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Home My WebLink About09-8567IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH PASTUCCI, CIVIL ACTION Plaintiff V. a?l' d'?G 7 JESSICA PASTUCCI, CUSTODY Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Joseph Pastucci who currently resides at 1182 Newville Road, Carlisle, Pennsylvania, which is in Cumberland County, Pennsylvania. 2. The defendant is Jessica Pastucci who currently resides at 78 Tip Top Circle, Carlisle, Pennsylvania, which is in Cumberland County, Pennsylvania. 3. The plaintiff is seeking custody of the following children: Name Residence Age Karlee Elizabeth Pastucci 1182 Newville Road 7 Carlisle, PA 17013 DOB - 6/28/02 Shayla Marie Pastucci 1182 Newville Road 11 Carlisle, PA 17013 DOB -12/24/97 The children were born out of wedlock. During the last five years, the children have resided with the following persons and at the following addresses: Joseph and Jessica Pastucci 1182 Newville Road 5/09- and Joseph's children from Carlisle, PA 17013 Present previous relationship Joseph and Jessica Pastucci 1341 Scenery Drive 4/08- and Joseph's children from Mechanicsburg, PA resent previous relationship p Joseph and Jessica Pastucci 265 Webster Street 4/07- and Joseph's children from Carlisle, PA 17013 4/08 previous relationship Joseph and Jessica Pastucci 444 Sioux Drive 4/06- and Joseph's children from Mechanicsburg, PA 17055 4/07 previous relationship Joseph and Jessica Pastucci 3245 Spring Road 4/05- and Joseph's children from Carlisle, PA 17013 4/06 previous relationship The mother of the children is Jessica Pastucci, currently residing at 78 Tip Top Circle, Carlisle, Pennsylvania. She is married but separated. The father of the child is Joseph Pastucci, currently residing atl 182 Newville Road, Carlisle, Pennsylvania. He is married but separated. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following person. His children from a previous relationship. 5. The relationship of defendant to the children is that of mother. The defendant currently resides with the following person. None. 6. Plaintiff has not participated as a party or witness or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child 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 parental responsibilities for the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant him partial custody of the minor children. submitted, Sh' ri D. Coover, Esquire _Aftorney ID 92385 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH PASTUCCI, CIVIL ACTION Plaintiff - V. JESSICA PASTUCCI, : 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 unsworn falsification to authorities. Date: Jos h Pastucci FF.11 FD +t,"riCE nr...?{E PROT?" ,NOTARY HE r .,, 2009 DEC I I FM 3: 24 Clair' NTY 9. n0 ?d ?? ,ems a.3 X93 d Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH PASTUCC.1, CIVIL ACTION Plaintiff N . $ ? ?? Gy? ? V. JESSICA PASTUCCI, CUSTODY Defendant MOTION FOR CUSTODY ORDER AND NOW comes Plaintiff Joseph Pastucci, by and through his attorney, Sheri D. Coover, Esquire and files the MOTION FOR CUSTODY ORDER and in support thereof aver as follows: 1. On or around December 11, 2009, Plaintiff Joseph Pastucci initiated the instant custody case by filing a complaint for custody of the minor children KARLEE ELIZABETH PASTUCCI and SHAYLA MARIE PASTUCCI. 2. The parties have reached an agreement regarding custody of the children which has been memorialized in the attached Custody Stipulation/Order. 3. The parties wish that the attached Custody Stipulation be made an Order of Court. 4. Defendant Jessica Pastucci has been informed that she has the right to retain legal counsel to represent her in this matter but has made the decision to represent herself in this custody matter. 5. No Judge has previously been assigned to this case. WHEREFORE, this Honorable Court is requested to order and decree that the following stipulation is entered as an Order effective this date. >pecPlly submitted, rtt e ri D. Coover, Esquire orney ID 93285 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH PASTUCCI, CIVIL ACTION Plaintiff V. JESSICA PASTUCCI, CUSTODY Defendant CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 1 11n day of December, 2009, I caused the foregoing MOTION FOR COURT ORDER to be served upon defendant by the means specified below: By hand-delivery Jessica Pastucci submitted, Sheri D. Coover, Esquire Attorney ID 93285 44 $. Iilaraover Street Carlisle, PA 17013 u Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH PASTUCCI, Plaintiff V. JESSICA PASTUCCI, Defendant CIVIL ACTION Coq.- 25tOl ON ? Ll CUSTODY CUSTODY STIPULATION/ORDER AND NOW, this N"'" day of 2009, it is hereby stipulated and agreed between the parties as follows: 1. Joseph Pastucci (hereinafter referred to as "Father") and Jessica Pastucci (hereinafter referred to as "Mother) are the parents of KARLEE ELIZABETH PASTUCCI (DOB 6/28/2002) and SHAYLA MARIE PASTUCCI (DOB 12/24/1997). 2. Legal custody as defined by the Act of October 30, 1985, P.L. 264, 23 P.S. § 5301 et.seq. will be shared by Father and Mother. Major decisions concerning the children, including but not limited to the child's education, health, welfare, upbringing and religious training shall be made by the parties jointly. 3. The parties shall share physical custody of the minor children with each party to exercise periods of custody as follows: a. The parties shall each exercise periods of custody on a two-day rotating basis. The parties shall contact each other on the evening of the change to make arrangements for the time and place of the custody exchange that evening. b. The parties shall share custody of the children on the following holidays (New Years Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas and the children's birthdays) with Mother to have custody of the children from the evening before the holiday until 3:00 p.m. on the date of the holiday, and Father to have custody of the children from 3:00 p.m. on the date of the holiday until the evening of the day following the holiday. 4. While in the presence of the children, no party shall make or permit to be made by any person, any derogatory or uncomplimentary remarks about the other parent or any statement intended to estrange the children from the other parent. 5. Each party shall have the right to two non-consecutive uninterrupted weeks of custody with the children. The party exercising the week of custody shall give the other party thirty day advance notice of the dates that they wish to exercise their weeks of custody. 6. The parties shall have the right of first refusal to custody of the children when the party becomes available for a period of over two (2) hours during their period of custody. 7. Mother and Father shall have liberal and reasonable telephone contact with the children while the children are in the custody of the other parent. The parties agree to provide each other with their addresses and phone numbers and will notify each other within five (5) days if they change either. The parties agree that they will have the child return any calls made by the other party to the child which have been missed within twenty-four hours after they have been made. 8. The parties shall share transportation as agreed upon by the parties. U 9. The parties are free to modify the terms of this Order by agreement, but only in the event that both parties completely consent to the modification. Joseph Pastucci y"n Jessica Pastucci 2Q?9DC f I PSI 3: