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HomeMy WebLinkAbout04-1680GUEORGUI TOCHEV Plaintiff vs. TRACEY MARIE HEINZE Defendant IN THE COURT OF CO~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY CUSTODY Plaintiff, Gueorgui Tochev, by and through his attorney Gail Guida Souders, respectfully avers the following counts through Civil Procedure Rule 1915.15 (a): The Plaintiff is Gueorgui Tochev, (hereinafter "Father") residing at 409~ Market Street, Apartment 2, New Cumberland, Cumberland County, Pennsylvania 17070. The Defendant is TraceyMarie Heinze (hereinafter "Mother") residing at 634 H,,m~el Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. Plaintiff seeks partial physical and joint legal custody of the following child: N~me Ivan Gueorguiev Tochev Present Residence 634 Hummel Avenue Lemoyne, PA 17043 D.O.B. 9/~1/o3 The child was born out of wedlock. The child is presently in the custody of the Mother who is residing at 634 Hummel Avenue, Lemoyne, PA 17043. During the past five years, the child has resided with the following persons and at the following addresses: Name s TracieMarie Heinze Ben Heinze Anna Heinze JJ Ogden Residences 634 Hummel Avenue Lemoyne, PA 17043 Dates 3/27/04- Present Gueorgui Tochev TracieMarie Heinze Ben Heinze Anna Heinze JJ Ogden 504 Herman Avenue Lemoyne, PA 17043 The mother of the child is Tracey Marie Heinze, 634 Hummel Avenue, Lemoyne, PA 17043. She is unmarried. The father of the child is Gueorgui Tochev, 1/2 Market Street, He is unmarried. 9/21/03- 3/27/04 residing at residing at 409 Apartment A, New Cumberland, PA 17070. o The relationship of the Plaintiff to the child is that of father-child. The relationship of the Defendant to the child is that of mother-child. The child is currently living with the mother. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because the parties have agreed to a custodial order 11. 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, the Plaintiff requests the court to grant him partial custody and joint legal custody of his child. Gail Guida Souders Attorney for the Plaintiff Guida Law Offices 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Supreme Court ID# 68740 I, Gueorgui Tochev, 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 unswom falsification to authorities. DATE: ATTORNEY FOR PLAINTIFF GUEORGUI TOCHEV, Plaintiff VS TRACEY MARIE HEINZE, Defendant : IN THE COURT OF COMMON : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY :NO. -- STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, GUEORGUI TOCHEV and TRACEY MARIE HEINZE, Father and Mother of thc minor child, IVAN GUEORGUIEV TOCHEV, by and through their attorneys, stipulate and agree as follows: I. LEGAL CUSTODY Mother and Father shall share legal custody of the subject minor child. All decisions affecting the child's growth and development including, but not limited to: choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; and like decisions, shall be considered major decisions amd shall be made by the parents jointly, after written negotiations have taken place via regular mail or email, and with a view towards obtaining and following a harmonious policy in the child's best interest. Once the parties have mutually agreed upon these major decisions, each party agrees to keep the other informed, as to any unexpected changes (such as personnel changes or address or telephone changes for the day care provider, change of doctor through mutually agreed-upon medical group, etc.), so that both parents are fully aware of these changes in the child's life. Each party agrees to keep the other informed of the child's educational and social adjustments. Each party agrees not to impair the other party's right to legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the child. Day-to-day decisions of a routine nature regarding the child shall be the responsibility of the parent having physical custody at the time. The parents shall not contact each other to discuss or ponder day-to-day decisions. H. PHYSICAL CUSTODY Mother shall have primary physical custody of the child. Father shall have periods of partial custody of the minor child every Saturday from 8:00 A,M. to 4:00 P.M. After the child is one year of age then Father shall have visitation every other weekend from Friday at 10:00 P.M. to Sunday at l l:00 A.M. C. Father shall enjoy periods of liberal visitation as the parties shall agree. IH. HOLIDAYS Major Holidays: Mother and Father will alternate the following major holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. The custodial period shall run from 8:00 A.M. to 8:00 P.M. The parties shall alternate every other holiday, every other year, with Mother having the Easter, Fourth of July and Thanksgiving Custody Periods in 2004 and every even-numbered year thereafter; and with Father having the Memorial Day and Labor Day Custody Periods in 2004, and every even-numbered year thereafter, Mother's Day/Father's Day: Mother shall have custody of the child on Mother's Day and Father shall have custody of the child on Father's Day, from 8:00 AM until 4:00 PM. Christmas: When appropriate consider splitting Christmas along the following schedule: Christmas shall be separated into Segment A and Segment B. Segment A shall be from December 24th at 12:00 P.M. through December 25m until 12:00 P.M. Segment B shall be from December 25th at 12:00 P.M. to December 26th at 12:00 P.M. The parties shall alternate the Christmas Custody Period every other year, with Mother having Segment A and Father Segment B of the Christmas Custody Period in 2004 and every even-numbered year thereafter; and with Mother having Segment B and Father Segment A of the Christmas Custody