HomeMy WebLinkAbout02-2962
.
LUIS FIGUEROA,
Plaintiff
: THE COURT OF COMMON PlEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 002 - .:< 9'0 .1...
: CIVILACTION-ATLAW
: CUSTODY
MARIA RODRIGUEZ,
Defendant
C.OMPI ,AlNT TN c.nSTODV
AND NOW, the Plaintiff, Luis Figueroa, by and through his attorney, Jeanne B. Costopoulos,
Esquire, makes the following Complaint in Custody:
1. The Plaintiff, Luis Figueroa, is an adult individual who currently resides at 707
Cumberland Pointe, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. The Defendant, Maria Rodriguez, is an adult individual who currently resides at 2200
Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania, 17011.
3, The Plaintiff seeks partial custody of the following child:
Name
Pre..",t R,,~iclP.l1(,R. Age
Luis Enrique Figueroa
709 Cumberland Pointe 19 mos,
Mechanicsburg,PA 17055 DOB 10/19/00
The child, Luis Enrique Figueroa, is presently in the custody of his father, Plaintiff Luis
Figueroa, who resides at 709 Cumberland Pointe, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
Since birth, the child has resided with the following persons and at the following addresses:
Na.uu:
Aclclrp...
Dates (Approx.)
Luis Figueroa - Father
Isabella Fernandez - Father's mom
Carlos Pabon - Isabella's paramour
Ricardo Figueroa - Father's brother
709 Cumberland Pointe
Mechancisburg, P A
June 18,2002 to present
Maria Rodriguez - Mother
Various unknown people
2200 Cedar Run Drive
Camp Hill, P A
Apri12002 to June 2002
Maria Rodriguez - Mother N. 2nd Street
Jacqueline Ortiz - Mother's mother Harrisburg, PA
March 2002-April 2002
Luis Figueroa - Father
Maria Rodriguez - Mother
709 Cumberland Pointe
Mechanicsburg, P A
February 2002-March 2002
Maria Rodriguez - Mother N. 2nd Street
Jacqueline Ortiz - Mother's mother Harrisburg, PA
Benjamin Ortiz - Mother's husband
Meriam (daughter of Jacqueline)
Jeannie (daughter of Jacqueline)
Maria Rodriguez - Mother 2230 N. 3rd Street
Jacqueline Ortiz - Mother's mother Harrisburg, PA
Benjamin Ortiz - Mother's husband
Meriam (daughter of Jacqueline)
Jeannie (daughter of Jacqueline)
November 2001-Feb 2002*
birth to November 2001*
*Mother also lived with the child intermittently with her maternal aunt, Meriam Perez, who also
lives with her children (mother's cousins) Yahira, Erica, and Luis.
The natural mother of the child is Maria Rodriguez, Defendant, currently residing at 2200
Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania 17011. The natural father of the
child is Luis Figueroa, Plaintiff, currently residing at 709 Cumberland Pointe, Mechanicsburg,
Pennsylvania, 17055.
4. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff
currently resides alone,
5, The relationship of the Defendant to the child is that of natural mother. To Plaintiff's
knowledge, Defendant resides with several individuals, the names of which are not
known to Plaintiff.
6, Plaintiff 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,
7, Plaintiff does not know of a person not a party to the proceedings who has physical
custody of any of the child or claims to have physical custody or visitation rights with
respect to the child
8, The best interests and permanent welfare of the child will be served by granting the relief
requested beca'lse:
( a) Plaintiff is the natural father of the child,
(b) Plaintiff has established a relationship with the child
(c) Plaintiff desires to continue exercising parental duties and enjoys the love
and affection of the child,
(d) The child should be permitted to enjoy the love, affection, and emotional
support which can be provided by his natural father.
(e) The parties can no longer agree on a reasonable custody arrangement for
the child whereby both parents have routine contact with the child,
(f) Defendant is presently unable to provide a stable, nurturing environment
for the child.
9. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this
action. No other persons are known to have or claim a right to custody or visitation
of the child to be given notice of the pendency of this action and the right to
intervene.
WHEREFORE, the Plaintiff respectfully requests this Honorable court to grant him full
primary custody of his son subject to partial custody and/or visitation with Defendant.
RESPECTFULLY SUBMITTED:
Dated: ~fl.
~
Jeanlf~R Costopoulos, Esquire--
COSTOPOULOS & WELCH
1400 North Second Street
Harrisburg, Pennsylvania 17102
PA Supreme Court ID No. 68735
Telephone: (717) 221-0900
Fax: (717) 221-0904
ATTORNEY FOR PLAINTIFF
LUIS FIGUEROA,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No.
MARIA RODRIGUEZ,
Defendant
: CIVIL ACTION-AT LAW
: CUSTODY
W.RmICA TION
I, Luis Figueroa, hereby verifY that the statements made in the foregoing Complaint in
Custody are true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. ~904, relating to unsworn falsification to authorities.
Date: 0~
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PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LUIS FIGUEROA
v.
02-2962 CIVIL ACTION LAW
MARIA RODRIQUEZ
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
~onday,June24,2002
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before ~elissa P. Greevy, Esq. , the conciliator,
at 301 ~arket Street, Lemoyne, PA 17043 on Tuesday, July 30, 2002 at 8:30 AM
for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order, All children 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/
Melissa P. Greevy. Esq. {'I\\.Y
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 hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE 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
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AUG 0 5 2002~
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2962 CIVIL TERM
LUIS FIGUEROA,
v,
CIVIL ACTION - LAW
IN CUSTODY
MARIA RODRIGUEZ,
Defendant
TEMPORARY ORDER OF COURT
AND NOW, this q'" day of /-hIt-.J- , 2002, upon consideration
of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. Legal Custody. The parties, Luis Figueroa and Maria Rodriguez shall have
shared legal custody of the minor child, Luis Enrique Figueroa, born October 19, 2002.
Each parent shall have an equal right, to be exercised jointly with the other parent, to make
all major non-emergency decisions affecting the child's general well-being including, but not
limited to, all decisions regarding his health, education and religion, Pursuant to the terms
of Pa, C. S. 95309, each parent shall be entitled to all records and information pertaining to
the child including, but not limited to, medical, dental, religious or school records, the
residence address of the child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
2. Physical Custody, Physical custody shall be arranged as follows: Mother
shall have physical custody each Tuesday from 8:00 a.m. until Friday at 6:00 p.m. Father
shall have physical custody from each Friday at 6:00 p.m. until Tuesday at 8:00 a.m,
3, Vacation. Each parent shall be entitled to up to two (2) weeks of vacation
each year which shall be taken non-consecutively. Vacation shall run from Friday to Friday.
The parties shall provide each other with thirty (30) days written notice of their vacation
plans to include the location and telephone number of where they can be reached when on
vacation. In the event that parties have schedule overlapping or conflicting vacation times,
the party first providing written notice to the other party shall have their choice of the
vacation time.
4,
agree.
Holidays. The parties shall share custody for the holidays as the parties may
02 MJG - 9 Mill: I !
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PENNSYLVftNlA
NO. 02-2962 CIVIL TERM
5. During any period of custody or visitation the parties to this Order shall not
possess or use controlled substances, neither shall they consume alcoholic beverages to
the point of intoxication. The parties shall likewise ensure, to the extent possible. that the
other household members and/or house guests comply with this prohibition.
6.
agree.
Transportation, Transportation shall be shared by the parties as they may
7, The child shall not be transported in a motor vehicle absent the use of a
properly installed child's safety seat.
8, Cumberland County Court of Common Pleas shall retain jurisdiction of this
matter. The parties may vary its terms by their express mutual agreement. In the event that
the parties do not agree, an additional Custody Conciliation Conference will be scheduled
upon proper petition by either party.
9. In the event that either party has a change in their residential address or
telephone number, they shall notify the other parent of the new residential address and/or
telephone number within forty-eight (48) hours of said change.
BY THE COURT:
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Dist: /Jeanne B. Costopoulos, Esquire,1400 North Second Street, Harrisburg, PA 17102 >
...Maria Rodriguez, 2206 F Cedar Run Drive, Camp Hill, PA 17011
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2962 CIVIL TERM
LUIS FIGUEROA,
v.
CIVIL ACTION - LAW
MARIA RODRIGUEZ,
IN CUSTODY
Defendant
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 THE CUSTODY OF
Luis Enrique Figueroa
October 19, 2000
Mother
2, A Custody Conciliation Conference was held on July 30, 2002 with the
following individuals in attendance: the Father, Luis Figueroa, and his counsel, Jeanne B.
Costopoulos, Esquire; the Mother, Maria Rodriguez, appeared pro se. The Mother
appeared one and one-half (1~) hours late for the Conference. She claims that she did not
know where the Conference was to be held. However, counsel for the Plaintiff provided an
Affidavit of Service indicating that she had been personally served with the Complaint and
the Order scheduling a Custody Conciliation Conference.
3.
attached.
The parties reached an agreement for a Temporary Order in the form as
1)Jl!OY
Date
~~vy.ESqUire
Custody Conciliator
:161111
LUIS FIGUEROA,
Plaintiff
: THE COURT OJF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: No.o:l.-:t~1.:t dv':\
MARIA RODRIGUEZ,
Defendant
CIVIL ACTION - AT LAW
CUSTODY
PF.TlTTON TO MOnTFY c:nSTQDY
AND NOW, the Plaintiff, Luis Figueroa, by and through his attorney, Jeanne B.
Costopoulos, Esquire, makes the following Complaint in Custody:
1, The Plaintiff, Luis Figueroa, is an adult individual who currently resides at 707
Cumberland Pointe, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. The Defendant, Maria Rodriguez, is an adult individual who currently resides at 2200
Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania, 1701 L
3. The Plaintiff seeks primary physical custody of his son, Luis Enrique Figueroa, born
October 19,2000,
4. Previously, Plaintiff had filed a Complaint in Custody at the above term and docket
number and the parties appeared before Melissa Greevy and entered into an agreement
which was confirmed into an Order of Court on AugllSt 9, 2002, See Exhibit A.
