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HomeMy WebLinkAbout07-1284 ROBERT KEPHART, Plaintiff VS. AMANDA KEPHART, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Term ACTION IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Robert Kephart, who currently resides at 118 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Amanda Kephart, who currently resides at 118 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff is the father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Riley Hannah Kephart 3/20/04(2) 118 Virginia Ave. Carlisle, Pa. 17013 Mother and Father married on January 30, 2002. The child lives with Mother and Father. The parties have not separated yet, but separation is imminent. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Robert Kephart 118 Virginia Ave. 9/06 - present Amanda Kephart Carlisle, Pa. 17013 Robert Kephart 220 Marion Ave. Birth - 9/06 Amanda Kephart Carlisle, Pa. 17013 The mother of the child is Amanda Kephart. She currently resides at 118 Virginia Ave., Carlisle, Pa. 17013. She is married to Robert Kephart. The father of the child is Robert Kephart. He currently resides at 118 Virginia Ave., Carlisle, Pa., 17013. He is married to Amanda Kephart. 4. The relationship of plaintiff to the children is that of Father. The Plaintiff currently resides with mother and the child. 5. The relationship of defendant to the child is that of Mother. The persons that the Defendant currently resides with are the father and the child. 6. 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 party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties married on January 30, 2002 and currently share legal and physical custody of the child A separation is imminent Father requested that the parties enter into a stipulation which under which the parties would share legal and physical custody equally upon separation. Mother refused to enter into the stipulation and could not assure Father that he would have periods of physical custody after separation Father is requesting that a custody order be entered which would provide shared legal and equally shared physical custody for the parties. It would be in the best interest of the child to maintain substantial contact with both parents 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Respectfully submitted, Date: J ams , Esquire . 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: / ? v Robe ep , Father o - VVV N +.J co h^` 1 H O cri CD -n 5-1 tT 4 F ROBERT KEPHART IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA KEPHART 07-1284 CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 15, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Friday, April 13, 2007 at 3:00 PM 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/ john . Man an r. Es q. 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 VINVA"VSWd JJNn(r T" 499, vmo ? h ( Wd 91 SVW LOOZ 3012,'M. 3 U 6 SEP 112007, l ROBERT KEPHART Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA KEPHART Defendant No. 07-1284 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW,,this 1Z " day of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Mother, Amanda Kephart and the Father, Robert Kephart, shall enjoy shared legal custody of the minor child, Riley Hannah Kephart born 3/20/04. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general` well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or-copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother and Father shall share physical custody pursuant to the following schedule. Commencing May 7, 2007, being designated as week one, Father shall have the Child Monday afternoon through Wednesday morning. Mother shall'have. the Child Wednesday afternoon through Friday morning. Father shall have the Child from Friday afternoon through Monday morning. Week two shall commence on May 14 with Mother having the Child Monday afternoon through Wednesday morning. Father shall have the Child Wednesday afternoon through Friday morning. Mother shall have the Child from Friday afternoon through Monday morning. The exchange times and locations shall be mutually agreed to. The non-custodial party shall pick up the Child 3. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 4. In. the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of VINVAIASNIQd k-LNnoo I I %01 C 1 d3S Low AWI(W?-i? 341 J© the Child's love or affection for the other party. 6. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 7. Holidays shall be agreed upon as attached. 8. Each party shall have two weeks vacation per year with the Child with no more than seven consecutive days at a time. A party wishing to utilize this provision shall give thirty days notice to the other parent. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions' of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Cc: .,Kne Adams, Esquire e D'Alo, Esquire t J. Mangan, Esquire A 10 HOLIDAY S AND : TIMES EVEN ODD SPECIAL DAYS' YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Father Mother holiday to6 m the day of the holiday Labor Day From, 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Thanksgiving 1 s From 6 pm.the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanks Da Thanksgiving 2 From 3 pm on Thanksgiving Day to Mother Father half 6 m the day after Thanks ' ' Da Christmas 1 Half ' From 9 am on 12/24 to 3 pm on Father Mother 12/25 Christmas 2 Half From 3 pm on 12/25 to 3 pm on Mother Father 12/26 Mother's Day . ` From Mother's Day 9:00 am until the Mother Mother next Monda morning Father's Day From Fathers Day; 9:00 am until the Father Father next Monday morning ROBERT KEPHART : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-1284 Civil Term AMANDA KEPHART Defendant : ACTION IN CUSTODY CONCILIATION CONFERENCE 3UM1VLARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915,3-8(B), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Date of Birth Currently in the Custody Riley Hannah Kephart 3/20/04 Mother and Father 1. 2. A Conciliation Conference was held on May 2, 2007 with the following individuals in attendance: The Father, Robert Kephart, with his counsel, Jane Adams, Esquire The Mother, Amanda Kephart, with her counsel, Grace D'Alo, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date• v7' J n J angan, squire Custody Concil ator NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF ROBERT KEPHART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA AMANDA KEPHART, v. DOCKET NO. 07-1284 CIVIL Defendant TO THE PROTHONOTARY: Please withdraw the appearance of JANE ADANLS, ESQUIRE, as attorney of record for Plaintiff, Robert Kephart, in this matter. SEPTEMBER 2007 qNE E. ADAMS, ESQUIRE P SOUTH PITT STREET CARLISLE, PA 17013 717-245-8505 SUPREME COURT ID NO. 79465 Please enter the appearance of NATHAN C WOLF, ESQUIRE, as attorney for the Plaintiff, Robert Kephart, in this matter. SEPTEMBER 2007 NA LF, ESQUIRE WO LF 1 zigh Street Carlisle, PA 17013 717-241-4436 SUPREME COURT ID NO. 87380 tECE?V EC SU 2 6 2007 G rg ° -rtt i? N r cy GD NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ROBERT KEPHART, Plaintiff V. AMANDA KEPHART, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 07-1284 CIVIL PETITION FOR MODIFICATION NOW COMES the plaintiff, Robert Kephart, by and through his counsel, Nathan C. Wolf, Esquire, and presents the following petition for modification of custody and in support thereof represents as follows: 1. Plaintiff is Robert Kephart, an adult individual residing at 118 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania 17013. (Hereinafter referred to as "Father") 2. Defendant is Amanda Kephart, an adult individual residing at 240 E Street, Carlisle, Cumberland County Pennsylvania, 17013. (Hereinafter referred to as "Mother") 3. The parties are the natural parents of one minor child, namely, Riley Hannah Kephart, age 3, bole March 20, 2004. 4. The parties are currently subject to a custody order entered by agreement on September 12, 2007, by the Honorable Kevin k Hess, following a conciliation conference held on May 2, 2007 (A true and correct copy of said order is attached hereto as Exhibit A). 