HomeMy WebLinkAbout00-06047
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JOHN CHRISTOPHER, III,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO.00-6047 CIVIL TERM
REBEKAH S. CHRISTOPHER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ~' day of +.......w- ,2001, upon
consideration of the attached Custody Conciliation Report it is ordered and directed as follows:
A Hearing is scheduled in Court Room No. .cf
, of the Cumberland County Court
House on the
;% day of
f'),.h k'7
,2001, at q; 3D
o'clock, 1. M., at which time testimony will be taken. For purposes of the Hearing, the
Mother, Rebekah S. Christopher, shall be deemed to be the moving party and shall proceed
initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who are expected to
testify at the Hearing" and a summary of the anticipated testimony of each witness. These
Memoranda shall be filed at least ten (10) days prior to the Hearing date.
BY THE COURT,
cc: Samuel L. Andes, Esquire - Counsel for Father
Marcus A.. McKnight, III, Esquire - Counsel for Mo
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JOHN CHRISTOPHER, III,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-6047 CIVIL TERM
REBEKAH S. CHRISTOPHER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
PRIOR JUDGE: Kevin A. Hess
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is
as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Alexandria R. Christopher
Adrienne D. Christopher
John Christopher, IV
July 26, 1995
November 25, 1996
November 24, 1997
Father
Father
Father
2. A Conciliation Conference was held on August 21, 2001 in which the Father's counsel,
Samuel L. Andes, Esquire and the Mother's counsel, Marcus J. McKnight, III, Esquire participated.
3. The most recent Order entered by this Court in this matter was dated January 31,2001,
under which the Father has primary physical custody of the Children and the Mother has partial
physical custody on alternating weekends and an overnight period each week. The Mother filed
Petitions for Special Relief and Modification of the existing Order based on the fact that she has been
denied all partial custody with the Children (not disputed) since the end of April, 2001.
It became clear from counsels' statements early in the Conference that it will be necessary to
schedule a Hearing in this matter. The Conciliator contacted the Court Administrator's office
immediately following the Conference to request an expedited Hearing, both as to interim custody
arrangements and resolution of the Mother's Petitions as the Mother has had no contact with the
Children since April.
4. The Father's position on custody is as follows: The Father acknowledged, through counsel,
that he suspended the Mother's partial custody with the Children as of early May 2001 until such time
as the parties had resolved the Father's concerns regarding the safety of the Children. The Father's
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concerns arose from the reported murder of a man (with whom the Father alleges the Mother was
living at least on a partial basis) in the Mother's vehicle at the end of April 2001 and the subsequent
and ongoing drug related investigation. The Father expressed concern that the Mother had been
associating with an individual who was engaged in drug trafficking and claimed that the Mother had
been taking the Children to the murder victim's apartment thereby exposing the Children to potentially
serious risk. Although the Mother now resides in Perry County with her Mother, the Father believes
the Mother herself may be in danger due to her association with the murder victim. The Father's
counsel stated that the Father will only permit contact between the Mother and the Children in an
institutional setting, such as the Y.M.C.A., for the protection of the Children.
5. The Mother's position on custody is as follows: The Mother does not dispute that there is
an ongoing investigation concerning the death of an individual who was found in the Mother's car.
However, the Mother objects to the Father's conduct in unilaterally terminating her custody rights
without following the required legal procedures. The Mother's counsel argued that the Mother is no
longer living in Harrisburg but is currently residing with her mother in Perry County. The Mother
proposed that she have periods of custody at either her mother's home in Perry County or her
grandparent's home in Carlisle. On an interim basis, the Mother would agree to remain at her mother's
or grandparent's home with the Children during her periods of custody to satisfy the Father's concerns
regarding safety. The Mother denies the Father's allegations with respect to the Children's exposure to
harm and requests that the current Order granting her partial custody be enforced. As she has not seen
the Children since the end of April, the Mother seeks an expedited Hearing on her Petition.
6. The Conciliator recommends an Order in the form as attached scheduling a Hearing. It
appears that, from the serious nature of the allegations and the Father's refusal to allow contact
between the Mother and the Children outside of an institutional setting without a Court Order, it will
be necessary for the Court to resolve both the issues conceming interim arrangements and ongoing
custody arrangements by Hearing. As the Father's counsel indicated that he expects to present the
testimony of officials involved in the murder investigation at Hearing, it is anticipated that the Hearing
will require at least one full day.
A~I- d iz ;:}oOI
Date
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Dawn S. Sunday, EsqUIre
Custody Conciliator
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JOHN CHRISTOPHER, III,
Plaintiff /Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CML ACTION - LAW
2000-6047 CIVIL TERM
REBEKAH S. CHRISTOPHER,
Defendant/Petitioner
IN CUSTODY
ORDER OF COURT
AND NOW, this /q1i/ day of j,pkA>?&/L' 2001, upon consideration of the attached
Petition for Special Relief,
IT IS HEREBY ORDERED that a hearing regarding this Petition for Special Relief is
hereby scheduled for ~ :; ,2001, aU~o'clock t9 .m. in Courtroom Number ~ ,
Cumberland County Courthouse, Carlisle, Pennsylvania 17013 at which time the parties along
with their legal counsel shall appear in person. Pending said hearing, the terms of the Order of
Court dated January 31, 2001, will be obeyed by the parties.
BY THE COURT,
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JOHN CHRISTOPHER, III,
Plaintiff
CIVIL ACTION - LA~ ~
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COMPLAINT IN CUSTODY ~~C -co
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AND NOW comes the Plaintiff, JOHN CHRISTOPHER, III, by his att!~~, jw~L.
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Andes, and makes the following Complaint for Custody:
REBEKAH S. CHRISTOPHER,
Defendant
:, 1. The Plaintiff is JOHN CHRISTOPHER, III, an adult individual who resides at 215
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:i West North Street in Carlisle, Cumberland County, Pennsylvania.
II 2. The Defendant is REBEKAH S. CHRISTOPHER, an adult individual whose precise
II address is not known with certainty to the Plaintiff but her last known address was 1823
Pearl Street in Alameda, California, 94501.
3. The parties are formerly husband and wife.
4. The Plaintiff and Defendant are the parents of four minor children:
Alleshia Y.M. Christopher, born 12 February 1992;
Alexandria R. Christopher, born 26 July 1995;
Adrienne D. Christopher, born 25 November 1996; and
John Christopher, IV, born 24 November 1997.
The oldest child, Alleshia Y.M. Christopher is not the subject of this litigation. That child
resides in the custody of Plaintiff's mother pursuant to an order of this court entered on 21
June 2000 to an action filed to No. 00-2414 Civil Term. The other three children currently
reside with the Plaintiff and they are the subject of this litigation.
,
JOHN CHRISTOPHER, III,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
REBEKAH S. CHRISTOPHER,
Defendant
CIVIL ACTION - LAW _
NO. IZJ- /;0'/7 Cu,u/
ORDER
AND NOW this I ~ day of .J:c,Afevo4cr , 2000, upon consideration
of the attached Complaint in Custody, the Plaintiff, John Christopher, III, is hereby awarded
legal and physical custody of the parties three minor children, Alexandria R. Christopher,
born July 26, 1995, Adrienne D. Christopher, born 25 November 1996 and John
Christopher, IV, born November 24, 1997, pending further order of this court. Further
proceedings are hereby referred to the conciliator.
BY THE cou; 1
J.
Distribution: ~
Samuel L. Andes, Esquire (Attorney for Plaintiff) [\ ~
525 North 12th Street, Lemoyne, Pa 17043 ~ ',; :-'~~
Rebekah S. Christopher (Plaintiff) << _,'
1823 Pearl Street, Alameda, CA 94501
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JOHN CHRISTOPHER, III,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
III
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II
I REBEKAH S. CHRISTOPHER,
! Defendant
vs.
CIVIL ACTION - LAW
NO.
ORDER OF COURT
AND NOW, this
day of
, 2000, upon
consideration of the attached Complaint, it is hereby directed that the parties and their
respective counsel appear before , Esquire, the
conciliator at
, Pennsylvania, on
the
day of
, 2000, at
0' clock
.m.,
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 hard by the court, and to enter into a temporary order. Either party may bring
the child who is the subject of this custody action to the conference, but the chid's
attendance is not mandatory. Failure to appear at the conference may provide grounds for
entry of a temporary or permanent order.
