Loading...
HomeMy WebLinkAbout02-2404JOHN S. PALUSCIO, JR., : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : OF CUMBERLAND COUNTY, PA vs. : NO. _ BRENDA L. PALUSCIO, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED 1N COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. Yom' are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 (717) 249-3166 JOHN S. PALUSCIO, JR. Plaintiff VS : BRENDA L. PALUSCIO, : Defendant : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2404, CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 15th day of July, 2004, we entered the following order which shall replace all prior orders entered in this matter: 1. The parties shall have shared legal custody of their children Jina Paluscio born October 11, 1988, John Paluscio, III, born September 9, 1989, and Jessica Paluscio born July 8, 1991. 2. Mother shall have primary physical custody of the children subject to partial physical custody with Father as follows: A. Every other weekend from 7:00 p.m. Friday until Sunday at 8:00 p.m. during the summer months and 6:00 p.m. during the school year. B. From August 9, 2004, until August 16 or 17, 2004, depending on when young John's football camp starts. Father is to get the children back noon on the day that football camp starts. C. On holidays as agreed to by the parties. If the parties are unable to agree, counsel for each party shall submit that party's proposal with regard to the holiday schedule and we will decide upon the appropriate schedule. D. Such other times as the parties agree. 3. It shall be Father's responsibility to make sure that the children get to all of their scheduled activities, medical and other appointments during his periods of partial custody. Mother is directed to attempt to schedule these things at times other than during Father's scheduled periods of partial custody. If that cannot be avoided, then it will be Father's responsibility to attempt to reschedule. Failing that, he must seek to get to the scheduled activities. 4. The Father shall not consume any alcoholic beverages during his periods of partial custody. Mother shall not drink to the point of intoxication during her periods of custody. Neither parent shall use illegal drugs. 5. Both parties shall refrain from using physical or corporal discipline with the children. Both parties shall ensure that the third parties having contact with the children comply with this provision. 6. The Father shall not allow the children to be in the presence of or on the property of Steven Rydesky unless Father is present and supervising. Children are not to be in the presence of Dr. Rydesky ever without father also being present. 7. Mother shall write Father a letter discussing the children at least once per week for the next six months. The father shall respond to that letter within seven days of receipt. It would be nice if he s.ha~eriences in the children's lives while in his par~iy. Edward E. Guido, J. Richard Gan, Esquire - Counsel for Father Grace D'Alo - Counsel for Mother :mlc JOHN S. PALUSCIO, JR., : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : OF CUMBERLAND COUNTY, PA .. vs. i NO. _ . qat/ BRENDA L. PALUSCIO, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, TO V~IT, this ,J~. day of ~J/~,~ _ ,2002 comes the Plaintiff/Petitioner, John S. Paluscio, Jr., by and through his attorney, Jane M. Alexander, Esquire, and files this Petition for Modification of Custody Order upon a cause of action of which the following is a statement: 1. Plaintiff/Petitioner is John S. Paluscio, Jr., an adult individual who currently resides at 2303 Stumpstown Road, Mechanicsburg, PA 17055 (since December 14, 1999). 2. Defendant/Respondent is Brenda L. Paluscio, an adult individual who currently resides at 212 South Front Street, Wormlesburg, PA 17043 (since on or about July 2001). 3. Petitioner and Respondent are the natural parents of two (2) minor children, Jina M. Paluscio, age 13, born October 11, 1988, John S. Paluscio, III, age 12, born September 9, 1989 and Jessica P. Paluscio, age 10, born July 8, 1991. 4. Plaintiff/Petitioner seeks joint legal custody and primary physical custody of the said children with scheduled visitation for Defendant/Respondent. 5. The children were not born out of wedlock. 