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Home My WebLink About06-3366 Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 STEVEN G. DONATUCCI, Plaintiff v. IN THE COURT OF COMM:ON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA . NO. Ol- - .JJt. Ie. e~~ll- ~ : CIVIL ACTION - LAW : IN CUSTODY TAMLA L. DONATUCCI, Defendant CUSTODY COMPLAINT 1. The Plaintiff is Steven G. Donatucci (hereinafter referred to as "Father"), who currently resides at 533 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Tamla L. Donatucci (hereinafter referred to as "Mother"), who currently resides at Muhlgasse 20, 71263 Weil der stadt, Germany, with a mailing address ofCMR 480, Box 789 APO AE 09128. 3. Plaintiff seeks legal and primary physical custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH Timothy M. G. Donatucci 533 Brighton Place September 17,1998 Mechanicsburg, P A 17055 (present address until August 1, 2006) 1105-02 Columbus Avenue Lemoyne, PA 17043 (Address as of August 1,2006) 4. The child is presently in the custody ofF ather who is currently residing together at 533 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. During the past five years the child has resided with the following persons at the following addresses: DATES ADDRESSES NAMES OF PERSONS IN HOUSEHOLD 7/2000-5/2006 Patch Barracks Stuttgart- V aihingen, Germany Mother, Father, child and Stephanie Donatucci (emancipated child) 5/2006-present 533 Brighton Place Mechanicsburg, P A 17055 Father, child, and Father's parents, Gerard and Nancy Donatucci. 6. The Father of the child is Steven G. Donatucci, currently residing at 533 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania 17055. 7. The Mother of the child is Tamla L. Donatucci, currently residing at Muhlgasse 20, 71263 Weil der stadt, Germany. The parties are currently separated from each other and a divorce is pending. 8. The relationship of the Plaintiff to that of the child is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Stephen G. Donatucci Self Timothy M. G. Donatucci Gerard Donatucci Nancy Donatucci Son Child's paternal grandfather Child's paternal grandmother 9. The relationship of the Defendant to the child is Mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Self Emancipated daughter Tamla Donatucci Stephanie Donatucci 10. 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. 11. The Plaintiff has no information of a custody proceeding concerning the child pending in any court of this Commonwealth or elsewhere. 12. 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 child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff can provide a stable, loving environment for the child. The parties 3 have agreed that the child shall return to the United States to be in Father's primary custody. Father has enrolled the child in and he will be attending the West Shore School District. 14. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant legal and physical custody of the child to the Plaintiff. Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 DATE: June 9, 2006 4 Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, PA 17070 (717) 774-1445 STEVEN G. DONA TUCCI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. TAMLA L. DONA TUCCI, Defendant : CIVIL ACTION - LA W : IN CUSTODY VERIFICATION I, STEVEN G. DONATUCCI, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsifIcation to authorities. Dated: I TYJrI~, 2006 ~O~. STEVEN G. DONA TUCCI R -k p "- ~ II i:J D -'...,,.. ~ C> ~;'-- "- - ~ ~ w ().J -...(J "" -0 -~-,,"" ~ ~ (~,? ~ ." ~' .r~ --, -J::- Ol STEVEN G. DONATUCCI PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-3366 CIVIL ACTION LAW TAMLA L. DONATUCCI DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, ~onday,JuneI9,2006 , 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 ~ain Street, ~ecbanicsbur2, PA 17055 on Wednesday, July 19, 2006 at 10:30 A~ 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 detine 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. Failurc to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs tbe parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 bours prior to scheduled hearin!!. FOR THE COURT. By: Isl Dawn S. Sunday. Esq. ~t/ 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 infonnation 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 HA VE 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 (7 I 7) 249-3166 ~ J; : r'fJ~ :;;, ~ -~ ~ 1- ,Pf)'1hV ~ 'pP > 6 S :E; lid 02: iiI';\' seOl 1'..'.'I(.':'i..I\..,"~ :JH1:ln f\tj 'c''':'''./J''<'~:' I.,:",_,!'_".J _~I _" 3Ji:>-.'C-i""C1Jl!j 10'~'1 1<7- or:'.? "J(J- (}(:> . 'I Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717)774-1445 STEVEN G. DONATUCCI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-3366 TAMLA 1. DONATUCCI, Defendant : CIVIL ACTION - LAW : IN CUSTODY ACCEPTANCE OF SERVICE I, Tamla 1. Donatucci, hereby accept service and acknowledge receipt of the above-captioned Custody Complaint, having received said Complaint on the JL day of ~~-' 2006. ~~~D TAMLAL.D ATUCCI ) ) SS. ) ~ \0 WiC-IO"l-~ \a.) Before me, the undersigned officer, a Notary Public in and fin ,~d lI!td - , personally appeared Tamla L. Donatucci, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Acceptance of Service are true and correct to the best of her knowledge, information and belief. tNAND WI'. H I HI:: uNtieD 81 A I t:8 AHMED FORCES AT STUTTGART GERMANY Affirmed and subscribed to before me this Jd. l1~g ~ CRYSTAL L. ALDR I DGE II ~ SGT U S ARMY NO 1<\RYPU Ie PAKALtGAL NeO 270 My commission expires: 1 0 use 0 1 0 4 4 A Indefinite per 10 use I041(a) day of d~' 2006. \,;: ~ ,\ .