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HomeMy WebLinkAbout04-4458CHRISTOPHER A. TELENCIO, Plaintiff CYNTHIA M. POINTER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN CUSTODY :NO. o ,J- z2d COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Christopher A. Telencio, who, by and through his attorneys, Elizabeth S. Beckley, Esquire, Thomas A. Beckley, Esquire and Beckley & Madden, of Counsel, files this Complaint for Custody, in which he avers that: 1. Plaintiff, Christopher A. Telencio, is an adult individual residing at 1678 High Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Cynthia M. Pointer, is an adult individual who, upon information and belief, currently resides at Sunrise Mobile Home Park, 2010 SW 3rd Street, Corvalis, Oregon 97333. child: 3. Plaintiff seeks primary physical and joint legal custody of the following Name Date of Birth Residence Cassandra Jade Telencio 12/23/2003 Mother The Child was bom out of wedlock. The Child is presently in the custody of her mother, Cynthia M. Pointer, the Defendant herein, who, upon information and belief, resides at the Sunrise Mobile Home Park, 2010 SW 3rd Street, Corvalis, Oregon 97333. 4. During the past five years, the child has resided at the following addresses with the individuals indicated: Persons livine with children Plaintiffand Defendant Destiny Pointer ( half sister) Plaintiff and Defendant Destiny Pointer (half sister) Address 128 West Main Street Mechanicsburg, PA 17055 9 Richland Lane Camp Hill, PA 17011 Dates birth - April, 2004 4/04 - 7/27/04 5. Plaintiff is the Father of the child and he currently resides with his paternal grandmother, Sara Telencio at 1678 High Street, Camp Hill, Cumberland County, Pennsylvania 17110. Plaintiff is single. 6. Defendant is the Mother of the child and, upon information and belief, currently resides with a friend and her children at the Sunrise Mobile Home Park, 2010 SW 3rd Street, Corvalis, Oregon 97333. Defendant is single. currently resides with the following persons: Name Sara Telencio The relationship of Plaintiff to the child is that of Father. Relationship Paternal grandmother The Plaintiff 8. The relationship of Defendant to the child is that of Mother. The Defendant, upon information and belief, currently resides with the following persons: Name Relationship Cassandra Jade Telencio Destiny Pointer a friend the parties' child Defendant's first child 2 9. 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 or any other state. Plaintiff 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. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff has been an active participant in the child's life since birth and Defendant went to Oregon for an alleged visit and has failed and refused to return the child to Pennsylvania. In addition, prior to Defendant's departure, Defendant was contacted by Children and Youth for the purpose of investigating a neglect allegation filed against her. Furthermore, since Defendant went to Oregon in July, 2004, she has been charged with recklessly endangering the parties' child. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 3 WHEREFORE, Plaintiff respectfully requests that the Court grant him primary physical custody m~d joint legal custody of the parties' minor child. Respectfully submitted, of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Counsel for Plaintiff Christopher A. Telencio 4 VERIFICATION I, Christopher A. Telencio, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Christopher A. Telencio CHRISTOPHER A. TELENCIO PLAINTIFF CYNTHIA M. POINTER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 04-4458 CIVIL ACTION LAW iN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 08, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before J~acqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 28, 2004 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. All children age five or older may also be vresent at the conference. Failure to apvear 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/ Jacqueline M. Verney, Esq. Custody Conciliator mhc 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 'rAKE 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 CHRISTOPHER A. TELENCIO, PlaintiftTPetitioner CYNTHIA M. POINTER, Defendant/Respondent :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :CUSTODY iNO. 0~'- EMERGENCY PETITION FOR SPECIAL RELIEF Plaintiff/Petitioner, Christopher A. Telencio, by and through his counsel Elizabeth S. Beckley, Esquire, Thomas A. Beckley, Equire, and Beckley & Madden, of counsel, files this Emergency Petition for Special Relief and in support thereof, avers as follows: 1. Plaintiff/Petitioner is Christopher A. Telencio, is an adult individual who currently resides at 1678 High Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant/Respondent, Cynthia M. Pointer, is an adult individual, who, upon information and belief, currently resides at the Sunrise Mobile Home Park, 2010 SW 3roi Street, Corvalis, Oregon 97333. 