HomeMy WebLinkAbout01-2769 FX
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MABEL M. V AZQUFZ,
Plaintiff
vs.
: 1HE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 0/- ~7f..9 (?t.o~( y~
: CIVIL ACTION -AT LAW
: CUSTODY
ERNESTO ROLDAN-VAZQUEZ, JR.,
Defendant
ORDF.R OF COTTRT
You, Ernesto Roldan-Vazquez, Jr., Defendant in the above-captioned custody action, have
been sued in court to obtain custody, partial custody or visitation of the following children: Chase
Vazquez, born October 4, 1997, and Erika Vazquez, born September 1, 1998.
You are ordered to appear in person at
. at _.M., for:
, on
_ a conciliation or mediation conference.
_ a pretrial conference.
_ a hearing before the court.
If you fail to appear as provided by this Order, an Order for custody, partial custody or
visitation may be entered against you or the Court may issue a warrant for your arrest.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 1HE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
FOR 1HE COURT:
Date:
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MABEL M. VAZQUEZ,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No.
ERNESTO ROLDAN-VAZQUEZ, JR,
Defendant
: CIVIL ACTION -AT LAW
: CUSTODY
AMERICANS WITH DISABiliTIES
ACT OF 1990
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.
BY THE COURT:
Date:
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MABEL M. VAZQUEZ,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 6( - '2.1(0'
ERNESTO ROLDAN-VAZQUEZ, JR,
Defendant
: CIVlL ACTION - AT LAW
: CUSTODY
COMPJ ,AJNT IN CnSTOnV
AND NOW, the Plaintiff, Mabel M. Vazquez, by and through her attorney, Jeanne B.
Costopoulos, Esquire, makes the following Complaint in Custody:
1. The Plaintiff, Mabel M. Vazquez, is an adult individual who currently resides at 818
Werlzville Road, Enota, Cumberland County, Pennsylvania 17025.
2. The Defendant, Ernesto Roldan-Vazquez, Jr., is an adult individual who is believed
to be residing at 1743 State Road 100, Melrose, Florida
3. The parties have two dependent children, namely Chase Vazquez, born October 4,
1997, and Erika Vazquez, born September 1, 1998.
4. The Plaintiff seeks primary of the following children:
Name
Pre!lent Re<<jclenr.e
Age
Chase Vazquez
1743 State Road 100
Melrose, Florida
3
born 10/4/97
Erika Vazquez
818 Werlzville Road
Enota, P A 17025
2
born 9/1/98
The children were not born out of wedlock.
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5. The child Erika Vazquez is presently in the custody of her Mother, whose current address
is 818 WertzviIle Road, Enola, Cumberland County, Pennsylvania 17025. The child
Chase Vazquez is presently in the custody of his Father, whose current address is
believed to be 1743 State Road 100, Melrose, Florida.
6. During the past five years, the children have resided with the following persons and at the
following addresses:
Name
Addre..
Dates
ErnestoRoldan-Vazquez-Defendant 1743 State Road 100
Melrose, Florida
Mabel Vazquez - Plaintiff
Charles Buckles, Jr. (plaintiff's father)
Mary Buckles (plaintiff's mother)
Mabel Vazquez - Plaintiff
Charles Buckles, Jr. (plaintiff's father)
Mary Buckles (plaintiff's mother)
Mabel Vazquez - Plaintiff
Ernesto Roldan-Vazquez - Defendant
Charles Buckles, Jr. (plaintiff' s father)
Mary Buckles (plaintiff's mother)
Mabel Vazquez - Plaintiff
Charles Buckles, Jr. (plaintiff's father)
Mary Buckles (plaintiff's mother)
Mabel Vazquez - Plaintiff
Charles Buckles, Jr. (plaintiff's father)
Mary Buckles (plaintiff's mother)
Harry Buckles (plaintiff' s brother)
4/28/0 I-present
Chase Vazquez only
818 WertzviIle Road
Enola, PA 17025
4/28/0 I-present
Erika Vazquez only
818 WertzvilleRoad
Enola,PA 17025
4/26/01-4/28/01
818 WertzviIle Road
Enola, P A 17025
1/01-4/26/01
818 WertzviIle Road
Enola,PA 17025
5/1/99- 1/0 I
414 Myrtle Avenue
MarysviIle, P A 17053
1/99- 5/1/99
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Mabel Vazquez-Plaintiff
Ernesto Roldan-Vazquez -'- Defendant
Charles Buckles, Jr. (plaintiff's father)
Mary Buckles (plaintiff's mother)
Harry Buckles (plaintiff's brother)
414 Myrtle Avenue
Marysville, P A 17053
10/98-1/99
Mabel Vazquez - Plaintiff
Charles Buckles, Jr. (plaintiff's father)
Mary Buckles (plaintiff's mother)
Harry Buckles (plaintiff' s brother)
Mabel Vazquez- Plaintiff 307 B. Front Street
Ernesto Roldan-Vazquez - Defendant Marysville, P A 17053
414 Myrtle Avenue
Marysville,PA 17053
2/1/98- 10/98
10/4/97-2/1/98
Chase Vazquez only
(Erika born 9/1198)
7. The mother of the children is Mabel M Vazquez, Plaintiff, currently residing at 1743
State Road 100, Melrose, Florida. Plaintiff resides with Erika Vazquez, one of the
subject children, her parents, Mary Buckles and Charles Buckles, Jr., and her paternal
grandmother, Mary Buckles.
