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HomeMy WebLinkAbout09-6046JENNIFER J. CHRISTOPHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOHN CHRISTOPHER, III, NO. 09 - 6y6 CIVIL TERM Defendant : IN DIVORCE/CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Jennifer J. Christopher, residing at 112 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is John Christopher, III, residing at 327 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Angeleah A. Christopher 112 East North Street Carlisle, PA 17013 The child was not born out of wedlock 03/07/2001 8yrs The child is presently in the custody of Jennifer J. Christopher, residing at 112 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses John & Jennifer Christopher 215 West North Street Carlisle, PA 17013 John & Jennifer Christopher Betty Nelson Trailer Park Carlisle, PA 17013 John & Jennifer Christopher Camp Hill, PA 17011 John & Jennifer Christopher 430 South Pitt Street Carlisle, PA 17013 Jennifer Christopher 1137 Pheasant Drive, North Carlisle, PA 17013 Dates May 2000-2002 2002 - 2003 2003-2005 2005-August 2006 August 2006- June 2008 4 6. Jennifer Christopher 30 Kerrs Avenue Carlisle, PA 17013 June 2008- May 2009 Jennifer Christopher 112 East North Street May 2009-present Carlisle, PA 17013 The mother of the child is Jennifer Christopher, residing at 112 East North Street, Cumberland County, Pennsylvania 17013. She is married. The father of the child is John Christopher, III, residing at 327 East Louther Street, Cumberland County, Pennsylvania 17013. He is married. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the following persons. Name Nikolas Zulli Jayonna Pope Leon Ramsey Akeen Ramsey Relationship Son Daughter Paramour Paramour's son The relationship of defendant to the child is that of Father. The defendant currently resides with the following persons. Name Relationship Alexandria R. Christopher Daughter Adrienne D. Christopher Daughter John Christopher, IV Son Julian Christopher Son Angela Barrick Paramour 7 Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief request because: A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant Plaintiff partial primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, Rominger & Associates Date: September 3, 2009 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. J ife J. Christopher, laintiff TIPE: C! T/,? S 5eed?1?4y e/c 4 &OG?- JENNIFER J. CHRISTOPHER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-6046 CIVIL ACTION LAW JOHN CHRISTOPHER, III IN CUSTODY DEFENDANT ORDER OF COURT AND NOW ____ Friday, September 11, 2009 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on _ Wednesday, October 07, 2009 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/ 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 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 OF Trig PPO";. ; "17ARY 2009 SEP 14 AM 9. 5 9 i F.N?l,?}7'L"%'/A JfA Ak?+rk n.a?1?d, ?Ic A?, AJ.c?1 all OCT 3 0 2009 A ' JENNIFER J. CHRISTOPHER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2009-6046 CIVIL ACTION LAW JOHN CHRISTOPHER, III Defendant IN CUSTODY ORDER OF COURT AND NOW, this aL I-d day of N 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Jennifer J. Christopher, and the Father, John Christopher, III, shall have shared legal custody of Angeleah A. Christopher, born March 7, 2001. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the Child in accordance with the following rotating bi-weekly schedule: A. WEEK I: During Week I, the Father shall have custody of the Child from Tuesday after school through Wednesday before school and from Friday after school through Monday before school. B. WEEK II: During Week II, the Father shall have custody of the Child from Wednesday after school through Saturday at 12:00 noon. C. The Mother shall have custody of the Child at all times not otherwise specified for the Father. D. When the Child is in the custody of the other parent for the overnight period, the non-custodial parent shall be entitled to have custody of the Child from after school until 6:00 p.m. M 3. The physical custody schedule shall begin with the Father having custody of the Child during Week I from Friday, October 30, 2009 after school through Monday, November 2, 2009 before school. 4. During the summer school break each year, the parties shall share having custody of the Child on an alternating weekly basis, with the exchange to take place every week on Monday. The summer schedule shall begin on the first Monday after the last day of school and shall end one full week before the new school year begins at the end of the summer. 5. The parties shall share having custody of the Child on holidays as follows: A. Thanksgiving: In every year, the Mother shall have custody of the Child for the first half of Thanksgiving Day and the Father shall have custody for the second half of Thanksgiving Day, with the times to be arranged by agreement between the parties. B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. C. Mother's Day/Father's DaX: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day. D. Remaining Holidays: The parties shall share having custody of the Child on the remaining holidays as arranged by agreement between the parties. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Within 60 days of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conference, if necessary, to review the custodial arrangements. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. 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. THE COU , J. cc: ?rffchael Palermo, Esquire - Counsel for Mother /Nathan Wolf, Esquire - Counsel for Father t£.S /rL? ?C£cC,, ?7 alai 40 JENNIFER J. CHRISTOPHER. Plaintiff vs. JOHN CHRISTOPHER, III Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-6046 CIVIL ACTION LAW IN CUSTODY 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Angeleah A. Christopher March 7, 2001 Mother 2. A custody conciliation conference was held on October 28, 2009, with the following individuals in attendance: the Mother, Jennifer J. Christopher, with her counsel, Michael Palermo, Esquire, and the Father, John Christopher, III, with his counsel, Nathan Wolf, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 0 L1-0 b4l aE ao0 9 ( ?- Date Dawn S. Sunday, Esquire Custody Conciliator A OF THE 2009 NOV -3 AM 3: 27 N -Y