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HomeMy WebLinkAbout03-0478 MATTHEW ZAPPE, Plaintiff vs. STEPHANIE J. ROBERTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O.3-~ Y 7~ : CIVIL ACTION -LAW CUSTODY PETITION TO CONFIRM CUSTODY AND NOW, comes Plaintiff, Matthew Zappe, by and through his attorney, Diane S. Baker, Esquire, and files this Complaint, based upon the following: l • Plaintiff, Matthew Za ppe, is an adult individual residing at 1 Boeing Road, New Cumberland, Cumberland County, Pennsylvania. 2• Defendant, Stephanie J. Roberts, is an adult individual residing at 272 Cumberland Road, Shiremanstown, Cumberland County, Pennsylvania, Defendant is represented by Joan Carey, Esquire. 3• Plaintiff seeks to confirm prim April 23, 1997. Plaintiff is the natural father of the child and Dyefendan tis tthe e, born mother of the child. The child was born of the mania e of the arties. natural currently in the custody of his father, Matthew Za e g p The child is 4• Since birth, the child has residedpwith the follolwin this action. following addresses: g persons and at the ~a) 1998 to 2000, with the Defendant at Seventh Street Mechanicsburg, Cumberland Coun I~ID Building, ty, Pennsylvania; fib) 2000 to November 24, 2002, with the Defendant and her husband, g~h Street, New Cumberland, Cumberland County, Pennsylvania; and ~c) November 24, 2002 to Present, with Plaintiff and Plaintiffs fiance, 1 Boeing Road, New Cumberland C , timberland County, Pennsylvania. 5• On November 24, 2002, at the Defendant's request, the minor child began residing with the plaintiff. This followed a domestic violence incident at the Defendant's residence wherein she was assaulted by her husband. Criminal charges were filed but were withdrawn, There have been numerous other incidences of domestic violence between Defendant and her husband, Many of these incidents have occurred in the presence of the minor child, Kyle. In each previous instance, Defendant and her later reconciled and she dropped the pendin husband 6• Plaintiffhas not g criminal chazges. in other litigation concerning the custody of the hi d n r a• witness, or in another capacity, 7• Plaintiff has no information of a custod this or another court. pending in a court of this Co Y proceeding concerning the child mmonwealth. 8• There have been no prior orders between these parties concern' minor child. m8 this 9• Plaintiff does not know of a physical custody of the child or claims to have cu t dy or v~isitat on proceedings who has the child. ghts with respect to 10. Each parent whose parental ri and the person who has physical custody of t~hte childehas lbeen nhas not been terminated action. arced as parties to this 11. The best interest and e granting the relief because Plaintiff provides t a safe home an hild will be served by environment for the child. d a stable and loving WHEREFORE, plaintiff respectfully requests Your Honorable Court primary physical and shared legal custody of the minor child grant him periods ofpartial physical custody at such times as agreed upon b with Defendant having Y the parties. Respectfully submitted, DATE; _ --.• D-~g S. Baker, Esquire --- Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 VERIFICATION I verify that the statements made in this Complaint are true and correct. ] understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. M,~ TTHEW ZAPPE - ~~ ~~ w ~ ~ "b4 c a -~ c? c „_ r~ r~ ~.~ <., ~:. ;, MATTHEW ZAPPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA. V• 03-478 CIVIL ACTION LAW STEPHANIE J. ROBERTS IN CUSTODY DEFENDANT _ ORDER OF COURT AND NOW, Thursday, February 06, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Fridai March 14, 2003 at 8:30 AM Mechanicsburg, PA 17055 on Y~ for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this camiot 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; Is/ Dawn undc~a Fsa L 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 YOiJ CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania l 7013 Telephone (717) 249-3166 ~~~~~~~~-~AS~.r~~~~ ,~ ~~. r ~ . ;.. .. G d...'e.