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HomeMy WebLinkAbout02-4789AARON VASSAR, VS. MUR1EL VASSAR, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBE~ COUNTY, PENNSYLVANIA :NO. 0;).- : CIVIL ACTION - LAW : CUSTODY NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divome or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may Jose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, PA 17013-3387 (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estats demandas expuestas en las pag/nas siquientes, usted tiene, veinte (20) dias de plazo al partir de lag fecha de las demanda y la nofificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archival en la corte en forma escrita sns defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si nsted no se defiende, la corte tomarti med. idas y puede entrar una 6rden contra usted sin previo aviso o notificacion y pot cualquier queja o aiivio que es pedido en la peticion de demanda, usted puede perder dinero o sus propiedades o otros derechos importantes para usted. Page 1 of 2 LLEVE ESTA DEMANDA A UN ABODAGO 1NMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4t~ Floor Carlisle, PA 17013-3387 (717) 240-6200 ~ich~el-D. Rentschler, ~squire Attorney for Plaintiff Page 2 of 2 AARON VASSAR, VS. MURIEL VASSAR, Plaintiff Defendant : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ::N°' : CIVIL ACTION - LAW : CUSTODY COMPLAINT FOR CUSTODY AND NOW, thi~_~'~y of October, 2002, comes the Plaintiff, Aaron Vassar, by her attorney Michael D. Rentschler, Esquire, and respectfully requests the following: 1. Your Plaintiffis Aaron Vassar, an adult individual, who currently resides at 13 Poplar Street, Worruleysburg, Cumberland Cotmty, Pennsylvania. 2. The Defendant is Muriel Vassar, an adult individual, who currently resides at 4368 Kansas Street, Apt 1, San Diego, CA 92104. 3. The Plaintiff and Defendant are the natural parents of one minor child, namely, Aaron Christopher Jounte Vassar, bom February 28, 1992, in California (hereinafter "Child"). 4. There is a custody order dated fi.om Califomi~ A true and correct copy of said Order is incorporated herein, made a part hereof, and attached as Exhibit "A". Defendant has agreed to permit Plaintiff to enroll Child in Pennsylvania. Contemporaneous with the filing of this Complaint is an Emergency Relief Petition, which requests that an Order be issued based on immediate educational needs for child. Said Order for Custody is necessary to enroll the Child in school. Child did not attend school in California last year, is not enrolled in school this year, and has missed the first month of school this year. 5. In addition to the immediate need to obtain a custody Order to authorize his enrollment in the West Shore School District, the Plaintiff, Aaron Vassar, believes it is in Child's best interest that he be granted primary physical custody of the Child, with partial custody rights granted to the Defendant Muriel Vassar, for the following reasons: a. Plaintiffbelieves that the Child has been abused while living with the Defendant; b. Defendant has not adequately provided for the Child in that the Child has not been attending school, or otherwise receiving adequate educational training, c. As a result of the lack of educational training, it is believed and, therefore, aveired that the Child does not posses the necessary knowledge to attend a grade level commensurate with his chronological age. d. The Plaintiffhas a home with suitable arrangements for the minor child to reside with him, and e. Defendant has permitted Child to live in Pennsylvania with Plaintiff. 7. The minor child has resided at numerous addresses in the San Diego, California area over the last five years. 8. The Court of Conunon Pleas of Cumberland County has jurisdietion in this case as a result of the emergency relief as the Defendant and the minor child resides in Cumberland County, Pennsylvani~ 9. There has been no prior action for custody of the minor child in Pennsylvania. WHEREFORE, Plaintiff, Aaron Vassar, by his attorney Michael D. Rentschler, Esquire, respectfully prays your Honorable Court to grant him primary physical custody and joint legal custody of his child, Aaron Christopher Jounte Vassar. Respectfully submitted, MICHAEL D. RENTSCHLER, ESQUIRE Attorney I.D. No. 45836 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Attorney for Plaintiff 2 VERIFICATION I, Aaron Vassar, Plaintiff herein, do hereby acknowledge that the statements contained in the within Complaint for Custody are tree and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: Aaron C. Vassar, Plaintiff AARON VASSAR, VS. MURIEL