HomeMy WebLinkAbout98-07296
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BECKY HOPKINS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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MICHAEL ZEHRING,
Defendant
CUSTODY
CIVIL ACTION - LAW
ORDER OF COURT
You, Becky llopkins and Michael Zehring, are ORDERED to appear in person before i '\t ( \,' \ r \
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l...~, . J~_ , ,Custody COllCllwtot, <:I._'::i-:L}.__,::;!-,--_\~_._~~......._~_L::).~-l-'r.--!:J::-::
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, on \,\\( ( \ " l,\ at ,;4
_ o'clock -\l-,m, for a Custody Conciliation Confcrenee, At such Conference, an effort will be made to
resolve the issues in dispute; or if this cannot be accomplished. to define and naHOW the issues to be heard by the
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Court, and to enter into a Temporary Order. All children age five or older may. at the request of either attorney or
party, be present 01 the Conference, Failure to appear at the Conference may provide grounds for the entry ofa
temporary or pcmlancnt Order.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELl'.
Cumberland County Bar Association
2 Liberty A venue
Carlisle, PA 17013
(717) 249-3166
1-800,990-910S
FOR THE COURT:
Date: i I II \ r{
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Custody ConciliaiOf
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BECKY HOPKINS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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No,
MICHAEL ZEHRING,
Defendant
CUSTODY
CIVIL ACTION - LAW
COMPLAINT FOR CUSTODY
I, The Plaintiff is Becky Hopkins ("Mother") residing at 329 Blacksmith Road,
Camp Hill, Cumberland County, Pennsylvania 1701 I.
2, The Defendant is Michael Zehring ("Father") 27 Martin Drive, Lebanon, Lebanon
County, Pennsylvania 17046.
3, Mother seeks shared legal custody and primary physical custody of Sierra Zehring
with Father to have partial physical custody.
4, The child was hom out of wedlock.
5, During the past five (5) years, the child has primarily resided with the following
persons at the following addresses:
Namc
Mdress
Approx, Dates
Becky Hopkins
John and Jean Hopkins
329 Blacksmith Road
Camp Hin, PA
9/98 to present
Becky Hopkins
Michael Zehring
15 Briar Lane
Camp lIill. PA
8/')8 to 9/98
Becky Hopkins
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2315 Kent 51.
4/24/97 to 8/98
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6. The mother of the child is Becky Hopkins, She is notl11alTied,
7, The father of the child is Michael Zehring. He is notl11arried,
8, The relationship ofPlainliffto the child is that ofl11other. The 1110th,'r resides
with her parents,
9, The relationship of Defendant to the child is that of father. The father resides wilh
his parents,
10. Plaintiff has not participated as a party or a witness, or in any other cap;;eity in
other litigation conceming the custody of the child in this or any other Court.
II, Plaintiff has no infomlation ofa custody proceeding conceming the child pending
in a court of this ComJ1ionwealth,
12, Plaintiff docs not know of a person not a party to the proceedings who has
physical cllstody of the child or elaims to have custody or visitation rights with respect to the
child.
13, The best interest and pellnanent welfare of the child will be served by granting the
relief requested,
14, Each parent whose parental rights to the ehild has not heenterl11inated ha\'.' heen
named as parties to this action,
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WHEREFORE, Plaintiffs requests the Court to grant her shared legal and primary
physical custody of the child with Father to have partial physical cllstody,
Respectfully submitted,
BY:
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EMILY 1. HOFFMAN, ESQUIRE
Supreme Court !.D,# 66307
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105 North Front Street
Post Office Box 11475
Harrisburg, PA 17108-1475
(717) 233-1112
Attol11ey for Plaintiff
DATED: 12/28/98
W51,l
VERIFICATION
I, Becky Hopkins, hereby verifies and state that to the extent that the foregoing document
contains facts supplied by me, they are true and correct to the best of my knowledge, infol1nation
and belief; however, to the extent that the foregoing document and/or its language is that of
counsel, I have relied upon counsel in making this Verification,
I understand that false statements made herein are subject to the penalties of 18 Pa,C.S,A,
*4904, relating to unswom falsification to authorities,
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Be'cky ~opkins
DATED:
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BECKY HOPKINS.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY.
PENNSYLVANIA
Plaintiff
vs,
CIVIL ACTION - LAW
MICHAEL ZEHRING.
Defendant
NO, 98-7296 CIVIL TERM
ORDER
AND NOW, this
Z " ' day of
, 1999, upon receipt of the
;17 tV-c.!"
Conciliator's RepOlt, it appcaring that the parties have agreed to the terms and provisions of this
Order which was dictated in their presence and approved by them, it is hereby ordered and
directed as follows:
1, The parties shall share legal custody of their minor child, Sierra
Zehring, d.o,b. Apl'il24. 1997,
2. Mother shall have primary physical custody of the minor child subjcct
to periods ofpmtial custody with Fathcr in accordancc with the following four-
wcek rotational schedule:
A, Week One, From Saturday between 10:00 a,m. and
11 :00 a,m, until Tuesday morning at which time Father shall drop
otTthe child at the daycare provider,
B. Week Two, From Sunday hetween J 0:00 a,m, and
11 :()() a,I1I, until Wednesday morning at which time Father shall
drop off the' child at the dayeal'e provider.
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C. Wcck Thrcc, From Friday at 6:00 p,m, until Tucsday
morning at which timc Fathcr shall drop thc child off atthc
daycarc provider.
D, Wcek Four. From Sunday betwecn 10:00 a,m. and
11 :00 a,m, until Wedncsday morning at which timc Father will
drop otTthc child at the daycare providcr,
This schedule shall alternatc so as to prcscrve this four-wcck
rotational schcdule,
3, Thc partics shall alternate thc major holidays, those holidays bcing
defined as Easter. Mcmorial Day, Fourth of .lull', Labor Day and Thanksgiving.
This alternating sehcdulc shall commence with Father having Eastcr in 1999,
These periods of partial custody shall bc from 9:00 a,m. until 7:00 p,m.
4. Father shall have thc child every Christmas Evc and Mother shall have
the child every Christmas Day. The parties shall agree upon the timcs for these
periods of partial custody,
5. Mother shall have thc child on Mother's Day and Fathcr shall have the
child on Fathcr's Day. These pcriods of partial custody shall be from 9:00 a.m.
until 7:00 p,m.
6, Each party is cntitled to onc unintcrruptcd week of vacation to spcnd
with the child, The partics shall providc cach other with thirty days advance
noticc or'.,hcnthcy intcnd to exercise this pcriod ofcxclusivc custody.
BAYLEY & MANGAN
Mark F. Bayley, Esquire
Attorney I.D. #: 87663
17 West South Street
Carlisle, PA 17013
(717) 241-2446
BECKY HOPKINS
Plaintiff,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MICHAEL ZEHRING : NO. 98-7296 CIVIL TERM
Defendant. : IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW comes Petitioner, Becky Hopkins, by and through her attorney, Mark F.
Bayley, and in support of the within petition avers as follows:
1. Becky Hopkins, Petitioner, (hereinafter referred to as "Mother"), is the Plaintiff in
the above caption-matter, and is an adult currently residing at 516 Carol St., New Cumberland,
PA 17070.