5. The best interests and permanent welfare of the child will be served by granting the
relief requested because:
(a) Defendant is presently unable to provide a stable, nurturing environment for
the child.
(b) The child has returned from Defendant's residence with the smell of
marijuana on his clothes.
(c) The child recently was taken to the hospital after falling into a speaker at
Defendant's residence at 2:00 a,m., several hours past the time he should have
been asleep in bed, On another occasion, the child returned from Defendant's
residence with what appeared to be a cigarette burn on him for which Plaintiff
took him to the hospital for treatment.
(d) Historically, Defendant has never attemptf:d to find a job. It is Plaintiff's
belief that Defendant stays up all night partying with friends (in the presence
of the child), then sleeps the majority of the day,
(e) Plaintiff recently discovered that Defendant is either on probation or parole for
driving a stolen car.
(f) Despite the fact that Defendant does not work or attend school, she appears to
have no time to do laundry for the child and Plaintiff must retrieve the child's
dirty clothes from Defendant's residence, wash them, then return them to
Defendant's residence in order for the child to have clean clothes when in the
custody of Defendant
6. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this
action. No other persons are known to have or claim a right to custody or visitation of
the child to be given notice of the pendency of this action and the right to intervene,
WHEREFORE, the Plaintiff respectfully requests this Honorable court to grant him
primary physical custody of his son subject to supervised visitation with Defendant pending the
results of a drug and alcohol evaluation then periods of reasonable partial custody thereafter,
RESPECTFULLY SUBMITTED:
----
Dated: l' /; ~ /{lJ
Jearme B. Costopoulos, Esquire
5000 Ritter Road, Suite 202
Mechanicsburg, P A 17055
P A Supreme Cowt ill No. 68735
Telephone: (717) 790-9546
Fax: (717) 790-6019
ATTORNEY FOR PLAINTIFF
LUIS FIGUEROA,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: No, 02-2962
MARIA RODRIGUEZ,
Defendant
: CIVIL ACTION - AT LAW
: CUSTODY
VF.RTFTr.ATTON
I, Luis Figueroa, hereby verifY that the statements made in the foregoing Petition are true
and correct I understand that false statements herein are made subject to the penalties of 18 Pa,
c.s. ~4904, relating to unsworn falsification to authorities,
Date:
~?',,0'-.3
Signature: 0 #. '- ~~_J~~~
LUIS FIGUE
EXHIBIT A
/.lUG II 5 inlil r
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2962 CIVIL TERM
LUIS FIGUEROA,
v.
CIVIL ACTION - LAW
MARIA RODRIGUEZ,
IN CUSTODY
Defendant
TEMPORARY ORDER OF COURT
AND NOW, this ---3.- day of S t-. , 2002, upon consideration
of the attached Custody Conciliation Summary R art, it is hereby ordered and directed as
follows:
1. Legal Custody. The parties, Luis Figueroa and Maria Rodriguez shall have
shared legal custody of the minor child, Luis Enrique Fi~lueroa, born October 19, 2002.
Each parent shall have an equal right, to be exercised joint'ly with the other parent, to make
all major non-emergency decisions affecting the child's general well-being including, but not
limited to, all decisions regarding his health, education and religion. Pursuant to the terms
of Pa, C. S, 95309, each parent shall be entitled to all records and information pertaining to
the child including, but not limited to, medical, dental, religious or school records, the
residence address of the child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information. of reasonable use to the other parent.
2. Physical Custody, Physical custody shall be arranged as follows: Mother
shall have physical custody each Tuesday from 8:00 a.m. until Friday at 6:00 p,m. Father
shall have physical custody from each Friday at 6:00 p.m. until Tuesday at 8:00 a.m,
3. Vacation. Each parent shall be entitled to up to two (2) weeks of vacation
each year which shall be taken non-consecutively. Vacation shall run from Friday to Friday.
The parties shall provide each other with thirty (30) days written notice of their vacation
plans to include the location and telephone number of where they can be reached when on
vacation. In the event that parties have schedule overlapping or conflicting vacation times,
the party first providing written notice to the other party shall have their choice of the
vacation time.
4.
agree.
Holidays. The parties shall share custody fm the holidays as the parties may
NO. 02-2962 CIVIL TERM
5. During any period of custody or visitation the parties to this Order shall not
possess or use controlled substances, neither shall they consume alcoholic beverages to
the point of intoxication. The parties shall likewise ensure, to the extent possible, that the
other household members and/or house guests comply with this prohibition.
6.
agree.
Transportation. Transportation shall be shared by the parties as they may
7. The child shall not be transported in a motor vehicle absent the use of a
properly installed child's safety seat.
8. Cumberland County Court of Common Pleas shall retain jurisdiction of this
matter. The parties may vary its terms by their express mutual agreement. In the event that
the parties do not agree, an additional Custody Conciliation Conference will be scheduled
upon proper petition by either party.
9. In the event that either party has a change in their residential address or
telephone number, they shall notify the other parent of the new residential address and/or
telephone number within forty-eight (48) hours of said chan~le.
J.
Dist: Jeanne B. Costopoulos, Esquire,1400 North Second Street, Harrisbur9, PA 17102
Maria Rodriguez, 2206 F Cedar Run Drive, Camp Hill, PA 17011
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2962 CIVIL TERM
LUIS FIGUEROA,
v.
CIVIL ACTION - LAW
MARIA RODRIGUEZ,
IN CUSTODY
Defendant
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:
DATE OF BIRTH
CURRENTLY IN THE CUSTODY OF
NAME
Luis Enrique Figueroa
October 19, 2000
Mother
2, A Custody Conciliation Conference was held on July 30, 2002 with the
following individuals in attendance: the Father, Luis Figueroa, and his counsel, Jeanne B,
Costopoulos, Esquire;- the Mother, Maria Rodriguez, appeared pro se. The Mother
appeared one and one-half (1 Y:z) hours late for the Conference. She claims that she did not
know where the Conference was to be held. However, counsel for the Plaintiff provided an
Affidavit of Service indicating that she had been personally served with the Complaint and
the Order scheduling a Custody Conciliation Conference.
3.
attached.
The parties reached an agreement for a Temporary Order in the form as
7)yIDV
Date
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~ssa Peel Greevy, Esquire
Custody Conciliator
:161111
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LUIS FIGUEROA
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
02-2962 CIVIL ACTION LAW
MARIA RODRIGUEZ
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Monday, September 22, 2003
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. _, the conciliator,
at 301 Market Street, Lemoyne, PA 17043 on Monday, October 27, 2003 at 12:30 PM
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. Fai]ure 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 Abnse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin~.
FOR THE COURT,
By: Isl
Melissa p, Greevy, Esq,
Custody Conciliator
II
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 TIlE 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
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LUIS FIGUEROA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2962 CIVIL TERM
v.
MARIA RODRIGUEZ,
CIVIL ACTION - LAW
Defendant
IN CUSTODY
HESS, J. ---
TEMPORARY ORDER OF COURT
AND NOW, this 4f" day of November, 2003, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. This Order supercedes and vacates all prior Orders of Court in this matter.
2. Leqal C4stody, The parties, Luis Figueroa and Maria Rodriguez, shall have
shared legal custody of the minor child, Luis Enrique Figueroa, born October 19, 2000.
Each parent shall havE;! an equal right, to be exercised jointly with the other parent, to make
all major non-emergency decisions affecting the child's general well-being including, but not
limited to, all decisions regarding his health, education and religion. Pursuant to the terms
of Pa. C. S. ~5309, eak;h parent shall be entitled to all records and information pertaining to
the child including, but not limited to, medical, dental, religious or school records, the
residence address of the child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the
same, or copies the reM, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
3. Physical ;Custody. Physical custody shall be arranged as follows: Mother
shall have physical cU$tody each Tuesday from 8:00 a.m, until Friday at 6:00 p.m. Father
shall have physical custody from each Friday at 6:00 p,m. until Tuesday at 8:00 a.m,
4. Vacation.. Each parent shall be entitled to up to two (2) weeks of vacation
each year which shalllJ>e taken non-consecutively. Vacation shall run from Friday to Friday,
The parties shall provide each other with thirty (30) days written notice of their vacation
plans to include the location and telephone number of where they can be reached when on
vacation. In the event !that parties have schedule overlapping or conflicting vacation times,
the party first providing written notice to the other party shall have their choice of the
vacation time.
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NO. 02-2962 CIVIL TERM
5. Holidavs,
A. Thanksqivinq 2003. For Thanksgivin~l 2003, Mother shall have
custody from the day before Thanksgiving at 6:00 p.,m. until Thanksgiving Day
at 2:00 p.m. Father shall have custody from 2:00 p"m. Thanksgiving Day until
his regular custodial time resumes on Friday at 6:00 p.m,
B. gnristmas 2003. The parties shall share Christmas on an AlB
schedule. Seglment A shall be from December 24th at noon until December
25th at noon. Segment B shall be from December 25th at noon until December
26th at noon When the parties return to the regular schedule as more
specifically outl,ned in Paragraph 2, For Christmas 2003 Father shall have
Segment A and' Mother shall have Segment B.
6. During any period of custody or visitation the parties to this Order shall not
possess or use controlled substances, neither shall they consume alcoholic beverages to
the point of intoxication. The parties shall likewise ensure, to the extent possible, that the
other household meml)ers and/or house guests comply with this prohibition.
7. Trans 0 ation. Transportation shall be shared by the parties by the parent
receiving custody prov ding transportation, unless otherwise agreed.
8. The child shall not be transported in a motor vehicle absent the use of a
properly installed child'is safety seat.