6. The Plaintiff/Petitioner and Defendant/Respondent were married August 8, 1987 and were separated December 6, 1999. Plaintiff/Petitioner filed an action in divorce in the Court of Common Pleas of York County, Commonwealth of Pennsylvania to Number 99-SU-05871-02D. A decree in divorce was granted to the parties by Judge Snyder on June 12, 2001. 7. There is a current order for custody of the children in the Court of Common Pleas of York county, Pennsylvania entered to No. 99-SU-05871-02C signed by Judge Richard K. Renn, dated July 9, 2001 a copy of which marked Exhibit "A" is attached hereto and made a part hereof. Since March of 2002 the Plaintiff/Petitioner has been seeing the children frequently with the agreement of the respondent but no written agreement for modification has been signed by the parties. 8. The children presently reside with Defendant/Respondent, their mother, at 212 South Front Street, Wormlesburg, PA 17043 where they have resided since July 2001. Other parties living in the home are Christopher Malone and his son, James Malone, age 16. Prior thereto the Defendant/Respondent and the children lived at 313 Pumell Road, Wells Tanney, Fulton County, Pennsylvania where they lived form the summer of 2000. Joshua Wilt lived with them until he was sent to prison. Prior thereto the Defendant/Respondent and the children lived with Joshua Wilt at 136 N. York Road, Dillsburg, PA 17019, Monaghan Township from December 1999 until the summer of 2000. 9. The relationship of Plaintiff/Petitioner to the children is that of natural father. 10. The relationship of Defendant/Respondent to the children is that of natural mother. 11. The Plaintiff/Petitioner has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or another court. 12. The Plaintiff/Petitioner has no information of a custody proceeding concerning the children pending in any other court within this Commonwealth. 13. The Plaintiff/Petitioner does not know ora person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interests and permanent welfare of the children will be best served by granting the relief requested because Plaintiff/Petitioner can provide a good home environment free of drugs and removed from parties having a criminal record. The children have not been properly supervised, have been getting in trouble and are failing in school. The Plaintiff/Petitioner feels that he can provide a home environment which will assist the children in doing better in school and supervise them so as to reduce their involvement in inappropriate activities. WHEREFORE, Plaintiff/Petitioner requests your Honorable Court to amend the existing Order to grant him primary physical custody and joint legal custody with scheduled visitation for the Defendant/Respondent. Respectfully submitted, /g~e ~. Al~-a~d~, sE~qu~re ~ttomey for Plaintiff /Attorney I.D. #07355 / 148 S. Baltimore Street Dilv -"lsburg, PA 17019-042 (717) 432-4514 VERIFICATION I verify that the statements made in this Petition for Modification of Custody Order are true 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. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF YORK : Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared John S. Paluscio, Jr. who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief· Sworn to and subscrib~i_d before me this of ~. ,a~ , 2002. Notarial Seal Halyard E, Alexander, Notary Publlo OIIIsbur~ Boro, York County My Co~lmisslon Expires Apr. 23, 2005 Member, pennsylvania Association o~ Notaries JOHN S. PALUSCIO, JR., Plaintiff VS. BRENDA L. PALUSCIO, Defendant IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA : NO. 99-SU-05871-02C : : CIVIL ACTION - LAW : CUSTODY AND NOW, this ~f/< day ~'O~n~ , 2001, upon agreement of the parties, John S. Paluscio, .Ir. and Brenda L. Paluscio the attached Agreement and Stipulation of Custody of the parties is entered as an order of Court. By the Court Judge JOHN S. PALUSCIO, JR., : Plaintiff : : VS. : : BRENDA L. PALUSCIO, : Defendant : IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA NO. 99-SU-05871-02C CIVIL ACTION - LAW CUSTODY AGREEMENT AND STIPULATION OF CUSTODY This Agreement and Stipulation made this c~.