~ ~ ~ S. ~ ' ... I - «. ~v1.1_ .. ~ ~~I _.I nAR z a zoo3 MATTHEW ZAPPE Plaintiff vs. STEPHANIE J. ROBERTS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-478 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 20th day of March, 2003 ,the conciliator, being advised by counsel that all custody issues have been resolved by agreement c-f the parties, relinquishes jurisdiction. The Custody Conciliation Conference scheduled for today, March 20, 2003, is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ~ ~ ~ ..,~ C.. ~..'? MATTHEW ZAPPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.03-478 STEPHANIE J. ROBERTS :CIVIL ACTION -LAW Defendant :CUSTODY CUSTODY ORDER AND NOW, this ~ a' ~ day of 1 ' ` , 2003, upon consideration of the agreement of the parties, it is hereby Ordered that custody of the minor child, Kyle David Zappe, born April 23, 1997, shall be as follows: 1. The parties shall share legal custody of the minor child. They shall consult with each other relative to all important decisions concerning the subject minor child, including such matters as health, education, and religion. Both parties shall be entitled to equal access to all school and medical records. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, rvi±h a view toward ~rtaining and following a harmonious policy in the child's best interests. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstances concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information regarding the child from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Beginning June 6, 2003, the parties shall share physical custody of the child on an alternating weekly schedule. The transfer will occur Mondays at 7:00 P.M. with Mother's week beginning June 6, 2003 at 7:00 P.M. During Mother's week, the Father shall have the child from Sunday 7:00 P.M. until Monday 7:00 P.M. During Father's week, the Mother shall have the child from Friday 7:00 P.M. until Saturday 2:00 P.M. It is the intention of the parties to share equally the number of days and nights with the child during the year. 3. The parties shall alternate the following holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, commencing with Father having Easter, 2003. 4. The parties shall share custody at Christmas by alternating Segment A: Christmas eve 3:00 P.M. into Christmas day 3:00 P.M. and Segment B: Christmas day from 3:00 P.M. unti13:00 P.M. on December 26 as follows: a. Mother shall have Segment A and Father Segment B in 2003 and odd numbered years thereafter, and b. Father shall have Segment A and Mother Segment B in 2004 and even numbered years thereafter. 5. Mother shall have child always on Mother's Day and Father shall have child always on Father's Day. 6. The holiday schedule shall supercede the regular schedule. ~_ 7. The child shall attend Mount Zion Elementary School beginning the 2003-2004 school year. 8. The parties shall share transportation. The party receiving the child shall be responsible for the pick-up. 9. Both parties shall be entitled to reasonable telephone contact with the child when in the custody of the other parent. 10. During any periods of custody, the parties to this Order shall not possess or use any controlled substance nor shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. Neither party shall drive if he/she has been drinking. 11. Neither party shall expose the child to domestic violence. In the event of a domestic violence incident at either residence, which necessitates police involvement, the child shall go to the other parent's residence temporarily until the child's safety can be ensured. If the parties cannot agree to return to the court ordered schedule within two weeks, either parent may petition to modify the order. 12. Both parties shall be aware of and obey laws concerning the safety of the child and the child's well being. 13. Both parents shall not make derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child. 14. The parties agree that they shall share the entitlement to claim the minor child as an exemption for income tax purposes. Father shall be entitled to the deduction for the child in odd numbered years and Mother shall be entitled to the deduction in even numbered years. Both parties agree to execute all documents necessary to implement this paragraph upon request. JUDGE This Order is entered pursuant to the consent of Plaintiff and Defendant: ! _. Matthew Zappe, Plainti ..__._ J ~~> .~J.,, %~". .