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HomeMy WebLinkAbout10-1753t. f T J" irl? Y MICHAEL TAVERNA, Plaintiff VS. SUSAN TAVERNA, Defendant 2010 NAR I I Pf',°, I: 10 ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, MICHAEL TAVERNA, by his attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is MICHAEL TAVERNA, an adult individual who resides at 1112 Carrington Court East in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is SUSAN TAVERNA, an adult individual who resides at 115 B South 24th Street in Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are formerly husband and wife. 4. The Plaintiff and Defendant are the parents of one minor child, Stephanie E. Taverna, born 17 March 1994. 5. During the past five years, the child has resided with the Defendant at the Defendant's home in Camp Hill, Cumberland County, with the exception for the period between 22 February 2009 and 18 April 2009 during which the child resided with the Plaintiff. 6. The father of the child is the Plaintiff who resides at the address set out above. 7. The mother of the child is the Defendant who resides at the address set out above. 8. The Plaintiff is the natural father of the child. 9. The Defendant is the natural mother of the child. 10. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the child in this or any other court. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. A?Y g 70- Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said child. 11. Plaintiff seeks an award of shared legal custody of the child and believes such an award would be in her best interest for the following reasons: A. The Defendant has made arrangements for the child's treatment for various conditions, including treatment by a psychiatrist, without Plaintiff s knowledge or consent. B. The Defendant and the physicians treating the child have refused to provide Plaintiff with any information about the child's condition, treatment, or medications. C. Plaintiff believes that the child is currently receiving very serious medications without his consent or knowledge and he questions the benefit to the child of these medications. D. The Defendant has apparently arranged for the child to withdraw from attendance at the Camp Hill schools and be enrolled in a "home bound education program" operated by the school district, without the consent or knowledge of Plaintiff and without any explanation to him for this program or the necessity of it. E. Plaintiff believes that it is critical to the proper care of the child that both parents be involved in making decisions which are crucial to her development and her future. 12. Plaintiff seeks an award of temporary custody of the child and believes such an award would be in her best interest for the following reasons: A. In the past, Plaintiff has enjoyed a good relationship with the child. B. Plaintiff believes that the child's problems in school and otherwise are problems that he could help her address if he can reestablish a normal parent- relationship with his daughter. C. He loves his daughter and wants to have a reasonably comfortable relationship with her and believes the only way to do that is for him to have contact and time with her. 13. 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, Plaintiff prays this court to award the parties shared legal custody of the child and to award him such periods of temporary custody as will enable him to reestablish and maintain a close parent-child relationship with Stephanie. Samuel L. An s Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 w I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: 3 MICHAEL TAVERNA MICHAEL TAVERNA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SUSAN TAVERNA DEFENDANT 2010-1753 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, ----Tuesday, March 16, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 13, 2010 at 1:30 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 entrv 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 hearinL. FORT HE COURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disahilites 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 FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 "Telephone (71 7) 249-3166 /J C-b C-e- le8 L-C)