00 p.m. until 3:00 p.m. and Sunday, April 29, 2001, from 2:00 p.m. until 3:00 p.m. Unless otherwise agreed between the parties, these periods of custody shall take place at the McDonalds restaurant (beside KMart) o~ the Carlisle Pike in Mechanicsburg, PA. The parties shall be flexible in adjusting the length of these initial periods of custody as necessary to serve the best interests of the Child as she begins to develop a relationship with the Father. 3. Beginning in May 2001 and continuing thereafter, the parties shall establish a gradually expanding custody schedule for the Father with the specific arrangements to be determined by the Child's level of adjustment to the developing relationship with her Father. The parties acknowledge that it is their goal to gradually increase the Father's periods of custody (as appropriate to the Child's readiness) eventually to overnight periods of unsupervised partial custody. 4. In the event the Father is unable to exercise a scheduled period of custody, the Father shall notify the Mother at least 2 hours in advance by telephone. In the event the Father fails to exercise his period of visitation without prior notice to the Mother, the Father's visitation shall be suspended until such time as he contacts the Mother in advance to reschedule. If the Father fails for a period of one month to exercise his visitation rights, the custody schedule shall be suspended pending further Order of Court or agreement of the parties. 5. In the event the parties are unable to establish an ongoing custody schedule beginning in May 2001, by agreement, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: BY THE COURT, Matthew Goodrich and Robert Rains, Esquire - counsel for Mother Jeanne B. Costopoulos, Esquire - Counsel for Father Jo VICTOR CRUZ, Plaintiff VS. MELINDA A. WHITZEL, Defendant : IN THE OOURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-907 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY /N AfX~ W-l~%q Ct~ CfHA%]TY RULE O~ Ci~ P~O~ 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: Tiffany M. Whitzel January 18, 1992 Mother 2. A Conciliation Conference was held on March 27, 2001, with the following individuals in attendance: The Father, Victor Cruz, and the Mother, Melinda A. Whitzel, with her counsel, Matthew Goodrich and Robert Rains, Esquire. The Father's counsel, Jeanne B. Costopoulos, Esquire, participated in the Conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. Dawn S. Sunday, Esquire Custody Conciliator VICTOR CRUZ, Plaintiff vs. MELINDA A. WHITZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-907~ CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ~ NOW, this ~'~ day of ~%A~9 , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 3, 2001 is vacated and replaced with this Order. 2. The Mother, Melinda A. Whitzel, shall have primary physical custody and legal custody of Tiffany M. Whitzel, born January l8, 1992. 3. The Father shall have gradually expanding periods of custody with Tiffany in accordance with the following schedule: The Father shall have custody of the Child on Wednesday, June 20, 2001 frc~ 5:00 p.m. until 7:00 p.m. at the Trindle Bowling Alley in Mechanicsburg. The Mother shall transport the Child to and frcm the bowling alley but shall not be present in the bowling alley during the Father's period of custody. The Father shall have custody of the Child om Sunday, July 1, 2001, Sunday, July 15, 2001 and Sunday, July 29, 2001 from 10:00 a.m. until 6:00 p.m. The Father shall pick up the Child from the Mother's residence at the beginning of the period of custody and shall return custody of the Child to the Mother's residence. The Father shall have custody of the Ch/Id from 10:00 a.m. until 6:00 p.m. on Saturday, August 11, Sunday, August 12, Saturday, August 25, Sunday, August 26, Saturday, September 8, and Sunday, September 9. The Father shall provide all transportation for exchanges of custody under this provision. In the event the Mother schedules a family vacation during one of the Father's weekend periods of custody, the parties shall schedule a makeup period of custody either during the weekend immediately preceding or fo/lowing the missed custody period. The parties acknowledge that it is their goal to gradually increase the Father's per/ods of custody to overnight weekend periods of custody, beginning with Saturday overnights which may then be expanded to Friday through Sunday periods. Pending further Order of Court or agreement of the parties to begin the overnight weekend periods of custody, the Father shall continue to have custody ~n both Saturdays and Sundays fro~ 10:00 a.m. until 6:00 p.m. on alternating weekends as provided in this provision. 4. The noncustodial parent shall have liberal telephone contact with the Child. 