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HomeMy WebLinkAbout99-06195t .;'?1? JOHN S. VAYANOS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW AUDREY J. PIERCE, N0. 99-6195 CIVIL Defendant IN CUSTODY PRE-TRIAL MEMORANDUM * Eackcround? The parties are the natural parents of John S. Pierce, born May 2, 1985. A Court order was entered on December 10, 1999, granting primary custody to mother, subject to periods of partial custody in father on alternating weekends and two evenings per week to include overnights. Because of the activities of the child, the mother is requesting that the child not be made to have set periods of visitation with his father, but to allow the child's schedule and that of the parents to control in a less stringent manner. Mother has filed a Petition for Modification on this basis. a. Audrey J. Pierce, the mother. b. John S. Pierce, the minor child who wishes to testify about his desires to spend less time with his father, and to allow the parties' schedule to control periods of visitation. xXr Proposed Resolution: To continue with mother as primary physical custodian, and to allow father to have periods of partial physical custody/visitation to comport with minor child's schedule. In the alternative, mother would request father having periods of partial physical custody on alternating weekends, with the week night visits be on a mutual consensus basis. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS, SHUFF & t MASLAND By: e?Et?etleet J na J Kopeck , Es a w.High $WW 2 W. H gh street GdUI'.FA Carlisle, PA 17013 Attorney for Petitioner DEC 0 61999 JOHN S. VAYANOS, Plaintiff AUDREY J. PIERCE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVILACTION-LAW : NO. 99-6195 CIVIL : IN CUSTODY COURT ORDER AND NOW, this A day of December, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, John S. Vayanos, and the Mother, Audrey J. Pierce, shall enjoy shared legal and shared physical custody of John S. Pierce, born May 2, 1985. 2. Physical custody of the minor child shall be handled with the Father having the following periods of physical custody: A. On alternating weekends from Friday after school until Sunday at 7:00 p.m. In the event Father schedules an activity with the minor child for Sunday evening, Father shall, upon reasonable notice to the Mother, have the opportunity to continue his alternating weekend time through Monday morning. B. On two evenings per week which shall be overnight. The time frame shall be from aficr school until when the child is taken to school the next day. These shall be Tuesday and Thursday unless agreed otltenvise by the parties. 3. On a weekly basis, Mother shall have physical custody of the minor child at all other times except when Father has custody as set forth in Paragraph 2 above. 4. During the summer months, both parties shall enjoy at least two (2) weeks vacation with the minor child as long as reasonable notice has been given to the other party. 5. In the event a trip is planed by the rather to take the minor child to Greece and reasonable notice is given to the Mother, the child shall be allowed to go to Greece for family activities with this time frame not counting against either parent for their summer vacation. 6. Mother shall always have American Easter weekend and Father shall always have Greek Easter weekend, the time frame being Friday through Sunday evening. 99 DFr 13 P" 2: CUtd"r v.Vly bEAP?SYL:4:P,r„1 r 7. Christmas shall be divided between two segments with the first segment being the few days before Christmas until noon on Christmas Day and the second segment being from noon on Christmas Day until a few days after Christmas. For 1999, Mother shall have the child from the Thursday before Christmas until 3:00 p.m. on Christmas Day. Father shall have time from 3:00 p.m. on Christmas Day until December 29. The parties shall communicate with each other in advance of Christmas in future years to arrange the alternating schedule. Thanksgiving holiday shall also be alternated, with one parent having Wednesday after school until Friday evening at 7:00 p.m. and the other parent having Friday evening at 7:00 p.m. until Monday at 7:00 p.m. In the year 2000, Father shall have the first time frame. 