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HomeMy WebLinkAbout00-01127 ROCCO PALADINO, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. .:2inn> . II oJ-"7 Cu;u. ,____ : : vs. : . . DOLOREZA V. PALADINO Defendant : CIVIL ACTION -AT LAW IN DIVOKCE/CUSTODY ORDER OF COURT AND NOW, this (r. day of ~~ , 2000 upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ~~N\S, , on the d- at 3"1 W. \-\ci\('\'~~'l \\I'("'m\cs.~l day of '\v\o."-! 2000, at I Custody Conference. At such ~ \ e::F-.r\. \\ \ Q~ \\~\.\ P.M., , the conciliator, for a prehearing conference, an effort will be made to resolve the issues in dispute; or ifnthis cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE eOURT: By: ~\'-)(\~. k\./'(\~ Custody Conciliator (~ 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 TWO LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 O!~ T! FJ.LED-Di-RCE .;.1:: PPOTJ-JONOTAHY 00 ~l!lR -9 P" 3 I, :23 CUIV?tfl~&ft~~UNTY 3.f.tJ{) W~_~~ XdtdI 31-0() 7l~ ~ '& 3.tf.t?O ~ ~ -i, ~?Y Roeeo PALADINO, : IN THE eOURT OF eOMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : No. : DOLOREZA V. PALADINO, : CIVIL ACTION - LAW Defendant . IN DIVORCE . NOTICE TO DEFEND AND CLAIM RIGHTS 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 of 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 the 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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. eUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ROCCO PALADINO, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND eOUNTY, PENNSYLVANIA No. oU-07J~ lid. 7 C~.:P :r~ : . . vs. : : DOLOREZA V. PALADINO, Defendant : eIVIL ACTION - LAW : IN DIVORCE eOMPLAINT IN DIVORCE UNDER SEeTIONS 3301(c) or 3301(d) OF THE DIVORCE eODE The Plaintiff, Rocco paladino, by and through his attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce: 1. The Plaintiff, Rocco Paladino, is an adult individual who currently resides at 6059 Edward Drive, Mechanicsburg, Cumberland eounty, Pennsylvania 17055. 2. The Defendant, 'Doloreza V. Paladino, is an adul t individual who current whereabouts is unknown. 3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintifx and the Defendant were married on November 19, 1984 in New Bern, North Carolina. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this matter. COUNT I EOUITABLE DISTRIBUTION 9. Paragraphs one (1) through eight (8) are incorporated herein by reference as is set forth in their full text. 10. The parties are owners of real estate located at 6059 Edward Drive, Mechanicsburg, eumberland County, Pennsylvania. 11. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during the marriage which are subject to equitable distribution. 12. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, the Plaintiff requests your Honorable Court to equitably divide, distribute or assign the marital property between the parties and equitably apportion their debts pursuant to S3502(a) of the Divorce Code. COUNT II - CUSTODY 13. Paragraphs one (1) through twelve (12) are incorporated herein by reference as if set forth in their full text. 14. There are two (2) dependent children by this marriage as follows: Erica G. Paladino d.o.b. 11/3/1988 d.o.b. 12/23/1998 Andrew M. Paladino 15. The Plaintiff seeks primary physical custody of all children born of this marriage as set forth in Paragraph Fourteen (14) . 16. The minor children are currently in the custody of the Defendant. 17. The Father of the children is the Plaintiff, currently residing at the above referenced address, Paragraph Two (2). 18. The Mother of the children is the Defendant, whose whereabouts is unknown. 19. During the past five years, the children have resided at the following address with the following persons: 1995 - 1996 6059 Edward Drive Plaintiff & Mechanicsburg, PA 17055 Defendant 1996 - 1997 Chalfont Plaintiff & Bucks County, PA Defendant 1997 - 1998 305 Thomas Drive Plaintiff & Mechanicsburg, PA 17055 Defendant 1998 - 2/18/00 6059 Edward Drive Plaintiff & Mechanicsburg, PA 17055 Defendant 2/18/00 - present Whereabouts unknown 20. Defendant resides with the following persons: None. 21. Plaintiff resides with the following persons: Andrew M. Paladino and Erica G. Paladino, additional residents unknown. 22. 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. 23. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 24. 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. 