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Home My WebLink About05-5457 HECTOR L. VAZQUEZ-GARCIA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. D$>- Slf~7 Civil Term MELISSA M. JUMPER, Defendant : ACTION IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Hector L. Vazquez-Garcia, who currently resides at 40 Betty Nelson Court, Lot 157, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Melissa M. Jumper, whose last known address was 152 N . West St., Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff is the father of the following children and seeks a custody order regarding the following children: NAME DOB/AGE ADDRESS Ivory Vazquez-Garcia 10/9/00 (5) 152 N. West St. Carlisle, Pa. 17013 Anthyoine Vazquez-Garcia 10/20/01 (4) 152 N. West St. Carlisle, Pa. 17013 Angelyta Vazquez-Garcia 5/27/02 (3) 152 N. West St. Carlisle, Pa. 17013 Graceylla Vazquez-Garcia 09/19/04 (I) 152 N. West St. Carlisle, Pa. 17013 Mother and Father are not married. Mother currently has primary physical custody of the children. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Melissa M. Jumper and unknown roomates 152 N. West St. Carlisle, Pa. 17013 9/28/2005 - present. Hector Vazquez-Garcia Melissa M. Jumper 40 Betty Nelson Court Carlisle, Pa. 17013 2002 - 9/28/2005 Hector Vazquez-Garcia Melissa M. Jumper North East St. Carlisle, Pa. 17013 2000 - 2002 The mother of the children is Melissa M. Jumper, and her last known address as listed on a support complaint is 152 N. West St., Carlisle, Pa. 17013. However, she has moved several times since the parties separated on September 28,2005. She is not married. The father the children is Hector Vazquez-Garcia, and he currently resides at 40 Betty Nelson Court, Lot 157, Carlisle, Pa. 17013. He is not married. 4. The relationship of plaintiff to the children is that of Father. The persons that the Plaintiff currently resides with are: none. 5. The relationship of defendant to the children is that of Mother. The persons that the Defendant currently resides with are: the children. Father also believes that Mother may have several other male roommates. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the children or anyone who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: The parties separated on September 28. 2005. Since that time. Mother has moved several times and has not provided Father with periods of custodv with the children. Mother and Father had discussed a custodv agreement but were not able to reach an agreement in writing. Father is requesting that a custodv order be entered as this would ensure he would have periods of custodv with the children. Father believes that it would be in the best interest of the children to maintain contact with both parents. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the children. Respectfully submitted, Date:!O /19/0',,- ane Adams, Esquire LD. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 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. S4904 relating to unsworn falsification to authorities. Date: ID \ 19t D~ ~~~ ~ tJ ~I ...t) \' v ~ ~ :tJ ~ v F ~ --t:- ~? ~~)'. ;1,;...,~)....... -:?)':~, "b .-"' ',,;,~ - .,-'~,'d\ ..-- ""\ j-::-" ,.c! HECTOR L. VAZQUEZ-GARCIA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. OS' - S;V~1 Civil Term MELISSA M. JUMPER, Defendant ACTION IN CUSTODY ORDER OF COURT AND NOW, this day of , 2005, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at , Pennsylvania, on , the day of , 2005, at o'clock .m. 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 defme and narrow the issues to be heard by the court, and to enter into a temporary order, All children five or older may be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. The court herehy directs the parties to furnish any and all existing Protection from Ahuse orders, Special Relief Orders, and Custody Orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disahilities 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 hefore the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 St. Carlisle, Pa. 17013 (717) 249-3]66 HECTOR VAZQUEZ-GARCIA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - Custody MELISSA M. JUMPER, Defendant DOCKET NO. 2005-5457 Civil Term PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Melissa M. Jumper, the Defendant, in the above captioned matter. vl'U&'7. .,,)ooS 2005 I ' ~ .~//2.::2.I( ('r cJ;( -i3!;(1 i7T~ . essica L. Bowman 1..-/ Certified Legal Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 o c ., ,..> C;? c::::I c....""" -"7~ :::5 ...:: \ c:P o -n -, ::t ..'1 p1f::; ~~~2, "~,~, .s -c- o C)'en --I "l'"_ c' :~ or'" \9 en .,. r HECTOR L. VAZQUEZ-GARCIA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2005 - 5457 Civil Term MELISSA M. JUMPER, Defendant : ACTION IN CUSTODY ACCEPTANCE OF SERVICE PURSUANT TO PA.R.C.P 4 02(B) AND PA.R.C.P.1920.4 I, Melissa M. Jumper, Defendant in the above-captioned matter, hereby accept service of the Custody Complaint filed under the above-caption. I hereby waive any and all defects in service of the aforementioned Complaint or any amendments hereto. ---.----- Date: iCj;<:; IDS '----' efendant c'; c r-.> =) c:-''.) ';..f~ C) ...:: ??