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HomeMy WebLinkAbout98-07296 cf' c 'C ~ N I . I VI '7 rI' .C l~ ' 0.- -! l~ J~ IJ i I . ) i ! '13 i ~ , ! 0- j <lS ie- . Z BECKY HOPKINS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ", .' " , ,'" ". ~ - : .::. . '.' -.-- ,- , . ':, " ' 'i ' " "', .' ~ . - ~.. . ~" '. ' ,.~ :' , . ':'-. v. No, 75 7(J 7 k eL ~t~ (~, 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 \ ,:;", (\ .. ?,_.,,': ."~ ~;\", '. \ (".~ . 1"''1/,. . l...~, . J~_ , ,Custody COllCllwtot, <:I._'::i-:L}.__,::;!-,--_\~_._~~......._~_L::).~-l-'r.--!:J::-:: , .- '" , 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 11_, t-<,('"1. "".,i"1 J 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{ (\1"'I,(\(:(.:,J' Custody ConciliaiOf --f ,(1\\ ,~, .,,( '. II . ,. ("~ " Il'>;) /,/-:1":,:1 '-_) / "I / '/J(~" / /] ,:W , . // , ' ,,;'., If/ " l'~'.I!...~/ r,J ;,J..... .,Od(/ '- ~..,. /,/ /,'n" 0-' .' --hI', / :'1' .;{ ':;~'/74{{ ;/t~;;:,~/,.... , " / , / {:ry:.-r , ( v," /// :/''.:1;';1 / ~ , ,'i-'/' :: ,~ ; \. ~'" ': t. .. .',' .;. ;!;) (,:. , I'/<C,"" ,')1'" "";,,/ ,{l _ . ';'.~ I" 0 '..1(" i' . ." L}"7 ,.,/, /' - '7 / (.,1 ~ tc....-- /' J 1/ Ie (/;,;' t'c' ) /'(:' '0 . BECKY HOPKINS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ',r.' " . , ',' ' . .' , : ..' . >.' . , , ' . ,.' ,."', ",", :, ~ ,: .~, : ' . . - .' . v. 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 :}\. ;., ,,_l ~ . ~~. 2315 Kent 51. 4/24/97 to 8/98 . , ~J'J , J . ' -..' 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, ': ~. . " : . . :'" . 'r' . ,~' ,". ' , ; ., . .,'.... . "', ',." > . . " . I ~ ", ", ',. >. ..' - ,'. ':' 1 .. "'I'( '.~ 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: c ' . ~ \. ( \' 1\ I ,--' (:-~'{ \-.....,.,., ...\ ""--,. ,-~\)} EMILY 1. HOFFMAN, ESQUIRE Supreme Court !.D,# 66307 , , .,'., '.' ,_ " -, ," '. - " ..' :. or, . ' ' 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, / ~..:_'~.,)'" .- /1 fi ,..l:.;..___"" ';' ---- Be'cky ~opkins DATED: . '.. ". I ,." ..'_ ,'" '. ,', :.. .' ,: .' ',.', - , .. . ~ ..........\ o I' , \ " L~. _ ,",:-.~ 11; , <:J 'f' \.'J ,~ ~ 'Z) V':' ,;J '-'7 l;l (, ~~ ~- /;\~ f " - \ , ......, -- ~ -. ~' ~) '0/ -- , .,': .- ,." i' .' , .' . .' . \ .' ~.' " ~. .' . " , ',' '" .. BECKY HOPKINS. ) ) ) ) ) ) ) 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. . . ". "', ,1. ""', '..' .. "',' ',...1 ','" ", : 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, V. Fi! rD-CFFIC=" 011 ._ r= R r J 1 J"' -,3 M t_ !+! r. A Ain. r, ? 1 t 4';" ` 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 hir„q-//xvww nfacl.state_na.us/PFADLive/temporder.asp?TempOrderID=341769&cmdMo... 10/19/2010 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 , https://www.pfad.state.pa.us/PFADLive/temporder.asp?TempOrderID=341769&cmdMo... 10/19/2010 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. i,ttnq•//wnivur nfad ctatP nn iic/PFAT)T.ive./netitinn_aan?PetitionlD=178949&cmdMove=Vie... 10/19/2010 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. httr+c•/%xnxnxr nfsid c ntP nn „c/PFATIT.ivP{nPtitinn acn?PetitionlD=178949&cmdMove=Vie... 10/19/2010 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 o+a+P ra „omnATlr 1VPI„PtltYnn acn?PPtitinnTD=17R949&cmdMove=Vie... 10/19/2010 Petition For Protection From Abuse No: 1 /4 -9 Si e /Z)// 1 Date PFAD Number: CM4097988Y Page 4 of 4 hitn---/AxnanwrfhA -,tatP na „qmFAT)T.ive./netitinn_asn?PetitionID=178949&cmdMove=Vie... 10/19/2010 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 https://www.pfad.state.pa.us/PFADLive/finalorder.asp?finalorderID=19121 Rk.r.mtiN4n.7P=A7 1/7i)n1 1 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 F.S' t Lerk—, n?. �ai Let akt‘IAA-RjS PCLOC2dy 02./a/py