25. The best interests and welfare of the minor children will be served by granting the relief requested because: a. Plaintiff can provide the children with adequate moral, emotional, and physical surroundings as required to meet the children's needs; b. Plaintiff is willing to assume custody of the children. c. Plaintiff has been denied the ability to exercise parental duties since February 17, 2000, however, enjoys the love and affection of the children. 26. 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 respectfully requests this Honorable Court grant the Plaintiff rights of majority physical custody and grant the Defendant rights of visitation. Respectfully submitted, Date: d/;J.f3!IJO y'/M th~ '--h7 p(/~A/- irstin M. Garrett, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID~ 83801 Tel. (717) 763-1800 . . Roceo PALENTINE, . IN THE COURT OF COMMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : vs. : No. : DOLOREZA V. PALADINO, : CIVIL ACTION - LAW Defendant . IN DIVORCE . 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. S 4904, relating to unsworn falsification to authorities. Date:d4f1~~~Signature: ~~ ~ROCCO PALADINO . ROCCO PALADINO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 2000-1127 CIVIL TERM : DOLOREZA V. PALADINO, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NCIN, this 1(,,'" consideration of the attached and directed as follows: day of /'l7~ ' 2000, upon Custody Conciliat' n Report, it is ordered 1. The Father, Rocco Paladino, and the Mother, Doloreza Paladino, shall have shared legal custody of Andrew M. Paladino, born November 3, 1988, and Erica G. paladino, born December 23, 1998. 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. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children in accordance with the following schedule: A. On Saturday, May 6, 2000 from 10:00 a.m. until 6:00 p.m. B. On Friday, May 12, 2000 at 6:00 p.m. until Saturday, May 13, 2000 at 6:00 p.m. C. On Friday, May 19, 2000 at 6:00 p.m. through Saturday, May 20, 2000 at 6:00 p.m. D. Beginning June 2, 2000, the Father shall have custody of the Children on alternating weekends from Friday after school, or 12:00 noon if school is not in session, through Sunday at 6:00 p.m. During the interim Fridays when the Father does not have custody on the weekend, the Father shall have custody of the Children from after school, or from 12:00 noon if school is not in session through 6:00 p.m. E. The Father shall have custody of the Children at any other times as arranged by agreement of the parties. 4. The parties shall share or alternate having custody of the Children on holidays as follows: ~~--- --------- - RLED-OFFlCE OF TnE PROTI-IOi'lOTARY 00 HAY 16 PH 3:12 CUM8ERLPJ\lD COUNTY PENNSYLVtiN!A A. CHRISTMAS: The Christmas holiday shall be divided into 8egrnent A, which shall run from after school on the last day before the vacation begins through Christmas Day at 12:00 noon, Segment B, which shall run from Christmas Day at 12:00 noon through the first half of the remaining Christmas school break, and Segment C, which shall run from the beginning of the second half of the Christmas school break through the last day before school resumes. In 2000 and 2001, the Mother shall have custody of the Children during Segments A and C and the Father shal1 have custody during Segment B. In 2002, the Father shall have custody of the Children during Segments A and C and the Mother shall have custody of the Children during Segment B. The parties shall alternate having custody during Segments A/C and Segment B in subsequent years. B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from after school on the Wednesday before Thanksgiving through Thanksgiving Day at 3:00 p.m. and Segment B, which shall run Thanksgiving Day at 3:00 p.m. through Friday at 6:00 p.m. The Father shall have custody of the Children during Segment A in even numbered years and during segment B in odd numbered years. The Mother shall have custody of the Children during Segment A in odd numbered years and during segment B in even numbered years. C. EASTER: The Easter, holiday shall be divided into Segment A, which shall ruri from after school on the last day before the Easter break through Easter Sunday at 9:00 a.m., and Segment B, which shall run from Easter Sunday at 9:00 a.m. through the day before school resumes. The Father shall have custody of the Children every year during Segment A and the Mother shall have custody of the Children every year during Segment B. D. MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY: The parties shall alternate