~,~ day of ~ 2001 by and between John S. Paluscio and Brenda L. Paluscio is llows: WHEREAS, Brenda L. Paluscio is the natural mother of Jina M. Paluscio (name incorrectly spelled in prior documents as Jeana), born October 11, 1988, John S. Paluscio, III, born September 9, 1989, and Jessica P. Paluscio, born July 8, 1991;and WHEREAS, John S. Paluscio, Jr. is the natural father of said minor children; and WHEREAS, the parties who were married on August 1,1987 and separated on December 6, 1999; and WHEREAS, the mother wishes to have primary custody of said children and father wishes to have rights of visitation with said children; and WHEREAS, the parties do not wish to pursue this matter with any further legal proceedings, having reached an agreement as to custody and visitation of their three (3) children, desire to legally obligate themselves to the terms of the following agreement. NOW THEREFORE, in consideration of the above recitals which are incorporated herein by reference and of the mutual promises and covenants contained hereinafter, the parties, intending to be legally bound, hereby agree as follows: 1. The parties shall have shared legal custody of their three (3) minor children, Jina M. Paluscio, John S. Paluscio, IH, and Jessica P. Paluseio. 2. The mother shall have primary physical custody of the three (3) children with the father having visitation under the supervision of Robert Butler, the children's maternal grandparent as follows: (a) Father shall have visitation of the children on alternate Sundays beginning with the Sunday of June 10, 2001 for a period beginning at 1:00 P.M. and ending at 3:00 P.M.. The visitations shall take place at the home of Robert Butler, R.D.//4, Box 45, Bedford, PA 15522. (b) Said two hour visitations shall continue for six (6) visits and then the period of visitation shall be extended to four (4) hours, beginning at 1:00 P.M. and ending at 5:00 P.M. and continue for eight (8) visits. (c) At the end of the fourteen (14) visits the parties are directed to develop and to submit to the court a schedule of custody and visitation to be followed thereafter. 3. Both parties shall provide the other with both work and phone numbers where they can be reached in case of emergency. 4. Parties may have limited phone contact only for the purpose of the compliance with this custody order. 5. The parties further stipulate and agree that this Agreement and Stipulation of Custody shall be submitted to the Court of Common Pleas of York County and Commonwealth of Pennsylvania with the with request that the Court approve this Agreement and Stipulation and enter the same as an order of Court. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Brenda L. Pahiseio~ Defendant Timothy J. Colgan, Attorney for Defendant JOHN S. PALUSCIO, YR. : PLAINTIFF : V. BRENDA L. PALUSCIO DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2404 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 21, 2002 , 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 Wednesday, June 19, 2002 at 10:00 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. 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. FOR THE COURT, By: /s/ Dawn S. Sunday. 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JOHN S. PALUSCIO, JR., Plaintiff VS. BRENDA L. PALUSCIO, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA ; : NO. 02-2404 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this ,qB ~' day of '~r~mg ,2002 personally appeared Jane M. Alexander, Esquire who swears acc to law, that a true and correct copy ora COMPLAINT IN CUSTODY was caused to be served by certified mail with return receipt requested upon thc said, Brenda L. Paluscio 212 South Front Street Wormlesburg, PA 17043 on May 21, 2002 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. (717) 432-4514 Sworn and subscribed before me this _ 2_~.~~ _ day of P'~-4"<~ ,2002. Notary Public JOHN S. PALUSCIO, JR., Plaintiff VS. BRENDA L. PALUSCIO, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : : NO. 02-2404 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY P_ROOF OF SERVICE I also wish to receive the following services (for an extra fee): 1. [] Addreesee's Address 2. ~;~a~tricted Dellveo/ ./~l~..13ert' r-] EXl:~mm Mall [] insuir~ [] Re~um Receipt for Merchar~ise >. o.,. o, ~,,._~.cz I--o~c°°l ~ ' 5. ~ By'. (Print Nam. e) I . a,,~ ............ urn R~eipt JOHN S. PALUSCIO, JR., Plaintiff/Petitioner VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 02-2404 Civil Term BRENDA L. PALUSCIO, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY ORDER NOW, to wit, this ~} 7~day _~~ ~, 2002, upon consideration of the foregoing Custody Agreement and Stipulation of the parties and on motion of Jane M. Alexander, Esquire, counsel for Plaintiff, John S. Paluscio, Jr., and with the agreement of Joan M. Carey, Esquire, Counsel for Defendant, Brenda L. Paluscio, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Agreement and Stipulation of Custody of the parties dated ~ ~ ,2002 are adopted as an Order of Court as if set forth herein at length. Judge JOHN S.PALUSCIO, Plaintiff VS. BRENDA L PALUSCIO, Defendant JAN 0 7 La@3 '~/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2404 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 2na day of ~, the conciliator, having continued the original Custody Conciliation Confe--~ence from June 19th, 2002 pending resolution of the Mother's Protection From Abuse Petition, and having received no further request from counsel for the rescheduling of the conference, hereby relinquishes jurisdiction. FOR THE COURT, Custody Conciliator John S. Paluscio, Jr Plaintiff vs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION- Law-Custody NO 02-2404 Brenda L. Paluseio, Defendant PETITION FOR EMERGENCY RELIEF AND NOW, comes the Plaintiff, John S. Palucio Jr. and through his attorney Richard R. Gan, Esquire from the Orr Law offices and respectfully files the following Petition for Emergency Relief. 1. John S. Paluscio Jr and Brenda Paluscio, hereinafter referred to as Father and Mother, are the natural parents of John Paluscio, III, DOB Sept 9, 1989. 2. The parties share legal custody of the minor child and the Mother has primary custody under the terms of a Custody Order dated August 27, 2002. This order is attached hereto. ( Exhibit A.) 3. That subsequent to the entry of this order, Defendant mother has permitted her boyfriend to live at her home in Bedford Pennsylvania. 4. That the relationship between Plaintiffs son, John Paluscio III and Defendants boyfriend is volatile. 5. That this relationship resulted in a physical assault of John Paluscio III on January 2004 by Defendants boyfriend. ( Report of Bedford County, Exhibit B) 6. That additionally, John Paluscio III is under the constant fear of threats and intimidation by his mother's Boyfriend. 7. That the Minor John Paluscio must keep his bedroom door locked to avoid the theft of personal belongings from his room. 8. That the Defendant permits her son to stay at his girlfriends house for regular overnight visits. 9. The child is subjected to extensive amounts ofintra family turmoil which can be described as chaotic and abusive. (affidavit of the minor child, Exhibit C) 10. That Plaintiff father can provide a stable and loving home absent of abuse, theft and physical assault. WHEREFORE, Plaintiff respectfully requests this honorable court grant the following: a. Temporary primary physical custody to Plaintiff Father. b. Visitation to Defendant mother under the strict supervision of Bedford County Children and Youth Services. c. Permit Plaintiff Father to enroll the child in the Mechanicsburg area school System. Respectfully Submitted, Orr Law Offices 50 East High Street Carlisle, PA 17031 By: Richard R. Gan, Esquire 717-258~8558 I.D. 68721 John S. Paluscio, Jr Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION- Law-Custody NO 02-2404 Brenda L. Paluscio, Defendant VERIFICATION I verify that the statements made in the foregoing are tree and correct. I Understand tat false statements herein are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsification to authorities. John Paluscio Jr, Plaintiff JOHN S. PALUSCIO, JR., Plaintiff/Petitioner VS. BRENDA L. PALUSCIO, : IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY PA : NO. 02-2404 Civil Term : : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY ORDER AND NOW, t° wit, this ~} ~day ~ ,2002, upon consideration of the foregoing Custody Agreement and Stipulation &the parties and on motion of Jane M. Alexander, Esquire, counsel for Plaintiff, John S. Paluscio, Jr., and with the agreement of Joan M. Carey, Esquire, Counsel for Defendant, Brenda L. Paluscio, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Agreement and Stipulation of Custody of the parties dated ~' ~' ,2002 are adopted as an Order of Court as if set forth herein at length. Judge PLAINTIFF'S EXHIBIT JOHN S. PALUSCIO, JR., Plaintiff/Petitioner VS. BRENDA L. PALUSCIO, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA .. : NO. 02-2404 Civil Term : CIVIL ACTION - LAW : IN CUSTODY AGREEMENT AND STIPULATION FOR CUSTODY AND NOW, TO WIT, this ~dayof -~ _ ~ ~.