5. The Order provides for, inter alia, the parties to share legal and physical custody of the child. 6. Since the conciliation occurred, Father has had significantly more time with the child that what is provided for in the Order. 7. These additional overnights are the result of Mother's requests for Father to take care of the child. 8. Father's petition has been filed to amend the Order so that the true nature of the custody schedule will be accurately reflected rather than the schedule set forth in the existing Order. 9. Mother has repeatedly asked Father to watch the child on nights when she has gone out with friends to bars or when she is attending adult gatherings. 10. While Father believes that Mother's social life choices are her own, and while he is willing to accommodate Mother's requests and take care of the child, he nevertheless believes that the Order for custody should reflect the actual situation, and not a shared custody schedule. 11. Father also submits that if, over the past eight months, Mother had asked Father to care for the child on isolated occasions that he would not be submitting the instant petition. 12. Father believes that Mother will oppose the entry of an Order reflecting the true custody schedule because would reduce the amount of child support Mother receives. 13. Despite this contention, Father submits that he is pursuing the instant modification to ensure that the child's household will remain as stable as possible. 14. From May 2, 2007 until December 31, 2007 (or 243 days), Father had the child on 142 overnights, while Mother had the child for 101 overnights. 15. Father has observed Mother on mornings after she has been out with her friends when Father had watched the child for her, and Mother frequently appears to be hung over late the next day. 16. Father submits that Mother has evidenced her lack of interest in the child's welfare when she has asked Father to care for the child for various reasons such as: (1) on at least one occasion so that Mother could go to Hersheypark with friends, (2) twice so that Mother could attend concerts, (3) once so Mother could go to a comedy club, and (4) twice so that Mother could go shopping. 17. When Father inquired what time Mother wanted to have custody of the child on Mother's day, he was told that Mother did not want to see the child on Mother's day at all. 18. On at least one occasion, Mother took the child to stay for the weekend at the home of a man whom Mother was dating for only a short period and Mother called Father to tell him that the child had requested to stay with Father, but Mother would not bring the child to Father's house from York 19. Father submits that the lack of stability in Mother's life causes him to believe that the child's best interests and permanent welfare would be best served by granting him primary physical custody subject to Mother's periods of partial physical custody. 20. Father believes and therefore avers that based upon the foregoing reasons, that an award of primary physical custody of the child with him would be in the child's best interests and serve her permanent welfare. 21. Moreover, the issues presented in the instant petition must inevitably be resolved before the child is old enough to attend school. 22. Father maintains a stable household and environment within which to raise the child. 23. Father is gainfully employed and has sufficient means to care for the welfare of the child. 24. Father has, on numerous occasions, encouraged Mother to spend additional time with the child, without success. 25. Nevertheless, Father is willing and ready to ensure that Mother continues to have regular contact and a strong relationship with the child, if relief is granted. 26. Father believes that the best interests of the child will be served by granting the relief requested herein. WHEREFORE, for the reasons set forth herein, plaintiff, Robert Kephart, respectfully requests that the Court enter an order modifying the existing custody order and grant shared legal custody to the parties and primary physical custody of the child to the plaintiff, subject to weekly periods of partial physical custody of the child, along with any additional relief that the Court may deem appropriate and just. Date: January Zz-, 2008 Respectfully submitted, WOLF &,WOLF, Attorneys at Law Na C. Wolf, Esquire 1 est High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. January alL, 2008 ?i Robe .I hart SEP 1120W? ROBERT KEPHART : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-1284 Civil Term AMANDA KEPHART Defendant : ACTION IN CUSTODY COURT ORDER ANDNOW,,this day of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: Legal Custody: The Mother, Amanda Kephart and the Father, Robert Kephart, shall enjoy shared legal custody of the minor child, Riley Hannah Kephart born 3/20/04. The parties shall have an equal right, to be exercised jointly with the other parent, to- make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or -copies thereof, with the other parent within such reasonable time as:to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother and Father shall share physical custody pursuant to the following schedule. * Commencing May 7, 2007, being designated as week one, Father shall have the Child Monday afternoon through Wednesday morning. Mother shall'have. the Child Wednesday afternoon through Friday morning. Father shall have the Child from Friday afternoon through Monday morning. Week two shall commence on May 14 with Mother having the Child Monday afternoon through Wednesday morning. Father shall have the Child Wednesday afternoon through Friday morning. Mother shall have the Child from Friday afternoon through.Monday-morning. The exchange times and locations shall be mutually agreed to. The non-custodial party shall pick up the Child 3. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 4. In.the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 5. Neither party may say or do anything nor permit a third party to do or say anything that may.estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of 6ur4ir 4 the Child's love or affection for the other party. 6. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 7. Holidays shall be agreed upon as attached. 8. Each .party shall have two weeks vacation per year with the Child with no more than. seven consecutive days at a time. A party wishing to utilize this provision shall give thirty days notice to the other parent. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions' of this Order by mutual consent. In the absence of mutual consent, the terms of this- Order shall control. Cc: Jane Adams, Esquire Grace D'Alo, Esquire John J. Mangan, Esquire ECOF vset Y . HOLIDAYS AND WIES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Father Mother holiday to6 m the day of the holiday Labor Day 'From 6 pm the evening before the Mother Father holiday to 6 pm the day of the hol da Thanksgiving is From 6 pm the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanksgiving Da Thanksgiving 2° From 3 pm on Thanksgiving Day to Mother Father half 6 m the day after Thanks 'vin Da Christmas 1 Half ' Fi6m` 9 am on 12/24 to 3 pm on Father Mother 12125 Christmas 2° Half From 3 pm. on 12125 to 3 pm on Mother Father 12/26 Mother's Day From Mother's Day 9:00 am until the Mother Mother next Monday morning Father's Day From Father's Day 9:00 am until the Father Father next Monday morning ROBERT KEPHART : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-1284 Civil Term AMANDA KEPHART Defendant : ACTION 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 pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Riley Hannah Kephart 3/20/04 Mother and Father 2. A Conciliation Conference was held on May 2, 2007 with the following individuals in attendance: The Father, Robert Kephart, with his counsel, Jane Adams, Esquire The Mother, Amanda Kephart,. with her counsel, Grace D'Alo, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: cJ_/ 7 . J J angan, squire Custody Concil ator NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF ROBERT KEPHART, Plaintiff V. AMANDA KEPHART, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 07-1284 CIVIL CERTIFICATE OF SERVICE I, Nathan C Wolf, Esquire, attorney for Plaintiff, do hereby certify that this date, I have served a copy of the foregoing Petition for Modiacation upon the following person, by United States Mail, addressed as follows: Grace D'Alo, Esquire Mid Penn Legal Services 401 East Louther Street Suite 103 Carlisle, PA 17013 WOLF Date: January 2?7- , 2008 NarM, olf, Esquire 10 igh Stteet Ca A 1701 3 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Plaintiff cJ?? -71 '...... 