9. Mother shall always have the child on Mother's Day and Father shall always have the child on Father's Day. The time frame shall at a minimum be 9:00 a.m. until 7:00 p.m. 10. This order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with a Custody Conciliator for a Conference. BY THE COURT, J. cc: Johnna J. Deily, Esquire fin. fcc? I ?r 3 q 9• Lynn y. MacBride, Esquire d -e JOHN S. VAYANOS, Plaintiff v AUDREY J. PIERCE, Defendant Prior Judge: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 99-6195 CIVIL : IN CUSTODY CONCILIATION CONFERENCE, SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3.8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: John S. Pierce, born May 2, 1985. 2. A Conciliation Conference was held on December 2, 1999, with the following individuals in attendance: The Father, John S. Vayanos, with his counsel, Lynn Y. MacBride, Esquire; and the Mother, Audrey J. Pierce, with her counsel, Johnna J. Deily, Esquire. 3. The parties agree to the entry of an order in the form as attached. I,Z 31q? (0/ 9z DATE Hubert X. Gil , Esquire Custody Co iliator JOHN S. VAYANOS IN THE COURT OF COMMON PLEAS Oh PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANDREY 1. PIERCE 99.6195 CIVIL ACTION LAW DEFENDANT IN CUSTODY AND NOW, this 6th day of June , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear bcforcllubert X. Gilroy, Esq. , the conciliator, at 41h Floor, Cumberland County Courthouse, Carilsle on the 25th day of j st , 2000, atlO:30AM 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. FOR THE COURT, By: /s/ Hrrbe 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. 11- YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPI IONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 N-FO-041C,F A?V OO JUII -7 PH 12:41 CUl3'iiij';:4U COUNTY PENNSYLVANA JOHN S. VAYANOS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 1999-6195 AUDREY J. PIERCE, : IN CUSTODY Defendant ORDER OF COURT AND NOW, , upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esquire, the conciliator, at , on the day of 2000, at _ 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 shall also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, BY: Custody Conciliator The Court of Common Pleas of Franklin 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. 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 SAIDIS, SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. SHUFF & MASLAND Court Administrator ATIVAILYPANAW 4"' Floor, Cumberland County Courthouse 26 W. HISh Street Carlisle, PA 17013 Carlisle. PA (717)240.6200 JOHN S. VAYANOS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW AUDREY J. PIERCE, NO. 99-6195 CIVIL Defendant IN CUSTODY PETITION FOR MODIFICATION AND NOW, comes the Petitioner, Audrey Pierce, by and through her attorneys, Saidis, Shuff & Masland and respectfully avers the following: 1. The Petitioner is Audrey J. Pierce, an adult individual residing at 353 Farmington Drive, Shippensburg, PA 17257. 2. The Respondent is John S. Vayanos, an adult individual residing at 213 North Prince Street, Shippensburg, PA 17257. 3. The parties are the natural parents of John S. Pierce born May 2, 1985. 4. On or about December 10, 1999, the Court entered an Order for custody and visitation of said child; a copy is attached hereto and made a part hereof and marked as Exhibit ro?i 5. Circumstances have changed as such that the child ;.s desires to spend leas time with his father, and due to the activities that he is pursuing, a visitation schedule needs to_ ,?fl ; SAIDIS, SHUFF & be amended. MASLAND ATrORM TpATAAW " M 26 W. NISh Street O ` Carlisle, PA ;,`{ WHEREFORE, the Petitioner respectfully requests Your Honorable Court to enter an Order granting her primary physical custody of said child, with periods of partial physical custody in the Respondent on an alternating weekend basis. Respectfully submitted, SAIDIS, SHUFF & MASLAND By; John D y Esquire 26 Hig treet Ca isle, PA 17013 SAIDIS, SHUFF & MAC 26 W. High Street Carlisle, PA VERIFICATION CATION SAIDIS, SHUFF & MASLAND ATTORNEYPAT.IAW 26 W. 1111h Sirm Carlisle, PA 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. C. S. Section 4904, relating to unsworn falsification to authorities. Dated: Jru4ey.0c&eW- RECEIVED HC 1 4 1999 DEC 0 6 1999W JOHN S. VAYANOS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW AUDREY J. PIERCE, : NO. 99-6195 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this 1e Z4day of December, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Father, John S. Vayanos, and the Mother, Audrey J. Pierce, shall enjoy shared legal and shared physical custody of John S. Pierce, born May 2, 1985. 