8. The father of the children is Ernesto Roldan-Vazquez, Jr., Defendant, believed to be
currently residing at 1743 State Road 100, Melrose, Florida. It is unknown with whom
Defendant resides, other than one of the subject children, Chase Vazquez. It is believed
Defendant went to Florida with his mother.
9. Plaintiff and Defendant are married to each other.
10. The relationship of the Plaintiff to the children is that of natural mother.
11. The relationship of the Defendant to the children is that of natural father.
12. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
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13. Plaintiff does not know of a person not a party to the proceedings who has physical
custody of either of the children or claims to have physical custody or visitation rights
with respect to the children.
14. The best interests and permanent welfare of the children will be served by granting the
relief requested because:
(a) Plaintiff is the natmaI mother of the children and has established a
relationship with the children.
(b) Plaintiff desires to continue exercising parental duties and enjoys the love and
affection of the children, she has been their primary caretaker since birth.
(c) The children should be permitted to enjoy the love, affection, and emotional
support which can be provided by their natural mother.
(d) The children have lived in Pennsylvania since birth. The children's maternal
extended family who reside in Pennsylvania have established strong bonds
with the children.
(e) The children are siblings and should not be separated from each other.
15. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children 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 children to be given notice of the pendency of this action and the right to intervene.
WHEREFORE, Plaintiff respectfully requests that she be granted primary physical custody
of her children subject to periods of visitation with Defendant.
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Respectfully submitted,
e B. Costopoulos, Esquire
!\. ORNEY FOR PLAINTIFF
1400 N. Second Street
Harrisburg, PA 17102
(717) 221-0900
Supreme Ct ill No. 68735
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MABEL M. V AZQUFZ,
Plaintiff
: 1HE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No.
ERNESTO ROWAN-VAZQUFZ, JR,
Defendant
: CIVlLACTION-ATLAW
: CUSTODY
VF.RmTCA TTON
I, Mabel M. Vazquez, hereby verify that the statements made in the foregoing Complaint
in Custody are true and correct to the best of my knowledge, information, and belief I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904,
relating to unsworn falsification to authorities.
Date: 5-7-0 I
Signature:~~ V~I tOtT
Mabel . Vazquez
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MABEL M. VAZQUEZ
PLAINTIFF
V.
ERNESTO ROLDAN- VAZQUEZ, JR.
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
01-2769 ClVILACTIONLAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, May 09, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greovy, Esq. , the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, June 04, 2001 at 9:15 a.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
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 bearing.
FOR TIlE COURT,
By: Isl
Melissa P. Greevy. Esq/!;t)
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 ATTORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF1CE SET
FORTIl 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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MABEL M. VAZQUEZ,
Plaintiff
VS.
: TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. OL-:).?lo? Coil ~
: CIVILACTION-ATLAW
: CUSTODY
ERNESTO ROLDAN-VAZQUEZ, JR,
Defendant
ORnER OF COTIRT
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AND NOW, upon consideration of Plaintiff's Petition for Emergency Relief, it is hereby
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ordered and decreed that temporary primary physical custody of the parties' minor children, Chase
Vazquez, born October 4, 1997, and Erika Vaz,quez, born September 1, 1998, shall be with Plaintiff
f1<ethc.r tVdo .J' c.our-i .
Mother, Mabel M Vazquez, pending s~lldYliRg \If a eeRfor_, iI.~itle;, v. b:.d 8Ii tke matter.
Defendant Father, Ernesto Roldan-Vazquez, Jr., is directed to immediately return the child to
Pennsylvania and transfer custody to Mother. At t~c. r-~O...){:s.f e>{ e.ITtrO p2Jil2
he.Z)\"7,\ sL.:z 11 be.. rt o":""'f i) n h c.1J ..on <-Dh j~~ 0t..{ ~rdu s~ou (J
be.. C-Q)1y,l'1"c..d or rwod.-t'e.d > bu:r d sh Jl re.tl-t2\T7 117 fv[f fdU~.
m d c. fI c.J un f.' t..h ~c:.cL. BY TIlE COURT:
DATED: -.MY) ~, 2-0'0 I
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MABEL M. V AZQUFZ,
Plaintiff
vs.
