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HomeMy WebLinkAbout99-07207i x I n o- .0 1? ;1 __ ______ . ..............................rr.r rnrnrn:rrrnrnxnrrxnx.....:rrele...A°I, IIPXIIIP COUNT' OF COOK STATE OF ILLINOIS OFFICE OF THE COUNTY CLERK zn, CERTIFICATION OF MARRIAGE LICENSE NUMBER: 9926648-0 BETEEN GROOM'S NAME: GUSTAVO W GUTIERREZ MUNOZ AGE: 26 A BRIDE'S NAME: HAYDEE N D AGE: 28 FIGUEROA 0 N DATE OF MARRIAGE: SEPTEMBER 03, 1999 WERE UNITED IN MARRIAGE IN THE COUNTY OF COOK, AND STATE OF ILLINOIS` I N A CIVIL CEREMONY NAME: GEORGE W. COLE B Y OFFICIATE TITLE: JUDGE A T PLACE OF MARRIAGE: CHICAGO, ILLINOIS DATE RECORDED: SEPTEMBER 03, 1999 APPLICATION DATE: SEPTEMBER 02, 1999- This is to Certify that this 'IS a -trueend correct abstract from the official record r Q173443 6 '°ad with the efflee of the Cook County Clerk. O,r ISSJED AT: COUNTY LI C CHICAGO. ILLINOIS 60602- qOx ff' LLIaL? aJ///11LaQaLL[rrr q?N// rx'` f1r.. p DAVID D. ORR 11/12/1999 12 43 COUNTY CLERK Thls copy Is not veiitl unloas displaying .. om0ossetl seals of Caok Cauntr and Countv Clerk aia nature cur pj [G>;p W 126 STATE c7?--7".; "? .. HARRISBURG 'ATTORNEY AT.'LAW ;? JUAN A. PEREZ, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. qq - `7 oZU L HAYDEE FIGUEROA Defendant CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Petition, it is hereby directed that the parties an their respective counsel appear before Qp?c 1 S 24, , the Conciliator, on the 1-day of bLC 1999/--1994, at1 OU p. m., at ' T Q } PA for a Pre-Heating Custody Conference. At such Conference, an effort will be madthe issues in dispute; or if this cannot be accomplished, to define and narrow the issues and 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 the entry of a Temporary or Permanent Order. For the Court, Date of Order-21:1. {99 By: r Cl>J -sA. ?3I11C1na?- C d2 Custody Conciliator" --) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YO 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 4"' FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240 6200 , /d•/f;'y' '7'v?lct icr<u.?'? ? Chi - 13 - 7 - j • o JUAN A. PEREZ, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. C/ ri. CIVIL ACTION-LAW HAYDEE FIGUEROA, CUSTODY Respondent PETITION FOR CUSTODY AND NOW, this _ day of _t t l" 1999, comes the Petitioner Juan A. Perez by and through his attomey oseph J. Dixon, Esquire who respectfully requests a Hearing scheduled concerning the custody of his children. 1. Your Petitioner is Juan A. Perez, an adult individual who resides at 1395 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17113. 2. The respondent is Haydee Figueroa, an adult individual who now resides at 5526 W. 26's Street, Apt. 4, Cicero, Illinois 60804-3300. 3. Your Petitioner and Respondent are natural Father and Mother of two (2) minor children: Elizabeth Marie Perez born August 11, 1991 and Juan A. Perez, Jr. born July 7, 1993. 4. The Petitioner and Respondent have resided at their home at 1395 Grandview Court in Carlisle, Cumberland County, Pennsylvania from April 1, 1999 through November 5, 1999. 5. The Petitioner, Juan A. Perez still resides at that location with his son Jordan Bany Perez, age 10 years old. 6. There has been no prior custody action in this or any other jurisdiction. Your Petitioner believes and therefore avers that he can provide a good and proper home environment for the minor children Elizabeth Marie Perez and Juan A. Perez, Jr.. Your Petitioner believes and therefore avers that it is in the minor children's interest to be reunited with their Father and Brother at their home at 1395 Grandview Court, Carlisle, Cumberland County, Pennsylvania. 9. Your Petitioner believes and therefore avers that as of the date of this Petition, the Respondent has not enrolled the children in a school in Cicero, Illinois. 10. Your Petitioner believes and therefore avers that the Respondents move from their home on November 5, 1999 without any notice to himself created a substantial hardship upon the minor children. 1 I. Your Petitioner believes and therefore avers that the sudden move from the family home has significantly disrupted the children's education in the third and first grade at Hamilton Elementary School in Carlisle Pennsylvania. 12. Your Petitioner believes and therefore avers that the respondent is currently residing with a boyfriend she met through the Internet in Cicero Illinois. 13. Your Petitioner believes and therefore avers that the Respondent is not providing a good and proper home environment for the children. 14. Since birth, the children have resided at the following addresses: 181 201 Avenue, Patterson, New Jersey from 1991 through 1993. The parties the resided at 21 South 19'h Street, in Harrisburg, Dauphin County, Pennsylvania from 1993 through 1997. The parties resided at 2639 North 61 Street in Harrisburg, Dauphin County, Pennsylvania from 1997 trough April of 1999. 