3. Petitioner and Respondent are unmarried and the biological parents of one minor child, Cassandra Jade Telencio, born December 23, 2003. 4. Simultaneously with the filing of this Petition, Petitioner has filed a Complaint for primary physical custody. 5. From October, 2003, until July 27, 2004, the parties resided together with their child and Respondent's first child, Destiny Pointer. Their last residence was 9 Richland Lane, Camp Hill, Pennsylvania. 6. On July 27, 2004, Respondent went to Oregon with the children and indicated to Petitioner that she would return in approximately ten days to two weeks. 7. On August 7, 2004, Respondent told Petitioner's mother, Karen Betts, that Respondent did not intend to return to Pennsylvania. 8. On August 13, 2004, Petitioner went to Oregon to try and convince Respondent to come back to Pennsylvania, or at least to allow Petitioner to return to Pennsylvania with his child. 9. Respondent refused to return to Pennsylvania and refused to produce the parties' child to Petitioner. 10. Petitioner believes and therefore avers that Respondent will not return to Pem~sylvania because Children and Youth contacted Respondent prior to her departure for Oregon for the purpose of investigating a child neglect allegation brought against the Respondent. 11. While in Oregon, Petitioner learned that Respondent has been charged with recklessly endangering the parties' child and Assault 4. 12. Petitioner believes and therefore avers that Respondent has a substance abuse problem that includes frequent use of alcohol, marijuana and other drugs. 13. Petitioner further believes and therefore avers that both children are neglected and suffer from a lack of nurturing physical contact during periods when the Petitioner is at work and the children are in the Respondent's care. 14. Petitioner is genuinely concerned for the safety and welfare of the children when the children are left in the custody of the Respondent. 15. Petitioner believes and therefore avers that both children are in immediate need ora safe home which the Petitioner is able to provide. WHEREFORE, for the foregoing reasons, Petitioner, Christopher A. Telencio, respectfully requests this Court to enter an Order granting him emergency primary physical custody of his child until further Order of Court. Of Counsel BECKLEY & MADDEN 212 N. 3rd Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233~7691 Respectfully submitted: Attorneys for Plaintiff/Petitioner Christopher A. Telencio VERIFICATION 1, Christopher A. Telencio, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Christopher A. Telencio CHRISTOPHER A. TELENCIO, Plaintiff VS. CYNTHIA M. PO1NTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 04-4458 CIVIL IN CUSTODY IN RE: PETITION FOR EMERGENCY RELIEF ORDER AND NOW, this ! ~ ' day of September, 2004, a mile is issued on the defendant to show cause why the relief requested in the within motion ought not to be granted and the parties' minor child, Cassandra Jade Telencio, awarded to her father, the plaintiff herein. This rule is returnable fifteen (15) days following service. BY THE COURT, K~v~. ~tess, J~.ff~ CHRISTOPHER A. TELENCIO, Plaintiff CYNTHIA M. POINTER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN CUSTODY : :NO. 04-4458 STIPULATION OF CUSTODY THIS IS A STIPULATION entered into the day and year hereinafter set forth below, by and between CHRISTOPHER A. TELENCIO (hereinafter referred to as "Plaintiff/Father") and CYNTHIA M. POINTER (]hereinafter referred to as "Defendant/Mother"). WHEREAS, the parties are the parents of one (1) minor child, namely Cassandra Jade Telencio, bom December 23, 2003 (hereinafter referred to as the "Child"); WHEREAS, the parties are presently living separate and apart and wish to establish an agreed upon Court Ordered arrangement relative to the physical and legal custody of their Child; WHEREAS, the Plaintiff/Father and Defendant/Mother, after careful consideration and the opportunity for the advice and assist~ace of counsel, have reached an agreement to provide for the custody of this Child without the need to litigate the matter before this Honorable Court and asks the Court to adopt this stipulation as its Order; WHEREAS, it is the belief of the Plaintiff/Father and Defendant/Mother that the agreement reached herein provides for the best interest of this Child; 3. Trips and activities. Neither party shall schedule trips or activities with the Child during the other party's scheduled periods of physical custody unless otherwise agreed upon between the parties. 