-.~ ~..~- ,2002 Mech (~ - - comes John S. Paluscio, Jr., of 2303 Stumpstown Road, anicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as "Father") and Brenda J. Paluscio of 212 South Front Street, Wormlesburg, Cumberland County, Pennsylvania, 17043, (hereinafter referred to as "Mother"), having reached an agreement to mutually settle and resolve the issues of custody of their three (3) minor children, Jina M. Paluscio, age 13, bom October 11, 1988; John S. Paluscio, III, age 12, bom September 9, 1989; and Jessica P. Paluscio, age 11, bom July 8, 1991, desire to legally obligate themselves to adhere.to the terms of salcl agreement: WHEREAS, John S. Paluscio, Jr. is the natural father of said minor children; and WHEREAS, Brenda L. Paluscio is the natural mother of said minor children; and WHEREAS, a conciliation was scheduled to be held June 19, 2002 at 11:00 a.m. before Dawn S. Sunday, Esquire; which was cominued WHEREAS, the parties have been able to reach an agreement regarding custody and are desirous of avoiding further legal proceedings and are desirous of entering into a Custody Stipulation for entry as a Court Order. NOW THEREFORE, it is hereby agreed and stipulated by and between John S. Paluscio, Jr. and Brenda L. Paluscio as follows: 1. Legal Custody: Mother shall have legal custody of the three (3) minor children, Jina, John, and Jessica. Mother shall be responsible to make the major decisions concerning the moral, physical, emotional, medical, educational, and religious aspects of the children's upbringing. 2. Physical Custody: a) Mother shall have primary physical custody of the said three (3) children. b) Father is making no request for partial custody of the three (3) children as he is removing from Pennsylvania. The parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a custody order. IN WITNESS WHEREOF, the parties have heretmto set their hand and seals the day and 7ear first above-written. ~jitness: ~Attomey For'Plaintiff ~m~e ~CFoarre~; fe~: qan; i r e ~ Brenda L. Palusci62'/' BEDFORD COUNTY CHILDREN & YOUTH SERVICES 204 South Juliana Street, Suite 201 Bedford, Pennsylvania 15522 Telephone: 814-623-4804 or 1-800-634-6395 (After Hiours) 814-623-4804 Fax: 814-623-3013 January 23, 2004 Mr. John Paluscio, Jr. 2303 Stopstown Road Mechanicsburg, PA 17055 Re: ChildLine #05-02126 Dear Mr. Paluscio: On JanuarV 23, 2004, the Bedford County Children & Youth Services received a report of suspected X physical ___sexual __emotional child abuse which listed your child, John Pa~_uscio, III, as the abuse victim. The purpose of this letter is to notify you, as parent(s) of this report of suspected abuse and to ask your cooperation during the abuse investigation. The Child Protective Services Law requires this report to be investigated to determine if the allegations are true and, if so, to provide or arrange protective services and assistance as necessary for the subjects of this report. The goal of ()ur agency is to protect children from child abuse and neglect, and to keep them in their own homes when possible. Our agency must meet with you and your child to determine if the report is accurate. You, as a parent, have a right tc be interviewed regarding the allegations of abuse involving your child if you have information relating to the abusive incident. If an interview appointment has not previously been arranged for you, please telepkone me at 814-623-4804 or 1-800-634-6395. You have a right to consult with an attorney at any time. If you feel that you cannot afford an attorney, I suggest you contact the community legal aid organization in your area so they can determine if you qualify for their services or if they can help you locate other legal assistance. If the court is petitioned, you have the right to have an attorney, introduce evidence, and cross examine witnesses. This agency is also required by law to notify the local law enforcement officials of sexual abuse and certain physical abuse allegations. INFORMATION- - COUNSELING (Crisis, Family, Individual) - - CHILD ABUSE~VEGLECT SERVICES (Parenting, Child-Rearing, Child ~ HOMEMAKER SERVICES (Home Management, Budgeting, Nutrition) - - PLACEMENT SER VICE. (Emergency Shelter Care, Foster Faro Group Care, Facility Based Child Care, Adoption) - - HOME STUDIES (Court-Ordered) - - SERVICES TO UNWED PARENTS EQUAL