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HomeMy WebLinkAbout06-1984MS. ASHLEY ROBERTS , Plaintiff v. Mr. TAISEAN HARRIS, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY NO.a~-I4Py CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Ms. Ashley Roberts, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Ms. Ashley Roberts, residing at 2 Noble Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Mr. Taisean Harris residing, at 3 Coral Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks primary custody of: Name Present Residence Age Kaden Roberts 2 Noble Avenue 1 year Carlisle, PA 17013 The child was born out of wedlock. The child is presently in the custody of Ashley Roberts, who resides at 2 Noble Avenue, Carlisle, Pennsylvania 17013 During the past five years the child has resided with the following persons at the following addresses: Persons Address Dates Ashley Roberts Janet Roberts Samantha Roberts Michael Roberts Ashley Roberts Jerry Manley Yvonne Manley Jennifer Manley Tina Manley 5 Mountain Street 12/04 - 3/05 Mt. Holly Springs, PA 17065 Westminister Court Newville Road Carlisle, PA 17013 4/05 - 7/05 Ashley Roberts Ryan Barrick Jody Glant 2 Noble Avenue 7/05 -Present Carlisle, PA 17013 The mother of the child is Ashley Roberts. She is single. The father of the child is Taiwan Harris. He is single. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Ryan Barrick Relationship Boyfriend The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Meghan Oliphant Finacee Akira Harris Daughter Alex Harris Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the children. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the child's primary caretaker for all of the child's life; b. Plaintiff provides the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c. Plaintiff has permitted contact between Defendant and the child and will continue to do so; d. Plaintiff is willing to accept custody of the child. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant her shared legal custody and primary physical custody of the child, with the father having periods of partial custody. Respectfully submitted, Date: -3- ~ 7 - ~+ ~ ~~t~t.c ~ >_.,~2 -~ -~" Valerie J k n Certified Legal Intern ~~~~~ WILLIAM G. MARTIN THOMAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 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.C.S. § 4904 relating to unsworn falsification to authorities. ~ ~ /; j Ms. As ey Roberts . _ is i h~ 7.r (,.~ C. MS. ASHLEY ROBERTS, Plaintiff v. MR. TAISEAN HARRIS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY NO. 06-l9~y CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Ms. Ashley Roberts, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date ,3-a7 - O (. Respectfully snbmitte~ Valerie Jac so Certified Legal Intern WILLIAM G. MARTIN ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCYJOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ~a ~~ .S _ -5 ~.:~ _[. MS. ASHLEY ROBERTS , : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY MR. TAISEAN HARRIS , Defendant. : NO.D(s -l~Py CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this ~ ~ day of ~^ ~• ~ , 2006, between Ms. Ashley Roberts , herei?laftcr Mother, and Mr. Taiwan Harris ,hereinafter Father, concerns the custody of their child: Kaden Roberts, born December 30, 2004. Mother and father desire to enter into an agreement as to the custody of the child. Mother and Father agree to the following. 1. Mother and Father shall share legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child every other weekend from Friday at 4:00 pm until Sunday at 4:00 pm. 4. Father will notify Mother by telephone twenty-four hours in advance before the child is permitted to go to Father's residence. 5. Father will be responsible for transportation of the child. 6. Mother and Father will agree upon which Holidays child will spend with each parent. 7. During the time in which Father is exercising physical custody of the child, Father agrees that Megan Oliphant, Father's girlfriend, is not to be alone with the child. 8. Mother and Father will notify each other of all medical care the child receives while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 9. 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. 10. Father acknowledges that the Family Law Clinic represented only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 11. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. // ~ s. Ashle oberts ,Plaintiff r. Taiwan arrr ~, Defendant i---~ Valerie Jackso Certified Legal Intern Counsel for Plaintiff ~~ `~~ WILLIAM G. MARTIN ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Phone (717)243-2968 Fax (717)243-3639 I~ l G , r ' ~ I [_.: < ~, APn ~ ' 2JJ6 MS. AP ainE f ROBERTS, : CUMBERLOAND OCOUNTY, POENNSYLVP~hIhA__ __~ ~_ _ ____ _~ v. :CIVIL ACTION -LAW IN CUSTODY MR. TAISEAN HARRIS, Defendant. : NO. 06- /9~`~ CIVIL TERM .. ORDER OF COURT AND NOW, this ~ T` day of ..7 , 2006, the attached Custody Agreement is approved and entered as an Order of Cour[. BY THE COURT: ~v ~a ~, ~i ASHLEY ROBERTS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY TAISEAN HARRIS, Defendant. : NO. 06 - 1984 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this ~ ~ day of , 2007, between Ms. Ashley Roberts, hereinafter Mother, and Mr. Taisean Harris, hereinafter Father, concerns .~, .. . the custody of their children: Kaden Roberts, born December 30, 20.04; and Tashawna ~ . . Roberts, born July 14, 2006. ., Mother and Father desire to enter into an agreement as to the custody of the children. Mother and Father agree to the following. 1. Mother and Father shall share legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children every other weekend from Friday at 4:00 pm until Sunday at 4:00 pm. 4. Father will notify Mother by telephone twenty-four (24) hours in advance before the children are permitted to go to Father's residence. 5. Father will be responsible for transportation of the children. 6. Mother and Father will agree upon which Holidays the children will spend with each parent. M ~ V 7. During the time in which Father is exercising physical custody of the children, Father agrees that Megan Oliphant, Father's girlfriend, is not to be alone with the children. 