4. Out of town address/phone number. In the event either party will be out of town for a period of 48 hours or more with the Child, the custodial parent will provide the non-custodial parent with an address and telephone number where they can be located. 5. Telephone contact. Each parent shall be entitled to reasonable telephone contact with the Child when in the custody of the custodial parent. 6. No conflict zone. Both parties shall establish a no-conflict zone for the Child and refrain from making derogatory comments about the other parent in the presence of the Child and to the extent possible shall prew:nt third parties from making such comments in the presence of the Child. 7. Aleohol/d~. Neither parent shall possess or use illicit drugs or abuse alcohol in the presence of the Child, and to the extent possible, shall prevent third parties from doing the same while in the presence of the Child. 8. Contact information. The parties shall keep each other informed of their respective current addresses and telephone numbers. Each of the parties has carefully read and fully considered this Stipulation and all of the statements, terms, conditions, and provisions thereof ]prior to signing below. The WHEREAS, the parties hereby direct Counsel to submit this Stipulation to the Court and ask that the Court enter a Custody Order adopting the terms hereof. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound hereby, the parties stipulate and agree as follows: 1. LeRal Custody. Plaintiff/Father and Defendant/Mother shall share legal custody of the minor Cassandra Jade Telencio bom December 23, 2003. Each parent shall have an equal right, to be exercised jointly and in consultation with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions affecting the Child's health, education, and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records, including, but not limited to, school and medical records and information, the residence address of the Child, and the residence address of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the reports and information ofreasonahie use to the other parent. 2. Physical Custody. Plaintiff/Father shall have, primary physical custody of the Child. Plaintiff/Father and the Child will reside with Plaintiff/Father's paternal grandmother, Sara Telencio. Defendant/Mother shall have periods of partial physical custody of the Child twice a year for a one week period. A. Holidays shall be divided between the ]parties per their agreement. B. Defendant/Mother shall have additiomtl periods of partial physical custody per the parties' agreement. 2 parties agree that this Stipulation will be made into an Order of Court which may be modified by mutual written agreement. In the absence of a mutual written agreement, the terms of the Order shall control pending further Order of Court. IN WITNESS WHEREFORE, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year set forth below. WITNESS: ~'fi'liz/~eth S. Counsel for Plaintiff/F~e~r Date Christopher A. Telencio Date C~thia M. Pointe( COMMONWEALTH OF PENNSYLVNIA ) )ss.: COUNTY OF ) On this the ay of ~ ,2004, before me, the undersigned officer, personally appeared CH~Ig~I'O~gR A. TELF, NCIO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instnunent, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set m My Commission Expires:~ ~"'~~ INDIVIDUAL ACKNOWLEDGMENT State of - County of SS. before me, the undersigned Notary Public, personally appeared ~ p me ~roved to me on the basis of satisfacto~ evidence MARY ANNE HAZARD NOTARY PUBLIC - OREGON COMMISSION NO. 3711 32 to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed it. WITNESS my hand .and official seal. ~ dc. Sign~t~l~ of~ Public OPTIONAL Though the information in this section is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Top of thumb here 995 National Note~y Association · 8236 Returner Ave., F~O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5170 Reorder: Call Toll-Free 1-80G-876-6827 OCT CHRISTOPHER A. TELENCIO, Plaintiff Ve CYNTHIA M. POINTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-4458 C]IVIL TERM : : CIVIL ACTION .. LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 28th day of October, 2002, the Conciliator being notified that the parties have reached an agreement regarding custody, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~mey.. Esquir~onciliator CHRISTOPHER A. TELENCIO, Plaimiff CYNTHIA M. POINTER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :CUSTODY : :NO. 04-4458 ORDER AND NOW, this q '~ day of /0 ~ ,2004, after careful review of the Stipulation of Custody entered into by the parties and attached hereto, and in accordance with the parties' request that said Stipulation of Custody be entered as an Order of Court, it is hereby ORDERED that the parties shall have legal and physical custody of their minor child pursuant to the terms of said Stipulation of Custody./ /