2. Physical custody of the minor child shall be handled with the Father having the following periods of physical custody: A. On alternating weekends from Friday after school until Sunday at 7:00 p.m. In the event Father schedules an activity with the minor child for Sunday evening, Father shall, upon reasonable notice to the Mother, have the opportunity to continue his alternating weekend time through Monday morning. B. On two evenings per week which shall be overnight. The time frame shall be from after school until when the child is taken to school the next day. These shall be Tuesday and Thursday unless agreed otherwise by the parties. On a weekly basis, Mother shall have physical custody of the minor child at all other times except when Father has custody as set forth in Paragraph 2 above. 4. During the summer months, both parties shall enjoy at least two (2) weeks vacation with the minor child as long as reasonable notice has been given to the other party. 5. In the event a trip is planed by the Father to take the minor child to Greece and reasonable notice is given to the Mother, the child shall be allowed to go to Greece for family activities with this time frame not counting against either parent for their summer vacation. 6. Mother shall always have American Easter weekend and Father shall always have Greek Easter weekend, the time frame being Friday through Sunday evening. Exhibit "A" 7. Christmas shall be divided between two segments with the first segment being the few days before Christmas until noon on Christmas Day and the second segment being from noon on Christmas Day until a few days after Christmas. For 1999, Mother shall have the child from the Thursday before Christmas until 3:00 p.m. on Christmas Day. Father shall have time from 3:00 p.m. on Christmas Day until December 29. The parties shall communicate with each other in advance of Christmas in future years to arrange the alternating schedule. 8. Thanksgiving holiday shall also be alternated, with one parent having Wednesday after school until Friday evening at 7:00 p.m. and the other parent having Friday evening at 7:00 p.m. until Monday at 7:00 p.m. In the year 2000, Father shall have the first time frame. 9. Mother shall always have the child on Mother's Day and Father shall always have the child on Father's Day. The time frame shall at a minimum be 9:00 a.m. until 7:00 p.m. 10. This order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with a Custody Conciliator for a Conference. BY THE COURT, cc: Johnna J. Deily, Esquire Lynn y. MacBdde, Esquire .....,ez. ZA. ice, . •?.Sy F i . + V? (ti Llj!p -7 • Lr) --l t. .'7 . ial? i cr) AUG 2 9 2 , JOHN S. VAYANOS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AUDREY J. PIERCE, : NO. 99-6195 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this 11 day of A W I , 2000, upon consideration of the attached Custody Conciliation Report, it is orde ed and directed as follows: 1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on the day of dlip?t/tee 2000, at Meng, M. at which time testimony will be taken in this case. At this hearing, the Mother, Audrey J. Pierce, shall be the moving party and shall proceed initially with testimony. The issue at this hearing will be Mother's request to have the existing custody schedule of the Father limited based upon the minor child's position. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called by that party and the summary of the anticipated summary of the testimony of each witness. This memorandum shall be filed at least three (3) days prior to the mentioned hearing date. 2. Pending the scheduled hearing, this Court's prior Order of December 10, 1999 shall remain in effect. Furthermore, the parties shall submit themselves to a counselor agreed upon by legal counsel for the parties. Father shall incur the expenses for the counseling sessions involving he and the child and the Mother shall incur any expense for any counseling sessions involving her. Involvement of the parties in the counseling shall be subject to the direction of the counselor. Both parties shall abide by the directives of the counselor in furnishing the minor child and accommodating their schedule to participate in the counseling. BY THE COURT, cc: Johnna J. Deily, Esquire Taylor P. Andrews, Esquire J. ? Oler, r. ? L? -?.pU R? 4Y i ,? ti JOHN S. VAYANOS, Plaintiff AUDREY J. PIERCE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6195 CIVIL IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PIkOCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: John S. Pierce, born May 2, 1985. 