5. The parties shall attend a Custody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on Tuesday, September 11, 2001, at 8:30 a.m. The purpose of the Conference shall be to discuss the advisability of expanding custody arrangements to include overnights and to establish a custody schedule for holidays in the event the parties have not bean able to reach an agreement. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a O~_stedy Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: BY THE CC(JRT / \ Jeanne B. Costopoulos, Esquire - Counsel for Father Teri L. Henning, Esquire and Jennifer Garrison - Counsel for Mother VICTOR CRUZ, Plaintiff vs. MELINDA A. WHITZEL, Defendant IN THE COURT OF C~MMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-9073 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRIOR JUD~: Kevin A. Bes~ IN ACGGRD92~CE W/TM C[~w~%ND ~ RiFlE OF CIVIL 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent informatic~ concerning the Child who is the subject of this litigation is as follows: Tiffany M. Whitzel January 18, 1992 Mother 2. A Conciliation Conference was held on June ?, 2001, with the following individuals in attendance: The Father, Victor Cruz, with his counsel, Jeanne B. Ccstopoulos, Esquire, and the Mother, Melinda A. Whitzel, with her counsel, Teri L. Henning, Esquire and Jennifer Garrison. 3. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator VICTOR CRUZ, Plaintiff VS. MELINDA A. WHITZEL, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-907~ CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess 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 Tiffany M. Whitzel January. 18, 1992 Mother 2. A Conciliation Conference was held on September 11, 2001, with the following individuals in attendance: The Father, Victor Cruz, with his counsel, Jearme B. Costopoulos, Esquire, and the Mother, Melinda A. Whitzel with her counsel, Matthew J. Goodrich and Robert Rains, Esquire. 3. It was agreed at the Conference that entry of an additional Custody Order at this time is not necessary. However, the Father agreed to contact the Child's psychiatrist, Dr. Mary Bartas White, in an effort to obtain information and assistance with regard to Tiffany. It was also agreed that an additional Custody Conciliation Conference would be held on Wednesday, November 7,2001 at 11:00 a.m. in the Conciliator's office. Date Cc: Jeanne B. Costopoulos, Esquire Matthew J. Goodrich and Robert Rains, Esquire Custody Conciliator VICTOR CRUZ, Plaintiff VS. MEL1NDA A. WHITZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-907~ CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /~ day of ~i/-~t~.x./~c~ , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ~/ , of the Cumberland County Court House, onthe o~o~( dayof .'~.f~.~t~r~t_ ,200~ ,at /','~(D o'clock, ~._.m., at which time testimony will be taken. For~urposes of this Heating, the Father, Victor Cruz, '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 ten (10) days prior to the Heating date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated June 21, 2001, shall continue in effect. BY THE COURT, Hess, cc: Jeanne B. Costopoulos, Esquire - Counsel for Father / Matthew J. Goodrich and Robert Rains, Esquire - Counsel for Mother VICTOR CRUZ, Plaintiff VS. MELINDA A. WHITZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-9073 CIVIL ACTION LAW IN CUSTODY PRIOR JUDGE: Kevin A. Hess 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 Tiffiany M. Whitzel January 18, 1992 Mother 2. A Conciliation Conference was held on November 7, 2001, with the following individuals in attendance: The Father, Victor Cruz, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Melinda A. Rodriquez (fom~erly Whitzel), with her counsel, Matthew J. Goodrich and Robert Rains, Esquire. 3. This Court previously entered an Order in this matter on June 21, 2001, under which the Mother had primary physical and legal custody and the Father had gradually increasing periods of partial custody up to alternating weekends on both Saturday and Sunday from 10:00 a.m. until 6:00 p.m. A subsequent Conference was held on September 11, 2001 to discuss expansion of the Father's periods of custody. However, at that time, the Father was having behavioral problems with the Child during periods of custody and it was agreed that the Father would contact the Child's psychiatrist in order to obtain assistance with respect to the Child's special needs (ADHD) and adjustment to the custody schedule. At the Conference which is the subject of this Report, the Father reported that the Child's behavior had significantly improved and therefore he had felt it was not necessary to contact the psychiatrist. The Father sought to expand his periods of custody to alternating weekends, including overnights. The Mother objected based on her belief that the Child is not ready for overnight periods of custody. The parties were unable to :reach an agreement at the Conference and it will be necessary to schedule a Heating. 