3 --F \t ROBERT KEPHART IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-1284 CIVIL ACTION LAW AMANDA KEPHART IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, January 23, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 05, 2008 at 10:00 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. 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/ john -1. Mangan, fr., 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 7?v ? ,O? 4v r. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF ROBERT KEPHART, Plaintiff V. AMANDA KEPHART, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 07-1284 CIVIL CERTIFICATE OF SERVICE I, Nathan C Wolf, Esquire, attorney for Plaintiff, do hereby certify that this date, I have served a copy of the foregoing Petition for Modification upon the following person, by United States Mail, addressed as follows: Amanda C. Kephart 240 E Street Apartment 4 Carlisle, PA 17013 Respectfully submitted, WOLF & WQLF Date: January --a, 2008 Natha olf, Esquire 10 a igh Street Caffisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Plaintiff r? 1 .? : j i - a ,.a -?-. , : {? .?. --P ._. ; . `.t .. ??' . i?18 FEB 2 0'i ROBERT KEPHART Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA KEPHART Defendant Prior Judge: Kevin A. Hess, J. : No. 07-1284 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this,?i?day of February, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the /A* day of 2008 at f 3G am/pm in Courtroom number in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the hearing date. 2. The Prior Order of Court dated September 12, 2007 shall remain in full force and effect pending the Custody Hearing or further Order of Court. 3. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter for Riley a period of time in excess of two hours, the custodial party shall first offer said opportunity to the non-custodial parent. 4. This Order is entered pursuant to a conciliation conference. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. Cc: than Wolf, Esq. _,A*nanda Kephart, 240 ?eohn J. Mangan, Esq. qq -, a t ? td ?eRi?f P? l7A? \ ? -?r, k3("1t,7 r`rt?V? t ROBERT KEPHART V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA AMANDA KEPHART Defendant Prior Judge: Kevin A. Hess, J. : No. 07-1284 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMWARY 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: Name Date of Birth Currently in the Custody of Riley Hannah Kephart 3/20/04 Mother and Father 2. A Conciliation Conference was held on February 5, 2008 with the following individuals in attendance: The Father, Robert Kephart, with his counsel, Nathan Wolf, Esquire The Mother, Amanda Kephart, pro se 3. Father's position on custody is as follows: Under the current Order dated September 12, 2007, the parties share physical custody of Riley Kephart. Father asserts that the reality of the situation is that he has primary physical custody of the minor Child (i.e. more than a fifty/fifty split of custodial time). Father requests an Order of Court stating that he has primary physical custody of the minor Child. Father has offered Mother to have every other weekend from Friday until Monday morning and one day every weekday. Father believes that this will create stability for the Child and that he has the proper resources to primarily raise the Child. Father also requests the right of first refusal if the custodial party is in need of baby-sitting for more than two hours. Father does not desire to switch or trade custodial periods with Mother and asserts that his scheduled time with his daughter is time that he does not want to give up. 4. Mother's position is as follows: Mother also would like additional time with Riley, but is willing to comply with the shared custody arrangement via the Court Order dated September 12, 2007. Mother asserts that she has been flexible with the Father and his time with the Child. Mother asserts that since the last conciliation, it was her intent to have an informal arrangement , regarding the custodial situation and wished to essentially trade custodial days with Father when necessary or desired. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing before the Court. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require half a day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: 7? John gan, Esquire Cus dy onciliator ROBERT KEPHART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO.48' 1284 CIVIL AMANDA KEPHART, 01 Defendant IN CUSTODY ORDER AND NOW, this day of May, 2008, after hearing, both counsel will be given ten (10) days within which to determine whether further hearing is necessary in this case. In the event that another hearing is not scheduled within that ten-day period, the record will be deemed closed and the court will make a decision based on the existing record. BY THE COURT, Kevin,A. Hess, J. ? Nathan Wolf, Esquire For the Plaintiff (-- Grace D'Alo, Esquire For the Defendant :rim 12 :)Fl ts mgl lei I f ROBERT KEPHART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-1284 CIVIL AMANDA KEPHART, Defendant IN CUSTODY ORDER AND NOW, this Z-0' day of May, 2008, after hearing, the petition of the plaintiff, Robert Kephart, to modify custody is DENIED. The custody order of September 12, 2007, shall remain in full force and effect. BY THE COURT, /Nathan Wolf, Esquire /For the Plaintiff ? Grace D'Alo, Esquire For the Defendant rlm ?^7 t? 1 1 1/ ?'-? y 1 ^'' t b 4 ! r ? , _. t. ? ?Z ?? ?? ZZ ?,??? B?aZ ?J NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 97380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF ROBERT KEPHART, Plaintiff V. AMANDA KEPHART, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 07-1284 CIVIL PETITION FOR MODIFICATION NOW COMES the plaintiff, Robert Kephart, by and through his counsel, Nathan C. Wolf, Esquire, and presents the following petition for modification of custody and in support thereof represents as follows: 1. Plaintiff is Robert Kephart, an adult individual residing at 118 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania 17013. (Hereinafter referred to as "Father") 2. Defendant is Amanda Kephart, an adult individual residing at 1 Trine Avenue, Mt. Holly Springs, Cumberland County Pennsylvania, 17065. (Hereinafter referred to as "Mother") 3. The parties are the natural parents of one minor child, namely, Riley Hannah Kephart, age 5, born March 20, 2004. 4. The parties are currently subject to a custody order entered by agreement on September 12, 2007, by the Honorable Kevin A. Hess (A true and correct copy of said order is attached hereto as Exhibit A). 5. The Order provides for, inter alia, the parties to share legal and physical custody of the child. Since the entry of said Order, Father petitioned for modification seeking primary physical custody on or about January 22, 2008, alleging that Father had been exercising more than 50 percent of overnights. 7. At the time of conciliation on February 25, 2008, the temporary order incorporated the shared custody schedule, but added a provision for a right of first refusal pending the hearing (A true and correct copy of said order is attached hereto as Exhibit B). 8. The Court held a hearing on the matter on May 1, 2008. Following the hearing, Father, through counsel had informed the Court that he sought to withdraw his modification petition without prejudice and agreed to remove the right of first refusal provision concerning childcare on the basis that Mother would offer Father additional time with the child when Mother was unavailable. 