2. Michael Zehring, Respondent, (hereinafter referred to as "Father"), is the
Defendant in the above-captioned matter, and is an adult individual residing at 891 Siddonsburg
Rd., Lewisberry, PA 17339.
3. The parties are the natural parents of:
Sierra Zehring (born April 24, 1997)
Q?
4. A prior order was entered on March 29, 1999 by the Honorable Kevin A. Hess
(copy is attached as "Exhibit A"); a temporary protection from abuse order (still in effect) was
issued on October 20, 2010 (copy of order and petition attached as "Exhibit B").
5. A change of circumstances has since occurred.
6. Mother is requesting that the current order be modified as agreed upon by the
parties or otherwise determined by the court to be in the best interests of the child.
WHEREFORE, Petitioner requests this Honorable Court to schedule a custody
conciliation conference.
Date: " S
Respectfully submitted,
BAYLEY & MANGAN
Mark F. Bayley, Esq ire
-64Ly-
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court ID # 87663
BECKY HOPKINS : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
MICHAEL ZEHRING NO. 98-7296 CIVIL TERM
Defendant. : IN CUSTODY
ATTORNEY VERIFICATION
Mark F. Bayley, Esquire, states that he is the attorney in relation to the within matter; that
he makes this affidavit as attorney because he has sufficient knowledge or information and
belief, based upon his investigation of the matters averred or denied in the foregoing document;
and that this statement is made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn
falsification to authorities.
Mark F. Bayley, Esqu re
BECKY HOPKINS. ) IN THE COURT OI- COMMON PLEAS
Plaintiff } OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs. )
CIVIL ACTION - LAW
MICHAEL ZEI-IRING, )
Delendant ) NO. 98-7296 CIVIL TERM
ORDER
AND NOW, this Z'V day of /")u"" , 1999, upon receipt of the
Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this
Order which was dictated in their presence and approved by them, it is hereby ordered and
directed as follows:
1. The parties shall share legal custody of their minor child, Sierra
Zehring, d.o.b. April 24. 1997.
2. Mother shall have primary physical custody of the minor child subject
to periods of partial custody with lather in accordance with the following four-
week rotational schedule:
A. Work One. From Saturday between 10:00 a.m. and
11:00 a.m. until Tuesday morning at which time Father shall drop
offthe child at the daycare provider.
13. Week Two. From Sunday between 10:00 a.m. and
11:00 a.m. until Wednesday morning at which time lather shall
drop off the child at the daycare provider.
E'A-(64 t?A,,
C. Week Three. From Friday at 6:00 p.m. until'I'uesday
morning at which time Father shall drop the child ofl'at the
daycare provider.
D. Week Pour. From Sunday between 10:00 a.m. and
11:00 a.m. until Wednesday morning at which time Father will
drop off the child at the daycare provider.
This schedule shall alternate so as to preserve this four-week
rotational schedule.
3. *rhe parties shall alternate the major holidays, those holidays being
defined as Easter. Memorial Day, Fourth of July, Labor Day and Thanksgiving.
This alternating schedule shall commence with Father having Laster in 1999.
These periods of partial custody shall be from 9:00 a.m. until 7:00 p.m.
4. Father'sliall have the child every Christmas Eve and Mother shall have
the child every Christmas Day. The parties shall agree upon the times for these
periods of partial custody.
5. Mother shall have the child on Mother's Day and rather shall have the
child on Father's Day. These periods of partial custody shall be from 9:00 a.m.
until 7:00 p.m.
6. Each party is entitled to one uninterrupted week of vacation to spend
with the child. 'llte panics shall provide each other with thirty days advance
notice Of WICn the%' intend 10 exercise this period ofexclusive custody.
IN "1 HE, COURT OF COMMON PLEAS
E3ECKY 1-IUl K[NS,
PlaintilT ) 01' CUMBERLAND COUNTY,
} PENNSYLVANIA
i vs.
CIVIL ACTION -LAW
MICHAEL ZE1•iRING. )
ERM
Defendant } NO. 98-7296 CIVIL I
i
JUDGE PREVIOUSLY ASSIGNED: None
s
CLISTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child(ren) who is(are) the subject of this
litigation is as follows:
NAME BIRTi DATE CURRENTLY IN
CUSTODY OF
Sierra Zehring April 24. 1997
2. A Conciliation Conference was held on March 4, 1999, and the following individuals
were present: the PlaintilTand her attorney, Emily Long Hoffman. Esquire; the Defendant
appeared pro se.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: Sec attached Order.
5. The Plaintiff's position on custody is as follows: See attached Order.
b. The Del'endant's position on custody is as follows: See attached Order.
7. Need for separate counsel to represent child(ren). Neither party requested.
Notice of Hearing Page 1 of 2
r
Michael Edward Zehring on behalf of minor
Plaintiff, Sierra Rain Zehring
Pla;.ntiff
: IN THE: COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
:No. lQ--? &3 GVII
Becky Jo Hopkins
Defendant
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in
the following papers, you must appear at the hearing scheduled herein. If you fail to do so,
the case may proceed against you and a FINAL order may be entered against you granting
the relief requested in the petition. In particular, you may be evicted from your residence, be
prohibited from possessing any firearm, other weapon, ammunition or any firearm license,
and lose other important rights, including custody of your children. Any protection order
granted by a court may be considered in subsequent proceedings under Title 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings
under Chapter 53 (relating to custody).
?JGt/? G O I t-?
A hearing on the matter is scheduled for tie _ ll
316 at
in Courtroom
- at Cumberland County Courthouse, One
Courthouse Square, Carlisle, PA.
If an order of protection has been entered, you MUST obey the order until it is modified or
terminated by the court after notice and hearing. If you disobey this order, the police or
sheriff may arrest you. Violation of this order may subject you to a charge of indirect
criminal contempt which is punishable by a fine of up to $1,000 and/or up to six months in
jail under 23 Pa C.S.A. §6114. Violation may also subject you to prosecution and criminal
penalties under the Pennsylvania Crimes Code. Under federal law, 18. U.S.C. §2265, this
order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the
Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this
order, you may be subject to federal criminal proceedings under the Violence Against
Women Act. 18 U.S.C. §§2261-2262.
If this order directs you to relinquish any firearm, other weapon, ammunition or any firearm
license to the sheriff, you may do so upon service of this order. As an alternative, you may
relinquish any firearm, other weapon, or ammunition listed herein to a third party provided
you and the third party first comply with all requirements to obtain a safekeeping permit. 23
Pa.C.S.A. §6108.3. You must relinquish any firearm, other weapon, ammunition or any
Phttps://www.pfad.state.pa.us/PFADLive/noticeothearing.asp?NoHID==186599&cmdMove... 10/19/2010
Notice of Hearing
Michael Edward Zehring on behalf of minor
Plaintiff, Sierra Rain Zehring .
Plaintiff
V.
Page 1 of 2
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
:No. 10-U4g3 CIVI
Becky Jo Hopkins
Defendant
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
NOTICE OF HEARING AND ODDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in
the following papers, you must appear at the hearing scheduled herein. If you fail to do so,
the case may proceed against you and a FINAL order may be entered against you granting
the relief requested in the petition. In particular, you may be evicted from your residence, be
prohibited from possessing any firearm, other weapon, ammunition or any firearm license,
and lose other important rights, including custody of your children. Any protection order
granted by a court may be considered in subsequent proceedings under Title 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings
under Chapter 53 (relating to custody).
