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Home My WebLink About01-04490JERRY H. CANTOR, Plaintiff v. TUSSY C. TATAGIBA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- O'~I y90 CIVIL TERM CIVIL ACTION -DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 JERRY H. CANTOR, Plaintiff v. TUSSY C. TATAGIBA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- CIVIL TERM CIVIL ACTION -DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Jerry H. Cantor, an adult individual, currently residing at 3802 Harness Lane, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Tussy C. Tatagiba, an adult individual, currently residing at 3802 Harness Lane, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on January 18, 1988 in Toronto, Canada. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff is a citizen of Canada. 9. Defendant is a citizen of Brazil . 10. The parties have lived separate and apart since February 2001 and continue to live separate and apart as of the date of this Complaint. 11. The parties' marriage is irretrievably broken. i, ,. ,., 9 12. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. COUNT II CUSTODY 13. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their full text. 13. Plaintiff is Jerry H. Cantor, an adult individual whose residence is at 3802 Harness Lane, Camp Hill, Cumberland, Cumberland County, Pennsylvania. 14. Defendant is Tussy C. Tatagiba, an adult individual whose residence is at 3802 Harness Lane, Camp Hill, Cumberland County, Pennsylvania. 15. Plaintiff seeks custody of his child Bryan Jonah Cantor, born May 31, 1988, currently residing at 3802 Harness Lane, Camp Hill, Cumberland County, Pennsylvania. 16. The child is presently in the custody of Plaintiff and Defendant. 17. Since the child's birth, the child has resided at the following addresses: Name Address Dates Mother & Father 1073 Park View 1995- Montreal, Quebec, Canada 1997 Mother & Father 82 Campania Crescent July 1997 - Toronto, Canada August 2000 Mother & Father 927 Willcliff Drive August 2000 Mechanicsburg, PA 17055 January 2001 Mother & Father 3802 Harness Lane January 2001 Camp Hill, PA 17011 Current 18. The relationship of the Plaintiff to the child is that of natural father. 19. The relationship of the Defendant to the child is that of natural mother. 20. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 21. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 22. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. 23. The child has repeatedly expressed a desire to remain in Camp Hill; that desire was repeated July 19, 2001. 24. Each parent whose parental 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. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. 25. Defendant, natural Mother, is a habitual gambler who consumes whatever financial resources she can for the satisfaction of here addiction at the cost of absenting herself from the child, unreasonably burdening household resources, and causing material deprivation to the child. 26. Natural Father's immigration status is on a three (3) year work permit; Defendant, natural Mother is classified as an L2 Visa. 27. On more than one occasion the Defendant has left the child at home from 3:00 P.M. to 11:00 P.M. in order to satisfy her insatiable appetite for gambling. 28. Plaintiff has performed the majority of childcare and nurturing of the child. WHEREFORE, Plaintiff requests your Honorable Court to provide shared legal custody to both parents and primary physical custody to the Plaintiff, natural Father. Respectfully Submitted ~ TORO LAW FFICES Date alen R. Waltz, Esq it 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce and Custody Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. 07-31- 91 Date H. Cantor CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Divorce and Custody ', Complaint upon Tussy C. Tatagiba, Defendant, by personal service on the 25"' day of July 2001, from Carlisle, Pennsylvania, addressed as follows: Tussy C. Tatagiba 3802 Harness Lane Camp HiIB, PA 17011 TURD LAW OFFICES alen R. Waltz, Es 28 South Pitt Stre Carlisle, PA 17013 (717)245-9688 Attorney for Plaintiff ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ try ~ ~ _ a vs ~~ a ~ \ Q "~ _~ ~'- <> C ~ ~ ~ ~ ~ ~ -,- M ._ JERRY H. CANTOR, Plaintiff v. TUSSY C. TATAGIBA, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4490 CIVIL TERM CIVIL ACTION -DIVORCE PRAECIPE Please settle, withdraw and discontinue the above-captioned matter on behalf of the Plaintiff. ~~ O1 Date Respectfully Submitted TURO LAW OFFICES Galen R. Waltz, 28 South Pitt et Carlisle, PA 17013 (717)245-9688 Attorney for Plaintiff n L .._. t;. ',m-- t_: 'i _= - ~ - ~ om' ~ -_ ~ ~ Y C ::' . : : --. '-1 h..7 . i '' ~C ~~y r ~~