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HomeMy WebLinkAbout07-4833i JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff DOUGLAS G. CORDELLI, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 0 7 - y p .~ ~ ~.~ Tom.. ROSEANN B. CORDELLI, CNIL ACTION - AT LAW Defendant :CUSTODY COMPLAINT IN CUSTODY AND NOW, comes Plaintiff, Douglas G. Cordelli, by and through his attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Custody: 1. Plaintiff, Douglas G. Cordelli, is an adult individual currently residing at 212 North 36~' Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, RoseAnn B. Cordelli, is an adult individual currently residing at 3923 Ridgeland Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. There are two (2) dependent children from the relationship of the parties, namely NinaMarie Cordelli, born May 9, 1990, and Mario Cordelli, born September 12, 1994, hereinafter referred to as the children. 4. The children were not born out of wedlock. The parties were divorced from each other on July 31, 2007. 5. The children are presently in the custody of Defendant, who resides at 3923 Ridgeland Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, 17050. L ~ 6. 7 8. 9 10 11. 12. 13 During the past five (5) years, the children have resided with the following persons at the following addresses: Name Defendant Dante Cordelli Address 3923 Ridgeland Blvd. Mechanicsburg, PA 17050 Dates 2/7/03 to present Plaintiff Defendant Dante Cordelli 3923 Ridgeland Blvd. Mechanicsburg, PA 17050 birth to 2/7/03 The relationship of Plaintiff to the children is that of natural father. Plaintiff currently resides alone. The relationship of Defendant to the children is that of natural mother. In addition to the subject minor children, Defendant currently resides with the parties' adult son, Dante Cordelli, born April 14, 1988. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other 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. The best interest and permanent welfare of the children will be served by granting Plaintiff shared physical and shared legal custody of his children. Each parent whose parental rights to the children have not been terminated and the 2 s persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff, Douglas G. Cordelli, respectfully requests this Honorable Court to grant him shared physical and legal custody of his two minor children. Respectfully Submitted: By: NE B. COSTOPOUL ~ QUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 /~/~~ Attorney for Plaintiff Date: 3 VERIFICATION I, Douglas G. Cordelli, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: l~ ~, .Cordelli ~"' ~_a -n ~ r_ ~ ~ 6~ - ' r,, c- w ~ "~` -n "r~-- ~~ ' <, ~ O - ~~ ` :' ~ _ ~ _..„ ~ 1 i7 \ ~, ` _ ~ 4 C"~~ a , \ ~ `~ `T DOUGLAS G. CORDELLI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. ROSEANN $. CORDELLI DF.FF,NDANT • 07-4833 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, August 17, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland Counter Courthouse, Carlisle on Thursday, September 13, 2007 at 3:00 PM for aPre-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/ ohn .Man an r. Es . Custody Conciliator 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 TU OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17U 13 Telephone (717) 249-3166 y~ ~ Gam, ,,~ ~~ ~o o~,~ ~~-~~~ >~ ` ~v JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff DOUGLAS G. CORDELLI, Plaintiff vs. ROSEANN B. CORDELLI, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4833 CIVII, ACTION - AT LAW CUSTODY AND NOW, come the parties, Douglas G. Cordelli, Plaintiff, and Roseann B. Cordelli, Defendant, and respectfully request the following Stipulation to be entered as an Order of Court: WHEREAS the parties, Douglas G. Cordelli (the Father hereinafter) and Roseann B. Cordelli (the Mother hereinafter), have born to them two (2) children, namely Mario M. Cordelli, born September 12, 1994, and Ninamarie B. Cordelli, born May 9, 1990 (the children hereinafter); and, WHEREAS, both parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the children; and WHEREAS, both parties have been provided an opportunity to review this Stipulation with counsel prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1 1. i,F,[~AI, ("_IlST(~nY: The parties shall share legal custody of the children. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other parry. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other party of the emergency and consult with them as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to any party. 2. PHY4If' _ i. ['aTSTnnY: Mother shall have primary physical of the children subject to periods of partial custody with Father as follows: p,,. Alternating Weekends: ] .) Crhonl Year: Beginning on October 5, 2007, Father shall have custody 2 of the children every other weekend from Friday after school until Sunday evening at 8:30 p.m. The school year schedule shall commence the first weekend after the first day of school and shall end the last weekend prior to the last day of school. 2.) Slimmer: Throughout the summer months, Father shall have partial custody of the children every other weekend from Thursday at 8:30 p.m. until Sunday at 8:30 p.m. Father's first summer partial custody weekend shall begin on the first Thursday following the last day of school at 8:30 p.m. This schedule shall conclude as of the last Sunday prior to the first day of school. B. W .~: Father shall have partial custody of the children every Monday and Wednesday from after work school unti18:30 p.m. C. fir: Father may exercise additional periods of partial custody at such other times as can be arranged and mutually agreed upon between the parties. 