9. Cumberland County Court of Common Pleas shall retain jurisdiction of this
matter. This Order shall be enforceable by the Police Departments in the communities
where the parties resi8e, and the Cumberland County Sheriff. The Cumberland County
Sheriff's Department s~all be provided a copy of all Orders in this case,
10. In the e\lent that either party has a change in their residential address or
telephone number, they shall notify the other parent of the new residential address and/or
telephone number within forty-eight (48) hours of said change,
11. A hearing is scheduled in Courtroom Number .L of the Cumberland County
Courthouse, on the ;t~qt;6' day of :at'/. ~ ,200L, at '7 ;31 o'clock
k.M., at which time t stimony will be taken. For. e purposes of the hearing, the Father,
Luis Figeroa, shall bei deemed to be the moving party and shall proceed initially with
testimony. Counsel fq>r the parties or the parties pro SE1 shall file with the Court and
opposing counsel/partyj a memorandum setting forth each party's position on custody, a list
NO. 02-2962 CIVIL TERM
of witnesses who are expected to testify at the hearing, and a summary of the anticipated
testimony of each witness. These memoranda shall be filed at least ten days prior to the
hearing date.
BY THE COURT:
4J
A Hess, J.
Dis!:
~lne 8, CostopouiPs, Esquire,1400 North Second treet, Harrisbur~l. PA 17102
~ria Rodriguez, 2206 F Cedar Run Drive, Camp i, PA 17011
v .
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/1-5 -03
~
LUIS FIGUEROA,
NOV 0 42003
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 02-2962 CIVIL TERM
CIVIL ACTION _ LAW
IN CUSTODY
v.
MARIA RODRIGUEZ,
Defendant
CUSTODY CONCILIATION SUMMARY REPORI
IN ACCORDANCE lVITH CUMBERlAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the unde""9"OO C,_y Co",ilia"''''bm'" the fOiiowi"" "'POrt,
1. The pert,,,", '""'m",,,," """oemi"" the ,hl/d who " the ,"bjeot of thi,
litigation is as fallows:
NAME
DATE OF BIRTH
CURRENTL Y IN THE CUSTODY OF
Luis Enrique Figueroa
October 19, 2000
Mother and Father
2. The parties' second Custody Conciliation Conference was held on October 27,
2003 with the following individuals in attendance: the Father, LUis Figueroa, and his
counsel, Jeanne 8. Costopoulos, Esquire; the Mother, Maria Rodriguez, appeared pro se,
3. The parties were not able to reach an agreement on Father's Petitior
Modification of the Custody Order filed September 17, 2003. Therefore, a hearing'
necessary.
4. Father's osition on custod is as follows: Father alleges that'
suited to function as the primary custodial parent because the child's c/othir
marijuana when he returns to the Father after being with Mother, the child I.
dirty clothes and the Mother has recently been in difficulty with the law for drivir.,.
vehicle. Father reports that the Mother may be getting evicted from her home ana.
that on the day prior to the conference that she told him that her bOyfriend had beaten ,
up. Father reports that he had not seen the child for three weeks up to the child's birthday
and complains that the Mother "plays games" with regard to the agreed upon parenting
schedule. Father is presently unemployed and has been so since about a month and a half
3g0. He is looking to go back to Work part time at Vartan Lumber in the afternoons, He
lopes to enter HACC in January 2004 to stUdy criminal jUstice,
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2962 CIVIL TERM
LUIS FIGUEROA,
v.
CIVIL ACTION - LAW
MARIA RODRIGUEZ,
IN CUSTODY
Defendant
!!.~STODY CONCILIATION SUMMARY REPORT
IN ACCORDAN~E WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigred 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 THE CUSTODY OF
Luis Enrique Figueroa
October 19, 2000
Mother and Father
2. The parties' second Custody Conciliation Conference was held on October 27,
2003 with the following individuals in attendance: the Father, Luis Figueroa, and his
counsel, Jeanne B. Costopoulos, Esquire; the Mother, Maria Rodriguez, appeared pro 5e.
3. The parties were not able to reach an agreement on Father's Petition for
Modification of the Custody Order filed September 17, 2003, Therefore, a hearing will be
necessary.
4. Father's position on custody is as follows: Father alleges that he is better
suited to function as the primary custodial parent because the child's clothing smells like
marijuana when he returns to the Father after being with Mother, the child frequently has
dirty clothes and the Ni10ther has recently been in difficulty with the law for driving a stolen
vehicle. Father repor1s that the Mother may be getting evicted from her home and claims
that on the day prior t(1 the conference that she told him that her boyfriend had beaten her
up. Father reports th* he had not seen the child for three weeks up to the child's birthday
and complains that tHe Mother "plays games" with regard to the agreed upon parenting
schedule. Father is p~esently unemployed and has been so since about a month and a half
ago. He is looking to go back to work part time at Vartan Lumber in the afternoons. He
hopes to enter HACC In January 2004 to study criminal justice.
.
NO. 02-2962 CIVIL TERM
5. Mother's position on custodv is as follows: Mother represents that the parties
have not followed the schedule in the most recent Order dated August 9, 2002 for some
time and that Father often does not come to pick up the child when it is his custodial time,
She also reports that the child spends time with her mother as well. Mother says her
eviction proceeding is pending, but no date has been set. She claims the eviction is due to
damage done to a closet door which happened when she was moving furniture, Mother is
not working outside of'the home and has been unemployed since she quit her job in May of
2003. She states that she gets by with help from her mother and $50.00 per month of a
negative rent check. N10ther reports that she has asked for a DNA test for the child because
she claims that Fathe~ denies paternity. Mother also claims that Father sells drugs and has
exposed the child to dangerous situations, such as being at a home in Harrisburg when a
.22 caliber gun was shot. After this incident, Mother waited for five hours at the police
station, but left without filing a complaint.
6. This Custody Conciliation was extremely contentious with the parties
repeatedly interrupting each other and accusing each other of lying. Both parties claimed
the other is participatil11g in the sale or use of illegal drugs. When the Conciliator attempted
to work out an interirp holiday schedule, the parties were so argumentative that it was
obviously pointless to proceed, Therefore, the provisions of this Order related to Christmas
and Thanksgiving 2003 are the recommendation of the Conciliator.
7. During the Custody Conciliation Conference the Conciliator recommended the
parties return to following the custodial schedule as written and confirmed their availability
and willingness to be present during their periods of custody. Immediately following the
conference, Father's attorney reported that Mother had left the building with the child
despite her having been informed during the conference t ather had scheduled to take
the child to a doctor fot a checkup that day.
! 1/:3-/63;
Date
elissa Peel Greevy, Esquire
Custody Conciliator
:220182
>
LUIS FIGUEROA,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 02-2962 CIVIL TERM
MARIA RODRIGUEZ,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this
c,'"
day of
('r)o(.~
, 2004, following a hearing
regarding custody of the parties' minor child, all prior Orders of Court in this matter are vacated
and it is hereby ORDERED and DECREED as follows:
1. Le2al Custody The parties, Luis Figueroa ("Father" hereinafter) and Maria Rodriguez
("Mother" hereinafter) shall share legal custody of their minor child, Luis Enrique
Figueroa ("the child" hereinafter), Each party shall have an equal right, to be exercised
jointly with the other party, to make all major non-emergency decisions affecting the
child's general well-being including, but not limited to, all decisions regarding his health,
education and religion. Pursuant to the terms of Pa,C,S. 5309, each party shall be
entitled to all records and information pertaining to the child including, but not limited to,
medical, dental, religious or school records, the residence address ofthe child and of the
other parent. To the extent one parent has possession of any such records or information,
that parent shall be required to share the same, or copies thereof, with the other parent
within such reasonable time as to make the records and information of reasonable use to
the other parent.
2. Phvsical Custody Father shall have primary physical custody of the child, Mother shall
have partial custody of the child beginning the second weekend following the date ofthis
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Order, to include every other weekend from Friday at 5:00 p.m, until Sunday at 5:00 p,m.
Mother may exercise additional periods of partial custody with the child at such other
times as the parties may mutually agree.
3. Christmas The Christmas holiday shall be divided into two segments, Segment A shall
be from December 24th at 12:00 p,m, until December 25th at 12:00 p.m. Segment B shall
be from December 25th at 12:00 p.m. until December 26th at 12:00 p,m. Mother shall
have Segment A in the year 2004 and all even years thereafter and Segment B in the year
2005 and all odd years thereafter. Father shall have Segment B in the year 2004 and all
even years thereafter and Segment A in the year 2005 and all odd years thereafter, This
section shall supersede any other schedule set forth in this Order.
4. Other Maior Holidavs The parties shall alternate having partial custody of the child
from 9:00 a.m, to 5:00 p,m, during the following legal holidays: Easter, Memorial day,
Fourth of July, Labor Day, and Thanksgiving. This alternating holiday schedule shall
commence with Father having custody of the child Easter of 2004. This section shall
supersede any other schedule set forth in this Order.
5. Mother's Dav/Father's Dav Mother's Day shall be with Mother, Father's Day shall be
with Father. This period of partial custody shall be from 9:00 a,m, until 5:00 p,m, This
section shall supersede any other schedule set forth in this Order.
6. Vacation Each party shall be entitled to up to two (2) weeks of vacation each year which
shall be taken non-consecutively. Vacation shall run from Friday at 5:00 p,m, to the
following Friday at 5:00 p,m, The parties shall provide each other with thirty (30) days
written notice of their vacation plans to include the location and telephone number of
where they can be reached when on vacation. In the event that parties have schedule
overlapping or conflicting vacation times, the party first providing written notice to the
other party shall have their choice of the vacation time.
7. Place of Custody Exchane:e All custody exchanges shall take place promptly at the
home of the child's maternal grandmother. The child shall not be transported in a motor
vehicle absent the use of a properly installed child's safety seat.
8. Alcohol and Drue:s During any period of custody or partial custody, the parties shall not
possess or use any controlled substance, neither shall they consume alcoholic beverages
to the point of intoxication, The parties shall likewise assure that the child is not exposed
to other household rnembers and guests who do not comply with this prohibition,
9. Notice of Whereabouts/Illness Each party shall keep the other reasonably informed of
the whereabouts of the child while with the other party, If a party spends the night away
from home, the non-custodial parent shall be provided with an address and phone number
where the child will be staying. If either party has knowledge of illness or accident or
other serious circumstance affecting the welfare of the child, he or she shall promptly
notifY the other party of said circumstances.
10. DisDarae:ine: Remarks Neither Father nor Mother shall make any disparaging remarks
regarding the other parent in the presence of the child, such as those that might tend to
alienate the affections of the child toward the other parent. Also, each parent shall inform
relatives and friends to also refrain from making any disparaging remarks regarding either
parent in the presence of the child,
11. Chanl!e of AddresslPhone Number Both Father and Mother shall provide each other
with their home phone numbers and must keep each other informed of any changes of
address or change of phone number, In the event either party has a change in their
residential address or telephone number, he or she shall notifY the other parent of the new
residential address and/or telephone number within forty-eight (48) hours of said change.
12. Telephone Contact with Child Both Parties shall have the right to reasonable telephone
contact with the child during the other party's period of custody or partial custody.
Neither party shall interfere with the other party's telephone contact with the child, Each
party shall provide phone numbers where the child can be reached and shall make all
reasonable efforts to promptly return calls or messages left by the child or by the other
party regarding the child.
13. JurisdictionlEnforcement The Cumberland County Court of Common Pleas shall retain
jurisdiction of this matter, This Order shall be enforceable by the Police Departments in
the communities where the parties reside and the Sheriff's Departments in the counties
where the parties reside.
BY THE COURT: J
~ A /c
Hon. evin A, Hess
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LUIS FIGUEROA,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLMID COUNTY, PENNSYLVANIA
vs,
: No, 02-2962
MARIA RODRIGUEZ,
Defendant
: CIVIL ACTION - AT LAW
: CUSTODY
PI ,A TNTIFF'S PF,TTTTON FOR F,MF,Rr.IF.NCV RF,I .TJ<:F
AND NOW, the Plaintiff, Luis Figueroa, by and through his attorney, Jeanne B.
Costopoulos, Esquire, makes the following Petition for Emergency Relief:
I, The Plaintiff, Luis Figueroa, is an adult individual who currently resides at 709
Cumberland Pointe, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2, The Defendant, Maria Rodriguez, is an adult individual whose current residence is
unknown. Plaintiff has reason to believe that Defendant may be temporarily staying
with relatives at 710 North 19th Street in Harrisburg, Dauphin County, Pennsylvania,
3, The Plaintiff seeks sole legal and physical custody of his son, Luis Enrique Figueroa,
born October 19, 2000, subject to periods of supervised visitation with Defendant
pending Defendant obtaining a psychological and drug and alcohol evaluations,
4, Previously, a hearing was held before the Honorable, Kevin A. Hess and an Order of
Court was entered on March 6, 2004. See Exhibit A - March 6, 2004 Order of Court,
5, Defendant does not have a stable residence in which to exercise periods of partial
custody.
6. Defendant does not notifY Plaintiff where she takes the child overnight during her
periods of partial custody.
7. On several occasions, Defendant has failed to retum the child at the conclusion of her
periods of partial custody. As a result, Plaintiff more often than not must use law
enforcement personnel to retrieve the child at the conclusion of Defendant's periods
of partial custody.
8, Police officers have advised Plaintiff to seek an anlended custody order that prevents
Defendant from taking the child without supervision to ensure the child's return
home. Police officers' time is better spent than forcing Defendant to return the child
to Plaintiff every other Sunday. Following Defendlmt's last period of partial custody,
Plaintiff had to contact family members of Defendant to find her location with the
child and Plaintiff and police from both Harrisburg and Lower Allen worked together
to retrieve the child at the conclusion of her period of partial custody, Defendant
continued to be defiant with police stating that Plaiatiff is not really the father of the
child and that she was not going to return the child. Finally, after being threatened
with arrest, Defendant reluctantly returned the child. Defendant has lately been
confusing the child by telling him he has two fathers and irreparable psychological
damage to the child will occur unless he is protel:ted from Defendant's irrational
behavior and statements,
9. Defendant is scheduled to have the child this weekend (Friday, May 21,2004 through
Sunday, May 30, 2004. Plaintiff fears that Defendant will take off with the child to
Florida or otherwise fail to return him on Sunday,
10. Plaintiff should not have to utilize law enforcement fbr routine implementation of the
March 6, 2004 custody order.
11, Plaintiff believes Defendant has mental issues and that she continues to use drugs.
Plaintiff requests this Honorable Court to r,equire Defendant to undergo a
psychological evaluation to determine what prevt:nts her from respecting Orders of
Court and to undergo a drug and alcohol evaluation to determine if drug and alcohol
use plays a part in her defiance towards Plaintiff, this Honorable Court, and law
enforcement personnel.
12. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this
action. No other persons are known to have or claim a right to custody or visitation of
the child to be given notice of the pendency of this action and the right to intervene.
WHEREFORE, the Plaintiff respectfully requests this Honorable court to grant him sole
legal and physical custody of his son subject to supervised visitation with Defendant pending the
results of a drug and alcohol evaluation and psychological evaluation then periods of reasonable
partial custody thereafter provided Defendant gives Plaintiff the: address at which she will be
exercising partial custody.
RESPECTFULLY SUBMITTED:
Dated: )/2(((/1
/
Je e B. Costopoulos, Esquire
5000 Ritter Road, Suite 202
Mechanicsburg,P)~ 17055
P A Supreme Court ill No. 68735
Telephone: (717) 790-9546
Fax: (717) 790-6019
ATTORNEY FOR PLAINTIFF
LUIS FIGUEROA,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: No, 02-2962
MARIA RODRIGUEZ,
Defendant
: CIVIL ACTION - AT LAW
: CUSTODY
VERIFICATION
I, Luis Figueroa, hereby verifY that the statements made: in the foregoing Petition are true
and correct I understand that false statements herein are made subject to the penalties of 18 Pa,
C.S. g4904, relating to unsworn falsification to authorities,
Date: d/i/ hL/
, /
Signature: oLiii FI~im:;i / ,~_--.
LUIS FIGUEROA,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: No, 02-2962
MARIA RODRIGUEZ,
Defendant
: CNIL ACTION - AT LAW
: CUSTODY
CRRTTFTC'A TR OF SFRVT(:E
I, Jearme B. Costopoulos, Esquire, hereby certifY that this day I served a copy of the
attached petition upon the person, and in the marmer, indicated below, which service satisfies the
requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United
States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed
as follows:
Maria Rodriguez
710 North 19th Street
lIarrisburg,Pi\ 17103-1515
BY:
4'
DATED:
Y/Z( (rJ I
--
Jearme B. Costopoulos, Esquire
ATTORNEYFORPLAIN'TIFF
5000 Ritter Road, Suite 202
Mechanicsburg, P A 17055
Telephone: (717) 790-9546
P A Supreme Ct. ill No. 68735
EXHIBIT A
I: '
LUIS FIGUEROA,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 02-2962 CIVIL TERM
MARIA RODRIGUEZ,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this
(,+-
day of
fl1~~
, 2004, following a hearing
regarding custody of the parties' minor child, all prior Orders of Court in this matter are vacated
and it is hereby ORDERED and DECREED as follows:
1. Le2al Custody The parties, Luis Figueroa ("Father" hereinafter) and Maria Rodriguez
("Mother" hereinafter) shall share legal custody of their minor child, Luis Enrique
Figueroa ("the child" hereinafter). Each party shall hav(: an equal right, to be exercised
jointly with the other party, to make all major non-emergency decisions affecting the
child's general well-being including, but not limited to, all decisions regarding his health,
education and religion. Pursuant to the terms of Pa,C.S" 5309, each party shall be
entitled to all records and information pertaining to the child including, but not limited to,
medical, dental, religious or school records, the residenc(~ address of the child and of the
other parent. To the extent one parent has possession of any such records or information,
that parent shall be required to share the same, or copies thereof, with the other parent
within such reasonable time as to rnake the records and information of reasonable use to
the other parent.
2. Phvsical Custody Father shall have primary physical custody of the child, Mother shall
have partial custody of the child beginning the second weekend following the date of this
Order, to include every other weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m.
Mother may exercise additional periods of partial custody with the child at such other
times as the parties may mutually agree,
3. Christmas The Christmas holiday shall be divided into two segments. Segment A shall
be from December 24th at 12:00 p.m. until December 25th at 12:00 p.m. Segment B shall
be from December 25th at 12:00 p.m. until December 26th at 12:00 p.m. Mother shall
have Segment A in the year 2004 and all even years thereafter and Segment B in the year
2005 and all odd years thereafter. Father shall have Segment B in the year 2004 and all
even years thereafter and Segment A in the year 2005 and all odd years thereafter. This
section shall supersede any other schedule set forth in this Order.
4. Other Maior Holidays The parties shall alternate having partial custody of the child
from 9:00 a.m. to 5:00 p,m. during the following legal holidays: Easter, Memorial day,
Fourth of July, Labor Day, and Thanksgiving. This alternating holiday schedule shall
commence with Father having custody of the child Easter of2004. This section shall
supersede any other schedule set forth in this Order.
5. Mother's DaylFather's Day Mother's Day shall be with Mother, Father's Day shall be
with Father. This period of partial custody shall be from 9:00 a.m. until 5:00 p.m. This
section shall supersede any other schedule set forth in this Order.
6. Vacation Each party shall be entitled to up to two (2) weeks of vacation each year which
shall be taken non-consecutively, Vacation shall run from Friday at 5:00 p.m. to the
following Friday at 5:00 p,m, The parties shall provide I~ach other with thirty (30) days
written notice of their vacation plans to include the location and telephone number of
where they can be reached when on vacation. In the event that parties have schedule
overlapping or conflicting vacation times, the party first providing written notice to the
other party shall have their choice of the vacation time,
7. Place of Custody Exchanl!e All custody exchanges shall take place promptly at the
home of the child's maternal grandmother. The child :;hall not be transported in a motor
vehicle absent the use of a properly installed child's safety seat.
8. Alcohol and Drnl!s During any period of custody or partial custody, the parties shall not
possess or use any controlled substance, neither shall they consume alcoholic beverages
to the point of intoxication. The parties shall likewise assure that the child is not exposed
to other household members and guests who do not comply with this prohibition.
