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HomeMy WebLinkAbout07-7523JASMINE J. VAZQUEZ, Plaintiff V. MARVIN W. VAZQUEZ, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 7s'a3 CIVIL TERM IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 1-800-990-9108 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. JASMINE J. VAZQUEZ, Plaintiff V. MARVIN W. VAZQUEZ, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 7.5'23 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(a)(6) AND 3301(c) OF THE DIVORCE CODE COUNT I: Section 3301(a)(6) AND NOW, comes the Plaintiff, JASMINE J. VAZQUEZ, by and through her attorneys, IRWIN & McKNIGHT, and files this Complaint in Divorce against the Defendant upon the cause of action hereinafter set forth: 1. Plaintiff is Jasmine J. Vazquez, an adult individual who resides at 428 Union Hall Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant is Marvin W. Vazquez, Jr., an adult individual residing at 507 South Second Street, Steelton, Dauphin County, Pennsylvania 17113. 3. The Defendant and Plaintiff have resided in the Commonwealth of Pennsylvania for at least six months previous to the filing of this action in divorce. 4. The Defendant and Plaintiff were married on or about November 27, 1999. 5. There was one child born to this marriage, namely Marvin W. Vazquez, Jr. born August 9, 2003, age 4. 6. Pursuant to the Divorce Code, Section 3301(a)(6), the Plaintiff avers as the grounds upon which this action is based that the Plaintiff is the injured spouse and that the Defendant has offered such indignities to her as to render her condition intolerable and life burdensome. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff demands judgment a. Dissolving the marriage between the two parties; b. Equitably distributing all property, both personal and real, owned by the parties; and c. for such further relief as your Honorable Court may deem equitable and just. COUNT II: Section 3301(c) 8. The averments of Paragraphs One through Five are incorporated herein by reference as though fully set forth below. 9. Plaintiff avers as the grounds upon which the Action in Divorce is based is that the marriage of the parties is irretrievably broken. 10. The averments of Paragraph Six are incorporated herein by reference as though fully set forth below. WHEREFORE, the Plaintiff demands judgment a. Dissolving the marriage between the two parties; b. Equitably distributing all property, both personal and real, owned by the parties; and c. for such further relief as your Honorable Court may deem equitable and just. Respectfully submitted, IRWIN & McKNIGHT V sy: Mar 4s A. Mc I T, III, Esq. Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 Date: 1 C-LO m?A,--v 1 71 2007 JASMINE J. VAZQUEZ, Plaintiff V. MARVIN W. VAZQUEZ, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2007 - J5??3 CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date:pplc e m b , h 171-Do0 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. Date?ec? rn??. i7,ao?? v Ic,,11 ?j?"? v N 4 ti D ?T .. Q JASMINE J. VAZQUEZ, Plaintiff V. MARVIN W. VAZQUEZ, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 7,5?23 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Jasmine J. Vazquez, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Jasmine J. Vazquez, is an adult individual with an address of 428 Union Hall Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Marvin W. Vazquez, Jr., is an adult individual with an address of 507 South Second Street, Steelton, Dauphin County, Pennsylvania 17113. 3. The parties are the natural parents of one (1) child, namely, Marvin I. Vazquez, born August 9, 2003. 4. The Plaintiff, Jasmine J. Vazquez, desires that the parties have shared legal custody of the minor child, Marvin I. Vazquez. } 5. The Plaintiff, Jasmine J. Vazquez, desires primary physical custody of the said minor child with periods of temporary physical custody to Defendant, Marvin W. Vazquez, as the parties can agree. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiffs request as set forth above. WHEREFORE, the Plaintiff, Jasmine J. Vazquez, respectfully requests that she be awarded primary physical custody and shared legal custody of Marvin I. Vazquez as provided herein, with periods of temporary physical custody to Defendant, Marvin W. Vazquez, Jr., as provided herein. Respectfully submitted, IRWIN & M IGHT By: 4Attomor ight, I, Esquire Plaintiff fret Street sylvania 1701 -3222 53 Supreme Court 476 Date: December 17, 2007 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. Date: December 17, 2007 ?r 8 i N c,n CD JASMINE J. VAZQUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CIVBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007- 7523 CIVIL TERM MARVIN W. VAZQUEZ, JR., Defendant IN CUSTODY - IN DIVORCE AFFIDAVIT OF SERVICE I, JASMINE J. VAZQUEZ, a competent adult, being duly sworn according to law, depose and say that at approximately m. on December )_?2__, 2007, I personally served by hand delivery to Marvin W. Vazquez, Jr. the Complaint in Divorce in reference to the above- captioned case as well as the Complaint for Custody: To: Marvin W. Vazquez, Jr. 507 South Second Street Steelton, PA 17113 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 Section 4904 relating to unsworn falsification to authorities. Date: ?01 \q p Sworn and subscrib_ ell before me this ? day of December 2007 Notarial seal Martha L Noel, Notary PtM Carilsla Boro. CWTItotem County My Cmvds*n EMkw Sept. 18, 2011 uamhw_ Pannsvivania Association of Notaries ° P o n - V M n W C,J T JASMINE J. VAZQUEZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-7523 CIVIL ACTION LAW MARVIN W. VAZQUEZ, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, December 21, 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 Friday, January 18, 2008 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. 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 . 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 31 .- AIN" 6 ? : I I ITV 900301001 6- % JAMONE L VAZQUF.Z Plaintiff V. MARVIN W. VAZQUF.Z, JR., Defendast IN THE COUKr OFCOMMON rUg" OF CUIY BnU AND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCELT NQ 2W7 7523 IN CUSTODY RESPONSE TO COMPLAINT FOR CUSTODY AND NOW comes Defendat,, Marvin W. V Jr., by his anarney, Dena L. Sloan, Esquire, and responds to PlaintiTs Complaint for Custody by restfully responding as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Decried. Defendant desires to have equally shared periods of physical custody of the parties' minor child 6. Denied. It is specifically denied that the best interests and peamanent welfare of the minor child requires that the Court grant the PlaindiWs request as set forth in PWn Ws Complaint- By way of further response, Defendant desires that primary physical custody of the parties' minor child be shared equally between the parties. W EREFORE, the DefendaM Marvin W. Vazquez? Jr., respectfidly requests that primary physical custody and legal custody of Marvin L Vazquez be shaved between the parties, as provided herein. lly 'fled, DdveleKm L. Sloan, Esq6ire Attorney for Defendant PA Supreme Court ID #44880 1849 State Street Harrisbur& PA 17103 (717)232-0577 The foregoing Response to Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they 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.A. Section 4904, relating to unworn falsification to authorities. Date: Z-- MARVIN JR. CERTIFICATE OF SERVICE I, Doreen. L. Sloan, Attorney for Defendant, Marvin W. Vazquez, Jr., hereby certify that on the day of January 2008, I served a copy of the within Response to Complaint for Custody upon the following person by first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, M Esquire 60 West Pomfret Street Carlisle, PA 17013-3222 Also via hand delivery to Marcus A. McKnight, Esquire, land County Courthouse Doreen L. Sloan r-? ? ,-^? u _:? C.,... -S -- ? sv _ i_ t..! ; ?'. ? . ?? C::7 _. ` fiJ s,s r..? ?, .?? c.?? a 11L DEB 6 2008, JASMINE J. VAZQUEZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MARVIN W. VAZQUEZ, JR., NO. 2007-7523 Defendant IN CUSTODY COURT ORDER AND NOW, this 7 ? day of February, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, Marvin W. Vazquez, and the mother, Jasmine J. Vazquez, shall enjoy shared legal custody of Marvin I. Vazquez, born August 9, 2003. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Friday at approximately 5:30 p.m. until Monday morning when father shall deliver the child back to the mother or daycare, as applicable. B. Father shall also have custody for at least one evening per week from 5:30 p.m. until 8:30 p.m. or at such other times as agreed upon by the parties. The parties shall communicate to work out the one evening per week. C. Father shall also have temporary custody at such other times as agreed upon by the parties. 