4. The Father's position on custody is as follows: The Father initiated this custody proceeding in March 2001 to reestablish a relationship with the Child, who is now 9 years old. As the Father had little contact with the Child over the past several years, he agreed to a gradually increasing custody schedule beginning with one hour visits with the Mother present. The Father believes that since he has had custody of the Child on alternating weekends on both Saturdays and Sundays for several hours since June 2001, it is now time to expand the schedule to include weekend periods of custody from Friday through Sunday. The Father stated that the Child's behavior during periods of custody has dramatically improved over the past few weeks and she no longer resists coming to spend time with him. The Father believes the Child is ready for overnight periods of custody and indicated that if there were a problem with adjustment to overnights, he would contact the Mother to change the arrangements if necessary. 5. The Mother's position on custody is as follows: The Mother stated that she does not believe the Child is ready to begin overnight periods of custody with the Father at this time. Although the Mother acknowledged that the Child is having fun spending time with her Father and does not put up a fight before periods of custody as she had previously, the Mother bases her objection to overnights on prior concerns expressed by the Child's psychiatrist. The Mother also indicated that the Child's medication for ADHD will be changing this week and the Child is taking medication at night for sleeping problems. The Mother believes that progression to overnight periods of custody at this time when the Child must also make adjustments in medication would be detrimental to the Child. The Mother was not willing to try single overnight periods from Saturday through Sunday as an initial step toward full weekend periods of custody. 6. The basic issue for the Court's determination at Hearing is whether or not overnight periods of partial custody are in the Child's best interests at this time. It is expected that the Heating will require at least one-half day as both parties indicated that they intend to present the testimony of third parties and the Mother may also present testimony by the Child's psychiatrist. Date 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing. ]l,J~ ~f c~Dcll D~~ Custody Conciliator VICTOR CRUZ, Plaintiff VS. MELINDA A. WHITZEL, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01 °0907 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this ~-' day of February, 2002, at the request of counsel for the defendant, and with the concurrence of counsel for the plaintiff, the time for hearing in this matter set for March 21, 2002, is changed to 9:45 a.m. in Cotmroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ~Jeanne B. Costopoulos, Esquire For the Plaintiff p/l(amily Law Clinic, Esquire For the Defendant :rim VICTOR CRUZ, Plaintiff VS. MELINDA A. WH1TZEL, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-0907 CIVIL : : CIVIL ACTION - AT LAW : CUSTODY ORI)ER OF COIIRT AND NOW, this /'~ day of %~ , 2002, upon consideration of Plaintiff's Motion for a Continuance, it is ordered and directed as follows: 1. The hearing previously scheduled on March 21, 2002, at 9:45 a.m. is continued until the ~ dayof ~ ,2002, at ~,'30 C( n~ in Courtroom No. 4ofthe Cumberland County Courthouse, Carlisle. 2. Pending further Order ot7 Court or agreement of the parties, the prior Order of this Court dated June 21,2001, shall continue in effect. /'ff/eann~ B. Costopoulos, Esquire For the Plaintiff ~amily Law Clinic For the Defendant BY THE COURT: Ke~v'~A. Hess, J. VICTOR CRUZ, Plaintiff VS. MEL1NDA A. WHITZEL, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-0907 CIVIL : : CIVIL ACTION- AT LAW : CUSTODY PI.AINTIFF'S MOTION FOR A CONTINIIANCE AND NOW, the Plaintiff, Victor Cruz, by and through his attorney, Jeann~ B. Costopoulos, Esquire, makes the following Motion for a Continuance: 1. Plaintiff filed a Complaint in Custody on February 14, 2001. 2. Following various custody conciliation conferences held before Dawn S. Sunday, Esquire, thc conciliator, a hearing was scheduled to take place on March 2l, 2002 at 9:45 a~m. 3. Plalntiffhas obtained a new job after having been unemployed for several weeks and hc is still subject to a probationary period during which time he cannot take time off. In addition, Plaintiffis in the process of changes residences as a result of his financial difficulties. 4. Due to the above, Plaintiff is seeking a continuance of the hearing until late June or July of 2002. 