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HomeMy WebLinkAbout02-1768RALPH IACONO and ELIZABETH IACONO, Plaintiffs Mo INDIA FICARRA and STEVEN FICARRA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1768 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of August, 2002, upon consideration of Plaintiffs' Motion for Continuance, and of Defendants' opposition thereto, and the court's calendar being unable to accommodate a rescheduled hearing prior to November, 2002, and this court not having ordered the appointment of a custody evaluator at this time, Plaintiffs' motion for a continuance is denied as premature. David A. Baric, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiffs Dirk E. Berry, Esq. 7 Irvine Row Carlisle, PA 17013 Attomey for Defendants BY THE COURT, esley oler,0.r~ :rc RALPH IACONO and : ELIZABETH IACONO, : Plaimiffs : V. : : INDIA FICARRA and : STEVEN FICARRA, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 1'7 ~D ~ CIVIL TERM CIVIL ACTION-LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiffs are Ralph and Elizabeth Iacono, adult individuals residing at 1 Conestoga Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendants are India and Steven Ficarra, adult individuals residing at 7003 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiffs seek custody of the following child: Name Present residence Age Tristen James Price 7003 Salem Park Circle 4 years Mechanicsburg, PA 17055 The child was not bom out of wedlock. The child is presently in the custody of Defendants, who reside at 7003 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons India Ficarra and Steven Fiearra Residences 7003 Salem Park Circle Mechanicsburg, PA 17055 Dates September, 2001 to present RALPH IACONO and ELIZABETH IACONO, Plaintiffs Vo INDIA FICARRA and STEVEN FICARRA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1768 CIVIL TERM ORDER OF COURT. AND NOW, this 15th day of July, 2002, upon consideration of Plaintiffs' Motion for Custody Evaluation and Defendants' Answer to Rule and Objection to Motion for Custody Evaluation, argument is scheduled for Wednesday, August 7, 2002, at 3:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. David A. Baric, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiffs Dirk E. Berry, Esq. 7 Irvine Row Carlisle, PA 17013 Attorney for Defendants BY THE COURT, t1 yOler'~ :rc India Ficarra and Steven Ficarra India Ficarra Ralph Iacono, Elizabeth Iacono and India Ficarra Heron Drive Harrisburg, PA Heron Drive Harrisburg, PA 11 South Watch Lane Mechanicsburg, PA Ford Farm Road Meehanicsburg, PA September, 2001 to March, 2001 July, 2000 to March, 2001 March, 1998 to July, 2000 terminated. 4. Plaintiffs currently resides with the following persons: Names The relationship of the Plaintiffs to the child is that of natural grandparents. The Relationship NONE 5. The relationship of the Defendants, India Ficarra to the child is that of natural mother. The Defendant, Steven Ficarra has initiated an action to adopt Tristen James Price, which matter is presently pending in this court. The Defendants reside with the following persons: Names Relationship Tristen James Price son The natural mother of the child is India Ficarra, currently residing at 7003 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania. She is married to Steven Ficarra. The Defendant, India Ficarra removed the child from the home of Plaintiffs. The natural father of the child is James D. Price, whose parental rights have been 6. Plaintiffs have not participated as a party in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. Each parent whose parental rights to the child have not been temfinated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. 8. Granting partial custody to Plaintiffs would be in the best interest of the child and would not interfere with the parent-child relationship. WHEREFORE, Plaintiffs request your Honorable Court to grant them partial custody and/or visitation rights to the child. Date: Respectfully submitted, O'BRIEN, BARIC & SCHERER David A. Bade, Esquire I.D. # 44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 dab. dir/domestic/iacono/custody, com VERIFICATION We verify that the statements made in the foregoing Complaint For Custody are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Ralph Iacono RALPH IACONO AND ELIZABETH IACONO : PLAINTIFF V. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-1768 CIVIL ACTION LAW INDIA FICARRA AND STEVEN FICARRA DEFENDANT : 1N CUSTODY AND NOW, Wednesday, April 17, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, May 15, 2002 at 3:30 PM for a Pre-Heating Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The 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/ Jacqueline M. Verney. Esq.~. .. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating 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 CATHLEEN S. ERSKINE, Plaintiff VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO: 02-1782 ROBERT DUANE ERSKINE, Defendant : CIVIL ACTION-LAW AFFIDAVIT OF SERVICE I, Jason P. Kutulakis, hereby certify that I served a tree and correct copy of the Complaint Under Section 3301(c) of the Divorce Code, upon the Defendant, receipt of which is acknowledged on the attached receipt card on April 13, 2002. Respectfully submitted, ABOM & KUTULAKIS Date: April 16, 2002 j.~ - akis, Esquire ~ )rney I.D. No: 80411 lite 204 South Hanover Street Carlisle, PA 17013 · Complete items I, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. X ., [] Agent [] Addressee B. R~lec~vedby(PrlntedNarne) . D~te of DetJvery 4. Restricted Delivery? jExtra Fee) 2. Article Number PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M.0381 MAY 2 6 2oo2 RALPH IOCANO and ELIZABETH IOCANO, Plaintiffs V. INDIA FICARRA and STEVEN FICARRA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002-1768 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this Lc/~'~ day of ~/~"~ rt ,2002, upon consideration of the attached Custody Conciliation R~po , it is Ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ,/ , of the Cumberland ?,o_unty Court House, on the/.7;0[- day of ~ ,2002, at ~ :,~) o clock, ,/f. M., at which tinge testimony wi[1 be t~tken. For purposes of/his Hearing, the Grandparents shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the parents shall have sole legal and sole physical custody of the child. BY THE COURT, cc:,lgavid A. Baric, Esquire, counsel for Grandparents Dirk E. Berry, Esquire, counsel for Parents VINVAqXC3NN~d ,U. NNu~; 'r ~ 6~ :~ [,Icl I ~ )?,/N ~O ': "",k":~" . ,! RALPH IACONO and ELIZABETH IACONO, Plaintiffs V. INDIA FICARRA and STEVEN FICARRA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : NO. 2002-1768 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCIIJATION 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 Tristen James Price DATE OF BIRTH CURRENTLY IN CUSTODY OF February 28, 1998 Mother and adoptive Father 2. A Conciliation Conference was held on May 15, 2002 with the following individuals in attendance: The maternal Grandparents, Ralph and Elizabeth Iocano, with their counsel, David A. Baric, Esquire, and the parents, India and Steven Ficarra, with their counsel, Dirk E. Berry, Esquire. 3. Grandparents' position on custody is as follows: The child lived with them and Mother for more than two (2) years. The Grandparents are seeking regular visitation with the child. The parents are withholding visitation based on a suspicion that Grandfather has sexually abused the child. The Grandparents vehemently deny the allegations. They contend that the parents are inappropriately disciplining the child. They further contend that the parties have become estranged since Mother married her present husband. An evaluation was performed by Dr. Earl Greenawald at the parents' request. The parents however refuse to share the report with the Grandparents. Counsel for Grandparents may request discovery of said report from the Court prior to the hearing. 4. Parents' position on custody is as follows: They seek sole legal and sole physical custody of the child. They maintain that a relationship with the Grandparents would interfere with the parent/child relationship. They allege inappropriate behavior on the part of the Grandfather. They cite instances where the Grandfather permitted the child to urinate outside instead of in the bathroom, pushing his way into the parents' bathroom when the child was there and observing the child's swimming lesson. The parents called the police and reported harassment for the latter incident. 5. The Conciliator suggested supervised visits at the YWCA, pending a hearing, which the parents opposed. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing. It is expected that the Hearing will require one day. Date ~cqff61ine M. Vemey, Esquire Custody Conciliator RALPH IACONO and : ELIZABETH IACONO, : Plaintiffs : V. INDIA FICARRA and STEVEN FICARRA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 1768 CIVIL Tt CIVIL ACTION-LAW IN CUSTODY MOTION FOR CUSTODY EVALUATION AND NOW, come the Plaintiffs, Ralph and Elizabeth Iacono am,[ represent as follows: 1. The Movants are the Plaintiffs, Ralph and Elizabeth Iaco: ~o. 2. The Respondents are the Defendants, Steven and India Fi carra. 3. Movants are the maternal grandparents of Tristen Price Ii Lcono, date of birth February 28, 1998, natural son of India Ficarra and the adoptive son of ~',teven Ficarra. 4. Movants have filed a custody matter docketed to the abo' re tem~ and number seeking partial custody of Tristen Price Iacono. 5. A custody conciliation conference has been conducted i~ this matter and no agreement has been reached. 6. Movants believe a custody evaluation by Arnold Shienv( ld would be of benefit to the Court in this matter. Dr. Shienvold has previously rendered an expe :t opinion and report in a related matter involving the custody of the minor child vis-a-vis his natt ral mother and natural father, having interviewed both natural mother and natural father. 