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HomeMy WebLinkAbout07-2540ANDREW HEADLEY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. DEANNA VASQUEZ : CIVIL ACTION - LAW Defendant. : IN CUSTODY COMPLAINT FOR CUSTODY AND COMES NOW, Andrew Headley, by and through his attorney, Thomas M. Clark, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. The Plaintiff is Andrew Headley, who currently resides at 123 Paxtang Avenue, Harrisburg, Dauphin County, Pennsylvania 17111. 2. The Defendant is Deanna Vasquez, who currently resides at 31 Queen Street, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks primary physical custody of the following child: Marianna Vasquez, born September 10, 1998. The child was born out of wedlock. The child is presently in the physical custody of Defendant. 4. During the past five years, the child has resided with the following persons and at the following addresses: Dates Address Persons A. August 2004 to Present Milton Hershey School Hershey, PA Houseparents B. Unknown dates 31 Queen Street, Mother, maternal grandmother Enola, PA 17025 C. Unknown Date Unknown address Carlisle, PA D. Unknown Date Unknown address Camp Hill, PA Mother Mother and her husband The mother of the child is Deanna Vasquez, currently residing at 31 Queen Street, Enola, Pennsylvania. The father of the child is Andrew Headley, currently residing at 123 Paxtang Avenue, Harrisburg, Pennsylvania. 5. The relationship of Plaintiff to the child is that of father. 6. The relationship of Defendant to the children is that of mother. The child currently resides with Defendant. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting Plaintiff primary physical custody of the child. 10. 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. WHEREFORE, Plaintiff respectfully requests This Honorable Court to award him primary physical custody of the minor child with partial physical custody to Defendant. Respectfully submitted, WIL , OX, COLGAN & MARZZACCO i? Dated: By: / % Thomas M. Clark, Esquire ID # 85211 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 ANDREW HEADLEY, Plaintiff, VS. DEANNA VASQUEZ Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :No. Cto `T?1-y?1 : CIVIL ACTION - LAW : IN CUSTODY VERIFICATION 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. §4904 relating to unworn falsification to authorities. 0 Z-7 Date: Andrew Headley, Plainti f C) _cz {4 Yl Q d R l?J t- --C tD N C) 'i 1 .94 _Cyr,r. `? rn ANDREW HEADLEY PLAINTIFF V. DEANNA VASQUEZ DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2540 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 24, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at _ 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 21, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. Jim 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 HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 3AL 20, ANDREW HEADLEY, Plaintiff VS. DEANNA VASQUEZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2540 CIVIL ACTION CIVIL ACTION - LAW IN CUSTODY RETURN OF SERVICE On the 4 t h day of June, 2007, I, Gene McCaleb, Process Server, served DEANNA VASQUEZ, with the Complaint for Custody and Court Order scheduling a Pre-Hearing Conference for June 21, 2007 at 9:30 a.m. by In hand personal service to Ms. Vasquez (manner of service) at 31 Queen Ave., Enola, PA 17025 , at 5:40 p m. (time of service). I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: June 4, 2007 ) X-e / GENE Mc-CALEB, PROCESS SERVER r-a CO >. r, 'VI JUN 2 5 2007 i ANDREW HEADLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW DEANNA VASQUEZ, : NO. 07-2540 Defendant : IN CUSTODY COURT ORDER AND NOW, this J 7 day of June, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. - of the Cumberland County Courthouse on the R-111- day of 2007 at < Ani . At this hearing, the father shall be the moving party and shall proceed initially with testimony. 