5. Georgina A. Howells, Certified Legal Intern at the Family Law Clinic, has indicated that Defendant does not object to a continuance of the heating until June or July of 2002. 6. The parties are presently subject to a custody order dated June 21, 2001. Plainfiffrequests said order to remain in effect pending further Order of Court or agreement of the parties. WHEREFORE, Plaintiff respectfully requests this Honorable Court to continue the hearing previously scheduled to take place on March 21, 2002 at 9:45 a.m. until late June or July of 2002. Respectfully submitted, 1400 N. Second Street Harrisburg, PA 17102 Phone: (717) 221-0900 Supreme Ct. ID No. 68735 ATTORNEY FOR PLAINTIFF VICTOR CRUZ, Plaintiff VS. MELINDA A. WHITZEL, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-0907 CML : : CIVIL ACTION - AT LAW : CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that 1 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 PA Rules of Civil Procedure, by depositing a copy of the same with the United Slates Post Office at Harrisburg, Pennsylvania, first class mail, prepaid, and addressed as follows: Family Law Clinic The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013-2899 BY: Jeanne B. Costopoulos, Esquire 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 68735 ATFORNEY FOR PLAINTIFF VICTOR CRUZ, Plaintiff MELINDA A. WHITZEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-907] CIVIL TERM : CIVIL ACTION - LAW : CUSTODY PLAINTIFF'S PRE-gI~,MIING MEMORANDUM AND NOW, the Pla/nflff, Victor Cruz, by and through his attorney, Jeann6 B. Costopoulos, Esquire, submits the following Pre-Hearing Memorandum pursuant to the Court's Order dated November 14, 2001: L PLAINTIFF'S POSITION ON CUSTODY: Plaintiff has exercised unsupervised visits with his daughter for almost one year. He has established a relationship and bond with his daughter and believes ovem/ght weekend visits should be the next step. Plaintiff believes the only reason his daughter would not want to spend overnights with him is because she knows her mother, Defendant, does not approve. lL PLAINTIFF'S WITNESSES: Plaintiff anticipates the following witnesses to testify at the March 21, 2002 hearing: 1. Missy Myers - girlfriend of Plaintiff - will testify as to PlainfiWs relationship with his daughter and other children as well as observations of his daughter during visits. 2. Deb Myers - mother of Missy Myers - will testify as to her observations of Plaintiff with children and with family members generally. 3. Kathy Cruz and Maria Cruz- sisters of Plahafiff - will testify as to PlaintiWs relationship with each of his children and back~ound information regarding Plaintiff. 4. Janice and Victor Lopez - parents of Plaintiff- will testify as to Plaintiff's relationship with each of his children and background information regarding Plaintiff. 5. Lisa Cruz- Plaintiff's ex-wife and mother of his daughter Megan, will testify as to Plaintiff's parenting abilities and relationship with other children. 6. Karen Scmalz- friend of Plaintiff- will testify as to Plaintiff's relationship with children and family. DATED: BY: Respectfully submitted, J ul ' eann stopo os, Esqture 1400 N. Second Street Harrisburg PA 17102 Phone: (717) 221-0900 Supreme Ct. ID No. 68735 ATTORNEY FOR PIAdNTIFF VICTOR CRUZ, Plaimiff MELINDA A. WHITZEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-9073 CIVIL TERM CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Jeann6 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 PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Georgina A. Howells Family Law Clinic The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013-2899 DATED: BY: COSTOPOULOS & WELCH 1400 N. Second Street Harrisburg, PA 17102 Phone: (717) 2214900 Supreme Ct. ID No. 68735 ATTORNEY FOR PLAINTIFF VICTOR CRUZ, Plaintiff MELINDA A. WHITZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01-907 CIVIL TERM CONSENT AND APPROVAL FOR APPEARANCE UNDER Pa.B.A.R. 322 I hereby consent to the appearance ofBryon R. Kaster, a Certified Legal Intern under the supervision of an attorney, in the Custody Heating before the Honorable Judge Hess at 9:30 a.m. on Wednesday, July 3, 2002. Date: Me~inda A. Rodriguez u d~ As the supervising attorney for Bryon R. Kaster, certified under Pa.B.A.R. 322, I approve of his appearance on behalf of the above-named client in the above-named proceeding. Robert E. Rains Faculty Supervisor FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VICTOR CRUZ, Plaintiff MELINDA A. RODRIGUEZ (FORMERLY WHITZEL), Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 01-907 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day o£July, 2002 the within custody agreement is approved and entered as an Order of Court. BY THE COURT: VICTOR CRUZ, Plaintiff MELINDA A. RODR1GUEZ (formerly Whitzel), Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01-907 