10. The Court subsequently issued an order on May 20, 2008, denying Father's petition for modification and stating that the Order of September 12, 2007 would remain in full force and effect (A true and correct copy of said order is attached hereto as Exhibit C). 11. Since that time, Father has had significantly more time with the child that what is provided for in the Order. 12. These additional overnights are the result of Mother's requests for Father to take care of the child. 13. Father's petition has been filed to amend the Order so that the true nature of the custody schedule will be accurately reflected rather than the schedule set forth in the existing Order. 14. Mother has repeatedly asked Father to watch the child on nights when she has gone out with friends to bars or when she is attending adult gatherings. 15. While Father believes that Mother's social life choices are her own, and while he is willing to accommodate Mother's requests and take care of the child, he nevertheless believes that the Order for custody should reflect the actual situation, and not a shared custody schedule. 16. Father also submits that if, over the past eight months, Mother had asked Father to care for the child on isolated occasions that he would not be submitting the instant petition. 17. Father believes that Mother will oppose the entry of an Order reflecting the true custody schedule because would reduce the amount of child support Mother receives. 18. Despite this contention, Father submits that he is pursuing the instant modification to ensure that the child's household will remain as stable as possible. 19. From July 1, 2008 until July 6, 2009 (or 366 days), Father had the child on 203 overnights, while Mother had the child for 157 overnights and Mother has had other individuals caring for the child on six (6) additional overnights. 20. Mother had frequently asked Father to care for the child on additional nights for various reasons. 21. Mother contacted Father in October and indicated that she was planning to move with the child to New Jersey to reside with a boyfriend, which did not actually materialize. 22. Immediately following her voiced intention to move to New Jersey, Mother instead invited a young woman to move into her apartment, into the child's bedroom, after having met this woman at the Dunkin Donuts and speaking with her for approximately one hour. 23. On or about June 13, 2009, Mother has moved to Mount Holly Springs, and is now residing in a basement without a separate bedroom for the child. 24. By the parties' agreement, the child was enrolled in Crestview Elementary School in March 2009, where the child will be attending kindergarten in the fall of 2009. 25. Mother's move to Mount Holly Springs will result in the child having to be transported by Mother to Father's neighborhood each day prior to school. 26. Father is currently working on a reduced schedule due to the recent economic trends which have result in his employer laying off its entire workforce for two or three week periods at a time. 27. As a result of this decrease in income, Father petitioned to modify support. 28. At the time of the support conference, Father informed the conference officer of the additional time he had custody of the child, Mother acknowledged the additional time but informed Father that due to her need to receive the support she would no longer offer Father additional time with the child and would use third-parties to care for the child if she was unavailable because she did not want to risk losing any child support. 29. Father submits that the lack of stability in Mother's life causes him to believe that the child's best interests and permanent welfare would be best served by granting him primary physical custody subject to Mother's periods of partial physical custody. 30. Father believes that Mother continues to consume alcohol to excess inside and outside the presence of the child. 31. On or about April 25, 2008, Mother appeared before the Court of Common Pleas of Cumberland County and entered the ARD program on a charge of DUI, (.10% to.159% BAC). 32. Father believes that Mother's care of the child's hygiene and her basic ability to provide for the child's needs is lacking and that Mother is unwilling to curtail her social life to meet the needs of her child. 33. Father believes and therefore avers that based upon the foregoing reasons, that an award of primary physical custody of the child with him would be in the child's best interests and serve her permanent welfare. 34. Father maintains a stable household and environment within which to raise the child. 35. Despite the change in Father's income, Father is gainfully employed and has sufficient means to care for the welfare of the child. 36. Father has, on numerous occasions, encouraged Mother to spend additional time with the child, without success. 37. Nevertheless, Father is willing and ready to ensure that Mother continues to have regular contact and a strong relationship with the child, if relief is granted. 38. Father believes that the best interests of the child will be served by granting the relief requested herein. WHEREFORE, for the reasons set forth herein, plaintiff, Robert Kephart, respectfully requests that the Court enter an order modifying the existing custody order and grant shared legal custody to the parties and primary physical custody of the child to the plaintiff, subject to weekly periods of partial physical custody of the child, along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF & W06,,Attornevs at Law Date: July ? , 2009 By: Na olf, Esquire 10 a igh Street 'sle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. July h 2009 Ro a Kephart SEP 11, 2007 ROBERT KEPHART Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA KEPHART Defendant : No. 07-1284 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this A day of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Mother, Amanda Kephart and the Father, Robert Kephart, shall enjoy shared legal custody of the minor child, Riley Hannah Kephart born 3/20/04. The parties shall have an equal right, to be exercised jointly with the other parent, to. make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of'any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother and Father shall share physical custody pursuant to the following schedule. 'Commencing May 7, 2007, being designated as week one; Father shall have the Child Monday afternoon through Wednesday morning. Mother shall'have. the Child Wednesday afternoon through Friday morning. Father shall have the Child from Friday afternoon through Monday morning. Week two shall commence on May 14 with Mother having the Child Monday afternoon through Wednesday morning. Father shall have the Child Wednesday afternoon through Friday morning. Mother shall have the Child from Friday afternoon through. Monday morning. The exchange times and locations shall be mutually agreed to. The non-custodial party shall pick up the Child 3. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 4. In.the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of nulmrrt 'l the Child's love or affection for the other parry. 6. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 7. Holidays shall be agreed upon as attached. 8. Each party shall have two weeks vacation per year with the Child with no more than, seven consecutive days at a time. A party wishing to utilize this provision shall give thirty days notice to the other parent. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions' of this Order by mutual consent. In the absence of mutual consent, the terms of this- Order shall control. Cc: Jane Adams, Esquire Grace D'Alo, Esquire John J. Mangan, Esquire RE-CORD acid ;unto set MY ih TeAtimolly vshc??