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HomeMy WebLinkAbout00-00726 -~> -, - <, "': ;_~._" ,.;,.~~>,,"",,- _. V,.',,~ ". -- 1 i~ ' ,;,~,,; < .-0_ '" '" ~ ~ ~ APR 1 7 2000 rJ7 JODI RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CNIL ACTION - LAW SHARON KNAPP and CHRISTOPHER 1. STOUT, Defendants NO. 2000-726 CNlL IN CUSTODY COURT ORDER AND NOW, this ~ day of April, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The maternal grandmother, Judi Ruby, shall enjoy primary physical and legal custody of Chantal M. Knapp, born November 11,1998. 2. The Father, Christopher 1. Stout, and the paternal grandparents, Christine and Norman Stout, shall enjoy periods of temporary physical custody with the minor child as follows: A. On altemating weekends from Friday at 5:00 p.m. until Sunday at 3:00 p.m. B. On the Thursday following the weekend they exercise custody from 3:00 p.m. until 7:00 p.m., and on the Tuesday following the weekend they do not have custody from 3:00 p.m. until 7:00 p.m. C. At such other times as agreed upon by the parties. 3. The Father and the paternal grandparents shall also enjoy custody on every Father's Day from 9:00 a.m. until 7:00 p.m. The Mother and the maternal grandmother shall always enjoy custody on Mother's Day from 9:00 a.m. until 7:00 p.m. 4. On the Thanksgiving holiday, the Father and the paternal grandparents shall always have custody from 8:00 a.m. on Thanksgiving Day through 3:00 or 3:30 p.m. subject to the scheduling of the parties. The Mother and the maternal grandmother shall have custody from 3 :00 p.m. or 3 :30 p.m. through the end of the day. 5. For the Easter holiday, in the event it is not the Father's weekend for custody, Father shall have custody on Easter Day from 2:00 p.m. until 7:00 p.m. In the event Easter occurs on the weekend Father does have custody, the child shall be returned to the Mother and the maternal grandmother by 2:00 p.m. on Easter Day. 0: " ~ r 0 cc: - ;,"--J~,o__ ,'-- 'C.'~'--''';' ~"^",;";,,,_,, ' _ '-"~';'''il1~" _~'~',,,;k<.',-;,,,, .~. 6. For the Christmas holiday, the Father and his parents shall always have custody of the minor child from 9:00 a.m. until 6:00 p.m. The Mother and the maternal grandmother shall enjoy custody on Christmas Eve and Christmas morning and later in the day on Christmas Day after 6:00 p.m. 7. The Father and the Mother and their respective parents shall be able to exercise some period of summer vacation with the minor child. They should give the other parties notice in advance and attempt to work out summer schedules for when they can spend at least one week with the child. 8. This order contemplates that the Father shall exercise custody as set forth above in the presence of his parents. In the event the Father is not able to exercise custody, Father's parents shall have authority to exercise custody pursuant to the schedule for Father as set forth above. 9. This order also contemplates the Mother will enjoy custody of the minor child pursuant to the schedule that is afforded to the maternal grandmother as set forth above. In the event Mother is not available during that time, maternal grandmother shall have that period of custody. 10. Both parties shall keep the other parent and grandparents notified with respect to their address and phone number. Furthermore, in the event any party is over night at another location during a time they have custody of the minor child, they shall notify the other parent or grandparent of the address and phone number of where they will be with the minor child for purposes of emergency contact. 11. The parties may agree between themselves to modify this order. However, absent an agreement, this order shall control. 12. In the event either party desires to modify this order, that party may petition the Court to have the case again scheduled with the custody conciliator for a Conciliation Conference.. 13. Attorney Kayer is directed to provide a copy of this order to the maternal grandmother and to the Mother and Attorney Morgenthal is directed to provide a ropy of.,. """ to ili, F"'~ "'" ilio ~ gmn /1 James 1. Kayer, Esquire Roger M. Morgenthal, Esquire .~ '1-/9-00 RK3 ,. " "" ~ . ,." ,~ " ,- ,."". ,,, -,. ~, ~,p ,.....- r," o,~ .. '" flll>..._ z}. "!-'~-'::"'{~V"~)~~~.. .-'..,' ;7~"!.)i/ -"1!1; Ifn ,^" \...(.,If"*,,,') 'I i1 19 ;j// /0: ?? .,~ ""1,. LL..\tJ,:>,.. /1(.::.:;,,/ /:" P6V)\/{jIX'-'I;;./,...OU/V7,y \.,; 1....,/1/\//.11 . "'!;j 1Il!IlII~.~,,: 'i ~,.,.,~~ .... .' .. -- "" ",' ,'".' ~k-, ,". __,;;'o..n" -.~ ' "h-T.-.'- ,',,"n,H' \ JUDI RUBY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHER 1. STOUT, Defendants NO. 2000-726 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915 .3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Chantal M. Knapp, bom November 11, 1998. 2. A Conciliation Conference was held on April 6, 2000, with the following individuals in attendance: The natural Mother, Sharon Knapp, who appeared without legal counsel; the Father, Christopher 1. Stout who appeared with Roger M. Morgenthal; and the maternal grandmother, Judy Ruby, with her counsel, James 1. Kayer, Esquire; and the patemal grandparents, Christine and Norman Stout, who were also represented by Attorney Morgenthal. 3. The parties agree to the entry of an order in the form as attached. 4 f (o,J I Ob ~ !~ -. " "r.', ~ r",,~ .... H.I:J - II ZOO~j JUDI RUBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - '7;)..1..1) CIVIL TERM : CIVIL ACTION - LAW v. SHARON KNAPP and CHRISTOPHER J. STOUT Defendants : IN CUSTODY ORDER OF COURT AND NOW, this \\ day of January, 2000, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before \\.~\\ 'I. . G \r~_, Esquire, Custody Conciliator, on ~ of f::>..VV"-:-' \ , 2000, at ~'.~() o'clock A-.M., located at~ ~H) C\n\l.c-rr-\CX'\e\ en, r~~ _ 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 present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: ~\\).~J\1-~.~-~~.\~_ ,Esq e 'd~ Custody Conciliator . J ~, - .,~~"'"'" ('">,, F""e Iii "....1 '!' ~',-, Ln ,:':!.f 1>', I' IJ; ,If '"'I,', GUJ,i.:!,'_-j-. , ,- ~'i:_"."; E",r'-:.',,';) { ';-.;1 J,\ "'i\; PENW",7\1;..".J,Vi I i 'Vj LVANL,\ .;). ;;JfI-CltJ &vI- t~"v~~' 4 /~ d'dl/OC L;f~ ~~ ~ lJV'~ ,;(-';W-t/,1 ~~ ~ ~ _~ ~. - ~ ~ ~~,--=,,~ II- "wm...~Ii!lflIll'mfn''''i!l\T'"~t:''~;;'''''~'I:Wf~!_~~~~~~_1 '" --;'1 ' " ~ -," . . , . . YOU SHOULD TAKE TillS 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (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. James J. Kayer, Esquire Attorney for Plaintiff 4 East Liberty Avenue Liberty Loft Carlisle, PA 17013 (717) 243-7922 cc: James J. Kayer, Esquire Attorney for Plaintiff Sharon Knapp, pro se Christopher J. Stout, pro se ,'" ,.;;:. 1-', . ~,. .. ,. JODI RUBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA : NO. 2000 - 1J.l.Q CIVIL TERM : CIVIL ACTION - LAW v. SHARON KNAPP and CHRISTOPHER J. STOUT Defendants : IN CUSTODY PETITION FOR CUSTODY COMES NOW, Plaintiff, Judi Ruby, by and through her attomey, James J. Kayer, Esquire and avers as follows: I. Plaintiff is Judi Ruby, an adult individual, residing at 305 Walnut Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Sharon Knapp, an adult individual, whose current address is 305 Walnut Lane, Carlisle Cumberland County, Pennsylvania, 17013. 3. Defendant Christopher J. Stout, an adult individual whose current address is 16 Berger Lane, Duncanan, PA 17020. 4. Plaintiff seeks custody of the following child: Name Present Residence Age Chantal Knapp, 305 Walnut Lane, Carlisle, Cumberland County, PA, bom November 11,1998. The child was born out of wedlock. The child is presently in the custody of the Plaintiff. During the past five years, the child has resided with the following person( s) at the below address( es): , . 1,_ ~ ~ ' c . . Birth until Present with Sharon Knapp and Judi Ruby, at 305 Walnut Lane, Carlisle, Cumberland County, Pennsylvania. 5. The mother of the child is Sharon Knapp, an adult individual whose current address is 305 Walnut Lane, Carlisle, Cumberland County, Pennsylvania. 6. The father of the child is Christopher J. Stout, an adult individual whose current address is 16 Berger Lane, Duncanan, Pa., 17020. 7. The relationship of Plaintiff to the child is that of the maternal grandmother. The Plaintiff currently resides with the following person(s): Name Relationship Steven Ruby Chantal Knapp Sharon Knapp Son Granddaughter Daughter 8. The relationship of the defendants to the child is that of natural mother and father. 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. 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 primary physical custody of the child to the Plaintiff. Plaintiff and Cumberland County Children and Youth Services share concerns regarding the Defendant's commitment to properly care for and supervise the child. 11. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, names below, who ., ~ . ,'", -.L " > ~ ,,' . " are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Plaintiff requests the court to grant custody of the child to Plaintiff. Respectfully submitted, Date: lame Atto Kaye Br 4 E. U' erty venue Carlisle, PA 17013 Superior Ct. LD. 50838 / , " _Ij.: VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel and not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 P A. C.S. S 4904, relating to unsworn falsification to authorities. Date: ,\011 _;?l :d~ cLlJdL d RyJo~ <~ r og '" ;:1. . ::::l.~'< QI'r', _"'0 ,," ;:l' -""0 ""-J.CD . -OJ I\:):J'~ ~C/Jm W'< . .' ,< -......I'm 'C c.o :J ,tT I\J -. CD ",,,,;:1. ~'< ";" 0< ~(1) "'OJ C (1) 'P 1:1" ~ III 2;,< (1) (I) ~, ~ 0'1ll ~,::s -0. () Q !Xl "'0, .., o 0 ~~ g ::s , (:: .:::::: ~~~~ ,-.:.;C ~~* ,.10.... ;5 - f.,) (".":.'1 c::'! 4\ " ., . . '1;' .'1 GS ~. :19' " Liberty Loft. '.{Q. g 2 -S- .c:,.. 'R::> ....... 0- ~ <l .' , Kayer and'BrQwn APrOfeSsionalCorporation .', ' 4 E. Uberty Aveoue . Carlisle, PA ,f.";"" "'. ,'(717)~4'3"7922 ' 170.13.' ,..,'. , '~ ~ ,'" { 1 f I f ........ -, ..- " ~ ~" , , JUDIRUBY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 00-726 CIVIL ACTION LAW SHARON KNAPP AND CHRISTOPHER J. STOUT V. CHRISTINA M. STOUT AND NORMAN T. STOUT, JR. DEFENDANT IN CUSTODY ORD.ER OF COURT AND NOW, Thursday, November 20, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before_,,!'lllll~rt X,c:;llr_oy~~q,__,__, the conciliator, at 4th Floor, Cumherland County Courthonse, Carlisle on Friday, December 12, 2003 at 10:30 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 defme 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 present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or peDllanent order. The court hereby directs the parties to furnish any and all existing Protection from Abnse orders, Special Relief orders, and Custody orders to the conciliator 48 honrs prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. 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 infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All an'angements 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 TI!E OFFICE SET FORTI! 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 ,li.~ :.1, j C^ ~'~' .- J"-_^iJ!r ,L-:-_ c_ ",'>_ > " Jf 'Ql r .z;3 J!. ;)U} :J /I-,;:)f '0..3 Fit ED""OFFlCE OFlr,{d,'TI ^"Y . : ,'./' -- rll1 03 NO\! 2 j Pi'! 3: 24 CWAPr=p, ",,-,,1. .,(> ".I'r' ;.,),::"L-,\U l,""'vuJ\1 ) PtNNSILVANIA M~~~'q~ ~~ ~ "6 rf(Y:~~ ~ ~ -a. #.~t:~ #, . , __!iilmlifI~I'Jli~.fltM~IlI_ ~ ", ,_, ' ~_,n_'_ ~ ~.M1j;",-"...,.:~", _~~~_Iffl\!J!!~, '-', , , ""'",,",,' -"'" .,;",-""","J' >., ~ ({ JUDI RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-726 CIVIL SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants CIVIL ACTION-LAW IN CUSTODY V. CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Additional Defendants/ Petitioners ORDER OF COURT AND NOW, this , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2003, at .M., for the Prehearing 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. Either party may bring the child who is the subject of this custody ~ J ~ ^ - J ~ action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, FA 17013 (717) 240-6200 . ,- -" "-~. ' ~ -~ . . '~-~ --', , ~~ JODI RUBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2000-726 CNIL SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants : CNIL ACTION-LAW : IN CUSTODY V. CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Additional Defendants / Petitioners PETITION FOR MODIFICATION AND NOW, come your additional defendants, Christina M. Stout and Norman T. Stout, Jr., by and through their attorneys, Pannebaker and Jones, P.C. and petitions the Court as follows: 1. Your Additional Defendants/Petitioners in this action are Christina M. Stout and Norman T. Stout, JR., paternal grandparents of Chantal M. Knapp, the child at issue in this matter. Your petitioners currently reside at 16 Berger Lane, Duncannon, Perry County, Pennsylvania. - ~ - _ ~_ '. r _ - ~ _l~,'~ Ji 2 . Your Respondent is Judi Ruby, maternal grandmother of the child at issue, an adult individual who currently resides at 305 Walnut Lane, Carlisle, Cumberland County, Pennsylvania. 3. Your Respondent is Sharon Knapp, mother of the child at issue, an adult individual who currently resides at 305 Walnut Lane, Carlisle, Cumberland County, Pennsylvania. 4. Respondent is Christopher J. Stout, an adult individual who currently resides at c/o Norman T. Stout Jr., and Christina M. Stout, 16 Berger Lane, Duncannon, Perry County, Pennsylvania. 5. On or about April 19, 2000, an Order of Court was entered granting primary physical and legal custody of Chantal M. Knapp, born November 11, 1998, to the Plaintiff/Respondent, Judi Ruby, maternal grandmother of Chantal M. Knapp, granting Defendant/Respondent Christopher J. Stout, and Christine and Norman Stout, your additional Defendants/Petitioners, periods of temporary physical custody with the minor child as set forth in said Court Order. A copy of said Court Order is attached hereto marked Exhibit "A" made a part hereof by reference thereto. ~ " ~~ " . e . 6. Paragraph twelve (12) of said Order provide that in the event either party desires to modify the Order, the party may petition the Court to have the case again scheduled with a custody conciliator for a Conciliation Conference. 7. Your Additional Defendants/Petitioners, although not named in the original action, were parties with rights under the order of April 19, 2000 above referred. 8. Your Petitioners are desirous of obtaining primary physical and legal custody of the child, Chantal M. Knapp and the Defendant/Respondent, Sharon Knapp and Christopher J. Stout, parents of Chantal M. Knapp, are also desirous and join in this petition. 9. A copy of a note from Defendant/Respondent Sharon Knapp registers no concern and supports your Petitioners' seeking primary legal and physical custody of her child. 10. Defendant/Respondent Christopher J. Stout, father of the child at issue and son of your Petitioners has also registered no objection to a change in primary legal and physical custody to your Petitioners. "c" " "'"' WHEREFORE, your Additional Defendants/Petitioners hereby request the Court enter an Order granting them primary physical and legal custody and granting temporary physical custody to all other parties, as the Court may deem proper. Respectfully submitted, PANNEBAKER AND JONES, P.C. Attorneys for Additional Petitioners Dated: !O,.(};)-o"j By: Peter R. Henninger, I.D. #44873 4000 Vine Street Middletown, PA 17057 Telephone: (717) 944-1333 Roes: Stout17947-PetitionToModify "-- ,'I' VERIFICATION We verify that the statements made in this Petition To Modify are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. :"/4904 relating to unsworn falsification to authorities. U~//U1-2J;;;) Christina Stout ~ --0. "L774Jl~11d~i::lr- 'Norman T. Stou 1 Jr. Res: Stout17947-Verification 1~!e6!2~~3 e8:29 7177958721 KEYSTONE AREA CNCL 1- ,,; ~, - PAGE 62 " z.. .It.':~_ ,- . ' APR 1 7 2000 rJ7 IUDI RUBY, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION. LAW NO: 2000.726 CIVIL IN CUSTODY Plaintiff v SHARON KNAPP and CHRISTOPHER]. STOUT, Defendants ~ AND NOW, this ~ day of April, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered I1lId directed as follows: l. The maternal grandmother, Judi Ruby, shall enjoy primary physical and legal custody of Chantal M: Knapp, born November II, 1998. 2.' The Father, Christopher 1. Stout, and the paternal grandparents, ChriSline and Nonnan Stout, shall enjoy periods of'temporary physical custody with the minor child as follows: . A. On alternating weekends from Friday at 5:00 p.m. until Sunday at 3:00 p.m. B. On the Thursday following the weekend they exercise custody from. , - 3:00 p.m. until 7:00 p.m., and on the Tuesday following the weekend they do nol have custody from 3:00 p.m. until 7:00 p.m. C. At such other times as agreed upon by the parties. 3. The Father and the paternal grandparents shall also enjoy custody on every Father's Day from 9:00 a.m. until 7:00 p,m. -me Mother and the maternal grandmother shall always enjoy custody on Mother's Day from 9:00 a.m. until 7:00 p,m. 4. On the Thanksgiving holiday, the Father and the paternal grandparents shall always have custody from 8:00 a.m. on Thanksgiving Day through 3:00 or 3:30 p,m. subject to the scheduling of the parties. The Mother and the maternal grandmother shall have custody from 3:00 p,m, or 3:30 p.m, through the end of the day. 5. For the Easter holiday, in Ihe event it is not the Father's weekend for custody, Father shall have custody on Easter Day from 2;00 p.m. until 7;00 p,m. In the event Easter occurs on the weekend Father does have custody, the child shall be returned to the Mother I1lId the maternal grandmother by 2:00 p,rn, on Easter Day. Exhibit "A" " .- .,.'. " . , ,,'( ~ .;; : LUIUO/4~~~ ~d:Lj I! / 1':101:1.'::::1 KEYSTONE AREA CNCL PAGE 133 I' ~ ,... " . - .' . . . r~r~.~l('::".. . ~~:~:p:' .... ,~ .... . 6. For ihe Christmas holiday, the Father and his parents shall always have CUStody of the minor child frolll 9:00 8.m, until 6:00 p,m. The Mother and the malernal grandmother shall enjoy, custody on Christmas Eve and Christmas morning and laler in the day on Christtnas Day after 6;00 p.m, 7, The Falher and the Mother and their respective parents shall be able to exercise some period of summer vacation with the minor child. They should give the other parties notice in advance and attempt to work oul summer schedules for when they can spend at feast one week with the child. . 8. This order contemplates that the Father shall exercise custody as set forth above in the presence of his parents, In the event the Father is not able to exercise eustody, Father's parents shall have authority to exercise custody pursuant to the schedule for Father as set forth above. 9, This order also contemplates the Mother will enjoy custody of the minor child purSUl1llt 10 the schedule that is afforded to the maternal grandmother as set forth above. In the event Mother is not aVililable durins that time, maternal grandmother shall have that period of custody. 10, Both parties shall keep the other parent and grandparents notified with respect to their address and phone number, Furthennore, in the event any party Is over night al another location during a time they have custody of the minor child, they shall notifY the other parent or grandparent of the address and phone number of where they will be with the minor child for purposes of emergency contact. ; II. The parties may agree between themselves to modify this order. However, absent an . ai!;r~cnt, this order shall controLI 12. In the evenl either party desires to modify this order, that pany may petition the Court 10 have the case again scheduled with the custody conciliator for a Conciliation Conference. 13. Attorney Kayer is directed to provide a copy of this order 10 the maternal grandmother IllId to lhe Mother and Allorney Morgenthal is directed to provide a copy of this order to the Father and the paternal ~~ar IS.,? ) I Ii T;I / II '~ 1i9.()O RK3 cc: Jamcs J, Kayer, Esquire Roger M, Morgenthal, Esquire ;:" " ,~ ,~ , .,- " , " ~ CERTIFICATE OF SERVICE A copy of the foregoing Petition To Modify has been served by sending a copy of record to the Attorney of Record: Roger M. Morgenthal, Esquire 95 Alexander Spring Road Carlisle, PA 17013 And James J. Kayer, Esquire 4 E. Liberty Avenue Carlisle, PA 17013 by depositing same in the United States mail, postage prepaid, in Middletown, Pennsylvania, this ~?~day of tJ~ , 2003. PANNEBAKER AND JONES, P.C. Attorneys for Plaintiff By: ~~U(~~ Peter R. He inger, Jr., Esquire LD.#44873 4000 Vine Street Middletown PA 17057 (717) 944-1333 res: Stout17947-CertofService ";'~-',--, -.-'. i' "' .~ ~ '. 1- p .-tg. ~ ~ - ~ ~ J::: -t ?v fJ ..c -.) D ~ -.:L ~~ " . , "~, , , ,-,' 8 frT i:5i~;: f'.) ~CJ zC) ~ "".0 -'. ,,;---..c~ :2 --; -< :::> -(.0 ~-- C) w "'J ~~ ~n', r,::> --{ "< ! ~~5 ',-) L :.~'jC) ~ ~~ ~c..: ~ ".~ re J _ ilUlI'UUUtI-lal '."'-' -., ~" , ~- .'0_" ';',~i-'-,"~" "'-'-.4,0 -. - -, ' -:-1," - ~' -,-'-"'-'1 JUDY RUBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF . : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHER 1. STOUT, Defendants : NO. 2000 - 726 CIVIL : IN CUSTODY ORDER OF COURT AND NOW, this _ day of ,2003, upon consideration of Plaintiff JUDY RUBY's Preliminary Objections filed in this matter, the Court directs that: 1. Judy Ruby shall file a brief in support of her Preliminary Objections on or before 2. Defendants Sharon Knapp and Christopher 1. Stout shall file a brief in opposition to the Preliminary Objections on or before 3. Argument shall be before the undersigned on , at , in Courtroom no. By the Court, J. ~' " -". - ,-- '" ~ 0: '" 1(,-- , . -J: ~" .' JUDY RUBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHER 1. STOUT, Defendants : NO. 2000 - 726 CIVIL : IN CUSTODY PRELIMINARY OBJECTIONS OF PLAINTIFF JUDY RUBY TO THE PETITION FOR MODIFICATION PURSUANT TO Pa.R.C.P. Q Q 1028(5) Comes the Plaintiffi'Respondent, Judy Ruby, and pursuant to Pa.R.C.P. ~ ~ 1028(5) and 1915.15, files these preliminary objections to the Petition for Modification and avers in support as follows: 1. The instant matter before the Court is a custody action. 2. Plaintiff (hereinafter "Maternal Grandmother") is the maternal grandmother of the subject child, Chantal M. Knapp, (hereinafter "the Child"), born November 11, 1998. 3. Defendant Christopher 1. Stout (hereinafter "Father") is the father of the Child. 4. Defendant Sharon Knapp (hereinafter "Mother") is the mother of the Child. 5. Christine and Norman Stout (hereinafter "Paternal Grandparents") are the paternal grandparents of the Child. 6. By Order of Court dated April 19 , 2000, Maternal Grandmother was granted physical and legal custody ofthe Child (See attached Exhibit "A"). Mother and Father were granted periods of temporary physical custody. Paternal Grandparents were granted visitation with the Child while the Child was in the ,!ustody of Father or if Father were unable to exercise his custody, Paternal Grandparents would have the custody periods Father would otherwise have had. 7, Paternal Grandparents filed A Petition for Modification on November 12,2003 (See ;; ~ '-"'-' '" .'_'":__..c".",,,,<,;"~s 'i' G:,_,,- "J~",,",~ ~ ,-,'-::L,:,i', ""'.., L -,,,,'~;~~,~ .. attached Exhibit "B"). In their Petition for Modification, Paternal Grandparents request primary physical and legal custody of the Child. 8. Maternal Grandmother was served with the Petition for Modification on or about December 4,2003. COUNT 1 9. Paternal Grandparents were not parties to the original custody action. 10. Intervening as a party litigant is the only way that a third party can acquire standing in a pending action so as to be able to modifY a judgement or decree. Freeman v. BehrmlID, 161 Pa. Super 564, 566, 55 A2d 881 (1947). 11. Paternal Grandparents did not move to intervene in this action. 12. Paternal Grandparents do not have standing to Petition for Modification of the Custody Order dated April 19, 2000. WHEREFORE, because paternal grandparents do not have standing to Petition for Modification of this Court's prior Custody Order, the Petition for Modification should be dismissed. COUNT 2 13. Pursuant to Pa.R.C.P. 19l5.3(e), a grandparent seeking physical and/or legal custody of a grandchild pursuant to 23 Pa.C.S.A. S 5313(b) must plead facts establishing the elements of a cause of action under SS 5313(b)(1), (2), and (3). Here, the Petition for Modification does not allege facts establishing the elements of a cause of action under 23 Pa.C.S.A. s5313(b ). 