9. Notice of Whereabouts /Illness Each party shall keep the other reasonably informed of
the whereabouts of the child while with the other party. If a party spends the night away
from home, the non-custodial parent shall be provided ",rith an address and phone number
where the child will be staying. If either party has knowledge of illness or accident or
other serious circumstance affecting the welfare of the child, he or she shall promptly
notifY the other party of said circumstances,
10. Disl>aral!inl! Remarks Neither Father nor Mother shall rnake any disparaging remarks
regarding the other parent in the presence of the child, such as those that might tend to
alienate the affections of the child toward the other parent. Also, each parent shall inform
relatives and friends to also refrain from making any disparaging remarks regarding either
parent in the presence of the child.
11. Chanl!:e of Address/Phone Number Both Father and Mother shall provide each other
with their home phone numbers and must keep each other informed of any changes of
address or change of phone number. In the event either party has a change in their
residential address or telephone number, he or she shall notifY the other parent of the new
residential address and/or telephone number within forty-eight (48) hours of said change.
12. Telephone Contact with Child Both Parties shall have the right to reasonable telephone
contact with the child during the other party's period of custody or partial custody.
Neither party shall interfere with the other party's telephone contact with the child, Each
party shall provide phone numbers where the child can. be reached and shall make all
reasonable efforts to promptly retum calls or messages left by the child or by the other
party regarding the child.
13. JurisdictionlEnforcement The Cumberland County Court of Common Pleas shall retain
jurisdiction of this matter. This Order shall be enforceable by the Police Departments in
the communities where the parties reside and the Sheriffs Departments in the counties
where the parties reside.
BY THE COURT:
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Hon. Kevin A. Hess
ffiUE COpy fROM AECORO
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MAY 2 1 2004
LUIS FIGUEROA,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: No, 02-2962
MARIA RODRIGUEZ,
Defendant
: CIVIL ACTION - AT LAW
: CUSTODY
OROF.R OF C.OIJRT
AND NOW, this 7"- dayof
f'I1";
, 2004, upon consideration of
Plaintiff's Petition for Emergency Relief, it is hereby ordered that a rule is issued on the Defendant
to show cause why the attached Petition to for Ernergency Relief should not be granted.
Rule returnable
.2.0
days from service by the filing of a verified answer. Plaintiff
shall serve a copy of this order upon Defendant.
In the meantime, temporary sole physical and legal custody of the parties' minor child, Luis
Enrique Figueroa, shall be with Father, Luis Figueroa, subject to periods of supervised visitation
with Defendant, Maria Rodriguez, at either the Carlisle or Harrisburg YWCA visitation center.
Defendant shall be responsible to schedule the YWCA visits and to notifY Plaintiff of the dates
scheduled, not to exceed twice per week. Plaintiff shall ensure the child is present for the visits.
BY THE COURT:
r9L
l
FilED-OFF ICE
OF THE PROTI-'Ci.;Oli,rw
zany r::\ y 2li I'd; II: 33
CUI\<~"
LUIS FIGUEROA,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
02-2962 CIVIL
MARIA RODRIGUEZ,
Defendant/Petitioner
CUSTODY
IN RE: CROSS-PETITIONS FOR EMERGENCY RELIEF
ORDER
AND NOW, this I $' day of June, 2004, in consideration of the pending motions
of the parties, our order of May 24, 2004, is VACATED. The order of March 6, 2004, is
REINSTATED and this matter is referred to conciliation.
BY THE COURT,
Jeanne Costopoulos, Esquire
For the Plaintiff/Respondent
Ad
Grace D' Alo, Esquire
For the Defendant/Petitioner
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LUIS FIGUEROA
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
02-2962 CIVIL ACTION LAW
MARlA RODRIGUEZ
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Wednesday, July 28, 2004
, upon consideration of the attached Complaint,
, the conciliator,
at 8:30 AM
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq.
at 301 Market Street, Lemoyne, PA 17043 on Thursday, AUl(ust 26, 2004
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. Fai]ure 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 existinl~ Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl(.
FOR THE COURT,
By: Isl
Melissa P. Creevy, F.sq,
Custody Concihator
mhc
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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LUIS FIGUEROA,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CML ACTION - LAW
02-2962 CML
MARlA RODRIGUEZ,
Defendant/Petitioner
CUSTODY
IN RE: CROSS-PETITIONS FOR EMERGENCY RELIEF
ORDER
AND NOW, this /8" day of June, 2004, in consideration of the pending motions
of the parties, our order of May 24, 2004, is VACATED. The order of March 6,2004, is
REINSTATED and this matter is referred to conciliation.
BY THE COURT,
~J
Jeanne Costopoulos, Esquire,
For the PlaintifflRespondent
Grace D' Alo, Esquire
F or the Defendant/Petitioner
:rlm
AUG 3 0 2004 ~
LUIS FIGUEROA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
1\10. 02-2962 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
v.
MARIA RODRIGUEZ,
Defendant
ORDER OF COURT
AND NOW, this 26th day of August, 2004, the Pre-Hearing Custody Conference
previously scheduled for August 26, 2004 is continued. It is hereby directed that the parties
and their respective counsel appear before Melissa Peel C;reevy, Esquire, the Conciliator,
at 301 Market Street, Lemoyne, Pennsylvania 17043 on the 14th day of October, 2004
at 10:30 a.m. for a Custody Conciliation 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 a temporary order. Failure to
appear at the conference may provide grounds for entry of a temporary or permanent order,
DEFENDANT IS ADVISED THAT HER FAILURE TO ATTEND THE NEXT CUSTODY
CONCILIATION WILL RESULT IN THE DISMISSAL OF HER PETITION,
The court hereby directs the parties to furnish 21ny and all existing Protection
from Abuse Orders, Special Relief Orders and Custod:~ Orders to the Conciliator 48
hours prior to scheduled hearing.
FOR THE COURT:
(
BY: c..A/t1;f]h-
Melissa Peell Greevy, Esquire
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities 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,
"
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NO, 02-2962 CIVIL TERM
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 Assol:iation
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-31616
Dist:
Jeanne B. Coslopoulos, Esquire, 5000 Ritter Road, Suite 202, Mech,micsburg, PA 17055
Grace D'Alo, Esquire, 8 Irvine Row, Carlisle, PA 17013
. ~ 9.0/.6'1
~9-.
LUIS FIGUEROA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBEHLAND COUNTY, PENNSYLVANIA
NO, 02-2962 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
v,
MARIA RODRIGUEZ,
Defendant
CUSTODY CONCILIATION SUMMA.RY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits thl~ 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 THE CUSTODY OF
Luis Enrique Figueroa
October 19, 2000
Mother and Father
2. A Custody Conciliation Conference was heild on August 26, 2004 following
Mother's filing of a Petition for Special Relief on June 4" 2004, The following individuals
were in attendance: the Father, Luis Figueroa, and his counsel, Jeanne B, Costopoulos,
Esquire; Mother's counsel, Grace D'Alo, Esquire, The Mother, Maria Rodriguez, did not
attend,
3, About 15 minutes after the time that the Conference was to begin, Mother's
counsel received a telephone call that her client was unable to get her car to start and so
she was not able to attend the Conference, The Conft~rence was scheduled based on
Mother's Petition. The Custody Conciliation will be reschleduled to the next available date,
However, counsel were informed that if Mother fails to attend the next Conciliation, her
Petition will be dismissed. r.
g 1d.1/()f
Date
:234531
LUIS FIGUEROA,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
: CNIL ACTION - LAW
: 02-2962 CNIL
MARIA RODRIGUEZ
DefendantlPetitioner
: CUSTODY
NOTICE TO PLEAD
TO: Luis Figueroa
You are hereby notified to file a written response to the attached Preliminary
Objections to Plaintiffs Complaint within twenty (20) days from service hereof or a
judgment may be entered against you.
Date: I/-/t, -00
~~ ,2~~>~11
Geoffrey M. Biringe~ T
8 Irvine Row
Carlisle, P A 17013
(717)243-9400
Sup. Ct. ID#18040
LUIS FIGUEROA,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
: CIVIL ACTION - LAW
: 02-2962 CIVIL
MARIA RODRIGUEZ
Defendant/Petitioner
: CUSTODY
PRELIMINARY OBJECTIONS
Defendant/Petitioner, Maria Rodriguez, by her attorneys MidPenn Legal Services
and Geoffrey M. Biringer, hereby sets forth as follows:
1. Jurisdiction Over Subject Matter
1. Luis Figueroa has been pursuing custody of the child Luis Enrique Figueroa since
the filing of a Custody Complaint on June 2nd, 2002.
2. The child has been shared by the parties, at times, and most recently, has been in
the primary custody of Luis Figueroa.
3. Currently at issue are cross-petitions for Emergency Reliefwith each of the
parties seeking primary custody.
4. The natural mother, Maria Rodriguez, was unrepresented until May 26,2004, at
which time counsel filed its Petition for Special (Emergency) Relief, attaching a DNA
parentage test report indicating that Luis Figueroa could not be the natural father of the
child Luis Enrique Figueroa.
5. Luis Figueroa is not the natural father of the child, Luis Enrique Figueroa, born
October 19,2000, whose custody is the subject matter ofthe above-captioned action.
(DNA parentage test report attached hereto as Ex. "A.")
6. As a result, Luis Figueroa does not have the requisite standing to seek custody
through participation in the above-captioned action.
...
7. Luis Figueroa, in proceedings to date, has not shown a prima facie right to
custody.
8. Plaintiff/Respondent does not stand "in loco parentis" so as to acquire standing to
proceed in the above-captioned action.
WHEREFORE, Defendant/Petitioner prays that Plaintiff/Respondent's
Complaint be dismissed and full legal and physical custody of Luis Figueroa awarded to
her.
II. Lack Of Capacity To Sue
9. Paragraphs 1-8 are incorporated herein by reference hereto.
10. Plaintiff/Respondent Luis Figueroa is not the natural father of the child Luis
Figueroa and, as a result, does not have the capacity to sue the natural mother Maria
Rodriguez, for his custody.
11. In addition, Plaintiff/Respondent Luis Figueroa has not acted as a parent toward
the child Luis Figueroa so as to establish that he has the capacity to sue the natural
mother Maria Rodriguez, for his custody.