VASSAR, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : C1VIL ACTION - LAW : EMERGENCY RELIEF - CUSTODY CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing document by depositing a copy of the same in first class mail, postage prepaid, addressed to: Muriel Vassar 4368 Kansas Street, Apt 1 San Diego, CA 92104 Date: MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff AARON VASSAR VS. MURIEL VASSAR Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~ ~ -- ,~/Td~c~ : CIVIL ACTION - LAW : CUSTODY PLAINTIFF'S PETITION FOR SPECIAL/EMERGENCY RELIEF TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this /_~TZday of October, 2002, comes Aaron Vassar, Plaintiffherein, by and through his attorney, Michael D. Rentschler, Esquire, who files the within Petition for Special/Emergency Relief by respectfully averring as follows: 1. Plaintiff Aaron Vassar is an adult individual who currently resides at 13 Poplar Street, Wormleysburg, Cumberland County, Pennsylvania. 2. Defendant Muriel Vassar is an adult individual who currently resides at 4368 Kansas Street, Apt. 1, San Diego, California 92104. 3. The parties are the natural parents of one child, namely, Aaron Christopher Jounte Vassar, who was bom on February 28, 1992, hereinafter referred to as Child. Plaintiffand Defendant are divorced. 4. There is a Custody Order which defines the custody of the child. A tree and correct copy of that Order is incorporated herein, made a part hereof and attached as Exhibit "A". 5. Defendant expressed to Plaintiff, both verbally and in writing, that she wants Child to live with Plaintiff and to attend school in Pennsylvania. A tree and correct copy of Defendant's letter to Plaintiff, dated September 18, 2002, expressing the agreement to have Child transported and to live with Plaintiff, is incorporated herein, made a part hereof and attached as exhibit "B". 6. The Plaintiff pumhased an airline ticket for Child and Child's paternal grandmother to have them flown to Pennsylvania. The Child and his paternal grandmother amved in Pennsylvania on September 22, 2002. Paternal grandmother returned to California. 7. Plaintiff attempted to enroll Child in the West Shore School District and was unable to do so because he does not posses an Order that provides him with custody of Child. 8. Child did not attend school last year while he has been in California with his mother, nor has he been enrolled in school this academic year. Although the Child has presumably been "home schooled" by Defendant, that "schooling" consists of babysitting his two younger siblings and playing on the computer. 9. The Plaintiff believes, and therefore, avers that since Child has not had formal education last year and has not been properly home-schooled, the Child is not at the proper educational level commensurate with his age, and according to Plaintiff, appears to be reading and comprehending at no more than a second grade level. Plaintiff is not aware of any cognitive impairment which would prevent Child from learning. 10. It is in the Child's best interest that he receives an adequate education which can be provided by the West Shore School District. There is also a compelling state interest in Pennsylvania to assure that children such as Aaron receive a proper education. 11. Since it is in the Child's best interest that he immediately enroll in school to receive a proper education and since Defendant agreed to and did send Child to be with his father, it is requested that an Order be issued which, tmtil further Order of Court, provides Plaintiff with custody of Child in order to enroll him in school. 12. Plaintiffhas no other option other than to seek the immediate implementation of the Court Order by this Petition in order to achieve the desired result of having Child placed in school in the West Shore School District. 13. This Honorable Court jurisdiction to consider this case by virtue of the immediacy and importance of the facts of this case. WHEREFORE, Plaintiff requests that this Honorable Court immediately issue an Order granting custody of the Child to Plaintiff which will permit Plaintiff to enroll Child in school in the West Shore School District, or to issue any other Order which this Honorable Court deems just and proper to effect the enrollment of Child in school. Respectfully submitted, MICHAEL D. RENTSCHLER, ESQUIRE 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Attorney for Plaintiff 3 S~P ~ 2002 09:58 FR DF* STAUFFER · J ~FIOflT TI1LE~ _ MARRIAGE OF VASSAR, AARON AND MURIEL 0 ? ?l? 848 1573 TO 17179~52939 AND FOR T}IE COUNTY OF: SAN DIEGO g IO 11 13 14 lB Ill 03/09 ATTACHMENT : ITeM 7(c) P~TITIONgR'S:.FL RESPONDENT'B:__ PROPOSED PARENTING & VISITATION PLAN i. The parent~ shall have joint legal cuotody of, and joint responsibility for their minor child, which shall be taken to mean that they shall share information and decision-makin9 concerning their child's health, education, and welfare. 