Loading...
HomeMy WebLinkAbout05-0897 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY JENNIFER CHRISTOPHER, Plaintiff JAMES FIELD POPE, Defendant NO. OS ~ f'97 CIVIL TERM NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after tlIis complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing witlI tlIe court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court witlIout further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 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 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. JENNIFER CHRISTOPHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY JAMES FIELD POPE, Defendant NO. CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Jennifer Christopher ("Mother"), by her attorneys, the Family Law Clinic, avers the following in support of her complaint for custody: 1. The plaintiff is Jennifer Christopher (hereinafter "Mother"), residing at 257 South Pitt Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is James Field Pope ("Father"), residing at SCl Smithfield (State Correctional Institution at Smithfield), 1120 Pike Street, Huntingdon, Pennsylvania 16652, Huntingdon County. 3. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth Jayonna Pope 257 South Pitt Street, Carlisle, Cumberland CQunty, Pennsylvania, 17013 12/23/97 The child was born out of wedlock. The child is presently in the custody of Mot her, who resides at 257 South Pitt Street, Carlisle, Cumberland County, Pennsylvania, 17013. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address Dates Jennifer Christopher 257 South Pitt Street, 10/03 - Present Nikolas Zulli Carlisle, Cumberland County, John Christopher IV Pennsylvania, 17013 Angeleah Christopher Jennifer Christopher 3311 Chestnut Street, 11102 - 10/03 John Christopher III Camp Hill, Cumberland County, Nikolas Zulli Pennsylvania, 17011 John Christopher IV Angeleah Christopher Alexandria Christopher Adrienne Christopher Alleshia Christopher Jennifer Christopher 10 Betty Nelson Court, Lot 10, 05/02 - 11102 John Christopher III Carlisle, Cumberland Nikolas Zulli County, Pennsylvania John Christopher IV 17013 Angeleah Christopher Alexandria Christopher Adrienne Christopher Alleshia Christopher Jennifer Christopher 215 West North Street, 05/00 - 05/02 John Christopher III Carlisle, Cumberland Nikolas Zulli County, Pennsylvania John Christopher IV 17013 Angeleah Christopher Alexandria Christopher Adrienne Christopher Alleshia Christopher Jennifer Christopher 3649 Derry Street, Harrisburg, 06/99 - 05/00 John Christopher III Dauphin County, Pennsylvania Nikolas Zulli 17111 The mother of the child is, Jennifer Christopher, currently residing at 257 South Pitt Street, Carlisle, Cumberland County. Pennsylvania, 17013. She is married. The father of the child is James Pope, currently residing at SCl SmitlIfield (State Correctional Institution at Smithfield) 1120 Pike Street, Huntingdon, Pennsylvania 16652, Huntingdon County. He is single. 4. The relationship of the plaintiff to the child is tlIat of mother. Mother resides with the following persons: Name Jayonna Pope Nikolas Zulli Angeleah Christopher John Christopher IV Relationship Daughter Son Daughter Step-Son 5. The relationship of the defendant to the child is that of father. Father currently resides with the following persons: Name Unknown - Defendant is incarcerated Relationship 6. Mother has not participated as a party or witness, or in anotlIer capacity, in other litigation concerning the custody of the child in this or another court. Mother 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. 7. The best interest and permanent welfare of the child will be served by granting the reliefrequested because: a. Father is presently incarcerated. Upon his release, he will be living in a halfway house for an indeterminate time as a condition of his parole. b. Father has only recently begun contacting the child to pursue a parental relationship. c. Mother has been the child's primary caretaker since the child's birth. d. Mother is best able to provide the child with a home with the moral, emotional and physical surroundings required to adequately meet the child's needs. e. Mother continues to exercise parental duties on behalf of the child and enjoys the love and affection of the child. 8. 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. 