WHEREFORE, Defendant/Petitioner prays that Plaintiff/Respondent's Complaint be
dismissed and full legal and physical custody of Luis Figueroa awarded to her.
MIDPENN LEGAL SERVICES
By: . f ~f/..u' 4tr 7i.A~~~~j
G~B~nger . ~ '-7'-"1
8 Irvine Row
Carlisle, P A 17013
(717)243-9400
Sup. Ct. ID#18040
.
DNA
DIAGNOSTICS
CENTER
DNA Parentage
Test Report
Name
CHILD
Luis Enrique Figueroa
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; Case 208974
Report Date
4/5/2004
Alleged FATHER
Mannix Manuel Martinez
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223 28 31,2 28
0.96 10 12 10
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; D381358 0.65 15 18 14
: TH01 1.88 6 9 9
,0138317 4.47 11 11
10168539 1.83 11 9
:: 0281338 1.80 23 24 17
; 0195433 3.99 12 13 12
~ VWA 1.57 16 15
'iTPOX 1.45 8 11 8
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; FGA 1.94 21 24 21 22 \
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Race
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3-23-04
208974-30
~ Test No. 208974-20
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Interpretation
Combined Paternity Index 68,896
Probability of Paternity 99.998%
13
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The alleged father is not excluded as the biological father of the child named above. Based on
testing results obtained from analyses of the DNA loci listed, the probability of patel11ity is
99.998%. This probability of paternity is cukulated by comparing to an untested, random
individual of the Hispanic population (assumes prior probability equals 0.50).
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~s stant Laboratory Director
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FAIRFIELD
OHIO
450] 4
n'Il'NE: 513.881 7800
FAX: 513.8:'1 7::;lll
, ..
CERTIFICATE OF SERVICE
I, Geoffrey M. Biringer, hereby certify that I am this/6ttday of November,
2004, serving a copy of the foregoing Notice to Plead and Preliminary Objections upon
counsel for Plaintiff, Jeanne Costopoulis, by mailing a true and correct copy of the same
to counsel for the Plaintiff at the following address by first-class U.S. mail, postage
prepaid:
Jeanne Costopoulos
5000 Ritter Road, Suite 202
PO Box 779
Mechanicsburg, P A 17055
~;~
8 Irvine Row
Carlisle, P A 17013
(717)243-9400
Sup. Ct. ID#18040
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NOV 1 9 2004
LUIS FIGUEROA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
1\10. 02-2962 CIVIL TERM
v.
CIVIL ACTION - LAW
MARIA RODRIGUEZ,
IN CUSTODY
Defendant
HESS, J. ---
TEMPORARY ORDER OF COURT
AND NOW, this ;Jo' day of November, 2004, upon consideration of the
attached Custody Conciliation Summary Report, it is h\9reby ordered and directed as
follows:
1. A hearing on Defendant's Preliminary Objections is schedul
NUlpber 4 of the Cumberland cou, Courthouse, on the;( [(~ day of ,
20<T4( at Ii 30 o'clock .M., at which time testimony will be aken. Fo the
purposes of the hearing, the Mother, Maria Rodriguez, shall be deemed to be the moving
party and shall proceed initially with testimony. Counsel for the parties or the parties pro se
shall file with the Court and opposing counsel/party a memorandum setting forth each
party's position on standing, a list of witnesses who are expected to testify at the hearing,
and a summary of the anticipated testimony of each witness. These memoranda shall be
filed at least ten days prior to the hearing date.
BY THE COURT: 1...
//;./
Dist: ..d"eanne B, Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055
,yeoffrey Biringer, Esquire, 8 Irvine Row, Carlisle, PA 17013
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NOV 1 9 2004
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2962 CIVIL TERM
LUIS FIGUEROA,
v.
CIVIL ACTION - LAW
MARIA RODRIGUEZ,
IN CUSTODY
Defendant
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 THE CUSTODY OF
Luis Enrique Figueroa
October 19, 2000
Father
2. The parties' third Custody Conciliation Confe~rence was held on October 28,
2004 with the following individuals in attendance: the Plaintiff, Luis Figueroa, and his
counsel, Jeanne B. Costopoulos, Esquire; the Mother, Maria Rodriguez, and her counsel,
Geoffrey Biringer, Esquire. The parties have participated in Custody Conciliation
Conferences on July 30, 2002 and on October 27, 2003. On the first occasion, the parties
reached an agreement. On the second occasion, the parties did not reach an agreement
and a hearing was held. Subsequent to that hearing, an Order dated March 6, 2004
awarded primary physical custody of the child to the Plaintiff. This Order identified the
Plaintiff as Father. A DNA Parentage test was performed on March 23, 2004 which results
determined that the child's biological father was Mannix Martinez to a certainty of 99.998%
probability. From the inception of this action in 2002, MothE~r participated in two (2) Custody
Conciliation Conferences without filing any preliminary objl3ctions to the Plaintiff's standing
to bring a custody action.
3. The parties were not able to reach an agreement regarding Mother's June 4,
2004 Petition for Special Relief which had been referred to the Conciliator by the Court.
Accordingly, a hearing will be necessary.
4. Plaintiff's position on custody is as follows: Following an Order of June 18,
2004, the Plaintiff was granted primary physical custody and this Court's Order of March 6,
2004 was reinstated. Mr. Figueroa wants to retain primary custody of the child citing
concerns regarding the stability of Mother's living arrangements, her history of failing to
- --
NO. 02-2962 CIVIL TERM
return the child in accordance with the Order, and concerns about Mother's mental health
and possible history of drug and alcohol use. Plaintiff resides with his mother and is
presently employed from 11 :00 p.m. to 7:00 a.m. at a new job which he obtained through a
temporary employment agency. He is presently placed at Excel Logistics. The Plaintiff
claims to have been the primary custodial parent and claims to have been standing in loco
parentis to the child. Although Plaintiff has been informed that Mother is taking the position
that because he is not the biological father of the child, the child should be returned to her
primary care, Plaintiff sees her as being estopped from denying his paternity because this
issue was only recently raised before the Court and raised after the parties had agreed to
Orders in previous Conciliations which named him as the father of the child. Plaintiff also
points out that Mother has collected child support from him for the support of this child.
5. Mother's position on custody is as follows: Mother is working at the Parkside
Cafe from 4:00 p.m. to 10:00 p.m. each day and on alternating weekends. She resides in
Harrisburg with her mother. She claims to have been the primary caregiver to this child
from birth until March of 2004. While she denies that the Plaintiff is the father of the child
and produces results of a paternity test identifying another man as the biological father, she
nonetheless is willing to agree to an Order that would give her primary physical custody and
partial custody to the Plaintiff. Counsel intends to file preliminary objections to Plaintiff's
standing a~ ;;;;d;;earing on that iSSU~f~!Y/
Date L-- Melissa Peel Greevy, Esquire
Custody Conciliator
:238604
o
LUIS FIGUEROA,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: No. 02-2962 CIVIL
MARIA RODRIGUEZ,
Defendant
: CIVILACTION.-ATLAW
: CUSTODY
PI ,.4.INTIFF'S RF'sPONSF TO DFFRND.4. NT'S
PRFI.1M1N .4.RV OR.TF.(;TIONS TO PI..4. INTU'F'S (;OMPI..4. INT
AND NOW, the Plaintiff, Luis Figueroa, by and through his attorney, Jeanne B. '
Costopoulos, Esquire, makes the following response to Preliminary Objections to Plaintiff's
Complaint:
1. Admitted in part; denied in part. It is admitted that Plaintiff formally filed a
Complaint in Custody on June 2, 2002. It is denied that he had not pursued custody
informally prior to that time and strict proof thereof is demanded. By way of further
answer, Plaintiff had been informally pursuing custody since the parties separated
2. Admitted in part; denied in part. It is admitted that the child has been shared by the
parties at times, it is specifically denied that Defendant has spent more time with the
child than Plaintiff since the parties separated and strict proof thereof is demanded. It
is admitted that Plaintiff currently has primary custody of the child.
3. Admitted in part; denied in part. It is admitted that: currently at issue are cross-
petitions for Emergency Relief and that Defendant is seeking primary custody,
however since Plaintiff already has primary custody he is not currently seeking it, but
rather is trying to further limit Defendant's partial custody due to multiple instances
of contempt on the part of Defendant.
4. Admitted.
5. Admitted in part; denied in part. It is admitted that Defendant has presented a DNA
parentage test report which she has attached to her Preliminary Objections as Exhibit
A. It is denied that Plaintiff has accepted as valid Defendant's report and strict proof
thereof is demanded.
6. The averments contained in paragraph 6 of Defendant's Preliminary Objections
constitute a legal conclusion to which no response is required.
7. The averments contained in paragraph 7 of Defendant's Preliminary Objections
constitute a legal conclusion to which no response is required.
8. The averments contained in paragraph 8 of Defendant's Preliminary Objections
constitute a legal conclusion to which no response is required.
9. No response required.
10. Denied. It is denied that Plaintiff is not the natural father of the child and strict proof
thereof is demanded. The remaining averments contained in paragraph 6 of
Defendant's Preliminary Objections constitute a legal conclusion to which no
response is required.
11. Denied. It is denied that Plaintiff has not acted as a parent toward the child. The
remaining averments contained in paragraph 6 of Defendant's Preliminary Objections
constitute a legal conclusion to which no response is required.
WHEREFORE, the Plaintiff respectfully requests this Honorable court to dismiss
Defendant's preliminary objections.
RESPECTFULLY SUBMITTED:
......,
BY: J~osto~
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
PA Supreme Court ID No. 68735
Telephone: (717) 790-9546
Fax: (717) 790-6019
ATTORNEY FOR PLAINTIFF
Dated: (/C(j!O Y
LUIS FIGUEROA,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 02-2962 CIVIL
MARIA RODRIGUEZ,
Defendant
: CIVIL ACTION - AT LAW
: CUSTODY
CF.RTlFTCA TF. OF SF.RVT(:E
I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the
foregoing document upon the person, and in the manner, indicatc;xl below, which service satisfies
the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the
United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and
addressed as follows:
Geoffrey M. Biringer, Esquire
8 Irvine Row
Carlisle, PA 17013
-------...