14. Pursuant to 23 Pa.C.S.A. S 5313(b), a court may award physical and legal custody to a grandparent when the grandparent has assumed the role and responsibilities of the child's parent for 12 months. Here, Grandparents' Petition for Modification does not aver that w .n" n .. ,"'-, '~,_ d'", h;' ,,,-,A.,".,,,., -," _,_.'"_t,,~i .. the child ever resided with them for any length of time. 15. Pursuant to 23 Pa.C.S.A. ~5313(b), a court may award physical and legal custody to a grandparent when the grandparent assumes the responsibility for a child who has been determined to be dependant. Here, the child has not been determined to be dependant and Grandparents' Petition for Modification does not so allege. 16. Pursuantto 23 Pa.C.S.A..~5313(b), a court may award physical and legal custody to a grandparent who assumes or deems it necessary to assume responsibility for a child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness. Here, the child is not at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness and Grandparents' Petition for Modification does not so allege. WHEREFORE, because the Petition for Modification fails to set forth grounds upon which a grandparent may be awarded primary physical and legal custody of a grandchild, the Petition for Modification should be dismissed. Respectfully submitted, ~~lZtI Georgi L. Reed ' Certified Legal Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243 - 3696 - - '"~ - '''', ,,,;:,,;", ~- " -- oc.',- ---". -",--";"-,,,,,,,", ~'" .' EXHIBIT A I .- "," ~".- ,', ~ " I JUDI RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-726 CIVIL v SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND.COUNTY CIVIL RULE OF PROCEDURE 19l5.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Chantal M. Knapp, born November 11,1998. 2. A Conciliation Conference was held on April 6, 2000, with the following individuals in attendance: The natural Mother, Sharon Knapp; who appeared without legal counsel; the Father, Christopher J. Stout who appeared with Roger M. Morgenthal; and the maternal grandmother, Judy Ruby, with her counsel, James J. Kayer, Esquire; and the paternal grandparents, Christine and Norman Stout, who were also represented by Attorney Morgenthal. 3. The parties agree to the entry of an order in the form as attached. lj ( ("II Vb ~ r..----.'. , i APR 1 7 2000 f/J JODI RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 2000-726 CNIL v . SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants IN CUSTODY COURT ORDER AND NOW,this /9+hday of April, 2000, upon consideration of the attached CUstody Conciliation Report, it is ordered and directed as follows: I. The maternal grandmother, Judi Ruby, shall enjoy primary physical and legal custody of Chantal M. Knapp, born November 11, 1998. 2. The Father, Christopher J. Stout, and the paternal grandparents, Christine and . Norman Stout, shall enjoy periods of temponuy physical custody with the minor child as follows:' .... .. d'. . ',"', ~ A. . """"',.'- .- ," ,--' \. ',",.-, ; ,Onalteniating weekendS from Friday . at5:00p.m.iintil. Siinday at 3:00 p.m. B. On the Thursday following the weekend they exercise custody from. 3:00p.m. until 7:00 p.m., and on the Tuesday following the weekend they do not have custody from 3:00 p.m. until 7:00 p.m. C. At such other times as agreed upon by the parties. 3. The Father a,,,d the paternal grandparents shall also enjoy custody on every Father's Day from 9:00 am. until 7:00 p.m. The Mother and the maternal grandmother shall always enjoy custody on Mother's Day from 9:00 a.m. until 7:00 p.m. 4. On the Thanksgiving holiday, the Father and the paternal grandparents shall always have custody from 8:00 a.m. on Thanksgiving Day through 3:00 or 3:30 p.m. subject to the scheduling of the parties. The Mother and the maternal grandmother shall have custody from 3:00 p.m. or 3:30 p.m. through the end of the day. 5. For the Easter holiday, in the event it is not the Father's weekend for custody, Father shall have custody on Easter Day from 2:00 p.m. until 7:00 p.m. In the event Easter occurs on the weekend Father does have custody, the child shall be returned to the Mother and the maternal grandmother by 2:00 p.m. on Easter Day. "" J'"'~ "",,,'- .~~. W~_. I-,~ , 6. For the Christmas holiday, the Father and his parents shall always have custody of the minor child from 9:00 a.m. until 6:00 p.m. The Mother and the maternal grandmother shall enjoy custody on Christmas Eve and Christmas morning and later in the day on Christmas Day after 6:00 p.m. 7. The Father and the Mother and their respective parents shall be able to exercise some period of swnmer vacation with the minor child. They should give the other parties notice in advance and attempt to work out summer schedules for when they can spend at least one week with the child. 8, This order contemplates that the Father shall exercise custody as set forth above in the presence of his parents. In the event the Father is not able to exercise custody, Father's parents shall have authority to exercise custody pursuant to the schedule for Father as set forth above. 9. This order also contemplates the Mother will enjoy custody of the minor child pursuant to the schedule that is afforded to the maternal grandmother as set forth above. In the event Motheds not available during that time, maternal grandmother shall have that period of custody. 10. Both parties shall keep the other parent and grandparents notified with respect to . their address and phone nwnber. Furthermore, in the event any party is over night at another location during a time they have custody of the minor child, they shall notifY the other parent or grandparent of the address and phone nwnber of where they will be with the minor child for purposes of emergency contact. 11. The parties may agree between themselves to modifY this order. However, absent an agreement, this order shall control. . 12. In the event either party desires to modifY this order, that party may petition the Court to have the case again scheduled with the custody conciliator for a Conciliation Conference. 13. Attorney Kayer is directed to provide a copy of this order to the maternal grandmother and to the Mother and Attorney Morgenthal is directed to provide a copy of this order to the Father and the paternal grandparents. cc: James J. Kayer, Esquire Roger M. Morgenthal, Esquire BY THE COURT, !S/ 84/),) /J 41;/ T"'UI:' ~ni:iY I:P0\A Q!;:rrDD f''\. .... l..~s" 1, I,. ~ - " ;.r! ~".... -.,_-" .'. .l.' In Testimony wh::fwf, I n.fc unto Set my hand ~an~ the ~a9~laid rourt at arli~le pa,~ T.~: ...'.'............. ..~.,...........'.... ' ........ . , Prothonotary ,jll 1_' - ,~,'" ."..-.' .. -" ,-, '" 'r'~,:-:' - '~, EXHIBIT B -~ ,> -, ~ I \ JUD! RUBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF. ; CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-726 CIVIL V. SHARONKNAl'P l'md CHRISTOPHERJ. STOUT, Defendants : CIVIL ACTION-LAW : 1N CUSTODY ?:' CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Additional Defendants I Petitioners PETITION FOR MOl)1J'XCATI0N e <;;,J .~ <..1 ~I ~ "" <: f'I1~ ~~ .,,~ N =;~r :1>0 ~:+i ~o :r s8 .- 1l<'o - ~m . ?J . ,. ;, ..~ . .C..> AND NOW, come your additional defendants, Christina M. Stout and Norman T. Stout, Jr., by and through their attorneys, Pannebaker and Jones, P.C. and petitions the Court as fOllows; 1. Your Additional DefendAnts/Petitioners in this action dL.e ChL'isLilla M. Stout and Norman r. Stout, JR., paternal grandparents of Chantal M. Knapp, the child at issue in this matter. Your petitioners currently reside at 16 Berger Lane, Duncannon, Perry County, Pennsylvania. "~ 2. Your Respondent is Judi Ruby, maternal grandmother of the child at issue, an "rll11t i 1'lrli vi r1111ill who r.11rr,'mr.1 y r",,,,i des at 30~ Wdlnut Ldne, Carlisle, Cumbe~land County, Pennsylvania. 3. Your Respondent is Sharon Knapp, mother of the child at issue, an adult individual who currently resides at 305 Walnut Lane, Carlisle, Cumberland County, Pennsylvania. 4. Respondent is Christopher J. Stout, an adult individual who currently resides at c/o Norman T. Stout Jr., and . Christina M. SLuuL, 16 aE;;L<,!"'L. Loin"" Dunc"ll1non, PeLLY CuunLy, Pennsylvania. 5. On or about April 19, 2000, an Order of Court was . entered granting primary physical and legal custody of Chantal M. Knapp, born November 11, 1996, to the plaintiff/Respondent, Judi Ruby, maternal grandmother of Chantal M. Knapp, granting Defelldant/Respuml<lIlL Clu:.LsLu!-'llE;;.l. J. Stout, dnd Clu:lsL.ill", "au Norman Stout, your additional Defendants/Petitioners, periods of temporary physical custody with the minor child as set forth in said Court Order. A copy of said Court Order is attached hereto marked Exhibit "A" made a part hereof by reference thereto. T"!7-n n/ql'lri 177.>':-.1. -WO~d 8v:IT 80,-S0-ZT 00i C_" I. ~~ ~ ( " , . 6. Paragraph twelve (12) of said Order provide that in th.. ..veal elLheL. pd.r:Ly <.1",:;1.r:",:; Lu mudify the Order, the party may petition the Court to have the case again scheduled with a custody conciliator for a Conciliation Conference. 7. Your Additional Defendants/Petitioners, although not named in the oriqinal action, were parties with rights under the order of April 19, 2000 a~ove referred. 8, Your Petitioners are desirous of obtaining primary physical and legal custody of the child, Chantal M. Knapp and the Defendant/Respondent, Sharon Knapp and Christopher J. Stout, parents of Chantal M. Knapp, are also desirous and join in this petition. 9. A copy of a note from Defendant/Respondent Sh~ron Knapp .r:",~i~ters no concern and supports your petitioners' seeking prim@ry legal and physical custody of her child. 10. Defendant/Respondent Christopher J. Stout, father of the child at issue and son of your Petitioners has also reqi~tered no obje~tion to a change in primary legal Rnn physioal custody to your ~ctitioncr3. T717-n ~t! I.lllri I7~P-l -WO~d 8v:r~ 80,-S0-2~ ~ ~, '< I , , ' WHF:RF:FnRF., your IIrlrlit.ionill np.fp.ndilnt.A/P~t.it.inn"'r'" h8r....,by request the Court enter an Order granting them primary phy:o;.i.<..:al and legal custody and granting temporary physical custody to all other parties, as the Court may deem proper. Respectfully submitted, PANNEBAKER AND JONES, P.C. Attorneys ~or Additional Petitioners Dated: 101.93);3 By: (21~ . Peter R. Henn~nger, Jr., Esqui.rp. I.D. *44873 4000 Vine Street Middletown, PA 17057 Telephone: ("IU) >l44-B33 Roes: Stout17947-PetitionToModify T.717-n 7T.JRVI,4 177>:-1 -wn~" ~17:T.r ~VI.-,VI-7r J:j ...:~ . .. , , , , VERIFICATION We verify that the statements made in this Petition To Modify are true and correct. We understand that false statements herein are made subject to the penalties of lB P".C.8.l\. ~4904 relating to unsworn falsification to authoritie;;. ~~*~.t5v- Christina ::;tout :lb-t-M..~~;'1 . Norman T. Sto I Jr. R~Or 6tQutl'~47-VQrification ~~~ ~ ~TJ~~T ~~~ T _LlnIJ.J' ~r.'TT 0171 CI7I_7T .. ~- ~ ~",.",I,_.......~ - .. Hit 06/20et3 08: 29 71 77958721 I. KEYSTONE AREA CNCL I. ! PAGE 02 z. . . ." APR 1 7 2000 rJ1 ....-.- < .. J. ; JUDI RUBY, . IN THE COURT 'OF COMMON PLEAS OF CUMBERLANDCOU'NTY, PENNSYLVANIA CIVIL ACTION - LAW .: NO: 2000-726 OVIL IN CUSTODY Plaintiff v SHARON KN.o'\l'P and CHRlSTOPHEJU. STOUT, Defendants ~ AND NO'M, this ~ day of April, ZOOO. upon consideratlon of the a&ched ClIItOdy Conciliation RepOrt, it is ord~red and directed as follows: . I. The maccmN gran~othet, Judi Ruby, Wil etlioy prlm!ll)' physical ancllepl. . . cUStod)'ofChlll181 M: Knapp, ~m November 11,1991. 2.. The Father, Christopher J. Stout, and the patcmal pandparoll18, Christine and Norman Stout, shall enjoy periods of temporuy physioal custody with the minor child ILS follows~ A. On II\temllling weeke!lds &om Frida)' at 5:00 p.m. until Sunday at 3:00 p.m. B. . On the Thursday following the wce~ they exercise custody from, . 3:00 p.m. until 7:00p.m., and on the Tuesday follOwing the weekend they do not have custo4yfrom 3:00 p.m.III\t117:00p.m. , C. At IlIcb olller tim.es lIS apd llpon b)' tho partie.. 3. Tbel'athcr and Ihe p&lemal granlipan:nls shall aha c:njo)' \luslod)' on every Pather's Day from 9:00 I,m, until 7:00 p,m, The Mother end the maternal grendmother shall always enjoy eu~lod)' on Mother's Day from !1:00 I.m. Wltil 7:00 p,m. . 4. On the Thal\ksgiving holiday, the Father and the patcri1al grandpal'ents shall always have custody from 8;00 a.m. on Thankllsiving Day thrgllgh 3:00 or 3:30 p.m. SIIbJllCt to th~ SCheduling of the parties. . The ~other sad me maternal grandmother Shall have c:uslody from 3;00 p.m. or 3:30 p,m. thtoughthe end.ot'the day. . ',' ," ,". . . . S. For the Easter holiday, in theavent it Is 1I0t the! Father's weekend for custody, Father shall have 1l1.llllody on ENler Day from 2:00 p.in. unlil 7:00 p,m. In the eveilt Easter occurs on the weekond Father does have clistod)',the child shall be returned 10 the . Mother and the maternal grandmolherby 2:00 p.rn, on Easter Day. '; . PI1-r1 7.T.i~I,j I17.R-l woad 0S:~~ S0.-S0-Z~ 1*. .w_~ .- ..._~,; 1~(~6{2003 68:29 7177~58721 . ", I' },iiiW . ..' .;....:.. , KEYSTONE AREA CNCL I P^Ge: B2 ~ . .. For the ChristmaS holiday. the Father lIlld his parents shall always halle CUlltldy 0' lhe minor child rrom 9;00 a,m. unlil 6;00 p,m. The Morher and the malemal srandmother ahall e!\ioy, cuslody on Chnstmas SlIe lII\d ChristmAS mominl and later in the day on Christmas Day after 6:00p.m, 7. The Father lII\d the Mctherand \hl:ir respective parenlS shall be able to exercise some period of summer vacation wilh the minor child, They should give lhe other panics nolice in advance and altemf'ltto work out summer schedules for when they can spend alleast one week with the child. . 6, 8. This order contemplates that tile Father shall exercise custody as set (0I'lh above in lJIepnlSence or his parents, IIllhe evenl die Father is IIOt able 10 exercise eUltady, Father's pa.rentG shall have authority to exercise custody pursuant CO the sehcdule for father as sel fonh above. . 9. This order also contemplates the Mothc:r will enjoy custody of the minor child PUI'IIIIMI to the ~hed\.lle that Is lIIforded to che matctnal 8nmdmother IIll Jet form above. In the eller'll Mother is nol avllllabledwing that time. malema! snndmother shall halle thaI period ofc:ustOdy. 10. Both parties shall keep the other parenl and grandpatenlS notified with respect to their Ilcldress and phone number. Furthcrrnore,in the ovvnl an)' P8tlY Is oyer night at anOlher location durinG a time tlle)' have custody oCtile lIIillor child. they shall notify the other p&rCnt or grandparent of the. address and phone Ilumber of Where they will be with the minor child for purposes of emerlency contact. ~ . II. The panics may agree between themselves 10 modify this order. However, absent all . a~~enl, this order shall contro!.l 12. In the event either party desires to modify this order. that jluty may petition the CO\li1 Kohill/I; the I;ase. asainscheduled . With . tile cUstody conciliator. for. a Conciliation, Co~rence. . 11 Attorney KlIyer is directed 10 provide a cop)' of this order to the rnalcmal gl'lUldmother and to the Mother and AlIomey Morsenthal is directed to provide a copy of this order to the Fluher and the palcrnalll~J1. ~~? . , I I,. . By',THE CO Tj I ,/ ... . i fl. ~ . ...~.... . . . . ". . . . "/?~()O.. . .. HKS CC: . James J, Kayer, Esquire kuger M. Morgenthal. Esquire T"'~,_1i 7T I1'T j :J::i7C'_ t -WOHd TS:TT 80,-S0-ZT III ~._.- !. ! ,\ . . " . . , CERTIFICATE OF Slav:cCE A copy of the foregoing Petition To Modify has been served by sending a copy of record to the Attorney of Record: Roger M. Morgenthal, Esquire 95 Alexander Spring Road Carlisle, PA 17013 And James J, Kayer, Esquire 4 8. Liberty Avenue Carlisle, PA 17013 by depositing same in the United States mail, postage prepaid, in Middletown, pennsylvania, thitl ~ ddY vr O~ ' 2003, By: PANNEBAKER AND JONES,P,C. Attorneys for Plaintiff tf)d/J l~(1~ Peter R. ~nger, Jr., Esquire I. D. #44973 4000 Vine Street Middletown FA 17057 (717)944-1333. rea: Stout17947-CertofService Ph-II 7Un,.l 177~-J. -WOH~ 7.~:T.T. S~,-9~-ZT. ml .. ~" , JUDY RUBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHER 1. STOUT, Defendants : NO, 2000 - 726 CIVIL : IN CUSTODY CERTIFICATE OF SERVICE I, Georgia L. Reed, hereby certify that I am serving a true and correct copy of Defendant' s Preliminary Objections on the following person, counsel for defendants, by depositing a copy of the same in the United States mail, postage prepaid, this 9th day of December, 2003, Peter R. Henninger Four Thousand Vine Street Middletown, P A 17057 dVJ~c:f~A ~ Georgia L. Reed Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 (717)243-2968 Fax: (717)243-3639 Iiiiii'" ~_. ~ ._,0_ L~~~~~ " 0 <:::> 0 c: {,..) s::: -n r::J "'tJ\J:' (""1 """ mrTI f;:ji:S Z;XJ ,.., Ze-- , 2~Y w~ "" -<""--- ~o -"0 ~'"-j l.,,,J ::!::""> ~~~ ""'t5 .~. >c: ~, '-, z ~ =< r. Cl -< ~~ ,^L~_N~ "- ., . 0..__'" _""~'~~"'c5"~_~"'_'."-'- \-"-~,,,,,;;,,i->,";,,,. -. ;>_-',':"'..,- ",",-01"''':;' .'Co>, " rv OEe ~003 JUDI RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CML ACTION - LAW SHARON KNAPP and CHRISTOPHER.T. STOUT, Defendants v NO. 2000 -726 CIVIL CHRISTINA M. STOUT and NORMAN T. STOUT, JR. Petitioners : IN CUSTODY COURT ORDER AND NOW, this "Z5\ day of December, 2003, upon consideration of the attached Custody Conciliation Report and in light of the Preliminary Objectious filed in this case protesting the standing of the Paternal Grandparents to seek custody of the minor child Chantal M. Knapp, and in further cousideration of the facts the parties have stipulated to as set forth in the attached custody conciliation report, it is ordered and directed as follows: 1. Counsel for the Maternal Grandmother shall file a brief with the court on or before January 26, 2004 addressing the sole issue involving the Preliminary Objections as set forth in the attached custody conciliation report. 2. Counsel for the Paternal Grandparents shall file a repose brief on or before February 9, 2004. 3. Upon receipt of the briefs, the court will decide if oral argument will be scheduled in this matter. In the event the preliminary objections are dismissed, the court will issue an order scheduling this case for a hearing. J. cc: Peter R. Henninger, Jr., Esq re 7 c.. ~ r Jd..... d-1 /6~ JlI6 Erin Benson Dickinson School of Law Family Law Clinic ill.' ::-.'-.. ~;~~ k (~~ !i! ;-!J;.5? "1+-'......... .0 Cjo' '-'-'0;: ~~t!..J --,,- K:: 0_ o c,., (\; <:..> C:..t C::i riJ ~ ~ ... " ::--\1 -- ~-~ c::S -..... .,.- "'C ~r :-,~),,2 '>- _, ~ . _ , ,__c_ ,,'.," ,_"~. ,,_ _,_~__ "..;;",<' .' _,_' <.C-'"__' <,~,~ ,-~,~, ,-'o' ,-co' . ,,,-,,,., <"- - ~"., ,.",;;;;,,:"> ':':""J.~. ,.",';, JUDI RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SHARON KNAPP and CHRlSTOPHERJ. STOUT, Defendants v NO. 2000 -726 CIVIL CHRISTINA M. STOUT and NORMAN T. STOUT, JR. Petitioners : IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITII THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the child who is the subject of this litigation is as follows: Chantal M. Knapp, born November 11, 1998. 2. A Conciliation Conference was held on December 18, 2003, with the following individuals in attendance: The Maternal Grandmother Judi Ruby, with her representative, Erin Benson, of the Dickinson School of Law Family Law Clinic; the Paternal Grandparents Christina M. Stout and Nonnan T. Stout, Jr., with their counsel Peter R. Henninger, Jr., Esquire; and the Father Christopher J. Stout and the Mother, Sharon Knapp, who appeared without counsel. 3. The history of this case is that the Mother, Father, Maternal Grandmother and Paternal Grandparents appeared before the conciliator in April of 2000 at which time an agreement was reached whereby the court entered an Order granting the Maternal Grandmother legal and physical custody of the minor child and provided the Father and Paternal Grandparents various periods of temporary physical custody including alternating weekends and other times. Essentially, the child has remained with the Maternal Grandmother and the Paternal Grandparents have been visiting the child, along a schedule that appears consistent with a parental visitation schedule that may be set up in a custody case. ~ -," . ,~' -""-,-, --'".-- -~'Y." J"o<,~'-"l'_,,_~ -~-~k.",-~..~'"-, "";i,,,,'j6'~' ~'_""" ,',- 4. Paternal Grandparents now feel the child is better off living with them for a variety of reasons that do not need to be addressed in this Conciliation Report, and the Paternal Grandparents have tiled a Petition seeking primary physical custody of the minor child. The Maternal Grandmother's attorney has tiled Preliminary Objectious snggesting fue Paternal Grandparents do not have standing to seek custody. 5. Relative to the procedural issues, the parties essentially agree that the narrow issue is as follows: Where a Maternal Grandparent enjoys primary physical and legal custody of a grandchild and the Paternal Grandparents enjoy periods of temporary physical custody with the grandchild pursuant to the same Order of Court, do the Paternal Grandparents have standing to seek primary custody of the minor grandchild as against the Maternal Grandparent? 6. For purposes of disposition of the Preliminary Objections, the parties have agreed to the following stipulated facts: A. AIl of the parties, including the Mother, Father, Maternal Grandmother and Paternall Grandparents appeared at a custody conciliation conference in April of 2000 and agreed to the entry of the April 19, 2000 Order of Court, a copy of which is attached hereto and marked Exhibit" A" . B. Since April of 2000, the Maternal Grandmother has enjoyed primary physical and legal custody of the minor child Chantal M. Knapp, born November 11, 1998 pursuant to the Order of Court. C. Since April of 2000, the Paternal Grandparents have enjoyed periods of temporary physical custody with the minor child pursuant to the Order which included alternating weekends, some evenings and other times the parties agreed. D. The Paternal Grandparents were not named as a party in the caption of this case in 2000. However, they attended the custody conciliation conference and they were specifically granted periods of temporary custody pursuant to the April 19, 2000 Order. " , '" ~_ ~,'" .- .--_.,-,j" == -" > ",'-'_"-"-k,,,,,~ ,',i,'-=,_ci., - -j,d,,;';;;..i-',~.""- 7. Based UpOIll the above, the conciliator recommends the entry of an order in the form as attached. I~/~/ if) DATE ' ", , . ID: DEe 09'03 15:26 No.006 P.OS I)",. . APR 1 7 2000 tiJ roDI RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA eNIl. ACTION - LAW NO, 2000-726 CNIL v SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants IN CUSTODY COURT ORPRR AND NOW, tlJis --.!Jihday of April, 2000, IqlOn consideration of the attached Custody Conciliation Report, it is ordered fII1d directed Il8 follows: I, TIle maternal grandmother, Iudi Ruby, shall enjoy primary physical and legal eustody of Chantal M. Knupp, born November 1 ], ] 998. 2. '111e Father, Cluistopher J. Stout, and the patemaJ gmndpnrents, Christine and Nomlllll Stout, shallcnjoy. pcrj,;ds ()[ tciiiporal)' physiciil custody wi\h the tnit10r cJJild as follows:".. .. .. ..,.' .......,. ", I' ," .~, ," I A. '. ' ,."" .','. , .... . . . " . ..,...,...... .,'" I' ".. I : On ahemating weekends froinFriday lit 5:00 p.rn,: Until Sijn(lai at 3:00 p.m. n. On the '/'JllIrsduy following lhe weekend they exercise custody from. 3:00 p.m. unti! 7:00 p,m" and on tho nlesday followlllg the weekend IlleY do lIot huve cI1s(ody j1.om 3 :00 p.m. un1il 7;00 p.lll. c. At such othcr tirnm as agl'(lCd upon by the parties. 3, The FatJl~r and the pfltenml grAndparent' shall also erlioy custody on every Father's Day from 9:00 un. \lmii 7:00 p.rn, 1110 Mother and the rnatemal grandmother shall alway~ elUoy custody on Mother's Day fi'om 9:00 a,m. \lntil 7:00 P,llI. 4, On the 'Thanksgivingholiday, thc Father and the paternal grandparents shall always hilYe custody from 8:00 a.ll!. Oll 11lituksgiving Day throu~h 3 :00 Or 3:30 p,m. s\lbject to the scheduling of the parties, 111(: Mother and the matemal grlll1umolhcr shall have custody f1.om 3:00 p.m. oj' 3:30 p.lll. through the end of the day, 5, For the f'a.