?Jd? G 0 ? G?
A hearing on the matter is scheduled for the
I! p at
in Courtroom
_ at Cumberland County Courthouse, One
Courthouse Square, Carlisle, PA.
If an order of protection has been entered, you MUST obey the order until it is modified or
terminated by the court after notice and hearing. If you disobey this order, the police or
sheriff may arrest you. Violation of this order may subject you to a charge of indirect
criminal contempt which is punishable by a fine of up to $1,000 and/or up to six months in
jail under 23 Pa C.S.A. §6114. Violation may also subject you to prosecution and criminal
penalties under the Pennsylvania Crimes Code. Under federal law, 18. U.S.C. §2265, this
order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the
Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this
order, you may be subject to federal criminal proceedings under the Violence Against
Women Act. 18 U.S.C. §§2261-2262.
If this order directs you to relinquish any firearm, other weapon, ammunition or any firearm
license to the sheriff, you may do so upon service of this order. As an alternative, you may
relinquish any firearm, other weapon, or ammunition listed herein to a third party provided
you and the third party first comply with all requirements to obtain a safekeeping permit. 23
Pa.C.S.A. §6108.3. You must relinquish any firearm, other weapon, ammunition or any
httns://www.nfad. state. r)a.us/PFADLive/noticeofhearing.asp?NoHID=186599&cmdMove... 10/19/2010
Notice of Dearing Page 2 of 2
firearm license listed in the order no later than 24 hours after service of the order. If, due to
their current location, firearms, other weapons or ammunition cannot reasonably be retrieved
within the time for relinquishment, you must provide an affidavit to the sheriff listing the
firearms, other weapons or ammunition and their current location no later than 24 hours after
service of the order. Failure to timely relinquish any firearm, other weapon, ammunition or
any firearm license shall result in a violation of this order and may result in criminal
conviction under the Uniform Firearms Act, 18 Pa. C.S.A. §6105.
NOTICE: Even if this order does not direct you to relinquish firearms, you may be subject to
federal firearms prohibitions and federal criminal penalties under 18 U.S.C. §922(g)(8).
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE
THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE
COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO
PROCEED WITHOUT ONE.
County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
Distribution to:
Legal Services
Transmitted to PSP
DVS/CP
https://www.pfad.state.pa.us/PFADLive/noticeofhearing.asp?NoHID=186599&cmdMove... 10/19/2010
Temporary Protection 7rom Abuse Orc.er No: Page I of 3
TEMPORARY PROTECTION IN THE COURT OF COMMON PLEAS OF
FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA
Amended Order ElContinued Order NO, 10 U U S 3 C) V 1
1. PLAINTIFF
Sierra Rain Zehring 4/27/1997
First Middle Last Suffix Plaintiff DOB
Name(s) of All protected persons, including minor child/ren and DOB.
V.
DEFENDANT
Beck Jo Hopkins
First Middle Last Suffix
Defendant's Address:
516 Carol Street
New Cumberland PA 17070
CAUTION:
0 Weapon Involved
E] Weapon Present on the Property
0 Weapon Ordered Relinquished
DEFENDANT IDENTIFIERS
DOB 1/6/1968 HEIGHT 5 ft. 5
in.
SEX Female WEIGHT 110
RACE White EYES Blue
HAIR Black
SSN
DRIVERS
LICENSE #
EXP:DATE STATE
The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with
reasonable notice and opportunity to be heard.
The Court Hereby Orders:
® Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found.
® Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this order, Defendant
shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means,
including through third persons.
® Additional findings of this order are set forth below.
Order Effective Date Order Expiration Date
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to
six months in jail. 23 P&C.S.A. § 6114. Consent of Plaintiffto Defendants return to the residence shall not invalidate this order, which can only be changed or
modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or
ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may
relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a
safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment,
Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of
this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to
federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262.
https://www.pfad. state.pa.us/PFADLive/temporder.asp?TempOrderID=341769&cmdMo... 10/19/2010
Temporary Protection From Abuse Order No:
Page 2 of 3
AND NOW, on 19th Day of October, 2010 upon consideration of the attached Petition for
Protection from Abuse, the court hereby enters the following Temporary Order:
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place
where they might be found.
2. Except for such contact with the minor children as may be permitted under paragraph 4 of this
order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other
person protected under this order either directly or indirectly, at any location, including but not
limited to any contact at Plaintiffs or other protected parry's school, business, or place of
employment.
3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this
order, Defendant shall not contact Plaintiff, or any other person protected under this order, by
telephone or by any other means, including through third persons.
4. CUSTODY
THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody
of the following minor child/ren:
1. Sierra Rain Zehring
The local law enforcement agency in the jurisdiction where the child/ren are located shall
ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the
terms of this order.
5. The following additional relief is granted:
Other Relief-
- Defendant shall not damage, destroy or dispose of, in any manner, any property owned
jointly by the parties or solely by the Plaintiff.
6. A certified copy of this order shall be provided to the sheriff or police department where
Plaintiff resides and any other agency specified hereafter:
New Cumberland Police Department
Fairview Township Police Department
PSP- Carlisle Barracks
7. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a
copy of the petition, any order issued, and the order for hearing. Petitioner will inform the
designated authority of any addresses, other than Defendant's residence, where Defendant can
be served.
8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN
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Temporary Protection From Abuse Order No: Page 3 of 3
10
EFFECT UNTIL OCTOBERX, 2013 OR UNTIL OTHERWISE MODIFIED OR
TERMINATED BY THIS COURT AFTER NOTICE AND HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this order may result in arrest for indirect criminal
contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23
Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate
this order, which can only be changed or modified through the filing of appropriate court papers
for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms,
other weapons or ammunition or any firearm license, those items must be relinquished to the
sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish
any firearm, other weapon or ammunition listed herein to a third parry provided Defendant and the
third party first comply with all requirements to obtain a safekeeping permit. If, due to their
current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the
time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms,
other weapons or ammunition and their current location no later than 24 hours after the service of
this order. Defendant is further notified that violation of this order may subject him/her to state
charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties
under the Violence Against Women Act, 18 U.S.C. § § 2261-2262.
NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS
This order shall be enforced by the police department or sheriff who has jurisdiction over
Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant
may be located. If Defendant violates Paragraphs 1 through 4 of this order, Defendant shall be
arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be
made without warrant, based solely on probable cause, whether or not the violation is committed
in the presence of a police officer or sheriff.
Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other
weapons and ammunition in Defendant's possession which were used or threatened to be used
during the violation of the protection order or during prior incidents of abuse and any other
firearms in Defendant's possession. Any firearm, other weapon, ammunition or any firearm
license must be delivered to the sheriffs office of the county which issued this order, which office
shall maintain possession of the firearms, other weapons and ammunition until further order of
this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the
law enforcement agency whose officer or sheriff made the arrest.
BY THE COURT:
U Oudge
Date
Distribution to:
Legal Services TRUE COPY FROM RECORD
Transmitted to PSP in Testimony whereof, I here unto set my hand
DVS/CP and th seglpf said Co,u.(t a(Carlisle, Pa.
