HomeMy WebLinkAbout13-4663 CHRISTOPHER SHOPE, IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION LAW
JESSICA WARNER, No. 13 -- 1443 0t V j l,�?
an adult individual, and as parent
and guardian of John Doe., a minor
Respondent PATERNITY
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You must appear at the hearing date
below. If you fail to do so, the case may proceed against you and a final order may be entered
against you granting the relief requested by Petitioner herein.
Petitioner and Respondent are directed to appear on the day of
, 2013 at m. in Courtroom No. of the Cumberland
County Court House, One Courthouse Square, Carlisle, Pennsylvania for a hearing on
Petitioner's Request for Genetic Testing. If you fail to appear as ordered, the Court may enter an
order in your absence requiring you and your child to submit to genetic tests for the purpose of
establishing paternity.
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 CET LEGAL
HELP.
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Cumberland County Lawyer Referral Service ' - C
32 South Bedford Avenue r- cz
Carlisle, PA 17013 ��� -n r
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(717)249-3166 or (800) 990-9108 (in PA only)
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AMERICANS WITH DISABILITIES ACT OF 1990 C� !mom
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 scheduled conference or hearing.
CHRISTOPHER SHOPE, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION LAW
JESSICA WARNER, No.
an adult individual, and as parent
and guardian of John Doe., a minor
Respondent = PATERNITY
PETITION TO COMPEL PATERNITY TESTING
PURSUANT TO PA.R.C.P. No.1930.6
1. Petitioner is Christopher Shope, an adult individual who resides at 315 N.
College Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17065.
2. Respondent is Jessica Warner, an adult individual who resides at 5 Heim
Court, Newville, Cumberland County, Pennsylvania.
3. Respondent is married' and the biological mother of John Doe, a minor,
born on or about May 7, 2013. This minor child resides with Respondent.
4. Petitioner and Respondent engaged in an intimate sexual relationship on
and around April 2012 until August 2012; Neither Petitioner or Respondent was
married at the time.
5. On or about April 19, 2013, Restricted Mai12 was sent to Respondent in
regards to submitting to a private DNA test at the expense of Petitioner to
determine Paternity of John Doe.
1 Mother was not married at the time the child was conceived. Upon information and belief
Respondent was married the weekend of April 9,2013.
2 Confirmation of which is attached hereto as Exhibit A.
6. As of the date of this instant filing, Respondent has not responded to the
before mentioned letter or made contact with Petitioner or undersigned counsel.
7. Petitioner consents to the submission of a bucal swab and or blood draw
for the purpose of genetic testing to determine if he is the biological father of John
Doe, a minor.
8. Petitioner agrees to pay all costs associated with genetic testing to the
testing facility in accordance with the procedures established by that facility.
9. Petitioner has not initiated nor is he aware of any other custody, support
or paternity action involving the above named minor child; nor is he aware of a
determination of paternity having been made by any other court of competent
jurisdiction as it relates to the child herein.
WHEREFORE, Plaintiff respectfully requests this Honorable Court order
and direct the Petitioner to submit to DNA testing by bucal swab and/;)r blood draw
through the Cumberland County Domestic Relations Office and further ORDERS &
DIRECTS that Jessica Warner produce her minor child, John Doe, a minor, for
DNA testing by bucal swab and/or a blood draw at the Cumberland County
Domestic Relations Office on a date and time to be determined by Cumberland
County Do estic Relations.
Date Respectfully submitted,
VU 41
PALERMO OFFICES
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Michael O. aler J , Esquire
Supreme Court I.D. # 93334
(717) 635-9591 (direct)
mop @palermolawoffices.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
CHRISTOPHER SHOPE,
Plaintiff Docket No.
V.
JESSICA WARNER, an adult
Individual and as guardian of
JOHN DOE, a minor, IN PATERNITY
Defendant =
VERIFICATION
Michael O. Palermo, Jr., Esquire, states that he is the attorney for Petitioner
in this action; that he makes this affidavit as attorney because he has sufficient
knowledge or information and belief, based upon his investigation of the matters
averred or denied in the foregoing document; and that this statement is made
subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn
falsification to authorities.
Date= A JA t WA A �
Michael O. Paler o, Jr., Esquire
Attorney for Petitioner
CHRISTOPHER SHOPE, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION LAW
JESSICA WARNER, : No.
an adult individual, and as parent
and guardian of John Doe, a minor
Respondent : PATERNITY
AVEREMENT
I, Michael O. Palermo, Jr., Esquire, do hereby aver that to the best of my
belief and my knowledge, the opposing party is not represented by counsel in this
action to Compel Paternity Testing.