~ Sommers Baker, Attorney for Plaintiff 27 South Arlene Street Harrisburg, PA 1 7 1 1 2-0443 Stephani J. Roberts, D fendant n arey, Attorney f efendant idPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 J C~'~~ ~ RKS a5-~a-m -~ , ~-.,. } ~ .a ~I~"~i`i r ,i ,TJ ,.. \t nirr n. ~, n.~~~ ~ * , :''1 ~~' MATTHEW ZAPPE, Plaintiff(Respondent v. STEPHANIE J. ROBERTS, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-478 CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Plaintiff/Petitioner, Matthew Zappe, by and through his attorney, Diane S. Baker, Esquire, and files this Petition for Modification of Custody, based upon the following: 1. Plaintiff/Respondent, Matthew Zappe, (hereinafter referred to as Father) is an adult individual residing at 30 Boeing Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2, DefendantlPetitioner, Stephanie J. Roberts, (hereinafter referred to as Mother) is an adult individual residing at 316 Bridge Street, Apartment 3, New Cumberland, Cumberland County, Pennsylvania 17070. 3, Petitioner seeks primary physical custody of Kyle David Zappe, born Apri123, 1997. The child was born of the marriage of the parties. 4. Petitioner is the natural father of the minor child. He is married to Bree Zappe. 5. Respondent is the natural mother of the minor child. She is marred to Christopher Roberts. 6. For the past five years, the child has resided with the following persons and at the following addresses: (a) 1998 to 1999 with the Defendant at 511 Mazket Street, New Cumberland, Cumberland County, Pennsylvania; (b) 1949 to 2000 with the Defendant at Seventh Street HUD Building, Mechanicsburg, Cumberland County, Pennsylvania; (c) 2000 to November 2002, with the Defendant and her husband at 8"' Street, New Cumberland, Cumberland County, Pennsylvania; (d) November 24, 2002, to September, 2003, with Plaintiff and Plaintiffs wife at 1 Boeing Road, New Cumberland, York County, Pennsylvania; and (e) September, 2003, to present, every other week, with Plaintiff and Plaintiffs wife at 30 Boeing Road, New Cumberland, York County, Pennsylvania, and every other week with Defendant and her husband at 316 Bridge Street, Apartment 3, New Cumberland, Cumberland County, Pennsylvania. 7, The current Custody Order was entered by agreement of the parties on May 12, 2003. The Order, a copy of which is attached hereto marked, Exhibit A and incorporated herein by reference, directed that the parties would share physical custody of the minor child, Kyle David Zappe, on a week-by-week basis. 8. Since the entry of the current Order, Mother has relocated two times. There have also been numerous domestic violence incidences at her residence between her and her husband, Christopher Roberts, and there have been numerous separations and reconciliations between Mother and her husband, all of which are extremely disruptive to the child. 9. As a result of the many disruptions in the child's life, the child has been in therapy with Mary Jo Devlin, LCSW, BCD, however, Mother has refused to cooperate with the counseling process. 10. Plaintiff does not know of a person not party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 12. Plaintiff, Matthew Zappe, requests primary physical custody of the child with Mother having periods of partial physical custody to include weekends and vacation periods. Plaintiff/Father believes that such an arrangement would best serve the interest of the child as he is able to provide a safe, stable and loving home for the child. WHEREFORE, Petitioner respectfully requests this Honorable Court issue an Order directing the Plaintiff and Defendant share legal custody of the minor child with primary physical custody of the minor child, Kyle David Zappe, born April 23, 1997, with Father. Respectfully DATE: / ~ ~% ~~~, rane S. Baker, Esquire ~~z( Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-4600 VERIFICATION I, MATTHEW ZAPPE, verify that the statements made in this Petition for Modification of Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaC.S. Section 4904 relating to unsworn falsification to authorities. MATTHEW APP Iv1.ATTHEW ZAPPE, vs. STEPHANIE J. ROBERTS Plaintiff Defendant N T'FIE COURT OF COMiviON PLEAS OF CU1ViBERLAlv'D COUNTY, PEN?1SYLVAiQIA N0.03-478 CIVIL ACTION -LAW CUSTODY CUSTODY ORDER Al\~ ?vOW, this _~_ day of , 2003, upon consideration of the agreement of the parties, it is hereby Ordere at custody