~lel' holiday, in thc event it is lIotthe Pathor's weekend ihr custody, Father shall have cllstody on Ea,\tcr Day fillll1, 2:00 P,ll1, lJn!il 7:00 p,m. In tho event Easter oe.CUrs on the weekend j'at!l<:!' does !lny.; custody, the child shall bc Tcturned to the Mother and the maternal g.ralldllwtlwr by 7:00 p.m. on Raster Day, EXHIBIT ~ (A' J> i , "'-',~- -""> . . 1D: DEe 09'03 15:26 No.006 P.09 6, For the ChrisUl1~s holiday, the Filtner and his parents shall always have custody of the milloI' child II-om 9:00 a.m. until G;OO p.m, The Mother and the maternal grandmother shall enjoy custody on Christmas Eve and Cluistmas morning nnd later in the day on Chrish11liS Day aller 6:0D p,m. 7. loc 11nthcr and the Mother and their respective parents shall he able to exercise some period of SIUluner vllcntioll with the minor child. They should give the other parties notice in advance nnd attempt to work out summer schedules for when they can spcnd at lellSt one we,ck with the child, 8, This order contemplates that the Father shall exercise custody as set forth above in the presenee of his parents, In the event the Father is not able to exercise custody, Father's parents shall have uuthority 10 exorcise custody pursuant to lhc schedule for Father as set forth nhove, 9, nus order also eontemplutcs the Molh.er will enjoy custody of the minor ehild pursuant 10 the schedule that is ufToTdcd to the maternal grandmother as set forth above. In the event Mothcr is not available during that time, maternal grandmo1l1er shall have that period (If e\'s1ody. 10, Both parties shall keep the other parent and grandparents notIfied willll'CSpect tn ...their address mId phunc !lumber, Flltthermore, in the event any party is over nigtlt at llllother location d\uillg II time tllCY have cUMody of the minor child, they shall notify thc other parent or grundparcnt of th,' address and plume !lumber of where they will he with the minor child for plll'poses of emergcncy contact. 11. The pouties may agree between tl1C)1lselve.~ to modify this order, However, absent an agrecment, this order shall control. . 12. 111 the event either party desires to modify this order, tl,at party may petition the COllrt to havc the cese lignin sd1cdulcd with the c\lstody conciliator for' a Conciliation Conlercnee. 13. Attorney Kayer is dit\}cted to provide It copy of ihis order to the maternal grandmother flnd to the Muther and Attorney Morgcnthal is directed to provide u copy of this order to .t.he Futher and !he pntcomal gra.ndparents, BY THE COVltr, ee: J!ll11eS J. Kllye,r, Esquire Roger M, Morgenlhal, RSCjuirc 13/ /?j~ ) !J I~CJj---... - . l'Ol)'" ,.'......Ov l:"('~~ ,,~"""ry" r\ I.. 1;..'\';1' _,. -', '. ,',j.,"..:'. r\../ Inll.!st;mor:y \'-.'hL'tu.dl I h.l') unll' :::~t r.1Y hand anda'hr\ 5.'~.a~ (J'~ S(lid.~O!)rt '~':' <Jili:llC Pa. _ . 'JI.fj 19f),~'.-iAffl ~() 11~ ".."" d -r~1,." J-.. ./ ~7 . AJIH . ^ .- j.~.",w~IJl""p4mJ..."^ ~~I' I ProlhGnotary ! 21 .~ ID: DEe 09'03 15:26 No.006 P.O? . JUDY RUBY, Plaintiff IN THB COURT OF COMMON PLHAS OF CllMBRRLAND COUNTY, PENNSYI,VANIA CIVIL ACrrON . LAW v SHARON KNAPP and CHRISTOPHERJ. STOUT, Defendants NO, 2000-726 CIVIL IN CllSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT lN ACCORDANCE WITH TIiE CUMBERLAND. COUNTY CIVIL RULE OF PROCEDURE J915.3-8(b), the undersigned Cu.~lody Conciliator submits the following report: 1. The pertinent infonn.1tion pcttainillg to the child who is the ~ubjeet of tllis litigation is as follows: Chantal M. Kl1ilPP. born NovcmOOT II, 1998, 2. A (;Qnci1ia!ion Conference was held 011 April 6, 2000, with the following individuals in al1endance: . The natural Mother, Sharon KllIl1>P; who ,Ippcarcd without legal counsel; the Father, Clu'islopher J. Stout wh() Ilppoarcd with Roger M, Morgenthal: and the maternal grandmother, Judy Ruby, with her counsel, James J. Kayer, E~quil'e; and the patelllal grandparents, Christine lInd Normllll Stout, WhD were also represented by Attorney Morgenlhal. 3, The patties agree tn the entry of un order in thc fDll11 as attllched. . ~~L(J~_ DArE ,... >1". ~ ~ JAN 2 2 2004 1) JUDY RUBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants : NO. 2000 - 726 CIVIL : IN CUSTODY ORDER OF COURT AND NOW, this Z2" day of <)a.1I"i 2004, upon consideration of Plaintiffs Petition to Withdraw Preliminary Objections filed in this matter, the Court directs that: 1. Plaintiff's Preliminary Objections filed on December 9, 2003 are hereby withdrawn. 2. The parties are no longer required to file briefs in this matter as directed by the Order of Court dated December 23,2003. By the Court, *' J. 't:1,..,- "1 . b'",,\ '.., F'Lr:OJ\I:;:rr-:i= j, V 11..."., OF !HE PF:OTHONOTNI'( 20U~ JAIl 22 PN 12: 33 C' '\.w>. --:-> -',"-1, ~ .- \' ';! Ii"'.!') 'jJ L,/i'l'''''J'''J 1/, "._,,' '.I,,"' I,.,,,,,,,'J. ~ . 'Dr-.'\J"~-;::'\fi \/~li\JI/\ I Li"1 '11.)1 !..,it/""\;111. - .. -'"",. ~11l' _~,,",_W<,_ ""~'1'''''' " -'- ""''''"''""'', ('f: . ~ "', 'cl .~ ~~ ~ -1 ~ ~, ~~ fi 1- .~ ~~ "~,~, . .~ " . ~"'.- - ".", :"Wv,", '_'"',n, --u.' ,"",S" ;:j,,";;',,"-t:..~,",_ --'...;':::j , " JUDY RUBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. ; CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHER ], STOUT, Defendants : NO. 2000 - 726 CIVIL : IN CUSTODY PETITION TO WITHDRAW PRELIMINARY OBJECTIONS AND CANCEL BRIEFING SCHEDULE I. Petitioner in this case is Plaintiff Judy Ruby. Petitioner (hereinafter "Maternal Grandmother") is the maternal grandmother of the subject child, Chantal M. Knapp, (hereinafter "the Child"). 2, Defendant, Christopher 1. Stout (hereinafter "Father") is the father of the Child. 3. Defendant Sharon Knapp (hereinafter "Mother") is the mother of the Child, 4. Christine and Norman Stout (hereinafter "Paternal Grandparents") are the paternal grandparents of the Child. 5. By Order of Court dated April 19 , 2000, Maternal Grandmother was granted physical and legal custody of the Child (See attached Exhibit "A"). Mother and Father were granted periods oftemporary physical custody. Paternal Grandparents were granted visitation with the Child while the Child was in the custody of Father or if Father were unable to exercise his custody, Paternal Grandparents would have the custody periods Father would otherwise have had. 6. Paternal Grandparents filed a Petition for Modification on November 12, 2003 (See attached Exhibit "B"). In their Petition for Modification, Paternal Grandparents request primary physical and legal custody of the Child. 7. Maternal Grandmother was served with the Petition for Modification on or about to; - ", -- ----~.-- <,.-",..-. - ..""'-"', ,< - ~, - ,'~ __ _'.'~>_"~O;;_"""__?''-' ,;'1-',,', ;,~'~'c;,~"-,-,,,-,,~'~'-:~'-','-1.~-'--'".",,C',,>,,/ "-, "j December 4, 2003. 9. On December 9, 2003, attorneys for Maternal Grandmother filed Preliminary Objections in the above-captioned matter (See attached Exhibit "C"). I O. Attorneys for Maternal Grandmother now seek to withdraw the Preliminary Objections filed in the above-captioned matter. 11. Pursuant to Local Rule 206-2, concurrence of opposing counsel was sought and opposing counsel concurs, WHEREFORE, Maternal Grandmother requests that this Court withdraw the Preliminary Objections filed on December 9, 2003 and cancel the briefmg schedule set forth in the Court Order of December 29,2003. Respectfully submitted, Jk;rp o!. r(2d' Georgia L. Reed Certified Legal Intern "kJaL ANNE 1\ ONALD-FOX ROBERT E. RAINS THOMAS PLACE LUCY JOHNSTON-WALSH Supervising Attorneys FAMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243 - 3696 ,^" -~~~--- "~ -- ~-.~ '" lill .t-,--_ .- JUDI RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants NO. 2000-726 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WIlli TIIE CUMBERLAND COUNTY CNIL RULE OF PROCEDURE I915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the child who is the subject of this litigation is as follows: Chantal M. Knapp, born November 11, 1998. 2. A . Conciliation Conference was held on April 6, 2000, with the following individuals in attendance: The natural Mother, Sharon Knapp; who appeared without legal counsel; the Father, Christopher J. Stout who appeared with Roger M. MorgenthaI; and the maternal grandmother, Judy Ruby, with her counsel, James J. Kayer, Esquire; and the paternal grandparents, Christine and Norman Stout, who were. also represented by Attorney Morgenthal. 3. The parties agree to the entry of an order in the fonn as attached. . '.. ld (IJ I 06 ~ ~.. exhibit A " ,'=-' ~" - .1 APR 1 7 2000 fIJ JUDI RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CML ACTION - LAW . SHARON KNAPP and CHRiSTOPHER 1. STOUT, Defendants NO. 2000-726 CNIL IN CUSTODY COURT ORDER AND NOW, this -1,Jihday of April, 2000, upon consideration of the attached CUstody Conciliation Report, it is ordered and directed as follows: I. The maternal grandmother, Judi Ruby, shall enjoy primary physical and legal custody of Chantal M. Knapp, born November 1 I, 1998. 2. The Father, Christopher J. Stout, and the paternal grandparents, Christine and .. Norman Stout, shallerijoy periods of tempol"lrr)' physical custody with the minor child as follows:.' ,.., ... .. . . ; , ' .. ., . -(.. ':"..' ~ . ,. " ,. A. . Onalterriating weekends froinFridayat5:()()p'.m.lintiISkd;,;y ~t 3:00 p.m. B. On the Thursday following the weekend they exercise custody from 3:00 p.m. until 7:00 p.m., and on the Tuesday following the weekend they do not have custody from 3:00 p.m. until 7:00 p.m. C. At such other times as agreed upon by the parties. 3. The Father a\'ld the paternal grandparents shaIlalso enjoy custody on every Father's Day from 9:00 a.m. until 7:00 p,m. The Mother and the maternal grandmother shall always enjoy custody on Mother'sDay from 9:00 a.m. until 7:00 p.m. 4. On the Thanksgiving'holiday, the Father and the paternal grandparents shall always have custody from 8:00 a.m. on Thanksgiving Day through 3:00 or 3:30 p,m. subject to the scheduling of the parties. The Mother and the maternal grandmother shall have custody from 3 :00 p.m. or 3 :30 p.m. through the end of the day. . . 5. For the Easter holiday, in theevent it is not the Father's weekend for custody, Father shall have custody on Easter Day from 2:00 p,m. until 7:00 p.m. In the event Easter occurs on the weekend Father does have custody, the child shall be returned to the Mother and the maternal grandmother by 2:00 p.m. on Easter Day. ,,- ~.,~~~~ cc: ~ DIili~i#-; 6. For the Christmas holiday, the Father and his parents shall always have custody of the minor child from 9:00 a.m. until 6:00 p.m. The Mother and the maternal grandmother shall enjoy custody on Christmas Eve and Christmas moming and later in the day on Christmas Day after 6:00 p.m. 7. The Father and the Mother and their respective parents shall be able to exercise some period of summer vacation with the minor child. They should give the other parties notice in advance and attempt to work out summer schedules for when they can spend at least one week with the child. 8. This order contemplates that the Father shall exercise custody as set forth above in the presence of his parents. In the event the Father is not able to exercise custody, Father's parents shall have authority to exercise custody pursuant to the schedule for Father as set forth above. 9. 1bis order also contemplates, the Mother will enjoy custody of the minor child pursuant to the schedule that is afforded to the maternal grandmother as set forth above. In the event Motherisnot available during that time, maternal grandmother shall have that period of custody. 10. . Both parties shall keep the other parent and grandparents notified with respect to ... their address and phone number. Furthermore, in the event any party is over night at another location during a time they have custody of the minor child, they shall notifY the other parent or grandparent of the address and phone number of where they will be with the minor child for purposes of emergency contact. 11. The parties may agree between themselves to modifY this order. However, absent an agreement, this order shall control. . 12. In the event either party desires to modifY this order, that party may petition the Court to have the case again scheduled with the custody conciliator for a Conciliation Conference. 13. Attorney Kayer is directed to provide a copy of this order to the maternal grandmother and to the Mother and Attorney Morgenthal is directed to provide a copy of this order to the Father and the paternal grandparents. James J. Kayer, Esquire Roger M, Morgenthal, Esquire BY THE COURT, !S/ ~/J,) /J Jij ~I RUI:" rn~y r.r:r~!\ p::rrDD l~ ..... '_-#,' , 1.~ ~ - I ': . ,', ". "..... ... In Testimony \,I,'h:~i€of, i iLr:; unto ss't my hand . ~:~>> ~a9~rd rourt at farii;le Pa, ;:;:;; 2d. p;","o"",,~~ :;" ~"~ ~~ I I JODI RUBY, Plaintiff ; IN THE COURT OF COMMON PLEAS OF. : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-726 CIVIL SHARON KNAl'P and CHRISTOPHERJ. STOUT, Defendants : CIVIL ACTION-LAW : IN CU~TODY )I.'. / . CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Additional Defendants I Petitioners .. PETITION FOR MOPIFlCATIO~ 8 .::R~ Z.JJ :z_. wC: ....;:;/.); EO ~o 5:8 ~ g; ..~ ~ ~ : if .~ :~C'5 ._ .c:...m .. ~ . e~ AND NOW, come your additional defendants, Christina M. Stout and Norman T. Stout, Jr., by and through their attorneys, Pannebaker and Jones, P.C. and petitions the Court as follows; 1. Your Additional Defend~nts/Petitionars in this Action d~e Cbristina M. Stout and Norman r. Stout, JR., paternal grandparents of Chantal M. Knapp, the child at issue in this matter. Your petitio~ers currently reside at 16 Berger Lane, Duncannon, Peery County, Pennsylvania. Exhibit 15 " [,_ 0 .' , ' . . 2. Your Respondent is Judi Ruby, maternal grandmother of the child at issue, an arll1H ; nrli vi rlll1l1 who ,',lIf'f'Ant.l y r",,,,i des at 30~ Wdlnut Lane, Carlisle, Cumberl~nd County; Pennsylvania. 3. Your Respondent is Sharon Knapp, mother of the child at issuel an adult individual who currently resides at 305 Walnut tanel Carlisle, cumberland County, Pennsylvania. 4. Respondent is Christopher J. Stout, an adult individual who currently resides at c/o Norman T. Stout Jr., and . Christina M. SLuuL, 16 a':.I.<;I",.t: Loine, Duncannon, PeLLY CounLy, Pennsylvania. 5. On or about April 19, 2000, an Order of Court was . entered granting primary physical and legal custody of Chantal M. Knapp, born November 111 1998, to the Plaintiff/Respondent, Judi Ruby, maternal grandmother of chantal M. Knapp, granting Defendant/Re::spundtlllL Clu:.bLuVlJ",l. J. Stoutl dnd ChLJ.sLln", duti Norman Stout, your additional Defendants/Petitioners, periods of temporary physical custody with the minor child as set forth in said Court Order. A copy of said Court Order is attached hereto marked Exhibit "A" made a part hereof by reference thereto. "~ ( 6. Paragraph twelve (12) of said O~der provide that in the evenL elLlleL pdLL.y <.l",,.J..cl;;!:; Lu mudify the Order, the party may petition the Court to have the case again scheduled with a custody conciliator for a Conciliation Conference. 7. Your Additional Defendants/Petitioners, although not named in the oriqinal action, were parties with rights under th~ order of April 19, 2000 above referred. S. Your petitioners are desirous of obtaining primary physical and legal custody of the child, Chantal M. Knapp and the Defendant/Respondent, Sharon Knapp and Christopher J. Stout, parents of Chantal M. Knapp, are also desirous and join in this petition. 9. A copy of a nota from Defendant/Respondent Sh~ron Knapp L."'yisters no conc;:ern and supports your petitioners' seeking primary legal and physical custody of her child. 10. Defendant/Respondent Christopher J. Stout, father of the child at issue and son of your Petitioners has also reqistered no objection to a change in primary legal ann physical custody to yeur ~otitioncr3. " _.....-- I~ ., , ' " ' WHF:RF:pnRp., ynllr IIrlrlit.ionlll Dp.fp.ndllnt.fl/Pp.t:H.innF!r", h8r.eby request .the Court enter an OJ:der gJ:anting them primary phy;;J.c..:al and legal custody and granting temporary physical custody to all other parties, as the Court may deem proper. Respectfully submitted, FANNEBAKER AND JONES, P.C. Attorneys for Additional Petitioners Dated: lob 3);3 By: (j1~. . Peter R. Henn~nger, Jr., Esqutrp. r.D. #44873 4000 Vine Street Middletown, PA 17057 Telephone: ("111) ':l44-U33 Roes: Stout17947-PetitionToModify , ....-;, " . , " ' VERIFICATION' We vedfy that the statements made in this Petition To Modify are true and correct. We understand that false statements herein are made subject to the penalties of 18 PM .C.S..1\. ~4 904 relating to unsworn falsification to authorities. (;L~1tfv2 65v- Christina t>tout Pc>t-Ma~~d,t . Norman T. Sto , Jr. ReOI 6to\.lt.l;947-V.nrifiaat:.:io!". ~ ~.- -....w,. .'. JUDY RUBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants (') Cl C (-/>J .... <::) -caS --,~ CD rD n ~E:~ ~::':_-~:: \.0 ~CJ "'-~J PRELIMINARY OBJECTIONS OF PLAINTIFF JUDY RUBY TO T1j8R -' PETITION FOR MODIFICATION PURSUANT TO Pa.R.C.P. & & 102li(5! ('...) ;l r.:- :.... 0 Comes the Plaintiff/Respondent, Judy Ruby, and pursuant to Pa,R.C.P. ~ ~ 1028(5) and : NO. 2000 - 726 CIVIL o -n : IN CUSTODY :::J -',"'j F~'~ .--"-'\. ;~:'J ~~~-~~ ~~ ,- " ~./ C) ;~ r~! ~ :< 1915,15, files these preliminary objections to the Petition for Modification and avers in support as follows: 1. The instant matter before the Court is a custody action. 2. Plaintiff (hereinafter "Maternal Grandmother") is the maternal grandmother of the subject child, Chantal M. Knapp, (hereinafter "the Child"), born November 11, 1998. 3, Defendant Christopher 1. Stout (hereinafter "Father") is the father of the Child. 4; Defendant Sharon Knapp (hereinafter "Mother") is the mother of the Child. 5, Christine and Norman Stout (hereinafter "Paternal Grandparents") are the paternal grandparents ofthe Child. 6. By Order of Court dated April 19, 2000, Maternal Grandmother was granted physical and legal custody of the Child (See attached Exhibit "A"), Mother and Father were granted periods of temporary physical custody. Paternal Grandparents were granted visitation with the Child while the Child was in the custody of Father or if Father were unable to exercise his custody, Paternal Grandparents would have the custody periods Father would otherwise have had, 7. Paternal Grandparents filed A Petition for Modification on November 12, 2003 (See Exhibit c "" .. ~ '1i#~', . . ' attached Exhibit "B"). In their Petition for Modification, Paternal Grandparents request primary physical and legal custody of the Child. 8. Maternal Grandmother was served with the Petition for Modification on or about December 4, 2003. COUNTl 9. Paternal Grandparents were not parties to the original custody action, 10. Intervening as a party litigant is the only way that a third party can acquire standing in a pending action so as to be able to modify a judgement or decree. Freeman v. Behrman, 161 Pa. Super 564,566,55 A2d 881 (1947). II, Paternal Grandparents did not move to intervene in this action. 12. Paternal Grandparents do not have standing to Petition for Modification of the Custody Order dated April 19, 2000. WHEREFORE, because paternal grandparents do not have standing to Petition for Modification of this Court's prior Custody Order, the Petition for Modification should be dismissed. " COUNT 2 13. Pursuant to Pa.R.C,P, 1915.3(e), a grandparent seeking physical and/orlegal custody ofa grandchild pursuant to 23 Pa.C,S,A. S 5313(b) must plead facts establishing the elements ofa cause of action under SS 5313(b)(I), (2), and (3). Here, the Petition for Modification does not allege facts establishing the elements of a cause of action under 23 Pa,C.S.A. S5313(b), 14, Pursuant to 23 Pa.C,S.A. S 53 13 (b), a court may award physical and legal custody to a grandparent when the grandparent has assumed the role and responsibilities of the child's parent for 12 months. Here, Grandparents' Petition for Modification does not aver that . -, ~ ->i-" the child ever resided with them for any length of time. 15. Pursuant to 23 Pa.C,S.A. S5313(b), a court may award physical and legal custody to a grandparent when the grandparent assumes the responsibility for a child who has been determined to be dependant. Here, the child has not been determined to be dependant and Grandparents' Petition for Modification does not so allege, 16, Pursuant to 23 Pa.C.S,A..S5313(b), a court may award physical and legal custody to a grandparent who assumes or deems it necessary to assume responsibility for a child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness, Here, the child is not at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness and Grandparents' Petition for Modification does not so allege. WHEREFORE, because the Petition for Modification fails to set forth grounds upon which a grandparent may be awarded primary physical and legal custody of a grandchild, the Petition for Modification should be dismissed. Respectfully submitted, a!~~~#ti Certified Legal Intern A FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243 - 3696 " ~~~ "' ~-~~""' 1~_~iD ,~, ,~~W -. ~....... . ~ . ,'C, ";r -~ -.~ .- - '. , (") ..., 0 C"" C c:::;) .. .r" ~, PS c..... ---1 IJ "" I::n , : filE- L Z .< , 1''' -a;..!{ >~ -" ........ ~; N 96 , .~ ::t+i :"~ ~"" .-p , , ~~('") ~ <=-:i ~ ..:;_.. c..~m 5.-> c: ill .--1 ,....-. .:.-; e.J S:J -< Ur -< -' -~ ,,'_,J,.,_,_ 'L' ,1-_ f JUDY RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SHARON KNAPP and, CHRISTOPHER J. STOUT, Defendants NO. 2000 - 726 IN CUSTODY CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Additional Defendants COURT ORDER AND NOW, this cfJ-e:I day o~, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The maternal grandmother Judy Ruby shall enjoy legal custody of Chantal M. Knapp, born November 11, 1998. 2. The maternal grandmother shall have primary physical custody of the child from September 1 until March 31 of each year. During such time, the paternal grandparents, Norman T. Stout, Jr. and Christina M. Stout, and the father, Christopher J. Stout, will have periods of custody with the minor child on allternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. and on every Wednesday evening at 4:00 p.m. until Thursday morning. 3. The paternal grandparents and father shall have physical custody of the child from April 1 until August 31 of each calendar year. During such time, the maternal grandmother will have periods of custody with the child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. and on every Wednesday evening at 4:00 p.m. until Thursday morning. 4. Paternal grandparents and father shall enjoy custody of the child on every Father's Day from 9:00 a.m. until 7:00 p.m. ", (' .' ~,' "-' ,-. -.~" .~. -~~.i 5. The mother shall enjoy visitation of the minor child on every Mother's Day from 9:00 a.m. until 7:00 p.m. under the supervision of the paternal grandparents. 6. On Thanksgiving, the paternal grandparents and the father shall have custody of the child from 8:00 a.m. until 3:00 p.m. The maternal grandmother shall have from 3:00 p.m. through the end of the day. 7. On the Easter holiday and in the event it is not paternal grandparents and father's weekend for custody, father shall have custody on Easter Day from 2:00 p.m. until 7:00 p.m. In the event Easter occurs on the weekend father does have custody, the child shall be returned to the maternal grandmother by 2:00 p.m. on Easter Day. 8. On the Christmas holiday, the paternal grandparents and father shall have custody of the child from 9:00 a.m. until 6:00 p.m. The maternal grandmother shall enjoy custody of the child on Christmas Eve night and Christmas morning until 9:00 a.m. and on Christmas night after 6:00 p.m. 9. Mother shall have supervised visitation with the child when the child is in the custody of the paternal grandparents by agreement of the parties. Mother shall notify the paternal grandparents at least one week before she wishes to exercise her visitation. 