OPPORTUNITY EMPLOYER PLAINTIFF'S EXHIBIT Mr. John Paluscio, Jr. January 23, 2004 Page 2 You will be notified of the results of this investigation. At the end of the child abuse investigation, a report will be completed that will determine the status of the abuse to be Founded, Indicated, or Unfounded. You may receive a copy of this report if you request it of me in writing. The name of the person who made the report is confidential and will not be disclosed. A Founded or Indicated report may keep the perpetrator of the abuse from working in child care services or in a school. ChildLine's unfounded reports beginning with March, 1999, oral report dates will be expunged the 13th month after the date of oral report. Investigating agencies will be required to expunge within 120 days after that year has passed unless the agency provides or arranges social services for the child or the family, then the records will be retained and will indicate that the report of suspected child abuse was Unfounded. If you believe the information in substantiated (Indicated or Founded) cases is inaccurate or not being maintained according to the Child Protective Services Law, you have the right to request the Secretary of the Department Of Public Welfare to amend or expunge the report within forty-five (45) days of being notified of the status determination. Mail your request to Secretary Feather O. Houstoun, ChildLine And Abuse Registry, Hillcrest 2~d Floor, P. O. Box 2675, Harrisburg, PA 17105-2675. Agency services such as case management, counseling coordination of supportive services from other agencies, services, and homemaking services are available to you. services, parenting Your cooperation in this matter is greatly appreciated. If you have any questions, please telephone me at 814-623-4804 or 1-800-634-6395. TF:mb_b Certified Letter No. 7002 0860 0006 3627 8287 PLAINTIFF'S EXHIBIT JOHN S. PALUSCIO, JR. V. BRENDA L. PALUSClO : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-2404 CIVIL TERM : : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 29TM day of JANUARY, 2004, it appearing to the Court that the matter upon which the "Petition for Emergency Relief" is based is being handled by the Bedford County Children and Youth Agency, we see no need for emergency relief· The petition will be handled as a Petition to Modify Custody and should be directed to conciliation. Edward E. Guido, .1. v~,ichard Gan,~ Esquire yt~'renda L. Paluscio v/John Paluscio :sld JOHN S. PALUSCIO, JR. : PLAINTIFF : BRENDA L. PALUSCIO DEFENDANI' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2404 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 13, 2004 , 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, February26,2004 at 11:00 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. 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. FOR THE COURT. By: /s/ Dawn S Sunday. 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 hcilities 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 JOHN S. PALUSCIO, JR. V. BRENDA L. PALUSCIO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2002-2404 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 29TM day of JANUARY, 2004, it appearing to the Court that the matter upon which the "Petition for Emergency Relief" is based is being handled by the Bedford County Children and Youth Agency, we see no need for emergency relief. The petition will be handled as a Petition to Modify Custody and shoul~cted to conciliation.'~ By te ~ Edward E. Guido, J. Richard Gan,: Esquire Brenda L. Paluscio John Paluscio :sld JOHN S. PALUSCIO, JR. Plaintiff VS. BRENDA L. PALUSCIO Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2404 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME Jina Paluscio John Paluscio, III (Johnny) Jessica Paluscio DATE OF BIRTH October 11, 1988 September 9, 1989 July 8, 1991 CURRENTLY IN CUSTODY OF Mother Mother Mother 2. A Conciliation Conference was held on March 25, 2004, with the following individuals in attendance: The Father, John S. Paluscio, Jr., with his counsel, Richard Gan, Esquire, and the Mother, Brenda L. Paluscio, who was not represented by counsel at the conference. 