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HomeMy WebLinkAbout02-4652Sherri Lynn Marsicano Plaintiff V. Jerome Anthony Marsicano II Defendant : IN THE COURT OF COMMON PLEA : CUMBERLAND COUNTY, PENNSYLVANIA _. NO. CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR SOLE CUSTODY NOW COMES, Plaintiff, Sherri Marsicano, and respectfully requests that your Honorable Court grant Plaintiff sole custody of the subject minor children to Plaintiff and for reasons therefore states: 1. The Plalntiffis Sherri Marsicano, residing at 2608 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant is Jerome Anthony Marsicano II, residing at the Ramada Inn, Brick Church Pike, Rm 339, Nashville Tennessee. 3. Plaintiff seeks sole legal and physical custody of the following children: Name of Children Date of Birth Bailey Lynette Marsicano January 27, 2000 Jerome Anthony Marsicano III September 25, 2001 The children were not born out of wedlock. The children presently reside with the Plaintiff. During the past five years, the children have resided with the following persons and at the following addresses: Name Residence Dates Plaintiff & Defendant 2608 Chestnut Street birth to present Camp Hill, Pa 17011 The mother oftbe children is Sherri Marsicano, currently residing at 2608 Chestnut Street, Camp Hill, PA 17011. She is married. The father of the children is Jerome Anthony Marsicano II, currently residing at Ramada Inn, Brick Church Pike, Rm 339 Nashville Tennessee. He is married. 4. The relationship of Plaintiffto the children is that of Mother. The Plaintiff currently Resides with the two minor children who are the subjects of this action and three other minor children who are not subjects of this action. 5. The relationship of Defendant to the children is that of Father. The Defendant currently resides with Peggy Marsicano, Defendant's sister. 6. Plaintiffhas not participated as a party of 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 person not a party to the proceedings who has physical custody of the children or 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 Plaintiff is full well and able to provide the minor children with a stable, loving, nurturing environment wherein they will thrive. Defendant left the residence without notice on or about September 13, 2002 and, to the best of Plaintiff's knowledge, has been living out of hotels in a four state area since that time and has failed to disclose his whereabouts. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. All other persons, named below, are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: N/A WItEREFORE, Plaintiffrequests the court to grant sole custody of the children. //~usan K. mi~fo/rd~ E~daX~e · Attorney for Plaintiff 3344 Trindle Road Camp Hill, PA 17011 717-612-1660 Bar # 43093 VERIFICATION I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. DATE: ~ ~ o~,- Oc~ .~ /q a_~vg-O Sherri Lyn~ Marsid~no, Plaintiff SHERRI LYNN MARSICANO PLAINTIFF JEROME ANTHONY MARSICANO DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 024652 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Friday, October 04, 2002 , 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, Meehanlesbur$, PA 17055 on Wednesday, October 30, 2002 at 10:00 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. 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. Sunday. Esa.~,~q~/~ Custody Concil~iator ' 0 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 B 8: ii H¥ L- L3CJ ~,0 SHERRI LYNN MARSICANO, Plaintiff VS. JEROME ANTHONY MARSICANO, Defendant /N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN/A 02-4652 CIVIL ACTION LAW IN CUSTODy O~RDER OFCOURT AND NOW, this ~ day of I1 ~,.,t.f~ f 1. The prior Order of this Court dated September 27, 2002, is vacated. 2. The Custody Conciliation Conference scheduled for Wednesday, October 30, 2002 is canceled. cc: Susan K. Piekford, Esquire - Counsel for Mother Jerome Marsicano, Father SHERRI LYNN MARSICANO, Plaintiff VS. JEROME ANTHONY MARSICANO, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4652 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 Children who are the subjects of this litigation are Bailey Lynette Marsicano, 2 ½ years, and Jerome Anthony Marsicano, I year. 2. At the time the Mother filed this Petition for custody, the Father had left the marital residence and his whereabouts were unknown. Through her counsel, Susan K. Pickford, Esquire, the Mother obtained an Ex Parte Temporary Order dated September 27, 2002, granting the Mother exclusive custody of the Children. A Custody Conciliation Conference was scheduled for October 30, 2002. 3. On the morning of the day of the Conference, the Mother's counsel notified the Conciliator that the Father has returned to the marital home and the Mother wishes to dismiss her Petition as well as the September 27, 2002 Order. The Mother's counsel advised that the Mother does not seek to have any type of Custody Order entered at this time. The Father has not been represented by counsel in this matter. 4. The Conciliator recommends an Order in the form as attached vacating the Temporary Ex Pane Order and canceling the Conciliation Conference. Dawn S. Sunday, Esquir6 Custody Conciliator