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HomeMy WebLinkAbout08-6583FAITH MARCHIANO, on behalf of minor child CHRISTOPHER SIMON, Plaintiff vs. DEVAUGHNA HOOPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 4.581 CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is the mother of Christopher Simon, hereinafter referred to as Father. Father's permanent residence is 59 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is DeVaughna Hooper, hereinafter referred to as Mother. Mother's permanent residence is 317 Harvest Lane, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The plaintiff seeks a schedule for partial custody of the minor child: Name Present Residence Age Tyrece Simon 317 Harvest Lane 3/16/08 DOB, 8 months old Shippensburg, PA The child was born out of wedlock. The child is presently in the custody of Mother. Since the child's birth, the child has resided with the following persons at the following addresses: Name Address Date DeVaughna Hooper 317 Harvest Lane birth - present Shippensburg, PA 4. Father currently resides with the following persons: Name Relationship Christopher Simon Self Faith Marchiano Mother Jennifer Simon Sister 5. It is believed that Mother currently resides with the following persons: Name Relationship DeVaughna Hooper Self Tanya Hooper Mother Calvin Hooper Brother Charlie (last name unknown) Tanya's boyfriend 6. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Father has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. Father does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of Tyrece will be served by granting the relief requested for reasons including, but not limited to the following: a) Father has a stable home environment that is safe and appropriate for periods of partial custody with the child. b) Father is willing to communicate and work cooperatively with Mother to co- parent the child and will encourage both the father/son and the mother/son relationships. c) Mother has not acted in the best interest of the child in ways including but not limited to the following: i) Mother prevents healthy development of a bond between Father and the child by refusing them to have regular contact with each other. ii) Mother has not completed any of the parenting programs that were recommended to her by the Cumberland County Children and Youth Services. iii) Father fears that without a custody order in place, Mother will continue to deprive him of regular contact with the child, which will further deteriorate their relationship. 10. Every person with rights to custody or having actual physical custody of the child has been named as a party to this action. WHEREFORE, Father requests this Court to: a) Grant the parties shared legal custody of the child. b) Grant Mother primary custody of the child. c) Grant Father periods of partial custody based on agreement of the parties. d) Allow parties to share holidays based on agreement. e) Any additional relief the court finds just and proper. Respectfully submitted, 6, ac? e D' Alo Jt c orney for Plaintiff d Penn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFFS, Christopher Simon and Faith Machiano, verify that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiffs understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: (' / 1()y Date: Christopher Simon Jw-d mUAac _cu\() Faith Marchiano FAITH MARCHIANO, on behalf of minor IN THE COURT OF COMMON PLEAS OF child CHRISTOPHER SIMON, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - L5M CIVIL TERM DEVAUGHNA HOOPER, Defendant CUSTODY AFFIDAVIT OF SERVICE I, Grace D'Alo, do hereby swear that I served DeVaughna Hooper with a Complaint For Custody on November % 2008 by certified mail, return receipt, restricted delivery, to the person and address below: DeVaughna Hooper 317 Harvest Lane Shippensburg, PA 17257 Date: ?' .-? t? _? ?. ? ??? .c .a =, I ?; ;. _.-- FAITH MARCHIANO, on behalf of minor IN THE COURT OF COMMON PLEAS OF child CHRISTOPHER SIMON, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - I. M CIVIL TERM DEVAUGHNA HOOPER, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Christopher Simon, Plaintiff, to proceed in forma ap uperis. I, Grace D'Alo, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. tAAee D'Alo y Mid Penn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 for Plaintiff ?' ? ?? {? ? ? °` ?'= ' ? d ,` ?y y t , ??. J -r? ?' ? 'Y?, t>'R ,.G .? ?' FAITH MARCHIAMO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DEVAUGHNA HOOPER DEFENDANT 2008-6583 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, November 14, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 16, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ac ueline M, Verne 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 THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 - JXV ?v-hi W VINVAIASINNM il-I 9 1 Ic Wd ? t AQN ON FAITH MARCHIANO, on behalf of a: IN THE COURT minor child, CHRISTOHER SIMON : CUMBERLAND V. : NO. 2008-6583 DEVAUGHNA HOOPER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this iI ' day of 2)44, consideration of the attached Custody Conciliation follows: 1. The Father, Christopher Simon and the M have shared legal custody of Tyrece Simon, born March an equal right, to be exercised jointly with the other pares emergency decisions affecting the Child's general well-b to, all decisions regarding his health, education and religi Pa.C.S. §5309, each parent shall be entitled to all record,, the child including, but not limited to medical, dental, rel residence address of the child and the