2. The mother shall have sole physical custody of the parties' minor child with the primary residence b~ing with the mother. 3. Parenting of the minor, shall be as follows; a. The minor ~ild shall be with the father during the sua~er months from July 1st through AuGust 24th. D. In even-numbered years, the minor child shall spend Christmas Va~ations with the father. c. Subject to one week's prior notice to the mother, the minor child shall be with the father whenever he comes to the State of California. d. The father may have open telmphonic visits with the minor child unless ~th parents wish to s~cify times. Net~he~ ~rent shall make dis~agin~ remarks a~ut the nor shall they allow other parent in the presence of the minor child, others to do so. This pegs m~v be usocf will, m,V Judicial Cou,cil ~rr, or mW oilier I}Oper filed wilh the court. P,ge , [ . .. ADDITIONAL PAGE c~ ?~,, ~,,, 'Altech to Jtrdlclol Cou~tcll Form or Other Court rnpor SHORT TITLE: I_ NARRIAO~. Of" VASSAR, AARON AND MURI~L ?17 8~8 ~573 10 17179752939 P,04/09 7 g 10 $! f4 17 22 2:3 ! 3 4 5, Both parents shall keep each other i'nformed of their current residence and or employment. 6. Both parents may telephone the other onl~ to make peaceful negotiations relating to pick up or discussing the health, education, and welfare of the minor child. 7. Neither parent may us~ the minor child as a liasion to relay 9. If either parent petitions the Family Court Services of the Superior Court for a meeting to discuss the child-sharing arrangement, both parents shall participate in such a meeting and share the payment of the associated fees. 10. Both parents shall equally shsre the travel exp~nse for visitation of the minor child. 11. Neither party shall change the residence of the minor child out of Sen Diego without 60 days prior written notarized consent of the other parent or by further order of this court. (fleq.#~d Far verified p~edJ~! The Iter..q on thio pnge elated on hffomsot~u nnU belief Bra Thls page may bo used with o~w Judicial Council [arm 0r ~*V otbgr po~or filed with the court .Ptge ~d ~ ,- ADDITIONAl. PAGE 'Atlooll to Jud~lol Council Fo~m or Otho~ Court Pnpor thc ~0,. ~,, VERIFICATION I, Aaron Vassar, verify that the statements contained in the attached document are tree and correct upon my best information and belief. I understand that false statements made be subject to prosecution pursuant to the provisions of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Aaron Vassar, Plaintiff AARON VASSAR, VS. MURIEL VASSAR, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : EMERGENCY REL1EF - CUSTODY .C, ERTI~ICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing document by depositing a copy &the same in first class mail, postage prepaid, addressed to: Muriel Vassar 4368 Kansas Street, Apt 1 San Diego, CA 92104 Date: Iv~CHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff AARON VASSAR V. MURIEL VASSAR : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 2002-4789 CIVIL TERM : : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 4TM day of OCTOBER, 2002, the Petition for Emergency Relief is GRANTED insofar as it is necessary to implement the agreement of the parties. Aaron Vassar is authorized to enroll his son Aaron Christopher Jounte Vassar in the West Shore School District, or any other district in which he resides. He is further authorized to sign any requested releases or authorizations on behalf of the child. Edward E. Guido, J. Michael D. Rentschler, Esquire For the Plaintiff Muriel Vassar 4368 Kansas Street, Apt 1 San Diego, CA 92104 :sld 10/04/02 FR! 15:06 FAX 2406460 CUMB/COUNTY COURTS ~001 *** TX REPORT TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 1510 10/04 15:05 00'28 1 OK 99752939 AARON VASSAR V. MURAL VASSAR : IN THE COURT OF COM]vION PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4789 CIVIL TERM : : CIVIL ACTION - LAW .. ORDER OF COURT AND NOW, this 4t~ day of OCTOBER, 2002, the Petition for Emergency Relief is GRANTED insofar as it is necessary to implement the agrevment of the parties. Aaron Vassar is authorized to enroll his son Aaron Christopher Jotmte Vassar in the West Shore School District, or any other district in which he resides. He is further authorized to sign any requested releases or authorizations on behalf of the child, Edward E. Guido, Michael D. Rentschler, Esquire AARON VASSAR, Plaintiff/Petitioner Mo MURIEL