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Home My WebLink About04-1537CHRISTINA CHITTESTER, Plaintiff VS. JOSEPH TAVERNA, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04- 1 37 CIVILTERM : CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Christina Chittester. Plaintiff's permanent residence is 25 East North Avenue, Enola, Cumberland County, Pennsylvania 17025. 2. The defendant is Joseph Tavema, III, currently residing at 402 Market Street, Apartment B, Lemoyne, Cumberland County, Pennsylvania 17043. 3. The plaintiffseeks custody of the following child: Name Alexis Taverna Present Residence 25 E North Ave, Enola, PA 17025 The child, Alexis Taverna, was not born out of wedlock. Age 7/11/00 DOB, 3 years old. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Christina and Joseph Taverna, III Christina and Joseph Taverna, III Christina Taverna Christina Taverna Rita Matos (friend of mother) Serafim Matos (son ofRita Matos) Address 112 N. Front St., Wormleysburg, PA 10B Richland Ln., Apt 207, Camp Hill, PA 10B Richland Ln., Apt 207 Camp Hill, PA 10B Richland Ln., Apt 207, Camp Hill, PA Date Birth to 02/01 02/01 to 04/01 04/01 to 06/01 06/01 to 09/01 The child is presently in the custody of the mother, who resides at 25 East North Avenue, Enola, PA 17025. Christina Taverna 1 OB Richland Ln., Apt 207 09/01-10/01 Camp Hill, PA Christina Taverna Christina Taverna 3 Linn St., Apt 4 Harrisburg, PA 25 E. North Ave. Enola, PA 10/01-8/02 8/02-present The mother of the child is Christina Chittester, currently residing at 25 E. North Ave., Enola, PA 17025. She is divorced from Joseph Taverna, III and is presently single. The father of the child is Joseph Taverna, III, currently residing at 402 Market Streetm Apartment B, Lemoyne, Pennsylvania 17043. He is divorced from Christina Chittester and is presently single. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Alexis Tavema Daughter 5. The relationship of defendant to the child is that of father. The defendant currently resides at 402 Market Street, Apartment B, Lemoyne, Pennsylvania 17043. 6. The 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. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The 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 children. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to the following: a) The mother has provided for her emotional, physical, educational, and medical needs and she can continue to provide for the child. b) The mother has a stable job and can provide a stable home environment for the child. c) The mother has maintained the lines of communication with the father and encouraged the parent child relationship between the child and her father. d) The father has not acted in the best interest of the child in ways including but not limited to the following: i) The father's prior involvement with criminal activity prevented him from providing for the child's emotional and physical needs. ii) The father has not maintained steady employment for the past three (3) years and cannot provide financially for the child. iii) The father is currently trying to re-establish a residence and find employment, making it difficult to provide for the day-to-day needs of a child. 10. The mother requests that the court grant her primary physical and shared legal custody of the child. 11. 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. WHEREFORE, the plaintiff requests this Court to grant her primary physical and legal custody of the child. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, christina chittester, verifies that the statements made in the above complaint For custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.s. §4904, relating to unsworn falsification to authorities. christina Chit~ester CHRISTINA CHITTESTER, Plaintiff VS. JOSEPH TAVERNA, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Joseph Taverna, III with a Complaint For Custody on At~rll 12, 2004 by certified mail, return receipt, restricted delivery, to the person and address below: Joseph Taverna~ III 402 Market Street A~artment B Lemovne, Pennsylvania 17043 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service 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. Date: CHRISTINA C}II'['TESTER, Plaintiff JOSEPH TAVERNA, Ill, Defendant CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04- ['~i ~:' 1 CIVIL TE~M CUSTODY I)RAF~CIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, ( hristina Chittcster, Plaintiff, to proceed in fornm 1zatAperis. I, J_essica Diamondston~, attorney tut thc party proceeding in forma paupcri_5, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. _~5__~ "/' ~ ' ................... Jessida Diamondstone Attorney lbr Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 CHRISTINA CHITTESTER, Plaintiff VS. JOSEPH TAVERNA, III, Defendant : IN THE COURT' OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04- '~VIL TERM : : CUSTODY CUSTODY ORDER ANDNOW, this l~/~dayof ~¢~ I ,2004, the following Order is entered by consent of the parties with regard to custody of the parties' minor child, Alexis Taverna, born July 11, 2000: 1. Plaintiff, Christina Chittester, hereinafter referred to as the mother, and Defendant, Joseph Tavema, hereinafter referred to as the father, shall share legal custody of the child. 2. The mother shall have primary physical custody of the child. 3. The father shall enjoy periods of paxtial physical custody of the minor child as follows: a. On alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. b. Every Wednesday from 5:00 p.m. until 8:30 p.m. c. Father shall also have custody for an uninterrupted week in June, July and August. The time shall be arranged between the parties with father to give mother at least 30 days notice as to when he intends to exercise the summer vacation. d. Father shall also enjoy temporary custody at such times as the parties may agree. 4. The parties shall alternate major holidays to include New Years Day, Easter, Memorial Day, July 4, Labor Day and Thanksgiving. Father shall ]have New Years Day, Memorial Day and Labor Day and Mother shall have Easter, July 4 and Thanksgiving in even numbered years. The parties shall alternate those days in odd numbered years. 5. The Christmas holiday shall be divided into two segments, Segment One being from December 24 at noon until December 25 at noon, and Segment Two being from December 25 at noon until December 26 at noon. The parties shall alternate custody with the minor child on the two segments of Christmas, with the Father having the first segment and the mother having the second segment in 2004. 6. The mother shall have custody of the child on Mother's Day and the father shall have custody of the child on Father's Day. 7. The mother and father agree that each shall notify the other immediately of medical emergencies that arise while the child is in that parent's care. 8. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. 9. The parties may modify the schedule by mutual agreement. Absent an agreement, the custody schedule set forth above shall control. By the Court: This Order is entered pursuant to the consent of Plaintiff and Defendant: Christina Chittester J~septl~avema, III Jes~omey~ for ;laintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400