10. The maternal grandmother and the paternal grandparents shall each be able to have custody of the child for one week during the year during which time they may take the child on a vacation. The maternal grandmother and the paternal grandparents shall give each other advance notice of vacation schedules. 11. AIl parties shall keep each other notified of their addresses and phone numbers. 12. The parties may modify the custody arrangement as set forth above if the parties agree between themselves. Absent such an agreement, the terms of this custody order shall control. ~-.: !"" ' cc: . " _ ,', - "".,.' -'~-~d.- .,.1.__. '= 13. It is noted that this order is entered pursuant to an agreement reached by the maternal grandmother, father and paternal grandparents. The mother was not involved in the conciliation process because, apparently, she was out of the jurisdiction and did not involve herself in the proceedings. In the event the mother desires to modify this order or in the event either other party desires to modify this order, that party may petition the court to have the case again scheduled with the Custody Conciliator for a conference. 14. Counsel for the maternal grandparent shall eusure that a copy of this order and the accompanying report is served on the mother via regular mail and via certified mail, return receipt requested. BY CA1~ Judge Georgia L. Reed James B. Pannebaker, Esquire Sharon Knapp ~.~ 3-"<'.0'1 ~ 1"1' ~"~. III I ~-'""'~~"'iIfIIllliii1 ' d~1IIIl~W.11l1iilt1iii~ ., HlED-.OFF\C\: C.~ -II"~ [0(,1" ''''1' ",,'} 'V ;1 Ie. l'l~'l'~ i\"11j\UIr'-.\'''~ 20D4 it\\\ -2 ~iH II: 30 C: :I,i~: ,.. ,-'r'_' '>,I!V '"'" '~';'":"'..._ . ',_..'...;dl'~ ~ I Pc\jNSYlJ/,'\;\1if\ ~ " .-,. ~' ,.- ~- , 1'., . ',_..,","", ~ ~ MAR 0 1 2004 ~ JUDY RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SHARON KNAPP and, CHRISTOPHER J. STOUT, Defendants NO. 2000 - 726 CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Additional ])efendants, IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator spoke with the attorneys for the parties and, based upon that telephone conference, the Custody Conciliator recommends an order in the form as attached. :3( ( 0 Y DATE {]I/r} Hubert X. Gilroy sqnire Custody Conciliator \'. ..,'.... ~ " - :~- JUDY RUBY PLAINTIFF IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 00-726 CIVIL ACTION LAW SHARON KNAPP AND CHRISTOPHER J. STOUT V. CHRISTINA M. STOUT AND NORMAN T. STOUT, JR, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 01, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Conrthonse, Carlisle on Thursday, April 22, 2004 at 9:30 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 present at the conference. 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 aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR mE COURT. By: Isl Hubert X. Gilroy. 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 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 FORm 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 w' ~'.5 tY/ If "5 orr l/ . d -,1tf '-.^ FILEQ-(')FFICE , OF THE' PROTHONDTAHY ZOO~ APR -2 PN 3: 48 CU1"'H'"',~" 1""';:1 ('f'i'U'NTY ~'.,I' .l.." 'J "'" '.~'-" . fJ~~~f\jSYLV6NJA M.~~ ?J4~ '11~ ~ ~ ~ ~ cr:d>'~ ~~~ ;r:/.~~. !to..."..". ~: .'t ~, ;~ J ;{ '-,~rr'!llll~,JI'T. ,_ l"'I'~I:Sl,j\J!lllh"" ,_, ~ ~ ~<~ ~ IQ"III~ -~ --., . - v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW [{ JUDY RUBY, Plaintiff SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants NO. 2000-726 IN CUSTODY v, CHRISTINA M. STOUT and NORMAN T. STOUT, JR, Additional Defendants ORDER OF COURT AND NOW, , upon consideration of the attached custody petition, it is hereby directed that the parties and their respective counsel appear before , the conciliator at , on the day of 2004, at a,m./p.m., 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 present at the conference. 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 Date: Custody Conference Officer 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. , - - - >~~ ~".~ 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~ Elizabeth A. Hoffman, Esquire 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 JUDY RUBY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants NO, 2000-726 IN CUSTODY v, CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Additional Defendants PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes Defendant Sharon Knapp, by and through her attorney Elizabeth A. Hoffman, Esquire, to petition this Court for a modification of the custody order: 1, Petitioner Sharon Knapp ("Petitioner) is an adult individual who resides at 342 Washington Avenue, Apartment #1, Mifflintown, Pennsylvania 17059. 2. Petitioner is the natural mother of the minor child Chantal M. Knapp ("the child"), born November 11, 1998. 3, Plaintiff Judy Ruby ("Plaintiff') is Petitioner's mother and resides at 305 Walnut Lane, Carlisle (Cumberland County), Pennsylvania 4, Defendant Christopher Stout ("Defendant Father"), an adult individual, is the natural father of the child. 5. Defendant Father's last known address is 16 Berger Lane, Duncannon (Cumberland County), Pennsylvania, 6, Additional Defendants Christina Stout and Norman T. Stout, Jr. ("Additional ,. ""~" I ,._ , , '~ 1",- Defendants"), adult individuals, are the paternal grandparents of the child. 7. Additional Defendants' last known address is 16 Berger Lane, Duncannon (Perry County), Pennsylvania. 8, Until recently, Plaintiff Judy Ruby, Petitioner's mother, had primary custody of the child, 9. Petitioner lived with Plaintiff and the child until January 23, 2004, when Plaintiff demanded that she, her fiance, and her two children move from the residence at 305 Walnut Lane. 10. On November 12, 2003, Additional Defendants filed a petition to modify the custody order by granting them primary custody of the child, 11, A custody conciliation conference was held on December 12, 2003, at which time the parties did not reach an agreement. 12. A custody order granting joint custody to Plaintiff and Additional Defendants was issued pursuant to an agreement conveyed through a telephone conference between the conciliator, and the attorneys for Plaintiff and Additional Defendants on March 2, 2004. 13, Petitioner was not involved in reaching the agreement because she had no knowledge that such proceedings were taking place. 14. Petitioner seeks primary custody of the child because she is the child's natural mother and lived with the child up until two months ago. In addition, Petitioner believes that the child is not safe in Plaintiff's custody because of Plaintiff's temperament and the conditions in her home. WHEREFORE Petitioner respectfully requests that this Honorable Court issue an order granting her primary custody of the child. 2 ~"'~-~ Respectfully submitted, Ii eth A. Hoffman, E Attorney for Petitioner 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 10 #71000 3 " -~"- Ir ..l ,"-. "L . " JUDY RUBY, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW SHARON KNAPP and, CHRISTOPHER J. STOUT, Defendants NO. 2000-726 IN CUSTODY CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Additiol1llll Defendants COURT ORDER AND NOW, this ol~ day of ~ , 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The maternal grandmother Judy Ruby shall enjoy legal custody of Chantal M. Knapp, born November 11, 1998. 2. The maternal grandmother shall have primary physical custody of the child from September 1 until March 31 of each year. During, such time, the paternal grandparents, Norman T. Stout, Jr;-and Christina M;-Stout, and the- father, Christopher J. Stout, will have periods of custody with the minor child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. and ()neveD' Wedn~day evening at 4:00 p.m. mitil Thursday morning. 3. The paternal grandparents and father shall have physical custody of the child from April 1 until August 31 of each calendar year. During such time, the maternal grandmother will have periods of custody with the child 011 alternating weekends from Friday at 5:00 ,p.m. until Sunday at 5:00 p.m. and on every Wednesday evening at 4:00 p.m. until Thursday morning. 4. Paternal grandparents and father shall enjoy custody of the child on every Father's Day from 9:00 a.m. until 7:00 p.m. - ~- --, 5. The mother shall enjoy visitation of the minor child on every Mother's Day from 9:00 a.m. until 7:00 p.m. under the supervision of the paternal grandparents. 6. On Thanksgiving, the paternal grandparents and the father shall have custody of the child from 8:00 a,m. until 3:00 p.m. The maternal grandmother shall have from 3:00 p.m. through the end of the day. 7. On the Easter holiday and in the event it is not paternal grandparents and father's weekend for custody, father shall have custody on Easter Day from 2:00 p.m. until 7:00 p,m. In the event Easter occurs on the weekend father does have custody, the child shall be returned to the maternal grandmother by 2:00 p.m. on Easter Day. , < 8. On the Christmas holiday, the paternal grandparents and father shall have custody of the child from 9:00 a.m. until 6:00 p.m. The maternal grandmother shall enjoy custody of the child on Christmas Eve night and Christmas morning until 9:00 a.m. and on Christmas night after 6:00 p.m. 9. Mother shall have supervised visitation with the child when the child is in the custody of the paternal grandparents by agreement of the parties. Mother shall notify the paternal grandparents at least one week before she wishes to exercise her visitation. 10. The maternal grandmother and the paternal grandparents shall each be able to have custody of the child for one week during the year during which time they may take the child on a vacation. 'The ma:terrnil gratuhnother and L'Ie paternal grandparents shall give each other advance notice of vacation schedules. 11. All parties shall keep each other notified of their addresses and phone numbers. 12. The parties may mo~fy the custody arrangement as set forth above if the p,lliie!:l, agree between themselves. Absent such an agreement, the terms of this custody order shall control. - 13. It is noted that this order is entered pursuant to an agreement reached by the maternal grandmother, father and paternal grandparents. The mother was not involved in the conciliation process because, apparently, she was out of the jurisdiction and did not involve herself in the proceedings. In the event the , mother desires to modify this order or in the event either other party desires to modify this order, that party may petition the court to have the case again scheduled with the Custody Conciliator for a conference. 14. Counsel for the maternal grandparent shall ensure that a copy of this order and the accompanying report is ~erved on the,mother via regular mail and via certified mail, return receipt requested. BY THE COURT, ~$/ ~ 13. ;S~ Udge cc: Georgia L. Reed James B. Jl>annebaker, Esquire Sharon Knapp TRUE COPY fROM RECORD In T sat/mon)' wllllroof. I here unto !et my haillJ ~~~ ~ seal of sald~'OL~<f ' . t)0~ ~~#;u,# , , ProthonOllI'V -~~~~~ lIIl. ',- " , , MAR 0 1 i004 r JUDY RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v CML ACTION - LAW SHARON KNAPP and, CHRlSTOPHERJ. STOUT, Defendants NO. 2000 - .726 CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Additional Defendants, : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator spoke with the attorneys for the parties and, based upon that telephone conference, the Custody Conciliator recommends an order in the form as attached. 3/ I u V DATE Of /11 Hubert X. Gilroy' quire Custody Conciliator -- -. . .lloloIII Ie ~'c ATTORNEY VERIFICATION I, the undersigned, represent Petitioner Sharon Knapp and am authorized to make this verification on her behalf. I therefore verify that the information provided in the attached petition is true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA 94904, relating to unsworn falsification to authorities, Date: f~f , Esquire ~ , ll":" . '4 lei;- CERTIFICATE OF SERVICE I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the attached document was delivered by U.S. mail to the following persons: Peter R Henninger, Jr., Esquire 4000 Vine Street Middletown, PA 17057 Judy Ruby 305 Walnut Lane Carlisle, PA 17013 Date: 4, Eli beth A. Hoffman, Attorney for Petitioner 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 10 #71000 liiiM~~~I~~d1WilJ;lib~.I!~~~'1J:~k;';li~~!lIll1i]Mf[lj' ;.l,~-,; .--'^-. -~ b.-,.-c~ - ", ,,' '0",' A:) ~ ""69- f:t-. 1- B 0 "" ~ =, . c:: = ~": ..,- ""- - 0 -a 1:.1J :::: :I! ..t::: ~ ()' [fl-f'f[ >>- .n :!! .z:..:rJ :;;Q cur;; -.c 2 C"" N r (/)1.:; 'D6 ...... ~ -<r.,:.. en b ..c ~~:O ::;J_. 'j; r-) -0 Q+l --.c: ~7\.- ::it '. 0 ~C) -$ J>c: f';.) Om ?; ~ 0 ""~ -< .U -< i~ ^'-.'~"'~ ,-", ~--' ~_- ,'c- c- __.' _j . JUDY RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SHARON KNAPP AND CHRISTOPHER J. STOUT, NO. 2000 -726 Defendallts IN CUSTODY v CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Defendants COURT ORDER AND NOW, this l-q day of May, 2004, upon cousideration of the attached Custody Conciliation report, it is ordered and directed that this courts prior order of March 2, 2004, shall remain in affect subject to the following modificatious: 1. Custody of the minor child Chantal M. Knapp, born November 11, 1998, on weekends shall alternate between the mother, paternal grandparents and maternal grandparents. Mother shall have custody the weekend of May 7, 2004, maternal grandparents shall have custody the weekend of May 14, 2004, mother shall have custody the weekend of May 21, 2004, paternal grandparents shall have custody the weekend of May 28, 2004, maternal grandparents shall have custody the weekend of June 4, 2004, paternal grandparents shall have custody the weekend of June 11, 2004, mother shall have custody the weekend of June 18, 2004, maternal grandparents shall have custody the weekend of June 25, 2004, and paternal grandparents shall have custody the weekend of July 2, 2004. 2. The Conciliator shall conduct a telephone conference call with the attorneys for the parties on July 8, 2004, at 8:30 a.m. 3. In all other respects, the prior custody order shall remain in place. 4. Transportation for exchange of custody relative to the mother obtaining custody of the child shall be such that the mother shall pick up the child at 6:00 p.m. at the paternal It: - .,: ;~ I u','_' ,_ -" ~ grandparents home on Friday evening, and the paternal grandparents and the mother shall meet to deliver custody back to the paternal grandparents on Sunday evening at 6:00 p.m. at the Route 34 exit off of Route 322. BY THJ}COURT, ) > cc: v}(lizabeth A. Hoffman, Esquire ~es Pannebaker, Esqnire v.fason Evans, Dickinson School of Law ~ OS-J~-O~ ~ " iii'" """""""",,"--j,~.iIi' t't ~~ ,,- LUO QO":;:::: "- ~,L.. ;r:: 01-0: ,I);.) cijcf -.J tl:i}f tI- C - :>- w.r ~ ;g ~ <'-J C\J , ,c:;: ~l - - $ C;) -- dl o "~'''''_loiIllkJj;!f.i..M; --~,:..;". , ~"'""". ~ , - " , -.~ - - ~. I'. , JUDY RUBY, Plaintiff v -._ 0-'-- ,/"",,,1 , .,,1 MAY 1 3 2004 ~\(') IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW SHARON KNAPP AND CHRISTOPHER: NO. 2000 - 726 J. STOUT, Defendants v CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Defendants IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT The Conciliator met with all parties and all attorneys and an agreement was worked out in accordance with the attached order. r!tI( oct DATE G)/:f- Hubert X. Gilroy, Esq . Custody Conciliator 7 ,~~ '.. e' n ~'a:'" ". e' e , -0- "e . " , " ",--0 I '" , "' OCT 0 4 2004 JUDY RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CML ACTION - LAW SHARON KNAPP AND CHRISTOPHERJ. STOUT, NO. 2000 - 726 Defendants IN CUSTODY v CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Defendants COURT ORDER AND NOW, this h day of ~ ~2004, upon cousideration of the attached Custody Conciliation report, it is ordered that this Court's prior Orders of March 2, 2004 and May 18, 2004 are vacated and replaced with the following Order: 1. The maternal grandmother, Judy Ruby, shall enjoy legal custody of Chantal M. Knapp, born November 11, 1998. 2. Physical custody of the minor child during the school year shall be handled as follows: a. The paternal grandparents, Christina M. Stout and Norman T. Stout, Jr., and! the father, Christopher J. Stout, shall enjoy physical custody with the minor child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, the paternal grandparents and the father shall have custody of the minor child every Wednesday from 4:30 p.m. until 7:00 p.m. b. The mother, Sharon Knapp, shall enjoy physical custody with the minor child on one out of four weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, the mother shall have custody of the minor child on Monday, Tuesday, Thursday and Friday from 1:30 p.m. until 5:00 p.m. On Wednesday of each week, mother shall have custody from 1:30 p.m. until 4:30 p.m. c. The maternal grandmother, Judy Ruby, shall enjoy physical custody during the school year at all other times except at set forth above. If; ~ :t~ ,ij i! 11 n 'I " 11 " II Ii II 11 j , ! j i' , j il " i ~ I; " I ~ " ~ I i i Ii I i i " l I I t, F'\' ED-D'n~E I - ~._l! '- ,11V OF TU~ DOO-\UN!('F"n\/ .n!.: [--I', fT__It\\...>l;"\!il 2GO~ Gel -& Pori 9: 51 ('I '^ I' ,.... '~rrv .....0\'-N..J:~T: '._,UUl ~ I l PENt'.~SYLVP~\HA - - """,.,,~,,--~~. ,". """M,I_ .~ "~ ~~, " _~.=t - " "'\ .' __-~"m --.-.-_.".-,-- '" ..1-" ...- \:::' r'" fi'-~ I': I 1,- I 3. 1': i,. I~' I 'j I~ Ii, !~ 5. Physical custody of the minor child during the sununer months, from the end of the school year to the beginning of the school year, shall be handled as follows: a. The maternal grandmother, Judy Ruby, shall enjoy physical custody with the minor child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, the maternal grandmother shall have custody of the minor child every Wednesday from 4:30 p.m. until 7:00 p.m. b. The mother, Sharon Knapp, shall enjoy physical custody of the minor child on one out of four weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, the mother shall have custody of the minor child on Monday, Tuesday, Thursday and Friday from 1:30 p.m. until 5:00 p.m. On Wednesday of each week, the mother shall have custody from 1:30 p.m. until 4:30 p.m. c. The paternal grandparents, Christina M. Stout and Norman T. Stout, Jr., and the father, Christopher J. Stout, shall enjoy physical custody during the sununer months, from the end of the school year to the beginning of the school year, at all other times except as set forth above. The mother, Sharon Knapp, and the paternal grandparents, Christina M. Stout and Norman T. Stout, Jr., and the father, Christopher J. Stout, shall also enjoy rights in the nature of shared legal custody such that they shall be entitled to receive all information pertaining to the child relative to school, health, social and all other pertinent matters. This order contemplates that the school district involved with the minor child shall share with the mother and the paternal grandparents and the father any and all information and that the mother and the paternal grandparents and the father shall be entitled to attend all school events. This is a temporary order entered pursuant to the recommendation of the Conciliator and does not prejudice any party from advancing a different physical custody proposal at a hearing. In the event any of the parties feel this matter needs to be addressed by the Court or needs to again go before the Custody Conciliator, they may contact the Custody Conciliator directly to schedule either a conference with the Conciliator or a hearing before the Court. f! !l ~ f ~: F,' r , I] ~, Ii I f , '" r; ., ;t .' ,';, " ~r '1- 11\.... .' i Ii [ ;-~ ~ i i; t~ ! l: r 4. ~ N ,.':-:C' -H--b '-;c -',- , ",~-, -.,;" ~Fo~ -', ~,,-._- '" , .):.' "" ;', ~,. __ .,,-'v' ,,'_,. -b"" -- --, '-,,,,,-,:.--, ,. i ,i !~ ,-j I:' , :j Judge Edgar B. Bayley, Jr. cc: ~abeth A. Hoffman, Esqnire ....Kames Pannebaker, Esquire ~on Evaus, Dickinson School of Law " f'T .> "; ~ " C, ,i I ~:: , !:, {< !; I:!' , [', , [- " li I' I ~ " I' ~71 ED--e;er/cr: OF Tlii(Pacificio''YOTA9Y 2aa~ aCT -6 AI1 9: 5 I l"'U' "'" " ,"__, }< ij:~);:.i';:_":,,, \i_! C'()UNIY "J>\ '. ,~'\, . ?, r~""i /;\Sir.J!/'\/\JIA ", " 1IIl'lI"!!"!Illl_~~"" , .~ ~,JlIl'!lMl~~~ -.,.-",. lUll! .,"",- JIll'_~1! ""- ,- .~,-- " .' . -.~ -; r . JUDY RUBY, Plaillltiff v _ ~ ,,'_~'_ ~-'1" ,_' "'--0_ -,,'; ':, " ,., :~;, ., 'v-,- ___; ",~" "I, '~ o~ 2004 IN THE COURT OF COMMON P~AS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHARON KNAPP AND CHRISTOPHER: NO. 2000 - 726 J. STOUT, Defendants v CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Defendants IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT The Conciliator conducted a telephone conference call and an in person conference with aU the attorneys for the parties in order to update the current status of the Order. Based upon that conference, the Conciliator recommends an Order in the form as attached. ?~7~f DATE I -," -"" I~i V i' i" '1i [.' i:i I' ri r: ~ f ri I f' I,' I: .J I, t: I, W , ! I; ~! l' , D h ~: ~ f. o I; , .""~..~.- - . '-'0 __~_ " 0;_,_' _.-_, >"~r~"-',,,,,,--,, "" ';"-,..'",,' .,' o I "', ';~' '..'c--~' ,.<<- "', "~ .''''.0,' - c'-,',,;, "'" '-;,; ".'..-, I!..;", l"'-~'~."" ~ "! I ~ 1- ... RECEIVED MAR 03 200S y' JUm RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 00-726 CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants IN CUSTODY COURT ORDER AND NOW, this ~t\. day of March, 2006, upon cousideration of the attached Custody Conciliation Report, it is ordered and directed that all prior custody Orders entered in this case are vacated and replaced with the following Order: 1. The Paternal Grandparents, Christina and Norman Stout, Jr., shall enjoy primary physical custody of Chantal M. Knapp, born November 11, 1998. 2. The Maternal Grandmother, Judi Ruby, shall enjoy periods of temporary custody with the minor child every Wednesday evening from 4:00 p.m. until 8:00 p.m. and one weekend per month from 4:00 p.m. on Friday until Sunday at 8:00 p.m. 3. The Mother, Sharon Knapp DiSilvero, shall enjoy temporary custody with the minor child on three weekends per month pursuant to the schedule arranged between the parties. 4. The Father, Christopher J. Stout, will have visitation with the minor child pursuant to arrangements he makes with his parents, Christina and Norman Stout, Jr. 5. For the Christmas holiday, the Maternal Grandmother, Judi Ruby, shall have custody of the minor child from 4:00 p.m. on Christmas Eve until 9:30 p.m. on Christmas Eve. 6. For the Thanksgiving Day holiday, the minor child shall be in the custody of the Maternal Grandmother, Judi Ruby, from 4:00 p.m. until 8:00 p.m. 7. In the event any of the parties desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. Cc: vMs. Valerie Jackson vf'ames Pannebaker, Esqnire vMs. Sharon Knapp DiSilvero v-Mr. Christopher Stout .~ li_'''~ .Mili:lk';'~~-'" ~. c-~ - ho" -"-'''- t~ IlL ,.-, o ,- Z t . "- ~ " "" = = en o -n --1 ~ ~~ rnr: -nQ::: --:-]'-;-,' '--}""'-'. :~l~~ ~r~ 8~fj -I )> -," :<; --.'" -~,.. :r.~'" -T'l I CO ::::;~;;; co (,.,..) "z:---" , ~~ "'~"., ,;-~>", -, --'''~~-,,',,"',"-', ,,~~,o,,'..'n ,'''''','',',,,,..' ,,' ,~"', ~" ; I JUm RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA fl f, l1 I' 11 i: I" 1:1 ~I ~ ~1 D I .. -'f' .. v : NO.00-726 CMLACTION -LAW SHARON KNAPP and CHRlSTOPHERJ. STOUT, Defendants IN CUSTODY ! ~ " i l' l ti I , ~ I d ~ l i i:i ~] I I " CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator conducted a number of telephone conferences with the attorneys for the parties and, based upon those conferences and correspondence received by the Conciliator, the Conciliator recommends an Order in the form as attached. ,2006 Date: March::2 " ^, ~ ... ruD! RUBY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 00-726 CIVIL ACTION LAW SHARON KNAPP AND CHRISTOPHER J. STOUT DEFENDANT IN CUSTODY , i' I" n ORDER OF COURT AND NOW, Wednesday, November 30, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 30, 2005 at 9:30 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 present at the conference. 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/ Hubert X Gilrov, Esq. 