VASSAR, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4789 CIVIL TERM : CIVIL ACTION - LAW :IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY Plaintiff/petitioner, by and through his attorney, Mindy S. Goodman, Attorney at Law, files this Petition for Modification of Custody seeking primary physical custody of the parties' minor child, and in support thereof avers as follows: 1. The Plaintiff currently resides at 13 Poplar Street, Wormleysburg, Cumberland County, Pennsylvania, 17043 and he is the natural father of the minor child who is the subject of this Custody Action, whose name and date of birth is as follows: AARON CHRIS-JOUNTE VASSAR Born February 28, 1992 Defendant/Respondent is the natural mother of the minor child and refuses to provide Plaintiff/Petitioner with a current address; however, the Defendant/Respondent has historically been served paperwork at the home of her mother, Wilma Ward, who resides at 4368 Kansas Street, Apartment #1, San Diego, California, 92104. 3. A Custody Order was entered previously in this case by stipulation between the parties, said Order was entered as a result of the filing of a Petition for Emergency Relief and was granted only insofar as it was necessary to implement the agreement of the parties. (A copy of the Order is attached hereto as Exhibit A.) 4. Under the existing Court Order, Defendant/Respondent retains primary custody of the minor child in spite of the fact that the child came to live with and has continued to live with Plaintiff/Petitioner since September of 2002. 5. Plaintiff/Petitioner seeks primary physical custody of the minor child, subject to partial physical custody with Defendant/Respondent, at such times and under such circumstances as are mutually agreed by the parties. 6. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor child or claims to have custody or visitation rights with respect to the child. 7. Plaintiff maintains that it is in the best interest and welfare of the minor child to grant the relief requested, and in support thereof avers as follows: a. Since coming to live with Plaintiff/Petitioner in September 2002, the minor child has thrived both academically and socially. Prior to living with his father, the minor child had been in and out of a number of different schools, he had had truancy and behavioral problems that resulted in multiple suspensions and ultimately a recommendation for his expulsion from school. b. Over the past few years, when not enrolled in public school, the minor child was being "home schooled" by the Defendant/Respondent. Plaintiff/Petitioner maintains that Defendant/Respondent is not qualified to home school the minor child. c. When the minor child came to live with his father here in Pennsylvania, he had not yet been enrolled in school this current school year. Petitioner/Respondent enrolled the child in the fourth grade in the West Shore School District, which was one year behind other children similar in chronological age. Shortly after being enrolled in school, the minor child was moved back to third grade because he was behind the other children academically. d. Plaintiff/Petitioner is actively involved in the minor child's education. He has implemented a plan with the school for his son and since coming to live with him, the minor child has improved academically and has since moved up to the fourth grade. If the child continues to progress as he has since being with his father, the minor c~hild will be expected to move on to the fifth grade the next academic school year. e. Plaintiff/Petitioner has been in contact with Pam Hurd, a caseworker with Child Protective Services in San Diego, California. Ms. Hurd has informed Plaintiff/Petitioner that there is an active investigation regarding Defendant/Respondent and that if the minor child were to return to his mother's custody, this child, in addition to Defendant/Respondent's other two children, would become part of the investigation, and may be removed from Defendant/Respondent's care by Child Protective Services. Ms. Hurd has encouraged Plaintiff/Petitioner to seek primary custody of the minor child at this time. f. The Plaintiff/Petitioner is currently married and has two children living with him in addition to the minor child who is the subject of this action. Plaintiff/Petitioner's wife and two children are supportive of the minor child remaining here in Pennsylvania, and the minor child is developing a health relationship with his stepmother and brothers. g. The Plaintiff/Petitioner is concerned that the minor child has suffered from abuse while in the custody of the Defendant/Respondent and is fearful the abuse will continue if the child is returned to his