4. The parties shall meet for a second Custody Conciliation Conference on April 3, 2008 at 8:30 a.m. At this conference and in the event the parties are unable to reach an agreement on a permanent Order at that time, the Conciliator may schedule the case for a hearing before the Court. cc: Xarcus A. McKnight, III, Esquire tooreena Sloan, Esquire 1 RV TT4P PC)l Tl? T 9} I 1 t? `'z ?, ? ? 93, :1 d 8- 833 800Z ?t?vlU :C i. 7 3N1.L JASMINE J. VAZQUEZ, Plaintiff v MARVIN W. VAZQUEZ, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-7523 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: Marvin I. Vazquez, born August 9, 2003. 2. A Conciliation Conference was held on January 28, 2008, with the following individuals in attendance: The mother, Jasmine J. Vazquez, with her counsel, Marcus A. McKnight, III, Esquire, and the father, Marvin W. Vazquez, with his counsel, Doreena Sloan, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: February S, 2008 6- / Hubert X. Gilroy, Esquire Custody onciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASMINE J. VAZQUEZ - Plaintiff Vs File No. 2007-7523 IN DIVORCE MARVIN W. VAZQUEZ, JR., Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x' j g prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of Jasmine J. Jurado , and gives this written notice avowing his her intention-pursuant-t0 tle gxo ',tons of 54 P.S. 704. ?- Date: o3-,-?q-08 _ Si name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official J seal. 0. 4. ?e Notary Public Notarial Seal Marcus A. McKnight Ill' Notary Public Carlisle Boro, Cumberland County *Commission Expires Oct. 10, 2009 Member, Pennsylvania Association of Notaries notary public, personally appeared the above affiant known to me to be the person whose I v V t? G ,a t A p? JASMINE J. VAZQUEZ, Plaintiff V. MARVIN W. VAZQUEZ, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 7523 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 17, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: APRIL 18, 2008 Hwy n _ co ' rO _ ' JASMINE J. VAZQUEZ, Plaintiff v. MARVIN W. VAZQUEZ, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 7523 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. v co Cl " JASMINE J. VAZQUEZ, Plaintiff V. MARVIN W. VAZQUEZ, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 7523 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 17, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: el-le MARVIN W. V Defendant ? <?? .? - - c: ; ? r ..? <.: _ + ? ?.._?J j?• ,3 i_ ::._ t . ?7 _. kY, q y 1 ?^?^ ;: ?v J JASMINE J. VAZQUEZ, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 7523 CIVIL TERM MARVIN W. VAZQUEZ, JR., Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33010 OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: MARVIN W. VAZQUEZ, JR. Defendant ` -n ?`? fY?-j Tt E ? l_.i JASMINE J. VAZQUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - 7523 CIVIL TERM MARVIN W. VAZQUEZ, JR., Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) and or (d) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Marvin W. Vazquez, Jr., on December 18, 2007, by personal service. An Affidavit of Service was filed on December 26, 2007. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by plaintiff: April 18, 2008; by defendant: April 18, 2008. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: April 18, 2008. Date defendant's Waiver of Notice in Section 3301(c) Diygcew?s file ith the Prothonotary: April 18, 2008. Marcus for Date: April 18, 2008 t' co 7 cyl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY irA Af& STATE OF PENNA. JASMINE J. VAZQUEZ, PLAINTIFF NO. VERSUS MARVIN W. VAZQUEZ, m., DEFENDANT DECREE IN DIVORCE AND NOW, N1pc Z? ,ZbD? IT IS ORDERED AND DECREED THAT JASMINE J. VAZQUEZ , PLAINTIFF, AND MMVIN W. VAZQUEZ, JR. -,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; PROTHONOTARY "?° ? ? ?u ip ? » _ +" ?o.??-.? ?o ?s? M ? JASMINE J. JURADO. (Formerly Vazquez), Plaintiff V MARVIN W. VAZQUEZ, JR., Defendant Prior Judge: Honorable J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2007-7523 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: Marvin I. Vazquez, born August 9, 2003 2. A Conciliation Conference was held on May 9, 2008, with the following individuals in attendance: The mother, Jasmine J. Jurado, with her counsel, Marcus A. McKnight, III, Esquire. The father did not appear at the conference, nor did legal counsel for the Father. This conference was scheduled pursuant to the Court's prior Order and the April 10, 2008, letter from the Conciliator to legal counsel for the parties. 