2. A Conciliation Conference was held on August 25, 2000, with the following individuals in attendance: The Father, John S. Vayanos, with his counsel, Taylor P. Andrews, Esquire; and the Mother, Audrey J. Pierce, with her counsel, Johnna J. Deily, Esquire. 3. This case is before the Conciliator on a petition from the Mother to modify the existing Custody Order. Mother asserts that the minor child desires to have more of an unstructured visitation schedule with the Father. Father's position is that he is reluctant to give up the visitation schedule because he fears the child will not visit him as often and he also fears the Mother will not encourage the child to go visit the child. Also, Father knows there are currently some communication problems existing between he and the Mother, and Father would like to address via counseling any issues between he and the minor child that may have triggered the child making these alleged requests. The parties arc unable to reach an agreement on this issue and a hearing is necessary. However, the parties are willing to institute the necessary counseling pending a hearing. 4. The Conciliator recommends the entry of an order in the forth as attached. 24Z wo ./? ATE Hubert X. Gilro , Esquire Custody Co iator JOHN 3. VAYANOS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW AUDREY J. PIERCE, NO. 99-6195 CIVIL Defendant IN CUSTODY PRE-TRIAL I. Background: The parties are the natural parents of John S. Pierce, born May 2, 1985. A Court Order was entered on December 10, 1999, granting primary custody to mother, subject to periods of partial custody in father on alternating weekends and two evenings per week to include overnights. Because of the activities of the child, the mother is requesting that the child not be made to have set periods of visitation with his father, but to allow the child's schedule and that of the parents to control in a less stringent manner. Mother has filed a Petition for Modification on this basis. II. Witnesses: a. Audrey J. Pierce, the mother. b. John S. Pierce, the minor child who wishes to testify about his desires to spend less time with his father, and to allow the parties' schedule to control periods of visitation. III. Proposed Resolution: To continue with mother as primary physical custodian, and to allow father to have periods of partial physical custody/visitation to comport with minor child's schedule. In the alternative, mother would request father having periods of partial physical custody on alternating weekends, with the week night visits be on a mutual consensus basis. Respectfully submitted, SAIDIS, SNUFF, FLOWER & LINDSAY SAIDIS, SHUFF & MASLAND enORMI-AteW 26 W. High Iftreel Grl41e. PA 1 i J na J Kopeck , EsV 2 W. H gh Street Carlisle, PA 17013 Attorney for Petitioner N NUU c u ?, JOHN S. VAYANOS, Plaintiff v AUDREY J. PIERCE, Defendant :IN,THF ggURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GIV1L'ACTION - LAW NO. 99-6195 CIVIL IN CUSTODY COURT ORDER AND NOW, this 2 ? day of 2000, upon consideration of the attached Custody Conciliation Report, it is orde ed and directed as follows: A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on the IA-r day of ?D!<2•?-7/we.?i 2000, at _ ,/ 30 M. at which time testimony will be taken in this case. At this hearing, the other, Audrey J. Pierce, shall be the moving party and shall proceed initially with testimony. The issue at this hearing will be Mother's request to have the existing custody schedule of the Father limited based upon the minor child's position. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called by that party and the summary of the anticipated summary of the testimony of each witness. This memorandum shall be filed at least three (3) days prior to the mentioned hearing date. 2. Pending the scheduled hearing, this Court's prior Order of December 10, 1999 shall remain in effect. Furthermore, the parties shall submit themselves to a counselor agreed upon by legal counsel for the parties. Father shall incur the expenses for the counseling sessions involving he and the child and the Mother shall incur any expense for any counseling sessions involving her. Involvement of the parties in the counseling shall be subject to the direction of the counselor. Both parties shall abide by the directives of the counselor in furnishing the minor child and accommodating their schedule to participate in the counseling. BY THE COURT, y Oler,Z cc: Johnna J. Deily, Esquire Taylor P. Andrews, Esquire ??