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 /.;? r.5.0S- 102 -5 -OS Ie) ',5 '?J,f'" ., '-, ~ ~ - -, '-' , 7 fJ~7? r II :/'1 ".. (\- r,.... }""'''E Jt- TJ'!J:" t)~y',~:' . 1\.,1_ , 'L I-,Lr\..,/", ,r'l!\J()-j"I" .', {, 'I,"y 2D05 DEe -5 r'''I~' , "I (: 36 C',., , I ~I ,~, -_~ - ''';l'''J~,~,;,~':~,:" ,'::./ ,''],11,\ t,Jr'''j\''',:,'".", ,. ,....,,'.)1'171.1 ~- I '.J i LV/':;\r!/\, . w-.~' ~'$4 /'~~,~~ '71~ ~ 2 ~~~> I~~~i/.~ cp- ,~ n ,'~_'_,~,~___ _ ,,_~""~"'~ ~:N'fflI~M!l_!Il!llII"_ 1_.=,~IillI", lIiFl """"""""",,.UI!fl..~ "~II!li!j!~ ;~,'-';- - ,"-'.' "-, ",." ".~_ '^H",~-.,~~~ - - _,'...:'_"..__",-'_~'"", ~'''_ - ~,< '_'C,""'-,,,__,,,,-,',",,", -"f'<,,'~'k--e""d','_' I wi' :.~~. G NOV 2 2 200~ 'I I 1 JUDI RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-726 CIVIL SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants CIVIL ACTION-LAW IN CUSTODY V. CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Additional Defendants/ Petitioners ORDER OF COURT AND NOW, this , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esquire, the conciliator, at on the day of , 2005, at .M., for the Prehearing 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. Either party may bring the child who is the subject of this custody I: . . ~. , -, ~." ~ ~. ~,-" '..-", . ~ ~,P,." ., .. ' (.:< '-...r"f;' action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 "-~--- -, ~ ~-"-~ ~" ..~, =-- ~~,-"'- ,~'.- "., ,_, _.'"",c;___",~,,,,,,~, " ~" .....r1'. James B. Pannebaker, Esquire Pannebaker & Mohr, P.C, I.D, #09667 4000 Vine Street Middletown, P A 17057 Telephone: (717) 944-1333 JUDI RUBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION-LAW SHARON KNAPP and CHRISTOPHER 1. STOUT, Defendants : NO. 2000-726 CIVIL : IN CUSTODY V. CHRISTINA M, STOUT and NORMAN T, STOUT, JR., Additional Defendants / Petitioners PETITION FOR MODIFICATION AND NOW, comes your defendant, Christopher J. Stout, and additional defendants, Christina M. Stout and Norman T. Stout, Jr., by and through their attorneys, pannebaker and Mohr, P.C. and petition the Court as follows: to ._~. "-~--.""'---"""""'~'"^." ','" " ....~ ~ " ~ 1. Your Defendant/Petitioner in this action is Christopher J. Stout, an adult individual who currently resides at c/o Norman T. Stout Jr., and Christina M. Stout, 16 Berger Lane, Duncannon, Perry County, Pennsylvania. 2. Your Additional Defendants/Petitioners in this action are Christina M. Stout and Norman T. Stout, Jr., paternal grandparents of Chantal M. Knapp, the child at issue in this matter. Your petitioners currently reside at 16 Berger Lane, Duncannon, Perry County, Pennsylvania. 3. Your Respondent is Judi Ruby, maternal grandmother of the child at issue, an adult individual who currently resides at 305 Walnut Lane, Carlisle, Cumberland County, Pennsylvania. 4. Your Respondent is Sharon Knapp, mother of the child at issue, an adult individual who currently resides at Harvon Motel, Room 22, 851 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 5. On October 6, 2004, an Order of Court was entered granting primary physical and legal custody of Chantal M. Knapp, born November 11, 1998, to the Plaintiff/Respondent, Judi Ruby, maternal grandmother of Chantal M. Knapp; granting 2 ~ --~~ .,J'_ ._ _,~<._,~. .. "' ~_. ~o, "_c~'_>',' "< ~ ~,....,.l Defendant/Petitioner Christopher J. Stout, and Christine and Norman Stout, your additional Defendants/Petitioners, periods of temporary physical custody with the minor child as set forth in said Court Order; granting Sharon Knapp, Defendant/Respondent, periods of temporary physical custody with the minor child as set forth in said Court Order. A copy of said Court Order is attached hereto marked Exhibit "An made a part hereof by reference thereto. 6. Paragraph five (5) of said Order provide that in the event either party desires to modify the Order, the party may petition the Court to have the case again scheduled with a custody conciliator for a Conciliation Conference. 7. On August 10, 2005, Judi Ruby, Plaintiff/Respondent, signed a note indicating she was giving her primary custody of the minor child to Christopher Stout. A copy of said Note is attached hereto marked Exhibit "Bn made a part hereof by reference thereto. 8. Jacqueline Humphries, a therapist with Northwestern Human Services, was the primary family therapist for Chantal Knapp and her family members from February 2005 to August 2005. 3 ~~>.-, ^" , ~-"~. <, <'-'~'~-"'I""., , " l' ~ ......~... In a letter dated November 7, 2005, Ms. Humphries discusses the 9. Your Petitioner, Christopher J. Stout, is desirous of , I I I I II " I , , ij I I i 1 tl improved behavior of Chantal once she was living primarily with her father and paternal grandparents, and supports the home of Christina M. Stout and Norman T. Stout, Jr. as being Chantal's primary residence. A copy of said Letter is attached hereto marked Exhibit ~C" made a part hereof by reference thereto. obtaining primary physical and legal custody of the child, Chantal M. Knapp, and the additional Defendant/Petitioners, Christina M. Stout and Norman T. Stout, Jr., also desire for Christopher J. Stout to obtain primary physical and legal custody of the child, Chantal M. Knapp, and join in this petition. WHEREFORE, your Defendant/Petitioner, Christopher J. Stout, and your Additional Defendants/Petitioners, Christina M. Stout and Norman T. Stout, Jr. hereby request the Court enter an Order granting Christopher J. Stout primary physical and legal custody and granting temporary physical custody to all other parties, as the Court may deem proper. 4 "', , "-, Dated: November 17, 2005 Respectfully submitted, PANNEBAKER AND MOHR, P.C. Attorneys for Petitioners By: Jame 1. D. 4000 Vine Street Middletown, PA Telephone: (717) Esquire 17057 944-1333 5 <f"' '. , """ ~, " ... , . JUDY RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SHARON KNAPP AND CHRISTOPHER J. STOUT, NO. 2000 -726 Defendants IN CUSTODY v CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Defendants COURT ORDER AND NOW, this '-Li!!- day of lrJ.;..e.~ Jlt'0 ,2004, upon consideration of the attached Custody Conciliation report, it is ordered that this Court's prior Orders of March 2, 2004 and May 18, 2004 are vacated and replaced with the following Order: 1. The maternal grandmother, Judy Ruby, shall enjoy legal custody of Chantal M. Knapp, born November 11, 1998. 2. Physical custody of the minor child during the school year shall be handled as follows: a. The paternal grandparents, Christina M. Stout and Norman T. Stout, Jr., and the father, Christopher J. Stout, shall enjoy physical custody with the minor child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, the, paternal grandparents and the father shall have custody of the minor child every Wednesday from 4:30 p.m. until 7:00 p.m. b. The mother, Sharon Knapp, shall enjoy physical custody with the minor child on one out of four weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, the mother shall have custody of the minor child on Monday, Tuesday, Thursday and Friday from 1:30 p.m. until 5:00 p.m. On Wednesday of each week, mother shall have custody from 1:30 p.m. until 4:30 p.m. c. The maternal grandmother, Judy Ruby, shall enjoy physical custody during the school year at all other times except at set forth above. I ,I Ii Ii ,I " I I I I 'I 5<hi'oH- II A'l . l"~' t_ 11'. " " ri " ~ i !1 , 1-; ,'i , " 3. Physical custody of the minor child during the summer months, from the end of the school year to the beginning of the school year, shall be handled as follows: a. The maternal grandmother, Judy Ruby, shall enjoy physical custody with the minor child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, the maternal grandmother shall have custody of the minor child every Wednesday from 4:30 p.m. until 7:00 p.m. b. The mother, Sharon Knapp, shall enjoy physical custody of the minor child on one out of four weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, the mother shall have custody of the minor child on Monday, Tuesday, Thursday and Friday from 1:30 p.m. until 5:00 p.m. On Wednesday of each week, the mother shall have custody from 1:30 p.m. until 4:30 p.m. c. The paternal grandparents, Christina M. Stout and Norman T. Stout, Jr., and the father, Christopher J. Stout, shall enjoy physical custody during the summer months, from the end of the school year to the beginning of the school year, at all other times except as set forth above. The mother, Sharon Knapp, and the paternal grandparents, Christina M. Stout and Norman T. Stout, Jr., and the father, Christopher J. Stout, shall also enjoy rights in the nature of shared legal custody such that they shall be entitled to receive all information pertaining to the child relative to school, health, social and all other pertinent matters. This order contemplates that the school district involved with the minor child shall share with the mother and the paternal grandparents and the father any and all information and that the mother and the paternal grandparents and the father shall be entitled to attend all school events. 5. This is a temporary order entered pursuant to the recommendation of the Conciliator and does not prejudice any party from advancing a different physical custody proposal at a hearing. In the event any of the parties feel this matter needs to be addressed by the Court or needs to again go before the Custody Conciliator, they may contact the Custody Conciliator directly to schedule either a conference with the Conciliator or a hearing before the Court. ;1 1 ;.1 11 ~ I' ;j 11 ," , !-j H :'1 ,., II !i U Jo " " i I, ,J Ii Ii Ii ::1 II 'J 1-1 Ii 1;1 r~ ',>I I Ii !'j 1-] Ii l1 j :1 1 I ~ ~ " 1 ; ~ I ! 4. ,r '0 _'~~ _ _ '"1 . .~ -". BY THE COURT, cc: Elizabeth A. Hoffman, Esquire James Pannebaker, Esquire Jason Evans, Dickinson School of Law - O-'--'--A i> ,-" :~,' i-" 1. I, ;,'j i j-j i; I, I: Ii I~ ::~ I>'" i', !-~ I;;' ;~: I: I r'~ , , , i, F: I ,. ~" I i' !; i S ;1 TRUE COPY fROM RECORD , 'I horo unto sot my hand In Testimony W!ler.eOtj ~... t_ '" an, U~2: ~fst C,QUrl ~t".~a. .J T 'm"~'idL: , ....: ~.. .-, -'.1- " I' r:;: I,:; . ."'. .. . OCT I) 4 2004 JUDY RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ,':': , .:;~ ,'\1 ,-"~I v CIVIL ACTION - LAW SHARON KNAPP AND CHRISTOPHER: NO. 2000 - 726 J. STOUT, }," , Defendants IN CUSTODY :';1 -I' I';! '~! i::; v CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Defendants :_:! ,',: \,':! ~~, ,," CONCILIATION CONFERENCE SUMMARY REPORT The Conciliator conducted a telephone conference call and an in person conference with aU the attorneys for the parties in order to update the current status of the Order. Based upon \ that conference, the ConcjIiator recommends an Order in the form as attached. l~\ 1'" l:j ::i! n i": ", " 7 h.7~ f DATE ' \"i ~i ;i I," ~! l~ ,II ;j G " fl Ii ijl i~ ~l i I' I \ I , -" - --~ ~ .~ 11/Q2/2005 13:55 717-795-8721 KEYSTONE AREA BSA PAGE 02 . -~ I ~ -." ~s os:;'- +'nI:5 ~ I()-tr ct ~LlsT (}005 T ~ \=(~ ~ (e{vJ1 ~ ?f'I'a ~U-"O~ +0 ~~ \l '"'S+O p)u;) S tVvri - - - Ii I; I rl~~ I /'/ -- ~ ' C' I Chos S/e,,;/-a.rJ H'j/O 1(1)5' : 8hibiJr- 11,&\\ . ~ji . ~ J i-,~ .... Northwestern Human Services stevens Center Family Based Programs 33 State Avenue Carlisle, fJa 17013 717.243.6033 ext. 243 ,;, '" !] Ii! 11 ~,: November 7, 2005 J.B. Pannebaker 4000 Vine Street Middletown, PA 17057 RE: Chantal Knapp Dear Mr. Gilroy, Ii f': This letter regarding Chantal Knapp is being written at Mr. Pannebaker's request Chantal and her family received Family Based Services through Northwestern Human Services- Stevens Center in Carlisle. During their seven month period of services from February 2005-August 2005, I was their primary family therapist In this capacity, I met weekly with one of the three households Chantal transitioned between according to the established living arrangement Our goal was to help the families establish stability and consistency for Chantal across each home environment Her behavior and diagnosis of Adjustment Disorder seemed to reflect the difficulty Chantal was having adjusting to the frequent transitions as well at the conflict and instability present in that living situation, h )i iJ 1; I' i'! ; il1 'I I"i " H t: I' ;:i li1 By the end of services, Chantal was living primarily with her father and paternal grandparents, Her behavior at home and school had improved significantly. This Family Based Team member is in support of reducing the frequency of transitional living arrangements Chantal experiences across all environments, To this end, the Family Based Team supports Chantal's paternal grandparent's home as being Chantal's primary residence due to the emergence of stable and cooperative behaviors in this environment I:: Ii I' , Respectfully, p " I' Ii l~ ,; >I " ;1 " ;1 ~ II ~ Ii Ii " ~ Ii II 11 , Ii j , i I ~, acq ne ~~ltries, BJ J --f?,' ,~~ ~~(~ 'Fa y Ba~ Therapist \.., cc: John Thomas, Executive Director Exh'\ 'oi.\- \I L 1\ - 'd__r_C,> Y" .':i >. '. '_0 . - '_,->., ._" ':,.~' " ' ,---~ . .'--,-, .<_. '--'--~""';",;-.;.'L~.~--',';':,~~~,oi' , , . , . L.-.., VERIFICATION We verify that the statements made in this Petition To Modify are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S;4904 relating to unsworn falsification to authorities. cL~tout ~/ 1tJ5d tnv~' Christina Stout ~~J;2Ll~ [ orman T. Stout, .k , ' ,-- ~-- ~ -~=--,~ - ,"'0,', .~- _"__""_,,_~_~"-,'~"~lc-""- ._~_,_ -,-, ij Ij ,-"J""'cy I,] i" r~ Ii 1 CERTIFICATE OF SERVICE Judi Ruby 305 Walnut Lane Carlisle, PA 17013 , ~ ! ~ '1 11 '1 :~ II Il ~ L~ '] I il II [~ 1;1 ~ II :',~ ~l ij ~ ! ~\ \-! \1 A copy of the foregoing Petition for Modification has been served on the Plaintiff Judi Ruby and Defendant Sharon Knapp by sending a copy to their addresses of record: Sharon Knapp Harvon Motel, Room 22 851 N. Hanover St. Carlisle, PA 17013 by depositing same in the United States mail, first class, postage prepaid, this 17th day of November, 2005. PANNEBAKER & MOHR, P.C. By: Jame Esquire 1.. 4000 Vine Street Middletown, PA 17057 (717) 944-1333 ~ I.."" ,., ,.- " - .~ - -', _ --""",,.~.,.f' , ._~-.'-' " I ~ ., . .' ,-~ -'. r '~ 1- '6g. 7J V'l :Ii D l"".;) 0 () c:__~ '- = " - ~ (). ~ -; 25 .J.--n ::2 -cJ rill ~ ...0.:: ~~S -...... F --t: co -,- " ( J --,'} O'\:-~ =~:: -~,o;'-() ;;-=o:-fTl '-;'? ~ "'~ 0 j:J -< rv t~ G.A'- -~ ,rtts - 9 lOOQ\ /\},-.J Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000.. '7d-.ltJ CIVIL TERM : CIVIL ACTION - LAW JUDI RUBY, v. SHARON KNAPP and CHRISTOPHER J. STOUT Defendants : IN CUSTODY ORDER OF COURT AND NOW, this \\ day of January, 2000, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before \\.~\\ 'i , G \(D-j-, Esquire, Custody Conciliator, on Co of P-f0.r.. \ ,2000, at B'.so o'clock A..M., located at~ ~~\ Cl.n\.\-r\\~ct CD. (h...xk\"'CJ~ 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 present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: ')\\\\.~d't, 8l~\~.. . . ' Esqu e '( ~ Custody ConcIlIator . J '- . ~ ~.#- ~ ~ ~ c?C7'h~-~ ~-/6l ~ ?-~ ~~ t?c?/J~.(? ~/ fr ~ rY1/ ~l "/"9 (/c/'/Je.co , "'~\-I/i MNn~+) p~8!!r~22 <.... '~'--,'-'~:,:'[/'1110 ry J :0/ :,nl ;,7 (;-, . , " ih.:J 00 ! ',I'_./! I" l\U'-'l,l; ,,- " ~J~) I , 1 '. ' YOU SHOULD TAKE TIDS 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (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. James J. Kayer, Esquire Attorney for Plaintiff 4 East Liberty Avenue Liberty Loft Carlisle, P A 17013 (717) 243-7922 cc: James J. Kayer, Esquire Attorney for Plaintiff Sharon Knapp, pro se Christopher J. Stout, pro se v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 12.l.Q CIVIL TERM : CIVIL ACTION - LAW JUDI RUBY, Plaintiff SHARON KNAPP and CHRISTOPHER J. STOUT Defendants : IN CUSTODY PETITION FOR CUSTODY COMES NOW, Plaintiff, Judi Ruby, by and through her attorney, James J. Kayer, Esquire and avers as follows: 1. Plaintiff is Judi Ruby, an adult individual, residing at 305 Walnut Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Sharon Knapp, an adult individual, whose current address is 305 Walnut Lane, Carlisle Cumberland County, Pennsylvania, 17013. 3. Defendant Christopher J. Stout, an adult individual whose current address is 16 Berger Lane, Duncanan, PA 17020. 4. Plaintiff seeks custody of the following child: Name Present Residence Age Chantal Knapp, 305 Walnut Lane, Carlisle, Cumberland County, PA, born November 11,1998. The child was born out of wedlock. The child is presently in the custody of the Plaintiff. During the past five years, the child has resided with the following person(s) at the below address(es): Birth until Present with Sharon Knapp and Judi Ruby, at 305 Walnut Lane, Carlisle, Cumberland County, Pennsylvania. 5. The mother of the child is Sharon Knapp, an adult individual whose current address is 305 Walnut Lane, Carlisle, Cumberland County, Pennsylvania. 6. The father of the child is Christopher 1. Stout, an adult individual whose current address is 16 Berger Lane, Duncanan, Pa., 17020. 7. The relationship of Plaintiff to the child is that of the maternal grandmother. The Plaintiff currently resides with the following person(s): Name Relationship Steven Ruby Chantal Knapp Sharon Knapp Son Granddaughter Daughter 8. The relationship of the defendants to the child is that of natural mother and father. 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. 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 primary physical custody of the child to the Plaintiff. Plaintiff and Cumberland County Children and Youth Services share concerns regarding the Defendant's commitment to properly care for and supervise the child. 11. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, names below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name None Address Basis of Claim WHEREFORE, Plaintiff requests the court to grant custody of the child to Plaintiff. Respectfully submitted, Date: VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel and not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. 9 4904, relating to unsworn falsification to authorities. , Date: ~ \0 l\ -;?'I :~~ cLurL>/ R~G 1: -:~ >- 't C !h_ -S- (~ ~~ 0 .. :.-)c< ~ --~ ~ :~:~z ill <:) -~ :~ . ---.... ~~] ~ :r 0- 0 ~ ~ ;~ 2": j ',U :rg CL c Og- :P ~~ -0 " !!!or ~ I>> ~CllO ~'< -..I- ~ Cll Q) -'-0 l!l ... -..ICll . ~:::J o. I>> I\):::J .,. :::J ~ "''''m Dl w'<. - Q, 1<r 0 -..I Dl _. 0 D:l c.o:::JCT ~ I\) _. Cll "0 ... I\)Dl~ 0 0 -,,< ~ Dl == Cl~ .... o. ~ -'Cll :::J W:::J C Cll . .. ,- . , ., . . Kayer and-Brown A Professional Corporation Liberty Loft . 4 E. Liberty Avenue · Carlisle, PA 17013 (717) 243-7922 lll,lJ~' :" ,~ ." . ~, -' ,. ", '. ,. " , .. ,. .' APR 1 7 2000 rJ7 ruDI RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHER 1. STOUT, Defendants NO. 2000-726 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ day of April, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The maternal grandmother, Judi Ruby, shall enjoy primary physical and legal custody of Chantal M. Knapp, born November 11, 1998. 2. The Father, Christopher 1. Stout, and the paternal grandparents, Christine and Norman Stout, shall enjoy periods of temporary physical custody with the minor child as follows: A. On alternating weekends from Friday at 5 :00 p.m. until Sunday at 3 :00 p.m. B. On the Thursday following the weekend they exercise custody from 3:00 p.m. until 7:00 p.m., and on the Tuesday following the weekend they do not have custody from 3:00 p.m. until 7:00 p.m. C. At such other times as agreed upon by the parties. 3. The Father and the paternal grandparents shall also enjoy custody on every Father's Day from 9:00 a.m. until 7:00 p.m. The Mother and the maternal grandmother shall always enjoy custody on Mother's Day from 9:00 a.m. until 7:00 p.m. 4. On the Thanksgiving holiday, the Father and the paternal grandparents shall always have custody from 8:00 a.m. on Thanksgiving Day through 3:00 or 3:30 p.m. subject to the scheduling of the parties. The Mother and the maternal grandmother shall have custody from 3:00 p.m. or 3:30 p.m. through the end of the day. 5. For the Easter holiday, in the event it is not the Father's weekend for custody, Father shall have custody on Easter Day from 2:00 p.m. until 7:00 p.m. In the event Easter occurs on the weekend Father does have custody, the child shall be returned to the Mother and the maternal grandmother by 2:00 p.m. on Easter Day. ... ~""'.~' ., 6. For the Christmas holiday, the Father and his parents shall always have custody of the minor child from 9:00 a.m. until 6:00 p.m. The Mother and the maternal grandmother shall enjoy custody on Christmas Eve and Christmas morning and later in the day on Christmas Day after 6:00 p.m. 7. The Father and the Mother and their respective parents shall be able to exercise some period of summer vacation with the minor child. They should give the other parties notice in advance and attempt to work out summer schedules for when they can spend at least one week with the child. 8. This order contemplates that the Father shall exercise custody as set forth above in the presence of his parents. In the event the Father is not able to exercise custody, Father's parents shall have authority to exercise custody pursuant to the schedule for Father as set forth above. 9. This order also contemplates the Mother will enjoy custody of the minor child pursuant to the schedule that is afforded to the maternal grandmother as set forth above. In the event Mother is not available during that time, maternal grandmother shall have that period of custody. 10. Both parties shall keep the other parent and grandparents notified with respect to their address and phone number. Furthermore, in the event any party is over night at another location during a time they have custody of the minor child, they shall notify the other parent or grandparent of the address and phone number of where they will be with the minor child for purposes of emergency contact. 11. The parties may agree between themselves to modify this order. However, absent an agreement, this order shall control. 12. In the event either party desires to modify this order, that party may petition the Court to have the case again scheduled with the custody conciliator for a Conciliation Conference. 13. Attorney Kayer is directed to provide a copy of this order to the maternal grandmother and to the Mother and Attorney Morgenthal is directed to provide a ropy of1bi, oroe, to the Fath" muI the - .... /;1 .~ 11-/9-00 RKS cc: JarnesJ. Kayer, Esquire Roger M. Morgenthal, Esquire . i _, 17;:\"1"12 .., J..i!v'7rjj '0\~~(VIv3d . / 1/7:)0/0 '"' .-..'/,J c /:,: :0/ //1/ _ '>. b / (Jd/ 0:7 AJl~iJ__" c .<"'.'1,., ->-~:.~>'a~~};j -?J Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JUDI RUBY, v SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants NO. 2000-726 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Chantal M. Knapp, born November 11, 1998. 2. A Conciliation Conference was held on April 6, 2000, with the following individuals in attendance: The natural Mother, Sharon Knapp, who appeared without legal counsel; the Father, Christopher J. Stout who appeared with Roger M. Morgenthal; and the maternal grandmother, Judy Ruby, with her counsel, James J. Kayer, Esquire; and the paternal grandparents, Christine and Norman Stout, who were also represented by Attorney Morgenthal. 3. The parties agree to the entry of an order in the form as attached. 4 f r ",lob ~ Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ruD! RUBY, V. : NO. 2000-726 CIVIL SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants : CIVIL ACTION-LAW IN CUSTODY V. CHRISTINA M. STOUT and NORMAN T. STOUT. JR., Additional Defendants I Petitioners PETITION FOR MODIFICATION AND NOW, come your additional defendants, Christina M. Stout and Norman T. Stout, Jr., by and through their attorneys, pannebaker and Jones, P.C. and petitions the Court as follows: 1. Your Additional Defendants/Petitioners in this action are Christina M. Stout and Norman T. Stout, JR., paternal grandparents of Chantal M. Knapp, the child at issue in this matter. Your p~titioners currently reside at 16 Berger Lane, Duncannon, Perry County, Pennsylvania. '. 2, Your Respondent is Judi Ruby, maternal grandmother of the child at issue, an adult individual who currently resides at 305 Walnut Lane" Carlisle, Cumberland County, Pennsylvania. 