BY THE COURT,
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER 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
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
II
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JOHN CHRISTOPHER, III,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
REBEKAH S. CHRISTOPHER,
Defendant
NO.
COMPLAINT IN CUSTODY
AND NOW comes the Plaintiff, JOHN CHRISTOPHER, III, by his attorney, Samuel L.
Andes, and makes the following Complaint for Custody:
1. The Plaintiff is JOHN CHRISTOPHER, III, an adult individual who resides at 215
West North Street in Carlisle, Cumberland County, Pennsylvania.
2. The Defendant is REBEKAH S. CHRISTOPHER, an adult individual whose precise
address is not known with certainty to the Plaintiff but her last known address was 1823
Pearl Street in Alameda, California, 94501.
3. The parties are formerly husband and wife.
4. The Plaintiff and Defendant are the parents of four minor children:
Alleshia Y.M. Christopher, born 12 February 1992;
Alexandria R. Christopher, born 26 July 1995;
Adrienne D. Christopher, born 25 November 1996; and
John Christopher, IV, born 24 November 1997.
The oldest child, Alleshia Y.M. Christopher is not the subject of this litigation. That child
I resides in the custody of Plaintiff's mother pursuant to an order of this court entered on 21
June 2000 to an action filed to No. 00-2414 Civil Term. The other three children currently
reside with the Plaintiff and they are the subject of this litigation.
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5. Plaintiff seeks custody of the said minor children, Alexandria R. Christopher,
Adrienne D. Christopher and John Christopher, IV.
6. The children were not born out of wedlock and are presently in the custody of the
Plaintiff .
7. During the past five years, the three children who are the subject of this action
have resided with the following persons at the following addresses:
1/1995 to 3/1997
Carlisle, PA Plaintiff & Defendant
3/1997 to 10/1997
Greensboro, NC Plaintiff & Defendant
10/1997 to 3/1999
Carlisle, PA Plaintiff & Defendant
3/1999 to 5/2000
Carlisle, PA primarily with Plaintiff but also
with Defendant for periods of
temporary custody
5/2000 to present
Carlisle, PA Plaintiff only
8. The father of the children is the Plaintiff who resides at the address set out
above.
9. The mother of the children is the Defendant who resides at the address set out
above.
10. The Plaintiff is the natural father of the children. Plaintiff currently resides with
his present Wife, Jennifer J. Christopher, age 27, the three children who are the subject of
this litigation, his wife's daughter by another marriage, Joyonna Pope, age 2 and, on a part
time basis, with his wife's son, Nikolas Zulli, age 6.
11. The Defendant is the natural mother of the children. Defendant's precise living
arrangements are not known but Plaintiff believes that Defendant is currently residing with a
man who has a criminal record for violent criminal conduct and whose presence in
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Defendant's home represents a risk of harm to the parties' minor children if the children are
with the Defendant.
12. The Plaintiff has not participated as a party or in any other way in any litigation
concerning the custody of the children in this or any other court.
The Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this or any other jurisdiction.
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 children.
13. The best interests and permanent welfare of the children will be served by
granting the relief requested by Plaintiff for the following reasons:
A. Plaintiff is the parent better able to provide for the needs of the
children and to provide them stability and security; and
B. Defendant dropped the children off at Plaintiff's home and left them
in his custody without adequate notice in May of 2000; and
C. Except for one occasion when she returned to Carlisle and attempted
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to abduct the children from Plaintiff, Defendant has had no contact with the
children since May of 2000 and has not disclosed her address or whereabouts
to Plaintiff or to the children since May of 2000; and
D. Plaintiff has made clear her intentions to take the children from
Plaintiff and conceal them from him, thereby disrupting their lives and
endangering their well being.
E. Plaintiff believes that, if this court does not enter an emergency order
granting him legal and physical custody of the children, Defendant may abduct
them and conceal them from him and from this court.
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14. Each parent whose parental rights to the children have not been terminated and
the person who has physical custody of the children have been named as parties to this
action.
WHEREFORE, Plaintiff prays this court to take the following actions:
A. Award Plaintiff temporary, legal and physical custody of the children
on an emergency basis pending further order of this court; and
B. Refer this matter to the conciliator for further proceedings as
necessary.
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Samu L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
II
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COMMONWEALTH OF PENNSYLVANIA )
( 55.:
COUNTY OF CUMBERLAND )
JOHN CHRISTOPHER, III, being duly sworn according to law, deposes and says that
the facts set forth in the foregoing Complaint for Custody are true and correct to the best of
his knowledge, information, and belief.
~Jlr,.2 ~J"~,,,g;?
J HN CH~TOPHE ,III
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I Sworn to and sub~ribed
before me thisJ'?'llclay
,I Of~ ,2000.
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,I Notar Public.
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JOHN CHRISTOPER, III
PLAINTIFF
V.
REBEKAH S. CHRISTOPHER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
00-6047 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 9th day of November, 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on the 28thdayof November ,2000, at ~OO p.m.
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. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: Isl
Dawn S. Sunda Es
Custody Conciliator
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 lHIS PAPER TO YOUR ATIORNEY 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOHN CHRISTOPHER, III,
Plaintiff
:
.
.
v.
No. 2000 - 6047 Civil Ter.m
REBEKAH S. CHRISTOPHER,
Defendant
.
.
.
.
IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is
hereby directed that the parties and their respective counsel
appear before , the Conciliator, at
on the day
of , 2000, at ___.m., 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.
BY THE COURT:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER 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
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by
law to comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable
accommodations available to disabled individuals having business
before the Court, please contact the office set forth above. 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.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOHN CHRISTOPHER, III,
Plaintiff
.
.
v.
REBEKAH S. CHRISTOPHER,
Defendant
No. 2000 - 6047 civil Term
.
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IN CUSTODY
PETITION FOR CUSTODY CONCILIATION CONFERENCE
NOW COMES, REBEKAH S. CHRISTOPHER, Defendant, by and through
her attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and
avers as follows:
1. Defendant is REBEKAH S. CHRISTOPHER who resides at 744
West Penn Street, Carlisle, Cumberland County, Pennsylvania.
2. Plaintiff is JOHN CHRISTOPHER, III who resides at 215
West North Street, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are the parents of four (4)
minor children, three (3) of whom are involved in this action. The
children are ALEXANDRIA R. CHRISTOPHER, born July 26, 1995;
ADRIENNE D. CHRISTOPHER, born November 25, 1996; and JOHN
CHRISTOPHER, IV, born November 24, 1997.
4. Plaintiff filed a Complaint for Custody docketed to the
above number. An Order was entered pursuant to this Complaint on
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September 1, 2000 granting legal and physical custody of the minor
children to Plaintiff, pending further Order of Court. (a copy of
this Complaint and the Order are attached hereto, incorporated by
reference herein and marked as Exhibit "A").
5. Plaintiff has not permitted Defendant to have contact
with her children since June 1, 2000, despite her repeated attempts
to see them.
6.
Defendant seeks shared legal and partial physical
custody of her minor children, and requests an expedited Custody
Conciliation to address the custody matter.
WHEREFORE, Defendant, through her counsel, requests a Custody
conciliation Conference be scheduled.
Respectfully submitted:
By:
~~)~
Legal Services, Inc.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
Attorney I.D. #61900
Attorney for Defendant
cdl'
VERIFICATION
I, the undersigned, do hereby verify that the statements made
in the foregoing instrument are true and correct to the best of my
knowledge, information and belief. I understand that statements
herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn
ritiry
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II JOHN CHRISTOPHER, Ill,
iI Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
REBEKAH S. CHRISTOPHER,
Defendant
CIVIL ACTION - LAW
NO. tlJ-ldJil7 ~;j
1st doy of :~"J".J
of the attached Complaint in Custody, the Plaintiff, John Christopher, Ill, is hereby awarded
AND NOW this
, 2000, upon consideration
legal and physical custody of the parties three minor children, Alexandria R. Christopher,
born July 26, 1995, Adrienne D. Christopher, born 25 November 1996 and John
Christopher, IV, born November 24, 1997, pending further order of this court. Further
prQceedings are hereby referred to the conciliator.
