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HomeMy WebLinkAbout07-4511IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN G. VASILIADIS, II, Plaintiff IN CUSTODY vs. KAREN L. HOUSE, CIVIL ACTION -LAW Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualguier quej a o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes Para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN G. VASILIADIS, II, Plaintiff . vs. KAREN L. HOUSE, . Defendant IN CUSTODY CIVIL ACTION -LAW COMPLAIN---T~~FOR PARTIAL CUSTODY AND NOW, this ~ day of~, 2007, comes Plaintiff, John G. Vasiliadis, II, by and through his attorneys, Knight & Associates, P.C., and files the following Complaint for Partial Custody in support thereof avers as follows: 1. Plaintiff is John G. Vasiliadis, II, who resides at 243 Emily Lane, Magnolia, Delaware 19962. 2. Defendant Karen L. House resides at 15 Palmer Drive, Camp Hill, Pennsylvania 17011. 3. The Plaintiff seeks partial custody of the following child: Name Present Residence Awe D/OB Sabrina Rose Vasiliadis 15 Palmer Drive 8 February 18, 1999 " Camp Hill, Pennsylvania 17011 Sabrina was not born out of wedlock. Sabrina is presently in the physical custody of the Defendant. During the past five years, Sabrina has resided with the following persons and at the following addresses: a. From June of 2002 to December of 2005 with Plaintiff and Defendant at 15 Palmer Drive, Camp Hill, Pennsylvania; and b. From December of 2005 to present with Defendant at 15 Palmer Drive, Camp Hill, Pennsylvania. The mother of Sabrina is Defendant, Karen House and she currently resides at 15 Palmer Drive, Camp Hill, Pennsylvania. She is unmarried. The father of Sabrina is Plaintiff, John G. Vasiliadis, II, and he currently resides at 243 Emily Lane, Magnolia, Delaware. He is married to Michelle Renee Vasiliadis. 4. The relationship of Plaintiff to Sabrina is that of natural father. He currently resides with his wife and her children, Daulton Webb and Delaney Webb. 5. The relationship of Defendant to Sabrina is that of natural mother. It is unknown whether she resides with anyone other than Sabrina. 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of Sabrina in this or another court. The Plaintiff has no information of a custody proceeding concerning the custody of Sabrina in this or any other court. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of Sabrina or claims to have custody or visitation rights with respect to Sabrina. 7. The best interests and permanent welfare of Sabrina will be served best by granting the relief requested because: a) The Plaintiff provides Sabrina with a home with adequate moral, emotional and physical surroundings as required to meet Sabrina's needs; b) The Plaintiff is, and has always been, willing to accept custody of Sabrina; and c) The Plaintiff continues to exercise parental duties and responsibilities and enjoys the love and affection of Sabrina. 8. Each pazent whose parental rights to Sabrina have not been terminated and the person who has physical custody of Sabrina has been named as parties to this action. There are no other persons who aze known to have or claim a right to custody or visitation of Sabrina. 9. Plaintiff requests the following: a. Shared legal custody of Sabrina; b. Periods of partial custody of Sabrina one weekend each month, two weeks each year, shazed holidays, and each Fathers Day; c. Telephone contact with Sabrina; d. Shared transportation for periods of partial custody with Defendant meeting Plaintiff in Avondale, Pennsylvania. WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant him partial physical custody and shared legal custody of Sabrina. Respectfully submitted, KN T & ASSOCIATES, P Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. 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. ~/"4 Jo . Vasiliadis, II ~ rY ° ° ~i ~_. "r` ~T -.~ry ~, iii r~ ,iQr J.,. ~~.~ s.'. ~ F ^~ v 1 ~ ["^!" R ~~ ""~. `~ (bjj JOHN G. VASILIADIS, II IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN L. HOUSE DF..,FENDANT • 07-4511 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, August 03, 2007 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 04, 2007 at 9:00 AM for aPre-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/ Dawn S. Sunda Es . 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. 1F YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 1701.3 Telephone (717) 249-3166 ~~ ~6 rl $ ~ .~ ~o ~ ~ ~" f' `r ~~~~°r~~rP~f ~~~ h ~T : I ~ !~~ 9- ~~?~ t~8~ ~t~s.U,df;1r~i~~~~ 3N1. ~t~ ~~i~;_ ~'~-CI~~Ii~ • .r.