This: day of ?. 20 /e)
Pr;74A7ry
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Petition For Protection From Abuse No:
Page 1 of 4
PETITION FOR PROTECTION IN THE COURT OF COMMON PLEAS OF
FROM ABUSE CUMBERLAND COUNTY, PENNSYLVANIA
no. 10- 101083 UVi
1. PLAINTIFF
I Sierra Rain Zehring - April 27, 1997
First Middle Last Suffix Plaintiff DOB
Plaintiffs Address:
O Plaintiff s address is confidential or ® Plaintiffs address is:
891 Siddousborg Road,Lewisberry, PA 17339
V.
2. DEFENDANT
Bee Jo Hopkins
First Middle Last Suffix
Defendant's Address:
516 Carol Street New Cumberland, PA 17070
CAUTION:
Weapon Involved
Weapon Present on the Property
Weapon Requested Relinquished
DEFENDANT IDENTIFIERS
DOB 10/6/1968 FIGHT 5 ft. 5
m.
SEX Female WEIGHT 110
RACE White EYES Blue
HAIR Blonde or Strawberry
SSN
DRIVERS LICENSE
EXP DATE STATE
Defendants place of employment is: Harrisburg Hospital
0 Check here if you have reason to believe that Defendant is a licensed firearms dealer, is employed by a licensed firearms dealer or
manufacturer, is employed as a writer, researcher or technician in the firearms or hunting industry or is required to cant' a firearm as a
condition of employment.
3. I am filing this Petition on behalf of O Myself and/or ® Another Person
If you checked "myself", please answer all questions referring to yourself as "Plaintiff". If you ONLY checked "another person", please answer all
questions referring to that person as the "Plaintiff, and provide your name and address here, as filer, unless confidential.
Filers Name:
Michael Edward Zehring
First Middle Last suffix
Filer's address is confidential or ®Filers address is:
891 Siddonsbarg Road, Lewisberry, PA 17339
If you checked "Another Person", indicate your relationship with Plaintiff:
® parent of minor Plaintiff(s)
11 applicant for appointment as guardian ad litem of minor Plaintiff(s)
0 adult household member with minor Plaintiff(s)
0 court appointed guardian of incompetent Plaintiff(s)
4. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
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Petition For Protection From Abuse No:
5. The relationship between Plaintiff and Defendant is:
[ ] spouse or former spouse of Defendant
[ ] parent of a child with Defendant
[ ] current or former sexual or intimate partner with Defendant
[X] child of Plaintiff
[ ] child of Defendant
[ ] family member related by blood (consanguinity) to Defendant
[ ] family member related by marriage or affinity to Defendant
[ ] sibling (person who shares parenthood) of Defendant
Defendant is an adult.
6. Defendant has been involved in a criminal court action.
7. Plaintiff is seeking an order of child custody as part of this petition.
The following is a list of the children and where they have lived for the past 5 years:
Page 2 of 4
a. Sierra Rain Zehring
For the past 5 years, this child has lived with:
Parents of minor child have had a 51/49 custody arrangement for the past five
years.
8. The facts of the most recent incident of abuse are as follows:
On about Sunday, October 17, 2010 at approximately 12:OOAM
location: 516 Carol Street, New Cumberland, PA 17070
Defendant acted in a menacing manner when she returned home from an evening out and
grabbed minor Plaintiffs wrists and twisted them, bending back her fingers. Defendant slapped
minor Plaintiff which resulted in an injury to her lip. Defendant grabbed minor Plaintiffs
television and threw it. Minor Plaintiff was forced into her brother's room where Defendant
kicked minor Plaintiff and back-handed her in the face. Minor Plaintiff covered her head with her
hands in order to protect her face. Defendant than pushed minor Plaintiffs head into the bed post.
Minor Plaintiff was treated for her injuries at Hershey Medical Center.
9. (a) Has Defendant used or threatened to use any firearms or other weapons against Plaintiff or the
minor child/ren?
NO
(b) Other than the firearms, other weapons or ammunition Defendant used or threatened to use against
Petitioner or the minor child/ren, does Defendant, to the best of your knowledge or belief, own or
possess any additional firearm, other weapon, ammunition or any firearm license?
NO
(c) If the answer to (b) above is "Yes", list any additional firearm, other weapon or ammunition owned
by or in the possession of Defendant on Attachment A to Petition, which is incorporated by reference
into this petition.
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Petition For Protection From Abuse No:
Page 3 of 4
(d) Plaintiff DOES NOT request that the court order Defendant to relinquish firearms, other weapons
or ammunition listed on Attachment A to Petition.
10. The sheriff, police department or law enforcement agency that should be provided with a copy of the
protection order are:
New Cumberland Police Department
Fairview Township Police Department
PSP- Carlisle Barracks
11. There is an immediate and present danger of further abuse from Defendant.
12. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE
FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or
the minor child/ren in any place where Plaintiff and/or the child/ren may be found.
b. Award Plaintiff temporary custody of the minor child/ren and place the following
restrictions on contact between Defendant and the child/ren:
c. Prohibit Defendant from having any contact with Plaintiff and/or the minor child/ren,
either in person, by telephone, or in writing, personally or through third persons,
including but not limited to any contact at Plaintiffs school, business, or place of
employment, except as the court may find necessary with respect to partial custody
and/or visitation with the minor child/ren.
d. Order the following additional relief, not listed above:
Defendant shall not damage, destroy or dispose of, in any manner, any property
owned jointly by the parties or solely by the Plaintiff.
e. Grant such other relief as Plaintiff requests and/or the court deems appropriate.
f. Order the police, sheriff or other law enforcement agency to serve Defendant with a
copy of this petition, any order issued, and the order for hearing. Plaintiff will inform
the designated authority of any addresses, other than the Defendant's residence, where
Defendant can be served.
VERIFICATION
I verify that I am the petitioner as designated in the present action and that
the facts and statements contained in the above petition are true and correct
to the best of my knowledge. I understand that any false statements are made
subject to the Penalties of 18 Pa. C.S.A. §4904, relating to unworn
falsification to authorities
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Petition For Protection From Abuse No:
1 /4
-9
Si e
/Z)// 1
Date
PFAD Number: CM4097988Y
Page 4 of 4
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BECKY HOPKINS : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
MICHAEL ZEHRING NO. 98-7296 CIVIL TERM
Defendant. : IN CUSTODY
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, do hereby certify that I this clay served a copy of the
foregoing document upon the following by depositing same in the United States mail, postage
prepaid, at Carlisle, Pennsylvania, addressed as follows:
Michael Zehring
891 Siddonsburg Road
Lewisberry, PA 17339
1 Mark F. Bayley, Esquire(
BECKY HOPKINS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
1998-7296 CIVIL ACTION LAW
MICHAEL ZEHRING
IN CUSTODY c y
DEFENDANT
ORDER OF COURT
AND NOW, Friday, Januar y 07, 2011 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 10, 2011 _ at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilroy, Esq., UN
Custody Conciliator fp'
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
OP OROCI - X? rr - _?6y It _?
eer ? t. zelutj Z? %Y A ? W 9
??
BECKY HOPKINS
Plaintiff
V.
MICHAEL ZEHRING
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 1998 - 7296
IN DIVORCE
CIVIL TERM
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
rT-1 T; ,F71
:'
Gr)
tV rte;
70
Please enter my appearance on behalf of the Defendant, Michael Zehring, in the above
captioned case.