-,
BY THE COURT,
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J.
Distribution:
Samuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 12th Street, Lemoyne, Pa 17043
Rebekah S. Christopher (Plaintiff)
1823 Pearl Street, Alameda, CA 94501
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JOHN CHRISTOPHER, III,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
REBEKAH S. CHRISTOPHER,
Defendant
NO.
COMPLAINT IN CUSTODY
AND NOW comes the Plaintiff, JOHN CHRISTOPHER, III, by his attorney, Samuell.
Andes, and makes the following Complaint for Custody:
1. The Plaintiff is JOHN CHRISTOPHER, III, an adult individual who resides at 215
West North Street in Carlisle, Cumberland County, Pennsylvania.
2. The Defendant is REBEKAH S. CHRISTOPHER, an adult individual whose precise
address is not known with certainty to the Plaintiff but her last known address was 1823
Pearl Street in Alameda, California, 94501.
3. The parties are formerly husband and wife.
4. The Plaintiff and Defendant are the parents of four minor children:
Alleshia Y.M. Christopher, born 12 February 1992;
Alexandria R. Christopher, born 26 July 1995;
Adrienne D. Christopher, born 25 November 1996; and
John Christopher, IV, born 24 November 1997.
The oldest child, Alleshia Y.M. Christopher is not the subject of this litigation. That child
resides in the custody of Plaintiff's mother pursuant to an order of this court entered on 21
June 2000 to an action filed to No. 00-2414 Civil Term. The other three children currently
reside with the Plaintiff and they are the subject of this litigation.
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5. Plaintiff seeks custody of the said minor children, Alexandria R. Christopher,
Adrienne D. Christopher and John Christopher, IV.
6. The children were not born out of wedlock and are presently in the custody of the
Plaintiff .
7. During the past five years, the three children who are the subject of this action
have resided with the following persons at the following addresses:
1/1995 to 3/1997
Carlisle, PA Plaintiff & Defendant
3/1997 to 10/1997
Greensboro, NC Plaintiff & Defendant
10/1997 to 3/1999
Carlisle, PA Plaintiff & Defendant
3/1999 to 5/2000
Carlisle, PA primarily with Plaintiff but also
with Defendant for periods of
temporary custody
5/2000 to present
Carlisle, PA Plaintiff only
8. The father of the children is the Plaintiff who resides at the address set out
above.
9. The mother of the children is the Defendant who resides at the address set out
above.
10. The Plaintiff is the natural father of the children. Plaintiff currently resides with
his present Wife, Jennifer J. Christopher, age 27, the three children who are the subject of
this litigation, his wife's daughter by another marriage, Joyonna Pope, age 2 and, on a part
time basis, with his wife's son, Nikolas Zulli, age 6.
11. The Defendant is the natural mother of the children. Defendant's precise living
arrangements are not known but Plaintiff believes that Defendant is currently residing with a
man who has a criminal record for violent criminal conduct and whose presence in
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12. The Plaintiff has not participated as a party or in any other way in any litigation
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concerning the custody of the children in this or any other court.
The Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this or any other jurisdiction.
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 children.
13. The best interests and permanent welfare of the children will be served by
granting the relief requested by Plaintiff for the following reasons:
A. Plaintiff is the parent better able to provide for the needs of the
children and to provide them stability and security; and
B. Defendant dropped the children off at Plaintiff's home and left them
in his custody without adequate notice in May of 2000; and
C. Except for one occasion when she returned to Carlisle and attempted
to abduct the children from Plaintiff, Defendant has had no contact with the
children since May of 2000 and has not disclosed her address or whereabouts
to Plaintiff or to the children since May of 2000; and
D. Plaintiff has made clear her intentions to take the children from
Plaintiff and conceal them from him, thereby disrupting their lives and
endangering their well being.
E. Plaintiff believes that, if this court does not enter an emergency order
granting him legal and physical custody of the children, Defendant may abduct
them and conceal them from him and from this court.
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14. Each parent whose parental rights to the children have not been terminated and
WHEREFORE, Plaintiff prays this court to take the following actions:
A. Award Plaintiff temporary, legal and physical custody of the children
on an emergency basis pending further order of this court; and
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B. Refer this matter to the conciliator for further proceedings as
necessary.
a-~
Samue L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 1 Z'h Street
Lemoyne, Pa 17043
(717) 761-5361
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:\ JOHN CHRISTOPHER, III, being duly Sworn according to law, deposes and says that
;1 the facts set forth in the foregoing Complaint for Custody are true and correct to the best of
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOHN CHRISTOPHER, III,
Plaintiff
:
v.
REBEKAH S. CHRISTOPHER,
Defendant
No. 2000 - 6047 Civil Term
IN CUSTODY
CERTIFICATE OF SERVICE
I, Maryann Murphy, Esquire, do hereby certify that on the
day of
, 2000 I served a true and correct copy
of the foregoing petition on counsel for the Plaintiff, Samuel L.
Andes, Esquire, at the address set forth below, by placing a copy
of same in the United States Mail, first class, postage prepaid.
Samuel L. Andes, Esquire
525 North Twelfth Street
Lemoyne, PA 17043
Respectfully submitted,
Maryann Murphy,
Legal Services,
8 Irvine Row
Carlisle, PA 17013
(717) 540-8600
LD. # 61900
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JOHN CHRISTOPHER, III,
Plaintiff
:
IN THE <XlORT OF CDMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
vs.
: NO. 00-6047 CIVIL TERM
:
REBEKAH S. CHRISTOPHER,
Defendant
.
.
CIVIL ACTION - LAW
IN CUSTODY
:
aIDER OF COURT
AND NCIiI, this ~.
consideration of the attached
and directed as follows:
day of )'LL I.., , 2000, upon
CUstody Conciliation Report, it is ordered
1. The Father, John Christopher, III, shall have primary
physical custody of Alexandria R. Christopher, bom July 26, 1995, Adrienne
D. Christopher, bom November 25, 1996, and John Christopher IV, bom
November 24, 1997.
2. The Mother, Rebekah S. Christopher, shall have supervised
pedods of custody with the Children on altemating Saturdays, beginning
December 2, 2000, from 10:00 a.m. until 4:00 p.m. and on every Monday and
Wednesday fran 5:00 p.m. until 8:00 p.m. The parties agree that the
supervision required by this Order shall be provided by the Mother's
sister, Rachel Staub. For purposes of this Order, the requirement of
supervision shall mean that all exchanges of custody shall take place at
Rachel Staub's residence and, if the Mother intends to remove the Children
from Ms. Staub's presence, the Mother shall ensure that Ms. Staub is aware
of the Mother's whereabouts with the Children and the planned time of
return to Ms. Staub's residence. The Mother shall also check in
periodically with Ms. Staub to advise of any change in plans. The parties
acknowledge that the purpose of the supervision requirement is to ensure
that the Mother's compliance with the custody schedule is monitored on an
ongoing basis by a responsible adult selected by agreement of the parties.
3. OVer the Christmas holiday in 2000, the Mother shall have
periods of supervised custody with the Children on Christmas Eve from 12:00
noon until 6:00 p.m. and on Christmas Day fran 5:00 p.m. until 8:00 p.m.
4. The parties shall cooperate in making any necessary
adjustments to the custody schedule to accommodate Rachel Staub's work and
personal schedule in order to ensure her availability for supervision.
5. The Mother shall not remove the Children fran Cumberland
county unless Rachel Staub is present at all times.
6. Each party shall notify the other of any medical problems,
illnesses or injuries involving the Children during his or her periodS of
cU$tody.
7. Neither party shall do or say anything which may estrange
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the Children from the other parent, injure the op1mon of the Children as
to the other parent, or hamper the free and natural development of the
Children's love and respect for the other parent. Both parties shall take
all reasonable steps to ensure that third parties having contact with the
Children comply with this provision.
8. The parties and their counsel shall attend a second
Conciliation COnference in the office of the COnciliator, Dawn S. Sunday,
on February 15, 2001 at 11:00 a.m. for the purpose of reviewing the custody
arrangements and determining whether there is a continuing need for
supervision.