3. This Court previously entered an Order on August 27, 2002, incorporating the parties' stipulation under which the Mother had primary physical custody and legal custody and the Father made no request for partial custody of the Children. The Father filed a Petition for Emergency Relief January 28, 2004, which was referred to conciliation by the Court by order dated January 29, 2004 directing that the petition be handled as a Petition to Modify Custody as the subject of the Emergency Petition was being handled by the Bedford County Children and Youth Agency. JOHN S. PALUSCIO, JR. Plaintiff VS. BRENDA L. PALUSCIO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2404 CIVIL ACTION LAW 1NCUSTODY ORDER OF COURT AND NOW, this ~[,,~11 day of ~ , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated August 27, 2002 is temporarily suspended pending the conciliation conference scheduled in this Order, during which time the custody provisions of this Order shall supercede and replace the custody arrangements of the prior Order. 2. The Mother shall have sole legal custody and primary physical custody of Jina Paiuscio, born October 11, 1988, John Paluscio, III, bom September 9, 1989, and Jessica Paluscio, born July 8, 1991. 3. The Father shall have partial physical custody of the Children in accordance with the following schedule: A. On Saturday, April 3, 2004 from 10:00 am until 8:00 pm. B. On Saturday, April 17, 2004, fi.om 10:00 am until 8:00 pm. C. From Saturday, May 1, 2004 at 10:00 am through Sunday, May 2, 2004 at 6:00 pm. D. From Saturday, May 15, 2004 at 10:00 am through Sunday May 16, 2004 at 6:00 pm. E. Thereafter, on alternating weekends from Friday at 7:00 pm through Sunday at 6:00 pm, on a continuing basis, if agreed to be in the Children's best interests at the May 18, 2004 conciliation conference. 4. The Father shall refrain from consuming alcohol during all periods of custody with the Children. The Mother shall refrain fi.om consuming alcohol excessively or to the point of intoxication during her periods of custody with the Children and shall ensure that third parties having contact with the Children comply with this provision as well. Neither party shall use illegal drugs. 5. Both parties shall refrain fi.om using physical or corporal discipline with the Children. Both parties shall ensure that third parties having contact with the Children comply with this provision. 6. The Father shall ensure that the Children do not have any contact with (and are not on the property of) the Father's uncle, Steven Rydesky, unless the Father is present and supervising. 7. The parties and counsel shall attend a Custody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on May 18, 2004 at 8:30 am for the purpose of reviewing the temporary custody arrangements in this Order. Neither party's position on custody shall be prejudiced by his or her agreement to the temporary trial arrangements set forth in by this Order. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido J. cc:,//Richard Gan, Esquire - Counsel for Father ~,~renda L. Paluscio, Mother Oq-02-0 / JU[~3 2004 JOHN S. PALUSCIO, JR. : Plaintiff : : VS. BRENDA L. PALUSCIO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2404 CiVIL ACTION LAW IN CUSTODY ORDER OF COURT consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is sch_ed_tiled in courtroo__,m numbe~ ,~ of thel~umberland County Courthouse on the /,.~'~ dayof {.-~/a~' ,2004at t'~.'.,.q~_o'clocl~m. For purposes of the heating, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall submit a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least I0 days prior to the heating date. 2. Pending fitrther Order of Court or agreement of the parties, the prior Order of this Court dated April 2, 2004 shall continue in effect, with the Father having periods of partial custody of the Children on alternating weekends as provided therein. Edward E. Guido J. Richard R. Gan, Esquire - Counsel for Father Brenda Paluscio, Mother JOHN S. PALUSCIO, JR. Plaintiff VS. BRENDA L. PALUSCIO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2404 C1VIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3 -8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH .CURRENTLY IN CUSTODY OF Jina M. Paluscio John S. Paluscio, III Jessica P. Paluscio October 1 I, 1988 September 9, 1989 July 8, 1991 Mother Mother Mother 2. A Conciliation Conference was held on June 9, 2004, with the following individuals in attendance: The Father, John S. Paluscio, Jr., with his counsel, Richard R. Gan, Esquire, and the Mother, Brenda L. Paluscio, who is not represented by counsel in this matter. 