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 summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following TEMPORARY Custody Order is entered: A. The father, Andrew Headley, and the mother, Deanna Vasquez, shall enjoy shared legal custody of Marianna Vasquez, born September 10, 1998. This provision giving both parents shared legal custody is the specific authorization for all school officials, health officials and related entities to provide both parents with information concerning the minor child. B. The mother shall enjoy primary physical custody of the minor child. C. The father shall enjoy periods of temporary physical custody of the minor as follows: i. On alternating weekends from Saturday at 9:00 a.m. until Monday when father will either deliver the child to the daycare provider or to mother's home at the end of the day on Monday. ii. For father's one week vacation during the summer, father shall have custody of the minor child for the entire week. Father shall notify mother immediately upon learning of his week vacation. 04, iii. During the day while mother is at work and father is available to care for the child, father may make arrangements to remove the child from daycare to spend time with the child as long as father gives adequate notice to the mother and to the daycare agency. iv. At such other times as agreed by the parties. BY THE COURT, Judge cc: Thomas M. Clark, Esquire Jeanne B. Costopoulos, Esquire c.-a7o7 rJ 4d t-q 61 .ol M LZ Chi' LODZ tid 3HI AwiONC -, -- s. , ANDREW HEADLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : CIVIL ACTION - LAW DEANNA VASQUEZ, : NO. 07-2540 Defendant : 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: Marianna Vasquez, born September 10, 1998. 2. A Conciliation Conference was held on June 21, 2006, with the following individuals in attendance: The father, Andrew Headley, with his counsel, Thomas M. Clark, Esquire, and the mother, Deanna Vasquez, with his counsel, Jeanne B. Costopoulos, Esquire. 3. The father has filed Petition seeking primary custody. The history of the case is that the child was in Milton Hershey through February of this year after which the child was removed from the school and has been in the primary custody of the mother. The history of the case also suggests that father has not enjoyed any overnight visitation with the minor child and the mother has been the primary custodian. 4. The parties could not reach an agreement and a hearing is required. The Conciliator recommends an Order in the form as attached which addresses a temporary Order allowing the father to have periods of temporary physical pending the hearing. Date: ubert X. ilroy Esquire Custody Conc" ator ANDREW HEADLEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. IN CUSTODY DEANNA VASQUEZ, DEFENDANT NNO. 07-2540 CIVIL IN RE: REQUEST FOR CONTINUANCE OF HEARING ORDER OF COURT AND NOW, this 4th day of October, 2007, upon consideration of a letter from counsel for Plaintiff stating that the parties are close to reaching an agreement in this matter and that counsel jointly request that the hearing be continued, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for Monday, October 8, 2007, is continued until Thursday, November 8, 2007, at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Thomas M. Clark, Esquire Attorney for Plaintiff Jeanne B. Costopoulos, Esquire Attorney for Defendant M. L. Ebert, Jr., bas By the Court, r - I 1o ? iA7 ANDREW HEADLEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. IN CUSTODY DEANNA VASQUEZ, DEFENDANT NNO. 07-2540 CIVIL IN RE: REQUEST FOR CONTINUANCE OF HEARING ORDER OF COURT AND NOW, this 8" day of November, 2007, it appearing that the pending issue has been resolved and counsel are preparing an agreement to be signed by the parties, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for this date is cancelled and may be rescheduled at the request of either party if required. By the Court, ?% -? ?=A M. L. Ebert, Jr., J. X mas M. Clark, Esquire Attorney for Plaintiff eanne B. Costopoulos, Esquirf Attorney for Defendant bas v j;, v .. ?'..i eta ? 3 !!-. ANDREW HEADLEY, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 07-2540 DEANNA VAZQUEZ, CIVIL ACTION - AT LAW C= U-1 Defendant : CUSTODY - :: ?? ..u.: CD STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, come the parties, Andrew Headley, Plaintiff, by and through Thomas M. Clark, Esquire, and Deanna Vazquez, Defendant, by and through her atto44 Je and B. Costopoulos, Esquire, and respectfully request the following Stipulation to be entered as an Order of Court: WHEREAS the parties, Andrew Headley (Father hereinafter) and Deanna Vazquez (Mother hereinafter), have born to them on September 10, 1998, a child, namely Marianna Vazquez (the child hereinafter); and, WHEREAS, both parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the child, and WHEREAS, both parties have been provided an opportunity to review this Stipulation with counsel prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Legal Custody: Father and Mother shall enjoy shared legal custody of the child. This provision giving both parents shared legal custody is the specific authorization for all school officials, health officials and related entities to provide both parents with information concerning the child. 