•o.' ? y Pe., tai HOLIDAYS AND TIldES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Father Mother holiday to6 m the day of the holiday Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm. the day of the holiday Thanksgiving 15 From 6 pm the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanksgiving Da Thanksgiving 2° From 3 pm on Thanksgiving Day to Mother Father half 6 m the day after Thanksgiving Da Christmas 1 s Half From 9 am on 12/24 to 3 pm on Father Mother 12/25 Christmas 2° Half From 3 pm on 12/25 to 3 pm on Mother Father 12/26 Mother's Day From Mother's Day 9:00 am until the Mother Mother next Monda morning Father's Day From Father's Day 9:00 am until the Father Father next Monda morning D FEB 2 0?W18 ROBERT KEPHART Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA KEPHART Defendant Prior Judge: Kevin A. Hess, J. : No. 07-1284 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this gd'?day of February, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the /A+ day of 2008 at 4? % 3 G am/pm in Courtroom numbein the Cumber d County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the hearing date. 2. The Prior Order of Court dated September 12, 2007 shall remain in full force and effect pending the Custody Hearing or further Order of Court. 3. Right of fast refusal: In the event that the custodial parent should require a care- taker/babysitter for Riley a period of time in excess of two hours, the custodial party shall first offer said opportunity to the non-custodial parent. 4. This Order is entered pursuant to a conciliation conference. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. Cc: than Wolf, Esq. panda Kephart, 240 ,46hn J. Mangan, Esq. C rt ? IID}-r- ROBERT KEPHART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-1284 CIVIL AMANDA KEPHART, Defendant IN CUSTODY ORDER AND NOW, this Zo ` day of May, 2008, after hearing, the petition of the plaintiff, Robert Kephart, to modify custody is DENIED. The custody order of September 12, 2007, shall remain in full force and effect. BY THE COURT, Nathan Wolf, Esquire For the Plaintiff Grace D'Alo, Esquire For the Defendant :rlm ! " ?. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF ROBERT KEPHART, Plaintiff V. AMANDA KEPHART, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-1284 CIVIL CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that this date, I have served a copy of the foregoing Petition for Modification upon the following counsel of record, by United States Mail, addressed as follows: Mid Penn Legal Services 401 East Louther Street Suite 103 Carlisle, PA 17013 Respectfully WOLF & W1 By: - v an C olf, Esquire 0 igh Street arlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Plaintiff Date: July , 2009 OF THE ,'rtrAFY 2uC, 9 vU`L 3 pM 1 w ??-?7 ROBERT KEPHART IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA KEPHART DF,FFNDANT 2007-1284 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday July 15, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 18, 2009 at 10:00 AM for a Pre-Hearing Custodv 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. Failure to appear at the conference may provide grounds for entry ofa 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/ John J. Mangan, Jr., Es 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. 1F 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 "x THi '2UL It 6''' G:' 9 e D? (mom ?? ""` 7•14 SE' 0 2 2009 a 110 ROBERT KEPHART Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA KEPHART Defendant Prior Judge: Kevin A. Hess, J. : No. 07-1284 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this an p( day of September 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliat' n Conference. A Custody Hearing is hereby scheduled on the 16 _4? day of 2009 at n1: 0 am/pm- in Courtroom number 4 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Mother, Amanda Kephart and the Father, Robert Kephart, shall enjoy shared legal custody of the minor child, Riley Hannah Kephart born 3/20/2004. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Should either parent schedule an appointment, or be aware of, any medical or educational event, that parent shall notify the other parent within twenty four (24) hours. 4. Physical Custody: The Mother and Father shall share physical custody of Riley pursuant to the following 2/2/3 schedule: a. During week one, Father shall have custody of Riley Monday by 5:00 pm or from after school/day care through Wednesday morning taking the Child to school. Mother shall have the Child Wednesday by 5:00 pm or from after school/day care through Friday morning taking the Child to school. Father shall have the Child from Friday by 5:00 pm or from after school/day care through Monday morning taking the Child to school. b. During week two, Mother shall have custody of Riley Monday by 5:00 pm or from after school/day care through Wednesday morning taking the Child to school. Father shall have the Child Wednesday by 5:00 pm or from after school/day care through Friday morning taking the Child to school. Mother shall have the Child from Friday by 5:00 pm or from after school/day care through Monday morning taking the Child to school. C. The non-custodial party shall pick up the Child to commence their respective custodial periods and shall be responsible to bring Riley to school. d. The parties may alter this physical custody schedule by mutual agreement. 5. Absent mutual agreement otherwise or further Order of Court, the Child shall be enrolled in Father's school district. 6. Counseling: The parties have agreed to, and are directed to, engage in therapeutic family counseling (focusing on co-parenting skills) with a mutually-agreed upon professional. Father shall identify available professionals through his insurance and the parties shall schedule an appointment within thirty (30) days of this Order. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 7. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 9. Neither party may say or do anything, nor permit a third party, to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Absent mutual agreement otherwise, the parties shall adhere to the holiday schedule as attached. 12. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the parry first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 13. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 14. Relocation: Should either party intend to relocate from his or her current location that would require substantial modification of this Order, he or she shall notify the other party by giving prior written notice not less than sixty (60) days prior to the planned relocation. In the event of any intended relocation, either party may seek modification of the terms of this Order by filing a Petition to Modify with the Prothonotary of the Cumberland County Court of Common Pleas, Carlisle, PA. 15. This Order is entered pursuant to a conciliation conference. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. Cc: ?athan Wolf, Esq. ? >ar 1 Rominger, Esq. ?John J. Mangan, Esq. (?.Of,-es C L 9/2/0? HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Thanksgiving 1 st From 6 pm the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanks 'vin Da Thanksgiving 2° From 3 pm on Thanksgiving Day to Mother Father half 6 m the day after Thanksgiving Da Christmas 1St Half From 9 am on 12/24 to 3 pm on Father Mother 12/25 Christmas 2° Half From 3 pm on 12/25 to 3 pm on Mother Father 12/26 Mother's Day From Mother's Day 9:00 am until the Mother Mother next Monday morning Father's Day From Father's Day 9:00 am until the Father Father next Monday morning ROBERT KEPHART V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA AMANDA KEPHART Defendant Prior Judge: Kevin A. Hess, J. : No. 07-1284 Civil Term : ACTION 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 pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Riley Hannah Kephart 3/20/04 Mother and Father 2. An Order of Court was issued September 12, 2007, a conciliation conference was held on February 5, 2008, an Order was issued February 25, 2008, a hearing was held May 1, 2008, an Order was issued May 20, 2008 and a conciliation conference was held August 28, 2009 with the following individuals in attendance: The Father, Robert Kephart, with his counsel, Nathan Wolf, Esq. The Mother, Amanda Kephart, with her counsel, Karl Rominger, Esq. 3. Father's position on custody is as follows: Per prior Court Order, the parents share physical custody of Riley Kephart on a 2/2/3 schedule. Father asserts that he has had the Child more than half the time and that he has de facto primary custody of the Child. The Child is now enrolled in Father's school district by agreement of the parties. Father has concerns about Mother's stability, specifically her frequent moves, choices in relationships and social lifestyle in general. Father indicates that he wants primary physical custody of the minor Child. Father believes that this will create stability for the Child and that he has the proper resources to primarily raise the Child. Father also requests the right of first refusal if the custodial party is in need of baby-sitting for more than two hours. 