/ r JOHN S. VAYANOS, Plaintiff AUDREY J. PIERCE, Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6195 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: John S. Pierce, born May 2, 1985. 2. A Conciliation Conference was held on August 25, 2000, with the following individuals in attendance: The Father, John S. Vayanos, with his counsel, Taylor P. Andrews, Esquire, and the Mother, Audrey J. Pierce, with her counsel, Johnna J. Deily, Esquire. 3. This case is before the Conciliator on a petition from the Mother to modify the existing Custody Order. Mother asserts that the minor child desires to have more of an unstructured visitation schedule with the Father. Father's position is that he is reluctant to give up the visitation schedule because he fears the child will not visit him as often and he also fears the Mother will not encourage the child to go visit the child. Also, Father knows there are currently some communication problems existing between he and the Mother, and Father would like to address via counseling any issues between he and the minor child that may have triggered the child making these alleged requests. The parties are unable to reach an agreement on this issue and a hearing is necessary. However, the parties are willing to institute the necessary counseling pending a hearing. 4. The Conciliator recommends the entry of an order in the forrn as attached. g a Jo 4WP D/6 ATE Hubert X. Gilro , Esquire Custody Co iator IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH John S. Vayanos, ) Civil Action - Law Plaintiff, ) VS. ) No. 99 - 6195 Audrey J. Pierce, ) Defendant, ) In Divorce a v.m. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF FRANKLIN ) Lynn Y. MacBride, Esquire, being duly sworn according to law, deposes and says that she is the attorney for the Plaintiff, John S. Vayanos, in the above-captioned matter; that she did serve a true and attested copy of the Complaint for Custody by mailing the same to Audrey J. Pierce, Defendant, by certified mail, restricted delivery, article number Z 455 603 289 on October 22, 1999, to her mailing address of Farmington Maner, 353 Farmington Drive, Shippensburg, Pennsylvania 17257; that said certified mail article was delivered to Defendant, Audrey J. Pierce, on October 25, 1999, all as appears from the receipt for certified mail and the return receipt attached hereto. WALKER, VAN HORN & MACBRIDE, a division of Barley, Snyder, Senft & Cohen, LLC By: ?A 1' -Q? Lyr n Y. Ma e, Esquire Attorney for Plaintiff Sworn ? ?ngd subscribe to before me this -1=dayof , 1999. Notary Public Notarial Soal Usa M. Eckstine, Notary Public Chamborsburg Born Franklin Colm`? My Commission Expires Juno J, 2 I LI!N/iAt11W/751N11o1 Member, PorxayNania Assodetkxt of NOUOCS Oil Z 455 603 289 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. r w ?t X e f a C I u I Do not use for interrtaeona; we ave rerv,ao to t me MOW) ' Pest te,&Zip i t Pa" Ceroeed Fee 0e cial Deliver s pe y Relatded "O" ?r F?ej, ; . t ti now Race" to •(. ; '? ` "M a Dale ` Roue NCep Sh" V.l Dee,a Amd" Moen TOTAL postage a Fees I $ 1 PamarkaDm I 1 R SENDER: f 'i • compete items 1 sndW 2W ¦"INNNal Onus. • Carders tems 3.4a. and ab. • 14¦e yoYurw?VlM ad WaeN ttn ire leveree or 1N/ lam ro net we CM retum Mil mrd ¦DApSenKNhJ k.toew hoof of V. madpen, or on IM back a)pan time not 1 • it A8 RecWpf Requealed'on tM M4,1" M below the amde number. 4 ¦ The Rehm Receipt we Now a Mgrs ft ¦rrrL wu deAvOW Ma iM NN 7 de wed. ?. Artlde Atltlrossatl t0:, 48. Article Nu 4b. Service T L& I also wish to receive the following san kes (for an ' extra too): 1. ? dtlressee's Address 2Aestrkied Delivery Consult postmaster for fee. ?Celtilled ? Insured i" El COD droquested r_ »+?--?a t.. r -0 ? Registered ? Express Mail PA ? RaunRetool forMer"-du 7. Date of Delivery 5. Rece ey: P 8. Addressee's Address (f7n, IN and fee is paid) 6: gnature: A e of Agent) X PS Form 3811, December 1991 t?wsese?za Domestic Rai ` c3 o ON IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH John S. Vayanos, ) Civil Action - Law Plaintiff, ) VS. ) No. f ` zm Audrey J. Pierce, ) Defendant, ) Custody ORDER OF COURT Now this -? day of QC 1999, upon consideration of the attached Complaint, it is hereby directed that the above parties and their respective counsel appear before j\)gtr C,L?\cd.l Esquire, the Conciliator, at ?