~' ~,:.. () -n -' ~~?! I'"; C) ~, , --' ,1 . DEe f) Ii iUUJ HECTOR L. VAZQUEZ-GARCIA,: IN THE COURT OF COMMON PLEAS OF i Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 05-5457 CIVIL ACTION LAW MELISSA M. JUMPER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ Ji'I day of ~ ,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Custody provisions included in the PF A Order dated October 20, 2005 are hereby vacated. 2. The Mother, Melissa M. Jumper, and the Father, Hector L. Vazquez- Garcia, shall have shared legal custody oflvory Vazquez -Jumper, born October 9,2000, Anthyoine Vazquez -Jumper, born October 20, 2001, Angelyta Vazquez -Jumper, born May 27, 2003, and Graceyella Vazquez -Jumper, born September 19, 2004. Each parent shall have an equal right to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. All decisions affecting the children's growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other, and with the view towards obtaining and following the children's best interests which decisions shall include, but not limited to, all medical and dental treatment, religious upbringing, education, scholastic or athletic pursuits, and other extracurricular activities. 3. Mother shall have primary physical custody of the children. 4. follows: Father shall have periods of partial physical custody of the children as a. When Father obtains his own housing Father shall have physical custody of the children every other weekend from Friday at 5:00 p.m. until Sunday at 7:00 p.m. Until Father obtains his own housing, Father shall have physical custody of the children every other weekend; on Fridays from 5:00 p.m. until 9:00 p.m., and on Saturdays and Sundays from 9:00 a.m. until 7:00 p.m. b. Father will have physical custody of the children every Tuesday evening from 5:00 p.m. until 9:00 p.m. c. Holidavs: . I) Mother and Father shall alternate custody of the children on the following holidays: Memorial Day, Fourth of July, and Labor Day. The times of the holiday custodial periods in this paragraph shall be from 9:00 a.m. wltil 7:00 p.m. For 2006, Mother shall have physical custody of the children on Memorial Day, Fourth of July, and Labor Day. In odd numbered years, Father shall have physical custody of the children on Memorial Day, Fourth of July, and Labor Day. 2) Thanksgiving. Mother and Father shall alternate custody ofthe children on Thanksgiving Day on an annual basis from 9:00 a.m. until 7:00 p.m. Mother shall have physical custody of the children on Thanksgiving Day in odd numbered years. 3) Christmas. Mother and Father shall alternate custody of the children on Christmas as follows: The Christmas holiday will be divided into two time periods each year. Period "A" will be December 24th at noon until December 251h at noon. Period "B" will be December 25th at noon until December 26th at noon. In 2005, Mother shall have ,:ustody ofthe children during Period A and Father shall have custody of the children during Period B. The parties shall rotate periods annually. 4) Easter. The Easter holiday will be divided into two time periods each year. Period "A" will be Easter Sunday morning from 8:00 a.m. until 2:00 p.m. and Period "B" will be Easter Sunday afternoon from 2:00 p.m. until 8:00 p.m. In 2006, Mother shall have custody of the children during Period A and Father shall have custody during Period B. The parties shall rotate periods annually. 5) Mother shall have custody ofthe children each Mother's Day and Father shall have custody ofthe children each Father's Day from 9:00 a.m. until 7:00 p.m. 5. Mother and Father shall alternate custody of the children on each of the children's birthday's from 9:00 a.m. until 7:00 p.m. Mother shall have custody of the children on their birthdays in even numbers years and Father shall have custody of the children on odd numbered years. 6. Mother and Father will agree upon all transportation arrangements. 7. Mother and Father will notify each other of all medical care the children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 8. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the otller parent or which may hamper the free and natural development ofthe children's love and respect for the other parent. . 9. 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 control. J. i""l 1 I r", "J \) ., ,',,'. j; ".---~.---'-' . DEe I} Ii 2005 HECTOR L. V AZQUEZ-GARCIA,:IN THE COURT OF COMMON PLEAS OF r Plaintiff :CUMBERLAND COUNTY,PENNSYL VANIA : IN CUSTODY MELISSA M. JUMPER, Defendant : NO. 05-5457 CIVIL ACTION - LAW PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ivory Vazquez-Jumper Anthyoine Vazquez-Jumper Angelyta Vazquez-Jumper Graceylla Vazquez-Jumper October 9, 2000 October 20,2001 May 27, 2003 September 19,2004 Mother Mother Mother Mother 2. A Custody Conciliation Conference was held on December 1,2005, with the following individuals in attendance: The Father, Hector L. Vazquez-Garcia, with his counsel, Jane Adams, Esquire and the Mother, Melissa M. Jumper, with her counsel, Sarah Rubright, certified legal intern, and Lucy Johnston-Walsh, Esquire, Family Law Clinic. 3. The Honorable Edward E. Guido entered a PFA Order dated October 20, 2005 which included a custody provision providing for Mother to have primary physical custody and Father having alternating weekends and every Tuesday evening. 4. The parties agreed to the entry of an Order in the form as attached. Id- - J. -o.s Date ~2~ ~.1I~ ~ine M. Verney, Esquire Custody Conciliator