7. Movants request that Respondents be directed to meet custody evaluation. th and cooperate with the by Dr. Shienvold. WHEREFORE, Movants request that this Court: a. appoim Dr. Arnold Shienvold as the custody eval b. direct the parties to meet with and cooperate with dab.dir/domestic/iacono/evaluation.mot Movants would be responsible to pay for the custody evaluation to be performed rotor; and, Dr. Shienvold. Respectfully submitted, I.D. # 44853 17 West South Stre Carlisle, Pennsylva (717) 249-6873 ~t fia 17013 CERTIFICATE OF SERVICE I hereby certify that on June 21, 2002, I, David A. Bade, EsqUire of O'Brien, Baric & Scherer, did serve a copy of the Motion For Custody Evaluation, by fir~, t class U.S. mail, postage prepaid, to the party listed below, as follows: Dirk E. Berry, Esquire Law Office of James K. Jones, Esquire 7 Irvine Row Carlisle, Pennsylvania 17013 ! David A. B~tric, Esquire RITA M. FUGETT, Plaintiff V. STEPHEN O. FUGETT, Defendant RITA M. FUGETT, STEPHEN O. FUGETT, Plaintiff : : . Defendant : IN THE COURT O1~ COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1472 CIVIL ACTION - L COMPLAINT IN D IN THE COURT OI CUMBERLAND Ce DOMESTIC RELA' Docket Number: 00 PACSES Case Num PETITION TO WITHDRAW AS COUNSEI 1. On March 26, 2002, the undersigned filed a Complaint Plaimiff, Rim M. Fugett. 2. Plaintiff, Rita M. Fugett, has now notified the undersi desires Metzger, Wickersham, Knauss & Erb, P.C., or the undersigned any pending matter. Attached hereto, marked as Exhibit "A", am reference is a copy of the consent signed by Rita M. Fugett to this effect 3. There are no immediately pending heatings and fin prejudiced by the undersigned's withdrawal. Document #.- 236868.1 ~W VORCE ' COMMON PLEAS OF )UNTY, PENNSYLVANIA ?IONS SECTION 216 S 2002 >er: 358104332 in Divorce on behalf of ned that she no longer , represent her further in incorporated herein by Plaintiff will not be WHEREFORE, it is respectfully requested that this Court Sign the appended Order permitting the withdrawal of the undersigned as counsel for Plaintiff, Rtta M. Fugett. Dated: Document #: 236868.1 Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ! By 'l~arl R. Hildabrand, Esqui~ Attorney I.D. No. 30102 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-030 (717) 238-8187 Attorneys for Plaintiff RITA M. FUGETT, Plaintiff V. STEPHEN O. FUGETT, Defendant RITA M. FUGETT, Mo STEPHEN O. FUGETT, Plah~tiff : : Defena~nt : IN THE COURT OE COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1472 CIVIL ACTION - L~ COMPLAINT IN D] IN THE cOURT O[ CUMBERLAND C( DOMESTIC RELAq Docket Number: Off, PACSES Case Numl I, Rim M.. Fugett, Plaintiff in the above matter, hereby confm Metzger, Wickersham, Knauss & Erb, P.C., and/or Karl R. Hildabrand, or act as my counsel in the above referenced matter. I consent to their in this case. Date: Document #: 236198.1 ~W VORCE COMMON PLEAS OF )UNTY, PENNSYLVANIA IONS SECTION )A6 S 2002 )er: 358104332 that I no longer want ;squire, to represent me ithdrawal as my counsel CERTIFICATE OF SERVICE AND NOW, this Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certil the within Petition to Withdraw as Counsel this day by depositing the mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: day of June, 2002, I, Karl R. Hildabrand, Esquire, of Metzger, y that I served a copy of Dame in the United States Rita M. Fugett 11 Stine Avenue Carlisle, PA 17013 Marylou Matas, Esquire G-riffle & Associates 200 North Hanover Street Carlisle, PA 17013 l~arl R. Hildabrand Document ii: 236868.1 JUN :~ 5 zOOZ',~/ RALPH IACONO and ELIZABETH IACONO, Plaimiffs Vo INDIA FICARRA and STEVEN FICARRA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 1768 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY RULE TO SHOW CAUSE AND NOW, this Z& ~ day of ~'d3)r ,2002, upon consideration of the Motion For Custody Evaluation, a Rule is issued upon the Defendants to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable ~- d> days from service. ~. hc,.a*4,-~,~ ~ ~-1.~ ,1~: .... ' ,' /. /... · ...T '~- -- '--~'- ~'.~. P. ·: ......... m ,.,o. ~._ .... g.. ....... 7- Y'i-i~yb~ourthouse~ Carlisle, BY THE COURT, RALPH IACONO and ELIZABETH IACONO, Plaintiffs INDIA FICARRA and STEVEN FICARRA, Defendants · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1768 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ANSWER TO RULE AND OBJECTION TO MOTION FOR CUSTODY EVALUATION AND NOW, comes Defendants India and Steven Ficarra, by their attorney Dirk E. Berry, Esquke, and respectfully answers as follows: 1. Admitted. 2. Admitted. 