mother's custody. h. Plaintiff/Petitioner maintains that the Defendant/Respondent is unable to provide for the child financially, but he has the means and desire to care for and support the minor child. i. Plaintiff/Petitioner is genuinely concerned for the safety and welfare of the child while in the Defendant/Respondent's custody. It is not 4 Plaintiff/Petitioner's intention to alienate the child from his mother; however, Plaintiff/Petitioner wants to make certain that the child is protected and cared for from this point forward and believes he is in a better position to do so. 8. Plaintiff/Petitioner has the means, desire and ability to care for the minor child and while in his care, the minor child will be safe, adequately cared for, and will be afforded the greatest opportunity to grow spiritually, physically and emotionally. WHEREFORE, the Plaintiff/Petitioner respectfully requests Your Honorable Court to grant him primary physical custody of the minor child, AARON CHRI$-JOUNTE VASSAR, subject to periods of partial physical custody with Defendant/Respondent as the parties mutually agree. Respectfully submitted, Mindy S. Goodman, Esquire Attorney ID No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff/Petitioner VERIFICATION I verify that the statements made in this Petition for Modification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. DATE: A~iron Vassar, Petition-edPlaintiff 1~iI/04,'02 FRI 15;05 FAX 2406460 ~UMB."COUNTY COURTS ~001 AARON VASSAR V. MU'R~L VASSAR IN THE COURT OF COMMON PLEAS OF CUMBE~ COUNTY, PENNSYLVANrA NO. 2002-4789 CIVIL TERM CWIL ACTION - LAW ORDER OF COURT AND NOW, tiffs 4TM day of OCTOBER, 2002, the Petition for Emergency Relief is GRANTED insofar as if is necessary to implement the agrcem~q-~! of the parties. Aaron Vassar is authorized to enroll his son Aaron Christopher Jotutte Vassar in the Wes'~ Shore School District, or any other district in which he resides. He is further authorized to sign any requested rclcases or authorizations on behalf of the child. Edward E. Guido, J. Michael D. R~tschler, Esquire For the Plaintiff Mt~el Vassar 4368 Kansas Street, Apt 1 San Diego, CA 92104 :sld AARON VASSAR VS. lVIURIEL VASSAR Plaintiff Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBE~ COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW ·CUSTODY PLAINTIFF'S PETITION FOR SPECIAl/EMERGENCY RELIEF TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this .. of October, 2002, comes Aaron Vassar, Plaimiff herein, by and through his attorney, Michael D. Rentschler, Esquire, who files the within Petition for Special/Emergency Relief by respectfully averring as follows: 1. Plaintiff Aaron Vassar is an adult individual who currently resides at 13 Poplar Street, Wormleysburg, Cumberland County, Pennsylvania. , 2. Defendant Muriel Vassar is an adult individual who currently resides at 4368 Kansas Street, Apt. 1, San Diego, California 92104. 3. The parties are the natural parents of one child, namely, Aaron Christopher Jounte Vassar, who was bom on February 28, 1992, hereinafter referred to as Child. Plainfiffand Defendant are divorced. 4. There is a Custody Order which defines the custody of the child. A tree and correct copy of that Order is incorporated herein, made a part hereof and attached as Exhibit "A'. 5. Defendant expressed to Plaintiff, both verbally and in writing, that she wants Child to live with Plaintiffand to attend school in Pennsylvania. A true and correct copy of Defendant's letter to Plaintiff, dated September 18, 2002, expressing the agreement to have Child transported and to live with Plaintiff, is incorporated herein, made a pan hereof and attached as exhibit "B". 6. The Plaintiff purchased an airline ticket for Child and Child's paternal grandmother to have them flown to Pennsylvania. The Child and his paternal grandmother arrived in Pennsylvania on September 22, 2002. Paternal grandmother returned to California. 7. Plaintiff attempted to enroll Child in the West Shore School District and was unable to do so because he does not posses an Order that provideS him with custody of Child. 8. Child did not attend school last year while he has been in California with his mother, nor has he been enrolled in school this academic year. Although the Child has presumably been "home schooled" by Defendant, that "schooling" consists of babysitting his two younger siblings and playing on the computer. 9. The Plaintiff believes, and therefore, avers that since Child has not had formal education last year and has not been properly home-schooled, the Child is not at the proper educational level commensurate with his age, and according to Plaintiff, appears to be reading and comprehending at no more than a second grade level. Plaintiff is not aware of any cognitive impairment which would prevent Child from learning. 