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HomeMy WebLinkAbout09-0729IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE MARTIN, CIVIL ACTION Plaintiff : i1o.o9- 729 1 V. GABRIEL NUNZIO BERSITO, CUSTODY Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Danielle Martin who currently resides at 172 Rustic Drive, Shippensburg, Pennsylvania, which is in Cumberland County, Pennsylvania. 2. The defendant is Gabriel Nunzio Bersito who currently resides at, 2187 Pine Road, Newville, Pennsylvania, which is in Cumberland County, Pennsylvania. 3. The plaintiff is seeking custody of the following children: Name Residence Age Dominick Nathan Bersito 172 Rustic Drive Shippensburg 3 (DOB 11/23/05) Acelyn Don Bersito 172 Rustic Drive Shippensburg 1 (DOB 10/22/07) The children were born out of wedlock. 5. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons other than the children: His parents, Judy and Angelo Bersito, sister, Sarah Bersito and her boyfriend Gary. 6. 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. Plaintiff has no information of a custody proceeding concerning the childen pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a parry 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 willing and able to perform the primary parental responsibilities for the children. Plaintiff is in the best position to provide the care and nurture which the children need for healthy development. Defendant does not provide for the children's physical, psychological or social needs while they are in his care. 8. 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, plaintiff requests the court to grant her custody of the minor children. Ihiri D. Coover, Esquire Attorney ID 92385 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE MARTIN, Plaintiff CIVIL ACTION V. GABRIEL NUNZIO BERSITO, CUSTODY Defendant . VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. anielle Martin Date: J-11-ate N r- o ;7 fT, DANIELLE MARTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-729 CIVIL ACTION LAW GABRIEL NUNZIO BERSITO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, February 17, 2009 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 26, 2009 at 10:30 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. 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/ Hubert X. Gilroy, Es q. 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 TO 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 17013 Telephone (717) 249-3166 d? 8S •8 Wd 8! 83J 600Z 3N do it APR 3 0 2006 DANIELLE MARTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW GABRIEL NUNZIO BERSITO, NO. 2009-729 Defendant IN CUSTODY COURT ORDER AND NOW, this day of May, 2009, upon consideration of the attached -S-tt- Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Danielle Martin, and the father, Gabriel Nunzio Bersito, shall enjoyed shared legal custody of Dominick Nathan Bersito, born November 23, 2005, and Acelyn Don Bersito, born October 11, 2007. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy liberal periods of temporary physical custody of the minor children including the following: A. On alternating weekends from Friday at 6:30 p.m. until Sunday at 7:00 p.m. unless the parties arrange other times for pick up and delivery of the children. B. During the week, while mother is working, father shall enjoy custody as long as he is able and not working. He may return the children to mother on those days at 7:00 p.m. C. At such other times as the parties agree. 4. For major holidays, the parties shall share or alternate those holidays pursuant to a schedule worked out between the parties. Additionally, each parent shall be entitled or w to have vacation time with the minor children during the summer as they give the other parent reasonable notice. 5. Transportation for exchange of custody shall be handled such that the receiving parent shall pick the child up either at the beginning or the end of the scheduled visitation. 6. The parties may modify or alter the schedule as set forth above as they agree. Absent an agreement, the schedule set forth above shall control. In the event either party desires to modify this order and the parties cannot agree, that party may petition the court to have the case again scheduled with the custody conciliator for a conference. BY THE COURT, cc: ri D. Coover, Esquire ?e Mr. Gabriel Nunzio Bersito, Esquire ?'E..S rnat ?, s?c?l oq 1 8 h =11 W 9- kvw 6ooZ 1wttiviilC#i? Jo " . . %k DANIELLE MARTIN, Plaintiff vs. GABRIEL NUNZIO BERSITO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-729 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Dominick Nathan Bersito, born November 23, 2005, and Acelyn Don Bersito, born October 11, 2007. 2. A Conciliation Conference was held on April 24, 2009, with the following individuals in attendance: The mother, Danielle Martin, who appeared with her counsel, Sheri D. Coover, Esquire, and the father, Gabriel Nunzio Bersito, who appeared without counsel. 3 The parties agree to the entry of an Order in the form as attached. Date: April ?0 2009 Z4 L f Hubert X. Gilro , Esquire Custody Con iator