Respectfully submitted,
Abraharrz , Esquire
Attor neiff
Suprem # 209787
674 Stover Court
Hummelstown, PA 17036
4
BECKY HOPKINS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
MICHAEL ZEHRING, NO. 1998-7296
Defendant IN CUSTODY
COURT ORDER
AND NOW, this // * day of March, 2011, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. The Children's Advocacy Clinic of the Penn State Dickinson School of Law, is
hereby appointed as Guardian Ad Litem in this custody action for the minor child,
Sierra Rain Zehring (D.O.B. 4/27/1997). The Guardian Ad Litem shall represent the
legal interests and best interests of the child, and shall: meet with the child on a
regular basis; be given access to relevant court records, reports of examination of the
parents, and the child's medical, psychological, and school records; participate in all
proceedings; conduct such further investigation necessary to ascertain relevant facts
for presentation to the court; interview potential witnesses, including parents;
examine and cross-examine witnesses and present evidence necessary to protect the
best interests of the child; make specific recommendations in the form of a pre-
hearing memo to the court prior to a hearing, relating to the best interests of the child;
explain proceedings to the child to the extent appropriate given child's age, mental
condition and emotional condition; advise the court of the child's wishes to the
extent that they may be ascertained and present to the court whatever evidence exists
to support the child's wishes. All persons involved with child shall cooperate with
the Children's Advocacy Clinic in connections with any request for information,
request for meetings/interviews with the parties and the minor child, and requests for
home visits. The Children's Advocacy Clinic shall be included in on all pleadings
and notified of all proceedings in this matter.
2. The parties shall meet again with the custody Conciliator on Tuesday, March 29,
2011, at 10:3 0 a.m.
BY THE COURT,
Kevin . ess, Judge
.d
cc:V,Mark F. Bayley, Esquire '? 00.1 Id
,Abraham Prozesky, Esquire 3r it 1 i I
Lucille Johnson Walsh, Esquire ` 0it
BECKY HOPKINS,
Plaintiff
vs.
MICHAEL ZEHRING,
Defendant
Prior Judge: The Honorable Kevin A. Hess
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1998-7296
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
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:
Sierra Zehring, born April 24, 1997
2. A Conciliation Conference was held on February 24, 2011, with the following
individuals in attendance:
the mother, Becky Hopkins, with her counsel, Mark F. Bayley, Esquire,
and the father, Michael Zehring, with his counsel, Abraham Prozesky,
Esquire.
3. This is a situation where we have a 13 year old who is refusing to go to visit her
Mother. Apparently, there was a PFA involved where the Mother may have struck
the child and the child has not seen the Mother since that time. The Mother wants
to try to initiate some type of visitation. The parties agreed to an appointment for a
guardian ad litem and the Dickinson School of Law of Penn State University's clinic
offices have agreed to be the guardian ad litem in this matter.
4. The Conciliator recommends the entry of an Order as attached.
Date: March 1, 2011
Hubert X. Gilroy, squire
Custody Conciliator
BECKY HOPKINS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW c-)
c
MICHAEL ZEHRING,
NO. 1998-7296 ' '
? ?
0
?
? r==
Defendant IN CUSTODY
COURT ORDER ;
AND NOW, this Z day of April, 2011, upon consideration of the attache Custp dy.>
Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse
on Wednesday, June 22, 2011 at 9:30 a.m. At this hearing, the mother, Becky
Hopkins, shall be the moving party and shall proceed initially with testimony.
Counsel for the parties and the guardian ad litem shall file with the Court and
opposing counsel a memorandum setting forth the history of custody in this case, the
issues currently before the Court, a summary of each parties position on these issues,
a list of witnesses who will be called to testify on behalf of each party and a summary
of the anticipated testimony of each witness. This memorandum shall be filed on or
before June 17, 2011.
2. Pending further of this Court, the following TEMPORARY custody Order is
entered:
A. The father, Michael Zehring, shall enjoy legal and primary physical custody
of Sierra Zehring, born April 24, 1997.
B. The father is directed and the guardian ad litem appointed for the minor child
is hereby authorized to provide all relevant medical, mental health, school
records and related information to the mother, Becky Hopkins. This Order
also shall constitute authorization for healthcare providers to speak with the
mother, Becky Hopkins, concerning any and all matters relating to the minor
child, Sierra Zehring.
3. Pending further Order of this Court, the mother shall not have any visitation or partial
custody with the minor child nor shall the mother have any direct or indirect contact
with the minor child.
4. Pending further Order of this Court, the father shall have authority to, on his own,
make all decisions in connection with the minor child relating to health, education
and welfare. However, the father is directed to inform mother with respect to the
status of the minor child and any medical or other health related issues.
In the event the parties feel another custody conciliation conference in advance of the
hearing scheduled above will aid in facilitating a resolution of this case short of the
hearing, legal counsel for the parties may the Conciliator directly to schedule another
conciliation.
BY THE COURT,
"< 4A
Kevin A. ess, Judge
cc: Mark F. Bayley, Esquire /
?Abraham Prozesky, Esquire
?Lucille Johnson-Walsh, Esquire
Heather Nigrone, Certified Legal Intern
0 oMq23fif
BECKY HOPKINS,
Plaintiff
VS.
MICHAEL ZEHRING,
Defendant
Prior Judge: The Honorable Kevin A. Hess
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 1998-7296
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
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:
Sierra Zehring, born April 24, 1997
2. A Conciliation Conference was held on April 18, 2011, with the following
individuals in attendance:
The mother, Becky Hopkins, with her counsel, Mark F. Bayley, Esquire, the
father, Michael Zehring, with his counsel, Abraham Prozesky, Esquire, and
Heather Nigrone and Lucille Johnston-Walsh from the Children's Advocacy
Clinic of Penn State Dickinson School of Law.
3. The background on this case is that the father of the minor child obtained a
Protection from Abuse Order against the mother in October. The PFA Order gave
father custody and excluded mother from seeing the child.
4. At a prior conciliation, the conciliator felt a guardian ad litem (GAL) needed to be
appointed for the child. Pursuant to the Order of March 11, 2011, the Children's
Advocacy Clinic of Penn State Dickinson School of Law was appointed as GAL and
a second conciliation conference was held on April 18 after the GAL completed their
preliminary investigation.
5. The information reported by the GAL is quite troubling. The minor child is only in
the eighth grade, but has recently been involved in multiple institutional placements
for mental health reasons. There have been attempts at suicide and other dramatic
mental health issues reported by the GAL. The GAL indicates that the minor child
is not interested in visiting with the mother at this particular time.
6. This conciliator routinely feels that no contact between a parent and a child is
detrimental to the entire situation. However, in this particular case the conciliator is
not inclined to recommend any an interim order that provides for visitation for the
mother because of the extreme mental health issues involved with the minor child
and the other information and recommendation submitted by the GAL. However, the
mother feels that she wants to maintain some type of contact and has requested a
hearing on this issue before the Court.
7. The Conciliator recommends an Order in the form as attached.
Date: April/, 2011
ubert X. Gi oy, Esquire
Custody Co ciliator
BECKY HOPKINS, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW `= --- j
NO. 1998-7296 MW C_ =-7i
MICHAEL ZEHRING, IN CUSTODY cr7r- N cam,
Defendant
IN RE: PETITION FOR MODIFICATION OF CUSTOD C?