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN G. VASILIADIS, II, Plaintiff CIVIL ACTION -LAW v, No. 2007- 4511 KAREN L. HOUSE, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 28~' day of August, 2007, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Custody and Order dated August 3, 2007, filed in the above-referenced matter. The Complaint was mailed on August 9, 2007, but actual service took place on August 11, 2007, by Defendant signing for a copy which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Kazen L. House 15 Palmer Drive Camp Hill, Pennsylvania 17011 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, & ASSOCIA an M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Cazlisle, Pennsylvania 17015 (717) 249-5373 F:\U.cFoWa\Fvm n«.\Geadoca2007W113-1ldmVeati,aika...ervi«.wpa Attorneys for Plaintiff .._ . •+Q- 3 w ~~ .,. =n <.,.. _F - N 4 i... r~ 3Y ~`[ ,~ W a ~ ~"? _r~ /`^~ ~~ +' sFP Y o Zoo~,~r JOHN G. VASILIADIS, II Plaintiff vs. KAREN L. HOUSE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4511 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of 2007, upon consideration of the attached Custody Conciliation Report, i is ordered an directed as follows: 1. The Father, John G. Vasiliadis, II, and the Mather, Karen L. House, shall have shared legal custody of Sabrina Rose Vasiliadis, born February 18, 1999. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view towazd obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the pazent then having physical custody. With regazd to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby, However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a pazent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child for one (1) weekend per month to be arranged by agreement between the parties. Pending afollow-up conciliation conference to review the Mother's medical status with regard to her ability to provide transportation, or further agreement between the parties, any exchanges of custody shall take place at the Sheetz gas station located near the merger of Routes 283 and 30 in Lancaster. 4. The Father shall be entitled to have vacation periods of custody with the Child for up to fourteen (14) days each year, with no more than eight (8) days to be scheduled consecutively unless otherwise agreed between the parties. 5. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 6. The Mother shall have custody of the Child every year for the Mother's Day weekend and the Father shall have custody of the Child every year for the Father's Day weekend. 7. The Father shall have liberal, reasonable telephone contact with the Child. The parties agree that the Father will contact the Child by telephone three (3) times per week at 7:30 p.m. In the event the Child is not available at the time of the call, the Mother shall ensure that the telephone call is returned to the Father within 24 hours, either by the Mother or the Child. 8. The Mother shall send a weekly email message to the Father every Monday notifying the Father of developments concerning the Child during the prior week and any planned activities, events or other information pertaining to the Child for the upcoming week. The purpose of this provision is to promote further information sharing between the parties concerning the Child. 9. The Mother shall sign any authorization necessary to permit the release of information to the Father regazding the results of the Mother's sleep study and treatment to the extent such information is relevant to the Mother's ability to drive. 10. Counsel for either party may contact the conciliator to schedule afollow-up conciliatian conference following the Mother's medical testing and initiation of treatment, if any, to address the issue of the Mother's ability to provide transportation for exchanges of custody. 11. 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 contrc cc: ~ M. Shultz, Esquire -Counsel for Father ~ianane G. Radcliffe, Esquire -Counsel for Mother K '=; ~ ' Q ~. r- JOHN G. VASILIADIS, II Plaintiff vs. KAREN L. HOUSE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4511 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sabrina Rose Vasiliadis February 18, 1999 Mother 2. A custody conciliation conference was held on September 4, 2007, with the following individuals in attendance: the Father, John G. Vasiliadis, II, with his counsel, Sean M. Shultz, Esquire, and the Mother, Kazen L. House, with her counsel, Diane G. Radcliffe, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquir Custody Conciliator