4. Mother's position is as follows: Mother also would like additional time with Riley, but is willing to comply with the shared custody arrangement in place now. Mother asserts that she has been flexible with the Father and his time with the Child. Mother asserts that because she has been flexible and cooperative with allowing Father to have additional time with the Child, this flexibility is now being used against her in a punitive fashion. Mother is willing and able to bring the Child to school each day that she has custody of Riley. Mother indicates that she can offer the Child a stable and loving environment. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing before the Court. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one full day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: 45111 eoe? Jo w. M gan , Esquire C tody Conciliator HLEL a.. OFF THE FF 2009 SEOI -3 11: 54 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ROBERT KEPHART, Plaintiff V. AMANDA KEPHART, Defendant No. 07-1284-CV Civil Action - Custody PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY, CURT LONG: Kindly withdraw my appearance on behalf of Robert Kephart, Plaintiff, in the above- captioned action. WOLF & WOLF Dated: C By: ,,O?ZZ Wolf, Esquire Carlisle, PA 17013 717-241-4436 Supreme Court No. # ?738V Kindly enter my appearance on behalf of Robert Kephart, Plaintiff, in the above-captioned action. FIRM, P.C. Dated: 1% B By: James G. Nealon, III, Esquire 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Supreme Court No. #46457 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ROBERT KEPHART, No. 07-1284-CV Plaintiff V. AMANDA KEPHART, Defendant Civil Action - Custody C1EWfIF ICATE OF SER'V'ICE S4-- AND NOW, this day of 1I hereby certify that I have served the foregoing Praecipe for Withdraw and Entry of Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karl Rominger, Esquire 155 S. Hanover Street Carlisle, PA 17013 James G. Nealon, III FILF-b f r '1 ?:r 'ti RS 20a9 0r v -3 FM 3- 17 ?v `E N 1TV a ROBERT KEPHART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2007-1284 CIVIL TERM AMANDA KEPHART, Defendant IN CUSTODY IN RE: CUSTODY AGREEMENT ORDER OF COURT AND NOW, this 16th day of December, 2009, this matter having been called for hearing, on agreement of the parties, the existing custody order shall remain in full force and effect with the addition of the following provisions: 1) If a parent is unable to exercise custody for a period greater than four hours, that parent shall contact the other party, who shall have a right of first refusal to exercise custody. If the latter parent is unable to exercise custody, the other parent shall be free to make alternative arrangements. 2) Riley is currently attending Crestview Elementary School in the Carlisle School District, and mother has recently moved into the area serviced by Crestview Elementary. If mother desires to move from that geographic area, she shall petition the court seeking permission or provide the father with primary physical custody unless the parties shall otherwise agree. Mother shall not relocate absent permission of the court or father's agreement. NO. 2007-1284 CIVIL TERM By the Court, 1 ?. Kevin A /Hess, J. James G. Nealon, III, Esquire Forte Plaintiff Karl Romi.nger, Esquire For Defendant :bg I FILED-OFFICE OF THEE PQOTH,,nNNOTAAY 2009 DEC 16 PM 2: 32 r- L7 N? 0 ROBERT KEPHART IN THE COURT OF COMMON PLEAS OF Pt.A1N~TIFF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ 2007-1284 CIVIL ACTION LAW AMANDA KEPHART DI-;PENDANT IN CUSTODY ORDER OF COURT Atil) NO~~', Monday, June 28, 2010 _~, upon consideration of the attached Complaint, iE is herel>> directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, August 02, 2010 at 9 00 AM fora 1're-Hc~+ri»~~ C~ustodv Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he accomplished, to define and nata~ow the issues to be heard by the court, and to enter into a temporary order. 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 lZelief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john j. Mangan, r., Es . ____ Custody Conciliator hhe Court of Common Pleas of Cumberland County is required by law to comply with the Americans with UisabiGtcs Aet of 19y0. For information about accessible facilities and reasonable accommodations a~~ailable tip disabled individuals having business before the court, please contact r~aur office. All arrangement's must he made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled ci}n(erencc or hearing. YOU SHOULD TAKE THIS PAPER TU YOUR ATTORNEY AT ONCE. IF YOU DO NO"l fi,1V1 AN r'~~f°I-ORNEY OR CANNOT AFFOKD ONE, GO TO OR TELEPHONE THE OF~CE ~"t ~-~, "- 1-'C>Rl 1-! F3Fl_OW TO FEND OUT WI-[ERE YOU CAN GET LEGAL 1--1ELP. '~ o ~ "t7 t--; . ~~ Cumberland County 13ar Association n 32 South Bedford Street ~ .- ~'`~ ~% '~ v Carlisle, Pennsylvania 17013 ~--~^' ~, F~ :; ~~~ ~~p,~;,ted ko E~ Telephone (717) 249-3166 ~ ~; N .~ri,= IL` . 0171 t - ;A, q~~; G~..d~,,, _ ... ~. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KEPHART Plaintiff v. AMANDA KEPHART Defendant No. 07-1284 CIVIL TERM Civil Action- Complaint for Child Custody MOTION TO WITHDRAW AS COUNSEL FOR ROBERT KEPHART AND NOW comes Rachelle J. Armbruster, Esquire, counsel for plaintiff Robert Kephart, who respectfully requests to withdraw as counsel in the above-captioned matter for the following reasons: 1. No hearing or other such event is currently scheduled before this court or any other in regard to the above-captioned matter; 2. Attorney Armbruster is moving out of the state of Pennsylvania at the end of August 2010 and will therefore no longer be practicing in Central Pennsylvania; 3. Plaintiff Robert Kephart has been given notice of this fact as of early July 2010 and has been supplied with attorney references for any future legal needs; 4. Pennsylvania Disciplinary Rules of Professional Conduct 1. i 6(b)(1) holds that withdrawal may be granted if it can be accomplished without material adverse effect on the interests of the client; 5. Withdraw can be accomplished without material adverse effect in the present case as there is no issue at hand presently and the client has been given ample notice and attorney references for any future legal needs; WHEREFORE, Rachelle J. Armbruster, Esquire respectfully requests to withdraw from the above-captioned case due to a change in geographic practice area and the lack of adverse effect on the client and the case. Rachelle J. Armbruster, Esquire Date ID #307077 503 Bridge Street, Suite 212 New Cumberland, PA 17070 717-635-9641 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KEPHART Plaintiff v. AMANDA KEPHART Defendant No. 07-1284 CIVIL TERM Civil Action- Complaint for Child Custody CERTIFICATE OF CONSENT TO WITHDRAW AS COUNSEL FOR ROBERT KEPHART I, Robert Kephart, hereby consent to the withdraw as counsel of Rachelle J. Armbruster, Esquire in the above-captioned case in Cumberland County, Pennsylvania. Effectively immediately Attorney Armbruster no longer represents me in any legal matter. Accordingly, I will pursue new legal counsel in the future, if necessary. ~'~ ~~~ obert part Date ~~ "T A~,~ u ~ 2010 ~~ ROBERT KEPHART : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07-1284 Civil Term ~' r~ O < ; -. ~- _, AMANDA KEPHART ~--.~ ~ ~~' Defendant : ACTION IN CUSTODY - ~ v : :. 