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HomeMy WebLinkAbout09-5559DOUGLAS TAYLOR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law : No. &44- 5559 AMBER DIROCCO, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Douglas Taylor, by and through his counsel, Michael J. Whare, Esquire and avers as follows: 1. Plaintiff is Douglas Taylor, who currently resides at 107 Spruce Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Amber DiRocco, who currently resides at 4189 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks shared physical custody of Name Primary Residence DOB Felicity Taylor 4189 Kittatinny Drive 1-23-03 Mechanicsburg, PA 17050 The child was not born out of wedlock. The child is presently in the custody of mother, who resides at 4189 Kittatinny Drive , Mechanicsburg, Cumberland County, Pennsylvania 17050. Since birth, the child has resided with the following persons at the following addresses: Name Addresses Dates Mother and Father 420 S. Hanover St. Birth- July 2003 Carlisle, PA 17013 Mother and Father 425 N. Hanover St. July 2003-2004 Mother Camp Hill, PA 2004-2006 Mother and Phil Shatto 4189 Kittatinny Drive 2006- Present Mechanicsburg, PA 17050 The mother of the child is Amber DiRocco, who resides at 4189 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. She is married. The father of the child is Douglas Taylor, who resides at 107 Spruce Avenue, Carlisle, Cumberland County, Pennsylvania 17013. He is married. 4. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: Name Relationship Gayle Taylor Wife Allison Neil Stepdaughter Cameron Hande Stepdaughter Matteo Taylor Son 5. The relationship of the Defendant to the child is that of natural Mother. The Defendant currently resides with the following persons: Name Phil Shatto Felicity Taylor Relationship Husband Daughter 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. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has 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(s) Address Basis of Claim None 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) A Court Order of custody and structured visitation is desired so that Plaintiff and child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. b) A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant his Complaint for shared physical custody of the child. Respectfully submitted, Date: ??lD-0 q Michael I Whar , Esquire 3 7 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff DOUGLAS TAYLOR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. AMBER DIROCCO, Defendant IN CUSTODY ATTORNEY VERIFICATION I, Michael J. Whare, Esq., 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 unworn falsification to authorities. Date: 9-10-04) Michael J. Whare, sq. 7` r kM?y r-'j'F il? ^ ly GUFV'_ i ? l-. _ '.1 DOUGLAS TAYLOR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-5559 CIVIL ACTION LAW AMBER DIROCCO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 12, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 18, 2009 at 1:00 PM 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. 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/ john . Man an r. Es q. Custody Conciliator lyl 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 !'., ? ?t ?'? {, ? t G,J?_ t -i.? i ?: _,:, ?= ?, .? SEP 2 2 2009 DOUGLAS TAYLOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-5559 CIVIL ACTION LAW AMBER DIROCCO, IN CUSTODY Defendant ORDER OF COURT AND NOW this 2 ? t? day of September 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Douglas Taylor, and the Mother, Amber DiRocco, shall have shared legal custody of Felicity Taylor, born 01/23/2003. The parties shall have an equal right 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 23 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 primary physical custody of the Child subject to Father's physical custody on a repeating four week schedule as follows: a. In week one, commencing Friday 09/25/09, Father shall have physical custody of Felicity from Friday after school (or 5:00 pm in the absence of agreement at Mother's residence) until Monday morning. Father, through his appropriate licensed representative, shall provide the transportation picking Felicity up Friday and taking Felicity to school Monday morning. b. In week three, commencing 10/09/2009, Father shall have physical custody of Felicity from Friday after school (or 5:00 pm in the absence of agreement at Mother's residence) until Sunday evening at 7:00 pm. Father, through his appropriate licensed representative, shall pick Felicity up Friday and Mother and Father shall meet at the Sheetz convenience store in Mechanicsburg on Sunday. (It is understood that Felicity does not have school on Monday 10/12/2009, therefore Father may retain custody of Felicity for this weekend until Monday evening 7:00 pm. The parents shall meet at the Sheetz convenience store in Mechanicsburg at 7:00 pm). C. Father shall have physical custody of Felicity every Thursday from after school (or 5:00 pm in the absence of agreement at Mother's residence) until approximately 8:00 pm. Father, through his appropriate licensed representative, shall pick Felicity up from school (or Mother's residence) and Mother shall pick Felicity up from cheerleading practice after it is finished.) d. Father shall have physical custody of the Child at such other times as the parries may mutually agree. 6 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the absence of agreement, the parties shall establish a holiday schedule at the status conference with the assigned conciliator. 5. Vacation: Vacation rights may be established at the status conference with the assigned conciliator. 6. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. A status conference is hereby scheduled for November 19, 2009 at 9.00 am with the assigned conciliator at the Court of Common Pleas. Carlisle PA 17013 11. This Order is entered pursuant to 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. istribution: Jae Adams, Esq. ? ichael Whare, Esq. ? John J. Mangan, Esq. C?/ l? DOUGLAS TAYLOR, Plaintiff V. AMBER DIROCCO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5559 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Felicity Taylor 01/23/2003 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 18, 2009 with the following individuals in attendance: The Mother, Amber DiRocco, with her counsel, Jane Adams, Esq. The Father, Douglas Taylor, with his counsel, Michael Whare, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Z Date John J. ,Esquire Custo C ciliator F3ih! . r)TARY 2009 Sfl P 25 Fj: i : S J