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Date: 1
Michael O. Palermo, M, Esquire
Attorney for Petitioner
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CHRISTOPHER SHOPE, IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION LAW
JESSICA WARNER, = No.
an adult individual, and as parent
and guardian of John Doe, a minor
Respondent = PATERNITY
CERTIFICATE OF SERVICE
I, Michael O. Palermo, Jr., Esquire, do hereby certify that I provided a copy of
this filing by first class mail, postage pre-paid addressed as follows=
Jessica Warner
5 Heim Court
Newville, PA 17241
Q.?, •
Date v
Michael O. Palermo, r., Esquire
Attorney for Petitioner
CHRISTOPHER SHOPE, IN THE COURT OF COMMON PLEAS OF
PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA
V.
JESSICA WARNER,
an adult individual, and as parent:
and guardian of John Doe, a minor
RESPONDENT 13-4663 CIVIL TERM
ORDER OF COURT
AND NOW, this ' day of August, 2013, upon consideration of the
Petition to Compel Paternity Testing Pursuant to Pa.R.C.P. No. 1930.6, a Rule is issued
on Respondent to show cause why the requested relief should not be granted. Rule
returnable twenty-one (21) days after service.
By the Court,
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Albert H. Masland, J.
v4ichael O. Palermo, Jr., Esquire
For Petitioner
essica Warner, Pro se �? ^�
5 Heim Court �K r
Newville, PA 17241 J '�'r; .r
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Jessica Dye
5 Heim court —'D GGj
Newville,PA 17241 `° CD
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To whom it may concern:
I am responding to a petition to compel paternity testing. It is impossible for Christopher Shope
to be the biological father of my son who was born May 7, 2013 for the following reasons.
1. 1 Jessica Dye was not involved in any intimate relationship with Christopher Shope in or during
the month of August 2012.
2. My husband and I planned and conceived our son at the end of August 2012.
3. The first ultrasound I had with my son and then after had my son placed on track with when he
was conceived at the end of August 2012 and not any time before then.
4. My husband and I married on April 16,2013 which we had been previously engaged since
2007.My husband, myself and my children including my son all reside in the same household
in which we have since 2008.
5. 1 have not responded to the previous certified mail in which was sent to my house because I
believe this is a personal issue Christopher Shope has with myself instead of it being about my
son.I believe Christopher Shope knows that he is not the biological father to my son and that
he is only proceeding with these issues to cause chaos within my home.
6. 1 do not see any reason to continue with this issue any further and disrupt my family.
Jessica Dye
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
CHRISTOPHER SHOPE : CIVIL ACTION: No. 13 -4663
v.
: IN PATERNITY
JESSICA WARNER, an adult
individual and as biological
Mother of John Doe, a minor : Judge Masland
Respondent :
fi
TO RULE UPON PLEADINGS
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AND NOW, comes the undersigned, for the above captioned
Plaintiff, Christopher Shope, and submits the following Praecipe to Rule
upon Pleadings
1. A Petition to Compel Paternity Testingwas filed in the Court of
Common Pleas on August 7, 2013.
2. On August 19, 2013, this Honorable Court entered a Rule'
upon Defendant to respond.
3. On or about August 19, 2013, Defendant responded in the
form a letter entitled "Response to Paternity" under the
name Jessica Dye. Said letter is attached hereto as Exhibit B.
4. This matter is now ripe for this Honorable Court to rule upon the
merits of the pleadings.
1 Attached hereto as Exhibit A.
WHEREFORE, the undersigned respectfully request this
Honorable Court rule upon this matter based upon the pleadings of
the parties.
RESPECTFULLY SUBMITTED,
PALERMO LAW OFFICES
Michael 0. Palermo, ., Esquire
3300 Trindle Road
Camp Hill, PA 17011
(717) 635-9591
Counsel for Plaintiff
mop@palermolawoffices.com
1
CHRISTOPHER SHOPE, : IN THE COURT OF COMMON PLEAS OF
PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA
V.
JESSICA WARNER,
an adult individual, and as parent:
and guardian of John Doe, a minor
RESPONDENT
: 13 -4663 CIVIL TERM
ORDER OF COURT
AND NOW, this 1 / day of August, 2013, upon consideration of the
Petition to Compel Paternity Testing Pursuant to Pa.R.C.P. No. 1930.6, a Rule is issued
on Respondent to show cause why the requested relief should not be granted. Rule
returnable twenty -one (21) days after service.