15. Your Petitioner believes and therefore avers that the Pennsylvania courts in the Court of Common Pleas of Cumberland County has Jurisdiction over the minor children. WHEREFORE, Your Petitioner prays this Honorable Court enter a court order granting custody of the minor children to the Petitioner. Respectfully submitted, By: .10 PH J. DIXON, ESQUIRE 126 STATE STREET HARRISBURG, PA 17101 717-236-8515 ATTORNEY FOR THE PETITIONER DATE:;/ ``i? 'l VERIFICATION I verify that the statements made in this -66)}r are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. DATED: ?J ? Vy (T)r v r? c'i u. Cn - \ U L? ?J i N VIC) ??iu JUAN A. PEREZ, : IN'rHE COURT OF COMMON PLEAS OF Petitioner . CUMBERLAND COUNTY, PENNSYLVANIA Vs. 99-7207 CIVIL CIVIL ACTION - LAW FIAYDEE FIGUEROA, Respondent CUSTODY IN RE: PETITION FOR EMERGENCY RELIEF ORDER AND NOW, this 2 t4p day of December, 1999, a brief hearing on the within petition for emergency relief is set for Thursday, December 16, 1999, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Joseph J. Dixon, Esquire For the Petitioner Haydee Figueroa 5526 W. 26'h Street Apt. 4 Cicero, IL 60804-330 :rlm BY THE COURT, i F?? ?:C;-? -;,: ,-3,f :.?i o= " 1t: 1' C ,'Jidi Cu?1.1ci?i?: i :_.rG;?::a JUAN A. PEREZ, Petitioner V. HAYDEE FIGUEROA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 9c - 'MV 7 ? CUSTODY ORDER OF COURT AND NOW, this day of , upon consideration of the Petition for Emergency Relief it is hereby ordered and decreed that the minor children Elizabeth Marie Perez and Juan A. Perez, Jr. be returned to the custody of their Father Juan A. Perez. It is further ordered that the Respondent Haydee Figueroa shall have an opportunity to have a Hearing on the issue of custody at a Custody Heating scheduled in the Court of Common Pleas of Cumberland County in Carlisle, Pennsylvania. Date: By: J. JUAN A. PEREZ, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA NO. 2 9- 7J u r ?? ?( ?.? V. CIVIL ACTION-LAW HAYDEE FIGUEROA, CUSTODY Respondent PETITION FOR PENN PENNSYLVANIA RULES OF CIVIL PROCEDURE 1915.13 OF THE AND NOW, this 24' day of November 1999 comes the Petitioner Juan A. Perez by and through his Attorney, Joseph J. Dixon, Esquire who respectfully avers as follows: 1. Your Petitioner is Juan A. Perez, an adult individual who resides at 1395 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17113. 2. The Respondent is Haydee Figueroa, an adult individual whose last known address is 1395 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17113. 3. Your Petitioner and Respondent are natural Father and Mother of two (2) minor children, Elizabeth Marie Perez, born August 11, 1991 and Jaun A. Perez, Jr., born July 7, 1993. 4. The Petitioner and Respondent have resided at their home at 1395 Grandview Court in Carlisle, Pennsylvania from April 1, 1999 through the present. 5. On November 5, 1999, the Respondent without any notice to your Petitioner, moved out of the residence at 1395 Grandview Court and took the parities two (2) minor children with her. 6. The Petitioner at the time the Respondent left the home did not know exactly where she was going. It was his understanding she was going to Chicago, Illinois. You" Petitioner has recently found out that she is residing with a boyfriend she met through the Internet whose residence is, 5526 W. 2611 Street, Apartment 4, Cicero, Illinois 60804-3300. 7. The Petitioner believes and therefore avers it is not in the best interest of his two (2) minor children to be moved to an unknown location in Chicago, Illinois. 8, Your Petitioner believes and therefore avers that he could provide a good and proper home environment for his children. 9. Your Petitioner believes and therefore avers that the childrens' education in third and first grade at Hamilton Elementary School in Carlisle, has been seriously disrupted by the move made by the Respondent. 10. Your Petitioner believes and therefore avers that the Respondent is moving to Chicago, Illinois to be with a boyfriend she met through the Internet. 11. Your Petitioner believes and therefore avers that the Respondent will not have a good and proper home environment for the minor children. 12. Since birth, the children have resided at the following addresses: 181201 Avenue, Patterson, New Jersey from 1991 through 1993. The parties then resided at 21 South 19' Street, in Harrisburg, Dauphin County, Pennsylvania from 1993 through 1997. 13. The parties resided at 2639 North 6" Street in Harrisburg, Dauphin County, Pennsylvania from 1997 through April of 1999. 14. Your Petitioner believes and therefore avers that the Pennsylvania Courts in the Court of Common Pleas of Cumberland County has jurisdiction over the minor children at this time. WHEREFORE, Your Petitioner prays this Honorable Court enters a Court Order retuming the children to the Petitioner until a full custody hearing can be held on this matter. Respectfully submitted, By: 1 SEP DIX N, ESQUIRE 126 STATE STREET HARRISBURG, PA 17101 717-236-8515 ATTORNEY FOR THE PETITIONER DATE: VERIFICATION M t,t 9?"4v c?/ y? I verify that the statements made in this I& b 4/ 42A) -- are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATED: ,:tea ? r ri: ?` ]J c>- r? iu ' r= .r v ci CJ JUAN A. PEREZ, Plaintiff V. HAYDEE FIGUEROA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-7207 CIVIL TERM IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 16th day of December, 1999, after hearing, the petition for emergency relief is granted in part, in that while temporary physical custody is confirmed in the mother it is ordered and directed that the children be returned to the father for the Christmas school vacation. By the Court, Joseph J. Dixon, Esquire For the Plaintiff James Kayer, Esquire For the Defendant ri A. Hess,/ J. , -Go? . rrt,cLc.Ep ,aLl. /7-99 R Ks :bg dn JUAN A. PEREZ, VS. PLAINTIFF, HAYDEE FIGUEROA, DEFENDANT, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99-7207 IN CUSTODY ORDER OF COURT AND NOW, this 15th day of December, 1999, the Conciliator, hereby relinquishes jurisdiction in this case based on the fact that the Defendant/Mother did not appear for the Custody Conciliation Conference scheduled on this date and Plaintiff's counsel indicated that the Mother probably did not receive notice of the Conference. The Conciliator was advised that a Hearing is scheduled on the Father's Petition for Emergency Relief before The Honorable Kevin A. Hess on December 16, 1999. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator i SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 1999-07207 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PEREZ JUAN A VS. FIGUEROA HAYDEE R. THOMAS KLINE Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, served the within named RESPONDANT, FIGUEROA HAYDEE by United States Certified Mail postage prepaid, on the 8th day of December 1999 , at 8:00 HOURS, at 5526 WEST 26TH STREET APT 4 CICERO,_ IL 60804-3300 a true and attested copy of the attached PETITION FOR EMERGENCY RELIEF The returned receipt card was signed by HAYDEE FIGUEROA on 12/13/1999. Sheriff's Costs: S Docketing 18.00 Cert Mail 3,99 Affidavit .00 Surcharge 8.00 $Z9-4T'JOSEPH 12/16/1 Sworn anj subscrib to before me D. thi-sJ ?y - day of " S1 i N N • `a • c . a y e E u 0 T N or 2 for additional services. and 4b. ldmss on the reverso of this form so that we can return this front of the mailpieae, or on the back it space does not Haydee Figueroa 5526 West 26th St Apt. 4 Cicero, I11 60804 PS Form 3811, December 1994 I also wish to receive the following services (for an extra fee)' 1. ? Addressee's Address Z , 2. ? Restricted Delivery m Consult postmaster for fee. ! 4a. Article Number bag u t c of 4b. Service Type II Certified 3 ? Registered insured c ' ? Express Mail ? Return Receipt for Merchandise ? COD 7. Date of Delivery r 8. Addressee' Addres oral it requesfed T t m and fee is paid) i i 1x2595.98 13-0229 Domestic Return Receipt i LO CL y. i ? r L_ i?r_, r .. ? -?',' JUAN A. PEREZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. HAYDEE FIGUEROA, Defendant NO. 99-7207 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 13' day of 2000, upon consideration of the attached Custody Conci iatio Report, it is ordered and directed as follows: 1. The Father, Juan A. Perez, and the Mother, Haydee Figueroa, shall have shared legal custody of Elizabeth Marie Perez, born August 11, 1991, and Juan A. Perez, Jr., born July 7, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children during any periods of time when the Children are not in school, including the summer school break each year and school holiday breaks. The Father's periods of custody during the summer school vacation shall end two weeks prior to the beginning of the next school year. In addition, the Father shall have custody of the Children at any time when the Father travels to Illinois. 4. The parties shall share responsiblity for providing transportation for exchanges of custody. 5. Each party shall ensure that the other party has his or her current address and telephone number. 6. The Mother shall provide the Father with the school calendar for the current year within 15 days of the date of this Order and shall provide the Father with the school calendar for future years upon receipt from the school district. 7. The parties agree that this Court shall retain jurisdiction over this custody matter. OF 10- 00 JAIN 13 AM I k 50 T ?U wSC?H? .U Ccui oY PENINSY0,1MIA 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Joseph J. Dixon, Esquire - Counsel fp?r Father James J. Kayer, Esquire - Counsel for Mother 11?164 1&pXt-D) ,/MOA 1-1.3-00 -RK3 J JUAN A. PEREZ, Plaintiff VS. HAYDEE FIGUEROA, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7207 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 children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Elizabeth Marie Perez August 11, 1991 Mother Juan A. Perez, Jr. July 7, 1993 Mother 2. A Custody Conciliation Conference was held on December 30, 1999, with the following individuals in attendance: The Father, Juan A. Perez, with his counsel, Joseph J. Dixon, Esquire, and the Mother, Haydee Figueroa, with her counsel, James J. Kayer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ? 3-T-- Da S. Sunday, Esq ? Date Custody Conciliator