Period in 2005, and every odd-numbered year thereafter. IV. VACATIONS Both parents are entitled to one (1) week of uninterrupted custody. It is understood that a week is defined as seven (7) days that must include the parent's regularly scheduled custodial weekend. Each parent shall provide the other with thirty (30) days notice of his or her intention to exercise the extended custody period. V. TRANSPORTATION AND CUSTODY EXCHANGES Father shall provide transportation during his custodial time. VI. CHILD SUPPORT Father shall provide support for the minor child in the sum of $500.00. In the event of loss of present employment, support will be reduced to $400.00 per month. Support payments will be provided by the 9~ of each month. VII. COURTESY IN DEALINGS There shall be courtesy in all dealings by and between the parents. Neither parent shall make disparaging remarks, nor allow a third party to make disparaging remarks about the other parent in the presence of the child. Each parent shall respect the other parent's right to have a frequent, ongoing and substantial relationship with the child. Neither party shall do or say anything, nor allow a third party to do or say anything that would alienate the child from the affections of the other parent. The parents shall not harass or make telephone calls to the other parent regarding anything except true emergencies regarding the child. The parties shall not harass the other parent. Communication between the parties must be regarding the child. VIII. RELOCATION The parties have negotiated the custody and partial physical custody portion of this Agreement based upon existing circumstances, and in particular, based upon Mother's and Father's current residence in Pennsylvania. If either parent desires to establish a residence and such move would effect the agreement, he or she shall give the other parent at least sixty (60) days written notice in advance of the proposed move, in order to give the parties opportunity to confer, prior to the relocation, and establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. IX, INFORMATION Each parent shall keep thc other parent informed as to his or her address and telephone number. If either parent changes his or her telephone number or address, he or she shall mail or email the other parent written notification of the same within forty-eight (48) hours of thc change. X. FREEDOM OF MOVEMENT Mother and Father shall be permitted to take the child wherever they desire so long as their travels do not violate other provisions of this Stipulation. If either parent is taking the child out of the state of Pennsylvania for more than one day, that parent must notify the other parent of the same and provide him or her with a telephone number in case of emergency. Permission from the other parent is not required. This is simply a notification requirement. The parent who is not taking the child out of the state may not prevent the other parent from taking the child out of the state. XI. MEDICAL EMERGENCIES In the case of medical emergency involving the child, the parent in custody must notify the other parent of said emergency within five (5) hours of the same, unless the parent in custody is incapacitated at the time of the emergency. Medical emergency shall be defined as a time when the child must be taken to the hospital or have medical emergency response teams respond to him, or a time when the child is physically or psychologically injured while in the care of a professional day care facility or school (whether self-inflicted or at the hands of another). Day to day healthcare decisions about the child, such as whether the child may take medicine for a cold, and similar minor decisions, shall be resolved by the parent in custody at the time. XI1. EFFECTIVENESS OF THIS STIPULATION This Stipulation shall be in effect upon its signing. WHEREFORE, the parties respectfully request that this Stipulation be entered as an Order of Court. ' UEOR TOC.EV, FATim DATE: .,~.,~9, 0~/ DATE: BY THE COURT: GUEORGUI TOCHEV, Plaintiff VS TRACEY MARIE HEINZE, Defendant : CIVIL ACTION-LAW : IN CUSTODY IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, GUEORGUI TOCHEV and TRACEY MARIE HEINZE, Father and Mother of the minor child, IVAN GUEORGUIEV TOCHEV, by and through their attorneys, stipulate and agree as follows: I. LEGAL CUSTODY Mother and Father shall share legal custody of the subject minor child. All decisions affecting the child's growth and development iincluding, but not limited to: choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; and like decisions, shall be considered major decisions and shall be made by the parents jointly, after written negotiations have taken place via regular mail or emaiL and with a view towards obtaining and following a harmonious poli[cy in the child's best interest. Once the parties have mutually agreed upon these major decisions, each party agrees to keep the other informed, as to any unexpected changes (such as personnel changes or address or telephone changes for the day care provider, change of doctor through mutually agreed-upon medical group, etc.), so that both parents are fully aware of these changes in the child's life. Each party agrees to keep the other informed of the child's e, ducational and social adjustments. Each party agrees not to impair the other party's right to legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the child. Day-to-day decisions of a routine nature regarding the child shall be the responsibility of the parent having physical custody at the time. The parents shall not contact each other to discuss or ponder day-to-day decisions. II. PHYSICAL CUSTODY A. Mother shall have primary