3. Your Respondent is Sharon Knapp, mother of the child at issue, an a~ult individual who currently resides at 305 Walnut Lane, Carlisle, Cumberland County, ~ennsylvania. 4. Respondent is Christopher J. Stout, an adult individual who currently resides at c/o Norman T. Stout Jr., and Christina M. Stout, 16 Berger Lane, Duncannon, Perry County, Pennsylvania. 5, On or about April 19, 2000, an Order of Court was entered granting primary physical and legal custody of Chantal M. Knapp, born November 11, 1998, to the Plaintiff/Respondent, Judi Ruby, maternal grandmother of Chantal M. Knapp, granting Defendant/Respondent Christopher J. Stout, and Christine and Norman Stout, your additional Defendants/Petitioners, periods of temporary physical custody with the minor child as set forth in said Court Ord~r. A copy of said Court Order is attached hereto marked Exhibit "A" made a part hereof by n,ference thereto. , 6. Paragraph twelve (12) of said Order provide that in the event either party desires to modify the Order, the party may petition the Court to have the case again scheduled with a custody conciliator for a Conciliation Conference. 7. Your Additional Defendants/Petitioners, although not named in the original action, were parties with rights under the order of April 19, 2000 above referred. 8. Your Petitioners are desirous of obtaining primary physical and legal custody of the child, Chantal M. Knapp and the Defendant/Respondent, Sharon Knapp and Christopher J. Stout, parents of Chantal M. Knapp, are also desirous and join in this petition. 9. A copy of a note from Defendant/Respondent Sharon Knapp registers no concern and supports your Petitioners' seeking primary legal and physical custody of her child. 10. Defendant/Respondent Christopher J. Stout, father of the child at issue and son of your Petitioners has also registered no dbjection to a change in primary legal and physical custody to your Petitioners. WHEREFORE, your Additional Defendants/Petitioners hereby request the Court enter an Order granting them primary physical and legal custCldy and granting temporary physical custody to all other parties,as the Court may deem proper. Respectfully submitted, Dated: f()r.?;;-O) PANNEBAKER AND JONES, P.C. Attorneys for Additional Petitioners By: (!JdllLc//f Peter R. Henninger,~., Esquire loD. #44873 4000 Vine Street Middletown, PA 17057 Telephone: (717) 944-1333 Roes: Stout17947-PetitionToModify VERIFICATION We verify that the statements made in this Petition To Modify are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. :!i4904 relating to unswol:n falsification to authorities. U~~/IWJ5db;;) Christina Stout '1 ..-'-1 / --r\ //;;;z '/1 :~,Ot..;j !.at!7/.:J . ~. 'Norman T. Stout;., Jr. Res: Stout17947~V~rification 1~!05!2~~3 08:29 71 }7958721 KE'YSTONE ,~REA CNCL PAGE 02 ~ .- . ' APR 1 7 2000 rJ7 . .':--:-'- JUDI RUBY, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .. NO: 2000.726 CIVIL IN CUSTODY Plaintiff v SHARON KNAPP and CHRISTOPHER 1. STOUT, Defendants ~ AND NOW, this ~ day of April, 2000. upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: \. The maternal grandmother, Judi Ruby, shall enjoy primary physical and legal custody of Chantal M: Knapp. born November II, 1998. 2. The Father, Christopher J. Stout, and the paternal grandparents, Christine and Nonnan Stout, shall enjoy periods of temporary physical custody with the minor child as follows: A. On alternating weekends from Friday at 5:00 p.m. Wltil Sunday at 3:00 p.m. B. On the Thursday following the weekend they exercise custody from . 3:00 p,m. until 7:00 p.m., and on the Tuesday following the weekend they do not have custody from 3:00 p,m, WltH 7:00 p.m, , C. At such other times as agreed upon by the parties. 3, The Father and the paternal grandparents shall also enjoy custody on every Father's Day from 9:00 a,m, until 7:00 p.m. The Mother and the maternal grandmother shall always enjoy custody on Mother's Day from 9:00 a.m. Wltil 7:00 p,m, 4. On the Thanksgiving holiday. the Father and the paternal grandparents shall always have custody from 8:00 a.m. on Thanksgiving Day through 3:00 or 3:30 p.m, subject to the scheduling of the parties. The Mother and the maternal grandmother shall have custody from 3:00 p,m, or 3:30 p,m. through the end of the day, 5. For the Easter holiday, in the event it is not the Father's weekend for custody, Father shall have custody on Easter Day from 2:00 tJ,lTI. Wltil 7:00 p,m. In the event Easter occw's on the weekend Father does have custody, the child shall be returned to the Mother and the maternal grandmother by 2:00 p.m, on Easler Day. Exhibit "A" ., . . : :I' ~ .;: : illl'j:J::li:Ll KEYSTONE ilREA CNCL ~UIUO/~~O~ ~~;L~ c:c: PAGE 03 , :5 - 6. For ihe Christmas holiday, the Father and his parents shall always have custody of the minor child from 9:00 a.m. until 6:00 p.m. The Mother and the maternal grandmother shall enjoy, custody on Christmas Eve and Christmas morning and later in the day on Christmas Day after 6:00 p,m. 7. The Falher and the Mother and their respective: parents shall be able to exercise some period of summer vacation with lhe minor child. They should give the other panics nOlice in advance and anempt to work out summer schedules for when they can spelld at least one week with the child. . 8. This order contemplates that the Father shall exercise custody as set forth above in the pre$ence of his parents. In the event the Father is not able to exercise custody, Father's parents shall have authority to exercise custody pW'Suant to the schedule for Father as set forth above. 9. This order also contemplates the Mother will ,enjoy custody of the minor child pursuant to the schedule that is afforded to the maternal grandmother as set fOM above. In the event Mother is nol available during that time. maternal grandmother shall halle that period of custody. 10. Both parties shall keep the other parent and grandparents notified with respect 10 their ad~ress and phone nwnber, Furthermore, in the event any pany Is over night at another location during a lime they have custody l)fthe minor child, they shall notifY the other parent or grandparent of the address and phone nwnber of where they will be with Ihe minor child for purposes of emergency conlact. ~ II. The par1lies may agree between themselves to modi fy Ihis order. However, absent an a~~onl. this order shall controLI . 12. In the evenl either party desires to modify this order, that party may pelition the Coun to have the case again scheduled with the custody conciliator for a Conciliation Conference. 13. Attorney Kayer is directed 10 provide a copy of Ihis order to lhe malernal grandmdther and 10 the Mother and Attorney Morgen thai is directed to provide a copy of this order 10 the Father and the paternal gr~.st Is../ , I Ii T)'/ i il James J. Kayer, Esquire Roger M, Morg~nthal, Esquire ;:" .~ '1-/9.00 RJ<S " .. CERTIFICATE OF SERVICE A copy of the foregoing Petition To Modify has been served by sending a cqpy of record to the Attorney of Record: Roger M. Morgenthal, Esquire 95 Alexander Spring Road Carlisle, PA 17013 And James J. Kayer, Esquire 4 E. Liberty Avenue Carlisle, PA 17013 by depositing ~ame in the united States mail, postage prepaid, in Middletown, 'pennSYlvania, this Z"2dday of O~ , 2003. PANNEBAKER AND JONES, P.C. Attorneys for Plaintiff By: G4n~~ Peter R. He inger, Jr., Esquire 1. D. #44873 4000 Vine Street Middletown PA 17057 (717) 944-1333 res: Stout17947-CertofService ;- '. 1- p ~ ~ ~ - ~ ~ .l:: -t )J f! ..z::: -.) D ~ --t- F.? ;+;tf r .-: r';:;; .,.,~ f'.) ....;:::: c; er-... ..."" /. . $"C;; -- (-- :2 - -<.i :::::> t....) c~ W .-- ') :" ;.T! , ....J .; (~J );f~ OJ;; -< C) -'/1' re :rj ,- - JUDY RUBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants : NO. 2000 - 726 CIVIL : IN CUSTODY PRELIMINARY OBJECTIONS OF PLAINTIFF JUDY RUBY TO THE PETITION FOR MODIFICATION PURSUANT TO Pa.R.C.P. & & 1028(5) Comes the Plaintiffi'Respondent, Judy Ruby, and pursuant to Pa.R.C.P. S S 1028(5) and 1915.15, files these preliminary objections to the Petition for Modification and avers in support as follows: I. The instant matter before the Court is a custody action. 2. Plaintiff (hereinafter "Maternal Grandmother") is the maternal grandmother of the subject child, Chantal M. Knapp, (hereinafter "the Child"), born November II, 1998. 3. Defendant Christopher J. Stout (hereinafter "Father") is the father ofthe Child. 4. Defendant Sharon Knapp (hereinafter "Mother") is the mother of the Child. 5. Christine and Norman Stout (hereinafter "Paternal Grandparents") are the paternal grandparents of the Child. 6. By Order of Court dated April 19, 2000, Maternal Grandmother was granted physical and legal custody ofthe Child (See attached Exhibit "A"). Mother and Father were granted periods of temporary physical custody. Paternal Grandparents were granted visitation with the Child while the Child was in the custody of Father or if Father were unable to exercise his custody, Paternal Grandparents would have the custody periods Father would otherwise have had. 7. Paternal Grandparents filed A Petition for Modification on November 12, 2003 (See attached Exhibit "B"). In their Petition for Modification, Paternal Grandparents request primary physical and legal custody of the Child. 8. Maternal Grandmother was served with the Petition for Modification on or about December 4, 2003. COUNT 1 9. Paternal Grandparents were not parties to the original custody action. 10. Intervening as a party litigant is the only way that a third party can acquire standing in a pending action so as to be able to modify a judgement or decree. Freeman v. Behrman, 161 Pa. Super 564,566,55 A2d 881 (1947). II. Paternal Grandparents did not move to intervene in this action. 12. Paternal Grandparents do not have standing to Petition for Modification of the Custody Order dated April 19, 2000. WHEREFORE, because paternal grandparents do not have standing to Petition for Modification of this Court's prior Custody Order, the Petition for Modification should be dismissed. COUNT 2 13. Pursuant to Pa.R.C.P. 1915.3(e), a grandparent seeking physical and/or legal custody ofa grandchild pursuant to 23 Pa.C.S.A. S 5313(b) must plead facts establishing the elements ofa cause of action under SS 5313(b)(1), (2), and (3). Here, the Petition for Modification does not allege facts establishing the elements of a cause of action under 23 Pa.C.S.A. S5313(b ). 14. Pursuant to 23 Pa.C.S.A. S 5313(b), a court may award physical and legal custody to a grandparent when the grandparent has assumed the role and responsibilities of the child's parent for 12 months. Here, Grandparents' Petition for Modification does not aver that the child ever resided with them for any length of time. IS. Pursuant to 23 Pa.C.S.A. ~5313(b), a court may award physical and legal custody to a grandparent when the grandparent assumes the responsibility for a child who has been determined to be dependant. Here, the child has not been determined to be dependant and Grandparents' Petition for Modification does not so allege. 16. Pursuant to 23 Pa.C.S.A..~5313(b), a court may award physical and legal custody to a grandparent who assumes or deems it necessary to assume responsibility for a child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness. Here, the child is not at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness and Grandparents' Petition for Modification does not so allege. WHEREFORE, because the Petition for Modification fails to set forth grounds upon which a grandparent may be awarded primary physical and legal custody of a grandchild, the Petition for Modification should be dismissed. Respectfully submitted, ~~~#(Jt Georgi 1. Reed ' Certified Legal Intern A FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243 - 3696 EXHIBIT A JUDI RUBY, Plaintiff IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-726 CIVIL v SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH TIIE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Chantal M. Knapp, born November 11, 1998. 2. A Conciliation Conference was held on April 6, 2000, with the following individuals in attendance: The natural Mother, Sharon Knapp; who appeared without legal counsel; the Father, Christopher J. Stout who appeared with Roger M. Morgenthal; and the maternal grandmother, Judy Ruby, with her counsel, James J. Kayer, Esquire; and the paternal grandparents, Christine and Norman Stout, who were also represented by Attorney Morgenthal. 3. The parties agree to the entry of an order in the form as attached. 4 f (\J I Ob ~ APR 1 7 2000 PjJ Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-726 CIVIL JUDI RUBY, v . SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants IN CUSTODY COURT ORDER AND NOW, this ~Jlhday of April, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The maternal grandmother, Judi Ruby, shall enjoy primary physical and legal custody ofChantaI M. Knapp, born November 11, 1998. 2. The Father, Christopher J. Stout, and the paternal grandparents, Christine and Norman Stout, shall enjoy periods of temporary physical custody with the minor child as follows: A. . _.___..'. - _:" _ . \. .. _ .,1 . On alternating weekends from Friday at 5:00 p.m. until Sunday lit 3 :00 p.m. B. On the Thursday following the weekend they exercise custody from. 3:00 p.m. until 7:00 p.m., and on the Tuesday following the weekend they do not have custody from 3:00 p.m. until 7:00 p.m. C. At such other times as agreed upon by the parties. 3. The Fat.'ler an.d the paternal grandparents shall also enjoy custody on every Father's Day from 9:00 a.m. until 7:00 p.m. The Mother and the maternal grandmother shall always enjoy custody on Mother's Day from 9:00 a.m. until 7:00 p.m. 4. On the Thanksgiving-holiday, the Father and the paternal grandparents shall always have custody from 8:00 a.m. on Thanksgiving Day through 3:00 or 3:30 p.m. subject to the scheduling of the parties. The Mother and the maternal grandmother shall have custody from 3:00 p.m. or 3:30 p.m. through the end of the day. 5. For the Easter holiday, in the event it is not the Father's weekend for custody, Father shall have custody on Easter Day from 2:00 p.m. until 7:00 p.m. In the event Easter occurs on the weekend Father does have custody, the child shall be returned to the Mother and the maternal grandmother by 2:00 p.m. on Easter Day. cc: 6. For the Christmas holiday, the Father and his parents shall always have custody of the minor child from 9:00 a.m. until 6:00 p.m. The Mother and the maternal grandmother shall enjoy custody on Christmas Eve and Christmas moming and later in the day on Christmas Day after 6:00 p.m. 7. The Father and the Mother and their respective parents shall be able to exercise some period of summer vacation with the minor child. They should give the other parties notice in advance and attempt to work out swnmer schedules for when they can spend at least one week with the child. 8. This order contemplates that the Father shall exercise custody as set forth above in the presence of his parents. In the event the Father is not able to exercise custody, Father's parents shall have authority to exercise custody pursuant to the schedule for Father as set forth above. 9. This order also contemplates the Mother will enjoy custody of the minor child pursuant to the schedule that is afforded to the maternal grandmother as set forth above. In the event Mother is not available during that time, maternal grandmother shall have that period of custody. 10. Both parties shall keep the other parent and grandparents notified with respect to their address and phone number. Furthermore, in the event any party is over nigbt at another location during a time they have custody of the minor child, they shall notifY the other parent or grandparent of the address and phone number of where they will be with the minor child for pwposes of emergency contact. 11. The parties may agree between themselves to modifY this order. However, absent an agreement, this order shall control. 12. In the event either party desires to modifY this order, that party may petition the Court to have the case again scheduled with the custody conciliator for a Conciliation Conference. 13. Attorney Kayer is directed to provide a copy of this order to the maternal grandmother and to the Mother and Attorney Morgenthal is directed to provide a copy of this order to the Father and the paternal grandparents. James J. Kayer, Esquire Roger M. Morgenthal, Esquire BY TIlE COURT, IS; ~O,L IJ a!;/ TRUE COPY Ff:('i~r1 r~C(,RD In Testimony Wh,'iWf, I hx; unto set my hand ~nd th seal of said rourt at rarlisle Pa. . /9Ih . ~ + T.~~ ............. ..~,. ..... prothonota~..~ EXHIBIT B ( JUDI RUBY, Plaintiff ; IN THE COURT OF COMMON PLEAS OF. ; CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-726 CIVIL SHARON KNAPP and CHRISTOPHER], STom, Detendants : CIVIL ACTION-LAW : IN CUSTODY / v. PETITION FOR MODIFICATION 8 Q .~ W ~m % "" <::> -!l <: i~ z- ;g5.; N !5:C5 g ~" :l>o :.;.:+i :r s~ .- 1iC'5 - ~m . . .. ;, ..~ (,,) CHRISTINA M. STOUT and NORMAN T. STOUT, JR.., Additional Defendants I Petitioners AND NOW, corne your additional defendants, Christina M. Stout and Norman T. Stout, Jr., by and through their attorneys, Pannebaker and Jones, P.C. and petitions the Court as follows: 1. Your Additional Defendants/Petitioners in this action dL.e ChrisLina M. Stout and Norman t. Stout, JR., paternal grandparents of Chantal M. Knapp, the child at issue in this matter. Your petitioners currently reside at 16 Berger Lane, Duncannon, Perry County, Pennsylvania. ., 2. Your Respondent is Judi Ruby, maternal grandmother of the child at issue, iln ilrlll1t innivir!111l1 who r;t1t"t""'nt.1y t"p'",ides at 30~ W..lnut Lilne, Carlisle, Curnbel:land County; Pennsylvania. 3. Your Respondent is Sharon Knapp, mother of the child at issue, an adult individual whO currently r~sides at 305 Walnut Lane, Carlisle, Cumberland County, pennsylvania. 4. Respondent is Christopher J. Stout, an adult individuill who currently reside.s at c/o Norman T. Stout ,Jr., and. Christin>l M. SLuuL, 16 B~L\!"L Loin.., Duncannon, PeLLY CounLy, Pennsylvania. 5. On or about April 19, 2000, an Order of Court was . entered granting primary physical and legal custody of Chantal M. Knapp, born November 11, 1998, to the Plaintiff/Respondent, Judi Ruby, maternal grandmother of Chantal M. Knapp, granting Defendant/Retlpunut:IIL CIl.t;1tlLu!JII~.l. J. Stout, and Clu1."tln.. dluj Norman Stout, your additional Defendants/Petitioners, periods of temporary physical custody with the minor child as set forth in said Court Order. A copy of said Court Order is attached hereto marked Exhibit "A" made a part hereof by reference thereto. T7b-O n/q~c! f77.~-.T. -WO~d 8v:rr Ea,-Sa-G~ ( 6. Paragraph twelve (12) of said Order provide that in the evenL ",.ill,,;,!: pd!:Ly iJ",,.,Lr:"''' Lu llludify the Order, the party may petition the Court to have the case again scheduled with a custody conciliator for a Conciliation Conference. 7. Your Additional Defendants/Petitioners, although not named in the oriqinal action, were parties with rights under thp. order of April 19, 2000 above referred. 6. tour Petitioners are desirous of obtaining primary physical and legal custody of the child, Chantal M. Knapp and the Defendant/Respondent, Sharon Knapp and Christopher J. Stout, parents of Chantal M. Knapp, are also desirous and join in this petition. 9. A copy of a note from Defendant/Respondent Sh~ron Knapp L"'':listers no concern and supports your petitioners' seeking primary legal and physical custody of her child. 10. Defendant/Respondent Christopher J. Stout, father of the child at issue and son of your Petitioners has also reqistered no objection to a Change in primary legal RnN physical custody to your Pctitioncra. T717-n ?Tn"..! 17Z~-.l. -wo~~ 8v:rr S0,-S0-Zr . . WJ.lICRF.f'nRR, your Arlrlit;cmRl [)~f~nrlRntR/P~tit.;(')n...rR hF.>r.:eby requ,,:;;t the Cou.rt enter an Order granting them primary phy:,d.<":i:ll and legal custody and granting temporary physical custody to all other parties, as the Court may deem proper. Respectfully submitted, PANNEBAKER AND JONES, P.C. Attorneys for Additional Petitioners Dated: 10/"";J);3 By: ~~~ Peter R. Henninger, Jr., Esqui.rA I. D. lt44873 4000 Vine Street Middletown, PA 17057 Telephone: (111) Y44-1jj3 Roes: Stout17947-PetitionToModify T717-n 7T/g~,.j 1779-.1 -I,nr,j ';17:n 9~.-C~-7T " " ' VERIFICATION We verify that the statements made in this Petition To Modify are true and correct, We understand that false statements herein are made subject to the penalties of IB P~.C::.8.A. s.4904 relat ing to unsworn falsification to authoritie:!. r!L~1tfv2~. Christina ::itout ftn~"~:I! . Norman T. Sto I Jr. ROOr S1;Q'.,ltl7947'V~rifica~i~n -~L ~ ~T/~~T L~~ T _r.1iiU'J ~r.'TT ('iii _Cl7I_7T 10/86/2883 88:29 7177958721 ~ I KEYSTONE AREA CNCL PAGE 82 z. - , ,. ....---- ' . . . " APR 1 7 2000 rI' JUOIItUBY. . IN THE COURT .OF COMMON PLEAS OF CUMBER.LANDCOU'NTY, PENNSYLVI\NIA ClVll. ACTION . LAW . . NO; 2000-726 CIVIL IN CUSTODY Plaintiff v SHARON IOIAPP lIIId CHRISTOPHER J. STOUT, Defendants ~ AND NOW, this ~ day oC April, 2000, upon t:OIISideratlon of Ihe attached CUItOd)' Conciliation Report. It is ordered and directed as follows: \. The maccmaI pn~Othll, Judi Ruby, shall enjoy primary phye!W 8IId lell&l custody of Chantal M. Knapp. born November II, 1991. 2.' The Father, Christopher J. Stout, and the paternal pandpamlls, ChrIstine and Norrnllll Stout, shall enjoy periods of temporary ph)'siell custody with the minor child lIS Collows: A. On I1\lelftllllna _kends l'tom Frida)' at 5:00 p,m, until SlIftday II 3:00 p,m. B. On the Thursday following the weekend they exercise cU510dy from, . 3;00 p.m, until 7:00 p.m.,lIlld on the Tuesday following the weekend they do nOI have custody from 3:00 p.m. until 7:00 p.m. c. At .UGh olller times IS apd llpon by tho partie.. , 3, Tbe !'ather and lhe palernalarandpanln15 shllll aho enjoy lluslOdy on every Father'" Day from 9:00 a,m. until 7:00 p,m. The Mother and the maternal srandmotltcr shall always enjoy custody on Mother's Day from 9:00 a.m. until 7:00 p.m, 4. On the Thank'aiving holiday, the Father and tho patcmal gt'IIIldparcnts shall always have lluslOdy frgm 8:00 a,m. on ThAnlIssiving Day throueh 3:00 or 3:30 p,m. subjcct to the 5l:heduling or tho pat\ies. . The r,1othcr amllhe maternal grandmother shall have custody from 3;00 p,m, or 3:30 p,m, through the end of the day, . . S. For the Easter holiday, in lhe eventlt is not the Father's weekend for custody, Father shall have clolltody on E"l~r Day from 2:00 1'.11\. until 7:00 p,m_ In the event Eater occurs on the weekend Father does have clistody,the child shall be retumcd 10 the Mother llIId the maternal gTlIlIdmolherby2:00 p.m, on EaIller Cay. . " .' r7b-n 7r/~r~ ~7~-1 -wo~~ 05:tt B0,-50-2t 1~/~c/200J 8B:29 71 7i95S721 KEYSTONE AREA CNCL I "'^GE 83 ~ I~!i! '.' I' , " For ihe Christmas holiday. the Father and his parenti sha1ll1ways have cu.lDdy or lhe minor child rrom 9:00 a,m. until 6:00 p.m. The Morher and the matemal. grandmother ahall -!\ioY, clIslody on Chriatmas Elle lIIId Christmll mom;nlllld I.ler in the day 011 ChriSlmBS Day alter 6:00 p.m. 7. The Father lIl\d lIle Mothe, and their respeetive percnlS shall beabl. 10 exercise some period or summe, vacation wilh Ihe minor child. They should giv, the other partlcs nolice in advance and anempl to work OUI summer sc:hedule. ror when tMy can spend atleut one week. with the child, 6, 8. This order contemplates thai the Father shall exercise eustody as set forth above in the pacnce or his parenu, In Ibe eVllnt the Falber is not able \0 ClICKiM cllIlOd)', Father's parents sllNl halle authority to exercise cUltody lIllIIuanl to the lChcdule ror Father U 1Il1 foRb above. . 9, This order also contemplales the Mother will enjoy ouslody of the minor child PU""UUII 10 the IlIlheWlc thaI I. aft'or<led to the malCMal lranclmother II let roRb above. In the event Mother Is nol avaJlable during that limc. maternal grandmother shalt Itave INt period of custody, 10, Both parties shall keep the other parent and srandpalClllS notified with respecllo their Icldress and phone number. Furthermore, in tile event an,. pert)' 11 ovcr nllflt at another lOCation durin; a time they have custody o(the minor child, the)' shall nolll')' the other pevcnt or p1lI'Idparcnt of the address and phOIlC Ilwnber of WIIete lhey will be with the minor child for purposes oremersency conlllCt . II. The parties may agree between themselllcs lO modify this order. However, abJent 81\ ~cnl, this order shall contro\.' . . 