ORDER OF COURT -- :r-'
AND NOW, this 22nd day of June, 2011, after hearing
and pending further hearing, the plaintiff is authorized to
send written correspondence of a non-harassing and
non-threatening nature, not more frequently than once every
two weeks, to the child Sierra, with the understanding that
it will not constitute a violation of the protection from
abuse order which is in effect. This custody matter to be
listed for further hearing on the request of any party.
By the Court,
Jamie L. Augustinsky
Certified Legal Intern
Lucille J. Johnston-Walsh, Esquire
Dickinson Law Family Law Clinic
For the Child
Abraham Prozesky, Esquire
/ For the Father
Mark Bayley, Esquire
For the Mother
Kevin, /A. Hess, P.J.
?aa?p
otd
:bg
BECKY HOPKINS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION-LAW
MICHAEL ZEHRING, : NO. 98-7296
Defendant : IN CUSTODY
c
rnm
PRAECIPE TO PROCEED IN FORMA PAUPERIS ' rt
-<> cn �c
To the Prothonotary: r -+
Kindly allow Sierra Rain Zehring, a minor children,to proceed in formiFT* s -+
The Children's Advocacy Clinic, Guardian Ad Litem for the minor children pr ceed.ng
in forma pauperis, certifies that we believe the parties are unable to pay the costs and that we are
providing free legal services to the minor children.
Respectfully Submitted,
Date
Casey lespie
Certified Legal Intern
c+-V
LUCY STON-WALSH
Supervising Attorney
CHILDREN'S ADVOCACY CLINIC
371 West South Street
Carlisle, PA 17013
(717)-243-2968
Fax: (717)-243-3556
BECKY HOPKINS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYIAVANIAr,,
V. : CIVIL ACTION—LAW
MICHAEL ZEHRING, :NO. 98-7296 CP Ocj
Defendant : IN CUSTODY
k
STIPULATION OF THE PARTIES `* t
The petitioner,the Children's Advocacy Clinic,was appointed Guardian Ad Litem(GAL)
for the minor child by Honorable Kevin A. Hess in the Order of Court dated March 11. 2011.
The petitioner respectfully files the following Stipulation to Modify Custody Order, and in
support thereof avers as follows:
1. Plaintiff,Becky Jo Hopkins (hereinafter Mother), is the natural mother of Sierra Rain
Zehring(hereinafter Sierra),born April 27, 1997.
2. Defendant,Michael Zehring(hereinafter Father), is the natural father of Sierra.
3. A prior Order was entered on March 29, 1999 by the Honorable Kevin A. Hess (Order
attached as Exhibit A).
4. On January 26, 2011, a Protection From Abuse Order was entered by the Honorable
Wesley Oler,Jr., prohibiting Mother from having any contact, either directly or
indirectly, with Sierra. The January 26,2011 Order awarded Father temporary exclusive
custody of Sierra(Order attached as Exhibit B).
S. On June 22, 2011, a Modification of Protection From Abuse Order and a Modification of
Custody Order were entered by the Honorable Kevin A. Hess,authorizing Mother to send
written correspondence of a non-harassing and non-threatening nature,not more
frequently than once every two weeks,to Sierra(Orders attached as Exhibit C &D).
6. Sierra is currently residing at the Philhaven Residential Treatment Facility (hereinafter
Philhaven).
7. Sierra has requested more contact with Mother.
8. Sierra's therapist at Philhaven has recommended that Sierra and Mother have telephone
calls supervised by Sierra's therapist,not more than once every other week.
9. Petitioner believes that these supervised telephone calls are in the best interest of Sierra at
this time.
10. Petitioner asks that these telephone calls be initiated and continued at the discretion of
Sierra's therapist,and may be ended if Sierra does not wish to continue with the calls.
11.As per Cumb. Co.R.P. 208.2,the Honorable Kevin A. Hess has ruled upon related
matters in this case.
12.All of the undersigned parties are in agreement.
WHEREFORE the Guardian Ad Litem respectfully requests the above Modification of Custody
Order for Sierra Rain Zehring,effective today,February 22,2013.
Mic el Zehring se Mark Bayley,Attorney for Plaintiff,
Defendant, Becky Jo Hopkins,
Father of Minor Child Mother of Minor Child
Y i
J L ik^
Caseyt3illespie Lucy J on-Walsh
Certified Legal Intern Supervising Attorney/GAL
Guardian Ad Litem Guardian Ad Litern
BECKY HOPKINS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION—LAW
MICHAEL ZEHRING, :NO. 98-7296
Defendant : IN CUSTODY
CERTIFICATE OF SERVICE
I, Casey Gillespie, Certified Legal Intern at the Children's Advocacy Clinic, for Sierra
Rain Zehring, do hereby certify that a complete copy of this Stipulation to Modify Custody
Order was served on the following persons:
Name& Address
Mark Bayley,Esquire(Personal Delivery on 2-25-13)
17 West South Street.
Carlisle, PA 17013
Michael Zehring(Delivered by First Class Mail on 3-13-13)
891 Siddonsburg Rd.
Lewisberry, PA 17339
Date: G — ?
Cas Gillespie
Certified Legal Intern
r
Luc ston-Walsh
Supervising Attorney
Children's Advocacy Clinic
371 West South Street
Carlisle, PA 17013
717-243-2968
Fax: 717-243-3556
EXHIBIT A
ML
i
BECKY HOPKINS. ) IN THE COURT OF COMMON PLEAS '
Plaintiff ) OF CUMBERLAND COUNTY,
PLNNSYLVANIA
vs. ) i
CIVIL ACTION—LAW F
MICHAEL Z_I HRING, )
Defendant ) NO. 98-7296 CIVIL TERM
ORDER
AND NOW,this z`i' day of /3uy-c.h , 1999, upon receipt of the
Conciliator's Report,it appearing that the parties have agreed to the terms and provisions of this
Order which was dictated in their presence and approved by them,it is hereby ordered and
directed as follows:
1. The parties shall share legal custody of their minor child,Sierra
Zehring,d.o.b. April 24. 1997.
2. Mother shall have primary physical custody of the minor child subject
to periods of parlial custody with Father in accordance with the following four-
week rotational schedule:
A. Week One. From Saturday between 10:00 a.m.and
11:00 a.m. until'Tuesday morning at which time Father shall drop
MY the child at the daycare provider.
13. Week'rwo. From Sunday between 10:00 a.m.and
1 !:00 a.m.until Wednesday morning,at which Unle Father shall
drop off the child at the daycare provider.
'my
i
' i
i
1
r
f
C:
C. Week Three. Prong l-riday at 6:00 p.nn. until 'Tuesday
t.
morning at which time Father shall drop the child ofTat the
daycare provider.
D. Week Pour. Prom Sunday between 10:00 a.m.and '
11:00 a.m. until Wednesday morning at which time Father will
i
drop off the child at the daycare provider. t'
This schedule shall alternate so as to preserve this four-week
rotational schedule.
3. The parties shall alternate the major holidays,those holidays being
defined as Easter,Memorial Day, Fourth of July,Labor Day and Thanksgiving.
This alternating schedule shall commence with Father having Laster in 1999.
These periods of partial custody shall be from 9:00 a.m. until 7:00 p.m.