8. Father agrees that Megan Oliphant, Father's girlfriend, will not drive the children anywhere at any time. 9. Mother and Father will notify each other of all medical care the children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 10. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 11. Father acknowledges that the Family Law Clinic represented only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 12. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court which will modify the terms of the Order of Court entered on April 17, 2006. ~~ Ashley Rob s, Plaintiff aisean Harri , e ndant ..r ,.,, ~ ~ F • ;~ Charla Corwin Certified Legal Intern Counsel for Plaintiff ~ ~~ ~ ROB .RAINS THOMAS M. PLACE ANNE MACDONA~,D-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Phone (717)243-2968 Fax (717)243-3639 ~ F. ~ c- -:> : : ~-, ~ v ,~ --_ , . r_ yy, + } 4> ' ~ ~ Ala r 1 .w ~ " r ``~.~3 •- ' `~ ~~~` - _ ~»,~, --~ ~' ~ MAY 2 2 2007 ,~1~Y Ashley Roberts, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTION -LAW IN CUSTODY Taisean Harris, Defendant : N0.06- 1984 CIVIL TERM ORDER OF COURT AND NOW, this z 2 J day of ,r-., , 2007 upon review and consideration of the attached Custody Agreement dated May 14, 2007, said Agreement is hereby approved and entered as an Order of Court. BY THE COURT: F\.i i ;. I'..~ . . (~,..J J i ~ ~ ~5 s/~ .. ~ '_~~. ,, g i~ 1 ,. .. .. ..: f,7 t ... Ashley Roberts, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY Taisean Harris, Defendant : N0.06- 1984 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The petition of Ashley Roberts (Mother), by her attorneys, the Family Law Clinic, respectfully represents that on April 17, 2006, an Order of Court was entered for custody of Kaden Roberts, born December 30, 2004, a true and correct copy of which is attached. Under the existing Order, Mother has primary physical custody of the child. Taisean Harris (Father) has partial custody of the child. Father is to have physical custody of the child on alternate weekends from Friday at 4:00 p.m. until Sunday at 4:00 p.m, and holidays are to be shared by the parties as they mutually agree. 2. This Order should be modified because: a. The parties have had another child, Tashawna Roberts, born July 14, 2006. b. The parties wish for the Custody Order to include provisions for their daughter, Tashawna Roberts, as well as for their son, Kaden Roberts. c. The parties have entered into a Custody Agreement as of May 14, 2007 with the intent that the Agreement be made into an Order of Court which will modify the terms of the Order of Court entered on April 17, 2006. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody to include Tashawna Roberts under its provisions pursuant to the Agreement of the parties dated May 14, 2007, because doing so will be in the best interest of the children. x ~ Date: ~c~c,, ~~ 2r~ 0 7 Charla Corwin Certified Legal Intern Counsel for Plaintiff f`' ,X i y THO .PLACE ROBERT .RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 '-y x VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ G Ashley berts, Plaintiff/Petitioner ~~ :. " } ~' ~ APi~' ~ _~ IOJb MS. ASHLEY ROBERTS, : IN THE COURT OF COMMON PLEAS 0 Plaintiff :CUMBERLAND COUNTY, PENNSYLV bi~-__~__._~ v. :CNIL ACTION -LAW :1N CUSTODY MR. TAISEAN HARRIS, Defendant. : NO. 06- f 9~y CNIL TERM ORDER OF COURT AND NOW, this f ~'` day of /~,•? , 2006, the attached Custody Agreement is approved and entered as an Order of Court. BY THE COURT: J. w .f+ ;t ~,~ ,: n~ v - ;ti - -", r. ....~ MS. ASHLEY ROBERTS , : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTION -LAW ~, IN CUSTODY ~_ ~ ~ MR. TAISEAN HARRIS , '"-~ ~ Defendant. : NO. D~-IQP~ CIVIL TERM ~ _ ~= _n r~ .. 4 CUSTODY AGREEMENT '~~ ~~`~~ ~? ~' - :- ,~ rn ~'"~~ rv _~' ~ ;~ .c- s „„ -< THIS AGREEMENT, made this .-~ ~ day of ~ ~,~~~-,~~ :~. ~~. , 2006, between Ms. Ashley Roberts , hereinaf`.cr r.~other, and M~. Taiwan Harris ,hereinafter r'athc;r, concerns the custody of their child: Kaden Roberts, born December 30, 2004. Mother and father desire to enter into an agreement as to the custody of the child. Mother and Father agree to the following. 1. Mother and Father shall share legal custody of the child. 2. Mother shall have.primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child every other weekend from Friday at 4:00 pm until Sunday at 4:00 pm. 4. Father will notify Mother by telephone twenty-four hours in advance before the child is permitted to go to Father's residence. 5. Father will be responsible for transportation of the child. 6. Mother and Father will agree upon which Holidays child will spend with each parent. 7. During the time in which Father is exercising physical custody of the child, Father agrees that Megan Oliphant, Father's girlfriend, is not to be alone with the child. ~' 8. Mother and Father will notify each other of all medical care the child receives while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 9. 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. 10. Father acknowledges that the Family Law Clinic represented only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 11. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. I~Is Ashleyoberts; Plaintiff ,T .., ~... Valerie Jackson Certified Legal Intern Counsel for Plaintiff ; ., y_ ~; ~ , _ ;' ,~ ~~-~ WILLIAM G. MARTIN ROBERT E. RAINS ~r.~Taisean arrisl; Defendant THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH ~. Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Phone (717)243-2968 Fax (717)243-3639 - ~.,y -,.., ,.^, ~ _ ~ _ ~_~ n ~-~ -:, =` r" __. ~~ -;i; ^°~~ ~i 7 Ashley Roberts, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06 - 1984 Taisean Harris, CIVIL ACTION -LAW Defendant Custody PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Ashley Roberts, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date 21 020 v 7 G Charla Corwin Certified Legal Intern r/, e. ROB E. RAINS THOM S M. PLAC ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C'°:? ~~ n A, --~s : i T, ~, _: :.. _ ~ - .Y ~. 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