other parent. To d possession of any such records or information, that parer same, or copies thereof, with the other parent within sucl records and information of reasonable use to the other pz entitled to full participation in all educational and media and evaluations with regard to the minor child. Each par complete information from any physician, dentist, teach( reports given to them as parents including, but not limite certificates, school or educational attendance records or i parent shall be entitled to receive copies of any notices v regard to school pictures, extracurricular activities, child presentations, back-to-school nights, and the like. 2. Mother shall have primary physical 3. Father shall have periods of partial phy weekend from Friday at 2:00 p.m. to Sunday at 2:00 p 4. Father shall participate with the TIPS discharged. DEC 16 20Me COMMON PLEAS OF UNTY, PENNSYLVANIA CIVIL ACTION - LAW , 2008, upon it is ordered and directed as ether, DeVaughna Hooper, shall 6, 2008. Each parent shall have t, to make all major non- ;ing including, but not limited )n. Pursuant to the terms of 23 and information pertaining to gious or school records, the extent one parent has shall be required to share the reasonable time as to make the •ent. Both parents shall be 1/treatment planning meetings ant shall be entitled to full and or authority and copies of any l to: medical records, birth :port cards. Additionally, each hich come from school with en's parties, musical of the child. custody of the child on every ing program until successfully RI F0- : OF THE_ car RY 2000 DEC 17 P11 3= 3 4 d !? d 5. Transportation shall be shared such that transport. 6. This Order is entered pursuant to an a Custody Conciliation Conference. The parties may m by mutual consent. In the absence of mutual consent, control. Another Custody Conciliation Conference is 8:30 a.m. BY THE COURT, cc: race D'Alo. Esquire Mid Perm Legal DeVaughna Hooper, pro se 317 Harvest Lane Shippensburg, PA 17257 1--op v gS /Yi`a r-LL relinquishing party shall -ment of the parties at a 'y the provisions of this Order terms of this Order shall eduled for March 16, 2009 at /?z A - J. for Father FAITH MARCHIANO, on behalf of a: IN THE COURT 0 minor child, CHRISTOHER SIMON : CUMBERLAND C V. : NO. 2008-6583 DEVAUGHNA HOOPER, Defendant : IN CUSTODY PRIOR JUDGE: None TI F COMMON PLEAS OF IOUNTY, PENNSYLVANIA CIVIL ACTION - LAW Y IN ACCORDANCE WITH CUMBERLAND OUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the litigation is as follows: NAME DATE OF BIRTH Tyrece Simon March 16, 2008 2. A Conciliation Conference was held in with the following in attendance: The Father, Christox Marchiano, with his counsel, Grace D'Alo, Esquire, N Mother, DeVaughna Hooper, pro se, along with her m 3. The parties agreed to an Order in the f l.z - l& -af Date Custody C who is the subject of this Y IN CUSTODY OF Mother matter on December 16, 2008, Simon and his mother, Faith enn Legal Services and 1 as attached. vx? Verney, Esquire MAR 1.8 2009 4 FAITH MARCHIANO, on behalf of a: IN THE COURT OF COMMON PLEAS OF minor child, CHRISTOHER SIMON : CUMBERLAND COUNTY, PENNSYLVANIA V. DEVAUGHNA HOOPER, Defendant : NO. 2008-6583 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this ( I • day of ^ 4-A , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court, dated December 17, 2008 shall remain in full force and effect with the following modifications and additions. 2. Father shall have physical custody of the child every weekend from Friday at 3:00 p.m. to Monday at 3:00 p.m. 3. The parties shall communicate with each other regarding custody matters/exchanges. 4. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Custody Conciliator within 30 days of this Order to request a telephone conference. BY THE COURT, J. cc: ce D'Alo, Esquire, Mid Penn Legal eVaughna Hooper, pro se 4 317 Harvest Lane Shippensburg, PA 17257 Counsel for Father VIM/A RSNN;id 0:01M. 6116,60Z AU`dl.CNON do 30i'- RH FAITH MARCHIANO, on behalf of a: IN THE COURT OF COMMON PLEAS OF minor child, CHRISTOHER SIMON : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-6583 CIVIL ACTION - LAW DEVAUGHNA HOOPER, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. 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 Child who is the subject of this litigation is as follows: NAME Tyrece Simon DATE OF BIRTH CURRENTLY IN CUSTODY OF March 16, 2008 Mother 2. A Conciliation Conference was held in this matter on March 16, 2009, with the following in attendance: The Father, Christopher Simon and his mother, Faith Marchiano, with his counsel, Grace D'Alo, Esquire, MidPenn Legal Services. Mother did not appear. 3. The Honorable Kevin A. Hess, previously entered an Order of Court dated December 17, 2008 providing for shared legal custody, Mother having primary physical custody and Father having partial physical custody every weekend. 4. Father requested an Order in the form as attached. 3-17-o y Date acq line M. Verney, Esquire Custody Conciliator SEP 10 2009 FAITH MARCHIANO, on behalf of a: IN THE COURT OF COMMON PLEAS OF minor child, CHRISTOHER SIMON : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-6583 CIVIL ACTION - LAW DEVAUGHNA HOOPER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this l Oth day of September, 2009, ninety days having elapsed since the entry of an Order of Court, and neither party having requested a Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq line M. Verney, Esquire, Cu dy Conciliator i {??.11 - Ji. ?lCE OF THE PPO" ONOT PY 1009 SEP 10 F i? 2: Ly j PENt3.W VANIA.