4. Father shall have the child every Christmas Eve and Mother shall have
the child every Christmas Day. The parties shall agree upon the times for these
periods of partial custody.
5. Mother shall have the child oil Mother's Day and Father shall have the
child oil Father's Day. These periods of partial custody shall be from 9:00 a.m.
until 7:00 p.m.
h. Each party is entitled to one uninterrupted week of vacation to spend
ith file child. 'llie parties shall provide each other with thirty days advance
notice of\01en they intend to exercise this period ofexclusive custody.
l
r
7. Both parties agree that there Should he 110 use ol'illegal drugs or abuse
ol'alcohol while the child is in their custodial care.
S. SUCK other limes as the parties may agree.
13Y 'i'l lE COURT,
,i.
Emily Long Holtman, Esquire
Mr. Michael/_chring
m1b
3
i
i
EXHIBIT B
Final Protection From Abuse Order No: 2010-6683 Page I of 5
FINAL PROTECTION IN THE COURT OF COMMON PLEAS OF
FROM ABUSE ORDER CUMBERLAND COUNTY,PENNSYLVANIA
Extended Order E]Amended Order NO, 2010-6683
1.PLAINTIFF
I Sierra Rain Zehring --74-72771997
First Middle Last Suffix Plaintiff DOB
Naine(s)of All protected persons,including minor child/ren and DOB.
Sierra Rain Zebring 4/27/1997
V.
DEFENDANT
I Becky Jo Hopkins
First Middle Last Suffix
Defendant's Address: DEFENDANT IDENTIFIERS
516 Carol Street DOB 10/6/1968 HEIGHT 5 ft.5
New Cumberland PA 17070 in.
SEX Female WEIGHT 110
RACE White EYES Blue
CAUTION: HAIR Blonde or Strawberry
Weapon Involved SSN
Weapon Present on the Property DRIVERS LICENSE#
Weapon Ordered Relinquished EXP DATE ISTATE I
The Court Hereby Finds:That it has jurisdiction over the parties and subject matter,and the Defendant has been provided with
reasonable notice and opportunity to be heard.
The Court Hereby Orders:
0 Defendant shall not abuse,harass,stalk or threaten any of the above persons in any place where they might be found.
M Except as provided in paragraph 4 of this order,Defendant shall not contact Plaintiff,or any other person protected
under this order,by telephone or by any other means,including through third persons.
MV
I XI Additional findings of this order are set forth below.
Order Effective Date January 26,2011 Order Expiration Date January 26,2014
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY
A FINE OF UP TO$1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS.23 PA.C.S.A.§6114.VIOLATION MAY ALSO SUBJECT YOU TO
PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE.A VIOLATION OF THIS ORDER MAY RESULT IN THE
REVOCATION OF THE SAFEKEEPING PERMIT,WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS,OTHER
WEAPONS AND AMMUNITION TO THE SHERIFF.PLAINTIFFS CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER
WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT.23 Pa-C.S.A.§6108(g).
THIS ORDER IS ENFORCEABLE IN ALL FIFTY(50)STATES,THE DISTRICT OF COLUMBIA,TRIBAL LANDS,U.S.TERRITORIES AND THE
COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT,18 U.S.C.§2265.IF YOU TRAVEL OUTSIDE OF THE STATE
AND INTENTIONALLY VIOLATE THIS ORDER,YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT.18 U.S.0
§§2261-2262.IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT,YOU MAY BE CHARGED WITH A FEDERAL
OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18
U.S.C.§922(g)(8).
https://www.pfad.state.pa.us/PFADLive/finalorder.asp?finalorderlD=19121 '1/-7/)A1 1
Final Protection From Abuse Order No: 2010-6683 Page 2 of 5
Plaintiff or Protected Person(s) is/are:
[X] child of Plaintiff
Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date
and location of the hearing scheduled in this matter.
Appearances by Parties and/or Counsel:
• Plaintiff appeared personally and is represented by: Abraham Prozesky,
Esquire
• Defendant appeared personally and is represented by: Mark F. Bayley,
Esquire
AND NOW, this 26th Day of January, 2011 the court having jurisdiction over the parties and the
subject-matter, it is ORDERED,ADJUDGED and DECREED as follows:
This order is entered by agreement without an admission. Without regard as to how the
order was entered, this is a final order of court subject to full enforcement pursuant to the
Protection From Abuse Act.
Plaintiffs request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would
reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any
place where they might be found.
2. Except as provided in Paragraph 4 of this order, Defendant is prohibited from having ANY
CONTACT with Plaintiff either directly or indirectly, or any other person protected under this
order, at any location, including but not limited to any contact at Plaintiffs or other protected
party's school, business, or place of employment.
3. Except as provided in paragraph 4 of this order,Defendant shall not contact Plaintiff, either
directly or indirectly, or any other person protected under this order, by telephone or by any
other means, including through third persons.
4.
Temporary custody of the minor children:
1. Sierra Rain Zehring
shall be as follows:
• Plaintiff is awarded temporary exclusive custody of the children named.
• Defendant shall have no partial physical custody/visitation rights until
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Final Protection From Abuse Order No: 2010-6683 Page 3 of 5
further Order of Court.
5. The following additional relief is granted as authorized by §6108 of the Act:
-Defendant shall not damage, destroy or dispose of, in any manner, any property owned
jointly by the parties or solely by the Plaintiff.
6. A certified copy of this Order shall be provided to the police department where Plaintiff resides
and any other agency specified hereafter:
New Cumberland Borough Police Department
Fairview Township Police Department
7. All provisions of this order shall expire in 3 years on January 26, 2014.
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE
BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX
MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO
PROSECUTION AND CRIMINAL PENALTIES UNDER THE
PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY
RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH
WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR
FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF.
PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT
INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY
FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(g).
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE
DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE
COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST
WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE
AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT
TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.0
§§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION
WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A
E https://www.pfad.state.pa.us/PFADLive/finalorder.asp?finalorderID=191218&cmdMnve=v 117P70 1
Final Protection From Abuse Order No: 2010-6683 Page 4 of 5
FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT
EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR
AMMUNITION. 18 U.S.C. §922(g)(8).
NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS
The police and sheriff who have jurisdiction over Plaintiffs residence OR any
location where a violation of this order occurs OR where Defendant may be
located, shall enforce this order. The court shall have jurisdiction over any indirect
criminal contempt proceeding, either in the county where the violation occurred or
where this protective order was entered. An arrest for violation of paragraphs 1
through 4 of this order may be without warrant, based solely on probable cause,
whether or not the violation is committed in the presence of the police or any
sheriff. 23 Pa.C.S.A. §6113.
Subsequent to an arrest, and without the necessity of a warrant, the police officer
or sheriff shall seize all firearms, other weapons and ammunition in Defendant's
possession that were used or threatened to be used during the violation of the
protection order or during prior incidents of abuse and any other firearms in
Defendant's possession.
The Sheriff of Cumberland County shall maintain possession of the firearms,
other weapons or ammunition until further order of this court.
When Defendant is placed under arrest for violation of this order,Defendant shall
be taken to the appropriate authority or authorities before whom Defendant is to be
arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed
and signed by the police officer, sheriff OR Plaintiff. Plaintiffs presence and
Signature are not required to file the complaint.