Itichael O. Palermo, Jr., Esquire
For Petitioner
/(essica Warner, Pro se
5 Heim Court
Newville, PA 17241
:sal
By the Court,
Albert H. Masland, J.
U
EXHIBIT
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Jessica Dye
5 Heim court
Newville PA 17241
August 16, 2013
To whom it may concern:
‘-iv 1 ylalo
I am responding to a petition to compel paternity testing. It is impossible for Christopher Shope
to be the biological father of my son who was born May 7, 2013 for the following reasons.
1 I Jessica Dye was not involved in any intimate relationship with Christopher Shope in or during
the month of August 2012.
2. My husband and 1 planned and conceived our son at the end of August 2012.
3. The first ultrasound 1 had with my son and then after had my son placed on track with when he
was conceived at the end of August 2012 and not any time before then.
4. My husband and I married on April 16, 2013 which we had been previously engaged since
2007. My husband, myself and my children including my son all reside in the same household
in which we have since 2008.
I have not responded to the previous certified mail in which was sent to my house because I
believe this is a personal issue Christopher Shope has with myself instead of it being about my
son. I believe Christopher Shope knows that he is not the biological father to my son and that
he is only proceeding with these issues to cause chaos within my home.
6. 1 do not see any reason to continue with this issue any further and disrupt my family.
Jessica Dye
Aike4z
Vizi/5
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
CHRISTOPHER SHOPE : CIVIL ACTION: No. 13 -4663
v.
: IN PATERNITY
JESSICA WARNER, an adult
individual and as biological
Mother of John Doe, a minor : Judge Masland
Respondent
CERTIFICATE OF SERVICE
I, Michael O. Palermo, Jr., do hereby certify that I caused a
copy of this Praecipe to be served upon the following by First Class
Mail as follows:
Jessica Warner, Pro Se
5 Heim Court
Newville, PA 17241
lAmpaA,
Michael O. Palermo, Jr.
April 8, 2014
CHRISTOPHER SHOPE, : IN THE COURT OF COMMON PLEAS OF
PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA
V.
JESSICA WARNER,
an adult individual, and as parent:
and guardian of John Doe, a minor,
RESPONDENT : 13 -4663 CIVIL TERM
AND NOW, this
ORDER OF COURT
11
day of April, 2014, upon consideration of the
Petition to Rule Upon Pleadings, we decline to so rule and, instead, DIRECT the parties
to appear for a hearing on the 28th day of May, 2014, at 1:30 p.m., in Courtroom
Number 1, at which time the court will hear evidence regarding the presumption of
paternity and any rebuttal thereto. Petitioner, and Respondent if she obtains counsel,
shall submit a brief on the application of the presumption of paternity no Tess than five
(5) days prior to the hearing.
,Michael O. Palermo, Jr., Esquire
For Petitioner
✓Jessica Warner, Pro se
5 Heim Court
Newville, PA 17241
:sal
By the Court,
Albert H. Masland,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
CHRISTOPHER SHOPE : CIVIL ACTION: No. 13-4663
v.
: IN PATERNITY
JESSICA WARNER, an adult :
individual and as biological :
Mother of John Doe, a minor : Judge Masland
Respondent
PRAECIPE TO DISCONTINUE/MARK SETTLED
To the Prothonotary/Clerk of Cumberland County Pennsylvania:
Kindly discontinue the above captioned case with prejudice to
Plaintiff.
RESPECTFULLY SUBMITTED,
PALERMO LAW OFFICES
Esquire
3300 Trindle Road
Camp Hill, PA 17011
(717) 635-9591
Counsel for Plaintiff
mop@palermolawoffices.com
.,
Michael O. Palermo,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
CHRISTOPHER SHOPE : CIVIL ACTION: No. 13-4663
v.
: IN PATERNITY
JESSICA WARNER, an adult
individual and as biological
Mother of John Doe, a minor : Judge Masland
Respondent
CERTIFICATE OF SERVICE
I, Michael O. Palermo, Jr., do hereby certify that I caused a
copy of this Praecipe to be served upon the following by First Class
Mail as follows:
Jessica Warner, Pro Se
5 Heim Court
Newville, PA 17241
Michael O. Palermo, Jr.
May 28, 2014