BY:
Dated:
/Z/J/()I
Jeanne B. Costopoulos, Esquire
5000 Ritter Road,. Suite 202
Mechanicsburg, P A 17055
P A Supreme Court ill No. 68735
Telephone: (717) 790-9546
Fax: (717) 790-6019
ATTORNEY FOR PLAmTWF
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LUIS FIGUEROA,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:CNIL ACTION - LAW
NO. 02-2962 CIVIL
MARIA RODRIGUEZ,
DEFENDANT
CUSTODY
MOTION FOR RECONSIDERATION
Defendant, Maria Rodriguez, requests that the Court reconsider and amend its Order of
March 11, 2005, in the above captioned case for reasons including the following:
I. This Court issued an Order on March 6, 2004, granting primary custody to the Plaintiff
and partial custody to the Defendant.
2. The Plaintiff filed a Petition for Emergency Relief on May 21, 2004, seeking sole legal
and physical custody with supervised visitation for the Defendant, after learning the results
of a blood test showing that the Plaintiff was not the child's biological father.
3. On May 24,2004, pending a hearing, this Court issued a Rule to Show Cause and granted
the Plaintiffs request for sole custody with supervised visitation for the Defendant.
4. On June 18,2004, this court vacated the May 24,2004 Order and reinstated the March 6,
2004 Order granting primary custody to the Plaintiff and partial custody to the Defendant.
5. The Defendant filed Preliminary Objections on November 16, 2004.
6. The hearing on the Preliminary Objections was held on January 28,2005.
7. This Court issued a decision on the preliminary objections on March 11,2005.
8. The March 11,2005 Opinion and Order states, "Either party may submit a proposed order
setting this matter for hearing."
9. The decision by this Court recognizes that Plaintiff is not the biological father and that
primary custody may be properly vested with the mother, Maria Rodriguez,
..~
10. Since the date of the hearing, Plaintiff and Defendant have shared custody on a week on,
week off basis.
11. In light of the court's decision, the Defendant asks this Court to return primary custody to
the Defendant with visitation for the Plaintiff to be determined at the hearing set forth in
the attached Order.
WHEREFORE, Plaintiff requests Reconsideration of the matter and amendment of the
March II, 2005 Order consistent with the above Motion for Reconsideration.
Res,Eectfully submitted,
MID\E,NN LEGAL.. YICES n
, <;? \" C~0
, Alo, Attorney or Defendant
.'
VERIFICA nON
The above-named DEFENDANT, Maria Rodriguez, verifies that the statements made in
the above Motion for Reconsideration are true and correct. The Defendant understands that false
statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn
falsification to authorities,
Date:
Lf 1,30) C&
~~o ~~
aria Rodriguez '-
. , -
LUIS FIGUEROA,
Plaintiff
: IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY,
:PENNSYL VANIA
: NO. 02-2962 CIVIL TERM
v.
: IN CUSTODY
MARIA RODRIGUEZ,
Defendant
CERTIFICATE OF SERVICE
I, Grace E. D' Alo, of MidPenn Legal Services, attorney for the Defendant, Maria
Rodriguez, hereby certifY that I have served a copy of the foregoing Motion and Order on
the following date and in the manner indicated below;
u.s. First Class Mail. Postage Pre-Paid
Jeanne B. Costopoulos
5002 Ritter Road
Suite 202
Mechanicsburg, P A 17055
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LUIS FIGUEROA,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
02-2962 CIVIL
MARIA RODRIGUEZ,
Defendant/Petitioner
CUSTODY
IN RE: PRELIMINARY OBJECTIONS OF THE DEFENDANT
BEFORE HESS, J.
ORDER
AND NOW, this /1' day of March, 2005, the preliminary objections of the defendant
raising issues of standing are DENIED. Either party may submit a motion and proposed order
setting this matter for hearing.
BY THE COURT,
_ Jeanne Costopoulos, Esquire
For the Plaintiff/Respondent
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ffiace D' Alo, Esquire
For the Defendant/Petitioner
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LUIS FIGUEROA,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
02-2962 CIVIL
MARIA RODRIGUEZ,
Defendant/Petitioner
CUSTODY
IN RE: PRELIMINARY OBJECTIONS OF THE DEFENDANT
BEFORE HESS. 1.
OPINION AND ORDER
Before the court are the preliminary objections of the defendant raising the issue of
whether the plaintiff, Luis Figueroa, has standing in this custody case. The extremely thorough
brief, filed on behalf of the defendant, Maria Rodriguez, sets forth detailed findings of fact which
the court finds to be supported by the record. We will summarize them.
The child, Luis Figueroa, was born at York Hospital, York, Pennsylvania, on October 19,
2000. At no time did the plaintiff live with Maria Rodriguez or with Maria Rodriguez and the
child as a family unit He did not attend doctors' visits when Ms. Rodriguez was pregnant nor
was he present at the child's birth. Following his birth, Luis resided with his mother at the home
of the maternal grandmother on North Third Street in Harrisburg. For some months after the
birth, Ms. Rodriguez continued to have a relationship with Mr. Figueroa. Mr. Figueroa was
living with his mother in Mechanicsburg. During this time period, Mr. Figueroa had very little
to do with the child who bore his name. During the entire first year of Luis's life, Mr. Figueroa
saw the child only occasionally. He did not pay support nor did he provide food or clothing. In
fact, it was not until Mother's Day of 2002 that the plaintiff indicated that he wished to see more
of Luis. Around that time, Ms. Rodriguez asked the plaintiff to submit to a blood test to
determine paternity, there being a question all along as to whether Mr. Figueroa was Luis's
NO. 02-2962 CIVIL
father. He refused to take the test. Since that time and, specifically, since April of 2004, it has
become apparent through DNA testing that one Mannix Martinez is the biological father ofthe
child. Luis accepts and understands that Mr. Martinez is his "daddy" and has begun to call Mr.
Figueroa by his first name.
Were this the full extent of the background of this case, we would agree entirely with the
analysis advanced by counsel for the mother. We agree, for example, that Mr. Figueroa would
not have acted in loco parentis. Nor, could the plaintiff establish that he should be considered a
parent by estoppel. There is more, however, to the history of this matter.
As noted in the factual findings proposed by the defendant, the plaintiff filed a complaint
in custody on June 20, 2002, in which he averred, among other things, that he was the natural
father of the child. He and Ms. Rodriguez attended a conciliation session in July of2002. Ms.
Rodriguez had not retained nor was she represented by counsel at the conciliation. On August 9,
2002, as a result of an understanding reached at conciliation, an order was entered granting the
parties, Luis Figueroa and Maria Rodriguez, virtually 50/50 shared physical and legal custody of
the child, Luis. On September 16,2003, the plaintiff filed a petition to modify custody. On
March 6, 2004, a hearing was held and the court granted the plaintiff primary physical custody
with partial custody in the defendant every other weekend. In May and June of 2004, apparently
after the parties learned of blood test results confirming the paternity of Mr. Martinez, both filed
cross-petitions for special relief. Notwithstanding, the March 6, 2004 order was eventually
reaffirmed by the court and the case was referred to conciliation. No agreement was reached at
conciliation and cross-motions for custody have come before the court.
Rather than proceeding to a hearing on the merits, the defendant has interposed
preliminary objections raising the question of standing. The defendant's otherwise correct
2
NO. 02-2962 CIVIL
analysis ofthe law in this area virtually ignores the fact that Mr. Figueroa has spent at least equal
time with the child, Luis, for two and a half years. The defendant observes, almost in passing,
that it "simply does not follow that because plaintiff was able to prosecute a custody case
virtually unopposed for two years that Maria Rodriguez acquiesced to plaintiffs parental status."
Would her position be the same if it had been three years? Or five years? Or ten years?
The defendant properly relies upon the case of Campbell v, Campbell, 672 A.2d 835
(Pa.Super. 1996). In that case, grandparents, concerned about the care being received by their
grandchildren, filed a petition for visitation or partial custody against the mother. In March of
1994, pursuant to a negotiated agreement between the mother and the grandparents, the Common
Pleas Court ordered the parties to share legal custody. The mother was awarded primary
physical custody and the grandparents were given partial physical custody every third weekend,
one-half of the summer vacation, and various other school vacations. The mother did not appeal.
The grandparents eventually sought physical custody of the children. In January of 1995, the
Common Pleas Court awarded primary physical custody to the grandparents and partial physical
custody to the mother. On appeal, the mother raised the issue of standing. The Superior Court
rejected her argument.
Clearly, there is no issue of standing in this case.
Grandparents were granted joint legal custody of
these children with Mother's agreement in March,
1994. Mother never appealed that order of
custody. Having joint legal custody of the children
and partial physical custody, Grandparents clearly
had standing to seek primary physical custody. See
Tracey L. v. Mattye F., _Pa.Super. _'_'
666 A.2d 734 (1995) (third party, who not only
acted in loco parentis but previously was awarded
custody, clearly had standing to challenge custody
order); Walkenstein v, Walkenstein, supra
(Grandmother established her standing since she
3
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NO. 02-2962 CIVIL
was granted custody of child by court order, and
order never was appealed).
Id. at 837. In this case, also, there was a custody order from which there was no appeal.
It is no doubt true that Ms. Rodriguez's position in this litigation would have been
advanced sooner and more effectively had she been represented by counsel earlier. On the other
hand, her suggestion that Mr. Figueroa now figures prominently in the life of Luis because she
was somehow overwhelmed by the legal system is belied by her prior actions in this case.
It may well be, at the end of the day, that Ms. Rodriguez should become this child's
primary custodian. We will not prejudge this issue but observe that there are now many factors
acting as a father to Luis, no hearing has been held in which the depth of his newfound affection
which have come together to complicate the question of what is in Luis's best interest. It is now
apparent that Mr. Figueroa is not Luis's natural father. His real father, Mannix Martinez, has
recently been released from jail. While Mr. Martinez has told others that he has an interest in
could be plumbed. In fact, the court has never laid eyes on Mr. Martinez. We are, instead, asked
to extinguish a child's relationship with the only father figure he has ever known on the basis
that that father figure has no standing in court. This we decline to do.