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. (!)/. 27(, 9 ~ Td-v--
ERNESTO ROLDAN-V AZQUFZ, JR,
Defendant
: CIVlLACTION -AT LAW
: CUSTODY
PRTITJON FOR RMF.RGF.NCV RRJ ,JF.F - RRQJJF.ST FOR ORDRR
FOR TF.MPORARV PRIMARV PBVSJCA J. CnSTODV
AND NOW, comes the Plaintiff, Mabel M. Vazquez, by and through her attorney, Jeanne B.
Costopoulos, Esquire, and respectfully avers the following in support of this Petition for Emergency
Relief
I. The Plaintiff, Mabel M. Vazquez, is an adult individual who currently resides at 818
Wertzville Road, Enola, Cumberland County, Pennsylvania 17025.
2. The Defendant, Ernesto Roldan-Vazquez, Jr., is an adult individual who is believed to be
residing at 1743 State Road 100, Melrose, Florida
3. The parties have two dependent children, namely Chase Vazquez, born October 4, 1997,
and Erika Vazquez, born September 1, 1998.
4. Defendant called Plaintiff on Saturday, April 28, 2001, and requested to take their son,
Chase Vazquez, to a Senator's baseball game. Plaintiff informed Defendant that she
would be at work, but that her mother would have Chase and he could pick him up for
the game.
5. Defendant called Plaintiff later on Saturday, April 28, 2001, to inform her that he was
with Chase at City Island.
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6. Later on Saturday, April 28, 2001, Plaintiff learned that Defendant did not attend the
Senator's game. Instead, without Plaintiff's consent or permission, Defendant left for
Florida with his mother and had taken Chase with him.
7. Plaintiff went to Florida late on April 28, 2001 in an effort to retrieve her son. Since she
had no court order, however, the local authorities would not intervene.
8. Defendant informed Plaintiff by e-mail that he would leave Florida and go to a different
state with Chase if she filed for custody.
9. Plaintiff is concerned for the welfare of her son. Defendant has been abusive in the past
and was incarcerated from January 1999 to January 2001.
10. Plaintiff has been both children's primary caretaker since birth.
11. Plaintiff objects to her son living in Florida with Defendant and requests that her son be
returned immediately pending a determination by the court.
12. Plaintiff has filed a Complaint for Custody simultaneously with this Petition and it is
incorporated herein as though fully set forth.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Emergency
Order granting to her primary physical custody of both children pending the scheduling of a
conference or hearing on the matter.
DATED:
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Respectfully submitted,
r/1 to;
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Jeann" . Costopoulos, Esquire
ATIORNEY FOR PLAlNTlFF
1400 N. Second Street
Harrisburg,PA 17102
(717) 221-0900
Supreme Ct. ill No. 68735
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MABEL M. VAZQUEZ,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No.
ERNESTO ROIDAN-V AZQUEZ, JR.,
Defendant
: CIVlLACTION -AT LAW
: CUSTODY
VF.RIFJC'A nON
I, Mabel M. Vazquez, hereby verify that the statements made in the foregoing Petition for
Emergency Custody are true and correct to the best of my knowledge, infonnation, and belief I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904,
relating to unsworn falsification to authorities.
Date: 6 -1- 0 I
Signatur~'1rJ VOvra./ JJ tf-.
Mabel M. Vazquez ---n
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MABEL M. VAZQUEZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
ERNESTO ROLDAN-
VAZQUEZ, JR.,
Defendant
NO. 01-2769 CIVIL TERM
ORDER OF COURT
AND NOW, this 16th day of May, 2001, upon consideration of the attached letter
from Defendant requesting a hearing on the continuation or modification of the order of
court dated May 8, 2001, a hearing is scheduled for Tuesday, May 29,2001, at 8:30 a.m.,
in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
J.
Jeanne B. Costopoulos, Esq.
1400 N. Second Street
Harrisburg, PA 17102
Attorney for Plaintiff
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Ernesto Vazquez
1743 State Road 100
Melrose, FL 32666
Defendant, Pro Se
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Dear Judge Wesley Oler,
Sir I am not going to be able to make it back to Pa in an immediate time
frame, I would like to appeal the order and request a hearing on the matter. I have not yet
retained an attorney but I spoke to one, and he is willing to take my case.
Thank you for your consideration on this matter,
Ernesto Vazquez Jr
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DoEPKEN KEEUICAN WEISS 7 2406462
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71 7221 Il!9i!!4
wrl>t\ELswaet t
NO. 027
pAGE !l2
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VII.