If sufficient grounds for violation of this order are alleged, Defendant shall be
arraigned, bond set, if appropriate and both parties given notice of the date of the
hearing.
BY THE COURT:
J. Wesley Oler Jr.
JANUARY 26, 2011
Date
Entered pursuant to the consent of plaintiff and defendant:
Plaintiffs Signature Defendant's Signature
This verifies that the above document is on file with the Cumberland County Office of the
https://www.pfad.state.pa.us/PFADLive/finalorder.asp?finalorderID=191218&cmdMove=V... 3/7/2011
Final Protection From Abuse Order No: 2010-6683 Page 5 of 5
Prothonotary.
FILED: JAN 26, 20112:33 PM
Distribution to:
MidPenn Legal Services
https://www.pfad.state.pa.us/PFADLive/finalorder.asp?finalorderID=191218&cmdMove=V... 3/7/2011
EXHIBIT C
MICHAEL EDWARD ZEHRING, : IN THE COURT OF COMMON PLEAS OF
on behalf of Sierra
Rain Zehring, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
V 2010-6683 CIVIL TERM
BECKY JO HOPKINS, PROTECTION FROM ABUSE
Defendant
IN RE: MODIFICATION OF PROTECTION FROM ABUSE ORDER
ORDER OF COURT
AND NOW, this 22nd day of June, 2011, written
correspondence of a non-harassing, non-threatening nature
sent not more frequently than once every two weeks from
the defendant to the child Sierra shall not be deemed a
violation of the protective order.
By the Court,
Kevin �,.' Hess, P.J.
(Jamie L. Au ustinsk /
g Y
Certified Legal Intern '
Lucille J. Johnston-Walsh, Esquire
Dickinson Law Family Law Clinic
Guardian Ad Litem
Abraham Prozesky, Esquire
For the Father TRUE COPY FROM RECORD
Mark Bayley, Esquire MToomony I�unbo set myhand
Y Y, and the seal of said at CGM.Pa
For the Mother This 120h deya a dM;o 11
b 4 A� Pt+oth WWY
g � I"
EXHIBIT D
BECKY HOPKINS, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V
CIVIL ACTION - LAW
NO. 1998-7296
MICHAEL ZEHRING, IN CUSTODY
Defendant
IN RE: PETITION FOR MODIFICATION OF CUSTODY
ORDER OF COURT
AND NOW, this 22nd day of June, 2011, after hearing
and pending further hearing, the plaintiff is authorized to
send written correspondence of a non-harassing and
non-threatening nature, not more frequently than once every
two weeks, to the child Sierra, with the understanding that
it will not constitute a violation of the protection from
abuse order which is in effect . This custody matter to be
listed for further hearing on the request of any party.
By the Court,
Kevin. A. Hess, P.J.
Jamie L. Augustinsky
Certified Legal Intern
Lucille J. Johnston-Walsh, Esquire
Dickinson Law Family Law Clinic
For the Child
Abraham Prozesky, Esquire ?RUE Copy rp M RECORD
For the Father 7iOMWwlwnd,l has wftsamfrMW
MW tlr ago d pb at ,P&
Mark Bayley, Esquire Thls d
For the Mother ProYiagyry
:bg
1
r
BECKY HOPKINS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
{ v. : CIVIL ACTION—LAW
MICHAEL ZEHRING, : NO. 98-7296
Defendant : IN CUSTODY
ORDER OF COURT
And now,this //' day of April,2013,the attached stipulation is hereby made an Order of
Court.
BY THE COURT:
J.
cc: vclark Bayley, Esquire for Mother, Becky Jo Hopkins
4,Michael Zehring, Father
,/Children's Advocacy Clinic, GAL for Sierra (F'I 11.5 cLcoure.0.)
66),
f s l ' u!
9 i4"
BECKY HOPKINS, : IN THE COURT OF COMMON PLEA OF-,F.
Plaintiff : CUMBERLAND COUNTY, PENNS } AIA„ +
v. : CIVIL ACTION—LAW ter ' '''_
-cam oa ,
MICHAEL ZEHRING, : NO. 98-7296 t
CD Defendant : IN CUSTODY :z.
C.) c , .
STIPULATION OF THE PARTIES
The parties respectfully file the following Stipulation of the Parties and in support thereof
avers as follows:
1. Plaintiff, Becky Jo Hopkins (hereinafter Mother), is the natural mother of Sierra Rain
Zehring(hereinafter Child),born April 27, 1997.
2. Defendant, Michael Zehring(hereinafter Father), is the natural father of the Child.
3. Effective the date of this Agreement all prior Orders of Court relating to the custody of
the Child are vacated.
4. Effective the date of this Agreement:
a. Father shall have sole physical and legal custody of the Child.
i. Father shall have sole authority,to make all decisions relating to the
Child's health, education and welfare.
ii. Father is directed to inform Mother with respect to the status of the
Child's medical or other health related concerns.
iii. Father is directed to provide medical and educational records to Mother
upon her request.
iv. Mother shall have authorization to speak with health care providers and
school officials concerning any and all matter relating to the Child.
b. Mother shall not have any visitation or periods of partial custody with the Child.
i. Contact between Mother and the Child will be limited to telephone calls.
The Child may have telephone calls with her Mother, initiated by the Child, at
times of the Child's choosing and without supervision.If the Child ends any
given telephone call,her Mother will not call her back.Mother and Child shall
not speak again until the Child initiates the next telephone call.
ii. Mother can)send written correspondence to the Child with the understanding
that any additional contact will constitute a violation of this Order.
iii. The parties acknowledge that Mother wishes to have expanded contact with the
Child but understands any expanded contact will occur at the Child's pace. The
Child has been advised that in the event she wishes to expand contact with
Mother,the Child can initiate contact.
5. The appointment of the Guardian Ad Litem,the Children's Advocacy Clinic of Penn
State Dickinson School of Law, shall continue. As Guardian Ad Litem,the Children's
Advocacy Clinic is entitled to any medical,mental health, educational, and child welfare
records. All persons involved with the Child shall cooperate with the Children's
Advocacy Clinic in connections with any request for information, request for
meeting/interviews with the parties and the Child, and requests for home visits. The
Children's Advocacy Clinic shall be included in on all pleadings and notified of all
proceedings in this matter.
6. This Stipulation of the Parties shall be in effect until further Order of Court.
7. All of the undersigned parties are in agreement.
WHEREFORE the parties respectfully request the above Stipulation of the Parties shall be
effective as of the date the following Order of Court is signed by the Honorable Kevin A. Hess.
/ . . UV.Af--(,)
.1A' ,. .....a
M hael Zehring/,,ro sr Mark Bayley,Attorney for Plaintiff,
Defendant, Becky Jo Hopkins,
Father of Minor Child Mother of Minor Child
a: a, �• ate J �.
Tiff. Fl•B-11. Lucy Jo�,E►t/-Walsh
Certi'-• Legal Intern Supervi fng Attorney/GAL
Guardian Ad Litem Guardian Ad Litem
BECKY HOPKINS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION—LAW
MICHAEL ZEHRING, : NO. 98-7296
Defendant : IN CUSTODY
ORDER OF COURT
And now,this 1 /' day of 64r b a.
2014, the attached stipulation is
hereby made an Order of Court.
BY THE COURT:
, Z
J. Hon. 'able Kevin A. Hess
i
114
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