2. PPiIl M Physical Custody Mother shall enjoy primary physical custody of the child. 3. Partial Physical Custody Father shall enjoy partial physical custody of the child as follows: A. Alternating weekends from Saturday at approximately 8:30 am. until Monday at approximately 8:30 am. Father shall be flexible regarding the morning exchange times to accommodate Mother's varying work schedule. Mother shall provide at least 48 hours notice to Father of her Saturday and Monday morning schedules so that adjustments can be made to the exchange time or drop off location if necessary B. Father may exercise additional periods of partial custody at such other times as the parties mutually agree. 4. Vacation Every summer, both parties shall each be entitled to one uninterrupted vacation week with the child with at least thirty (30) days notice to the other party. A vacation week shall be defined at seven (7) days and shall include the vacationing party's regularly scheduled period of weekend custody. 5. Ho ' s A. Christmas Father shall have custody of the child in all odd-numbered years and Mother shall have custody of the child in all even-numbered years from 8:00 p.m. Christmas Eve until 11:30 am. Christmas day. Father shall have custody of the child I all even-numbered years and Mother shall have custody of the child in all odd-numbered years on Christmas Day from 11:30 am, until 9:00 p.m. B. Mother's Day/Father's Dav Mother's Day shall be with Mother, Father's Day shall be with Father. This visitation shall be from 9:00 am. until 5:00 p.m. or as arranged by the parties. This section shall supersede any other section contained in this agreement. C. Any other major holidays, including birthdays, shall be discussed and agreed upon between the parties at last one week prior. D. This section shall supersede any other section contained in this agreement. b. Tr a Wrfttion Unless previously agreed otherwise between the parties, Mother shall drop the child off to Father's residence at the beginning of Father's custodial periods and Father shall drop child off at school, or at such other place agreed upon between parties if the child is not in school. 7. Extracm ricular Activities Both parties shall take the child to extracurricular activities that are scheduled to take place during his or her custodial time. The parties shall provide reasonable notice to each other as to when such activities are scheduled to take place. 8. Address and Phone Number Both parties shall keep each other informed of his or her current address and phone number. Any changes in address or phone number shall be provided to the other party within twenty-four (24) hours of the change. 9. Estratngement Neither party shall do or say anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the child comply with this provision. .6 4 `1°1 -7 D TV? EC C ' 2007 NEC I'V Pil 12: 13 10. Modification Any of the provisions of this Agreement may be modified ' [i deee upon mutual consent of both parties or upon further Order of Court. Date: ,/% 7U7 Signature: ^-c An w Headley, Plaintiff Date: Signature: /--? ? < Thomas M. Clark, Esquire Attorney for Plaintiff Date: Signature: Deanna. V z, Defendant Date: 11 ? signature: i Jeanne B. Costopoulos, Esquire Attorney for Defendant : ) DEC 13 2007 p ANDREW HEADLEY, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 07-2540 DEANNA VAZQUEZ, : CIVIL ACTION - AT LAW Defendant : CUSTODY ORDER OF COURT AND NOW, this 171h day of 0 e.'Lt'ftb Gr , 2007, upon consideration of the attached Stipulation for an Agreed Order of Custody which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that said Stipulation is hereby approved and adopted as an Order of Court with full weight and effect as if it had been set forth in fiill hereinafter. It is binding and enforceable upon the parties hereto. All prior Orders in this matter are hereby vacated. BY THE COURT: rM -?- ?-" \ I M. L. Ebert, Jr., J. "mas M. Clark, Esquire Attorney for Plaintiff ann,6 B. Costopoulos, Esquire "Attorney for Defendant 5 VWA"i AI.Nfc?C} OtYII L Z: II WV L i MOM AWiONOHIOdd M 30H-40-GM