12, In the event either party desires 10 modify Ihis orde" that part)' may pcllilion the COIll1 to have lhcCllllC. asain .SCheduled With the ~stody conciliAlor for a Conc:ililllion, Conference. r 13. Attorney Kaye, is direcled 10 provide a cop)' or !his order 10 thc nwcmal grandmother and 10lhe Molhcr and Allamc)' Morp,"hal is directed 10 provide a copy of Ihi. order 10 the Father wtlle peternal ~. ~"'7 . i I Ii Bv.:fHE CO Tj I ,/ Iii '~......'. . . , .' 'I'/~.()O . H~ cc: James J. KaYe!, Esquire RIl8e! M, MorgenlhaJ. &quire ~ . ~~~ ~ 7T/TTJ H7~_T -WOHd TS:TT f0,-S0-ZT ,\ . . . CERTIFICATE 01' SERVICE A copy of the foregoing Petition To Modify has been served by sending a copy of record to the Attorney of Record: Roger M. Morgenthal, Esquire 9S Alexander Spring Road Carlisle, PA 17013 And James J, Kayer, Esquire 4 E. Liberty Avenue Carlisle, PA 17013 by depositing same in the United States mail, postage prepaid, in Middletown, Pennsylvania, this PIi1 ddY ur O~ ' 2003. By: PANNEBAKER AND JONES, P.C. Attorneys for Plaintiff !i?d/J ~~/'~,/ Peter R. ~nger, Jr., Esquire I.D.#44873 4000 Vine Street Middletown fA 17057 (717) 944-1333 res: Stout17947~C@rtofService T7b-n 7Tj7T~ b7~-1 -WOH~ ~~:tt ^A,-g~-Zt JUDY RUBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHER 1. STOUT, Defendants : NO. 2000 - 726 CIVIL : IN CUSTODY CERTIFICATE OF SERVICE I, Georgia 1. Reed, hereby certifY that I am serving a true and correct copy of Defendant's Preliminary Objections on the following person, counsel for defendants, by depositing a copy of the same in the United States mail, postage prepaid, this 9th day of December, 2003. Peter R. Henninger Four Thousand Vine Street Middletown, P A 17057 d~of:~aA Georgia 1. Reed Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 (717)243-2968 Fax: (717)243-3639 0 t-:-:::, 0 c: (.,) -n s: .~., lJlJ) 1 rTlfft ") 2:1..1 Zr;:. ~.D ~::.~ r-., .n, -TJ ~........... ~Q ~'C) !"o.~) , . c: -. ._~, Z r.- 11 :::2 t:) -- ?} DEe ~003 JUDI RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHERJ. STOUT, Defendants v NO. 2000 -726 CIVIL CHRISTINA M. STOUT and NORMAN T. STOUT, JR. Petitioners : IN CUSTODY COURT ORDER AND NOW, this '2.f\ day of December, 2003, upon consideration of the attached Custody Conciliation Report and in light of the Preliminary Objections filed in this case protesting the standing of the Paternal Grandparents to seek custody of the minor child Chantal M. Knapp, and in further consideration of the facts the parties have stipulated to as set forth in the attached cnstody conciliation report, it is ordered and directed as follows: 1. Counsel for the Maternal Grandmother shall file a brief with the court on or before January 26, 2004 addressing the sole issue involving the Preliminary Objections as set forth in the attached custody conciliation report. 2. Counsel for the Paternal Grandparents shall file a repose brief on or before February 9, 2004. 3. Upon receipt of the briefs, the court will decide if oral argument will be scheduled in this matter. In the event the preliminary objections are dismissed, the court will issue an order scheduling this case for a hearing. J. cc: Peter R. Henninger, Jr., Esq re 7 i?J. -no Lr ./)I\'--tl.-L.~ 1,1. dPj ~ 6~ J/kS Erin Benson Dickinson School of Law Family Law Clinic J~~~~ <YE? E::.~~ 0;:.:::; , <....-." /~:;t~ '-~...- '..~.J i'J::::t.'..J ;:f:; '1, () "..,.~ "~-C Co '\J r..., /':.J Cj :::::> "" ~ '\1 -. s? :"if u JUDI RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants v NO. 2000 - 726 CIVIL CHRISTINA M. STOUT and NORMAN T. STOUT, JR. Petitioners : IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Chantal M. Knapp, born November 11, 1998. 2. A Conciliation Conference was held on December 18, 2003, with the following individuals in attendance: The Maternal Grandmother Judi Ruby, with her representative, Erin Benson, of the Dickinson School of Law Family Law Clinic; the Paternal Grandparents Christina M. Stout and Norman T. Stout, Jr., with their counsel Peter R. Henninger, Jr., Esquire; and the Father Christopher J. Stout and the Mother, Sharon Knapp, who appeared without counsel. 3. The history of this case is that the Mother, Father, Maternal Grandmother and Paternal Grandparents appeared before the conciliator in April of 2000 at which time an agreement was reached whereby the court entered an Order granting the Maternal Grandmother legal and physical custody of the minor child and provided the Father and Paternal Grandparents various periods of temporary physical custody including alternating weekends and other times. Essentially, the child has remained with the Maternal Grandmother and the Paternal Grandparents have been visiting the child, along a schedule that appears consistent with a parental visitation schedule that may be set up in a custody case. 4. Paternal Grandparents now feel the child is better off living with them for a variety of reasons that do not need to be addressed in this Conciliation Report, and the Paternal Grandparents have filed a Petition seeking primary physical custody of the minor child. The Maternal Grandmother's attorney has filed Preliminary Objections suggesting the Paternal Grandparents do not have standing to seek custody. 5. Relative to the procedural issues, the parties essentially agree that the narrow issue is as follows: Where a Maternal Grandparent enjoys primary physical and legal custody of a grandchild and the Paternal Grandparents enjoy periods of temporary physical custody with the grandchild pursuant to the same Order of Court, do the Paternal Grandparents have standing to seek primary custody of the minor grandchild as against the Maternal Grandparent? 6. For purposes of disposition of the Preliminary Objections, the parties have agreed to the following stipulated facts: A. AIl of the parties, including the Mother, Father, Maternal Grandmother and Paternal Grandparents appeared at a custody conciliation conference in April of 2000 and agreed to the entry of the April 19, 2000 Order of Court, a copy of which is attached hereto and marked Exhibit "A". B. Since April of 2000, the Maternal Grandmother has enjoyed primary physical and legal custody of the minor child Chantal M. Knapp, born November 11, 1998 pursuant to the Order of Court. C. Since April of 2000, the Paternal Grandparents have enjoyed periods of temporary physical custody with the minor child pursuant to the Order which included alternating weekends, some evenings and other times the parties agreed. D. The Paternal Grandparents were not named as a party in the caption of this case in 2000. However, they attended the custody conciliation conference and they were specifically granted periods of temporary custody pursuant to the April 19, 2000 Order. ID: DEe 09'03 15:20 No.GOo P.08 APR 1 7 2000 f/J Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLA.~ COUNTY, PENNSYL V A.~JA eNIL ACTION - LAW NO. 2000-726 CNIL roDI RUBY, v . SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants IN CUSTODY COURT ORDER AND NOW, tlus .-l!1+hdny of April. 2000, lqllln consideration of the altached Custody Conciliation Report, it is ordered ftI1d directed ns follows: 1. TIle maternal grandmother, Judi Ruby, shall enjoy primal)' physical and legal custody of Chantal M. KllllPP, born November II, 1998. 2. 'J110 Flllher, Christopher .T. StOllt, and the paternal grandpllrents, Christine and Norman Stout, shallcl\jOY pcrj(jds (J[ tcrnpormy phy..ical custody with the minor cluld as follows: . . ...... .. A. . . . ,". . ," , . ",'" ...... .' " I' .,', I . On alternutillg weekends from Friday at 5:00 p.m.. until Sunday" ilt 3:00 p.m. n. On the Thursday following the weekend they exercise custody from. 3:00 p.m. until 7:00 p.m., and on the 1\lesdny following the weekend they do not have cllstody finm 3:00 p.m. until 7:00 p.m. c. At such otlwr tirnm as agl'Ocd upon by the parties. 3. The FatJler and the prncnml grandparents shall also elUoy custody on every Falher's Day from 9:00 a.tn. until 7:00 p.m. 111C Mother and the materml grandmother shall always enjoy custody on Mother's Day fi'om 9:00 a.m. Imtil7:00 p.m. 4. On thc 'Ihanksgivingholiday, the Father .md the patemal grandp<u'ellts shall always have custody from 8:00 a.llI. olll'lilnksgiving Day through 3 :00 Or 3:3() p.m. subje.ct to the scheduling of the parties. IlK Mother and the matemal grallJmother shall have custody fI.om 3:001'.111. or 3:)1l p.m. tiu'o\l~h the end of the day. 5. For the Easter holiday, in the event it is Iiot tllC Father's weckelJd li,r cllstody, Father shall have custody On Ea.'ter Day fhHll 2:00 p.m. until 7:001'.111. In tile event Easter oC.Cllrs on the weekend )"mlwr does have c\lstony, thc ehild shall be returned to tlw Mother find the lIlatowEll g.l'allchnoth,'( by 2:00 p.lll. On Fa,ter Day. EXHIBIT j '/r ID: DEe 09'03 15:26 No.OOS P.09 6. For the Chtistm~s holiday, the Fother and his parents ~hall always have custody of the minol' child Ii-om 9:00 8.111. until 6;00 p.m. TIle Mother and the matemo.! grandmother shall e~ioy clIstody (lll Chrisbnas Eve and Christmas morning flnd later in the day on Christmus Day aftcr 6;00 p.m. 7. lhe Father 8nd the Mothe. and their respective parents shall be able to exercise some period of SIUlUIler vllcation with the mUlOr child. They should give the other parties notice in adv8nce flllClllltempt to work out sunullcr schedulcs for when they CM spend at least one we.c.k with the child. 8. This order contemplates that the Fathcl' shall exereise custody as sct forth above in the pr~.sence of his parents. [n thc event the Father is not able to exercise custody. Fatller's parents shall have UllthOrlly to exerciso cllstody pursuant to tho schedule for Fathor as sct forth ahove. 9. TIus order also eontemplutcs tho Moth.er will enjoy custody (,f tho minor child pursuant 10 tho schedule that is afforded to the m8tcrnal grandmother as ~et forth above. In the event Mother is not available during that time, maternal gmndmo1l1er shllIl have that period of cllstody. 10. Roth parties shall kcep the other parent and grandparents notified with respect t() their address lllld phone lllullocr. J ;\lttbel1nol'e, in the event any party is over nighlal anoth('r locatioll during a lime t11CY hliYC CllstCldy of tho minor child, they shall notify the olher parent or WIUldparellt oftht'. address and phone llllmber of where they will be with the minor child for plII'poses of emcrgency contact. 11. The p.uiies may agrcc bctw~.ell them,c've.. to modify this order. However. absent an agrecment. this order ~lulil control. . 12. In the event either party desires to modify this ord~.r, tllat party may petition the COlut to have the CEI-SO again sc.hcduled with the cllstody conciliator for a Conciliation Confcrellec. 13. AtlOlTley Kaycr is din~cted 10 provide a copy of this order to the matcrnal grandmother and to the Mother and Allomey Morgenthal i~ directed to providc u copy of this order to .t.he Father and the pi>knlal gmndparenl<;. (:.~~: Jarn<,. J. Kaycr, Esquire Roger M. Morl(en!.hal, Esquire BY THE COURT, 1':1 ~ji:&J;/ TPll'" ("r';,," l:"('\~ ~~rr'ry\) \ ,~ , ...f I' '.". ' . ',", ".,.", 1\. In lL,.~:,t:il1or~y \':r:,~,,'r;(/!, i 11. J ,:': un1't; ~,:.:.t r.1Y hand ilnd Ih~1 ~:JI or Si1id Court ,I:' fclr!idc Pa 'lh~/./?I!)Jt' d-'f/-:~~. ~~l. .lhC'f~l_. / 9/ ' .\...1,);111 . .. -:/: "..n.l.-if,..p..:p4mu..,.,- ~ I ProthGnot~ry I ID: DEe 09'03 15:26 No.006 P.O~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERT,AND COUNTY, PENNSYLVANIA CrvlL AeTION - LAW JUDIRUBY, v SHARON KNAPP and CHRISTOPHERJ. STOUT, Defendants NO. 2000-726 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH TI-JE CUMBERLI~D COUNTY CIVIL RULE OF PROCEDURE 1915J.8(b), the undelliigned Cu.~lody Conciliator submits the following report: I. The pertinent infonnation pm1ailling to the child who is the ~ubject of this litigation is !IS follows: Chantal M. Knapp, bom Novcmlwr 11, 199~. 2. A Conciliation Conference was hcld on April 6, 2000, with the following individuals in aMcndancc: The natural Mother, Sharon KJlfll>P; who <lppcared without legal counsel: the Father, Clu'islopher J. Stout who nppcared with Roger M. Morgenthal; lU1d the maternal grlU1drnothcr, Judy Ruby, with her cOllnsel, JlU11es J. Kayer, E~quire; and the patemal grandparents. Christine and NonnlUl Stout, who were also represented by Attorney Morgenthal. 3. The partie.. agree tD the entry of lUl order in the fannlls attached. ~~LOb _ DArE JUDY RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW SHARON KNAPP and, CHRISTOPHER J. STOUT, Defendants NO. 2000 - 726 IN CUSTODY CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Additioual Defendants COURT ORDER ,/ AND NOW, this ';1- day 0'rJ~ , 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The maternal grandmother Judy Ruby shall enjoy legal custody of Chantal M. Knapp, born November 11, 1998. 2. The maternal grandmother shall have primary physical custody of the child from September 1 until March 31 of each year. During such time, the paternal grandparents, Norman T. Stout, Jr. and Christina M. Stout, and the father, Christopher J. Stout, will have periods of custody with the minor child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. and on every Wednesday evening at 4:00 p.m. until Thursday morning. 3. The paternal grandparents and father shall have physical custody of the child from April 1 until August 31 of each calendar year. During such time, the maternal grandmother will have periods of custody with the child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. and on every Wednesday evening at 4:00 p.m. until Thursday morning. 4. Paternal grandparents and father shall enjoy custody of the child on every Father's Day from 9:00 a.m. until 7:00 p.m. 5. The mother shall enjoy visitation of the minor child on every Mother's Day from 9:00 a.m. until 7:00 p.m. under the supervision of the paternal grandparents. 6. On Thanksgiving, the paternal grandparents and the father shall have custody of the child from 8:00 a.m. until 3:00 p.m. The maternal grandmother shall have from 3:00 p.m. through the end of the day. 7. On the Easter holiday and in the event it is not paternal grandparents and father's weekend for custody, father shall have custody on Easter Day from 2:00 p.m. until 7:00 p.m. In the event Easter occurs on the weekend father does have custody, the child shall be returned to the maternal grandmother by 2:00 p.m. on Easter Day. 8. On the Christmas holiday, the paternal grandparents and father shall have custody of the child from 9:00 a.m. until 6:00 p.m. The maternal grandmother shall enjoy custody of the child on Christmas Eve night and Christmas morning until 9:00 a.m. and on Christmas night after 6:00 p.m. 9. Mother shall have supervised visitation with the child when the child is in the custody of the paternal grandparents by agreement of the parties. Mother shall notify the paternal grandparents at least one week before she wishes to exercise her visitation. 10. The maternal grandmother and the paternal grandparents shall each be able to have custody of the child for one week during the year during which time they may take the child on a vacation. The maternal grandmother and the paternal grandparents shall give each other advance notice of vacation schedules. 11. All parties shall keep each other notified of their addresses and phone numbers. 12. The parties may modify the custody arrangement as set forth above if the parties agree between themselves. Absent such an agreement, the terms of this custody order shall control. 13. It is noted that this order is entered pursuant to an agreement reached by the maternal grandmother, father and paternal grandparents. The mother was not involved in the conciliation process because, apparently, she was out of the jurisdiction and did not involve herself in the proceedings. In the event the mother desires to modify this order or in the event either other party desires to modify this order, that party may petition the court to have the case again scheduled with the Custody Conciliator for a conference. 14. Counsel for the maternal grandparent shall ensure that a copy of this order and the accompanying report is served on the mother via regular mail and via certified mail, return receipt requested. BY Ch~~ Judge cc: Georgia L. Reed James B. Pannebaker, Esquire Sharon Knapp ~.~ .3-0:<' ..o'{ c;L F:U:.D~();T1C~ C- -I ,- V.(' I" .r,---'" ,'\1 )i l";t.:, 1';--L)ir~\.;I,;";;r'-"',, 2GD4 ilXl\ -2 ~.;\ 1\: 3D C\JL;;:: . 7 ) MAR 0 7 2004 ~ JUDY RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW SHARON KNAPP and, CHRISTOPHER J. STOUT, Defendants NO. 2000 - 726 CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Additional Defendants, IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator spoke with the attorneys for the parties and, based upon that telephone conference, the Custody Conciliator recommends an order in the form as attached. :3/ ! 0 { DATE {/)! IrJ Hubert X. Gilroy squire Custody Conciliator Elizabeth A. Hoffman, Esquire 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 JUDY RUBY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants NO. 2000-726 IN CUSTODY v. CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Additional Defendants PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes Defendant Sharon Knapp, by and through her attorney Elizabeth A. Hoffman, Esquire, to petition this Court for a modification of the custody order: 1. Petitioner Sharon Knapp ("Petitioner) is an adult individual who resides at 342 Washington Avenue, Apartment #1, Mifflintown, Pennsylvania 17059. 2. Petitioner is the natural mother of the minor child Chantal M. Knapp ("the child"), born November 11, 1998. 3. Plaintiff Judy Ruby ("Plaintiff') is Petitioner's mother and resides at 305 Walnut Lane, Carlisle (Cumberland County), Pennsylvania 4. Defendant Christopher Stout ("Defendant Father"), an adult individual, is the natural father of the child. 5. Defendant Father's last known address is 16 Berger Lane, Duncannon (Cumberland County). Pennsylvania. 6. Additional Defendants Christina Stout and Norman T. Stout, Jr. ("Additional Defendants"), adult individuals, are the paternal grandparents of the child. 7. Additional Defendants' last known address is 16 Berger Lane, Duncannon (Perry County), Pennsylvania. 8. Until recently. Plaintiff Judy Ruby, Petitioner's mother. had primary custody of the child. 9. Petitioner lived with Plaintiff and the child until January 23, 2004, when Plaintiff demanded that she, her fiance, and her two children move from the residence at 305 Walnut Lane. 10. On November 12, 2003, Additional Defendants filed a petition to modify the custody order by granting them primary custody of the child. 11. A custody conciliation conference was held on December 12, 2003, at which time the parties did not reach an agreement. 12. A custody order granting joint custody to Plaintiff and Additional Defendants was issued pursuant to an agreement conveyed through a telephone conference between the conciliator, and the attorneys for Plaintiff and Additional Defendants on March 2, 2004. 13. Petitioner was not involved in reaching the agreement because she had no knowledge that such proceedings were taking place. 14. Petitioner seeks primary custody of the child because she is the child's natural mother and lived with the child up until two months ago. In addition, Petitioner believes that the child is not safe in Plaintiff's custody because of Plaintiff's temperament and the conditions in her home. WHEREFORE Petitioner respectfully requests that this Honorable Court issue an order granting her primary custody of the child. 2 Respectfully submitted, I; .Ih A HJ!.vft:: Attorney for Petitioner 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 10 #71000 3 ~ -, ., v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JUDY RUBY, Plaintiff SHARON KNAPP and, CHRISTOPHER J. STOUT, Defendants NO. 2000 -726 IN CUSTODY CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Additional Defendants COURT ORDER AND NOW, this ol~ day of ~ , 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The maternal grandmother Judy Ruby shall enjoy legal custody of Chantal M. Knapp, born November 11, 1998. 2. The maternal grandmother shall have primary physical custody of the child from September 1 until March 31 of each year. During such time, the paternal grandparents, Norman T. Stout, Jr.-and Christina M.Stout, and the- father, Christopher J. Stout, will have periods of custody with the minor child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. and on every Wednesday everdng at 4:00 p.m. witil Thursday morning. 3. The paternal grandparents and father shall have physical custody of the child from April 1 until August 31 of each calendar year. During such time, the maternal grandmother will have periods of custody with the child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. and on every Wednesday evening at 4:00 p.m. until Thursday morning. 4. Paternal grandparents and father shall enjoy custody of the child on every Father's Day from 9:00 a.m. until 7:00 p.m. 5. The mother shall enjoy visitation of the minor child on every Mother's Day from 9:00 a.m. until 7:00 p.m. under the supervision of the paternal grandparents. 6. On Thanksgiving, the paternal grandparents and the father shall have custody of the child from 8:00 a.m. until 3:00 p.m. The maternal grandmother shall have from 3:00 p.m. through the end of the day. 7. On the Easter holiday and in the event it is not paternal grandparents and father's weekend for custody, father shall have custody on Easter Day from 2:00 p.m. until 7:00 p.m. In the event Easter occurs on the weekend father does have custody, the child shall be returned to the maternal grandmother by 2:00 p.m. on Easter Day. 8. On the Christmas holiday, the paternal grandparents and father shall have custody of the child from 9:00 a.m. until 6:00 p.m. The maternal grandmother shall enjoy custody of the child on Christmas Eve night and Christmas morning until 9:00 a.m. and on Christmas night after 6:00 p.m. 9. Mother shall have supervised visitation with the child when the child is in the custody of the paternal grandparents by agreement of the parties. Mother shall notify the paternal grandparents at least one week before she wishes to exercise her visitation. 10. The maternal grandmother and the paternal grandparents shall each be able to have custody of the child for one week during the year during which time they may take the child on a vacation. The maternal grandmother and the paternal grandparents shall give each other advance notice of vacation schedules. 11. All parties shall keep each other notified of their addresses and phone numbers. 12. The parties may modify the custody arrangement as set forth above if the parties agree between themselves. Absent such an agreement, the terms of this custody order shall control. 13. It is noted that this order is entered pursuant to an agreement reached by the maternal grandmother, father and paternal grandparents. The mother was not involved in the conciliation process because, apparently, she was out of the jurisdiction and did not involve herself in the proceedings. In the event the mother desires to modify this order or in the event either other party desires to modify this order, that party may petition the court to have the case again scheduled with the Custody Conciliator for a conference. 14. Counsel for the maternal grandparent shall ensure that a copy of this order and the accompanying report is served on the mother via regular mail and via certified mail, return receipt requested. BY THE COURT, 1~ge ~ /3. 