3. Mother related that Father is not exercising custody with the minor child consistent with the prior Order. Although Mother is willing to continue to have Father visiting with the child, she asks that the Order be modified to reflect the existing arrangement. On that basis, the Conciliator recommends an Order in the form as attached. Date: May , 2008 llubert t Gilr y, Esquire Custody Co iliator C) O c p -n nz _ -? Frl Cr} _ .. r s ? 7 t CC) MAY 1 6 2008 JASMINE J. JURADO. (Formerly Vazquez), Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-7523 MARVIN W. VAZQUEZ, JR., Defendant : IN CUSTODY COURT ORDER AND NOW, this -ay of May, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of February 7, 2008, is vacated and replaced with the following Order: The Father, Marvin W. Vazquez, Jr., and the Mother, Jasmine J. Jurado, shall enjoy shared legal custody of Marvin L Vazquez, born August 9, 2003. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Friday at approximately 5:30 p.m. until Sunday evening at 8:30 p.m. B. Father shall also have temporary custody at such other times as agreed upon by the parties. 4. It is noted that Father was not in attendance at the custody conciliation conference that forms the basis of this Order. In the event the Father wants to modify this Order, Father may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. cc: Zarcus A. McKnight, III, Esquire -? lloreena Sloan, Esquire (2O1;7a1/ •?r ( 6L 08 BY THE COURT, JASMINE J. JURADO. (Formerly Vazquez), Plaintiff v MARVIN W. VAZQUEZ, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2007-7523 : IN CUSTODY Prior Judge: Honorable J. Wesley Oler, Jr. 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: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Marvin L Vazquez, born August 9, 2003 2. A Conciliation Conference was held on May 9, 2008, with the following individuals in attendance: The mother, Jasmine J. Jurado, with her counsel, Marcus A. McKnight, III, Esquire. The father did not appear at the conference, nor did legal counsel for the Father. This conference was scheduled pursuant to the Court's prior Order and the April 10, 2008, letter from the Conciliator to legal counsel for the parties. 3. Mother related that Father is not exercising custody with the minor child consistent with the prior Order. Although Mother is willing to continue to have Father visiting with the child, she asks that the Order be modified to reflect the existing arrangement. On that basis, the Conciliator recommends an Order in the form as attached. Date: May , 2008 Hubert X. Gilr y, Esquire Custody Co iliator JASMINE J. (VAZQUEZ) JURADO, Plaintiff/Petitioner v. MARVIN W. VAZQUEZ, JR., Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2009 - 7523 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Jasmine J. Vazquez, by her attorneys, Irwin & McKnight, P.C., and presents the following Petition for Modification of Custody. 1. The Petitioner, Jasmine J. Vazquez, is an adult individual with an address of 428 Union Hall Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent, Marvin W. Vazquez, Jr., is an adult individual with an address of 507 South Second Street, Steelton, Dauphin County, Pennsylvania 17113. 3. The parties are the natural parents of one (1) child, namely, Marvin I. Vazquez, born August 9, 2003. 4. The Petitioner, Jasmine J. Vazquez, desires that the parties have shared legal custody of the minor child, Marvin I. Vazquez. 5. The Respondent has been physically hitting said minor child, Marvin I. Vazquez, and inappropriately disciplining the child. The Petitioner seeks a Court Order prohibiting physical discipline of said minor child by the Respondent. 6. The Respondent has been using inappropriate language and has been negatively speaking about the Petitioner in the presence of said minor child. The Petitioner seeks a Court Order prohibiting the Respondent from using physical disciplining said minor child. 7. When the Respondent has an extended period of custody with said minor child, he has attempted to restrict telephone contact between the Petitioner and said minor child. The Petitioner seeks a Court Order prohibiting the Respondent from restricting telephone contact between the Petitioner and said minor child. 8. The Respondent has threatened to remove said minor child from the United States. The Petitioner seeks a Court Order which prohibits the Respondent from taking said minor child from the Commonwealth of Pennsylvania without the Petitioner's consent. 9. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, the Plaintiff, Jasmine J. Vazquez, respectfully requests the relief as provided herein. Respectfully submitted, IRWIN & Mc,"IGHT, P.C. By: Marcus .1Vnight, II Esquire Attome for Plaintiff 60 West omfret Stree Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: June 17, 2009 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. I A MI Date: June 17, 2009 OF ?? r r?Y 16 *1 i` JASMINE J. (VAZQUEZ) JURADO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-7523 CIVIL ACTION LAW MARVIN W. VAZQUEZ, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, June 25, 2009 , 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 Friday, July 17, 2009 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. 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. 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 .??_ ;.,: ??R4`,, ,? ~`:? y r A ? ?. ? µ? ?o???? G .as Or' f?' JASMINE J. (VAZQUEZ) JURADO, Plaintiff/Petitioner V. MARVIN W. VAZQUEZ, JR., Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2007 -7523 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY RESPONSE TO PETITION FOR MODIFICATION OF CUSTODY AND COUNTER-PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Respondent, Marvin W. Vazquez, Jr., by his attorney, Doreena L. Sloan, and presents the following Response to Petition for Modification of Custody and Counter- Petition for Modification of Custody, and in support thereof responds and avers as follows: 1. Admitted in part and Denied in part. It is specifically denied that Jasmine J. Vazquez has a current address of 428 Union Hall Road, Carlisle, Cumberland County, Pennsylvania 17013. By way of further response Plaintiff recently married and moved to an undisclosed address which she has either failed to release or refused to release to Defendant. Further, Plaintiff's name may have changed as a result of her marriage. 2. Admitted in part and Denied in part. It is specifically denied that Defendant's current address is 507 South Second Street, Harrisburg, Dauphin County, Pennsylvania. By way of further response, Defendant's current address is 311 North Paxtang Avenue, Apt #2, Harrisburg, Dauphin County, Pennsylvania 17111. 3. Admitted. 4. No responsive pleading is required. 5. Denied. It is specifically denied that Respondent has been physically hitting said minor child, Marvin I. Vazquez, and inappropriately disciplining the child. Strict proof is demanded. Respondent specifically denies that a Court Order prohibiting physical discipline of said minor child by the Respondent is necessary or appropriate. By way of further response, both parties use appropriate discipline as need to properly raise their son. 6. Denied. It is specifically denied that Respondent has been using inappropriate language and has been negatively speaking about the Petitioner in the presence of said minor child. Strict proof is demanded. Respondent specifically denies that a Court Order prohibiting physical discipline of said minor child by Respondent is necessary or even related to the immediately preceding averment. 7. Denied. It is specifically denied that when Respondent has an extended period of custody with said minor child, he has attempted to restrict telephone contact between Petitioner and said minor child. Strict proof is demanded. By way of further response, Respondent ensured that, during the sole agreed period of extended custody and at other times, the minor child had regular contact with Petitioner and even ensures that the minor child calls Petitioner at additional times that she requests. Further, Petitioner became enraged recently when Respondent had the child call her at the time Petitioner requested which happened to be a time when the minor child was preparing to watch a movie with several family members. Petitioner apparently wanted to engage in extended conversation with the minor child and the minor child cut the conversation too short for Petitioner's liking. 8. Denied. It is specifically denied that Respondent has threatened to remove said minor child from the United States. Strict proof is demanded. It is specifically denied that a Court Order prohibiting the Respondent from taking said minor child from the Commonwealth without the Petitioner's consent is warranted or appropriate. 9. Denied. It is specifically denied that the best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request. COUNTER-PETITION FOR MODIFICATION OF CUSTODY 10. The averments and responses set forth in paragraphs 1 - 9 above are hereby incorporated herein as if set forth in their entirety. 