of the minor child, Kyle David Zappe, born April Z3, 1997, shall be as follows: The parties shall share legal custody of the minor child. They shall consult with each other relative to all important decisions concerning the subject minor child, including such matters as health, education, and religion. Both parties shall be entitled to equal access to all school and medical records. The parties agree that major decisions concerning their child, including, but not necessazily limited to, the child's health, welfaze, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, v; ith a view reward obtaining and fnllowin~ a harmonious policy in ffie child's best interests. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstances concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the pazent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, "EXHIBIT A" that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and foil information regarding the child from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a pazent. Beginning June 6, 2003, the parties shall share physical custody of the child on an a!ternatino weekly schedule. The transfer will occur Mondays at 7:00 P.M. with Mother's week beginning June 6, 2003 at 7:00 P.M. During Mother's week, the Father shall 'cave the child from Sunday 7:00 P.M. until Monday 7:00 P.M. During Father's week, the Mother shall have the child from Friday 7:00 P.M. until Saturday 2:00 P.M. It is the intention of the parties to share equally the number of days and nights with the child during the year. The parties shall alternate the following holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, commencing with Father having Easter, 2003. The parties shall share custody at Christmas by alternating Segment A: Christmas eve 3:00 P.M. into Christmas day 3:00 P.M. and Segment B: Christmas day from 3:00 P.M. until 3:00 P.M. on December 26 as follows: a. Mother shall have Segment A and Father Segment B in 2003 and odd numbered years thereafter, and b. Father shall have Segment A and Mother Segment B in 2004 and even numbered years thereafter. Mother shall have child always on Mother's Day and Father shall have child always on Father's Day. 6. The holiday schedule shall supersede the regular schedule. 7. The child shall attend Mount Zion Elementary School beginning the 2003-2004 school year. The parties shall share transgortation. The party receiving the child shall be responsible for the pick-up. Both parties shall be entitled to reasonable telephone contact with the child when in the custody of the other parent. 10. During any neriods of custody, the parties to this Order shall not possess or use any controlled substance nor shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. Neither party shall drive if he/she has been drinking. 1 I. Neither party shall expose the child to domestic violence. In the event of a domestic violence incident at either residence, which necessitates police involvement, the child shall go to the other parent's residence temporarily until the child's safety can be ensured. If the parties cannot agree to return to the court ordered schedule within two weeks, either pazent may petition to modify the order. 12. Both parties shad be aware of and obey laws concerning the safety of the child and the child's well being. 13. Both parents shall not make derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such commenu in the presence of the child. 14. The parties agree that they shall share the entitlement to claim the minor child as an exemption for income tax purposes. Father shall be entitled to the deduction for the child in odd numbered years and Mother shall be entitled to the deduction in even numbered years. Both parties agree to execute all documents necessary to implement this pazagraph upon request. BY THE. COUF:T: ~.SI "U. ,JUDGE This Order is entered pursuant [o the consent of Plaintiff and Defendant: Matthew Zappe, Plainti Baker, Attorney for Plaintiff 27 South Arlene Street Hamsburg, PA 17112-0443 5tepham J. Roberts, D fendant ,~ an Carey, Attorney fo efendant ~idPenn Legal Services 8 Irvine Row, Cazlisle, PA 17013 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of sajd Court t Carlisle, Pa. ~. `ff ~~ Pfothonofory ~. ~~ ~ ~.] ~ ~_ ~ ~ ~ ~.b I ~~ W I c, s-r ~, `;; -; ;- !. r_ ( r:. r ~:- ~ -, Y ~~ ~, -,~ N ....i N C~ r- n ~- ~~,. ti ~{j~ +i C C5 :{ MA'1{THEW ZAPPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-478 CIVIL ACTION I.AW J.ROBERTS IN CUSTODY DEFENDANT ORDER OF COURT A D NOW, Wednesday, May 04, 2005 ,upon consideration of the attached Complaint, it is here y directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , Che conciliator, at ~9 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 25, 2005 _ at 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this ca not be accomplished, to define and narrow the issues to he heard by the court, and to enter into a temporary order. A 1 children ale five or older may also be present at the conference. Failure to appear at the conference may provide rounds for entry of a temporary or permanent order. T e court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special elief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn_S. Sunday, Esq. ,~M/__ 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 avai able to disabled individuals having business before the court, please contact ow~ office. All arrangements mus be made at least 72 hours prior [o any hearing or business before the court. You must attend the scheduled conterence or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA E AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TH[i OFFICE SET FO TH 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 -,,~~, ~ ~, - ,,,~~,~~ -~O C .y~ ~_. ~~ ~.~, s ,,,, nJ !''~ MATTHEW ZAPPE, Plaintiff vs. STEPHANIE J. ROBERTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-478 CIVIL ACTION -LAW CUSTODY PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please note that, pursuant to Pa. R.C.P. 1012, MidPenn Legal Services hereby withdraws their appearance as attorneys for Stephanie J. Roberts, the defendant in the above-captioned matter. .r Dated: May ~ , 2005 ' i race D'Alo, Esq. idPenn Legal Services 8 Irvine Row Carlisle, PA 17013 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Stephanie J. ;, the defendant in the above-captioned matter. ,, /~ , aZ ~/'.~t ~_- `=rte/. S ANNE ONALD- • T.eoal T LUCYJ HNSTON-WALSH THOMAS M. PLACE ROBERT E. RAINS Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 (717)243-2968 -. ,; ; ; ;- Diane S. Baker, Esquire I.D. No. 53200 27 South Arlene Stree[ P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 MATTHEW ZAPPE, Plaintiff/Respondent v. STEPHANIE J. ROBERTS, Defendant(Petitioner : IN TAE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-478 CIVIL ACTION -LAW IN CUSTODY AFFIDAVIT OF SERVICE I, Diane S. Baker, Esquire, hereby certify that a true and correct copy of the Petition for Modification of Custody and Scheduling Order was served on the Defendant by certified mail, restricted delivery, return receipt requested, on May 19, 2005, at the Defendant's last known address of: 316 Bridge Street Apartment3 New Cumberland, PA 17070 _ '-- ,.` -/ ) The return receipt card is attached hereto as Exhibit "A'"' i ~ ~ i Diane S. Baker, Esquire Attorney for Plaintiff r f ~ Complete items 1, 2, antl 3. Also complete item 4 if Restricted Delivery Is desired. ~~ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Adtlressed to: S tc° ~lhar~ ~_ ~ YZ o~~ rt;~ 3~Lo ~r~ ~c~e ~fr'e~t- r`!~-~_-i-meat. 3 ~let~7 C~mbe~l~.r~~l-yV~l~ /~7V Agent A. B. gaedived l{f (PryrSt~d NameZ ~ LG. lTat~ of D I eGV~y address t tro(h ~ ~? ~ Yes If YES, enter delivery adtlress below: ^ No 3. S~erv~~e Type LLTGertltied Mail ^ Express Mail ^ Registeretl ^ Return Receip[for Mercl ^ Insured Mail ^ C.O.D. 4. Restrictetl Delivery? (5ara Fee) e: 2. Article Number (Transfer from service label) PS Porm 3811, August 2001 Domestic Return Receipt to2sss-at-m-osat EXHIBIT "A" ~. c7 <`= - - ~, C. L. ~, .., C RECEIVED JUN 13 1005 vyn MATTHEW ZAPPE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-478 CIVIL ACTION LAW STEPHANIE J. ROBERTS Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ ~ day of ~ tJ4' ~ 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by Arnold Shienvold, Ph.D. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which best meet the Child's needs and interests. The Father shall pay all costs of the evaluation initially, with the Mother contributing toward the costs to the extent of her financial ability as arranged by agreement between the parties. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. The parties shall contact the evaluator's office within 10 days of the custody conciliation conference in order to schedule their first sessions. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated May 12, 2003 shall continue in effect. 3. Within 60 days of receipt of the evaluator's written custody recommendations unsel for either party may contact the conciliator to schedule an additional custody-cejici~tion onference, if necessary. BY TI~~ COURT, ; r ' ~ ,/ $ i~~ \,,.,..~ \ ..-' I Edgar B. Bayley J. cc: yD'ane S. Baker, Esquire -Counsel for Father ~ffrey G. Stovall, Legal Intern and Ann MacDonald-Fox, Esquire, Counsel for Mother ~~ FIIED-OrrICE OF IF3c FRO~}~I~~~~?;1RY 2~Q5 ,lU~} t 4 Phi ~ O Q u~l._ . _~ i ~,~t.lt,,i~ MATTHEW ZAPPE Plaintiff vs. STEPHANIE J. ROBERTS Defendant Prior Judge: Edgar B, Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-478 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle David Zappe Apri123, 1997 Mother/Father 2. A conciliation conference was held on June 8, 2005, with the following individuals in attendance: The Father, Matthew Zappe, with his counsel, Diane S. Baker, Esquire, and the Mother, Stephanie J. Roberts, with her counsel, Jeffrey G. Stovall and Ann MacDonald-Fox, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~s~n~; aoo5 Date Dawn S. Sunday, Esquire Custody Conciliator MATTHEW ZAPPE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.03-478 STEPHANIE J. ROBERTS, :CIVIL ACTION -LAW Defendant :CUSTODY STIPULATION AND AGREEME T OF THE PARTIES AND NOW, this -~ day of ~_ 2005, come the parties, MATTHEW ZAPPE, hereinafter referred to as Father, by and through his attorney, Diane S. Baker, Esquire, and STEPHANIE J. ROBE][ZTS, hereinafter referred to as Mother, by and through her attorney the Family Law Clinic, and agree as follows: The parties are the parents of the minor child., Kyle David Zappe, born Apri123, 1997. 2. The parties shall share legal custody of the minor child. They shall consult with each other relative to all important decisions concerning the subject minor child, including such manners as health, education and religion. Both parties shall be entitled to equal access to all school and medical records. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view towazd obtaining and following a harmonious policy in the child's best interests. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning; their child that could 4 reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the pazent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the e;mergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 3. Father shall have primary physical custody of the child.c~ur~nrq -C-he .k~aa 1 y ~'~ 1Juv~r16 the sehocly~+r, sri ~ ~J ~J 4. ~t Mother shall have partial physical custody on alternating weekends from Friday evening until Sunday eveni~n~g:~i In addition, Mother shall have partial physical custody of the child^on Friday evening of each of Father's weep:ends. 5. The parties shall alternate the following holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. ~~d~lad~nrb -btie a.~rlds ~o(,d~ 3elloal Jtiea°%arJ~ 6. The Christmas holiday shall be shazed~as~"mui~ly agreed upon by the parties. 7. Mother's Day shall always be with Mother and Father's Day shall always be with Father. 8. The holiday schedule shall supersede the regular schedule. 9. During the summer, the parties shall share physical custody of the child on an alternating week schedule. Mother shall always have the first full week of the child's summer vacation. 10. The parties shall share transportation. The party receiving the child shall be responsible for the pick-up. 11. Both parties shall be entitled to reasonable telephone contact with the child when in the custody of the other parent. 12. During any periods of custody or visitation, the parties to this Order shall not possess or use any controlled substance nor shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure., to the extent possible, that other household members and/or houseguests comply with this prohibition. 13. Neither party shall expose the child to domestic violence. In the event of a domestic violence incident at either residence which necessitates police involvement, primary physical custody shall immediately revert to the other pazent until further Order of Court. 