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Home My WebLink About09-4765LAURA E. NEWELL, IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW SAMUEL VAZQUEZ, NO. Oq- 47&5 CIVIL TERM Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. 2 3 4 5 6. Plaintiff Laura E. Newell presently resides at 138 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. Defendant Samuel Vazquez presently resides at 35B East York Street, Biglerville, Adams County, Pennsylvania, 17307. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE Hayden E. Vazquez 138 East King Street 5 years Shippensburg, PA 17257 DOB: 6/2/04 Cumberland County The child was born outside the bonds of matrimony. The child is presently in the custody of Plaintiff, Laura E. Newell, who resides at 138 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATE Laura E. Newll and Samuel Vazquez 66 East King Street June 2004-Dec. 2004 Shippensburg, PA Laura E. Newell 112 Marco Circle Dec. 2004 -July 2006 Shippensburg, PA Laura E. Newell 391 L.W.E. July 2006-Oct. 2008 Chambersburg, PA WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 Laura E. Newell 138 East King Street Oct. 2008-Present Shippensburg, PA 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 8. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 9. Plaintiff does not know of a person, not a party to the proceedings, who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Defendant's household environment is not stable. B. Defendant does not maintain his own residence. C. Defendant resides with his mother and the child does not have his own room or bed. D. The child will be attending the Shippensburg Area School District. E. Defendant has threatened not to return the child following periods of visitation and partial custody. F. Defendant has failed to administer required medications to the child as instructed by Plaintiff. 11. All parents whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. 12. The undersigned counsel believes and therefore avers that the Defendant is unrepresented by legal counsel. 13. A copy of this Complaint and proposed Order of Court was served on the Defendant by regular First Class U.S. Mail on May 28, 2009. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 WHEREFORE, Plaintiff requests the Court to grant primary physical custody of the minor child to the Plaintiff and periods of partial custody to Defendant in accordance with a proposed Order of Court attached to this Complaint. WEIGLE & ASSOCIATES„P.C. reriy A. Weigle, Esq Vire Attorney for Plaintiff I.D.# 01624 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing COMPLAINT FOR CUSTODY are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: ?AWWJ-ftKk L a E. Newell, Plaintiff WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 OF fu ., y -$1(05.50 Pa ,om Gc? 4oi y pyt aas r up LAURA E. NEWELL, Plaintiff, v SAMUEL VAZQUEZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. v %-y76 CIVIL TERM IN CUSTODY PLAINTIFF'S CONSENT TO PROPOSED CUSTODY ORDER AND CUSTODY AGREEMENT I, Laura E. Newell, hereby consent to the Proposed Consent Order of Court and Custody Agreement attached to the Complaint for Custody filed in this proceeding. Date: ` /a3i Oq AftLa e . n? L ra E. Newell WEIGLE & ASSOCIATES. P.C. -- ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 u. LAURA E. NEWELL, IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SAMUEL VAZQUEZ, NO. d "y 76 S CIVIL TERM Defendant IN CUSTODY DEFENDANT'S CONSENT TO PROPOSED CUSTODY ORDER AND CUSTODY AGREEMENT I, Samuel Vazquez, hereby consent to the Proposed Consent Order of Court and Custody Agreement attached to the Complaint for Custody filed in this proceeding. Date: WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSSURG, PA 17257_1397 OF Tf 2009 niz- I F? LAURA E. NEWELL, IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW SAMUEL VAZQUEZ, NO. Oq- gWoS CIVIL TERM Defendant IN CUSTODY CONSENT ORDER OF COURT AND NOW, this -7-'0 day of .01 , 2009, upon agreement of the parties, and upon motion of Jerry A. Weigle, E wire Attorney for Plaintiff, it is hereby ORDERED as follows: 1. Legal custody of the minor child, Hayden E. Vazquez, born June 2, 2004, shall be shared within the meaning of 23 Pa. C.S.A. § 5301 et seq., as amended. 2. Primary physical custody of the minor child, Hayden E. Vazquez, shall be with Mother, Laura E. Newell. 3. Father, Samuel Vazquez, shall have regular unsupervised periods of partial custody every other weekend beginning Friday, June 5, 2009 Father shall pick up the child at 6:00 P.M. on Friday evening at the Mother's residence. The Father shall return the child to Mother at 6:00 P.M. on Sunday evening. The Mother shall pick the child up at Father's residence following his visitations. 4. Father shall also have visitation every Wednesday evening beginning with Wednesday, June 10, 2009. Father shall pick up the child at 5:00 P.M. at Mother's residence and shall return the child to Mother's residence at 9:00 P.M. 5. The following Holidays will be alternated between Mother and Father beginning with Mother on July 4, 2009, and continuing as follows: Labor Day, Thanksgiving, Christmas Eve, Christmas Day, New Years Eve, New Years Day, Easter Sunday, Memorial Day, July 4. 6. Mother's Day and Father's Day shall be spent with the respective parent. 7. Changes to this agreement must be with the mutual consent of both parties. 8. Both parties will supply food, bedding, health and beauty products, while the child is in their custody. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 4W 9. Mother will supply clothing and personal belongings for the child during Father's periods of visitation. Father shall return all clothing and personal belongings to Mother at the conclusion of each period of visitation. 10. Both parties shall refrain from making derogatory statements and/or actions against the other parent, family of the other parent, or friends of the other parent in any form including conversations, telephone calls, or through a third party. 11. Parties shall keep each informed of traveling plans which require travel of over 100 miles from their individual residences. 12. Only a mature, responsible, competent individual may provide child care to the child. 13. The custodial parent shall allow reasonable telephone contact between the child and the non-custodial parent. 14. Each party shall immediately inform the other of any change of address and telephone number. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 FILED- 1:i ::iv1.. OF THE PROTW)NO7ARY 2009 JUL 20 Pty 2: (! CUMBEI I. : :;JUN Y PEN SMIANsA