9. This order is entered pursuant to an agreement of the
parties at 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.
BY THE COURT,
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cc: Samuel L. Andes, Esquire - Counsel for Father
Maryann Murphy, Esquire - Counsel for Mother
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JOHN CIlRISTOPHER, III, : IN THE OOURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. : NO. 00-6047 CIVIL TERM
:
REBEKAIl S. CHRISTOPHER, . CIVIL ACTION - LAW
.
Defendant . IN CUSTODY
.
PRIOR JUDGE: Kevin A. Hess
CUSTODY cnlCILIATICI!iI SUMMARY REPORT
IN ACXXIIDANCE WITH CUMBERLAND ClOONTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUS'lWY OF
Alexandria Christopher
Adrienne D. Christopher
John c. Christopher, IV
July 26, 1995
November 25, 1996
November 24, 1997
Father
Father
Father
2. A Conciliation COnference was held on November 29, 2000, with the
fOllowing individuals in attendance: The Father, John Christopher, III,
with his counsel, Samuel L. Andes, Esquire, and the Mother, Rebekah S.
Christopher, with her counsel, Maryann Murphy, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
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Date
Dafd~/Ms~
Custody Conciliator
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JOHN CHRISTOPHER, III, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. : NO. 00-6047 CIVIL TERM
.
.
REBEKAH S. CHRISTOPHER, . CIVIL ACTION - LAW
.
Defendant . IN CUSTODY
.
OODER OF COURT
AND 1'iDIJ, this 3 J ...
consideration of the attached
and directed as follows:
day of t ~ ~ ' 200t; upon
Custody Conci iation Report, it is ordered
1. The prior Order of this COurt dated December 4, 2000, is
vac:;ated and replaced with this Order.
2. The Father, John Christopher, III and the Mother, Rebekah S.
Christopher, shall have shared legal custody of Alexandria R. Christopher,
born July 26, 1995, Adrienne. D. Christopher, born November 25, 1996 and
John Christopher IV, born November 24, 1997. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the Children's general well-being
including, but not limited to, all decisions regarding their health,
education and religion.
3. The Father shall have primary physical custody of the
Children.
4. The Mother shall have partial physical custody on
alternating weekends from Friday at 5:00 p.m. through Sunday at 7:00 p.m.,
beginning February 2, 2001, and every week from Wednesday at 5:00 p.m.
through Thursday at 10:00 a.m., beginning January 24, 2001. until such
time as the Mother obtains her own residence, during her periods of
custody, the Mother shall reside with the Children at the Mother's
grandparents' home.
5. During the summer school break each year, each party shall
be entitled to have custody of the Children for 3 uninterrupted weeks (to
be scheduled non-consecutively unless agreed otherwise). Periods of
custody under this provision shall include 7 full days and shall be
scheduled from Friday through Friday, to begin on the custodial party's
regular weekend period of custody. The parties shall notify each other of
his or her selection of dates under this provision by May 1 of each year.
The party providing notice first shall be entitled to preference on his or
her selection of dates for custody.
6. The parties shall share having custody of the Children on
Easter Sunday in 2001, with the Mother having custody of the Children under
the regular alternating weekend schedule from Friday, April 13 through
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Easter Sunday at 3:00 p.m. and the Father having custody on Easter Sunday
beginning at 3:00 p.m. The parties shall share or alternate having custody
of the Children over the remaining holidays as arranged by agreement. In
the event the parties are not able to establish an agreed upon holiday
custody schedule by the end of August 2001, counsel for either party may
contact the Conciliator to schedule an additional Conference to address the
holiday issue.
7. with the exception of exchanges of custody on Thursdays at
10:00 a.m., the party receiving custody of the Children shall be
responsible to provide transportation for the exchange of custody. The
Mother shall provide transportation to the Father's residence for the
return of custody on Thursdays, unless otherwise agreed between the
parties. The parties shall conduct all exchanges of custody in a civil and
cooperative manner to promote the best interests of the Children. Unless
circumstances require otherwise, the parties agree that the party receiving
custody shall remain in his or her residence and the party relinquishing
custody shall remain in his or her vehicle.
8. During periods of custody with the Children, both parties
shall refrain frcm using illegal drugs or drinking alcohol to excess. Both
parties shall ensure that all third parties having contact with the
Children comply with this provision.
9. Neither party shall do or say anything which may estrange
the Children fran the other parent, injure the opinion of the Children as
to the other parent, or hamper the free and natural development of the
Children's love and respect for the other parent. Both parties shall
ensure that third parties having contact with the Children comply with this
provision.
10. This order is entered pursuant to an agreement of the parties
at 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.
BY THE CDURT,
J.
cc:
Samuel L. Andes, Esquire - Counselor Father
Maryann Murphy, Esquire - Counsel for Mother
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JOHN CHRISTOPHER, III, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. : NO. 00-6047 CIVIL TERM
:
REBEKAH S. CHRISTOPHER, : CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
PRIm JUDGE: Kevin A. Hess
CUSTODY CCNcrLIATION SUMMARY REPC4l.T
IN ACCC4IDANCE WITH CUMBERLAND <XXlNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Alexandria Christopher
Adrienne D. Christopher
John C. Christopher, IV
July 26, 1995
November 25, 1996
November 24, 1997
Father
Father
Father
2. A Conciliation Conference was held on January 23, 2001, with the
following individuals in attendance: The Father, John Christopher, with
his counsel, Samuel L. Andes, Esquire, and the Mother, Rebekah S.
ChristOpher, with her counsel, Maryann Murphy, Esquire.
3. The parties agreed to entry of an order in the form as attached.
Date
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Dawn S. Sunday, Esquire
Custody Conciliator
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JOHN CHRISTOPHER, III
PLAINTIFF
V_
REBEKAHS.CHRISTOPHER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-6047 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, July 20, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Snnday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, August 20,2001 at 1:00 p.m.
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. All children age five or older may also be present at the conference. 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: Isl
Dawn S. Sunday. Esq. tI)
Custody Conciliator
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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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JOHN CHRISTOPHER, m,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV ANlA
v.
CML ACTION - LAW
2000-6047 CIVIL TERM
REBEKAH S. CHRISTOPHER,
Defendant/Petitioner
IN CUSTODY
ORDER OF COURT
AND NOW, this day of . 2001, upon consideration of the
attached petition, it is hereby directed that the parties and their respective counsel appear
before Esquire, the conciliator, at
. on the day of ,2001 at .M.
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. All children age five or older may also be
present at the conference. Failure to appear at this conference may provide grounds for entry of a
temporary or pennanent order.
By the Court,
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
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AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities 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 scheduling conference or hearing.
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PlaintifflRespondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6047 CIVIL TERM
REBEKAH S. CHRISTOPHER,
DefendantJPetitioner
IN CUSTODY
PETITION FOR CUSTODY
AND NOW, this 18th day of July 2001, comes the Petitioner, Rebekah S. Christopher, by
her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody.
1.
The Petitioner is Rebekah S. Christopher, an adult individual residing at R.D. #1, Box
310, New Bloomfield, Perry County, Pennsylvania 17068.
2.
The Respondent is John Christopher, III, an adult individual residing in 215 West North
Street, Carlisle, Pennsylvania 17013.
3.
The parties are the natural parents of three (3) minor children, namely, Alexandria R.
Christopher, bom July 26, 1995, age 5 years; Adrienne D. Christopher, born November 25, 1996,
age 4 years; and John Christopher, IV, bom November 24,1997, age 3 years.
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The children require more time with their mother in order to maintain a strong
relationship. The Petitioner seeks shared physical custody of the children.
5.
The best interest of the children requires that the Court grant the Petitioner's request as set
forth above. A copy of the current Order of Court dated January 31, 2001 is attached hereto and
incorporated by reference herein.
WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court seeking
shared legal custody as set forth above.
Respectfully submitted,
Marcus . McKnight,
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court 1. D. No. 25476
T & HUGHES
By:
Date: July 18, 2001
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JOHN CflRISTOPHER, III, : IN THE COURT OF OJMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 00-6047 CIVIL TERM
:
REBEKAH S. CHRISTOPHER, : CIVIL AcrION - LAW
Defendant IN CUSTODY
ORDER OF COURT
AND Naol, this "3 I ...
consideratioo of the attached
and directed as follows:
day of t ~ ~ ' 200t, upon
Custody Conci iation Report, it is ordered
1. The prior order of this Court dated December 4, 2000, is
vacated and replaced with this order.