3. The averments of fact contained in paragraph three (3) are admitted in part and denied in part. It is admitted that movants are the maternal grandparents of Tristen who was born on February 28, 1998 and that he is the natural son of India Ficarra. It is denied that Tristen's name is Tristen Price Iacono and that Tristen should be characterized as the adoptive son of Steven Ficarra. Tristen's name is Tristen Anthony Ficarra and he is the son of Steven Ficarra as reflected on the Birth Certificate. Although this was accomplished by adoption proceedings, which have been completed, the natural father's parental rights have been terminated and neither India, nor Steven, desire to label Tristen with the "adoptive" distinction. Both Steven and India belief it is in Tristen's best interest to be raised as part of a family where the members are father, mother, and son. 4. Admitted. 5. Admitted. 6. The avem~ents contained in paragraph six (6) are specifically denied and strict proof thereof is demanded at trial. Movant grandparents do not yet have a fight to any custody of Tristen. A court-ordered custody evaluation is premature when the requesting party has no actual right, of any kind, to any custody of the child whatsoever. Moreover, if, and only if, a custody evaluation is deemed to be appropriate, and respondents most strongly object to a custody evaluation being appropriate, Dr. Shienvold would be an inappropriate choice of evaluator. Dr. Shienvold previously rendered an expert opinion in the custody matter that resulted in a termination of the natural father's parental fights and eventually led to the adoption of Tristen by Steven Ficarra. The appointment of Dr. Shienvold as an evaluator, at any point, either now or in the future, would do exceedingly great harm to both parents, and to the child, Tristen, by stopping the healing process for all three and revisiting upon them the wounds of the previous matter that Steven and India had thought, and hoped, were behind them and that the child should definitely not have to live through again. 7. The averments contained in paragraph seven (7) are conclusions of law or requests for a decision to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded a trial. By way of further answer, the above captioned matter seeks to overcome parental decisions made by India and Steven Ficarra by using the courts to execute the will of the maternal grandparents. This matter is set for heating August 12, 2002. The movant grandparents have not yet prevailed in carrying the burden of creating a right to any custody of Tristen. Accordingly, third-party movants should not be permitted by this Honorable Court to direct the actions of the parents in this regard. 8. The averment contained in paragraph (8) is a conclusion of law for which no response is required. To the extent that a response is required, the averment is specifically denied as it flows from the objectionable request of paragraphs six and seven. By way of further answer, respondents could not pay for a custody evaluation in any event. Moreover, movant grandparents' instant petition has forced additional attorney costs upon respondents which the movant grandparents know is a tremendous burden upon respondents. WHEREFORE, Respondents request that this Honorable Court: a. deny movants request for a custody evaluator; and b. direct that Dr. Shienvold not participate in the above captioned matter in any capacity unless otherwise directed by this Honorable Court; and c. award attorney fees occasioned by movants' petition and the requiremem for the respondents to answer. Respectfully submitted, Dirk E. Berry, Esquire Attorney for Defendants/Respondents 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 RALPH IACONO and ELIZABETH IACONO, Plaintiffs INDIA FICARRA and STEVEN FICARRA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1768 CIVIL TERM CIVIL ACTION - LAW · IN CUSTODY CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day Defendant's Answer to Rule and Objection to Motion for Custody Evaluation was served by First Class mail, postage pre-paid upon the following: David A. Baric, Esquire 17 West South Street Carlisle, PA 17013 Date: Dirk E. Berry, Esquire Attorney for Defendants 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 RALPH IACONO and ELIZABETH IACONO, Plaintiffs INDIA FICARRA and STEVEN FICARRA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1768 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY MOTION FOR CONTINUANCE NOW, come Movants, Ralph and Elizabeth lacono, by and through their attorneys, O'BRIEN, BARIC & SCHERER, and file the within motion and, in support thereof, set forth the following: 1. Movants have filed a motion requesting the appointment of a custody evaluator in this matter. Respondents have filed in opposition to the appointment of a custody evaluator. 3. This Court has scheduled argument on the motion to appoint a custody evaluator, said argument to take place on August 7, 2002 at 3:30 pm. 4. By prior Order, this Court set a hearing in this custody matter to take place on August 12, 2002 at 9:30 a.m. 5. If this Court orders the appointment of a custody evaluator, there will be insufficient time for the evaluator to make his/her report prior to the scheduled custody hearing. 