14. Both parents shall not make derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child. 15. The parties agree that they shall share the entitlement to claim the minor child as an exemption for income tax purposes. Father shall be entitled to the deduction for the child in odd number yeazs and Mother shall be entitled to the deduction in even number years. Both parties agree to execute all documents necessary to implement this paragraph upon request. 16. The provisions of this Stipulation have been fully explained to Plaintiff by his attorney, Diane S. Baker, Esquire, and to Defendant by her counsel through the Family Law Clinic. 17. The parties agree that this Agreement shall be entE;red as Order of Court,4No ~{iafi a61 Priar Cus~~ty ozoe.es be ~aea-fea`•~ .-~~ IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. W WITN A - ~S ~~I _ MATTHEW ZA STEPHAP EJ.ROBERTS n ^,a ~_.: ~,~~ !'i ( ~,_ _~ ~~~ _ 'per: `, _ <- `i ~ ~. G.> ~+ n., `i1 ca -` MATTHEW ZAPPE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-478 Rr~En,`r~ c`~ ~ . , SOS STEPHANIE J. ROBERTS, :CIVIL ACTION -LAW Defendant :CUSTODY CUSTODY ORDER AND NOW, this _~ day of , 2005, upon consideration of the attached Stipulation and Agreement of the Parties, it is hereby Ordered that custody of the minor child, Kyle David Zappe, born Apri123, 1997, shall be as follows: 1. The parties shall share legal custody of the minor child. They shall consult with each other relative to all important decisions concerning the subject minor child, including such manners as health, education and religion. Both parties shall be entitled to equal access to all school and medical records. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Father shall have primary physical custody of the child during the school year. 3. During the school year, Mother shall have partial physical custody on alternating weekends from Friday evening until Sunday evening. In addition, Mother shall have partial physical custody of the child overnight on Friday evening of each of Father's weekends. 4. The parties shall alternate the following holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. 5. The Christmas holiday, including the child's holiday school vacation, shall be shared equally as mutually agreed upon by the parties. 6. Mother's Day shall always be with Mother and Father's Day shall always be with Father. 7. The holiday schedule shall supersede the regular schedule. 8. During the summer, the parties will share physical custody of the child on an alternating week schedule. Mother shall always have the first full week of the child's summer vacation. 9. The parties shall share transportation. The party receiving the child shall be responsible for the pick-up. 10. Both parties shall be entitled to reasonable telephone and e-mail contact with the child when in the custody of the other parent. 11. During any periods of custody or visitation, the parties to this Order shall not possess or use any controlled substance nor shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 12. Neither party shall expose the child to domestic violence. In the event of a domestic violence incident at either residence which necessitates police involvement, primary physical custody shall immediately revert to the other parent until further Order of Court. 13. Both parents shall not make derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child. 14. The parties agree that they shall share the entitlement to claim the minor child as an exemption for income tax purposes. Father shall be entitled to the deduction for the child in odd number years and Mother shall be entitled to the deduction in even number years. Both parties agree to execute all documents necessary to implement this paragraph upon request. 15. All prior custody orders in this matter are.Kreby v~~I ~/ o BY THE COURT,`! f ~, JUDGE J~ ., ~- . Y Matthew Zappe, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-478 CIVIL TERM Stephanie J. Roberts, Defendant : IN CUSTODY PETITION FOR LEAVE TO WITHDRAW Petitioner, The Family Law Clinic, hereby petitions to withdraw from further representation of Stephanie J. Roberts, pursuant to Rule 1.16(b) (1}and (5) of the Pennsylvania Rules of Professional Conduct and Pa.R.C.P. 1012, and in support therefore avers the following; 1. On May 24, 2005, the Family Law Clinic entered appearance on behalf of Ms. Roberts in the above-captioned matter. 