2. The Father, John Christopher, III and the Mother, Rebekah S.
Christopher, shall have shared legal custody of Alexandria R. Christopher,
born July 26, 1995, Adrienne D. Christopher, born November 25, 1996 and
John Christopher IV, born November 24, 1997. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the Children's general well-being
inclUding, but not limited to, all decisions regarding their health,
educatioo and religion.
Children.
3. The Father shall have primary physical custody of the
4. The Mother shall have partial physical custody on
alternating weekends from Friday at 5:00 p.m. through Sunday at 7:00 p.m.,
beginning February 2, 2001, and every week from Wednesday at 5:00 p.m.
through Thursday at 10:00 a.m., beginning January 24, 2001. Until such
time as the Mother obtains her own residence, during her periods of
custody, the Mother shall reside with the Children at the Mother's
grandparents I home.
5. During the summer school break each year, each party shall
be entitled to have custody of the Children for 3 uninterrupted weeks (to
be scheduled non-consecutively unless agreed otherwise). Periods of
custody under this provision shall include 7 full days and shall be
scheduled from Friday through Friday, to begin on the custodial party I S
regular weekend period of custody. The parties shall notify each other of
his or her selection of dates under this provision by May 1 of each year.
The party providing notice first shall be entitled to preference on his or
her selection of dates for custody.
6. The parties shall share having custody of the Children on
Easter Sunday in 2001, with the Mother having custody of the Children under
the regular alternating weekend. schedule from Friday, April 13 through
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Easter Sunday at 3:00 p.m. and the Father having custody on Easter Sunday
beginning at 3:00 p.m. The parties shall share or alternate having custody
of the Children over the remaining holidays as arranged by agreement. In
the event the parties are not able to establish an agreed upon holiday
custody schedule by the end of August 2001, counsel for either party may
contact the Conciliator to schedule an additional Conference to address the
holiday issue.
7. with the exception of exchanges of custody on Thursdays at
10:00 a.m., the party receiving custody of the Children shall be
responsible to provide transportation for the exchange of custody. The
Mother shall provide transportation to the Father's residence for the
return of custody on Thursdays, unless otherwise agreed between the
parties. The parties shall conduct all exchanges of custody in a civil and
cooperative rrenner to promote the best interests of the Children. Unless
circumstances require otherwise, the parties agree that the party receiving
custody shall remain in his or her residence and the party relinquishing
custody shall remain in his or her vehicle.
8. During periods of custody with the Children, both parties
shall refrain from using illegal drugs or drinking alcohol to excess. Both
parties shall ensure that all third parties having contact with the
Children comply with this provision.
9. Neither party shall do or say anything which may estrange
the Childret1 from the other parent, injure the opinion of the Children as
to the other parent, or hamper the free and natural development of the
Children's love and respect for the other parent. Both parties shall
ensure that third parties having contact with the Children comply with this
provision.
10. This Order is entered pursuant to an agreement of the parties
at 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.
BY THE CDOOT,
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Kevin f . Hess,
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Samuel L. Andes, Esquire - Counsel {~r Father
Maryann Murphy, Esquire - Counsel for Mother
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I have read the statements made in the foregoing Petition for Custody and they are true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Date: Julv 18
.2001
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JOHN CHRISTOPHER, III
PLAINTIFF
v.
REBEKAH S. CHRISTOPHER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNfY, PENNSYL V ANlA
00-6047 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, July 26, 2001 , 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, Mechanicshurg, PA 170~5 on Tuesday, August 21, 2001 at 2:00 p.m.
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 defme and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference_ 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 auy 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
Dawn S. SundaJl. Esq.M
Custody Conciliator
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
HA VB 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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JOHN CHRISTOPHER, III,
PlaintiffIRespondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6047 CML TERM
REBEKAH S. CHRISTOPHER,
Defendant/Petitioner
IN CUSTODY
ORDER OF COURT
AND NOW, this
day of
,2001, upon consideration of the attached
Petition for Special Relief,
IT IS HEREBY ORDERED that a hearing regarding this Petition for Special Relief is
,
hereby scheduled for
, 2001, at _o'clock _.m. in Courtroom Number _ ,
Cumberland County Courthouse, Carlisle, Pennsylvania 17013 at which time the parties along
with their legal counsel shall appear in person. Pending said hearing, the terms of the Order of
Court dated January 31, 2001, will be obeyed by the parties.
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BY THE COURT,
Kevin A. Hess, Judge
JOHN CHRISTOPHER, III,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6047 CIVIL TERM
REBEKAH S. CHRISTOPHER,
Defendant/Petitioner
IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW, this 18th day of July 2001, comes the DefendantJPetitioner, Rebekah S.
Christopher, by her attorneys, hwin, McKnight & Hughes, and makes the following Petition for
Special Relief against the Plaintiff/Respondent, John Christopher, 1II:
1.
The Petitioner is Rebekah S. Christopher, an adult individual who resides at R.D. #1, Box
31 0, New Bloomfield, Perry County, Pennsylvania 17068.
2.
The Respondent is John Christopher, III, an adult individual who resides at 215 West
North Street, Carlisle, Cumberland County, Pennsylvania 17013.
3.
The parties are the natural parents of three (3) minor children, namely, Alexandria R.
Christopher, born July 26, 1995, age 5 years; Adrienne D. Christopher, born November 25, 1996,
age 4 years; and John Christopher, IV, born November 24,1997, age 3 years.
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By Order of Court dated January 31, 2001, the rights of the parties regarding the custody
of the above children were established. A copy of said Order of Court is incorporated by
reference and made a part of this Petition.
5.
Since June 2001, the Respondent has not permitted the children to be with the Petitioner.
The Petitioner seeks that the terms of the Order of Court be complied with by the Respondent.
6.
The best interest of the children requires that the Court grant the Petitioner's request as
set forth above.
WHEREFORE, the Petitioner, Rebekah S. Christopher, respectfully requests that this
Honorable Court enter an Order granting Petitioner a hearing to enforce the existing Order of
Court.
Respectfully submitted,
mWIN, Mc
By:
Marcus A. cKnight, II , E e
Attorney for Petitioner, Re ekah S. Christopher
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
717-249-2353
Supreme Court 1.0. No. 25476
Date: July 18,2000
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JOHN CHRISTOPHER, III, : IN THE OOURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. QO-6047 CIVIL TERM
REBEKAH S. CHRISTOPHER, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
ORDER OF COORT
AND NCW, this :3 J'"
consideraticn of the attached
and directed as follows:
day of t ~ ' 200t', upon
Custody Conci iaticn Report, it is ordered
1. The prior Order of this court dated December 4, 2000, is
vaqated and replaced with this Order.
2. The Father, John Christopher, III and the Mother, Rebekah S.
Christopher, shall have shared legal custody of Alexandria R. Christopher,
born July 26, 1995, Adrienne D. Christopher, born November 25, 1996 and
John Christopher IV, born November 24, 1997. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all
major non-ernergency decisions affecting the Children's general well-being
including, but not limited to, all decisions regarding their health,
educaticn and religion.
Children.
3. The Father shall have primary physical custody of the
4. The Mother shall have partial physical custody on
alternating weekends from Friday at 5:00 p.m. through Sunday at 7:00 p.m.,
beginning February 2, 2001, and every week from Wednesday at 5:00 p.m.
through Thursday at 10:00 a.m., beginning January 24, 2001. until such
time as the Mother obtains her own residence, during her periods of
custody, the Mother shall reside with the Children at the Mother's
grandparents' home.
5. During the summer school break each year, each party shall
be entitled to have custody of the Children for 3 uninterrupted weeks (to
be scheduled non-consecutively unless agreed otherwise). Periods of
custody under this provision shall include 7 full days and shall be
scheduled from Friday through Friday, to begin on the custodial party's
regular weekend period of custody. The parties shall notify each other of
his or her selection of dates under this provision by May 1 of each year.