The defendant's brief cites to (but agrees that Pennsylvania has not adopted) the
American Law Institute Principles of the Law of Family Dissolution: Analysis and
Recommendations (American Law Institute, 2002). To the extent that they mirror Pennsylvania
law, the Principles may provide us some guidance in this case. I Even the Principles cannot be
applied in a case where the facts have yet to be determined. In the meantime, we prefer to take
the risk that Luis will have two fathers rather than no father at all.
t See particularly Section 2.18 Allocations of Responsibility to Individuals Other Than Legal Parents,
4
. '
NO. 02-2962 CIVIL
ORDER
AND NOW, this {I" day of March, 2005, the preliminary objections of the defendant
raising issues of standing are DENIED. Either party may submit a motion and proposed order
setting this matter for hearing.
BY THE COURT,
Jeanne Costopoulos, Esquire
F or the Plaintiff/Respondent
Grace D' Alo, Esquire
For the Defendant/Petitioner
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RECEIVED MAY 2 0 2005
,In/l
: IN THE COURT OF COMMON PLEAS ~ Ii
:OF CUMBERLAND COUNTY, \
:PENNSYL VANIA
LUIS FIGUEROA,
: NO. 02-2962 CIVIL TERM
v.
: IN CUSTODY
MARIA RODRIGUEZ,
Defendant
ORDER
AND NOW, this .?:7....dayof n?a.; 2005, upon consideration ofthe Defendant's
Motion for Hearing, the Court schedules this matter to be heard, in Courtroom No.4. of the
Cumberland County Courthouse on the I t;1A day of 'du"".t. , 2005, at '1;'3 () o'clock,
-4--.m.. Pending the hearing, Plaintiff and Defendant shall share legal and physical custody of
the child, Luis Figueroa, on alternating weeks, with Dc.fd'ldllllt'~ iiFot week sf elistsa) b,~illfliHg
l3B tfie :f1ut Sanda} fvUuw.Lul$ HJ,\,,> dol,-- \JftiJ.~J OJ.<K.r. II(J 4e---e-h~....-c....
By the Court,
JAd
Grace E. D'Alo Attorney at Law
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
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LUIS FIGUEROA,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 02-2962
MARIA RODRIGUEZ,
Defendant
CIVIL ACTION - AT LAW
CUSTODY
TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID COURT:
MOTION FOR C:ONTINllANC:F.
AND NOW, comes the Plaintiff, Luis Figueroa, by and through his attorney, Jeanne B.
Costopoulos, Esquire, and respectfully represents the following in support of this motion:
I, Defendant filed a Motion for Hearing on May 20, 2005.
2. An Order was entered May 23,2005 scheduling a hearing regarding Defendant's petition on
June 16,2005 at 9:30 a.m.
3, Undersigned counsel specially scheduled a vacation with her father from June 9, 2005 through
June 20, 2005 to take advantage of both her father's birthday on June 13th as well as Father's
Day on June 19th. As undersigned counsel is her father's only child and no one other than
undersigned counsel plans be vacationing with her father for his birthday or on Father's Day, it
would be very disappointing to have to cancel the vacation.
4, No prior continuances have been requested by Plaintiff and the current interim order provides
for shared physical custody. Therefore, no prejudice to Defendant will result if a continuance is
granted.
WHEREFORE, Plaintiff and his counsel respectfully request this Honorable Court to
continue the June 16,2005 hearing to a later date,
Date:
----
BY:
5/77/0J-
.
RESPECTFULLY SUBMITTED:
Je e B. Costopoulos, Esquire
Pa. Supreme Court ID No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, P A 17055
Telephone: (717) 790-9546
ATTORNEY FOR PLAINTIFF
LUIS FIGUEROA,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 02-2962
MARIA RODRIGUEZ,
Defendant
: CIVIL ACTION - AT LAW
: CUSTODY
A TTORNRV VF.RTFTCA nON
Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states
that:
1. She is the attorney of record for Luis Figueroa, Plaintiff.
2. She is authorized to make this verification on his behalf.
3. The facts set forth in the foregoing motion are known to her and not necessarily to her
client.
4. The facts set forth in the foregoing motion are true and correct to the best of her
knowledge, information, and belief.
5. She is aware that false statements herein are made subject to the penalties of 18
Pa.C.S. 4904 relating to unsworn falsification to authorities.
BY:
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------
Je~e B. Costopoulos, Esquire
Pa. Supreme Court ID No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, P A 17055
Telephone: (717) 790-9546
ATTORNEY FOR PLAINTIFF
Date:
//?7 j;;,y
LUIS FIGUEROA,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 02-2962
MARIA RODRIGUEZ,
Defendant
: CIVIL ACTION - AT LAW
: CUSTODY
CRRTTFTCATF. OF SRRVTCF.
I, Jeanne B. Costopoulos, Esquire, hereby certifY that I am this day serving a copy of the
foregoing document upon the persons, and in the manner, indicated below, which service
satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy ofthe same
with the United States Pcist Office at Mechanicsburg, Pennsylvania, through first class mail,
prepaid, and addressed as follows:
Grace D'Alo, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
BY:
~ ---
J~anne B. Costopoulos, Esqui~
Pa. Supreme Court ID No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone: (717) 790-9546
ATTORNEY FOR PLAINTIFF
Date:
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LUIS FIGUEROA,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 02-2962
MARIA RODRIGUEZ,
Defendant
: CIVILACTION-ATLAW
: CUSTODY
ORnKR OF COTJRT
AND NOW, this . :{/,J-Alay of enl ~
, 2005, upon consideration of
Plaintiff's Motion for Continuance, it is hereby Ordered that said motion and granted and the
hearing originally scheduled to take place on June 16,2005 at 9:30 a.m. is continued until the /7-f1'
day of OAAj"'b<I-:f_ ,2005, at 9; .X' Cl .m. in Courtroom No.4 of the Cumberland
County Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
BY THE COURT:
A.J.
Distribution:
Jeanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, P A 17055
Grace D' Alo, Esquire, MidPenn Legal Services, 8 Irvine Row, Carlisle, P A 17013
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LUIS FIGUEROA,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 02-2962
MARIA RODRIGUEZ,
Defendant
CIVIL ACTION - AT LAW
CUSTODY
TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID COURT:
MOTION FOR CONTTNTJANCF.
AND NOW, comes the Plaintiff, Luis Figueroa, by and through his attorney, Jeanne B.
Costopoulos, Esquire, and respectfully represents the following in support of this motion:
I. Defendant filed a Motion for Hearing on May 20, 2005.
2. An Order was entered May 23, 2005 scheduling a hearing regarding Defendant's petition on
June 16,2005 at 9:30 a.m.
3. Undersigned counsel specially scheduled a vacation with her father from June 9, 2005 through
June 20, 2005 to take advantage of both her father's birthday on June 13th as well as Father's
Day on June 19th. As undersigned counsel is her father's only child and no one other than
undersigned counsel plans be vacationing with her father for his birthday or on Father's Day, it
would be very disappointing to have to cancel the vacation.
4. No prior continuances have been requested by Plaintiff and the current interim order provides
for shared physical custody. Therefore, no prejudice to Defendant will result if a continuance is
granted.
WHEREFORE, Plaintiff and his counsel respectfully request this Honorable Court to
continue the June 16, 2005 hearing to a later date.
"
Date:
BY:
5" /77/05'
.
RESPECTFULLY SUBMITTED:
Je e B. Costopoulos, Esquire
Pa. Supreme Court ill No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone: (717) 790-9546
ATTORNEY FOR PLAINTIFF
-,
LUIS FIGUEROA,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 02-2962
MARIA RODRIGUEZ,
Defendant
: CIVIL ACTION - AT LAW
: CUSTODY
ATTORNF.V VRRTFTCATION
Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states
that:
1. She is the attorney of record for Luis Figueroa, Plaintiff.
2. She is authorized to make this verification on his behalf.
3. The facts set forth in the foregoing motion are known to her and not necessarily to her
client.
4. The facts set forth in the foregoing motion are true and correct to the best of her
knowledge, information, and belief.
5. She is aware that false statements herein are made subject to the penalties of 18
Pa.C.S. 4904 relating to unsworn falsification to authorities.
BY:
.~
------
Je~e B. Costopoulos, Esquire ....
Pa. Supreme Court ill No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone: (717) 790-9546
ATTORNEY FOR PLAINTIFF
Date:
rl?7 ICy
"f.
LUIS FIGUEROA,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 02-2962
MARIA RODRIGUEZ,
Defendant
: CIVIL ACTION - AT LAW
: CUSTODY
CRRTTFTCATF. OF SFRVTCF.
I, Jeanne B. Costopoulos, Esquire, hereby certifY that I am this day serving a copy of the
foregoing document upon the persons, and in the manner, indicated below, which service
satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same
with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail,
prepaid, and addressed as follows:
Grace D' Alo, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
BY:
~----
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Jeanne B. Costopoulos, Esquire
Pa. Supreme Court ID No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg,PA 17055
Telephone: (717) 790-9546
ATTORNEY FOR PLAINTIFF
Date:
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LUIS FIGUEROA, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS NO. 02-2962 CIVIL TERM
MARIA RODRIGUEZ, CIVIL ACTION - AT LAW
Defendant
ORDER OF COURT
AND NOW, this 17th day of August, 2005, this matter
having been called for hearing, by agreement of the parties, the
existing custody orders in this case are amended to provide that
the parties shall share legal and physical custody of the child
Luis Enrique Figueroa, born 6ctober 19th, 2000. Physical custody
shall be shared on a week on/week off basis. This order is entered
with the understanding that the child will attend preschool/school
in the school district of the Mother.
By the Court,
Ai
Hess, J.
~eanne B. Costopoulo , Esquire
5000 Ritter Road, Suite 202, Box 779
Mechanicsburg, PA 17055
For Plaintiff
~ace D'Alo, Esquire
MiddPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
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