physical custody of the child. B. Father shall have periods of partial custody of the minor child every Saturday from 8:00 A.M. to 4:00 P.M. After the child is one year of age then Father shall have visitation every other weekend from Friday at 10:00 P.M. to Sunday at 11:00 A,M. C. Father shall anjoy periods of liberal visitation as the parties shall agree. III. HOLIDAYS Major Holidays: Mother and Father will altemate the £ollowing major holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. The custodial period shall mn from 8:00 A.M. to 8:00 P.M. The parties shall alternate every other holiday, every other year, with Mother having the Easter, Fourth of July and Thanksgiving Custody Periods in 2004 and every even-numbered year thereafter; and with Father having the Memorial Day and Labor Day Custody Periods in 2004, and every even-numbered year thereafter. Mother's Day/Father's Day: Mother shall have custody of the child on Mother's Day and Father shall have custody of the child on Father's Day, from 8:00 AM until 4:00 PM. Christmas: When appropriate consider splitting Christmas along the following schedule: Christmas shall be separated into Segment A and Segment B. Segment A shall be from December 24th at lt2h:00 P.M. through December 25th until 12:00 P.M. Segment B shall be from December 25 at 12:00 P.M. to December 26th at 12;:00 P.M. The parties shall alternate the Christmas Custody Period every other year, with Mother having Segment A and Father Segment B of the Christmas Custody Period in 2004 and every even-numbered year thereafter; and with Mother having Segment B and Father Segment A of the Christmas Custody Period in 2005, and every odd-numbered year thereafter. IV. VACATIONS Both parents are entitled to one (1) week of uninterrupted custody. It is understood that a week is defined as seven (7) days that must include the parent's regularly :scheduled custodial weekend. Each parent shall provide the other with thirty (30) days notice of his or her intention to exercise the extended custody period. V. TRANSPORTATION AND CUSTODY EXCHANGES Father shall provide transportation during his custodial time. VI. CHILD SUPPORT Father shall provide support for the minor child in the sum of $500.00. In the event of loss of present employment, support will be reduced to $400.00 per month. Support payments will be provided by the 9th of each month. VII. COURTESY IN DEALINGS There shall be courtesy in all dealings by and between the parents. Neither parent shall make disparaging remarks, nor allow a third party to make disparaging remarks about the other parent in the presence of the child. Each parent shall respect the other parent's right to have a frequent, ongoing and substantial relationship with the child. Neither party shall do or say anything, nor allow a third party to do or say anything that would alienate the child from the affections of the other parent. The parents shall not harass or make telephone calls to the other parent regarding anything except true emergencies regarding the child. The parties shall not harass the other parent. Communication between the parties must be regarding the child. VIII. RELOCATION The parties have negotiated the custody and partial physical custody portion of this Agreement based upon existing circumstances, and in particular, based upon Mother's and Father's current residence in Pennsylvania. If either parent desires to establish a residence and such move would effect the agreement, he or she shall give the other parent at least sixty (60) days written notice in advance of the proposed move, in order to give the parties opportunity to contbr, prior to the relocation, and establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. IX. INFORMATION Each parent shall keep the other parent infot~ned as to his or her address and telephone number. If either parent changes his or her telephone number or address, he c,r she shall mail or email the other parent written notification of the same within forty-eight (48) hours of the change. X. FREEDOM OF MOVEMENT Mother and Father shall be permitted to take the child wherever they desire so long as their travels do not violate other provisions of this Stipulation. If either parent is taking the child out of the state of Pennsylvania for more than one day, that parent must notify the other parent of the same and provide him or her with a telephone number in case of emergency. Permission from the other parent is not required. This is simply a notification requirement. The parent who is not taking the child out of the state may not prevent the other parent from taking the child out of the state. XI. MEDICAL EMERGENCIES In the case of medical emergency involving the child, the parent in custody must notify the other parent of said emergency within five (5) hours of the same, tmless the parent in custody is incapacitated at the time of the emergency. Medical emergency shall be defined as a time when the child must be taken to the hospital or have medical emergency response teams respond to him, or a time when the child is physically or psychologically injured while in the care of a professional day care facility or school (whether self-inflicted or at the hands of another). Day to day healthcare decisions about the child, such as whether the child may take medicine for a cold, and similar minor decisions, shall be resolved by the parent in custody at the time. XlI. EFFECTIVENESS OF THIS STIPULATION This Stipulation shall be in effect upon its signing. WHEREFORE, the parties respectfully request that this Stipulation be entered as an Order of Court. TRACIE MA~E I~'INZE, MIgTHER GUEOR ,C~. ~ ~T?CHEV, FATI-I~E~R DATE: ']~/'~' Of DATE: z//'~-;Oz/'