3. This Court previously entered an Order on August 2'7, 2002, incorporating the parties' stipulation under which the Mother had primary physical custody and legal custody and the Father made no request for partial custody of the Children. The Father filled a Petition for Emergency Relief on January 28, 2004, which was referred to conciliation by the Court by Order dated January 29, 2004 directing that the Petition be handled as a Petition to Modify Custody as the subject of the Emergency Petition was being handled by the Bedford County Children and Youth Agency. As a result of the initial conciliation conference, an Order was entered on April :2, 2004 by the parties agreement temporarily suspending the August 27, 2002 Order by providing for the Father to have partial physical custody of the Children on alternating weekends. A follow-up conciliation conference was scheduled for May 18 and was rescheduled to June 9, 2004 due to an injury sustained by the Mother. 4. The purpose of the June 9, 2004, conference was to review the temporary partial custody arrangements under which the Father had periods of custody with the Children on alternating weekends. The Father believed that the custody schedule had been going extremely well and requested additional time with the Children over the summer. Conversely. the Mother believed that the partial custody arrangements were detrimental to the Children's well being and requested that all contact with the Father be discontinued. The parties were unable to reach an agreement at the conference and it will be necessary to schedule a hearing on the Father's Petition for Modification. 5. The Father's position on custody is as follows: The Father stated that he believed the alternating weekend periods of custody with the Children were going very well and that the Children were happy with the arrangements. The Father indicated that he has a close relationship with the Children and the Children, especially the parties' son, would be very upset if their contact with the Father were reduced. The Father proposed that the parties equally share custody of the Children throughout the summer and continue the alternating weekend schedule during the school year. The Father denied the Mother's allegations concerning his failure to properly supervise the Children during his periods of custody and indicated that there are serious problems with regard to the Children's welfare at the Mother's residence. The Father feels the Mother is overly permissive with the parties' older daughter. The Father believes it is appropriate for the Children to spend some time with relatives during the Father's periods of custody. The Father believes it wonld be in the Children's best interest to maintain substantial ongoing contact with him as he has proposed. 6. The Mother's position on custody is as follows: The Mother proposes that the Father's contact with the children be terminated or in the alternative, the Father's periods of custody should be supervised by a Children and Youth Agency. The Mother expressed concern that the Children were being inadequately supervised during the Father's periods of custody and that the Father is unable to exercise good judgment on issues concerning the Children when they are with him. The Mother's other concerns as expressed at the conference included allegations that the Father has been coaxing the Children to live with him and that he has not been paying child support. The Mother requested that the Father have no contact with the Children pending the hearing. 7. The conciliator contacted the Court to obtain an expedited hearing date and to obtain guidance with regard to temporary custody arrangements pending the hearing. As apparently the Father's counsel was not available on the dates offered by the Court in mid-July, no hearing date is assigned in the attached Order. It should be noted that the Mother expects to obtain representation for the hear/ng. 8. Based upon the representations made by the parties at the conference and guidance from the Court, the conciliator recommends an Order in the form as attached scheduling the hearing date and providing a temporary custody schedule pending the hearing. Date Dawn S. Sunday, Esquire Custody Conciliator Richard R. Gan 50 East High Street Carlisle, PA 17013 Brenda L. Paluscio 223 First Street New Pads, PA 15554