13th cc: Georgia L. Reed James B. Pannebaker, Esquire Sharon Knapp TRUE COpy FROM RECORD In T HtlmOl'lY whereof, I here unto.set my MOO and the seal of said Ccl!Irt at CaIlIsle fa. fhis ;/ ~JIay ~ ~'-( '0l~<I . (/~I_.. -~~/#. . ProthOllOllI'Y , ' . MAR 0 1 2004'P v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JUDY RUBY, Plaintiff SHARON KNAPP and, ClIRISTOPHER J. STOUT, Defendants NO. 2000 - 726 CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Additional Defendants, IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator spoke with the attorneys for the parties and, based upon that telephone conference, the Custody Conciliator recommends an order in the form as attached. ;3~ ( U <( DATE e{:f?~ Custody Conciliator ATTORNEY VERIFICATION I, the undersigned, represent Petitioner Sharon Knapp and am authorized to make this verification on her behalf. I therefore verify that the information provided in the attached petition is true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 34904, relating to unsworn falsification to authorities. Date: 3f~f ~ ~~a ,Esquire CERTIFICATE OF SERVICE I. Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the attached document was delivered by U.S. mail to the following persons: Peter R. Henninger, Jr., Esquire 4000 Vine Street Middletown, PA 17057 Judy Ruby 305 Walnut Lane Carlisle, PA 17013 Date: ~1~" Attorney for Petitioner 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 10 #71000 Id #- - ..f::: -.c -.. .<:l ~ (:J'6q. 1'5 B ~. o ()' ~ --ft -1'" ;". ~,' I~..,' . - ~ ~ ~_i: I, );~f~ () ~~; J, -" ~'-" ~ = = ,,- -!': 'i,. ::;'(.1 N (.11 o ... --, :::C -n n1r-,.: -n fTl ::1'7 C) -) :-:~ ~1', ~'J <,) ~~jl'-n "D -:.. l'.) (""") ....... ~- PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JUDY RUBY v. 00-726 CIVIL ACTION LAW SHARON KNAPP AND CHRISTOPHER J. STOUT V. CHRISTINA M. STOUT AND NORMAN T. STOUT, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 01, 2004 , upon consideration of the attached Complaint, it is hereby directed that partics and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 22, 2004 , the conciliator, at 9:30 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 present at the conference. Failure to appear at the conference may provide grounds for entry of n 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: Isl Hubert X. Gilroy, 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 availablc 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 fhe court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS P MER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN A ITORNEY 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 . ~ ~r;r;x'# #?" ~&. ~ $"'?l-;& ~ ~ $ ~~ ~tt, ~tJffr~ ~~.rtJ . 1 - "." he.07 8;] .r'. I.. /- ,." .'C.. ) .;:, l. '.; I~. '" '.... . ...... -u. ::'.j />(7 c . /l or.? ;; 17 /;(/5' ./1 -, JUDY RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SHARON KNAPP AND CHRISTOPHER J. STOUT, NO. 2000 - 726 Defendants IN CUSTODY v CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Defendants COURT ORDER AND NOW, this l <( day of May, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this courts prior order of March 2, 2004, shall remain in affect subject to the following modifications: 1. Custody of the minor child Chantal M. Knapp, born November 11, 1998, on weekends shall alternate between the mother, paternal grandparents and maternal grandparents. Mother shall have custody the weekend of May 7, 2004, maternal grandparents shall have custody the weekend of May 14, 2004, mother shall have custody the weekend of May 21, 2004, paternal grandparents shall have custody the weekend of May 28, 2004, maternal grandparents shall have custody the weekend of June 4, 2004, paternal grandparents shall have custody the weekend of June 11, 2004, mother shall have custody the weekend of June 18, 2004, maternal grandparents shall have custody the weekend of June 25, 2004, and paternal grandparents shall have custody the weekend of July 2, 2004. 2. The Conciliator shall conduct a telephone conference call with the attorneys for the parties on July 8, 2004, at 8:30 a.m. 3. In all other respects, the prior custody order shall remain in place. 4. Transportation for exchange of custody relative to the mother obtaining custody of the child shall be such that the mother shall pick up the child at 6:00 p.m. at the paternal grandparents home on Friday evening, and the paternal grandparents and the mother shall meet to deliver custody back to the paternal grandparents on Sunday evening at 6:00 p.m. at the Route 34 exit off of Route 322. I BY THE COURT, j cc: ~.abeth A. Hoffman, Esquire v.Jll'mes Pannebaker, Esquire v:fason Evans, Dickinson School of Law > f~.JJi) L1" ~i&cl ~ O.5-J~-O~ .'>.- Lt: ~5 eJ9 p:::,~i ('3~ ,::5~::: Gjct: _J D::fjj 11 C5 ....... ,,,... :iC "'"'" ec, ~ C'-;> - C\J ('J ~- f-- - - ~:-~-'5J:s(' -" .?~ "" .~-~ , ,_J /) "'<;:( " ,',r:h "--,." ~.L.. -: :) (J JUDY RUBY, Plaintiff v MAY 1 3 2004 jj~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW SHARON KNAPP AND CHRISTOPHER: NO. 2000 - 726 J. STOUT, Defendants v CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Defendants IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT The Conciliator met with all parties and all attorneys and an agreement was worked out in accordance with the attached order. r(tI( {J <I DATE C}/:;f Hubert X. Gilroy, Esq . Custody Conciliator OCT 0 4 2004 JUDY RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SHARON KNAPP AND CHRISTOPHER J. STOUT, NO. 2000-726 Defendants IN CUSTODY v CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Defendants COURT ORDER AND NOW, this h day Of~' -;-2004, upon consideration of the attached Custody Conciliation report, it is ordered that Ithis Court's prior Orders of March 2, 2004 and May 18, 2004 are vacated and replaced with the following Order: 1. The maternal grandmother, Judy Ruby, shall enjoy legal custody of Chantal M. Knapp, born November 11, 1998. 2. Physical custody of the minor child during the sl:hool year shall be handled as follows: a. The paternal grandparents, Christina M. Stout and Norman T. Stout, Jr., and the father, Christopher J. Stout, shall enjoy physical custody with the minor child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, the paternal grandparents and the father shall have custody of the minor child every Wednesday from 4:30 p.m. until 7:00 p.m. b. The mother, Sharon Knapp, shall enjoy physical custody with the minor child on one out of four weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, the mother shall have custody of the minor child on Monday, Tuesday, Thursday and Friday from 1:30 p.m. until 5:00 p.m. On Wednesday of each week, mother shall have custody from 1:30 p.m. until 4:30 p.m. c. The maternal grandmother, Judy Ruby, shall enjoy physical custody during the school year at all other times except at set forth above. V\\\~j/\l,\~?r'H,n.d }JJ.ln","- r "-,,/,""f'" '01 ;\,,1,_' :_~'i;,: i~ IS:5 liIJ 9- DO ~OOZ AUVlC;<CHlo;~d 3Hl jO 3::)i~:iO-o:rH_~ 3. Physical custody of the minor child during the slllmmer months, from the end of the school year to the beginning of the school year, shall be handled as follows: a. The maternal grandmother, Judy Ruby, shull enjoy physical custody with the minor child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, the maternal grandmother shall have custody of the minor child every Wednesday from 4:30 p.m. until 7:00 p.m. b. The mother, Sharon Knapp, shall enjoy physical custody of the minor child on one out of four weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, the mother shall have custod,y of the minor child on Monday, Tuesday, Thursday and Friday from 1:30 p.m. until 5:00 p.m. On Wednesday of each week, the mother shall have custody from 1:30 p.m. until 4:30 p.m. c. The paternal grandparents, Christina M. Stout and Norman T. Stout, Jr., and the father, Christopher J. Stout, shall enjoy physical custody during the summer months, from the end of the school year to the beginning of the school year, at all other times except as set forth above. 4. The mother, Sharon Knapp, and the paternal ~:randparents, Christina M. Stout and Norman T. Stout, Jr., and the father, Christopher J. Stout, shall also enjoy rights in the nature of shared legal custody such that they shall be entitled to receive all information pertaining to the child relative to school, health, social and all other pertinent matters. This order contemplates thut the school district involved with the minor child shall share with the mother and tht: paternal grandparents and the father any and all information and that the mother and the paternal grandparents and the father shall be entitled to attend all school events. 5. This is a temporary order entered pursuant to the recommendation of the Conciliator and does not prejudice any party from advancing a different physical custody proposal at a hearing. In the event any of the parties feel this matter needs to be addressed by the Court or needs to again go before the Custody Conciliator, they may contact the Custody Conciliator directly to schedule either a conference with the Conciliator or a hearing before the Court. ~ Judge Edgar B. BayIE~Y, Jr. cc: ~~abeth A. Hoffman, Esquire .Ames Pannebaker, Esquire ./ ~on Evans, Dickinson School of Law " \///\i\;>l~),!;:;.\:i I 1\1."1----,,-, .')"'-r"'.~ l\.i/II ;'-',.,' , i::~'~'_"Yi'") ,,/'.1,.... I (' . r "'1 ~.O };.;if1 9~ l:JO ?ODZ 1;';'-.1."(\\'-.;'/'1,_",.< "".... 1\'-01 V 'I 'IVI J...\_'(.i~ :;;~.1. ::iJU:iO-Q:n!:i :!o o 17 JUDY RUBY, Plaintiff u~ 2004 IN THE COURT OF COMMON P~AS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SHARON KNAPP AND CHRISTOPHER: NO. 2000 - 726 J. STOUT, Defendants IN CUSTODY v CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Defendants CONCILIATION CONFERENCE SUMMARY REPORT The Conciliator conducted a telephone conference call alltd an in person conference with all the attorneys for the parties in order to update the current status of the Order. Based upon that conference, the Conciliator recommends an Order in the form as attached. f h-7~ f DATE ' ;;11 Hubert X. G' oy, Esquire Custody nciliator James B. Pannebaker, Esquire Pannebaker & Mohr, P.C. J.D. #09667 4000 Vine Street Middletown, P A 17057 Telephone: (717) 944-1333 ruDI RUBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants : NO. 2000-726 CIVIL : IN CUSTODY V. CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Additional Defendants I Petitioners PETITION FOR MODIFICATION AND NOW, comes your defendant, Christopher ,J. Stout, and additional defendants, Christina M. Stout and Norman T. Stout, Jr., by and through their attorneys, Pannebaker and Mohr, P.C. and petition the Court as follows: 1. Your Defendant/Petitioner in this action is Christopher J. Stout, an adult individual who currently resides at c/o Norman T. Stout Jr., and Christina M. Stout, 16 Berger Lane, Duncannon, Perry County, Pennsylvania. 2. Your Additional Defendants/Petitioners in this action are Christina M. stout and Norman T. Stout, Jr., paternal grandparents of Chantal M. Knapp, the child at issue in this matter. Your petitioners currently reside at 16 Berger Lane, Duncannon, Perry County, Pennsylvania. 3. Your Respondent is Judi Ruby, maternal grandmother of the child at issue, an adult individual who currently resides at 305 Walnut Lane, Carlisle, Cumberland County, Pennsylvania. 4. Your Respondent is Sharon Knapp, mother of the child at issue, an adult individual who currently resides at Harvon Motel, Room 22, 851 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 5. On October 6, 2004, an Order of Court was entered granting primary physical and legal custody of Chantal M. Knapp, born November 11, 1998, to the Plaintiff/Respondent, Judi Ruby, maternal grandmother of Chantal M. Knapp; granting 2 Defendant/Petitioner Christopher J. Stout, and Christine and Norman Stout, your additional Defendants/Petitioners, periods of temporary physical custody with the minor child as set forth in said Court Order; granting Sharon Knapp, Defendant/Respondent, periods of temporary physical custody with the minor child as set forth in said Court Order. A copy of said Court Order is attached hereto marked Exhibit "AU made a part hereof by reference thereto. 6. Paragraph five (5) of said Order provide that in the event either party desires to modify the Order, the party may petition the Court to have the case again scheduled with a custody conciliator for a Conciliation Conference. 7. On August 10, 2005, Judi Ruby, Plaintiff/Respondent, signed a note indicating she was giving her primary custody of the minor child to Christopher Stout. A copy of said Note is attached hereto marked Exhibit "BU made a part hereof by reference thereto. 8. Jacqueline Humphries, a therapist with Northwestern Human Services, was the primary family therapist for Chantal Knapp and her family members from February 2005 to August 2005. 3 In a letter dated November 7, 2005, Ms. Humphries discusses the improved behavior of Chantal once she was living primarily with her father and paternal grandparents, and supports the home of Christina M. Stout and Norman T. Stout, Jr. as being Chantal's primary residence. A copy of said Letter is attached hereto marked Exhibit "C" made a part hereof by reference thereto. 9. Your Petitioner, Christopher J. Stout, is desirous of obtaining primary physical and legal custody of the child, Chantal M. Knapp, and the additional Defendant/Petitioners, Christina M. Stout and Norman T. Stout, Jr., also desire for Christopher J. Stout to obtain primary physical and legal custody of the child, Chantal M. Knapp, and join in this petition. WHEREFORE, your Defendant/Petitioner, Christopher J. Stout, and your Additional Defendants/Petitioners, Chri:3tina M. Stout and Norman T. Stout, Jr. hereby request the Courc enter an Order granting Christopher J. Stout primary physical and legal custody and granting temporary physical custody to all other parties, as the Court may deem proper. 4 Dated: November 17, 2005 Respectfully submitted, PANNEBAKER AND MOHR, P.C. Attorneys for Petitioners -- By: Jame 1. D. 4000 Vine Street Middletown, PA 17057 Telephone: (717) 9~4-1333 Esquire 5 JUDY RUBY, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SHARON KNAPP AND CHRISTOPHERJ. STOUT, NO. 2000 - 726 Defendants IN CUSTODY v CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Defendants COURT ORDER AND NOW, this ~ day of (f)J' r Jre.U ,2004, upon consideration of the attached Custody Conciliation report, it is ordered that this Court's prior Orders of March 2, 2004 and May 18, 2004 are vacated and replaced with the following Order: 1. The maternal grandmother, Judy Ruby, shall enjoy legal custody of Chantal M. Knapp, born November 11, 1998. 2. Physical custody of the minor child during the school year shall be handled as follows: a. The paternal grandparents, Christina M. Stout and Norman T. Stout, Jr., and the father, Christopher J. Stout, shall enjoy physical custody with the minor child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, the paternal grandparents and the father shall have custody of the minor child every Wednesday from 4:30 p.m. until 7:00 p.m. b. The mother, Sharon Knapp, shall enjoy physical custody with the minor child on one out of four weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, the mother shall have custody of the minor child on Monday, Tuesday, Thursday and Friday from 1:30 p.m. until 5:00 p.m. On Wednesday of each week, mother shall have custody from 1:30 p.m. until 4:30 p.m. c. The maternal grandmother, Judy Ruby, shall enjoy physical custody during the school year at all other times except at set forth above. f)(hi'oi+- II A /I 3. Physical custody of the minor child during the summer months, from the end of the school year to the beginning of the school year, shall be handled as follows: a. The maternal grandmother, Judy Ruby, shall enjoy physical custody with the minor child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, the maternal grandmother shall have custody of the minor child every Wednesday from 4:30 p.m. until 7:00 p.m. b. The mother, Sharon Knapp, shall enjoy physical custody of the minor child on one out of four weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally, the mother shall have custody of the minor child on Monday, Tuesday, Thursday and Friday from 1:30 p.m. until 5:00 p.m. On Wednesday of each week, the mother shall have custody from 1:30 p.m. until 4:30 p.m. c. The paternal grandparents, Christina M. Stout and Norman T. Stout, Jr., and the father, Christopher J. Stout, shall enjoy physical custody during the summer months, from the end of the school year to the beginning of the school year, at all other times except as set forth above. 4. The mother, Sharon Knapp, and the paternal grandparents, Christina M. Stout and Norman T. Stout, Jr., and the father, Christopher J. Stout, shall also enjoy rights in the nature of shared legal custody such that they shall be entitled to receive all information pertaining to the child relative to school, health, social and all other pertinent matters. This order contemplates that the school district involved with the minor child shall share with the mother and the paternal grandparents and the father any and all information and that the mother and the paternal grandparents and the father shall be entitled to attend all school events. 5. This is a temporary order entered pursuant to the recommendation of the Conciliator and does not prejudice any party from advancing a different physical custody proposal at a hearing. In the event any of the parties feel this matter needs to be addressed by the Court or needs to again go before the Custody Conciliator, they may contact the Custody Conciliator directly to schedule either a conference with the Conciliator or a hearing before the Court. BY THE COURT, cc: Elizabeth A. Hoffman, Esquire James Pannebaker, Esquire Jason Evans, Dickinson School of Law ,~ / 1/ ..,\1 n-:-'-,'P\"\ TEq~ Cf':'F"Y FR\.JJ'l U.I.,,"\v ~'.\, 't.. .. :'" ~. ,r h-::l.~O .'....C( c:;-.t :-f)'1 han.d In TSClim".Ti~\-:',cr':or, I "te'~ . ",) ,':- 0 ' . ~ : I ..". ", ~. " _::l I i] an "n'"'' 0, sa,. cO,un .-. _d A!~' ' 'Lt' 1 I [ T' ,,,,,,ify,,, l(1\tf.. r:..., [rllQ. _ ,,_MurnD.1UYrL. . "'F~,hcn01NY ocr i) ci 2U04 JUDY RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW SHARON KNAPP AND CHRISTOPHER: NO. 2000 - 726 J. STOUT, Defendants IN CUSTODY v CHRISTINA M. STOUT and NORMAN T. STOUT, JR., Defendants CONCILIATION CONFERENCE SUMMARY REPORT The Conciliator conducted a telephone conference call and an in person conference with all the attorneys for the parties in order to update the current status of the Order. Based upon that conference, the Conciliator recommends an Order in the form as attached. f h-7~ f DATE ' 11/0.2/2005 13: 55 717-795-8721 KEYSTONE AREA BSA PAGE 02 ~'5 O~ +~,:s ~ leT ~ ~st ()ffi5 r ~"R0Q ~ CO\\}J! ~ ?\\'4 ~u."D~ -\-6 ~~ \t '~+D p)u.;) S r-ov.. i - - - ('t~~'~)~_ ,- g~- (Chris ;1001- tJ/1QJ;) H~J fO lro~ 8'niD\-t- \\ ~\1 Northwestern Human Services Stevens Center Family Based Programs 33 State Avenue Carlisle, Pa 17013 717-243-6033 ext. 243 November 7, 2005 J.B. Pannebaker 4000 Vine Street Middletown, PA 17057 RE: Chantal Knapp Dear Mr. Gilroy, This letter regarding Chantal Knapp is being written at Mr.Pannebaker's request. Chantal and her family received Family Based Services through Northwestern Human Services- Stevens Center in Carlisle. During their seven month period of services from February 2005-August 2005. I was their primary family therapist. In this capacity, I met weekly with one of the three households Chantal transitioned between according to the established living arrangement. Our goal was to help the families establish stability and consistency for Chantal across each home environment. Her behavior and diagnosis of Adjustment Disorder seemed to reflect the difficulty Chantal was having adjusting to the frequent transitions as well at the conflict and instability present in that living situation. By the end of services, Chantal was living primarily with her father and paternal grandparents. Her behavior at home and school had improved significantly. This Family Based Team member is in support of reducing the frequency of transitional living arrangements Chantal experiences across all environments. To this end, the Family Based Team supports Chantal's paternal grandparent's home as being Chantal's primary residence due to the emergence of stable and cooperative behaviors in this environment. Respectfully, ~acq ne ~~~~ries, Bj. / ~, ~~ ~()(~ Fa y Ba~ Therapist C cc: John Thomas, Executive Director Exn., 'oi-\- "L II VERIFICATION We verify that the statements made in this Petition To Modify are true and correct. We understand that false statements herein are made subject to the 8enalties of 18 Pa.C.S.A. 54904 relating to unsworn falsification to authorities. /~ Chrlstop er J. Stout %~lC~ 111J{ b-0- Christina Stout C}/} -r . )'1- ;. . / O-~WJcv;;l-J ~/~7/~. Norman T. Stout, Jr: CERTIFICATE OF SERVICE A copy of the foregoing Petition for Modification has been served on the Plaintiff Judi Ruby and Defendant Sharon Knapp by sending a copy to their addresses of record: Judi Ruby 305 Walnut Lane Carlisle, PA 17013 Sharon Knapp Harvon Motel, Room 22 851 N. Hanover St. Carlisle, PA 17013 by depositing same in the United States mail, first class, postage prepaid, this 17th day of November, 2005. PANNEBAKER & MOHR, P.C. By: Jame Esquire I.If-: 09667 4000 Vine Street Middletown, PA 17057 (717) 944-1333 0 -IA V\ }J 0\- \) (0) ~n :\\- ('> _..~, C> -, .-"7'-, \ \ '"'- c.- - ~ -J .e_ --:] ~ --- r '"'- ~ ..t: i- f,', ee, r r::' ~J .~ mOl RUBY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-726 CIVIL ACTION LA W SHARON KNAPP AND CHRISTOPHER J. STOUT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 30, 2005 _____, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 30, 2005 , the conciliator, at 9:30 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 present at the conference. 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, nnd Custody orders to the conciliator 48 hours prior to scheduled hearinl!;. FOR THE COURT, By: /s/ Hubert X Gilrov. Esq. Custody Conciliator ill r The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the coun, 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 (7 I 7) 249-3166 . rf ~I ~ ~ hhl ),J yEt * PIP t ~ ~IL, 9/('/ 'J"*" h 0/"1"""0/ fz" :2 /'iff'c,v M>,7.f"l 50Y ('I :Jr :21 t.: J ~~~- -------- . " ReCEIVED MAR 0 3 ~L ;/ JUDI RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 00-726 CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants IN CUSTODY COURT ORDER AND NOW, this ~'f\ day of March, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that all prior custody Orders entered in this case are vacated and replaced with the following Order: 1. The Paternal Grandparents, Christina and Norman Stout, Jr., shall enjoy primary physical custody of Chantal M. Knapp, born November 11, 1998. 2. The Maternal Grandmother, Judi Ruby, shall enjoy periods of temporary custody with the minor child every Wednesday evening from 4:00 p.m. until 8:00 p.m. and one weekend per month from 4:00 p.m. on Friday until Sunday at 8:00 p.m. 3. The Mother, Sharon Knapp DiSilvero, shall enjoy temporary custody with the minor child on three weekends per month pursuant to the schedule arranged between the parties . 4. The Father, Christopher J. Stout, will have visitation with the minor child pursuant to arrangements he makes with his parents, Christina and Norman Stout, Jr. 5. For the Christmas holiday, the Maternal Grandmother, Judi Ruby, shall have custody of the minor child from 4:00 p.m. on Christmas Eve until 9:30 p.m. on Christmas Eve. 6. For the Thanksgiving Day holiday, the minor child shall be in the custody of the Maternal Grandmother, Judi Ruby, from 4:00 p.m. until 8:00 p.m. 7. In the event any of the parties desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. Cc: Ms. Valerie Jackson ~mes Pannebaker, Esquire vMs. Sharon Knapp DiSilvero vMr. Christopher Stout / . Bayler, Judge / -- . JUDI RUBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v NO.00-726 CIVIL ACTION - LAW SHARON KNAPP and CHRISTOPHER J. STOUT, Defendants IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator conducted a number of telephone conferences with the attorneys for the parties and, based upon those conferences and correspondence received by the Conciliator, the Conciliator recommends an Order in the form as attached. ,2006 Date: March c2