Loading...
HomeMy WebLinkAbout05-5794 1:\Client Directory\Tamanini~C\p]eadings\Complaint tor Custody.wpd November 3, 2005 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D, No, 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff CORNELIA M. T AMANINI, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO,6.S:....- S;I'NY C;uJ~~ FRANK P. T AMANINI, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY I. Plaintiff is Cornelia M. Tamanini, an adult individual residing at 328 South View Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Frank p, Tamanini, an adult individual residing at 521 Meadowcroft Circle, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks shared physical custody of the following children: Name Address Age Frank K. Tamanini 328 South View Drive Mechanicsburg, P A 17055 I2 Joseph M, Tamanini 328 South View Drive Mechanicsburg, PAl 7055 9 4. The children were not born out of wedlock. Frank and Joseph currently reside with both parties. 5. During the past five (5) years, the children have resided with the following I:\Chent Oirectory\Tamanini-c\pleadings\Complaint for Custody.wpd November 3, 2005 persons at the following address(es): A. FRANK K. T AMANINr Name Frank P. Tamanini and Cornelia M. Tamanini Cornelia M. Tamanini Frank P. Tamanini Frank p, Tamanini Address Dates 328 South View Drive 10/00 through 2/03 Mechanicsburg, Pennsylvania 17055 328 South View Drive 2/03 through present Mechanicsburg, Pennsylvania 17055 711 North Second Street, Apt. 9 2/03 through 5/05 Harrisburg, Pennsylvania 17102 521 Meadowcroft Circle 5/05 through present Mechanicsburg, Pennsylvania 17055 B. JOSEPH M. T AMANINl Name Frank P. Tamanini and Cornelia M. Tamanini Cornelia M. Tamanini frank P. Tamanini frank P. Tamanini Address Dates 328 South View Drive 10/00 through 2/03 Mechanicsburg, Pennsylvania 17055 328 South View Drive 2/03 through present Mechanicsburg, Pennsylvania 17055 711 North Second Street, Apt. 9 Harrisburg, Pennsylvania 17102 2/03 through 5/05 521 Meadowcroft Circle 5/05 through present Mechanicsburg, Pennsylvania 17055 6. The relationship of Plaintiff to the children is that of Mother, Plaintiff currently resides with the following persons: Name Frank K. Tamanini Relationship Son 1:\Client Directory\Tamanini.C\pleadings\Complaint for Custody.wpd November 3, 2005 Joseph M. Tamanini Son 7. The relationship of Defendant to the children is that of Father. Defendant currently resides with the following persons: Name Frank K. Tamanini Joseph M. Tamanini Relationship Son Son 8. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 9. Plantiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 10. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. II. The best interest and permanent welfare of the children will be served by granting the relief requested, 12. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as a party to this action. . I:\Ctient Directory\Tamanini.C\pteadings\Complaint for Custody.wpd November 3. 2005 WHEREFORE, Plaintiff requests the Court to grant her shared legal and shared physical custody of the two minor children. Date: \ \ ) '-\ \ 0-5 Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES By: tntbntC--? ~r MARIA P. COGNETT ESQUIRE Attorney I.D. No, 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff Is; , , VERIFICATION I, Cornelia M. Tamanini, hereby verifY and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S.A. 94904 relating to unsworn verification to authorities. C&L..J(C\lQ ~vlt(l0~ Cornelia M. Tamanini DATE: 11/4/ OS- I:\Client Directory\Tamanini~C\p]eadings\Complaint for Custody. wpd November 3, 2005 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certifY that on this date I served the foregoing Complaint for Custody by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Lori K. Serratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P,C, 2080 Linglestown Road Harrisburg, PA 17110-9445 Date: i \ \ Lj I 0 ~ By: MARIA P. COGNETTI & ASSOCIATES mtLnA-? (!~r' Is MARIA P. COGNETTI, SQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff :;c,; /.:) -6<l. ~ '- }i '- '- 0J ~ ....... () ~ ~ -J -() 0 (') '"'" \'l'- P- c:::> 0 (" c:::> -n V') <,M :;.i~ ..... ~ ,~ C" ~T.." ,.,J fl1F-= ..<....:; ,...~.. I r=; -.J , ',:) -0 ~ --'~ ;,:,':.r"i'i ':'? ,j 'l -3 P ,L- :;:J -, r0 .< CORNELIA M, TAMANINI PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 05-5794 CIVIL ACTION LAW FRANK p, TAMANINI IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, November 15, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueliue M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Couuty Courthouse, Carlisle on __T.~_u!:sda1'.' D~~~.'.l!.l>,~r 15, ~l!l!