The party providing notice first shall be entitled to preference on his or
her selection of dates for custody.
6. The parties shall share having custody of the Children on
Easter Sunday in 2001, with the Mother having custody of the Children under
the regular alternating weekend. schedule from Friday, April 13 through
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Easter Sunday at 3:00 p.m. and the Father having custody on Easter Sunday
beginning at 3:00 p.m. The parties shall share or alternate having custody
of the Children over the remaining holidays as arranged by agreement. In
the event the parties are not able to establish an agreed upon holiday
custody schedule by the end of August 2001, counsel for either party may
contact the Conciliator to schedule an additional Conference to address the
holiday issue. .
7. With the exception of exchanges of custody on Thursdays at
10:00 a.m., the party receiving custody of the Children shall be
responsible to provide transportation for the exchange of custody. The
Mother shall provide transportation to the Father's residence for the
return of custody on Thursdays, unless otherwise agreed between the
parties. The parties shall conduct all exchanges of custody in a civil and
cooperative manner to promote the best interests of the Children. Unless
circumstances require otherwise, the parties agree that the party receiving
custody shall remain in his or her residence and the party relinquishing
custody shall remain in his or her vehicle.
8. During periods of custody with the Children, both parties
shall refrain frem using illegal drugs or drinking alcohol to excess. Both
parties shall ensure that all third parties having contact with the
Children comply with this provision.
9. Neither party shall do or say anything which may estrange
the Childre.'1 frem the other parent, injure the opinion of the Children as
to the other parent, or hamper the free and natural development of the
Children I s love and respect for the other parent. Both parties shall
ensure that third parties having contact with the Children comply with this
provision.
10. This Order is entered pursuant to an agreement of the parties
at 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.
BY THE CDORT,
;t2l,~l
Kevin/ . Hess,
Samuel L. Andes, Esquire - Counsel ~ Father
Maryann Murphy, Esquire - Counsel for Mother
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VERIFICATION
I have read the statements made in the foregoing Petition for Special Relief and they are
true and correct to the best of my knowledge, information and belief. I understand that false
statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Date: .TIlLY 18
.2001
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JOHN CHRISTOPHER III,
Plaintiff/Respondent
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-6047 CIVIL
CIVIL ACTION - LAW
REBEKAH S. CHRISTOPHER,
Defendant/Petitioner
ORDER
AND NOW, this
9~
day of October, 2001, on agreement of the parties and
pending further order of court, it is ordered and directed that, beginning on Saturday, October 13,
2001, at 10:00 a.m. and going to Sunday at 5:00 p.m., the petitioner, Rebekah S. Christopher,
will have temporary custody of the three children named in her petition. She shall have a similar
period of partial custody on alternating weekends thereafter. Said custody shall be at the home
of her mother, Margie Grove, at R. D. #1, Box 310, New Bloomfield, Pennsylvania. At all times
during said periods of custody, the maternal grandmother will be present with the petitioner at
that home. At no time will strangers who are not members of the family be permitted to come to
the home while the petitioner has custody.
Neither party shall disparage the other in the presence of the children. Moreover, the
petitioner will assure that the children attend any previously scheduled activities.
BY THE COURT,
Samuel 1. Andes, Esquire
For the PlaintifJ:/Respondent
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Marcus McKnight, III, Esquire
For the Defendant/Petitioner
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JOHN CHRISTOPHER, III,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
REBEKAH S. CHRISTOPHER,
Defendant 00-6047 CIVIL TERM
IN RE: CUSTODY AGREEMENT
Proceedings were held before the
HONORABLE KEVIN A. HESS, J.,
Cumberland County Courhtouse, Carlisle, Pennsylvania,
Courtroom Number 4,
October 5, 2001.
APPEARANCES:
SAMUEL ANDES, ESQUIRE
For - the Plaintiff
MARCUS McKNIGHT, ESQUIRE
For - the Defendant
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1 October 5, 2001
2 Carlisle, Pennsylvania
3
4 (Whereupon, the following proceedings were held
5 at 3:28 p.m.)
6 MR. ANDES: Good afternoon.
7 THE COURT: Good afternoon. I understand there is
8 a resolution of the matter, and one of you can tell me what it
9 is, and I will have it transcribed, and turn it into an order
10 of Court, which would begin: AND NOW, this date on agreement
11 of the parties, pending further Order of Court -- we
12 understand this is only temporary --
13 MR. ANDES: That's correct, Your Honor.
14 MR. McKNIGHT: Right.
15 THE COURT: it is ordered and directed that --
16 MR. McKNIGHT: Beginning on Saturday, October the
17 13th at 10:00 a.m., and going to Sunday at 5:00 p.m., the
18 Petitioner, or the Defendant in this case, Rebecca S.
19 Christopher, will have temporary custody of the three named
20 children in the petition.
21 And that period of custody will be held at her
22 mother's home, Margie Grove, located at R.D. 1, Box 310, New
23 Bloomfield, Pennsylvania. And at all times during this period
24 of custody, the maternal grandmother will be present with the
25 petitioner in that home.
2
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Furthermore, that the Petitioner agrees that at no
time will any strangers come to the home who are not members
of the family while she has that period of custody.
Furthermore, that this is a temporary order, and
that either Petitioner has the right to go back before the
custody conciliator to attempt to modify it or seek more time
in the case of the Petitioner. And finally, that neither
would disparage the other party in the presence of the
children.
MR. ANDES:
THE COURT:
MR. ANDES:
One other point, Your Honor.
Certainly.
During the periods of time that the
mother is exercising the temporary custody in the presence of
her mother, they will see to it that the children attend
regularly any previously scheduled activities.
And for the record -- this doesn't have to be in
the order. But at this point the activities of which we are
aware, the two of the children are involved in cheer leading
for midget football games on Saturday afternoons. And my
client will be happy to provide information about the times
and locations of those games.
MR. McKNIGHT: That will be acceptable to us, and
it is understood that after the 13th this period of visitation
will be every other weekend alternatively.
MR. ANDES: Yes, alternating weekends.
3
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THE COURT: Okay. Thank you.
MR. ANDES: Thank you, Your Honor.
(Whereupon, the recitation of the agreement
concluded. )
4
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CERTIFICATE
3
4
5 I hereby certify that the proceedings are contained
6 fully and accurately in the notes taken by me on the above
7 cause and
8
9
10
11
12
13
14
that this is a correct transcript of the same.
do~1Ad~tM~
rraine K. Troutman, RPR
15 The foregoing record of the proceedings on the hearing
16 of the within matter is hereby approved and directed to be
17 filed.
18
19
20 ():Je/w fa 1:44
Date
21
22
23
24
25
A. Hess, J.
Judicial District
5
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JOHN CHRISTOPHER, III
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
00-6047 CIVIL ACTION LAW
REBEKAHS.CHRISTOPHER
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, December 04, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawu S. Suuday, Esq. , the conciliator,
at 39 West Maiu Street, Mechauicsburg, FA 17055 on Wednesday, January 02, 2002 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. All children age five or older may also be present at the conference. 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: Isl
Dawn S. SundaJ'. Esq. QVVI
Custody Conciliator
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 TIUS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VB 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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JOHN CHRISTOPHER, III,
Plaintiff/Respondent
NOV 2 I} Z001 Lf
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6047 CML TERM
REBEKAH S. CHRISTOPHER,
Defendant/Petitioner
IN CUSTODY
ORDER OF COURT
AND NOW, this day of , 2001, upon consideration of the
attached petition, it is hereby directed that the parties and their respective counsel appear before
Dawn W. Sunday, Esquire, the conciliator, at 39 West Main Street, Mechanicsburg,
Pennsylvania 17055, on the _ day of , at .m. 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. All children age five or older may also be
present at the conference. Failure to appear at this conference may provide grounds for entry of a
temporary or permanent order.
By the Court,
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities 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 scheduling conference or hearing.
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JOHN CHRISTOPHER, III,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6047 CML TERM
REBEKAH S. CHRISTOPHER,
Defendant/Petitioner
IN CUSTODY
PETITION FOR CUSTODY
AND NOW, this 27th day of November 2001, comes the Petitioner, Rebekah S.
Christopher, by her attorneys, Irwin, McKnight and Hughes, and presents the following Petition
for Custody.