3. STTMMF,R VACATT(~N: Each party shall have two non-consecutive weeks of exclusive custody of the children each summer on giving of thirty (30) days notice to the other party. A week is defined as at seven consecutive days and shall include the vacationing party's scheduled custody weekend. 4. H[)T.TnAY4: The parties shall share custody of the children on major holidays as follows: 3 a. Faster: Mother shall have custody of the children in all odd numbered years and Father shall have custody in all even numbered years from Easter Eve at 8:30 p.m. until Easter Day at 2:00 p.m. Father shall have custody of the children in all odd numbered years and Mother shall have custody in all even numbered years from Easter Day at 2:00 p.m. until the day after Easter at 8:30 p.m. if the children are off school Monday or until Easter Day at 8:30 p.m. if the children have school on Monday. b. Memorial nav Mother shall have custody of the children in all odd numbered years and Father shall have custody in all even numbered years from Memorial Day Eve at 8:30 p.m. until Memorial Day at 8:30 p.m. c. Tn~enenc~enee T~av: The Independence Day holiday shall run from July 3'~ at 8:30 p.m. through July 4~' at 8:30 p.m. Mother shall have custody of the children over the Independence Day holiday in odd numbered years and Father shall have custody in even numbered years. d. T ahnr na~v, Father shall have custody of the children in all odd numbered years and Mother shall have custody in all even numbered years from Labor Day Eve at 8:30 p.m. until Labor Day at 8:30 p.m. e. Veteran's l~av: Mother shall have custody of the children every year on Veteran's Day. f. ThankSg;wing: Mother shall have custody of the children in all odd numbered years 4 and Father shall have custody in all even numbered years from Thanksgiving Eve at 8:30 p.m. until Thanksgiving Day at 2:00 p.m. Father shall have custody of the children in all odd numbered years and Mother shall have custody in all even numbered yeazs from Thanksgiving Day at 2:00 p.m. until the day after Thanksgiving at 8:30 p.m. g. C hr;stmac: Mother shall have custody of the children in all odd numbered yeazs and Father shall have custody in all even numbered yeazs from Christmas Eve at 8:30 p.m. until Christmas Day at 2:00 p.m. Father shall have custody of the children in all odd numbered years and Mother shall have custody in all even numbered yeazs from Christmas Day at 2:00 p.m. until the day after Christmas at 8:30 p.m. h. Mother's l~av/Father's l~av: Mother shall have custody of the children every Mother's Day from Mother's Day eve (Saturday) at 8:30 p.m. until 8:30 p.m. on Mother's Day. Father shall have custody of the children every Father's Day from 8:30 p.m. on Father's day eve until Father's Day at 8:30 p.m. i. Federal H~lidavs Father shall have custody of the children on all federal holidays not previously indicated above from the evening before the holiday at 8:30 p.m. until the day of the holiday at 8:30 p.m. j. The holiday schedule shall supersede and take precedence over the regulaz custody schedule. 5. TRANSPnRTATT(~N: Father shall pick up and drop off the children at Mother's 5 residence for his periods of partial custody. 6. Di4PARAC.iN(: RF,MARK4~ Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the children, such as those that might tend to alienate the affections of the children toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the children. Neither Father nor Mother will discuss custodial negotiations directly with the children. 7. I)RiT(T~/Ai.(".nHni.; During any period of custody or visitation, the parties shall not possess or use any controlled substance; neither shall they consume alcoholic beverages to the point of intoxication. The parties shall not possess, use, or allow the children access to pornographic material during periods of custody. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 8. Vni,i1NTARY FXF.C_iTTinN ANn FAiRNFCC (1F THF, ArRF,F,MF,NT; Each party acknowledges that this Custody Stipulation has been entered into by his or her own volition, with full knowledge of the facts and full information as to his or her legal rights, each party having been provided ample opportunity to discuss with his or her independent legal counsel, specifically Jeanne B. Costopoulos, Esquire, for Father, and Debra Denison Cantor, Esquire, for Mother, of the effect of the terms of this Custody Stipulation and that each believes this Custody Stipulation to be reasonable and in the 6 r best interest of the child under the circumstances and not the result of any duress or undue influence. 9. ~TTPF,R~F,nF,A4 nF PRTnR ('niiRT (1RnF.RC: This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. 10. ENTRY AS AN nRnF,R nF C.()iTRT; It is the intention of the parties that this Custody Stipulation may be entered as an Order of Court, as if a full hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act. IN WITNESS THEREOF, and intending to be legally bound thereby, the parties hereto have hereunto set their hands and seals and the date of their acknowledgment. Date:1D~' Date: ~~~t ~ Date:' ~~~ Date: !U ?-S~U7 S Signature: ~ eanne B. Costopoulos, Esquire r- ~-~ Signature: Signatu Cantor 7 n ~ C c~ - --..r c-~ ---~ z , ~, c..~ ~,; ~~ _t ` .-~ ' ~, -~ ' - - c _. ~ f ~~ r.:~t C~? ~[ ~` ~+ov of ~om~,,, DOUGLAS G. CORDELLI, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-4833 ROSEANN B. CORDELLI, CIVII, ACTION - AT LAW Defendant :CUSTODY nRnF,R nF C'ni1RT AND NOW, this ~~ day of ~~ ~ u ~ , 2007, upon consideration of the within STIPULATION FOR CUSTODY, which is incorporated herein by reference, TT IS HEREBY ORDERED AND DECREED that the contents of said Stipulation are hereby adopted as an Order of Court with full weight and effect as if they had been set forth in full hereinafter. Any and all prior Orders in this matter are hereby vacated. ~ ~ V TLT~ !"'!1T TD T 0 ~4 ~ '`~ ~ ~~~ a,_rc~;~ ~:~ tic. t ti{ _Q -~. ~'' ~ t ~1 ~~ .. t~ V R.