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HomeMy WebLinkAbout09-4982RTILMCbents\13426 Avery\] 3426.1.petition/tde Revised: 7/20/09 10:09AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Michael Avery MICHAEL D. AVERY Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. "9- J ?a C a?niC-ia CIVIL ACTION - LAW MAYLING BITTNER, Defendant. : IN PATERNITY COMPLAINT FOR PATERNITY TESTING AND NOW, comes the Plaintiff, Michael D. Avery, by and through his attorneys, MARTSON LAW OFFICES, and files this Complaint as follows: 1. Plaintiff is Michael D. Avery, an adult individual with an address of 2509 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Mayling Bittner, an adult individual with an address of 39 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17015. 3. Defendant is the mother of Lorraine Avery, born October 20, 1994. 4. The above-named child resides at the following address with the following individuals: Address Persons Living with Child Relationship to Child 39 Regency Woods N. Mayling Bittner Mother Carlisle, PA 17013 Lauren Bittner Half sister Elizabeth Bittner Half sister 4 grandchildren of Mayling Bittner 5. Defendant was not married at the time the child was conceived or born. 6. Defendant is not now married. 7. Plaintiffhad a vasectomy in the 1980s and has recently confirmed with his doctor that he is sterile. 8. Plaintiff believes that Defendant was unfaithful to him during their relationship. 9. Plaintiff requests that a paternity test be ordered for personal reasons, including rights of inheritance and any moral financial obligations, outside of court-ordered child support. 10. Plaintiff acknowledges that the results of the paternity test would have no bearing on his current child support obligation. 11. There is not a custody, support or other action involving the paternity of the above- named child now pending in any jurisdiction. 12. There has been a determination by the court as to the paternity of the child in a prior support, custody, divorce or any other action. Support: Mayling Bittner v. Michael Averv, PACSES 146101936, Cumberland County, No. 65 S 2000 - Acknowledgement of Paternity signed. Custody: Michael Avery v. MUling_Avery, Cumberland County C.C.P. No. 97-4160. 13. Plaintiff agrees to pay all costs associated with genetic testing directly to the testing facility in accordance with the procedures established by that facility. 14. Plaintiff, who is currently unrepresented by counsel, has been informed of the filing of this Petition and does not concur with the request for a paternity test. WHEREFORE, Plaintiff requests that the court order Defendant to submit to genetic testing and to make the child available for genetic testing. MARTSON LAW OFFICES By fenniflr . Spears, Esquire; 10 East igh Street Carlisle, PA 17013 (717) 243-3341 Date: - 2 ` O Attorneys for Plaintiff, Michael Avery VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Michael D. Avery CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Mayling Bittner 39 Regency Woods North Carlisle, PA 17015 MARTSON LAW OFFICES ../ X01 y TrJ' D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: o??? aU0 FILED-4-a-'=ICE OF THE PRO-r'ONOTARY 2009 JUL 23 Ark 8: 22 cum NfT'v `(L't Ar 'Il l( ???s() fd- ,-ff1 a a?33? MICHAEL D. AVERY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MAYLING BITTNER, DEFENDANT 09-4982 CIVIL TERM ORDER OF COURT AND NOW, this ?-? day of July, 2009, the request for the entry of a Rule to show cause with a hearing on the "Complaint for paternity testing" in which it is averred that Mayling Bittner does not concur with the request for paternity testing, IS DENIED AT THIS TIME. 1 By the Jennifer L. Spears, Esquire Fo Michael D. Avery Mayling Bittner, Pro se 39 Regency Woods North Carlisle, PA 17015 :sal ( Cow t.Cs rn. a L L 7Aq/oar ' This court does not believe that there is a cause of action on a "complaint for paternity testing" for the purpose of "personal reasons, including rights of inheritance and any moral financial obligations, outside of court-ordered child support." If Michael D. Avery provides the court with a statement of authority we will reconsider entertaining the entry of a Rule to show cause and a setting of a hearing date. !L .. _ ; ?; Z 9 N