1.
The Petitioner is Rebekah S. Christopher, an adult individual residing at R.D. #1, Box
310, New Bloomfield, Perry County, Pennsylvania 17068.
2.
The Respondent is John Christopher, III, an adult individual currently residing at Lot 10,
10 Betty Nelson Court, Carlisle, Pennsylvania 17013.
3.
The parties are the natural parents of three (3) minor children, namely, Alexandria R.
Christopher, born July 26, 1995, age 5 years; Adrienne D. Christopher, born November 25, 1996,
age 4 years; and John Christopher, N, born November 24, 1997, age 3 years.
,.,,,-,",,
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4.
By Order of Court dated October 9, 2001, the custody of the above children was set by
Judge Kevin A. Hess. A copy of said Order of Court is incorporated by reference and made a
part of this Petition and is marked as Exhibit "A".
5.
In light of recent changed circumstances, the children require more time with their mother
in order to maintain a strong relationship. The Petitioner seeks shared physical custody or
primary physical custody of the children.
5.
The best interest of the children requires that the Court grant the Petitioner's request as set
forth above.
WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court seeking
shared legal custody as set forth above.
Respectfully submitted,
By:
2?
Date: November 27, 2001
JOHN CHRlSTOPHER III,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
00-6047 CIVIL
CIVIL ACTION - LAW
REBEKAH S. CHRlSTOPHER,
Defendant/Petitioner
ORDER
AND NOW, this
'i~
day of October, 2001, on agreement of the parties and
pending further order of court, it is ordered and directed that, beginning on Saturday, October 13,
2001, at 10:00 a.m. and going to Sunday at 5:00 p.m., the petitioner, Rebekah S. Christopher,
will have temporary custody of the three children named in her petition. She shall have a similar
period of partial custody on alternating weekends thereafter. Said custody shall be at the home
of her mother, Margie Grove, at R. D. #1, Box 310, New Bloomfield, Pennsylvania. At all times
during said periods of custody, the maternal grandmother will be present with the petitioner at
that home. At no time will strangers who are not members of the family be permitted to come to
the home while the petitioner has custody.
Neither party shall disparage the other in the presence of the children. Moreover, the
petitioner will assure that the children attend any previously scheduled activities.
BY THE COURT,
K,1tI;'~~
Samuel 1. Andes, Esquire
For the Plaintiff/Respondent
Marcus McKnight, III, Esquire
For the DefendantlPetitioner
.,.
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JOHN CHRISTOPHER, Ill,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
REBEKAH S. CHRISTOPHER,
Defendant 00-6047 CIVIL TERM
IN RE: CUSTODY AGREEMENT
Proceedings were held before the
HONORABLE KEVIN A. HESS, J.,
Cumberland County Courhtouse, Carlisle, Pennsylvania,
Courtroom Number 4,
October 5, 2001.
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APPEARANCES:
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IRWIN/ Mu\\\liuiil o.lluJii(
SAMUEL ANDES, ESQUIRE
For - the Plaintiff
MARCUS McKNIGHT, ESQUIRE
For - the Defendant
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20
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24
25
October 5, 2001
Carlisle, Pennsylvania
(Whereupon, the following proceedings were held
at 3:28 p.m.)
MR. ANDES: Good afternoon.
THE COURT: Good afternoon. I understand there is
a resolution of the matter, and one of you can tell me what it
is, and I will have it transcribed, and turn it into an order
of Court, which would begin: AND NOW, this date on agreement
of the parties, pending further Order of Court -- we
understand this is only temporary --
MR. ANDES: That's correct, Your Honor.
MR. McKNIGHT:
THE COURT:
MR. McKNIGHT:
Right.
it is ordered and directed that --
Beginning on Saturday, October the
13th at 10:00 a.m., and going to Sunday at 5:00 p.m., the
Petitioner, or the Defendant in this case, Rebecca S.
Christopher, will have temporary custody of the three named
children in the petition.
And that period of custody will be held at her
mother's home, Margie Grove, located at R.D. 1, Box 310, New
Bloomfield, Pennsylvania. And at all times during this period
of custody, the maternal grandmother will be present with the
Petitioner in that home.
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Furthermore, that the petitioner agrees that at no
time will any strangers come to the home who are not members
of the family while she has that period of custody.
Furthermore, that this is a temporary order, and
that either Petitioner has the right to go back before the
custody conciliator to attempt to modify it or seek more time
in the case of the Petitioner. And finally, that neither
would disparage the other party in the presence of the
children.
MR. ANDES:
THE COURT:
MR. ANDES:
One other point, Your Honor.
Certainly.
During the periods of time that the
mother is exercising the temporary custody in the presence of
her mother, they will see to it that the children attend
regularly any previously scheduled activities.
And for the record -- this doesn't have to be in
the order. But at this point the activities of which we are
aware, the two of the children are involved in cheerleading
for midget football games on Saturday afternoons. And my
client will be happy to provide information about the times
and locations of those games.
MR. McKNIGHT: That will be acceptable to us, and
it is understood that after the 13th this period of visitation
will be every other weekend alternatively.
MR. ANDES: Yes, alternating weekends.
3
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THE COURT: Okay. Thank you.
MR. ANDES: Thank you, Your Honor.
(Whereupon, the recitation of the agreement
concluded. )
4
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1
2
CERTIFICATE
3
4
5 I hereby certify that the proceedings are contained
6 fully and accurately in the notes taken by me on the above
7 cause and that this is a correct transcript of the same.
8
9
10
do~1Ad~tM~
rra~ne K. Troutman, RPR
11
12
13
14
15 The foregoing record of the proceedings on the hearing
16 of the within matter is hereby approved and directed to be
17 filed.
18
19
20 ():Jeb", fo 1:44
Date
21
22
23
24
25
J.
District
5
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VERIFICATION
The foregoing Petition for Custody is based upon information which has been gathered
by counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
Date: November 27,2001
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JOHN CHRISTOPHER, III
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
00-6047 CIVIL ACTION LAW
REBEKJUiS.CFrnUSTOPHER
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Monday, December 10, 2001
, 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 Maiu Street, Mechauicsburg, PA 17055 on Wednesday, Jauuary 02, 2002 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. All children age five or older may also be present at the conference. 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 Protectiou from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Isl
Dawn S. SundaJ'. Esq. QY'^
Custody Conciliator
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 nus PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VB 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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JOHN CHRISTOPHER, III,
PlaintifflRespondent
NOV 2 9 20011fJ
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6047 CIVIL TERM
REBEKAH S. CHRISTOPHER,
Defendant/Petitioner
IN CUSTODY
ORDER OF COURT
AND NOW, this
Petition for Special Relief,
day of
, 200 I, upon consideration of the attached
IT IS HEREBY ORDERED that a hearing regarding this Petition for Special Relief is
hereby scheduled for
, at o'clock _.m. in Courtroom Number
_ , Cumberland County Courthouse, Carlisle, Pennsylvania 17013 at which time the parties
along with their legal counsel shall appear in person. Pending said hearing, the terms of the
Order of Court dated October 9, 2001, will be obeyed by the parties.
BY THE COURT,
Kevin A. Hess, Judge
JOHN CHRISTOPHER, III,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6047 CIVIL TERM
REBEKAH S. CHRISTOPHER,
Defendant/Petitioner
IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW, this 27th day of November 2001, comes the DefendantJPetitioner, Rebekah
S. Christopher, by her attorneys, Irwin, McKnight & Hughes, and makes the following Petition
for Special Relief against the Plaintiffi'Respondent, John Christopher, III:
1.
The Petitioner is Rebekah S. Christopher, an adult individual who resides at R.D. #1, Box
310, New Bloomfield, Perry County, Pennsylvania 17068.
2.
The Respondent is John Christopher, III, an adult individual who resides at Lot #10, 10
Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania 17013.
3.
The parties are the natural parents of three (3) minor children, namely, Alexandria R.
Christopher, born July 26, 1995, age 5 years; Adrienne D. Christopher, born November 25, 1996,
age 4 years; and John Christopher, IV, born November 24, 1997, age 3 years.
2
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4.
