The URL can be used to link to this page

Home My WebLink About09-88891 Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjs@,jsdc.com ANGELA N. MARSICO, Plaintiff VS. ALEXANDER A. ALVALLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009- 'R'8'9'9 C u: CIVIL ACTION -LAW CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Plaintiff, ANGELA N. MARSICO, by her attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Plaintiff is ANGELA N. MARSICO, who resides at 337 Evergreen Street, Enola, Cumberland County, Pennsylvania. 2. Defendant is ALEXANDER A. ALVALLE, who is currently incarcerated at State Correctional Institution Albion, 10745 Rt. 18, Albion, Erie County, Pennsylvania, where he is serving a 2-1/2 to 5 year sentence. Defendant is expected to be released on February 10, 2010. 3. Plaintiff and Defendant are divorced and are the parents of three children, ALEXANDER F. ALVALLE, born December 27, 1998, ALEXIS L. ALVALLE, born January 27, 2001 and ALIYAH N. ALVALLE, born June 8, 2003. 4. The best interests and welfare of the minor children would be served by placing sole physical and legal custody of the children with Plaintiff. 5. The minor children have resided at the following addresses for the past five (5) years: (a) From August 2004 until May 2009 at 424 Water Street, New Cumberland, Cumberland County, Pennsylvania with Mother. (b) From May 2009 until present at 337 Evergreen Street, New Cumberland, Cumberland County, Pennsylvania with Mother and Mother's boyfriend, Floyd Rodey. 6. Plaintiff does not have any information of any custody proceeding concerning said minor children in any court in Pennsylvania or any other State. 7. Plaintiff has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor children in Pennsylvania or any other State. 8. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the said minor children or who claims to have custody or visitation rights with respect to them. WHEREFORE, Plaintiff respectfully prays that your Honorable Court order that sole physical and legal custody of the minor children, ALEXANDER F. ALVALLE, ALEXIS L. ALVALLE and ALIYAH N. ALVALLE, be placed with Plaintiff. Date: December 1 2009 Respectfully submitted, r "l MAX J. SMITH, ., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. 1 `- )1 6b 61 0,41 ?(c goo s?'q 3,5- s?? ANGELA N. MARSICO IN THE COURT OF COMMON PLEAS OF PI..,AINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ALEXANDER A. ALVALLE DEFENDANT 2009-8889 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, January 04, 2010 _ upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, January 28, 2010 at 1:30 PM 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 entrv 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/ Dawn S. Sunda Esq.,jon 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 FILM-OFFICE OF THE FROTHMOTARY 2010 JAN -6 AM 11= 28 CUMBE+ L.,-0 COUNTY PENNSYLVANIA SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy t o~~ntr pt ~ iu~~(~~~,~~~ - >; ~a = ,: P, ~ . _ ~-.. ,_ • r- 7~ f -'~ ;-:- ~,~i~,i R,~~ ,~4 ~ . 2~EOJ~PJc~~ ~~ili~~J7 Edward L Schorpp Solicitor Angela N. Marsico vs. Alexander A. Alvalle c..F.,:. ~ :~, .,..._ . _, ; v Case Number 2009-8889 SHERIFF'S RETURN OF SERVICE 01/08/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Alexander A. Alavalle, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Erie County, PA to serve the within Order of Court and Complaint In Custody according to law. 01/13/2010 02:30 PM -Erie County Return: And now January 13, 2010 at 1430 hours I, Robert Merski, Sheriff of Erie County, Pennsylvania, do herby certify and return that I served a true copy of the within Order of Court and Complaint in Custody, upon the within named defendant, to wit: Alexander A. Alvalle by making known unto himself personally, at SCI Albion, 10745 Route 18, Albion, PA 16475 its contents and at the same time handing to him personally the said true and correct copy of the same. _ SHERIFF COST: $37.00 January 22, 2010 SO R ANDERSON, SHERIFF icj%ounfy5uite 552rff. Teleo~oft, Ins. SHERIFF'S RETURN - REGULAR CASE NO: 2010-08889 M COMMONWEALTH OF PENNSYLVANIA: COUNTY .OF ERIE ANGELA N MARSICO VS ALEXANDER A ALVALLE ROGER GUNESCH Deputy Sheriff of ERIE County, Pennsylvania, who being duly sworn according to law, says, the within CUSTODY ORDER OF COURT was served upon ALVALLE ALEXANDER A the DEFENDANT at 1430:00 Hour, on the 13th day of January 2010 at INMATE # GD8953 SCI ALBION, 10745 ROUTE 18 ALBION, PA 16475 by handing to ALEXANDER A ALVALLE PERSONALLY AT ADDRESS GIVEN ABOVE a true and attested copy of CUSTODY ORDER OF COURT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 81.00 Service .00 Affidavit .00 Surcharge .00 So Answers, Sworn and Subscribed to before me this ~_ day of ~D/7 .D. County 6A~"~A9tA fJ. ~93".~a~'~ !i Ric ~~ ~ Cie, Et~e CGt~j- h9y G~~ti~stcn /~ 7, 2011 01/12/2010 JAMES SMITH DIETTERICK CONNELL In The Court of Common Pleas of Cumbe~~and County, Pennsylvania ,.~ t , Angela N. Marsico ~ r ~ - t , ~~ . f ~ r`~~ V.S. ~ ~ ? ~' ~~ Alexander A. Alvalle SCI Albion 10745 Route 18 Albion, PA 16475 Civil No. 2009-8889 Now, January 8, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Erie County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~" ,/sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M, served the within upon at by handing to a and made known to So answers, the contents thereof. Sworn and subscribed before me this day of ,20_ Sheriff of COSTS SERVICE $ MILEAGE_ AFFIDAVIT County, PA copy of the original