10. It is in the Child's best interest that he receives an adequate education which can be provided by the West Shore School District. There is also a compelling state interest in Pennsylvania to assure that children such as Aaron receive a proper education. 11. Since it is in the Child's best interest that he immediately enroll in school to receive a proper education and since Defendant agreed to and did send Child to be with his father, it is requested that an Order be issued which, until further Order of Court, provides Plaintiff with custody of Child in order to enroll him in school. 2 12. Plaintiff has no other option other than to seek the immediate implementation of the Court Order by this Petition in order to achieve the desired result of having Child placed in school in the West Shore School District. 13. This Honorable Court jurisdiction to consider this case by virtue of the immediacy and importance of the facts of this case. WHEREFORE, Plaintiff requests that this Honorable Court immediately issue an Order granting custody of the Child to Plaintiff which will permit Plaintiff to enroll Child in school in the West Shore School District, or to issue any other Order which this Honorable Court deems just and proper to effect the enrollment of Child in school. Respectfully submitted, MICHA~I. D. RENTSCHLER, ESQUIRE 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Attorney for Plaintiff SEP 2'7 2002 09:59 FR DF STAUFFER ?17 B4B 15'73 TO 17179"'~293'9 · I SHORT TITLE: ' I r,^sf ~,~ltn. P,04/09 I 2 3 4 7 g 10 5, Both parents shall keep each other informed of their current residence and or employment. 6. Both parents m~¥ telephone the other on__~ to make peaceful negotiations relating to pick up or discussing the health, education, and welfare of the minor child. 7. Neither parent may use the minor child as a liasion to relay m.s..g., to ~h. other parent, 9. Zf either parent petitions the ~amily Court Services o! the Superior Court for a meeting to d~scuss the child-sharing arrangement, both parents shall participate in ouch of ~he associated fees. 10. Both parents shall equally sh~re t~e trave~ expense for visitation of ~he minor child. 11. Neither party shall chan~e the .residence of the minor ch~l~ ou~ of San Diego without 60 days prior written notarized consent of the other parent or b~ further orOer of this court. 11 13 14 10 17 16 20 23 24 2(3 ~ page may be ueod will, ~,¥ JudlelaiC°uncil ~orm or a,}y other I)o/~o~ f~fed with the cou~t.I" ADDITIONAl. PAGE · Att,ol! to Judlolel Counoll Form or Other Court Pppor AARON VASSAR PLAINTIFF MURIEL VASSAR DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4789 CIVIL ACTION LAW IN' CUSTODY ORDER OF COURT AND NOW, Friday, April 11, 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 Tuesday, May 06, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if 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 hearinl~. FOR THE COURT~ By: /s! Melissa P. Greevy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TItlS 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 170 l 3 Telephone (717) 249-3166 AARON VASSAR, Plaintiff MURIEL VASSAR, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-4789 · CIVIL ACTION - LAW · IN DIVORCE CERTIFICATE OF SERVICE_ A true and correct copy of the petition for Modification of Custody was served upon the person or office listed below by First Class Mail and Certified, First Class Mail, Restricted Delivery, Return Receipt Requested on April 8, 2003, addressed as follows: Ms. Muriel Vassar 4368 Kansas Street San Diego, CA 92104 A true and correct copy of the petition for Modification of Custody was served upon the person or office listed below by First Class Mail and Certified, First Class Mail, Restricted Delivery, Return Receipt Requested on April 14, 2003, addressed as follows: Ms. Muriel Vassar 3895 Caminito Aguilar, CfC San Diego, CA 92111 Mindy S. Goodman Attorney at Law 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Clearly) If YES, enter delivery [] Addressee (:rl~ 17 []Yes below: r-I No 3. ,,~rvice Type ~l~Certified Mail L1 Registered [] Insured Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) '~Yes 2. Article Number (Copy from service label) PS Form 3811, July 1999 Domestic Return Receipt' 102595-99-M-1789 693.6 : ';::j.: - M^¥ 1 2 2003 ~' AARON VASSAR, MURIEL VASSAR, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4789 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J.-- ORDER OF COURT AND NOW, this ~'44~ day of May, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Father, Aaron Vassar shall have primary legal custody of the child, Aaron Chris-Jounte Vassar, born February 28, 1992. Mother shall continue to have rights of legal custody which shall include the right to receive records related to the health, education, and religious upbringing of the child, the right to participate in meetings with medical treatment providers, school staff and to contact individuals involved with the care, religious upbringing, and education of the child. It is expected that Father will promptly keep Mother apprised of any developments with regard to the child that could reasonably be considered to be of concern to any parent. Father shall see to it that Mother is notified promptly of all meetings related to the child and the names and telephone numbers of the treatment providers and educational staff. In the event that a decision must be made by a parent for this child and the parties are not in agreement, Father shall have final decision authority. 2. Physical Custody. Primary physical custody is hereby confirmed in Father based on his uncontroverted representation to the Custody Conciliator that the child has been in his primary custody since September 22, 2002. Father's rights of primary physical custody shall be subject to periods of supervised visitation with the Mother, with the choice of supervising adult to be subject to Father's discretion and approval. Such visitation shall occur in Pennsylvania. matter. Cumberland County Court of Common Pleas shall retain jurisdiction of this 4. Counsel for the Petitioner/Father shall serve Mother with a copy of this Order and shall file a Return of Service with the Court upon completion. NO. 02-4789 CIVIL TERM 5. In the event that Mother is aggrieved by the terms of this Order, upon proper petition, the Custody Conciliation Conference will be reconvened. THE Edward . Guido, J. Dist: ,/~Vlindy S. Goodman, Esquire, 2215 Forest Hills Drive, Suite 35, Harrisburg, PA 17112 ~/Muriel Vassar, 4368 Kansas Street, San Diego, CA 92104 AARON VASSAR, MURIEL VASSAR, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4789 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Aaron Chris-Jounte Vassar February 28, 1992 Father 2. A Custody Conciliation Conference was held on May 6, 2003 in response to Father's Petition for Modification of Custody filed on April 3, 2003. Present for the conference were the Father, Aaron Vassar, and his counsel, Mindy S. Goodman, Esquire. The Mother, Muriel Vassar, did not attend. Following the scheduling of the Custody Conciliation Conference, the Mother contacted the Custody Conciliator's office regarding the conference date with the Custody Conciliator's office. She indicated some confusion about how Father could file a petition for custody. She was strongly urged to seek counsel for the Custody Conciliation Conference. Subsequent to that time, Mother did not recontact the Conciliator's office, nor did counsel, acting on her behalf. Counsel for the PetitionedFather sent notices of the Conciliation Conference through restricted delivery mail to the Mother at two different addresses. 3. Father's position on custody is as follows: Father alleges that the child has been in his primary physical custody since September 2002 by an arrangement with Mother wherein she allowed the child to be escorted by the maternal grandmother on an airplane to Pennsylvania reside with Father. When Father had difficulty enrolling the child in school, he petitioned for special relief and Judge Guido entered an Order to that allowing Father to enroll the child in school on October 4, 2002. Father has been working with the child's educational team at school to arrange for an Individualized Educational Plan in an effort to address his educational needs. Review of California school records provided by Father indicates numerous school changes, truancies, and behavioral problems. Father also alleges that Mother attempted to home school the child. Father also produced records from NO. 02-4789 CIVIL TERM. Children and Youth Services in California indicating that a Judge Chino has removed two additional children from Mother's care. This action was taken apparently because of Mother's alleged mental incapacity. Mother is reported to believe that people have been breaking into her home and engaging in unwanted sexual relations with her. In light of these circumstances, Father believes that it is in the best interest of the child to remain with him. 4. In light of Father's unopposed Petition conciliator provides the attached recommended Order. Date for Modification of Custody, the Melissa Peel Greevy, Esquire Custody Conciliator :213098