CIVIL TERM CUSTODY AGREEMENT AND ORDER OF COURT THIS AGREEMENT, made this 3ra day of July, 2002, between Plaintiff, Victor Cruz (hereinafter "Father"), and Defendant, Melinda A. Rodriguez (formerly Whitzel) (hereinafter "Mother"), concerns the custody and visitation of Tiffany M. Whitzel (hereinafter"the child"), born January 18, 1992. This Agreement modifies the Custody Order entered on June 2 l~t, 2001. Mother and Father are the biological parents of the child and desire to enter into an agreement as to the custody of the child. Mother and Father agree as follows: 1. Mother and Father shall have shared legal custody of the child. Mother shall have primm3, physical custody of the child, and Father shall have partial physical custody of the child, as set forth in this Agreement and Order. Father shall have custody of the child on alternating weekends commencing Saturday at 10:00 a.m. and extending until Sunday at 6:00 p.m. During the summer months, Father shall have one ( 1 ) week of uninterrupted physical custody of the child, beginning Saturday July 20, 2002 at 10:00 a.m. and extending until July 27, 2002 at 6:00 p.m. Beginning during the summer months of 2003, Father's week of summer vacation shall be agreed upon by the parties and shall include a scheduled weekend under the existing schedule. In the event that Father desires to take a week on which his weekend is not scheduled, then the existing alternating custody schedule shall be modified between the parties as necessary. Father shall advise Mother by May of each year as to when he intends to exercise the week of summer vacation. 5. The holiday schedule shall be handled as follows: Christmas Day: Father shall always have custody of the child from 2:00 p.m. on Christmas Day until 2:00 p.m. on Decc~nber 26. This provision shall supersede any other provision of this Order. Easter Sunday: Father shall always have custody of the child on Easter Day at 2:00 p.m. and extending until the day after Easter at 2:00 p.m. This provision shall supersede any other provision of this Order. Thanksgiving: Father shall always have custody of the child on Thanksgiving Day at 2:00 p.m. and extending until the day after Thanksgiving until 2:00 p.m. This provision shall supersede any other provision of this Order. Mother's Day: Mother shall always have custody of the child on Mother's Day, This provision shall supersede any other provision of this Order. Father's Day: Father shall have custody of the child on Father's Day at 2:00 p.m. and extending until the day after Father's Day at 2:00 p.m. This provision shall supersede any other provision of this Order. Child's Birthday (January 18): Whichever parent is not othe~vise scheduled to exercise custody of the child on her birthday (January 18) in any given year, shall nevertheless have partial custody of her for two (2) hours that day. g. Mother and Father shall share all other holidays, as the parties agree. If Father's period of holiday custody falls on a school day, Father shall take the child to school at the regularly scheduled time or return the child to Mother as applicable. Transportation with respect to exchanges of custody shall be the responsibility of the party receiving the child, unless otherwise agreed upon by the parties. The parties may modify this Order by mutual consent. In the absence of mutual consent, the terms of this Order control. 10. No party to this Agreement and Order will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party or which may hamper the free and natural development of the child's love and respect for the other party. The party with custody of the children shall keep the other party informed as to the phone number and address where the children can be reached. The non-custodial party shall have liberal phone contact with the child. 11. The parties intend to be bound by the terms of this Agreement and intend that this Agreement be entered as an Order of the Court. inda A. Rodriguez (fon0nerl~hitzel), Defendant Victor Cruz, l~'intiff ~~egal Intern for Defendant Thomas M Place Robert E. Rains Lucy Johnston-Walsh Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Jearffie B Costopoulos, Esquire Attorney for Plaintiff 1400 North Second Street Harrisburg, PA 17102 (717) 221-0900 VICTOR CRUZ, : Plaintiff : MELINDA A. RODRIGUEZ,: (WHITZEL) : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERL~2qD COUNTY, PENNSYLVAiqIA 01-0907 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY IN RE: AMENDMENT OF CAPTION ORDER OF COURT AND NOW, this 3rd day of July, caption of this case is hereby amended to reflect of the defendant as Melinda A. Rodriguez. By the Court, 2002, the the name K [ Hess, J. Jeanne Costopoulos, Esquire For the Plaintiff Bryon R. Kaster, Certified Legal Intern Robert A. Rains, Faculty Supervisor For the Defendant : mae