HomeMy WebLinkAbout03-5575REBECCA A. DeSANTOS,
Plaintiff
V$,
ROBERT A. DeSANTOS,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. CIVIL TERM
IN CUSTODY
COMPLAINT IN CUSTODY
AND NOW comes REBECCA A. DeSANTOS, by her attorney, Samuel L. Andes, and
makes the following Complaint for custody based upon the following:
1. The Plaintiff is REBECCA A. DeSANTOS, who resides at 38 Stephen Road, Apt.
E-l, Camp Hill, Pennsylvania, 17011.
2. The Defendant is ROBERT A. DeSANTOS, who resides at 19932 Stoney Point
Way, Germantown, Maryland, 20876.
3. The parties are the parents of one minor child, R. Anthony DeSantos, Jr., born
14 November 2001.
4. The Plaintiff and Defendant are husband and wife, having been married on 5 May
2001 and separated in early July, 2003.
5. Plaintiff seeks custody of the minor child, R. Anthony DeSantos, Jr.
The child was not born out of wedlock and is presently in the custody of the
Plaintiff.
7.
Since birth, the minor child has resided with the following persons at the
following addresses:
November, 2001,
through July, 2002
July, 2002, to
3 July 2003
3 July 2003
to the present
McLean, VA
Mechanicsburg, PA
Mechanicsburg and
Camp Hill, PA
Plaintiff and
Defendant
Plaintiff and
Defendant
Plaintiff only
8. The father of the child is the Defendant who resides at the address set out
above. He is married to the Plaintiff.
9. The mother of the child is the Plaintiff who resides at the address set out above.
She is married to the Defendant.
The Plaintiff is the natural mother of the child. Plaintiff currently resides with
10.
the child.
11.
The Defendant is the natural father of the child. Defendant currently lives with
his brother and another friend, the precise details of which are not known to Plaintiff.
12. The Plaintiff has not participated as a party or in any other way in any litigation
concerning the custody of the child in this or any other court.
The Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this or any other jurisdiction.
Plaintiff knows of no other person not a party to this action already who has physical
custody of or claims to have custody or visitation rights with the said child.
13. Plaintiff seeks an award of shared legal and primary physical custody of the
child for the following reasons:
A. Defendant has made it clear, by his conduct, that he does not wish
to have the responsibility of the primary custodial parent of the child; and
B. Plaintiff has traditionally provided the primary care for the child;
and
C. Plaintiff is in a better position to provide for the continuing needs of
the child; and
D. The best interests of the child will be served by awarding primary
physical custody to Plaintiff.
14. 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, REBECCA A. DeSANTOS requests this Court to grant her shared legal
and primary physical custody of the child, Ro Anthony DeSantos, Jr.
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
COMMONWEALTH OF PENNSYLVANIA )
( SS.:
COUNTY OF CUMBERLAND )
REBECCA A. DeSANTOS, being duly sworn according to law, deposes and says that
the facts set forth in the foregoing Complaint for Custody are true and correct to the best
of her knowledge, information, and belief.
Sworn to and subscribed
before me this ~"~ day
of ~-~/~.~,~J~er , 2003.
Nota~ Public
NOI'ARIAL SEAL
LYNN £ffRENFEU), NOI'ARY PUBLI{~
LEMOYNE BORO, CUMBERLAND CO.
MY COMMISSION ~IRES AUG. ]?. 2004
4
II
REBECCA A. DeSANTOS,
Plaintiff
VS.
ROBERT A. DeSANTOS,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. ~$- .~'77~'t
IN CUSTODY
STIPULATION
AND NOW come the above-named parties and stipulate and agree that the court
shall enter the attached order in the above custody action.
Rebecca A. DeSantos Dated
Dated:
REBECCA A. DeSANTOS,
Plaintiff
VS.
ROBERT A. DeSANTOS,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-'~-:~ 5''
IN CUSTODY
DISTRIBUTION:
ORDER OF COURT
AND NOW, this ~ r7 ~1~ day of ~ C_"~ , 2003, upon the written
agreement of the parties attached hereto, we hereby order and decree as follows:
1. The Plaintiff Rebecca A. DeSantos ("Mother") and the Defendant Robert A.
DeSantos ("Father") shall share legal custody of their minor child, R. Anthony DeSantos,
Jr., born November 14, 2001. Each party shall have the right of access to all records and
information regarding the health care, education, religious training, and other significant
matters in the child's life and both parties will cooperate with each other to make
decisions involving important matters in the child's life together.
2. Mother shall have primary physical custody of the child.
3. Father shall have such periods of temporary custody of, or visitation of the said
child as the parties may mutually agree. In the event that the parties are not able to
agree, the court will set an appropriate schedule of custody upon the request of either
party.
BYTHECOURT, /~ /~
y~amuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, PA 17043
~/Robert A. DeSantos, pro se
19932 Stoney Point Way, Germantown, Maryland 20876