11. The Plaintiff has engaged in a course of harassing and/or threatening conduct toward Defendant and his new wife by telephone and in person. The Defendant seeks a Court Order prohibiting Plaintiff from engaging in harassing and/or threatening conduct toward Defendant and his new wife by telephone or in person. 12. The existing court order does not specify a summer visitation schedule for Defendant and the minor child. The parties had mutually agreed that Defendant would be able to keep the minor child for one week but, when she became enraged as averred in paragraph #7, she abruptly created a very negative scene in front of the minor child and family at Defendant's house and removed the child from Defendant's custody. The Defendant seeks a Court Order which schedules specific summer visitation for Defendant for one (1) month with the minor child and prohibits Plaintiff from engaging in similar conduct and removing the minor child during those specified periods. 13. The existing court order does not specify a holiday visitation schedule for Defendant and the minor child. The Defendant seeks a Court Order which schedules specific holiday visitation for Defendant and Plaintiff with the minor child and prohibits Plaintiff from interrupting periods of time when Defendant has custody of the minor child. 14. The Defendant has family in Puerto Rico and outside the Commonwealth of Pennsylvania that he would like to visit with his son. Defendant is employed in Pennsylvania and has responsibilities here. Defendant's wife is a Pennsylvania native and is employed here as well. Defendant has no intention of fleeing the Commonwealth or removing his son permanently from the United States. Further, Defendant may want to take his son to amusement parks, state parks, or other tourist attractions outside the state and should not be arbitrarily prohibited from doing so. The Defendant seeks a Court Order permitting him to leave the state for vacation(s) and visit his family in Puerto Rico and outside the Commonwealth of Pennsylvania with the minor child by providing adequate notice to Plaintiff. 15. Plaintiff has taken the minor child outside of the Commonwealth of Pennsylvania to such places as Connecticut and New York without advising or consulting with Defendant in advance or while absent from the state. Defendant seeks a Court Order prohibiting Plaintiff from leaving the Commonwealth of Pennsylvania without consulting with and advising Defendant of the whereabouts of the minor child. 16. Plaintiff periodically leaves the minor child with individuals unknown to Defendant for extended periods of time (i.e., many hours, overnight, etc...) Defendant seeks a Court Order prohibiting Plaintiff from leaving the minor child with individuals unknown to Defendant without consulting with or advising Defendant in advance and giving him the opportunity to watch the minor child. 17. Plaintiff has required Defendant to provide all transportation for the minor child to and from her home for his periods of partial custody or lose the opportunity to visit with his son. Defendant seeks a Court Order requiring the parties to share the transportation of the minor child and for the parties to do the exchange at a public place half (1/2) way between the parties' homes. 18. Plaintiff has been withholding and/or refusing to release information relating to the minor child's schooling, medical and dental information to Defendant. Defendant is interested in being actively involved in his child's life. The Defendant seeks a Court Order compelling Plaintiff to share this educational, medical and dental information with Defendant or in the alternative requiring Plaintiff to share complete and full information from any doctor, dentist, teacher, professional or authority and to be provided access to, and copies of, any reports prepared for or given to Plaintiff. 