2. On June 8, 2005, the Family Law Clinic represented Ms. Roberts at a conciliation conference. 3. On September 13, 2005, the Court issued a Custody Order pursuant to the August 19, 2005, Stipulation and Agreement of the Parties. 4, During the course of the Family Law Clinic's representation of Ms. Roberts, irreconcilable differences have arisen between The Family Law Clinic and Ms. Roberts which have made further representation of her unreasonably difficult. 5. As there is currently no litigation pending, withdrawal can be accomplished without material adverse effect on the interests of Ms. Roberts. Pursuant to C.C.R.P. 208.2(d), the concurrence of opposing counsel, Diane S. Baker, Esq., has ~.' ~ ~ ~ -1 been sought, Diane S. Baker, Esq., concurs with the filing of this Petition. WHEREFORE, The Family Law Clinic requests permission to withdraw as counsel for Ms. Roberts in this matter. submitted Date f ~ Krista Ann Free Certified Legal Intern Thoma ~ .Place Robert E. Rains Anne MacDonald-Fox Lucy Johnston-Walsh Megan Riesmeyer FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Matthew Zappe, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA ~. : NO. 2003-478 CIVIL TERM Stephanie J. Roberts, Defendant : IN CUSTODY AMENDED PETITION FOR LEAVE TO WITHDRAW Petitioner, The Family Law Clinic, hereby petitions to withdraw from further representation of Stephanie J. Roberts, pursuant to Rule 1.16(b) (1) and (5) of the Pennsylvania Rules of Professional Conduct and Pa.R.C.P. 1012, and in support therefore avers the following: 1. On May 24, 2005, the Family Law Clinic entered appearance on behalf of Ms. Roberts in the above-captioned matter. 2. On June 8, 2005, the Family Law Clinic represented Ms. Roberts at a conciliation conference. 3. On September 13, 2005, the Court issued a Custody Order pursuant to the August 19, 2005, Stipulation and Agreement of the Parties. 4. During the course of the Family Law Clinic's representation of Ms. Roberts, irreconcilable differences have arisen between The Family Law Clinic and Ms. Roberts which have made further representation of her unreasonably difficult. 5. As there is currently no litigation pending, withdrawal can be accomplished without material adverse effect on the interests of Ms. Roberts. 6. The Honorable Edgar B. Bayley is the Judge who presided over this case. Pursuant to C.C.R.P. 208.2(d), the concurrence of opposing counsel, Diane S. Baker, Esq., has been sought, Diane S. Baker, Esq., concurs with the filing of this Petition. WHEREFORE, The Family Law Clinic requests permission to withdraw as counsel for Ms. Roberts in this matter. Respectfull~r submitted, Date ~ ~`~ ~ ~ Krista Ann Free Certified Legal ,: Thomas .Place ` Robert E. Rains Anne MacDonald-Fox Lucy Johnston-Walsh Megan Riesmeyer FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 MATTHEW ZAPPE, PLAINTIFF V. STEPHANIE J. ROBERTS, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-0478 CIVIL TERM ORDER OF COURT "~~ day of April, 2007, the amended petition for leave to withdrawn as counsel, IS GRANTED. By the Cou~r Edgar B. ley, J. Krista Ann Freego, Certified Legal Intern Megan Riesmeyer, Esquire The Family Law Clinic For Defendant Diane S. Baker, Esquire For Plaintiff 5/- ~C ~ C 7 ~~ sal ~ ~ :- " ~_ ~.~ ' ~ ~ • ~ +~_ , :~ ~ _. .p C:i.. d {V ~~ ~ } ~;.. 4 7 .~_i„ ~ ~_,,~ tL C~ ,~ .~ ~..~ Matthew Zappe, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION-LAW CUSTODY Stephanie J. Roberts, Defendant NO.2003-478 CIVIL TERM CERTIFICATE OF SERVICE I, Krista Ann Freego, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition for Leave to Withdraw and the Amended Petition for Leave to Withdraw on the following people by depositing a copy of the same in the United States regular first class mail on April 18, 2007. Stephanie Roberts 9 West Factory Street Mechanicsburg, PA 17055 Diane Sommers Baker, Esquire 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 ~~ ista Ann e o Certified Legal Intern c~ ~ ~~~ -L Meg Riesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 C' -n m -- ~ ~~ x3 L7 : r r r_~ rJ x~ ~` ~: ~~ C ~ ~i ' ..- ~ ~ ~~~