- , Pennsylvania on the 11 CktRVC(- (h day of Nlo er"Y3ee 1999 at q,'.1*) o'clock 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 issued to be heard by the Court, and to enter into a temporary order. All children ages 5 or older may be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. For the Court: By: Custody Conciliator -?? 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17003 (717) 249-3166 or 1-800-990-9108. CC I I ; P; L: II 1,J.Nl IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH John S. Vayanos, VS. Audrey J. Pierce, COMPLAINT FOR CUSTODY 1. The Plaintiff Is John S. Vayanos (natural father) residing at 213 North Prince Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant Is Audrey J. Pierce (natural mother) is believed to be residing at Farmington Manor, 353 Farmington Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Plaintiff seeks custody of the following child: Name Address Age John S. Pierce Unknown 14 (DOB: 5/2/85) The child was born out of wedlock. The child is presently in the custody of Audrey J. Pierce (natural mother), current address unknown. Civil Action - Law Plaintiff, ) No. 99- G /9-5"&4?Y 7.-". Defendant, ) Custody During the past five years the child has resided with the following persons and at the following addresses: Name Mother and Father Mother and Unknown individuals Address 213 North Prince Street Shippensburg, PA various unknown addresses Date From prior to September 1994 to August 6, 1999 August 6, 1999 to present The mother of the child is Audrey J. Pierce, whose current address Is believed to be Farmington Manor, 353 Farmington Drive, Shlppensburg, Pennsylvania 17257. She is single. The father of the child is John S. Vayanos, 213 North Prince Street, Shlppensburg, Cumberland County, Pennsylvania 17257. He is single. 4. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: Name None Relationship 5. The relationship of Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: Name Unknown Relationship 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 any other court. Plaintiff has no Information of a custody proceeding concerning the child pending In a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because Plaintiff is better able and willing to provide for the child's needs at this point In time and specifically: a. Mother and Father resided together since prior to the birth of the child and Father has been an equal and important caregiver to the child since birth; b. Mother became involved with another man and left the family residence taking the child with her; C. Mother has had no permanent or consistent address or residence for herself or the child since separation on August 6, 1999, moving from place to place every several days; d. The child had been an athlete and A student at his high school; e. Since separation, Father has maintained almost daily contact with the child by providing the child a credit card so that the child can contact him each day if possible and by meeting the child at the school bus stop where Mother drops off the child In the morning; f. Since separation, Father has seen the child or had contact with the child almost daily until on or about Thursday, September 9, 1999; g. On or about September 9, 1999, Mother took the child out of school and the child was not returned to school until approximately September 15, 1999; h. Father resides In the only home the child has ever known and can provide a loving and stable home for the child. 8. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and right to intervene: NONE 9. It is unknown whether the Defendant Is represented in this matter. 10. A copy of this Complaint will be served on the Defendant via regular U.S Mail. WHEREFORE, Plaintiff requests this Honorable Court to grant him primary physical custody of the child. WALKER, VAN HORN & MACBRIDE, a division of BARLEY, SNYDER, SENFT & COHEN, LLC By: L-122 Ly n Y. Macee ide, Esquire Attorney for Plaintiff I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?-- -?? Date: I 0 S `1 `1 - John S. yanos, Plaintiff 1 i. rte :5) v JOHN S. VAYANOS, Plaintiff V. AUDREY J. PIERCE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA By the Court, CIVIL ACTION - LAW NO. 99-6195 CIVIL IN CUSTODY AND NOW, this 2nd day of November, 2000, upon consideration of Defendants Petition for Modification of Custody, and following a hearing held on November 1, 2000, it is ordered and directed as follows: 1. Paragraph 2(B) of the order of court dated December 10, 1999, is amended to read as follows: On one evening every week, which shall be overnight. The time frame shall be from after school until when the child is taken to school the next day. This shall be Thursday unless agreed otherwise by the parties. 