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HomeMy WebLinkAbout02-3524GASPARE PASSALACQUA, Plaintiff VS. LESLIE A. PASSALACQUA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - IN CUSTODY COMPLAINT IN CUSTODY 1. The plaintiff is Gaspare Passalacqua, residing at 36A N. Market Street, Duncannon, Perry County, Pennsylvania. 2. The defendant is Leslie A. Passalacqua, who has been evicted from her last permanent address and is presently staying with a friend in Cumberland County at 519 Bridge Street, New Cumberland, Pennsylvania. Although defendant resided in York County prior to this, she has long had a Cumberland County support order and most of the contacts have been with Cumberland County. 3. Plaintiff seeks custody rights regarding the following child: Name Present Residence A~e Karli Passalacqua 519 Bridge Street 7 New Cumberland, PA The child was not born out of wedlock. The child is presently in the custody of defendant, who resides as stated in Paragraph 2. During the past five years, the child has resided with the following persons and at the following addresses: Addresses 1998 707 Pear Street, Lemoyne York Haven, PA 1999 707 Pear Street, Lemoyne 55 Northwood Manor, York Haven 2000-2002 Allentown, while defendam had DUI 55 Northwood Manor, York Haven 55 Northwood Manor, York Haven A friend at 774-0214 Persons resided with Plaimiff and defendant Defendant Plaimiff and defendant Defendant Defendant and an aunt Defendam Defendant and "Ronda" and Ronda's child Defendam and friend The mother of the child is defendant, currently residing as stated in Paragraph 2. She is married to but separated from plaimiff. The father of the child is plaimiff, currently residing at the address in Paragraph 1. He is married to defendam, but separated from her. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides alone. 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship A friend 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 child in another court of the Commonwealth. The court, term and number, and its relationship to this action is: NONE. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because it is in the best interest of the child that regular contact with her father and her mother. The mother does not let the father have any substantial visits, although he regularly sees his daughter on Wednesdays and Sundays. Until the mother was evicted, he tried to just get along with her, but now feels he must play a more substantial role and that some parameters must be defined as to when he can see his daughter. He would like to have "overnights" at a minimum. If the mother is not going to have suitable housing, he would like to get primary custody so his daughter will not be living off the street. 8. Each parent whose parental custody 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of claim N/A WHEREFORE, plaintiffrequests the court to grant him some def'med and specific custody rights regarding the child, including some overnigh~ /PHILP~T & PRO~ / 2_27/l~orth High St., PO Box 116 / ~l~ncannon, PA 17020 ~/(717) 834-3087 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. §4904 relating to unsworn falsification to authorities. ~aasparelpassalacqua //j x Plaimiff GASPARE ?ASSALACQUA : PLAINTIFF : V. : 02-3524 LESLIE A. PASSALACQUA : IN CUSTODY DEFENDANT ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Friday, July 26, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greev~, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, September 03, 2002 at. 8:30 AM for a Pre-Hearing Custody Conference. At such ennference, 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 beard 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/ Me!is~ P. Gree~. . 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 GASPARE PASSALACQUA, Plaintiff V. LESLIE A. PASSALACQUA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3524 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this [0~''' day of September, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. ~,.g~. The parties, Gaspare Passalacqua and Leslie A. Passalacqua, shall have shared legal custody of their minor Child, Karli Passalacqua, born July 7, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have temporary primary physical custody subject to Father's rights of partial physical custody which shall be arranged as follows: A. Each Wednesday from after school until 8:30 p.m. B. On the weekends when Father does not work on Sunday, from Saturday at 9:00 p.m. until Sunday at 8:30 p.m. It is understood that Father does not work two (2) out of each three (3) Sundays. C. And at such other times as the parties may agree. 3. Vacation. Father shall be entitled to up to twenty-one (21) days of vacation each year, which need not be taken consecutively. It shall be permissible for Father to take the Child to Italy.Father will give Mother not less than ninety (90) days notice of his planned vacation. NO. 02-3524 CIVIL TERM 4. Each party will provide each other notice of their planned vacation time in the event that they will be leaving the Commonwealth of Pennsylvania for vacation for a period of five (5) days or more. Notice provided to each parent will include address and telephone number of where they can be located during their vacation time. 5. Transportation. Father will provide all transportation incident to his period of custody on Wednesdays. With regard to weekend custody, the parent relinquishing custody will provide transportation. 6. If after a sixty (60) day trial of this custodial schedule, Father remains concerned about the stability of the Child's circumstances or otherwise prefers to petition for primary physical custody, upon proper petition, Father will be granted a hearing. 7. Cumberland County Court of Common Pleas, the Commonwealth of Pennsylvania, the United States of America, shall retain jurisdiction of this matter. Dist.: Edgar B. ~y~, ~_~ Jerry A. Philpott, Esquire, Philpott & Prosser, LLP, 227 N. High Street, PO Box 11~, Duncannon, Leslie A. Passalacqua, pro se, 1300 York Haven Road, Lot 55, York Haven, PA ~7370 PA 17020 GASPARE PASSALACQUA, Plaintiff V. LESLIE A. PASSALACQUA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3524 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 subject of this litigation is as follows: NAME Karli Passalacqua DATE OF BIRTH July 7, 1995 CURRENTLY IN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was held on September 3, 2002 pursuant to Father's Petition filed on July 24, 2002. Present for the conference were the Father, Gaspare Passalacqua, and his counsel, Jerry A. Philpott, Esquire; the Mother, Leslie A. Passalacqua, who attended pro se. 3. The parties reached an agreement and the form~ler~s attached. Date Melis~a"r:)eel Greevy, Esquire Custody Conciliator :162468