: 11iE COURT OF COMMON PLEAS at'
: ~COUNTY, ~NNS'tLVAN1A
; No. 01- 'l7t 1
MABEL M. VAZQUJ;:Z.
P1aimilf
ERNESTO IlOLDAN-V AZQUE4 JR.,
Dcfead8m
: ClV1L ACTION. AT LAW
: C1JS'l"ODY
AND NOW, this
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200 I, upem considendioD of
the pllfties.' attadvld stipulation. the lIearill8 SQheduled fur May 29, 2001 lit 8:30 LI\1. in Couftroom
No. 1 of the Cumberland COUnty Courthouse. CUtisle, PenmylvaDia, is ~led. Tl1e pIlIties IbBIl
attend the custody <<mdliBtion ~ befOre MeIiMa P. Oteevy on JUlIe 4, 2001 lit g: l' LIlL
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NO. 027
PAGE 113
(;104
12:36
MABEL M. VAZQUEZ,
Plainlift'
: TIlE C01.lRT OF COMMON PLEAS OF
: r;UMBElU.AND COUNTY,PENNsYLVAN'lA
VI.
: No.
DNESTO 'ROLDAN-VAZQUEZ. ~.
Dd'endIIIt
: CIVIL ACTION - AT LAW
: CUSTODY
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AND NOW come the parties, Mabel M. Vazquez. by and tbroup her attorney, ~ B.
Costopoulos, E!KJI.lire, and Emesto RoIdan-V~ Ir,. by tlld tbro1.\gh lib lIIWn1ey, David KIu:r,
Eaqun'c. (IlId respectfillly eIIl:er into the foDowing mpulat!on;
l. On May 14. 2001, the HoaorabIe 1 Wesley 0Ier. Jr., received a letter fi'om Ddlrldant
requesting a hearing. In re&ponMl to _letter, 1\1. 0Ier seNcft,'ed a helrillI on May 29.
2001 at 8:30 Lm. in (;wrtrQOm NO.1 otb ~ County Courthouse
2. This case is alII> IKlhedulod for a eonciIialioII. \lClI......- bGforc Mdi... P. GRevy. the
COIlCliliatOf, on J\lJl8 4, 200 1 at 9: 1 S a. m. at which the parties bdleve they will be Iblo w
rac:h an IIIJ=IlCId ~dina Wltody.
3. In J.isht of the scl\edulillg ofthc lune4" wnfe.-"", the p81ties believe that the May B'
heariq is not _'Il8SIf'y.
WHEREFORE, the parties agree that the hearing scheduled 011 May ~,ZOOI in Coun.-..orl\
No. 1 of the Cwnberland County Cowthollse should be QIlICeI.ed,
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JarJtJ!B. Costo)lOulos, Esquke - Attorney for plaintiff
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David Kluz, &quire - I . Defendant
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Date
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MABEL M. VAZQUEZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-2769
vs.
ERNESTO ROLDAN-VAZQUEZ, JR.,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this
/ ~ day of June, 2001, the parties having failed
,
to attend the Custody Conciliation Conference scheduled for June 4, 2001, the
Custody Conciliator hereby relinquishes jurisdiction. In the event that either
party desires to modify the Order of May 8, 2001, another Custody Conciliation
Conference may be scheduled upon proper peti .
i a Peel Greevy, Esquire
Custody Conciliator
Dis\: David T. Kluz, Esquire, 21E2 Lo~ust C4000urtN, Hsarrisbdursg, PAt1H7101 b PA 17102 . r> \
Jeanne' B. Costopoulos, sqUire, 1 . eeon tree, arns urg, ~
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MABEL M. VAZQUEZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01-2769
ERNESTO ROLDAN-VAZQUEZ, JR.,
Defendant
CIVIL ACTION - LAW
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 Children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Chase Vazquez
Erika Vazquez
October 4, 1997
September 1, 1998
Mother
Mother
2. A Custody Conciliation Conference was scheduled for June 4, 2001. The
Conference was attended by counsel for Plaintiff, Jeanne' B. Costopoulos, Esquire, and David
T. Kluz, Esquire. Neither party attended the Conference. After meeting with counsel it was
agreed that the present Order of May 8, 2001, would remain in full force and effect, the
Conciliator would relinquish jurisdiction of the matter, and in the event that either party would
desire to modify the Order of May 8, 2001, that party may petition for modification and an
additional Conference will be scheduled.
to h3/()/
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Melissa Peel Greevy, Esquire
Custody Conciliator
Date
Dis\: David T. K1uz, Esquire, 212 Locust Court, Harrisburg, PA 17101
Jeanne' B. Costopoulos, Esquire, 1400 N. Second Street, Harrisburg, PA 17102