2. In all other respects, the order of court dated December 10, 1999, shall remain in full force and effect. Taylor P. Andrews, Esquire Attorney for Plaintiff Johnna J. Kopecky, Esquire Attorney for Defendant era Wea ey L'ap.u;? ? . ? 1 11.3-00 RXS JOI IN VAYANOS Plaintiff VS. AUDREY PIERCE, Derendant IN TI11-1 COURT OF COMMON.PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO, 99.6195 CIVIL. TERM IN CUS'T'ODY ORDER -Ali 44 2 tGd?-, .? APr;l 2 > AND NOW, in consideration of the attached Motion which is not contested by the opposing party, and further considering that there is no issue in the above captioned case currently active belbre the Court, leave Is hereby granted to the Petitioner, Taylor P. Andrews, Esquire to withdraw its counsel litr the PluintilT, John Vayanos. cc: John Vayanos 213 North Price Street Shippensburg,PA 17257 Taylor 11. Andrews, Esquire Petitioner Johnnu J. Kopecky, Esquire Attorney lbr Delcndanl nv 1111 It, rat 10111 I JOIIN VAYANOS Plaintiff VS. AUDREY PIERCE, Defendant : IN TI IE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99-6195 CIVIL TERM : IN CUSTODY ORDER ANI) NOW, in consideration of the attached Motion the Plaintiff, John Vayanos is hereby directed to Show Cause Why this Court should not grant leave to Taylor P. Andrews, Esquire to withdraw its counsel for John Vayanos, Plaintiff in the above captioned action. This Order shall be served upon John Vayanos by personal service or certified mail, return receipt requested. John Vayanos shall answer this Motion within _ days of the date that he is served with it copy of this Motion. I3Y THE COURT. J. Wesley Oler, Jr., J. cc: Taylor 11. Andrews, Esquire Petitioner Johnna J. Kopecky, Esquire Attorney for Defendant JOHN VAYANOS Plaintiff VS. AUDREY PIERCE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6195 CIVIL TERM IN CUSTODY Petitioner, Taylor P. Andrews, Esquire, of Andrews R. Johnson respectively represents: 1. Petitioner entered an appearance on behalf of the above named Plaintiff and appeared on Plaintiffs behalf at a conciliation conlerence on August 25, 2000 and for a Court hearing on November I, 2000. 2. The above referenced hearing was on Defendant's Motion for Modification of a Custody Order. The Order of The Honorable J. Wesley Olcr, Jr. resolving the Motion is attached hereto as Exhibit A. 3. Since the conclusion of the custody issue presented by Defendant's Motion for Modification, the relationship of Petitioner as Plaintiffs counsel and Plaintiff has deteriorated to the point that Petitioner seeks to withdraw as Plaintiff's counsel. 4. Defendant's counsel. Johnna J. Kopecky, Esquire concurs in this Motion. 5. Petitioner seeks leave of Court to withdraw as counsel for the Plaintiff, John Vayanos in the above captioned custody action. 6. There is no pending claim for determination in the above referenced custody action. Wherefore, Petitioner prays your I lonorable Court to grant leave to Petitioner to withdraw as Plaintiffs counsel in the above captioned case. uyl r P. Andrews. I.sq. t eme Ct. 0 15641 78 W. Pomfret St. Carlisle, PA 17013 JOHN VAYANOS : IN Ti w. COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. AUDREY PIERCE, Defendant :NO. 99-6195 CIVIL TERM IN CUSTODY CERTIFICATE OFF SERVICE I hereby certify that on this date, mac' v' , 2001, I mailed a copy of Petitioner's Motion for Leave of Court t ithdmw as Plaintiffs Counsel, to the following person at the following address by U.S. Mail, postage prepaid: John Vayanos 213 North Prince Street Shippcnsburg,PA 17257 1 verify that the statements made in the foregoing Certificate of Service 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. Taylor 11. Andrews, Esq. Attorneys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 ANDREWS R. JOI INSON i , , ?:, ?., ,. .:, .;; , .. . , ? ? z ? _ ??? ?r, .;, ?? - ?_ : ? _ : ? ?_ {, 1 . c( M i:. (? f? `? ?? (? JOHN VAYANOS Plaintiff VS. AUDREY PIERCE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99-6195 CIVIL TERM IN CUSTODY To the Prothonotary: Please withdraw my appearance on behalf of the Plaintiff, John Vayanos, in the above captioned action. Respectfully submitted, ylo P: Andrews, Esq. ue me Ct. # 15641 9 W. Pomfret St. Carlisle, PA 17013 717 243-0123 Johnna J. Kopecky, Esq. ai r; cn d