19. The best interests and permanent welfare of the minor child require that this Honorable Court grant the Defendant's request as set forth above. WHEREFORE, the Defendant, Marvin W. Vazquez, Jr., respectfully requests the relief as provided herein. Resp bmitted, Doreena L. Sloan, Esquire PA. Attorney ID# 44880 1849 State Street Harrisburg, PA 17103 (717) 232-0577 (717) 232-3991 (fax) Attorney for Defendant Date: June 23, 2009 VERIFICATION The foregoing Petition for Modification of Custody and Counter-Petition for Modification of Custody is based upon information which has been gathered by counsel and myself in preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. MARVIN W. V Z Z, J . Date: June 23, 2009 JASMINE J. (VAZQUEZ) JURADO, Plaintiff/Petitioner V. MARVIN W. VAZQUEZ, JR., Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2007 -7523 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Doreena L. Sloan, Esquire, hereby certify that I have forwarded a copy of the Response to Petition for Modification of Custody and Counter-Petition for Modification of Custody by depositing the same in the United States mail, first class, postage prepaid to the following individual: Marcus A. McKnight, III, Esquire Irwin and McKnight 60 West Pomfret Street Carlisle, PA 17013-3222 Date: 0 ? V_(1 0 Doreena L. Sloan, Esquire 1849 State Street Harrisburg, PA 17103 (717) 232-0577 Attorney for Defendant FILE? OF ?Mc PTARY 1 t JASMINE J. JURADO. IN THE COURT OF COMMON PLEAS OF (Formerly Vazquez), CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v NO. 2007-7523 MARVIN W. VAZQUEZ, JR., Defendant IN CUSTODY COURT ORDER AND NOW, this day of , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of May 20, 2008, shall remain in place subject to the following modifications: 1. Each parent shall enjoy two weeks of visitation with the minor child for vacation during the summer months. The parties shall give each other at least sixty days notice as to when they intend to exercise this vacation. In the event the parties are leaving Pennsylvania for an extended period of time., these two weeks may be consecutive. In the event the parties are not going away for more than a week, the vacation time shall not be consecutive. 2. The parties shall insure that the other parent has all telephone numbers necessary to reach each other in an emergency. In light of the fact that both parties are now remarried, the requirement for telephone numbers shall include the step parents providing their cell numbers for emergency use only. 3. Exchange of custody shall be at a half way point for the parties which will be at the Red Robin in Mechanicsburg off Route 114 unless the parties agree to another location. 4. The parties shall continue to handle holidays on an alternating schedule consistent with the schedule they have put in place already. 5. The parties shall discuss the father getting some additional time over this year's Christmas vacation, being approximately three or four days, to make up for some time lost during this past summer. 6. The parties may modify this custody Order as they agree. Absent an agreement the parties shall follow the terms of the custody Order. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the custody conciliator for a conference. 7. In the event there continues to be a problem between the parties relative to communications and dealing with each other on custodial issues, legal counsel for either party may contact the Custody Conciliator directly and request another Conciliation Conference which may be held via a telephone conference. At that time, the Conciliator can entertain a request to have the parties be required by Court Order to attend co-parenting sessions with the costs of those sessions to be shared equally between the parties. 8. Both parents shall enjoy reasonable telephone contact with the minor child when the child is in the other parent's custody. It is noted and encouraged that the custodial parent should try to facilitate the minor child initiating those phone calls so as to allow the phone calls to be handled in a more reasonable fashion. BY THE COURT, C° L /> cc: :??Wcus A. McKnight, III, Esquire Doreena Sloan, Esquire C 4T t?ES I?n.?aI LL 4/q/c-07 Lrp? J. Wcskej oler fr. i TiJ6C? JASMINE J. JURADO. (Formerly Vazquez), Plaintiff v MARVIN W. VAZQUEZ, JR., Defendant Prior Judge: Honorable J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007-7523 : 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: Marvin I. Vazquez, born August 9, 2003 2. A Conciliation Conference was held on August 27, 2009, with the following individuals in attendance: The mother, Jasmine J. Jurado, with her counsel, Marcus A. McKnight, III, Esquire and the father, Marvin W. Vazquez, Jr., with his counsel, Doreena Sloan, Esqquire. 3. The parties agree to the entry of an Order in the form as attached. . ? ?'&, Y - ? Date: Aegust- , 2009 Hubert X. Gil y, Esquire Custody Co ciliator ,+,. Ml. FROE OF THE FROTHOPINOTAW 2009 SEP -4 PM 2.3 3