6. If this Court orders that no custody evaluator be appointed, this will also impact the preparation of the parties for the custody hearing. WHEREFORE, Movants respectfully request that the custody hearing scheduled for August 12, 2002 be continued to provide sufficient time for the preparation of a custody evaluation. Respectfully submitted, O'BRIEN, BARIC & SCHERER David A. Baric, Esquire ID~44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Ralph and Elizabeth lacono RALPH IACONO and ELIZABETH IACONO, Plaintiffs INDIA FICARRA and STEVEN FICARRA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 1768 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CERTIFICATION OF SERVICE I hereby certify that on July 25, 2002, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the MOTION FOR CONTINUANCE, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Dirk Berry, Esquire Attorney for Defendants Law Office of James K. Jones Seven Irvine Row Carlisle, Pennsylvania 17013 David A. Baric, Esquire Attorney for Plaintiffs Date: JulyZ~-, 2002 DavelDomestlc/laconolContinuance.mot RALPH IACONO and ELIZABETH IACONO, Plaintiffs VS. INDIA FICARRA and STEVEN FICARRA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 1768 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PLAINTIFF'S SUPPLEMENTAL PETITION TO MOTION FOR CONTINUANCE AND NOW, come Movants, Ralph and Elizabeth lacono, by and through their attorneys, O'BRIEN, BARIC & SCHERER, and file the within motion and, in support thereof, set forth the following: 1. Undersigned's office contacted Dirk Berry, Esquire, counsel for the Defendants, and Attorney Berry is opposed to movants' Motion for Continuance. Respectfully submitted, O'BRIEN, BARIC & SCHERER David ~. B'aric, Esquire ID#44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Ralph and Elizabeth lacono RALPH IACONO and ELIZABETH IACONO, Plaintiffs VS. INDIA FICARRA and STEVEN FICARRA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 1768 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on July 30, 2002, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Plaintiff's Supplemental Petition to Motion for Continuance, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Dirk E. Berry, Esquire 7 Irvine Row Carlisle, Pennsylvania 17013 D avl d A.~ar~c,~Esq~uire Attorney for Defendant Date: July 30, 2002 RALPH IACONO and : ELIZABETH IACONO, : Plaintiffs : V. : : INDIA FICARRA and : STEVEN FICARRA, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1768 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of August, 2002, upon consideration of Plaintiffs' Motion for Custody Evaluation and Defendants' Answer to Rule and Objection to Motion for Custody Evaluation, and following an argument held on this date at which Plaintiffs were represented by David A. Baric, Esquire, and Defendants were represented by Dirk E. Berry, Esquire, Plaintiffs' Motion for Custody Evaluation is denied at this time. /David A. Baric, Esquire 17 West South Street Carlisle, PA 17013 For the Plaintiffs Dirk E. Berry, Esquire 7 Irvine Row Carlisle, PA 17013 For the Defendants By the Court, pcb RALPH IACONO and : ELIZABETH IACONO, : Plaintiffs : V. : : INDIA FICARRA and : STEVEN FICARRA, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1768 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of August, 2002, in consideration of the Petition for Custody, and pursuant to an agreement of the parties and counsel reached in open court, it is ordered and directed as follows: 1. Plaintiffs shall withdraw the complaint in custody. 2. The parties shall choose an independent custody evaluator and shall cooperate with that evaluator. 3. The evaluator shall render a written report to the parties at the conclusion of his/her evaluation and shall thereafter contact the parties to discuss whether the parties can reach a resolution as to the visitation of Tristen Anthony Ficarra with his grandparents. 4. The evaluation process, report, recommendation and attempt to resolve the visitation issue shall be nonbinding upon all parties. The custody evaluator shall not be called as a witness, nor shall his/her report be introduced as evidence in any subsequent proceeding. 5. In the event that Plaintiffs would seek to file an action under 23 Pennsylvania Consolidated Statutes Annotated Section 5313 in the future, Plaintiffs will pay the attorney's fees of Defendants in any such action brought by Plaintiffs under the referenced section. 6. The evaluator chosen by the parties shall not meet with the grandparents and Tristen together. 7. The cost of the chosen evaluator shall be paid by Plaintiffs. /~avid A. Baric, Esquire 17 West South Street Carlisle, PA 17013 For the Plaintiffs Dirk E. Berry, Esquire 7 Irvine Row Carlisle, PA 17013 For the Defendants pcb By the Court, J(J -wesley ~~~;~.