1 ~ ~' Prior Judge: Kevin A. Hess, P.J. ~_ a 4 ~= COURT ORDER ~ o ~ ~ - .1 ~ "~ AND Now, this .. ~ . 9 day of August 2010, upon consideration of the attac~ied Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Legal Custody: The Mother, Amanda Kephart and the Father, Robert Kephart, shall enjoy shared legal custody of the minor child, Riley Hannah Kephart born 3/20/2004. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Should either parent schedule an appointment, or be aware of, any medical or educational event, that parent shall notify the other parent within twenty four (24) hours. 3. Phvsical Custody: The Mother and Father shall share physical custody of Riley pursuant to the following 2/2/3 schedule: a. During week one, Father shall have custody of Riley Monday by 5:00 pm or from after schooUday care through Wednesday morning taking the Child to school. Mother shall have the Child Wednesday by 5:00 pm or from after schooUday care through Friday morning taking the Child to school. Father shall have the Child from Friday by 5:00 pm or from after schooUday care through Monday morning taking the Child to school. b. During week two, Mother shall have custody of Riley Monday by 5:00 pm or from after schooUday care through Wednesday morning taking the Child to school. Father shall have the Child Wednesday by 5:00 pm or from after schooUday care through Friday morning taking the Child to school. Mother shall have the Child from Friday by 5:00 pm or from after schooUday care through Monday morning taking the Child to school. c. The non-custodial party shall pick up the Child to commence their respective custodial periods and shall be responsible to bring Riley to school. d. The parties may alter this physical custody schedule by mutual agreement. 4. Absent mutual agreement otherwise or further Order of Court, the Child shall be enrolled in Father's school district. Riley is currently attending Crestview Elementary School in the Carlisle School District. Mother is authorized to relocate from her current residence, but shall not relocate out of the Carlisle School District without agreement of Father or further order of Court. 5. Each parent shall ensure that Riley has safe, secure and appropriate living/sleeping arrangements when Riley is in their respective custody. b. If a parent is unable to exercise custody for a period greater than four hours, that parent shall contact the other party, who shall have a right of first refusal to exercise custody. If the latter parent is unable to exercise custody, the other parent shall be free to make alternative arrangements. 7. Counselin¢: The parties have agreed to, and are directed to, engage in therapeutic family counseling (focusing on co-parenting skills) with amutually-agreed upon professional. Father shall identify available professionals through his insurance and the parties shall schedule an appointment within thirty (30) days of this Order. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 8. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. Neither party may say or do anything, nor permit a third party, to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 11. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. Absent mutual agreement otherwise, the parties shall adhere to the holiday schedule as attached. 13. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 14. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 15. Relocation: Should either party intend to relocate from his or her current Location that would require substantial modification of this Order (see paragraph 4 of this Order), he or she shall notify the other party by giving prior written notice not less than sixty (60) days prior to the planned relocation. In the event of any intended relocation, either party may seek modification of the terms of this Order by filing a Petition to Modify with the Prothonotary of the Cumberland County Court of Common Pleas, Carlisle, PA. 16. This Order is entered pursuant to a conciliation conference. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, P. J. Cc: ~ Rachel Armbruster, Esq., 503 Ridge Street, Ste 212, New Cumberland, PA 17070 _ ~1 Ro er E ~' ming sq. John J. Mangan, Esq. HOLIDAYS AND TIlVIES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holida Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holida Independence Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holida Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holida Thanksgiving 1 From 6 pm the evening before Father Mother Half 1"hanksgiving Day to 3 pm on Thanks 'vin Da Thanksgiving 2 From 3 pm on Thanksgiving Day to Mother Father half 6 m the da after Tb~anks ' Da Christmas 1 Half From 9 am on 12/24 to 3 pm on Father Mother 12/25 Christmas 2 Half From 3 pm on 12/25 to 3 pm on Mother Father 12/26 Mother's Day From Mother's Day 9:00 am until the Mother Mother next Monda mo Father's Day From Father's Day 9:OU am until the Father Father next Monda mo ROBERT KEPHART v. 1N THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA AMANDA KEPHART Defendant Prior Judge: Kevin A. Hess, P.J. No. 07-1284 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUNIlVIARY 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: Name Date of Birth Currently in the Custody of Riley Hannah Kephart 3/20!04 Mother and Father 2. An Order of Court was issued September 12, 2007, a conciliation conference was held on February 5, 2008, an Order was issued February 25, 2008, a hearing was held May 1, 2008, an Order was issued May 20, 2008, a conciliation conference was held August 28, 2009, an Order issued September 02, 2009, an Order issued December 16, 2009 and a conference was held August 02, 2010 with the following individuals in attendance: The Father, Robert Kephart, with his counsel, Rachel Armbruster, Esq. The Mother, Amanda Kephart, with her counsel, Karl Rominger, Esq. 3. The parties agreed to the entry of an Order in the form attached. Date: ~l Z. ~~l) --~ Jo gan, Esquire C ody onciliator r AUG 112010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KEPHART Plaintiff V. AMANDA KEPHART Defendant No. 07-1284 CIVIL TERM Civil Action- Complaint for Child Custody ORDER AND NOW, this /7 rday of August, 2010 on motion by Attorney Rachelle J. Armbruster for withdraw for the above-captioned case it is hereby GRANTED that Rachelle J. Armbruster, Esquire be removed as counsel due to her relocation out of state and a lack of material adverse effect on the client and case. P. J. 4d &,K; je-,, 169 '?Pi ?°S l1.ca, lr? e1131d 4?C Date COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT E. KEPHART, Plaintiff ) V. ) No. 1284 AMANDA C. KEPHART, ) Defendant ) Petition for Contempt and Modification 1. Petitioner is Plaintiff, ROBERT E. KEPHART, who currently resides at 118 Virginia Ave, Carlisle, Cumberland County, PA 17013. 2. Respondent is Defendant, AMANDA C. KEPHART, who currently resides at 104 North Madison Street Apt C2, Harrisburg, PA 17109. 3. Petitioner and Respondent are the natural parents of the following child: Name Age RILEY H. KEPHART 6 years 4. A custody order was entered on August 9th, 2010, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Respondent has willfully violated the custody order, as follows: With a complete disregard of this court Mother willfully and knowingly violated the current Order when she moved out of the Carlisle School District to Harrisburg, PA. Mother completely disregarded the stipulation of requesting agreement of said relocation from Father or Judge and failed to give notice 60 days prior to move. 6. Petitioner seeks to modify the custody order because: Riley currently attends Crestview Elementary in Father's school district and gets on and off the bus from Father's house. Mother will have to have Riley up and to Father's house to be on the bus, which will be a 30- minute drive. Father is better equipped and more stable to give the child what is needed to create a stable environment, which is in the best interest of the child. 