9. Mother and Father entered into an Agreement as to Custody on June 2, 2004. The Agreement provides that Mother and Father shall share legal custody of the child, that Mother shall have primary physical custody of the child, and Father shall have periods of partial physical custody of the child. WHEREFORE, Plaintiff requests the Court grant primary physical custody of the child to Plaintiff and enter an Order consistent with the parties' agreement in the form attached hereto. Date:i/17jc5 lca . OWffian ertitied Legal Intern ~~- ANN CDONALD- LUCY JOHNSTON-WALSH THOMAS M. PLACE ROBERT E. RAINS Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle. Pa 17013 717/243-2968 VERIFICATION I verifY that the statements made in this Custody Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: II \~ ~ T(1f:- ..... ~ () ::: ~ ......J ~ ...... ..... - w .....) 0") . C3 p! ~ +-- r ---- ~ 'i> () ~ C'J (' r,) -";""', r"1 c::) -..J ~.,... .. Co) c) -" --' 'c' In rt v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY JENNIFER CHRISTOPHER, Plaintiff JAMES FffiLD POPE, Defendant NO. DS - P97 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this ~ day of~, 2004, between, Jennifer Christopher ("Mother"), and, James Field Pope ("Fathe~), concerns the custody of their child Jayonna Pope, born December 23, 1997 ("the child"). Mother and father desire to enter into an agreement as to the custody of the child. Mother and father agree to the following: I. Mother and Father shall share legal custody of the children. 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 well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The mother shall have primary physical custody of the child. 3. While the father is residing in the halfway house as a condition of his parole, the father shall have partial physical custody ofthe child every other weekend as follows: on Saturday from l2:00pm until 5:00pm and on Sunday from 12:00pm until 5 :00 pm. Once the father moves from the halfWay house and attains suitable housing, the father shall have partial physical custody of the child every other weekend from Friday at 7:00pm until Sunday at 7:00pm. 4. The mother and father shall share custody of the child during holidays including Easter, Fourth of July, Thanksgiving and Christmas, by mutual consent, so that each parent has substantial time with the child on each of those days. 5. The mother shall have custody of the child on Mother's Day, and the father shall have custody of the child on Father's Day. 6. The periods of custody set forth in this Agreement may be modified by mutual agreement of the mother and the father. In the absence of an agreement to modify, this agreement shall be controlling. 7. The mother and the father shall share equally in providing transportation for custody exchanges. 8. The mother and the father shall be entitled to reasonable telephone access with the child while the child is in the other's custody. 9. If the father cannot exercise partial physical custody of the child during any of the times specified in this agreement, he shall call the mother at least four (4) hours prior to his time the partial custody period is to begin. 10. If the father fails to take partial custody ofthe child for any period specified in this agreement without calling the mother in advance, his periods of partial custody of the child will not resume unless and until he contacts mother to resume them. II. The parties shall keep one another advised of their current address and telephone number. 12. The father and the mother will notify each other of all medical care the child receives while in that parent's care. The father and the mother will notify each other immediately of medical emergencies which arise while the child is in that parent's care. 13. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 14. Father acknowledges that he has been informed that the Family Law Clinic only represents Mother in this matter. The Family Law Clinic has given father no legal advice other then to seek his own counsel, but he has decided to proceed without an attorney. 15. The parties intend to be bound by the terms of this agreement and intend for this . '-- Agreement to be made an Order of ~ , ( Ja "~ G-02- Date ANNE MAC ONALD Fox Lucy JOHNSTON-WALSH THOMAS M. PLACE ROBERT E. RAINS SUPERVISING ATTORNEYS F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 (': ...-;-, \ ' ...:;1 -', -.' (,) -\ FEB 1 8 2UUq,.r ( JENNIFER CHRISTOPHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY JAMES FIELD POPE, Defendant NODS - ?97 CIVIL TERM ORDER AND NOW, this ~'f- day of /{/..,v---; , 2005, the attached Custody Agreement is approved and entered as an Order of Court. BY THE COURT: ./1"-. J.