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HomeMy WebLinkAbout01-6577CELESTA SABATINO, Plaintiff Vo MARCUS S. SABATINO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-d,,5'TT CIVIL TERM CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaimiff is Celesta Sabatino, an adult individual currently residing at 8 Dogwood Court, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Marcus S. Sabatino, an adult individual currently residing at 8 Dogwood Court, Camp Hill, Cumberland County, Pennsylvania 17011; however he is planning to move to a different residence within Cumberland County in the near future. 3. The Plaintiff is the natural Mother of the child, Deanne Noel Sabatino, bom December 23, 1987. 4. The child was bom in wedlock. 5. For the past five years, the child has resided with the following persons at the following addresses for the following lengths of time: NAME Celesta Sabatino Marcus Sabatino Derek Sabatino (brother) ADDRESS DATES 8 Dogwood Court 1995 to Newville, PA present married. The natural Mother of the child is the Plaintiff, who resides as foresaid. She is married. The natural Father of the child is the Defendant, who resides as foresaid. He is 8. The relationship of the Defendant to the child is that of natural Father. The Defendant currently resides with the Plaintiff, the child at issue, and Derek Sabatino, the parties' adult son. 9. The relationship of the Plaintiff to the child is that of natural Mother. The Plaintiff currently resides with the Defendant, the child at issue, and Derek Sabatino, the parties' adult son. 10. The Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 11. The best interest and permanent welfare of the child will be best served by granting the relief requested as the Plaintiff is better suited to provide a stable environment to foster the child's well being. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, the Plaintiff, Celesta Sabatino, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Date: Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 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. § 4904, relating to unsworn falsification to authorities. CELESTA SABATINO, Plaintiff CELESTA SABATINO : PLAINTIFF V. MARCUS S. SABATINO DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6577 CIVIL ACTION LAW IN CUSTODY AND NOW, Wednesday, December 05, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, January 08, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effor~ 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. FORTHECOURT, By: /s/ facqueline M. Verney. Esq. ~. 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 ATrORNEY AT ONCE. 1F 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 VINVA-i,~5~IN~c! 68 :~ ~I~ g- 330 I0 CELESTA SABATINO, Plaintiff MARCUS S. SABATINO, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6577 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into on the day and year hereinafter set forth, by and between CELESTA SABATINO, hereinafter referred to as "Mother" and MARCUS S. SABATINO, hereinafter referred to as "Father". WHEREAS, the parties are the natural parents of Deanne Noel Sabatino, bom December 23, 1987; and WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the child. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as follows: 1. The Mother and Father shall have shared legal custody of the child. 2. Mother shall maintain primary physical custody of the child with periods of temporary physical custody belonging to the Father at such times as they may mutually agree, but never less than on alternating weeks, from 7:00 p.m. Friday through 7:00 p.m. Sunday. 3. The parties shall have alternating physical custody of the child during the holidays, such as the parties mutually agree. 4. Transportation of the child shall be shared by the parties such that the party acquiring custody will be responsible for providing transportation. 5. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 6. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 7. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 8. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 9. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six 3 months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 10. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable, and that it is not the result of duress or undue influence. 11. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Defendant herein specifically acknowledges that he has chosen to proceed in this matter without legal counsel, and furthermore specifically acknowledges that he is aware of his right to consult with counsel before signing the within Agreement, and has voluntarily and freely chosen not to exemise that right. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. 1N WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set forth their signatures the day and year herein mentioned. JAN 1 8 2002 DATE ] 2 M~ lus S. Sabatiho, Father 4 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS On this///~/~"~day of .~x/d.~.~ .200 a,~ ,before me, the undersigned officer, personally appeared~'~CELES~?A SABA~INO known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal/ Kimborly L. Diehl-Hough, Notary Public I Carlisle Bore, Cumberland County My Commiss on Expires May 5, 2003 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ v~, [a.,~ c~ SS On this 2 q '%day of ~ 6 ~ ~, 4r,~ ,200 Z., before me, the undersigned officer, personally appe~ed ~IARCUS S. SABA'TINO known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~tary Public-' - SheJby A. Milch, l~lo~'y l~bllc ~p lqill Boeo, Culml~l*nd ~ou~ty CELESTA SABATINO, Plaintiff MARCUS S. SABATINO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6577 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~ ,200~--~n presentation and consideration of the attached Custody Stipulation and Agreement it is hereby ordered and directed that it be entered as an Order of Court. BY THE COURT, FEB 0 1 200 CELESTA SABATINO, Plaintiff V. MARCUS S. SABATINO Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6577 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 1st day of February, 2002, the Conciliator being notified that the parties have signed a Custody Stipulation in the above matter, the Conciliator hereby relinquishes jurisdiction in this matter. FORTHECOURT, ey, Esquire, Custod~onciliator'