70,©d pY, a_Qf,Q ,,2 -5 2373 Petition for Contempt and Modification Page 3 of 3 7. Petitioner believes the custody order should be changed as follows: Father will have primary physical custody and Mother will have visitation every other weekend beginning Friday after school and returning Sunday by 6pm. WHEREFORE, Petitioner respectfully requests that this Court find Respondent in contempt of Court and modify the Order as requested. Date: Verification I, ROBERT E. KEPHART, Plaintiff, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. ' 4904 relating to unsworn falsification to authorities. Date: j ? - I () C--) b ?rr7 o Z? r'yi 5 1 ? 7 S yy C _6 `?i K C) C-3 Petition for Contempt and Modification Page 4 of 4 4a Abw u J-2010 4 (? ROBERT KEPHART : IN THE COURT OF COMMON PLEAS Plairw : CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA KEPHART Defendant Prior Judge: Kevin A. Hess, pi. AND NOW, this day of August 2010, upon consWention of Custody Conciliation Report, it is ordered and directed that: , 7r- J the attac?ed 1. All prior Orders of Court are hereby VACATED and replaced with this Off, 2. Sy: The Mother, Amanda Kephart and the Father, Robert Kephart, shall boy shared legal custody of the minor child, Riley Hannah Kephhart born Ml2004. The parties shall have an equal right, to be exercised jointly with the other pas+enA to make all major non-emeqpncy decisions affieetiag the child's general well-being including, but not limited to, all decisions regarding her head, educatron and rcfigkmL Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and inforingtion pertaining to the child including, but not limited to, medical, dental, religious or school records, the madeuce address of the child and of the other parent To the extant one parent has Possession of any such records or information, that p shall be required to share the same, or copies th wt with the other parent within such reasonable ti Should either pez whedule, an me as to mare the records and information of reasonable use to the other parent or be aware ot any educational mot, that Patent shall notify t' medical or haul. other Percart within twenty four (24) 3. : The Mother and Father shall share physical Pm'?t to the following 2W schedule: custody of Riley a. During week one, Father shall have custody of Riley Monday by 5:00 Pm or from at her schooU may morning taking the Child to school. other shall have the Child Wednesday by 5:00 pm or fi-om atlea school/day care tnw4;h Friday morning taking the Child to school. Fatly shall have the Child from Friday by 5:00 pm or from abler schoollday care through Monday morning taking the Child to school. b. During week two, Mother shall have custody of Riley Monday by 5:00 pm or fi+on after school/day care thorough Wednesday No. 07-1284 Civil Teem ACTION IN CUSTODY ?`_'' ti` morning taking the Child to school. Father shall have the Child Wednesday by 5:00 pm or from after school/day cae through Friday morning tail" the Child to school. Mother shall have the Child fi+om Friday by 5:00 pm or ficin after school/day care through Monday morning taking the Child to school. C. The non-custodial party shall pick up the Child to commence thew rive custodial periods and shall be responsible to bring Riley to school. d. The parries may alter this physical custody schedule by mutual 4. Absent mutual agreement otherwise or fihrther Order of Court, the Child shall be enrolled in Father's school distinct. Riley is aurandy attending Crestview Elementary School in the Carlisle School District. Mother is authorized to r+eloca+te from her current residence, but shall not relocate out of the Carlisle School District without went of Father or fiuther order of Court. 5. Each parent shall enam 69 Riley has safe, secure and appropriate living/sleeloing atrangenner , when Riley is in their eve custody. b. If a pwa t is unable to exercise custody for a period greater than four hours, that parent shall contact the other party, who shill have a right of first refusal to exercise custody. If the latter para:Yt is usable to exercise custody, the other parent shall be free to make alternative arrangemcuts_ 7. Wig: The parties have agreed to, and are directed to, engage in therapeutic family counseling (focusing on co-pwanting dells) with a mutually4grad upon profiesaioh-I. Father shall identify available professionals through his imhuranoe and the parries shall schedule an appointment within thirty (30) days of this Order. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 8. The non-cuatodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. Neither party may say or do anything, nor permit a third party, to do or say anything that may esnmge the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 11. During any periods of custody or visitation, the parties shall not possess or use nonlresenbed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication The parties shall likewise assure, to the extent possible, thet other household members and/or house guests comply with this provision. 12. Absent mutual agreement otherwise, the parties shall adhere to the holiday schedule as attached. 13. Each pared shall have two non-consecutive wftks of vacation with the Child per yew The ? this vacation week shall parent 30 days advance notice of the Custody schedule. In the event the supersede, the regular physical parties schedule conflicting vacabons, ply first providing written notice shall have choice vacatimn Prior rtto departure, the pies will provide each other with ikon regarding the intended vacation dion and a telephone number at which they can be during their vacation. The parties may expand this vacation time by reached mutual agreement 14. In the event the custodial parent should take the Child out of state, the custodial P shall notify the non-custodial par,emt within twenty-four hours of departure of the intended demon and a telephone number at which they can be reached. 15. Relocation: Should either party intend to relocate from his or her current location that would require substantial modi is abort of this Order (see paragraph 4 of this Orders he or she shall notify the other party by giving prior written notice not less than sixty (60) days prior to the planned relocation. In the event of any mended relocation, either party may seek modification of the teams of this Order by Sling a Petition to Modify with the Prothonotary of the Cuniberiand, County Court of Common Pleas, Carlisle, PA. 16. This Order is entered pucauant to a conciliation conference. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the tenors of this Order shall control. BY THE COURT, P. J. Cc: ?Rachel Armbruster, Esq., 503 Ridge Street, Ste 212, New Cumberland, PA 17070 " John J. Maqpw, Es' Esq Q0pies Aca.:l cal 494 HOLIDAYS AND TEM EVEN ODD SPECIAL HAYS YEARS YEARS Easier Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evraing before the Modem Father holiday ID 6 pm the day of the hofi&y Irxiepencleooe Day From 6 pm the evening before the Father Mbdler holiday tin 6 pm the day of the; holw" Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the hofiday TThOlI sghlog 1 From 6 pm the evening befol+e Fail Mother Half Thanksgiving Day to 3 pin on P k M D viag " q m ay From 3 pm on T'bm*sghing Day to Mother Fader half 6 ipm the day ate nmkio. Christmas 1 Half From 9 am on 17!24 to 3 pm on Father Mother 12/25 Chdx mesa Half From 3 pm on 12/25 to 3 pm on Mother Father Mother's Day From Mother's Day 9:00 am until the Mother Mother react Fm's Day From Father's Day 9:00 an until the Father Father I J _ react I CO EPHART _r M IN THE COURT OF COMMON PLEAS ROBERT E. K PLAINTIFF CUMBERLAND COUNTY, PENNSYLVIA ='c - c ? 2007-1284 CIVIL ACTION LAW ,a C l) 713 AMANDA C. KEPHART IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, December 21, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle_ on T _ Thursday, January 27, 2011 at 9:00 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. 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/ John-1. Mangan, -jr,Es q. 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 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 -164 C?7p? 32 South Bedford Street 1 a J Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ILI