having custody of the Children over Memorial Day, Independence Day and Labor Day beginning with the Father having custody over the Memorial Day holiday in 2000. The Memorial Day and Labor Day holidays shall run from the Friday before the holiday at 6:00 p.m. through the Monday holiday at 6:00 p.m. The Independence holiday shall run from the Friday before the holiday at 6:00 p.m. through the following Monday at 6:00 p.m., if Independence Day falls on a Friday, Saturday, Sunday or Monday. In the event Independence Day falls on Tuesday, Wednesday, or Thursday, the holiday shall run from the day before Independence Day at 6:00 p.m. through Independence Day at 6:00 p.m. E. MC/l'HER'S DAY/FATIlER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day from Saturday at 6:00 p.m. through the SUnday holiday at 6:00 p.m. F. BIRTHDAYS: Each party shall have an opportunity to see the Children on the Children's birthdays and on that party's birthday. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Both parties shall be entitled to have two weeks of summer custody with the Children each year. The weeks shall be defined as 5 days. Periods of custody under this provision need not be taken consecutively, but shall be scheduled in conjunction with that party's regularly scheduled alternating weekend period of custody. Each party shal1 provide the other party with at least 30 days advance written notice of his or her selection of vacation dates each summer. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. 6. Children exchange Unless agreed otherwise, the party receiving custody of the shall be responsible to provide the transportation for the of custody. 7. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children. The Children shall be permitted reasonable telephone access to place calls to the non-custodial parent. Each party shall provide the other party with a current telephone number and address. 8. The parties agree that neither parent shall use corporal punishment to discipline the Children. 9. The parties agree that if either parent believes that the Children should be seen by a counselor, for any reason, both parties shall cooperate in scheduling an appointment in a timely manner, insuring the Children's attendance, and participating in the counseling as recommended by the counselor. 10. Each party shall provide the other party with at least 60 days advance written notice of any intention to relocate his or her residence in order to provide the parties with an opportunity to modify the custody arrangements as necessary by agreement or obtain a modification through the legal process. 11. The parties acknowledge that their son, Andrew, is involved in baseball and football and both parties agree to insure that the Child attends all practice sessions and games, regardless of which parent has custody at the time. 12. The parties agree that they shall give support to each other in their roles as parents and to take into account the concerns of the other f= the physical and emotional wel1-being of the Children. 13. While in the presence or hearing of the Children, neither parent shall make, or permit any other person to make, any remarks or do anything which could in anyway be construed as derogatory or uncomplimentary to the other parent or to the other parent's family members. It shall be the express duty of each parent to uphold the other parent as one whom the Children should respect and love. , 14. 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 nn.ltual consent. In the absence of nn.ltual consent, the terms of this Order shall control. BY THE COURT, cc: Maria Cognetti, Esquire - Counsel for Maryanne Murphy, Esquire - Counsel for J. ~-fY)ill -5 - ;/"-00 RKS '. ROCCO PALADINO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 2000-1127 CIVIL TERM : DOLOREZA V. PALADINO, : CIVIL ACTION - LAW Defendant : IN CUSTODY CUSTODY calCILIATlOO SUMMARY REPCJRT IN ACCORDl\NCE WITH CUMBERIJ\ND CXlUNTY RULE OF CIVJL PROCEIXlRE: 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CllRRENTLY IN CUSTODY OF Andrew M. Paladino Erica G. Paladino November 3, 1988 December 23, 1998 Mother Mother 2. A Conciliation Conference was held on May 2, 2000, with the following individuals in attendance: The Father, Rocco Paladino, with his counsel, Maria Cognetti, Esquire, and the Mother, Ooloreza Paladino, with her counsel, Maryanne Murphy, Esquire. 3. The perties agreed to entry of an Order in the form as attached. (J~ Date :) , C).-ooiJ . Da~ Custody Conciliator