~,.... ... at 8:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to rcsolve thc issucs in dispute; or ifthis cannot be accomplished, to deline and narrow the issues to be heard by the court, and to cnter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference mav provide grounds for entry of a tcmporary 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: Isl facqueline M. Verney. Esq. ~ Custody Conciliator I'J The Court of Common Pleas of Cumberland County is required by law to comply with the Amcricans with Disabilitcs Act of 1990, For information about accessible facilities and reasonablc accommodations available to disahled individuals having business before the court, please contact our oftice, 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 HA VE 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 . ~ ~ ;p _~ ~ 41..J SO LIII '7~ ~:t fir" PiJ'14-, ,J LI 1/ ~ P 'J~u.v.f"l 5'701/ "I :,':', ILl 1 \ . I ~ 1 ',.,.J \~ CORNELIA M. T AMANINI, Plaintiff V. FRANKP. TAMANINI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2005-5794 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of February, 2006, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Conciliator y -., ......::.. "" = = 0" -., ,." OJ I W o " :.::;J [11P ~n~ SJ ~l~~ -,) -r.~' :3': "1 ~._. <c> 1') , -:'-j 'i::" :1] --< c:J CORNELIA M. TAMANINI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5794 FRANK P. T AMANINI, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULAiTION FOR CUSTODY l/\fI....... /-"/ AND NOW, this ,;) 7 day of eo,l/?;,it , 2006, the parties, having been advised of their rights by their respective counsel, and having the best interests of their minor children, Frank K. Tamanini, born June 2, 1993, and Joseph M. Tamanini, born June 26, 1996, in mind, do hereby agree and stipulate as follows: I. The parties agree to share legal custody of their minor children. All decisions effecting the children's growth and development including, but not limited to: choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis or like treatment; decisions relating to actual or potentiallitjgation involving the children, directly or as beneficiary, other than custody litigation; and, education, both secular and religious, shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. The parties shall share physical custody of the minor children on the following schedule: a. During the school year, the parties shall share physical custody of the children on an altemating week schedule with exchanges occurring every Sunday at 6 p.m. b. Mother and Father shall have custody of the children on alternating Wednesdays after school until school begins on Thursday morning. c. During the summer, the shared physical custody schedule shall continue except that Mothe~ shall have custody of the children if Father is at work and not able to have the children with him, and Mother is available. Similarly, Father shall have custody of the children if Mother is at work and not able to have the children with her, and Father is available, d. Mother shall have ~ustody ofthe children in all odd-numbered years from 6 p.m. on the day preceding Easter Sunday through 6 p,m. on Easter Sunday, with Father having said custody in all even-numbered years, e. Mother shall have ~ustody of the children in all even-numbered years from 6 p.m. on the day preceding Memorial Day through 6 p,m. on Memorial Day, with Father having said custody in all odd-numbered years. f. Mother shall have custody of the children in all odd-numbered years from 6 p,m. on July 3'd through 6 p.m. on July 4th, with Father having said custody in all even-numbered years. g, Mother shall have custody ofthe children in all even-numbered years from 6 p.m. on the day preceding Labor Day through 6 p,m. on Labor Day, with Father having said custody in all odd-numbered years. h. With regard to the 2005 Thanksgiving holiday, the parties have agreed that Mother shall have custody ofthe children from 1 p,m. on Wednesday, November 23'd until 1 p.m. on November 24th, Thanksgiving Day. Beginning in 2006, Father shall have custody of the children in all even- numbered years from 6 p.m. on the day preceding Thanksgiving Day through 6 p.m. on Thanksgiving Day, with Mother having said custody in all odd-numbered years. 1. With regard to the 2005 Christmas holiday, the Christmas holiday is defined as 12p.m, on December 24th through 3pm on January 1 'to The parties have agreed that Mother shall have custody of the children from 12 p.m, on December 24th, Christmas Eve, until 12 p.m. on December 25t", Christmas Day, and Father shall have custody of the children from 12 p.m. on Decernber 25th, Christmas Day, through 12 p,m, on December 28'h Mother shall then have custody of the children from 12 p.m. on December 28th through 3 p.m. on January 1 st. Beginning in 2006, the holiday shall be divided into two, twenty-four hour segments. Segment A shall be defmed as 12 p.m. on December 24t", Christmas Eve, through 12 p,m, on December 25'", Christmas Day, and Segment B shall be defined as 12 p.m, on December 25'", Christmas Day, through 12 p.m, on December 26th. In even years beginning in 2006, Father gets Segment A and Mother gets Segment B. In odd years, Mother gets Segment A and Father gets Segment B. The parties agree to equally share the remaining days of the children's Christmas Break. The parties further agree that as of 3 p.m, on January 1 ", the parties shall return to the regular custodial schedule, with Mother having custody of the children on January I't. J, The parties agree that the regular custodial schedule shall take priority over Martin Luther King Day weekend, President's Day weekend and Columbus Day weekend, and the party who is scheduled to have custody under the regular schedule will have custody during these holiday weekends. k. Mother shall have custody of the children each and every year on Mother's Day from 8 a.m, until 8 p.m, I. Father shall have custody of the children each and every year on Father's Day from 8 a.m, until 8 p.m. 3. The parties agree that each will be entitled to two (2) uninterrupted non- consecutive weeks of summer vacation with the children. Each party shall give the other at least thirty (30) days written notice ofhislher intended weeks of vacation, 4. The parties agree that the holiday schedule enumerated above takes precedence over the normal custody schedule. 5. The parties agree that if either party must be absent from the children during his/her custodial time for more than one (1) hour, the custodial party will call the non-custodial party to offer himlher custody during such time period, 6, The parties further agree that if the non-custodial party refuses to exercise custody during the custodial party's unavailability, the custodial party will make alternative child care arrangements so that the children are not left without supervision for longer than one (l) hour. 7. The parties agree that if either party relocates outside the Mechanicsburg School District, the moving party will provide the other party with at least sixty (60) days advance notice. 8. The parties may modify the schedule as set forth above as they may agree to be in the best interests oftheir minor children, and the parties should be flexible and accommodate reasonable requests for scheduled changes. 9. The parties stipulate that the party receiving custody of the children will be responsible to provide transportation for the exchange of custody, 10. The parties further agree that the non-custodial party at any given time will have reasonable ongoing telephone access to the minor children, and the minor children will not be precluded from telephoning the non-custodial party at reasonable times, Should the minor children be unavailable to receive a telephone call from the party, the custodial party will be responsible for assisting the children in returning the telephone call. II. Each party agrees to keep the other advised of a current address and telephone number. 12, Each party further agrees to promptly advise the other of any illness suffered or injury sustained by the children. 13. The parties agree that neither will conduct or permit arguments or heated conversations in the presence or hearing of the minor children. 14, The parties further agree that all communication concerning the children will occur between the parties, and that neither will use the children as messengers to convey information, ask questions or arrange schedule changes. I 15. The parties stipulate that neither will attempt or condone any attempt to directly or indirectly, by any artifice, or subterfuge whatsoever, to estrange the minor children from the other party, or to injure or impair the mutual love and affection of the minor children. At all times, each party agrees to encourage and foster in the minor children a sincere respect and affection for the other party, and will not hamper the natural development of the children's love and respect for the other party. 16. The parties acknowledge that this Stipulation is not the result of any duress or undue influence in that this Stipulation is being entered into freely and voluntarily after having received legal advice from their respective counsel. 17. The parties further agree that this Stipulation shall be entered as an Order of Court. As such, this Stipulation shall have the same force and effect as if this matter had been tried and decided, IS. This Stipulation and Order of Court shall replace and supercede any existing custody arrangements between the parties. 19. This Stipulation and Order of Court shall continue in full force and effect until further Order of Court or an amended agreement in writing between the parties, 20. The parties hereby waive their respective rights to present this agreement in open court or to have their case heard by the Court at this time, , . . IN WITNESS WHEREOF, the parties hereto have executed, sealed, and acknowledged this agreement on the day and year above-written. ~ ..L~. Lori me atelli, Esquire Counsel for Defendant _Gwb 1L<, ~ Cornelia M. Tamanini Plaintiff ~ - Frank P. Tamanini Defendant 7 , ..~ '1, ("'}- G' " .-C~ y RECEIVFfJ MAR 0 3 2CCB i MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D, No, 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 Attorneys for Plaintiff CORNELIA M. TAMANINI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5794 FRANKP. TAMANINI, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW. TO WIT, this oS ti dayof~(..,. L, , 2006, it is hereby ORDERED and DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court, /J/ {"j'" : r' \ 1 ,~"_' "-! u. ~~'~