By Order of Court dated October 9,2001, custody of the above children was set by Judge
Kevin A. Hess. A copy of said Order of Court is incoIporated by reference and made a part of
this Petition and marked as Exhibit "A".
5.
On or about Thanksgiving 2001, the Respondent was evicted from his apartment and
moved without notifying the Petitioner. The Petitioner was denied custody of the children on
November 24, 200 I. The Petitioner desires that she be awarded additional time with the children
and that the Order of Court be enforced.
6.
The best interest of the children requires that the Court grant the Petitioner's request as
set forth above, and that she be awarded legal fees for the costs of filing this Petition.
WHEREFORE, the Petitioner, Rebekah S. Christopher, respectfully requests that a
hearing be scheduled before this Honorable Court.
Respectfully submitted,
Marcus . McKn
Attorney for Peti
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
717-249-2353
Supreme Court J.D. No. 25476
By:
Date: November 27,2001
3
,
JOHN CHRISTOPHER III,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
00-6047 CIVIL
CIVIL ACTION - LAW
REBEKAH S. CHRISTOPHER,
Defendant/Petitioner
ORDER
AND NOW, this
CJ~
day of October, 200 I, on agreement of the parties and
pending further order of court, it is ordered and directed that, beginning on Saturday, October 13,
2001, at 10:00 a.m. and going to Sunday at 5:00 p.m., the petitioner, Rebekah S. Christopher,
will have temporary custody of the three children named in her petition. She shall have a similar
period of partial custody on alternating weekends thereafter. Said custody shall be at the home
of her mother, Margie Grove, at R. D. #1, Box 310, New Bloomfield, Pennsylvania. At all times
during said periods of custody, the maternal grandmother will be present with the petitioner at
that home. At no time will strangers who are not members of the family be permitted to come to
the home while the petitioner has custody.
Neither party shall disparage the other in the presence of the children. Moreover, the
petitioner will assure h'1at the children attend any previously scheduled activities.
BY THE COURT,
K,~,;,~4
Samuel L. Andes, Esquire
For the Plaintifti'Respondent
Marcus McKnight, III, Esquire
F or the Defendant/Petitioner
,
,--
~.
JOHN CHRISTOPHER, III,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
REBEKAH S. CHRISTOPHER,
Defendant 00-6047 CIVIL TERM
IN RE: CUSTODY AGREEMENT
Proceedings were held before the
HONORABLE KEVIN A. HESS, J.,
Cumberland County Courhtouse, Carlisle, Pennsylvania,
Courtroom Number 4,
October 5, 2001.
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APPEARANCES:
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SAMUEL ANDES, ESQUIRE
For - the Plaintiff
MARCUS McKNIGHT, ESQUIRE
For - the Defendant
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1
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.8
9
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13
14
15
16
17
18
19
20
21
22
23
24
25
October 5, 2001
Carlisle, Pennsylvania
(Whereupon, the following proceedings were held
at 3 :28 p.m.)
MR. ANDES: Good afternoon.
THE COURT: Good afternoon. I understand there is
a.resolution of. the matter, and one of you can tell me what it.
is, and I will have it transcribed, and turn it into an order
of Court, which would begin: AND NOW, this date on agreement
of the parties, pending further Order of Court -- we
understand this is only temporary --
MR. ANDES: That's correct, Your Honor.
MR. McKNIGHT:
THE COURT:
MR. McKNIGHT:
Right.
it is ordered and directed that --
Beginning on Saturday, October the
13th at 10:00 a.m., and going to Sunday at 5:00 p.m., the
Petitioner, or the Defendant in this case, Rebecca S.
Christopher, will have temporary custody of the three named
children in the petition.
And that period of custody will be held at her
mother's home, Margie Grove, located at R.D. 1, Box 310, New
Bloomfield, Pennsylvania. And at all times during this period
of custody, the maternal grandmother will be present with the
Petitioner in that home.
2
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1 Furthermore, that the Petitioner agrees that at no
2 time will any strangers come to the home who are not members
3 of the family while she has that period of custody.
4 Furthermore, that this is a temporary order, and
5 that either Petitioner has the right to go back before the
6 custody conciliator to attempt to modify it or seek more time
7 in the case of the Petitioner. And finally, that neither
.8 would disparage the other party in the presence of the
9 children.
10 MR. ANDES: One other point, Your Honor.
11 THE COURT: Certainly.
12 MR. ANDES: During the periods of time that the
13 mother is exercising the temporary custody in the presence of
14 her mother, they will see to it that the children attend
15 regularly any previously scheduled activities.
16 And for the record -- this doesn't have to be in
17 the order. But at this point the activities of which we are
18 aware, the two of the children are involved in cheerleading
19 for midget football games on Saturday afternoons. And my
20 client will be happy to provide information about the times
21 and locations of those games.
22 MR. McKNIGHT: That will be acceptable to us, and
23 it is understood that after the 13th this period of visitation
24 will be every other weekend alternatively.
25 MR. ANDES: Yes, alternating weekends.
3
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,,-.
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THE COURT: Okay. Thank you.
MR. ANDES: Thank you, Your Honor.
(Whereupon, the recitation of the agreement
concluded. )
4
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1
2
CERTIFICATE
3
4
5 I hereby certify that the proceedings are contained
6 fully and accurately in the notes taken by me on the above
7 cause and that this is a correct transcript of the same.
8
9
10
do~1Ad~tM~
rraine K. Troutman, RPR
11
12
13
14
15 The foregoing record of the proceedings on the hearing
16 of the within matter is hereby approved and directed to be
17 filed.
18
19
20 ():Jeb'" (()1:44
Date
21
22
23
24
25
J.
District
5
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VERIFICATION
The foregoing Petition for Custody is based upon information which has been gathered
by counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
Date: November 27, 2001
. ,-~" " '"~, "=<">~=~--'^,,' -"" ~ ",,',~;;
VERIFICATION
The foregoing Petition for Special Relief is based upon information which has been
gathered by counsel and myself in the preparation of this action. I have read the statements made
in this docwnent and they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein made are subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unsworn falsification to authorities.
Date: November 27,2001
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JOHN CHRISTOPHER, III,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-6047
CIVIL ACTION LAW
REBEKAH S. CHRISTOPHER,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this '3c.' day of . ~.1/Jf. '1 , 2002,
upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated October 9, 2001 shall continue in effect as modified by
this Order.
2. Beginning on February 1,2002, the Mother's alternating weekend periods of custody shall
be expanded to nm from Friday at 6:00 p.m. through Sunday at 5:00 p.m.
3. Until such time as the requirement of supervision is terminated pursuant to the terms of this
Order, the Mother's periods of custody may be supervised by either the materual grandmother,
Matjorie Grove, or her husband, Ralph Grove.
4. The requirement that the Mother's periods of custody be supervised at all times shall
continue in effect until such time as (1) The Mother has been sentenced on current charges, and
(2) Written verification has been obtained from the United States Attorney's Office confirming that the
Mother's cooperation in the homicide investigation and the Mother's testimony are complete.
5. Upon satisfaction of the requirements in the preceding provision of this Order, the
requirement of supervision during the Mother's periods of custody shall terminate. However, the
Mother shall not take the Children to Dauphin County or expose the Children, in any way, to the
presence of drug users, drug traffickers or criminal activity.
BY THE COURT,
cc~uel L. Andes, Esquire
~arcus A. McKnight, III, Esquire )
19
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JOHN CHRISTOPHER, III,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-6047
CIVIL ACTION LAW
REBEKAH S. CHRISTOPHER,
Defendant
IN CUSTODY
PRIOR JUDGE: Kevin A. Hess
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is
as follows:
CURRENTLY IN CUSTODY OF
NAME
DATE OF BIRTH
Alexandria Christopher
Adrienne Christopher
John Christopher, IV
July 26, 1995
November 26,1996
November 24,1997
Father
F !!ther
Father
2. A Conciliation Conference was held on January 15, 2002, with the following individuals in
attendance: The Father, John Christopher, III, with his counsel, Samuel L. Andes, Esquire, and the
Mother, Rebekah S. Christopher, with her counsel, Marcus A. McKnight, III, Esquire.
Date
3. The parties agreed to entry of an Order in the form as attached.
Da~
Custody Conciliator
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