-...... !~~j'RI"I< ~)."'~ = {' tlOT~~\. ~ : 0 A~\'l:'(~"J :- . '" ClE~311."""".... : II! ARTI use ~()44a (') :. "Q 10 [' '~,.?" SEI'\ -:t . ,y~,.-,'C. r:., '::"n .--\ :J: L nl \ r-,~ o --, - . -- ~,) ;'~) U Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 STEVEN G. DONATUCCI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 06-3366 TAMLA L. DONATUCCI, Defendant : CNIL ACTION - LAW : CUSTODY STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this61l ~ of ~ 2006, by and between STEVEN G. DONAlUCCI, (hereinafter referred to as "Father") an adult individual currently residing at 533 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania 17055 and T AMLA L. DONA lUCCI, (hereinafter referred to as "Mother") an adult individual residing at Muhlgasse 20, 71263 Weil der stadt, Germany with a mailing address ofCMR 480, Box 789 APO AE 09128. WITNESSETH WHEREAS, Mother and Father are the natural parents of Timothy M.G. Donatucci, born September 7, 1998; WHEREAS, a custody action was filed in the Court of Common Pleas of Cumberland County Pennsylvania and the parties desire to set forth their agreed upon custodial plan and schedule for their minor son; WHEREAS, the parties have mutually agreed to incorporate this plan and Order into an Order of Court: NOW THEREFORE, the parties intending to be legally bound, do agree as follows: A. RIGHTS IN FATHER: The parties agree that Father shall have legal and primary physical custody of the minor child, Timothy M.G. Donatucci. B. RIGHTS IN MOTHER: Mother shall have partial physical custody of the parties' minor child, Timothy M.G. Donatucci, as follows: 1. Each summer, for a period of four (4) consecutive weeks, at a time consistent with Mother's vacation from employment. The parties shall mutually agree upon the actual dates for this visitation. Mother shall give Father written notice of her intended custodial period by April 1 st of each year in order to facilitate arrangement of travel and planning of the child's summer activities; 2. Each year, seven (7) days of the child's Christmas/New Year's holiday vacation from school. The exact days shall be scheduled by mutual agreement of the parties. These periods of custody shall commence in 2007 ; 3. All other times as Mother can arrange to be in Pennsylvania and visit with the child; and 4. Such other times as the parties shall mutually agree upon. 2 IN WIlNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a Court Order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: ~;.. D~_ Steven G. Donatucci :Btrbara Sumple-Sullivan, Esquire ~Q~~cQ amla L. Donatucci 3 COMMONWEALTH OF PENNSYL VANIA ) ) SS. ) COUNTY OF CUMBERLAND Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Steven G. Donatucci, who being dulyaffinned according to law, deposes and says that the facts and matter set forth in the within and foregoing Stipulation Regarding Custody are true and correct to the best of his knowledge, information and belief. s scribed to before me this d/ day of ~006. My commission expires: NOTARW. SEAL BARBARA SUMPLE-SUUNAN NotarY PublIc BOROUGH ~COUN1V EAL) CommllllOn Nov 15. 2007 tN AND WITH THE UNITED 5T A TES ARMED FORCES AT STUTTGART GERMANY ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said U.s.I4~ and .s-tu~f)G.E, personally appeared Tamla L. Donatucci, who being duly affirmed according to law, eposes and says that the facts and matter set forth in the WIthin and foregoing Stipulation Regarding Custody are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this q:e- day of ~ 2006. () , J ~O a . NOTARY PUB~ My commission expires: Indefinite per 10 use 10<<(a) \,,'!1I1fl' ,\ J I, .,.' s't THE..4l'"~ '''" ...' 1-" ...~" ~~. O~"R/~ cS'<;o~ ~t~UCtAJ~~ : ~ ~C\.E '\!6OMa 0 :. ~ '\0 use '\ P " 0"" st:"~".." 4 ~~.jl:\~~\TQ:Afoo""'~~"'~~'~.'~~1, .!iiA.\'U.J~~~;;~I~~~!N.'Vl.... /. H<::;UOqOa OVlAJSl38Mli:)W*, . VB1t;O:;) t'JvlJ\Jf.13UMlJ) j " '3J.qX:J i,o.aall{,i:u:'; '{t..1 I '''''''i'~~~.~~.~ _-.:r 1lliIIIb....,'~""" o c s: ""OeD mp, Z"", _--,"f"_.A-.' ....:.. Cf} r;::: ~C) ~u r~~ :3 .. ,...", = = Q' > S N +" ~ ~ m'" Jdj;; :D6 o ..-l ..J -r:' ::fi Qo ".:. I'" ~ ~ :D'> :Jt 0) s:- o Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 STEVEN G. DONATUCCI, Plaintiff v. TAMLA L. DONATUCCI, Defendant . . : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 06-3366 : CIVIL ACTION - LAW : CUSTODY ~_.. ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this ~ay Of~ , 2006 upon consideration of the attached Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Steven G. Donatucci, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody dated August 21, 2006 is adopted as an Order of Court. o~ , D ~~ Q J. 7 ., ViNV!\lAS\!i ~'3d JJ.Nf1CC "'=SV'In8 6 I :2 Wd 62 ~nv SDDl AW10NOH10!:id 3f:U dO 381:1:10.0311:1 I \ ~ .1 RECEIVE SEP 0 Ii 2006 .40/ STEVEN G. DONATUCCI Plaintiff IN THE COURT OF CO CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-3366 CNIL ACTION LAW TAMLA L. DONATUCCI Defendant IN CUSTODY ORDER AND NOW, this 31st day of AU2USt. 2006 , the conciliator, being advised by plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for July 19, 2006, is cancelled. FOR THE COURT, D~~ Custody Conciliator Ic/!Nvr\lAS:~N3d liNn".'" ."..".~'-'''nf"\ IUJ' ;u; ;" ",._.,e:V't V U :f; Hd S- d3S 900l AlNlONOillCUd 3H1 :10 38H:'0Q311:l